1. June year 1 - Domestic violence in home in front of child Police were called, report taken.
   • Father confesses to beating mother
   • Mother taken to hospital, reported injuries.
   • Mother never went back, stayed with aunt.
   • Mother filed for divorce.
• Mother reports both domestic violence and child abuse in divorce declaration.
2. July year 1 - Mother hires private therapist
• For child
• For self
3. July year 1 - Daughter interviewed by CPS/CFS
• Daughter reports that father was hitting her mother on her arm like this (the child indicated using her own fist to hit her arm like this (the child indicated using her own fist to hit her other arm).
• Daughter also stated that she screamed and that’s when her father stopped striking her mother.
• Daughter stated “My daddy not nice to my mommy”
• Daughter stated “daddy has brewskies and momma has none”.
• Daughter reported that no one has touched her in an inappropriate manner other than “I touch myself”.
• CPS requested that the visitations between father and his daughter remain as “supervised”.
4. July year 1 - Judge threatens mother in document filed that “If allegations are determined to be false, serious consideration will be given to awarding custody of minor child to respondent at the hearing already set.
5. July year 1 - During supervised visitation as documented by supervisor, child ask father “not to hit mommy anymore”
6. August year 1 - Father is out of home and child is making statements to nanny suggestive of prior abuse and threats by father.
7. August year 1 - Child therapist reports to court "child has spoken about witnessing the D.V, masturbated through session, undressed all dolls, and engaged in play where the dolls were going pee.
8. August year 1 - Child’s therapist is appointed 730 expert
9. September year 1
• Child’s therapist files CPS report and doesn’t submit to court.
• September year 1, DA files DV charges against father.
• Judge takes father off of supervised visits
10. September year 1 - Child comes home from unsupervised visit
• Undresses a playmate
• Fondles playmate
• Discloses to mother that father injured her anus with his finger on visit.
11. September year 1 - Child discloses to therapist (now 730 expert)
• Expert in turn discloses to custody evaluator
• No report is filed by 730 custody evaluator or by 730 child’s therapist
12. October year 1 - Child comes home with bruises on legs
• Reports that father injured her
• Mother reports to CPS
• Mother reports to 730 therapist and 730 custody evaluator.
13. November year 1 - Child in 730 custody evaluator’s office
• Child has injury from a visit with father the evening before.
• 730 custody evaluator does not report injury.
14. December year 1 - Nanny of child and family friend report statements from child – statements were ignored.
15. December year 1 - Child comes home from visits with father crying from injuries.
• Mother reports
• Nobody is taking action.
• All telling mother that it is not happening, as father is under a microscope.
16. Custody evaluator’s report comes out, stating
• “Based on her work with child, Therapist can not rule out or confirm that something sexually inappropriate happened to child.
• Therapist states that child has spent time in therapy stripping clothes off dolls, and has sometimes masturbated when she was anxious.
• Child knows how boys pee, and what daddies wear at night.
• When therapist has talked about molestation, child has engaged in regressed behavior such as talking in baby talk.
• When therapist talked to child about seeing "yucky pictures" child lay on the couch and spread her legs apart.
• Therapist played a game with with child about a child who had been stolen and recovered. In the game when they get to the point of the child telling a policeman about being taken, the child character (played by child) was unable to speak.
•  Therapist then pretended as a parent doll to ask the policeman why children sometimes couldn't tell the truth about what happened to them.
• Child suddenly collapsed, fell on therapist and leaned against her for a long moment.
• Therapist noted that this was unusual for child since she is not typically an affectionate child. This was an "affect shift" for child.
• Therapist stated that every time she finds a way to bring up the sexual molest issue in therapy; child behaves as if something happened. H
• However, child has never talked about, or play-acted anything specific.
• Therapist continues to believe that she can not confirm or rule out that something inappropriate happened to child.
• Father has substance abuse problems, alcohol, and anger issues.

ARE YOU READY FOR THIS?  

Father has both physical and legal custody...

