Saturday, February 22, 2014

Child Custody - An appeal to Maine's Supreme Court: Dalton Vs. Dalton CUM-13-521

It isn’t often that most people have a chance to read an actual divorce and custody story that is being appealed to Maine’s Supreme Court, as we write this. Child custody appeals are relatively rare. Most people, who might wish to appeal, are intimidated by the process; many are discouraged by lawyers, who don’t wish to offend a lower court judge by asking a higher court to intervene and correct a decision. Then, there is the huge amount of work involved and the not inconsiderable expense.

The process starts with a heartfelt disagreement with a lower court judgment and with the handling of the law in that court. It requires courage to challenge a family court judgment. It also always embodies a determined love of one’s child (children). In effect the appellant is very publicly saying - but in polite legal language - to the court, “You are dead wrong! Your judgment is not only unfair but badly arrived at. The tools you are using and the reasoning process are seriously defective!  I strongly protest!” How a skilled attorney approaches this problem and chooses the most important issues out of a welter of possible “plots, subplots and very involved stories” is a matter of legal judgment. Most of us, as parents and family would get lost in a morass of the details that go into a custody fight. The enclosed brief of this particular case demonstrates the vitally necessary partnership between lawyer and client. It is a union of “heart and courage” and ”head” - the level, focused intellectual crafting of the case essentials by a lawyer. It will be, I guarantee you, a most interesting and informative “read”.

We’ve been hearing from family members some of the unbelievable details of this case, Dalton vs Dalton, for just over a year. We have held our breath each time there has been a court hearing, hoping for fairness, for a reasonable turn of events, for a review of hard facts and for correction of a frightening nightmare of misperception being acted out in court. But the process seemed only to get worse as time went on. The extreme and inaccurate views of the court and a Guardian ad litem have, unfortunately, become ever more rigidly entrenched. Hence, the difficult decision to appeal.

We have to say, in no way to diminish this very troubling case, that from our experience with many other friends, the clumsy handling of this case in this court is, unfortunately, by no means unique. This case is a poster child for other very similar cases, and it is an urgent clarion call for urgently needed Family Court Reform in Maine. Like most Family Courts in America today, Maine’s courts are in the views of many, badly broken, dysfunctional and urgently in need of reconceptualization and reconstruction. They have lost their moorings in the law, and they are cruelly hurting many of the families and children that they are supposed to serve.

Please, read the enclosed pdf with the details of the Supreme Court Appeal and see what you think.  By all means, share it with friends and legal professionals.  Ask the questions: “Is this how our courts should function?  Is this your image of what you would expect from a court in a democratic society?”

Finally, who is in charge, where’s the oversight?

For more information please contact MeGALalert@gmail.com or find us on Facebook

  • for a copy of the brief that has hyperlinks to the referenced cases - please click here:  2014-02-23 Dalton V Dalton - ME Supreme Court Brief. This pdf will have to be downloaded in order for the links to function. 
  • The Maine Guardian ad litem Institute (MEGALI) the trade organization for Guardians ad litem will be submitting an amicus brief. The request may be found here (MEGALI). 
  • The response back from the court on the amicus brief (MEGALI).







29 comments:

  1. While this is long - there is a lot of worth while data contained within. Read!

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  2. It is interesting to see that the "Hon." Jeffrey Moskowitz is mentioned in this appeal. Here is a judge that should have been removed a long time ago (unfortunately judges cannot be removed but must serve their time). This guy has hurt a lot of people.

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    1. Judges can be removed...IF men weren't such lazy, sissy cowards and wanted to help volunteer for a lawyer and/or campaign with him/her when they run against a corrupt judge.

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  3. I read the brief in its entirety and the same names keep popping up: Judge Moskowitz, Susan Wiggon, Michael Asen...all the usual suspects. I pray for justice for Sarah and will be watching this case very closely.

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    1. Thank you for the comment - almost three years ago we started keeping track of judges, GALs and lawyers that kept showing up in cases that had problems. The three mentioned all show up on the list multiple times.

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    2. msms....my case is classic abuse of the justice system...my case is absolutely illegal in every way. Now, prejudgement, post GALment; my family destroyed, my younger son is with abusive (proven) dad, and I cant see him because GAL involved unethical associates and they all lied and ordered "supervised visits"; and I cannot, despite adequate resources find an attorney who will represent me in this matter. I need to clear the wreckage done by the court, yet I cant even appear in court. I am certainly not going to subject myself to more illegal abuse of the system, and its illegal for the court to force me to appear pro se. I know any ethical professional in the legal field would be ashamed to be associated with such reckless negligence with such obvious documented damages....Tort, is a four letter word...I have my case on digital file now-700 documents not including all emails and all audio of all calls, meetings, etc....any advice on where to seek justice...ive spent every waking moment trying to find/work with lawyers....only to lose more time, money, and patience. Meanwhile, my son is in imminent danger.....justice in the court is an oxymoron.

