Justices strike down Contra Costa family court rules

The oral testimony of witnesses given on direct examination is afforded significant weight at trial in ascertaining their credibility Jeffrey Elkins outside of the Peter L. Spinetta Family Law Center in Martinez. View Larger The California Supreme Court sided with a Danville man who sued Contra Costa County Superior Court saying that local ... via East Bay Business Times

[Cathie Black]

Unbelievable! Someone finally exposed the Contra Costa Family courts for their injustice, I need to know how do I tell my story! My 13 year old daughter was taken from meand given to her abusive father and step-mother after the mediator not the judge made the discission of who would be best suited to have custody, me her mother that was a single mother from birth and lived in a Hayward or her abusive father that never paid child support and saw her 2x a month from age 10-13 when he decided he didn't want to pay child support anymore and what better way than to make up a story of abuse that was found to be untrue by CPS!! It's a crime, the judges no longer make the decisions instead they leave it up to the mediator that spends all of 1/2 hour talking to you.Now my daughter 15 and about to start high scholl is left with a father that doesn't even know her or even cares to and a step-mother that is abusive. That is the real crime. The children caught in the red tape with no voice because as the judge told me a child has no right to speak in court system until they are 18! I will never give up and I am still fighting today to get her back.

[a difficult woman]

contra costa family court is an abhorrent dysfunctional abyss. It does more harm to parents and children than one can possibly imagine. It does not sanction attorneys for fraud, fabrication and misrepresentation. It fails drastically in making decisions on custody or property as the judges are ill-equipped to understand and make decisons in these areas. The court is rampant with abuses, and judges come in and out of family law to serve a short-term stint, or 'do their time.' Such is the level of esteem family law court is held in. Families would be better served resolving issues in a civil court where at least parents and children would be accorded the consisency and fairness of civil court rules and laws. The family law court of Martinez shoud be banished from existence as it does more harm than good, and causes enormouse suffering to parents and children.

[Hidden Identity]

I am going through the most horrific custody battle. My two very young children have been taken from me due to a very manipulative ex husband after he sexually molested our then 4 yr old daughter. He gained sole custody of both kids. I ended up somehow, with supervised visits. Our case has just been transfered from another jurisdiction to Contra Costa County. I hope I don't end up with more troubles in this county. My attorney tells me it will be better here and the judges are much more fair and willing to listen. I hope I don't end up having the same problems that you have written in about.
The courts are biased to men suddenly, protective of the abusive yet charming fathers, and hurtful and damaging to the kids and mom's these days. I cannot believe it's almost 2008 and things are like this. You would think things would have changed and be more "pro child".Now it's Pro abusive fathers! More power to you. I hardly think so.Well, bring it on, because I will take my abusive,scamming ex spouse down if it's the last thing I do.He's already lost the house! I will get my kids back next.
One pissed off mama.(Yes, I am angry and in control)

[Deadbeat Dad is FL attny]

My ex is a family law attorney in Contra Costa Co. who owes over $150,000 in back child and spousal support. He was arraigned (after 3 years)
but still practices in front of these very judges.
His clients don't even know. Cost me a fortune to get this far. As an officer of the court, he's in contempt of court and has been for 3 years. The State Bar hasn't suspended him, DCSS can't even get his driver's license suspended--they are so overloaded and understaffed they are almost worthless unless the offender gets a regular paycheck. It IS a woman-hating system.

[fj4 Activist - Bay Area]

Hi Cathy,

I am really sorry to hear that is happening to you. You are one of the few cases that I know where the court favored the father. It is usually the other way around. But, that doesn't mean that i am not sympatetic to you and your case.

I am a woman and an activist of the Fathers 4 Justice movement, and what that movement advocates is a 50/50 custody parental plan.

I think regardless of the kind of mothers and fathers that are out there, children should have the rights to spend the same amount of time with both of their parents, except when there is (proven) instances of abuse and violence against the children.

Unfortunately, the system works in a way that makes parents go back to court over and over again. This is what I call the divorce business. Everyone out there is hand out to get money from you and your ex.

So, if you are an advocate of the 50/50 custody arrangement, why don't you join our organization?
We need to be supportive of each other for there to be a change in the law system.

Obviously, you don't have to be a man to join in.

To find more information about what we do, please visit:
http://www.f4j.us

or send me an email at [e-mail]

Thank you!

fj4 Activist

[WRITEspeakup]

I suggest that you write a 1 1/2 page letter with exhibits to several 'persons' who are most interested in the treatment of litigants that are currently being held 'as criminal's' by the system that should protect, in Contra Costa County. Try going to the top and work your way down. Make sure to state that hundreds of people have become a victim of this court, by their judges, commissioners, favortism of court appointed therapists, 730 experts, mediators, even the transcriber, clerks, etc... CC a copy to the judge you are currently seeing, and the Presiding Judge of the two year term...

[Kenya Autie]

Hello - Please contact me at [e-mail] to talk about this. Thank you!

