I am involved in a divorce, my ex-wife took sole custody of our child (Jan 7th 2005).
1) Originally, she claimed that my house was unsafe and that I was tardy to daycare. I suspended the daycare records and filed a motion with the court showing she had lied about the time on every date listed in her complaint and that I was 10-15 minutes early on each.
2) I then filed a second motion showing that she had filed falsified and counterfeit bank records, while attempting to obtain property.
3) And I filed a motion to regain custody showing that I had purchased a brand new home, so that the original Final custodial order – which said that I would be held on professionally supervised visitation until I repaired my home – could be updated.
4) When all three of these motions had been dismissed, where I was never allowed to speak. I then filed an appeal to the issue of custody citing that I had met the requirements to a change in custody. Note: since I was not allowed to speak at the custody hearing not one word, the explanation of the new house was too vague. And her lawyer had my appellant arguments mentioning the new house stricken from the record. So I lost on the appeal.
5) I then filed my fifth motion seeking only reasonable visitation the commissioner stated that she was denying the motion, but ordering a mediation, a 730, and a trial, stating that at trial she would issue a final order. – But my ex-wife’s lawyer asked for five continuances, and then the commissioner that order the trial was replaced. The new commissioner Angel Bermudez, ordered a readiness hearing and then cancelled the trial, stating that I was not shown a significant change of circumstances.
At this point I had filed 5-mptions that had been denied. Therein I was declared a vexatious litigant. It is now Sept. 2015. I still remain on professionally supervised visitation at 6-hours a week. All of my motions and my appeals were all denied without being heard, because I was denied permission as a vexatious litigant.
I hired an attorney and filed motions with counsel, but the Hemet court says that even with an attorney I still need permission and they simply dismiss the motions without hearing them. I am not entitled to a hearing even with counsel as a vexatious litigant.
For almost 11-years now, I continue to pay for professionally supervised visitation, I pay $50 per hour to see my son, and while we visit he cries telling me that his mother gets drunk and punches on his face, he tells me that he has to keep it a secret because otherwise they will take him away and he doesn’t know where he would live. He asked me to help him (crying in front of the professional monitor). I have also found through child protective services that there have been 9-mandated CPS calls about abuse – less than half investigated with no results. My ex also enjoys using Facebook, she post funny messages about how she was so drunk that she was hospitalized and how to talks her way out of DUIs.
Every once in a while my ex-wife has to renew her restraining order, so I get to say a few words in court. During the last renewal, Commissioner Angel Bermudez stated that he would allow my ex-wife to testify without considering truth, and that he would not allow a trial to dispute the evidence. My ex-wife testified that she needed to renew the restraining order because almost a year after I was placed on supervised visitation that she claims that I brought my son into her place of business and that I tortured him in front of her. That she scram in terror and that police hunted me down. She also said that she left the police report at home. – Here I tried to explain to Bermudez that I was on professional supervised visitation at the time of the alleged assault and that the CLETS restraining order was in place at the time of the alleged assault. That I had a police clearance showing that I had never been arrested. I repeatedly asked for a trail so that I could show that she never called the police and that I never saw my son (not once in that entire year). Making the whole story an impossibility. But the judge refused to allow me a trial because he told me that I didn’t have Right’s because I was a vexatious litigant. I tried to appeal, the appellate court refused to her the appeal because I was a vexatious litigant.
I have only been to court on one issue (my one divorce), I was found to be a vexatious litigant based upon 5-motions that were dismissed. And even with an attorney I am still not allowed a hearing without permission, and I have never been granted permission.