1. May 1997 - 15 month old daughter gets very ill when Father is away on business.
• Mother leaves child at home unattended and goes out drinking and gambling with her Mother.
• Returns to find terminally ill baby, takes two days before she takes her to Children’s Hospital Oakland (CHO).
• CHO contacts Father by email informs to get home ASAP.
2. June 1998 - Daughter succumbs to illness and dies.
3. September 1998 - Father suffers massive stroke due to stress of losing daughter and abusive treatment by Mother. 
• While in hospital doctors inform Mother Father is not likely to survive. 
• Mother tells Father he will not survive and she wants to be married and that it needs to happen very soon.
• Mother is aware of Father’s reluctance to get married but insists it should not matter to him if he is deceased.
4. April 2000 - Mother is in Father’s home office and assaults him repeatedly in front of minor child.
5. May 2000 - Father’s business collapses and no more income stream.
6. December 2002 - Mother assaults Father in front of minor child and is arrested for Domestic Violence by county sheriff.
7. December 2002 – Mother calls Father after 6 hours in county jail and states that she does not like being there
• She has asked all her relatives and friends and no one will bail her out
• Would Father please bail her out
• She promised to behave like a good wife and also repay bail.
• Mother meets Future Boyfriend in jail. 
• Bail bondsman informs Father that Mother met with known criminal while in jail with known background and he provides background to Father.
8. May 2003 – Mother filed for Temporary Restraining Order (TRO)
9. May 2003 – Father requested mutual TRO’s – Berkow granted mutual TRO’s
10. May 2003 – Minor child informs Father that Mother is having sex parties at her apartment with boyfriend and 3 of his friends
• He saw Mother performing fellatio on Boyfriend & friends
• Mother punched him in the stomach for watching.
• Father informs Danville Police
• Police interview minor child and Mother and drop any further action.
11. July 2003 - Berkow orders custody evaluation
• Custody Evaluator performs an incomplete and grossly inaccurate evaluation
• Refusing to interview
• Extended family members
• Teachers at school
• All persons who spend much time with children.
• Custody Evaluator visits Father’s home and complains that “a disabled person should not live this well too much space for one person.”
12. May-December 2003 - Children indicate
• Lots of alcohol and pill consumption
• Drinking and driving at Mother’s home
13. December 2003 - Father recognizing that his attorney was not looking out for Father’s and children’s best interest; terminates the relationship with attorney.
14. Mar 2004 - Berkow
• Orders therapy for Father and eldest son.
• Denies Father’s extensive evidence of criminal acts by Mother’s Boyfriend.
15. May 2004 - Father hires a prominent Marin forensic psychologist at great expense $25K
• To challenge the accuracy of Custody Evaluator’s evaluation report. 
• Berkow does not allow this expert to present his findings
16. August 2004 – Court orders vocational evaluation paid for both parties by Father with stipulation Mother will reimburse. 
• Vocational evaluator determines Father is permanently disabled as ordered by Federal Judge in June 2000
• Mother is capable but unwilling to secure employment.
• Custody Evaluation awards
• Eldest child to Mother & career criminal Boyfriend living in her home
• Father was given limited supervised visitation to Eldest son.
• Awards youngest son to Father with the following rationale:
• The eldest son looks like mother
• The youngest son looks like father
• Evaluator indicated father may abuse eldest son because of resemblance to mother
• (Note: Father has no history of violence however Mother has multiple arrests for domestic violence.
17. September 2004 – Minor’s counsel appointed.
• Father is now Pro Per. 
• Court continues to abuse privileges and denies request by Father for change of visitation.
• Father refuses to pay Custody Evaluator for incomplete and incompetent custody evaluation
• Court orders Custody Evaluator to do thorough criminal background check of Mother’s Boyfriend.
18. Sept 2005 - Mother removes son from high school and enrolls him in Venture school without informing Father.
• Mother continues to disregard joint legal custody rules
• Mother is instructed by her attorney to continue to disobey rules and claim ignorance.
19. July-December 2005  Numerous motions filed by Father to change custody
• Court never listens, continues abusing Father’s Pro per rights
• Berkow does not allow Father to present his evidence or case in court she relies only on information provided by
• Minor’s counsel
• Opposing counsel
• Father realizes minor’s counsel is biased
• Taking direction from Mother & Boyfriend
• Is in continuous Ex-Parte communications with opposing counsel.
•  Father points this out to Berkow and requests dismissal and disbarment proceedings for minor’s counsel.
• Berkow denies motion and orders Father to pay Custody Evaluator.
• Father refuses and files ethics violation charges against Custody to CA Board of Psychology (BoP). 
• BoP refuses to take any action against Custody Evaluator. 
20. December 2005 - August 2006 – Numerous motions filed by Father to change custody
• Court never listens
• Court continues abusing Father’s  Pro Per rights
• Berkow does not allow Father to present his evidence or case in court always relies on minor’s counsel or opposing counsel 
• Multiple requests for Income and Expense Declaration (I&E) from opposing and minor’s counsel
• Father provides current I&E
• Mother files perjured I&E
21. June 2006 - Eldest son
• Calls minor’s counsel
• Sends emails counsel
• Writes letter minor’s counsel
• Minors counsel ignores all correspondence
• Son writes directly to Berkow
• Berkow ignores his requests for change of custody and visitation
• Without talking with child; Minor’s Counsel files motion that Father tortured son into writing emails and letters by withholding food and sleep. 
• Father files motion on behalf of son.
22. July 2006 – Court mediator interviews children
• Children confirm Minor’s Counsel perjury
• Father brings perjury to attention of court
• Berkow denies any actions against Minor’s Counsel
23. August 2006 – Custody and visitation increased for Father.  Father now has every other weekend and Wednesdays with both children.
24. September 2006 – August 2007 – Father continues to refuse to pay Custody Evaluator and Minor’s Counsel on grounds of refusing to pay for incompetence and perjury.
25. August 2007 – Minor’s counsel files false motion about Father abusing children.
• Eldest son denies all claims in minor’s counsel’s OSC as indicted by mediator.
26. September 2007 – Father files charges of perjury with County DA. 
• County DA does not want to take on Family Court 730 experts.
27. October 2007 – Eldest Son is detained at school for possession of controlled substance.
• Mother refuses to come to school and pick up son
• Police call Father
• Father picks-up son 
• Son was in possession of marijuana and opiates
• Drugs were provided  by Mother or Boyfriend
• Also Mother obtained prescription for ADHD meds without informing Father for both children.
28. November 2007 – Father is denied all visitation and custody with youngest child and allowed limited visitation with eldest son.
• Father is once again ordered to therapy as is youngest son.
29. November 2007 – January 2008 – Mother continues to obstruct visitation with both children at all times.
30. December 2008 – Father secures non-professional supervisor
• Mother refuses to meet with supervisor
• Continues to obstruct visitation.
31. January 2008 – Minor’s Counsel retires and leaves state.