WRITEspeakup wrote:

I suggest that you write a 1 1/2 page letter with exhibits to several 'persons' who are most interested in the treatment of litigants that are currently being held 'as criminal's' by the system that should protect, in Contra Costa County. Try going to the top and work your way down. Make sure to state that hundreds of people have become a victim of this court, by their judges, commissioners, favortism of court appointed therapists, 730 experts, mediators, even the transcriber, clerks, etc... CC a copy to the judge you are currently seeing, and the Presiding Judge of the two year term...

[courtofcriminals]

I was in this court for several years. This was mostly because of the impossibly talentless skill-less greed of our then Judge Mrs. Berkow. I saw many cases in my time, most of the time Contra Costa had the Father in poverty and Mom making incredible demand against him. Most were granted by this Berkow broad. I am sorry to see you had problems as a Mother. I believe you are telling the truth. My experience in this court was the law was not being followed and the Father was being attacked by the court.

[Deadbeat Mom]

California women and their advocates from all over the US (and outside the US) are being given a remarkable opportunity to share our stories about how the broken Family Courts have impacted our lives and the lives of our children, and we are writing now to urge you to please join us in submitting written testimony to the California Commission on the Status of Women.
The California Commission on the Status of Women is currently in the process of developing their legislative agenda for the upcoming session and have requested written testimony from the public, including recommendations for legislative and administrative action, to help guide their process.
The Center for Judicial Excellence, California Protective Parents Assn and CA NOW have been working with the California Commission on the Status of Women on the family court audit effort here in CA- and they are true allies in our efforts to fix the problems in the family courts. The Commission staff has also specifically asked us to solicit testimony from all over the US- from anyone who wants to chime in and be heard by a sympathetic governmental body.
A strong showing from our supporters providing written testimony about family court issues will give the Commission added impetus to prioritize their work with us on family court reforms in the coming year.
Testimony can be submitted via email through [e-mail] and should address the most important issues impacting women and girls. Testimony should also include recommendations for action by the State of California. CJE and our colleagues have developed a list of recommendations on how the State of CA might fix the problems that plague our Family Courts, so please let us know if you want to see these recommendations, and we will be happy to share a solution with anyone who is willing to testify. I know that members of this listserv are chock full of great fixes to the family court nightmare, so here's a chance to share your best thinking with a Commission that might actually do something about it!
Again, CJE would be happy to assist anyone who wants help preparing their testimony. To get help preparing your testimony, please contact Steve at Kathleen Russell Agency, San Francisco.
Here are the logistics.
Please submit your written testimony no later than Wednesday, July 23, 2008.
Testimony can be submitted by email to: [e-mail]
or mailed to:
California Commission on the Status of Women
ATTN: Public Testimony
1303 J Street, Suite 400
Sacramento, CA 95814

[deadbeat mom again]

be sure to post your stories at

change.gov/page/s/yourstory

and keep an eye on The Elkins Task Force.

Contra Costa Family Court needs BIG changes!

[deadbeat mom]

Research the ELKINS TASK FORCE.

Someone is FINALLY addressing the problems within the California Family Court system.

They recently took testimonies in San Francisco.

[I raised the kids]

Contra Costa is most unjust to the children who have the misfortune of being put in the position where courts have to make parents accept the responsibility for supporting their children. It is abhorant that so many parents want to punish each other financially and the children lose out in the process. In 1987 my step-daughters were removed from their mother's home (they were 8 and 10 at the time). In those 21 years, there were only 4 short periods of payments and the judges and courts have not been very helpful. The arrears now sit at almost $125,000. Oh, I made sure that they had a homelife, strong values, integrity, and educations - though Contra Costa gave me no parental rights to either child. So, in essence, the kids were victimized twice - by mom and by the courts. It saddens me that children in Contra Costa don't stand a chance with the family courts and judges who will not inforce the state of federal laws dealing with child support. All children deserve justice and for those who end up in family court, Contra Costa seems like an unlikely place for them to find it.

[Justice for ALL]

The mediation process is a HUGE joke. Most of the mediators can't even transcribe discussion notes correctly or misstate things that were agreed to in the mediation session. Many of the mediators are prejudiced and appear to side with the mother. I have recommended that all mediation sessions be recorded so that NOTHING can be misquoted. In one example, the mediator was trying to reinstate the daughter's visits to her mother who had just kidnapped the child. The judge hard to order the mother to release her back to her father and they were to set up supervised visitation for 3 months for the mother who is mentally ill. After court, the couple was told to go through mediation and the mediator told the father that regular unsupervised visitations were to resume as normal. Obviously the mediator had not read the judge's order. This seems to be the norm with most mediators. I have only heard of one good one. The courts should record all conversations and review and supervise its incompetent mediators. These people have too much say in the outcome of people's lives and no one seems to care. It's a joke. The judges are also a joke. Allowing people to continue to file motion upon motion when they don't get what they want and then making hte other party pay for their court costs when they can't afford to pay their own way although THEY are the one filing the continual motions. California law is a law for the greedy and incompetent. It is unjust and has harmed more than it has done good. I guess this is one way for them to make money.