Class Action Lawsuit Continues Against Family Court Judges

10950859361151CDPA group of fathers in New Jersey have banded together to bring a class action lawsuit against five family court judges. They allege their constitutional rights were violated by orders made by these judges that deprived them of a relationship with their children. They also claim they were not afforded due process or equal protection under the law.

Their main argument is that by basing custody decisions on the “best interests of the child” their rights are violated. They also allege that lack of appropriate notice before a court order is made regarding their children is a breach of due process.

Due process, also called “natural justice”, is the right to have an unbiased hearing with an opportunity to present your evidence in defence to the claim against you.

Surender Malhan is one of the fathers in the class action. He alleges that the mother of his two children provided him with two hours notice she would be seeking sole custody of the children. He was given no real opportunity to organize rebuttal evidence to the allegations he was an unfit parent.

When he spoke to the media about his situation, family court Judge Nancy Sivilli issued a gag order preventing him from speaking publicly about his case. Mr. Malhan’s lawyer is now suing Judge Sivilli for First Amendment (free speech) violations.

The State of New Jersey is fighting back and brought a court application seeking a summary dismissal of the class action suit, arguing the fathers were using their court action to effectively appeal the orders made against them in the Family Court.

Judge Freda Wolfson presided over the State’s application, and refused to dismiss the fathers’ action, relying on a 2013 appellate decision, B.S. v. Somerset County, where the Third Circuit Court of Appeals refused to dismiss an action brought by a mother in Pennsylvania who alleged she lost custody of her daughter in a hearing that did not afford her due process.

The State also unsuccessfully argued that “sovereign immunity” protected New Jersey from this type of lawsuit. Judge Wolfson ruled the individual judges were the focus of the court action, not the State of New Jersey.

The debate over the usefulness of the “best interests of the child” test for determining custody has been simmering for a decade or more. It is often suggested that proponents of shared parenting want to eliminate the “best interests” test. Perhaps some do, but I believe that Courts simply need to embrace the substantial psychological literature that resoundingly reveals that children need a full relationship with each parent and that is what is in their best interests.

Lawdiva aka Georgialee Lang

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52 thoughts on “Class Action Lawsuit Continues Against Family Court Judges

    1. I’ve payed since I was 17, $450 for only one child. I watched year after year as child support enforcement attacked my career as a truck driver until I lost everything and my licence was taken. They wanted $600-$1000 at a time to get out of jail to look for a new job!

      1. Did you attempt to go for full custody in family court from the beginning? Or did you even go to family court? If you got an administrative order of child support, you should have kept the child and told them that you have physical custody and they would’ve had to drop it.

    2. But, what are you DOING about it ???? Men have been babbling about these problems for 40+ years. Talking to the victims about how corrupt the court system is does NOTHING. That’s like MLK having private meetings with black people telling them the system is against them. Duhhhh. But, MLK took to the streets and DID THINGS that changed things.

      1. I heard somewhere that some of them actually brought about a class action lawsuit. Not that protest isn’t “doing something about it.”

        Got any ideas on a course of action?

      2. I can tell you that In my case, it took me awhile to realize how unfairly I was treated. Also, the financial situation I was in did not enable me to afford an attorney.

  1. I sued for custody, won, and made her pay child support. It is MOST important for BOTH parents to recognize their animosity is seen by the children. As my child’s psychologist said, as long as the child KNOWS they can depend on one parent, they should turn out psychologically okay…

    1. Unless she was abusive, you’re a dirtbag. My ex did the same to me with a bunch of lies and a biased judge. What man wants child support from a woman anyway?!? Man up and get over yourself for your child’s sake, you’re delusional if you think you’re what’s best for your child. A real parent would want the child to have a healthy relationship with the other parent!

      1. Really ,but a woman can take the man for child support, wake up. Where is the equal rights, only when it benefits you.

      2. Why shouldn’t a man get child support if he has custody, maybe mom should woman up and support her child

      3. Hey, women are claiming they want equality, then that accounts for all aspects, including child support. Why should only the male have to pay child support and the female not? If he is being a father, she needs to be a mother and provide.

      4. Each situation is different, but you seem biased being the mother. My wife works quite a bit and would have a hard time taking care of my children if we divorced – not to mention she makes quite a bit more money than me (we are very happily married.) My sister and ex-bil share custody – which frankly is better than he deserves (he cheated repeatedly on her over several years) but it works for them. Men and women’s roles are changing in society – just because she’s the mom doesn’t mean she’s the best parent for the children. He actually seems to care about his kids well-being. I’m for equality, but I have to say if you want equal pay, equal etc. get over it.

      5. Amen sister! It boils down to these dads and moms don’t want to pay money so they make up lies and hurt the kids in the end!

      6. You may well ask “What woman wants child support from a man?” Unless you’re a sexist nutcase.

        There are plenty of cases in which the mother makes more money. On those cases, of course the woman should pay child support. But of course that rarely happens–due to Family Court bias.