Question:

Are these decisions too stupid to be true?  Think again.  Click here for the complete case.

1. Starting 1998
2. Parents were not permitted to go to mandatory orientation before start of custody process
3. Meet with family court services mediator (was later fired from job)
4. Mediator says that child's father says that child's mother made child sit on face, pinched nipples and grabbed butt.
5. Both parents tell mediator's boss that the above never happened.
6. Paperwork filed away -- denial by both parents does not appear in court files
7. Evaluations states that father harbors 'mild hostility against women'
8. Berkow screams in Court that mother has been in serious trouble with CPS
9. This was repeated a second time
10. Mother nor child were ever involved with CPS
11. It took six years of random phone calls to get a letter stating that neither mother nor child are in the CPS system
12. Based on this erroneous information; Berkow orders the following:

• Restricted visitation was ordered to for mother
• Physical custody was awarded to father

13. Years later mother pays for another court appointed therapist
14. Mother pays full cost of evaluation for daughter, father, sitter and self
15. Therapist writes neutral letter to Court stating no reason for supervised visits
16. Therapist also concluded that father and sitter were alienating daughter against mother
17. Commissioner Libby didn’t like the results of the evaluator and orders another therapist to evaluate
18. 10 years later while still on supervised visitation mother continues to try and convince Libbey that she was never involved in a CPS case nor have any therapists stated anything negative about her…
19. Libbey continues with supervised visits
20. Now defeated by the system not able to cope with the situation of being away from her daughter can’t find work and is barely surviving
21. All financial resources have been used up to fix court errors but to no avail
22. Now father is selling home and wishing to move to Illinois with their daughter
23. Not having a job, barely serving and consequently not being able to pay child support; mothers drivers license is revoked

WOW THIS SOLVES THE PROBLEM DOESN'T IT?

