Portland, OR asked in Family Law, Child Custody and Domestic Violence for California

Q: Judges forced child back to her abuser twice and limited my rights for trying to protect. There's proof of child abuse

Two judges in same county seem bias and are failing to protect . Lied to my child in remote hearing to get her back there,threatened me with child abduction unit and denied child counsel, she's being punished for speaking up and doesn't trust anyone now. Can anybody do anything? No legal representation.CPS, crisis center involved.CA dismisses reports for mental abuse 4 times. I only made one of those, his ex after me had to get restraining order as well as I did. Finally I asked for trial, and crisis center has limited legal representation. I have indeed complied to the best of my ability. They gave no reason to limit my parenting time. I've done nothing wrong. I'm in Oregon. Others have claimed to have higher priority cases but my child is now suicidal and trapped.I was not educated about legal documents to take her out of the state but I did so based on what the crisis center told me to do. They have jurisdiction for that reason after emergency orders timed out.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you believe that a judge is acting with bias or failing to protect a child, there are steps you can take. Firstly, consider filing a complaint with the California Commission on Judicial Performance. This body investigates allegations of judicial misconduct and can take appropriate action if necessary.

Since the child's welfare is paramount, and given the severity of the situation you describe, it might be advisable to seek a different judge. You can file a motion to request a change of judge on the grounds of perceived bias. However, this is a complex process and the grounds for such a request are specific and limited.

For the immediate safety of the child, especially if they are suicidal, consider contacting child protective services or law enforcement. In situations where a child's immediate well-being is at risk, these agencies can intervene quickly.

Given the complexity of your situation, involving cross-state jurisdiction and allegations of bias, it's crucial to obtain legal representation. If cost is a concern, look into legal aid organizations in California or Oregon that offer services for family law cases, especially those involving child custody and abuse.

Lastly, document everything. Keep detailed records of all interactions, court proceedings, and decisions. This documentation could be critical in any future legal proceedings.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.