Uncertain judgeOften clients do not wish to settle in family law cases.  If a case does not settle, it goes to trial.  At trial the fate of your case is left up to the judge.  Clients should keep in mind that the judges have personal views which may and often do affect their decisions.

Here is an example of bias in favor of Mothers

Background: In a paternity case, Father does not have a criminal history, owns his home, has custody of his other children, and has a steady well-paying job.  Mother recently spent time in prison, is a recovering meth addict, does not have custody of her other children, works a minimum wage job, and has moved five times in two years.

In this case, Mother files for an emergency ex-parte (without the other party’s testimony) motion alleging that Father is threatening to take the minor child out of school and out of Maricopa County; however, Father neither threatened nor planned such acts.   Judge grants Mother’s ex-parte request by ordering child shall remain at current school and child shall not be taken outside Maricopa county/metro Phoenix.  As a result of the order Mother refused to allow Father parenting time with their child.  Father had to hire an attorney to defend Mother’s allegations and resume parenting time.

Two weeks after the order, without Father’s knowledge or consent, Mother removes the minor child from school and relocates to Pinal County.  Father files the same emergency motion requesting that Mother not take the minor child out of the school or out of Maricopa County.  The judge did not hear the case on an emergency basis and scheduled a hearing two weeks out requiring Mother’s appearance.  At the hearing on Father’s Motion, the Judge denies Father’s requests stating it would disrupt the relationship between Mother and child and leaves the child enrolled in a new school out of County.

SAME CASE, SAME FACTS, SAME JUDGE, SAME MONTH, DIFFERENT RULING FOR FATHER.

JUDICIAL BIAS? – YOU BE THE JUDGE