      7. In British Columbia we have Child Support Guidelines. Where parents share equal parenting time, each pays to the other an amount of child support based on their income. For example, where mom makes $50,000 a year and dad makes $30,000, mom will pay child support to dad, in an amount that subtracts what dad should pay, based on his income. However, more typically, dad works and mom does not, so dad pays child support and mom does not. Where the parties have youngish children, 12 and under, mom often is not expected to work, unless she worked during the marriage.

      8. @MadMom76 – Typical bitter radical feminist and emotional basket case. Because YOU had a crazy ex you think it’s evil for a dad to get custody. The SAFEST place for kids is with dad, period. And how do you know this woman wasn’t a control freak. And your a stupid jackass to think that all mothers are perfect. Child support is an UNconstitutional SCAM. So, it’s either kill or be killed. It was created to help welfare bum moms and make money for the state and financially rape fathers. So, if a father fights to not be a victim, then you are a passive aggressive, pscyhotic sociopath who thinks dad should bow down. Get in the real world.

      9. Why wouldn’t a father have the same right to full custody without being a dirtbag?
        He didn’t say he lied, he just said he won.
        And why indict him for wanting child support?

        I don’t understand where you are coming from on this.

      1. Judges NEVER want equal custody. Also, if one parent is crazy, how can you MAKE them coparent (most people are in family court cuz a mom wants control and money).

    2. !!!! YESSSSSS !!!! This is the ONLY way for fathers to get anything fair. You get it !!! 90% of men are too lazy, shiftless or too cowardly to even attempt full custody. Or they listen to a corrupt lawyer saying, “You’ll never get that.” I was told I would get every other weekend. I told that attorney to screw off and got full custody on my own. Most dads are too dumb to listen to their own parental instincts too. Time for dads to man up and grow a pair and rescue their children from the abuse mothers put them through in the court system. When the PEACEFUL person gets control then there is peace. When the peaceful person acts like a sissy and surrenders in the name of peace, then there is hell to pay until the kids are 18. or even longer.

      1. That wouldn’t apply to me.
        I wanted and fought hard for full custody, 30 days of trial over 30 months duration.

        Completely biased judge who made up his mind at the very onset of the trial.
        Would not allow visitation for the whole trial duration, then put a restraining order on me making it a crime for me to see my daughter.
        When the Dungeon Master is corrupt, it makes no difference.

  2. I just had an Atlantic County Judge impose a public and social media gag order also violating my 1st amendment right of free speech. This family court system and dyfs / dcp&p have been intentionally keeping me from my daughter since birth without any substantiated proof of neglect or abuse. The dcp&p fabricates their own allegations that they convey to the judge via the district attorney general. The ironic part is that they threaten my paid private council to not interfere or argue in my defense.
    Would someone here like to help make a name for the cause ?

    1. Your attorney needs to get on the offensive. Has he/she done a deposition? Did you go for full custody from the beginning? Have you sued in another court for “abuse of process”? Or are you counter punching and responding to false allegations and always on the defensive? I’d be filing a judicial complaint too and put the judge on a website. I did in my own case. If you didn’t do any of the questions above, then you’re fighting a LOSING battle and NOT EVEN TRYING to help yourself.

      Stop being like a million other guys and crying for the media to showcase your situation. They’re NOT gonna do it. No one cares. your case is just like a million others. No one can help you but YOU. you are the dad. FIGHT to rescue your kids. Get on the offensive.

  3. Tell me folks with these all too often feminist lefty man hating unelected civil servants and the rest of the Family law judiciaries. What happens with these gag order’s in US juristictions re these cases when or if another person starts up eg social media commentary on matters that have gag orders. .if the comments are written in another sovereign juristiction eg Australia or NZED or Canada. .?? say by a mens group??. Might be worth looking into.And where are all the public domain investigations FOI etc into the members of these family law court hierarchies everywhere who conduct these all too often Nuremberg style man hunts in courts of totalitarian abuse bias and wrongful procedures..with Judges acting outside their roles..??? JGK.BRISBANE ..AUSTRALIA..

  4. I could join this class action. I was denied due process in 1988 by Ronald Graves, family court judge in Sussex County NJ.

    Took me 25 years to re-establish contact with my children. You don’t get that time back again.