1. February 2004 - Father filed for divorce
2. December 2004 - Mother's boyfriend commits battery upon father in the presence of his son during the child custody exchange. This fact was recorded by the police surveillance camera.
3. February 2004 until September 2005 - Father had custody
4. September 2005 - Custody evaluation results
• Mother
  • Suffers from major depression with alcoholism and drug use
  • Attempted suicide in August 2000 - afflicting numerous lacerations to both wrists and arms
  • Mother was admitted and assessed for suicidal ideation in December 2000
  • She becomes agitated and behaves in a somewhat bizarre fashion
  • Released from hospital with a prescription for antidepressant and low dose atypical anti-psychotic medication
  • Mother became addicted to pain medication
  • Custody Evaluator noted that Mother herself admitted her abuse of marijuana, pain killers and alcohol
  • Health care provider diagnosed that Mother suffered from major depression with illegal substance and alcohol abuse
  • Evaluator was also very concerned in Mother's two-week delay in taking a drug test and three-month delay submitting to a hair follicle test.  Evaluator further notes that this is the period for drugs to become undetectable.
  • Jury found the Mother's boyfriend guilty of batter, verdict recorded.
  • On the positive side... Nothing noted
• Father
  • On the positive side... Father has provided son with a safe and stable home, a lot of care and attention and has been consistently and actively involved with son's school
  • He shows persecutory ideation causing him to be suspicious (* see below)
  • Father refused to participate in psychological testing
  • He relentlessly attempts to control his environment
• Custody
  • Joint custody
  • Son to continue attending Walnut Creek school
5. September 2005 - Berkow does it again...  Yes mother was given primary physical custody of son; Son switched schools
6. September 2005 - Berkow orders mother to take random drug testing as a condition for retaining primary physical custody. 
7. Mother does not comply... Berkow does nothing...
8. Two years later mother still hasn’t complied...
9. August 2007 - Father completed comprehensive psychological testing.  The psychiatrist's diagnosis is that there is nothing wrong with the father.  Furthermore there is nothing preventing Father from responsibly parenting his son.
10. On December 5, 2007 - A shooting took place at the residence of the mother and the son.  Read more about it: http://www.marinij.com//ci_7647072?IADID=Search-www.marinij.com-www.marinij.com - Police are trying to identify a gunman who came to the door of a Novato home and fired several shots at the resident, narrowly missing his target.
11. On December 14, 2007 - A Las Vegas man was arrested in Bel Marin Keys shooting.  Read more about it : http://www.marinij.com/marin/ci_7725620  - A Las Vegas man has been arrested in a Novato shooting that might have been a drug-related murder-for-hire, police said Friday.  Gary Diaz, 29, is being held at the Clark County Jail in Las Vegas on a $5 million arrest warrant from authorities in Marin. Extradition proceedings are pending.
12. December 20, 2007 - Judge Baskin during a hearing orders mother to move out from Bel Marin Keys home and keep son at least two hundred feet away from boyfriend – This was a move away order.
13. December 20, 2007- Mother was ordered to take random drug tests
14. The Move away order included action if mother did not comply.  If mother does not comply father will be given custody of son following the filling of an Ex Parte with 24 hour notice to mother.
15. January 7, 2008 - Mother did not comply with the move away order so father mailed copy of Ex Parte motion to mother
16. January 7, 2008 - Father filed Ex Parte motion with the court
17. January 10, 2008 - Instead of changing custody as ordered by Judge Baskin; Commissioner Huffaker ordered a hearing for January 31, 2008.
18. January 10, 2008 - Mother has not complied with order to take drug test
19. January 31, 2008 - Huffaker reviews further evidence that child is in jeopardy and does nothing but order another hearing on February 14th.
20. February 14, 2008 - Judge Goode this time hears the case and sees further evidence that the Mother's boyfriend is a drug dealer but makes no change in custody.

 * It doesn't take long for a family law litigant to acquire persecutory ideation causing litigant to become suspicious of the court's intent and actions.

Questions:

1. Now the court is allowing more delays. 
2. Once more why should the mother comply with the order if she knows the judge will not do anything?
3. One may ask… What is the father’s remedy to this lack of cooperation?
4. The father must file more motions to deal with this.  $105 for Ex Parte
5. More motions equal more money spent. 
6. Lost productivity of the court, father and mother. 
7. This doesn’t even deal with the emotional and psychological nightmare the father is going through.

The Kelsey Briggs Story.

