Examples of Civil Rights being ignored in New Jersey Courts

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GAVEL DIVORCEWe have been in touch with over 100 New Jersey Family Court litigants and reviewed filings and transcripts to discover the following examples of parents rights being violated in New Jersey.

  1. Custody changes are being made without plenary hearings (ability to face ones accuser, examine evidence, and or cross examine witnesses)
  2. Superior court judges (Judge Fitzpatrick, Judge Thomas Critchley) are making rulings on cases while the cases are under appeal. Notably when a case is appealed the trial judge loses jurisdiction to decide any issues that are subject of appeal, be it custody, property, or divorce issues that are being appealed.
    1. Judge Fitzpatrick did this in Styrm v. Styrm
    2. Judge Crichley recently did this in Ippolito v. Ippolito
  3. Custody is being changed for bizarre reasons see previous articles regarding Wallace v. Syphrett (Judge Fitzpatrick), where custody was changed because the father took his son to a doctor, and the doctor and a nurse agreed that the visit was validated.
  4. People are being threatened with incarceration for not paying support. See Ippolito v. Ippolito (morris / Sussex County) where Mr Ippolito was ordered to pay $55,000 per month in support and then denied the right to pay the support out of his retirement earnings. Mr. Ippolito was then ordered to come up with about $200,000 ab0ut 30 days even though he didn’t have it and he was retired. He is effectively being ordered back to work even though he was retired at the time his divorce started.
  5. Judge Marlene Ford has threatened to incarcerate Zia Shaihk for not paying support after he had paid support fees and legal fees of over $200,000 in a calendar year. He is impoverished now, and the judge then ordered his professional and drivers licenses suspended after she had ordered him incarcerated and he was released (without being able to pay the ordered support). Undoubtedly the new order will result in Mr Shaihk’s earnings decreasing and his ability to pay support in the future being decreased. These sort of orders disregard Mr. Shaihk’s actual ability to pay. In fact the entire support order is based on a theoretical income rather than Mr. Shaihk’s actual income. Undoubtedly he will be labeled a deadbeat dad, despite the fact that he does not have the money to pay what the court has ordered.
    1. Previously in Mr. Shaihk’s case he was removed from his home and restrained from seeing his children without ever being present for the hearing about civil restraints. Notably his wife’s domestic violence claims were unsubstantiated and dismissed… afterwords the Judge took a short cut

We could go on for pages with examples of the stories and files we’ve reviewed, but the above should be sufficient to create public concern that parents are losing property, children, and liberties without the appearance of fair trials in New Jersey.

One would hope the court itself will start to take notice of these issues and figure out a way to ensure that Family Court actually resolves issues in a legally palatable manner. If the court fails to fix these sort of issues then not only will the people of New Jersey suffer, but the court as an institution will diminish its own integrity.

Among the parents we’ve spoken with there is real tangible fear and loathing with regard to the New Jersey Courts. We are nearing a point where parents have very good reason to fear that their rights will be violated with impunity in New Jersey Courts.

 

 

 

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2 thoughts on “Examples of Civil Rights being ignored in New Jersey Courts

  1. This may be the most absolutely shocking TRUE account of NJ Family Court negligence and abuse that you will ever hear. What makes it so horrific and disgusting is that everything happened exactly as I describe below!

    I live in Maryland now. 23 years ago my ex-girlfriend gave birth to my daughter. I was notified by a social worker that CPS (DYFS in NJ) would be called on her. I was literally handed my baby daughter by the police and the ex-girlfriend went to jail for 3 weeks before being committed to a psychiatric facility. (the criminal charges were dropped against her). My daughter’s maternal grandparents were watching my daughter. (I lived about 3.5 miles away). They lived in a town named West Caldwell. I lived in Montclair, I was called to Jury Duty on a CAPITAL MURDER CASE in Newark, NJ.

    My daughter’s maternal grandparents (now deceased) signed sworn court documentation denying any knowledge of my whereabouts while they cashed my checks and welcomed me into their home! They denied any and all knowledge of my whereabouts before a judge in a court room LITERALLY TWO BLOCKS away from the very courthouse where I was serving on Jury Duty! Later, they took my daughter to Florida and cleverly and deviously sued me for child support. I had no idea my child was ever given away and was under the mistaken impression that I was a custodial parent. In any event, I was never served any papers whatsoever about any custody hearings, while I actively assisted the State of NJ as an Essex County Juror in RENDERING A CAPITAL MURDER VERDICT against an accused murderer!!!

    The family court tried to make excuses about never contacting me! They tried to defend themselves saying they had no idea I was the father of a daughter named “(name withheld)”. I then showed them a document with their own letterhead acknowledging my fatherhood of this child. I also showed them a DYFS document stating that I would be held accountable as the baby’s father if she were left alone with her mom for any reason! By the way, DYFS is in the same court building where family court judges hear cases. Why wasn’t the judge ever given a copy of DYFS’ instructions to me??? Additionally, I lived a mere FIVE miles away or less from the “secret custody proceedings” at family court. No search was done to locate me, no motor vehicle, voter registration, utilities, telephone bills, etc…of course, the State of NJ had no problem locating me when I was served papers ordering me to report and subsequently serve on Jury Duty!! I wrote letter after letter after letter, some 2,000 letters in all! Finally, after 2 years, realizing that I would not writing stop these letters (especially to local television stations) I was summoned back to family court as a “courteousy to me” and all child support orders against me henceforth vacated. I never regained custody of my daughter because she lived in Florida and I was at that point almost flat out broke.

    I was diagnosed with cancer three years ago and have undergone some 6 cancer related surgeries to date as well as radiation therapy. I have suffered from post-traumatic stress disorder for years as a result of this incident and will never be the same. The only thing I remember the judge saying was that I should understand that the courts have so many cases before them, they did not know who I was…that is so patently absurd given the fact that the judge himself was in receipt of dozens of letters I sent to his chambers as well as his superiors. In fact, it was the Presiding Judge of the Family Court who finally saw what an outrageous violation of my rights had occurred. I never received an apology from that rotten state, (NJ) nor any restitution of any kind for the the inconceivable crime (which the State of NJ was a willing accomplice to) committed against my daughter and I.
    When the evidence I submitted to the family court indicated in no uncertain terms that my daughter’s maternal grandparents committed perjury, nothing was ever done to punish them. I remember that even the court clerks themselves were fuming when they saw the evidence I submitted. I can’t help but wonder if my daughter’s maternal grandparents were poor and black as opposed to white and wealthy what would have happened to them.

    You guys are right about one thing-the NJ Family Courts and Judges can destroy anyone they want to on a whim without any accountability whatsoever. It is absolutely shocking. I have cancer and need to concentrate on survival. My daughter is now a twenty-three year old adult woman. I would love to see you guys forward my TRUE story to the media in New Jersey. I tried years ago, but the media often cover for these scoundrels or have some vested interest in the corrupt NJ courts; I guess there must be (dirty) money-and lots of it involved. I will pray for all you innocent parents out there being destroyed by the EVIL NJ Family Court system. May God keep your children safe from real harm.

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