  5. The situation is the family court made a file on us all the minute we went to court. .. one of us is the “absent” parent in the file and the other is the “home” based parent. They do this to get the most Federal funding $ off of our family. The absent parent is ordered to do all kinds of things like counseling, parenting classes, ect. and is forced to pay out of pocket. These “services ” usually have to be court approved because the “approved” providers are contracted ($) to the court. .they get the absent parent to go along with this by manipulating the parent child relationship. If the “absent ” parent refuses to go along with it or starts complaining their relationship with their children is immediately targeted. This is where the anxiety and stress comes from and Anxiety is a disability and you do not have to be on SSI to be disabled btw. A common mistake the targeted parent makes is to think that if they are not perfect or claim they are disabled then the courts will further retaliate against their parent child relationship. The courts know this and manipulate the targeted parent into more and more chaos, usually empowering the home based parent to join in on the Legal Abuse of the “absent ” parent thus making endless litigation and damages to the target parent thus making a need for “court ordered services” .. the home parent can do no wrong, including abusing the children and when it comes to the children usually all services are available and the home parents many abuses get covered up, this makes the home based parent, if they are abusive, want to use the courts “services” ($) … the constant manipulation by the family court of the parent child relationship of the absent or targeted parent usually results in Trauma to the parent resulting ultimately in what is called Legal Abuse Syndrome characterized by the target parent displaying PTSD “like” symptoms and when a parent starts hearing the supposed professionals in their case throwing around that phrase “ptsd like symptoms ” it’s really to see if the target parent has caught on to the fact they now have a sometimes years long trauma induced Anxiety disorder.. the professionals are afraid of the targeted parent catching on because then the targeted parent can legitimately say out loud that they are disabled, the court purposely did it for money and they are entitled to protection and damages under the ADA and in California the Unruh Civil Rights Act. .every court Web site has an “accesability ” link on it’s Web site and disabled parties can easily make administrative requests to the court to be treated properly under ADA guidelines and be given equal and fair access to the court and their children. . Anything up there sound familiar yet? Read more at your Enlightenment Peril here : http://familycourtcoalition.blogspot.com/p/medicaid-fraud-in-california-courts.html

  6. I’m currently in a nasty custody battle. I’ve been falsely accused and the like.. Just wandering how I could get invited or start a class action in Delaware County PA. Thank you

    1. Thanks for being a typical, defeatist coward, like 99% of dads. YOU exemplify why the system will never change. Men need to ALL go to war in their own case and we’d turn the system upside down. But, most of us are sissies.

  7. Judges and lawyers that have no problem fighting for a parents rights need to be applauded. Moreover, judges and lawyers who actually fight against their own (lawyers and judges) are the ones we need in Florida. It seems like none of them dare to go against their own and this is reckless and it is racketeering at its best. RICO

  8. I would like to know when foster carers abuse kids what is there punishment because in Walsall England there are children been silenced in the systems as we speak

  9. Years ago, someone led a fraudulent class action suit against family courts in all the states. The suit was knocked down because of the Fourteenth Amendment. If the suit described here succeeds, many men will press to follow suit in other states, because the problem is nationwide.

  10. Not only should the judges be sued for this but also the psychological damage they are inflicting on fathers in general. If I knew how badly my life was going to ruined by divorce. I would have never ever ever married. Sharing is now a concept gone for me…….and just undying hatred and mistrust of women…Our government has caused me and so many others. It is despicable . Authorities should publicly post the rules of divorce before parties marry……the man gets nothing and in return may be forced into lifelong slavery while the ex lives in your home and you pay her. If people think slavery was abolished in the civil war…..think twice dummies. The state of connecticut pays out child support to women and then forces men to pay it back with more interest than the loan sharks charge. The animals who run the divorce court system are savages who hide behind the law to fulfill there sadistic fantasies……..schadenfreude

  11. Judge Wolfson needs a bloody medal, this will change history if this goes the father’s way, really hope is does, this will give a positive outlook to fathers across the world. As for Judge Silvilli, hope she gets terminated, she obviously hates fathers… wonder if she’s divorced. lol

    1. Your case is not unique. They’re all like that. You should help do something instead of sitting on the sidelines and saying, “I hope somebody else rescues us fathers from this.” NO ONE ELSE cares. You see its dads actually filing this suit? 99.9% of men are lazy cowards watching and crying from the sidelines…and then the next wave of dads wonders why no one is doing anything about this. Answer: Most dads, after going through this hell, get as far away from it as they can. So, no one ever does anythin.

  12. Don’t forget to include (dishonorable) Thomas Critchley.

    He’s one of the most corrupt Judges in the state of New Jersey…and should stand trial for using his position to knowingly and willfully manipulate the court system to disadvantage male parents, in addition, he imposed a one year sentence on a self-confessed violent killer.

    1. Pointing out one single judge is like pointing out one single member of the mafia. They are all corrupt. Your experience is the same as almost all other fathers.

  13. Men like myself have seen FAR TOO MANY male friends and colleagues SUFFER at the hands of ex-wives, immoral attorneys and radical feminist family court judges. Only the naive male, blinded by love and sex would consider marriage a viable option. At the MERE WHIM of the wife who in now fully empowered to arbitrarily eject the husband/father from the home filled with his children and possessions, literally left to beg/sue to see his children. Too many of my friends live in small apartments while a wife lives in the home with the children as if nothing has happened. She anointed a “single mother”, perpetual victim of a MAN.
    Marriage is not the ONLY way to find happiness and fulfillment in life as it once was.

  14. The First Right of a Child in their own best interest is to be parented uninfringed, in the absence of any chargeable criminal wrongdoing toward the child.

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