Kelsey Briggs was born in Oklahoma on December 28, 2002 after her parents Lance Briggs and Raye Dawn Smith were divorced.
At the end of 2004 Raye Dawn Smith started dating a man named Michael Lee Porter.
The first reported incident of suspected child abuse regarding Kelsey was made on Jan.17, 2005.

Raye Dawn Smith married Michael Lee Porter on April 18, 2005.

On May 3,2005 Kelsey was taken out of her home by OKDHS.

May 4,2005 Kelsey was moved to her maternal Grandmother Gayla Smith.

After months of documented abuse which included a broken collarbone, multiple abrasions, new bruises and faded bruises from head to toe and two broken legs court hearings followed,but after it all on June 15, 2005 Judge Craig Key sent Kelsey back to her mom and stepfather.The judge said "Kelsey's abuser was unknown."

Kelsey remained in state custody and was to be supervised by state agencies.
Her biological father Lance Briggs was a soldier in Iraq he was in the process of checking out from his duty in Fort Benning,Georgia.

On October 11, 2005 she was murdered apparantly by her Stepfather Micheal Lee Porter but that is up for debate.Raye Dawn and Michael Porter were the only ones with Kelsey in the hour leading up to her death.

Raye went to pick Whitney up from school. Whitney is Mike Porter's Bio daughter from a previous relationship.

Raye claims Mike killed Kelsey while she was gone.Mike claims Raye killed Kelsey before she left and left him to take the fall for it. The cause of death was blunt force trauma to the abdomen,it was ruled a Homicide. 

Kelsey Briggs died just days before her father was to return.

Two weeks later Porter was arrested on first degee murder.  The Stepfather's charges were amended to add the sexual abuse.

Her mother was later charged with two felonies of Child Neglect and Enabling Child Abuse.

Porter and Smith divorced after Kelsey's death.
On February 2, 2007 a plea negotiation was entered and approved by the paternal family.

Alot of people failed Kelsey.Remember her story the next time you think a child is being abused.Please report it, if you don't, that child may suffer the same fate as Kelsey.Please don't let that happen.

1. Father lives in Southern California
2. June 2004 – Mother gave up 6 year old daughter (Neither parent paid any child support)
3. April 2006 – Father got a higher paying job working for the government
4. June 2006 – Mother move to Northern California – Contra Costa County
5. June 2006 – Mother asks if she can spend time with daughter during the summer and promises to let her return home before school starts
6. June 2006 – Father agrees
7. July 2006 – A couple of weeks after her move, Mother files an Ex Parte motion  for full custody and  child while Father is on government duty out of state
8. August 2006 – Mother enrolls daughter in new school
9. August 2006 – Family Court Services Mediator met with daughter for 10 minutes without father’s knowledge or consent
10. September 2006 – Commissioner Huffaker stated that mediator report was thin but gave temporary custody to Mother even though:
• Daughter had lived in Southern California
• She lived in a stable home with her Father, Stepmother and five siblings
• She attended school there for two years.
• Now Father is responsible to pay $1000 per month in support
11. October 2006 – Mediator communicates that she herself had a similar experience.
• The Mediator stated that she understood why mother took daughter because she did the same thing with hers.
• (Questions… Isn’t this confirming a biased mediator? Should this mediator been assigned to this case?)
12. October 2006 – Mediator refuses to testify in court. Says she is on vacation.
13. October 2006 – At the custody hearing Huffaker calls mom unstable
• Gives custody to Mother who lives with boyfriend
• Sets review hearing in 9 months
• Orders that daughter sees a psychologist
14. May 07 – Psychologist recommends child to be returned to Father.
15. June 07 – Conducted custody review hearing
• Mediator recommends that daughter stay with Mother
• This recommendation was based on ensuring continuity for the daughter at school and with friends
• (Question… Why didn’t this same reasoning apply the prior year when daughter was removed from a stable home with five siblings and 2 years of school?)
• Custody evaluation was ordered
16.  December 2007 – After reading the evaluators report Huffaker states on the record that he made a mistake in uprooting child from home one year earlier
• Custody evaluator states that child should have stayed with Father
• However Huffaker says since child is doing well he will not change custody... (Question… Why didn’t this same reasoning apply the prior year when daughter was removed from a stable home with five siblings and 2 years of school?)... Because the past is the past.
• Parents ordered to take daughter to a court appointed counselor for therapy

1. September 1999 to December 2003 – Mother and Father share 50/50 custody of their 2 children and alternate on a weekly basis
2. January 2004 – Due to emotional issues with children resulting from parent’s divorce in 2000 family therapist makes temporary recommendation (max. 6 mos.) for my two children (then 9 and 11)
• To live separately except for weekends that will be spent alternately with each parent.
• Younger child will live with Father, his girlfriend and her children
• Older child will remain with Mother.
3. February 2004 – Younger child expresses missing Mother and indicates to Father and therapist the desire to go back to alternating weeks.
4. April 2004 – Father marries girlfriend.
5. May 2004 – Therapist directed Father to revert back to weekly 50/50 custody arrangement which included having children together and alternating weeks with each parent.
• The Father refused.
• Neither party had legal representation and had not yet re-involved the courts.
• Mother not experienced enough to exercise her 50/50 custodial rights as ordered in 2000 so did not make attempts to enforce the original custody arrangement.
6. June 2004 – Father continued refusal to follow therapeutic recommendations.
7. August 2004 – Mother and Father attended an introductory mediation appointment with an attorney.
• Father walked out of appointment
• Father refused to pay for the services
8. August 2004 – Mother served Father with an income declaration request to modify child support.
• Current amount based on small earnings disparity dating back to 2000.
• Father now earned considerably more and cost of living had risen so adjustment was needed.
9. September 2004 – Father filed custody motion seeking
• Sole custody of younger child
• Every other weekend with older child.
• At this time older child was still having emotional issues
• Father and his new family did not want the burden of raising older child
10. October 2004 – Court orders 730 Custody Evaluation that commences and runs through February 2005.
11. February 2005 – Younger child begins to see new therapist
• Therapist expresses frustration regarding the Father and his family’s unwillingness or refusal to follow her recommendations.
• Therapist makes comments that it would be best if Mother retained full custody.
12. March 2005 – Custody evaluator finds no issues with either parent and recommends
• Reverting back to the weekly 50/50 custody arrangement with both boys remaining together.
• The evaluator also recommends that both boys see therapists
• A special master be appointment to mediate parental conflict.
• Judge agrees with recommendation and it is so ordered.
13. April 2005 – Both boys revert back to the 50/50 weekly shared custody arrangement and begin to see their respective therapists.
14. May 2005 to March 2007 – Father continues to make unilateral decisions regarding boys
• Usurp the Mother’s parental rights
• Alienate the boys against their Mother.
• Special master continues to mediate unresolved issues.
• Older child becomes fed up, refuses to live with Father due to his treatment in that household
• Older child decides to reside solely with his Mother.
15. April 2007 – Without cause or explanation
• Younger child’s therapist makes recommendation that Father retain temporary custody of him.
• Special master makes temporary recommendation to once again separate the boys
• Special Master also replaces older child’s therapist
• Special Master orders co-parenting therapy
16. May 2007 – Younger child lies to therapist about Mother.
• Therapist subsequently makes decisions based on those lies
• Later upon realization of her mistake, makes no attempt to rekindle credibility of Mother for child.
17. July 2007 – Special master is forced
• To dismiss family therapist due to Father’s refusal to cooperate with her requests.
• To file a recommendation with the court for custody re-evaluation and provides 6 names for evaluator prospects.
18. August 2007 – Judge agrees and orders another 730 custody evaluation.
19. September 2007 – Mother retains counsel.
20. August 2007 to November 2007 – Father retains counsel
• Attempts to stall evaluation by refusing all 6 evaluators recommended by special master
• Tentatively agrees upon a different evaluator
• Files for a hearing to appoint minor’s counsel
21. January 2008 – During the hearing Commissioner
• Denies motion to appoint minor’s counsel
• Orders parties to proceed with evaluation immediately.
• Father’s attorney continues to be unavailable in conferencing with Mother’s attorney and the appointed evaluator so there is a two week delay.
22. February 2008 – Evaluator makes contact and sets up appointments
• Subsequently delayed further due to Father’s business travel
• Father and his attorney’s delay in providing the evaluator’s requested documentation.
• Other than in the presence of his counselor, Mother has not seen younger child for 11 months.

 

Question:

Why is the commissioner allowing lack of cooperation to induce significant delays; trauma to the kids and higher costs?