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  4. Judge Patricia Worth has ruined many lives inthe Rockland & Belfast courts. Why isnt there any accountibility for judges behaviors?

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    1. Hon. Andre G. Janelle

      Hon. Jeffrey Moskowitz

      Hon. Patricia G. Worth

      As well as a judge in Augusta (whose name escapes me at this time). Are Judges that show up over and over on the list that has been maintained over the past two years.

      Thank you for the comment

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    2. Because lazy, soft, feminine men are sitting back and crying, "Where is the person that's gonna rescue us from judges." It's YOU. WE need to DO SOMETHING about this and stop waiting for a REAL MAN a Knight in Shining Armour to save our cowardly selves. Time for men to man up! Grow a pair.

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    3. I understand your point J.C; however, in order to fight the corruption, you first need to know it exists. Most people do not follow through with independent thoughts. Personally, as an honorable,(see:NAIVE) righteous person, I did not know corruption on this level existed. I knew people were not all ethical, but to believe an entire system is corrupt, was a learning curve. Ive learned to forgive those who dont know what I myself did not know initially. So, agreed, we have to unite, and fight the corruption...we need to educate the masses.
      I have read about over 2 million families nationwide effected by corrupt justice. Its far more reaching than most epidemics...its a genocide...family genocide...via emotional terrorism...and, it must be stopped. Who knows the laws re: what can be provided on the info board at family courts? We should hand out flyers....or something...i feel guilty that families are just beginning this travesty....im open to ideas..

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    4. meplustwo - there are many in high places within government who understand that there is a level of corruption within the various courts. To bring about change though is going to be a numbers game. Right now the divorce industry has the numbers behind it. The consumer does not - yet. The result is that the divorce industry can go about its way with out fear or repercussions for their actions. Consumers/parents though are having an impact on their lives and things will change - patience.

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  5. Yes she has, I know this first hand. I knew I was not the only one.

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    1. While Hon. Patricia G. Worth may have ruined many lives - if she has truely done wrong - it will come back to haunt her. As parents become more educated, informed and organized her ability to cause discontent will be limited. Judge Ralph Tucker was essentially removed for failing in his role as a judge and for doing many of the same things that Hon. Patricia G. Worth has done.

      Thank you for the comment.

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    2. This comment has been removed by the author.

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    3. Judge Patricia worth is a terrible judge and ruins everything!

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    4. Judge Patricia worth is a terrible judge and ruins everything!

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    5. Judge Patricia worth is a terrible judge! She ruinsaid everything!

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  6. This is disgusting. While I have absolutely no respect for Judge Moskowitz, he appears to have become even more power driven in his delusions and bias.

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    1. Thank you for the comment - the "Hon." Jeffrey Moskowitz has a background in the drug courts and it would appear he brings the same sensitivity displayed there to the Family Courts. There are lots of problems with this Judge.

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  7. Like Meplustwo, as an honorable (NAIVE) person, learning that the entire system was corrupt was more than a sharp learning curve for me. It was a complete loss in my fundamental belief in justice "for all". This was no small death to reconcile. I have no faith in justice anymore. When I have tried to explain this to people who haven't had any experience with the family courts, many have reacted in total disbelief and sometimes anger, simply refusing to believe the truth I have been witness to, time and time again. Nobody wants to believe that a miscarriage of justice could happen to them. I certainly didn't. This epidemic is a scourge on our state and nation.

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    1. Thank you MsMs - I was the same as you and many who enter the court system. I trusted that the system would do the right thing. There were times when I thought I was going crazy because of what was happening - it made no sense.

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  8. I have had the opposite experience with Judge Moskowitz--found him to be fair, thoughtful and reasonable. He did not agree with my request in all respects but came up with a middle-ground solution that is working well for me and my ex and our kids. My divorce support group has several others who had a similar positive experience with this judge, and with other Portland judges. Just want to provide a contrasting viewpoint, which I actually think is more representative than many on this blog.

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    1. Thank you for the comment - with the results that have been received your experience with Moskowitz is an exception rather than the rule. I am glad that it is working out for you. For Sarah Dalton the GAL and the judge have not worked.

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  9. Who hears the children?

    From the mouth of a very intelligent 8 year old little girl.

    Daddy, I want to see you more.
    Daddy, I do not like it when Mommy screams at me and tells me she is going to hit me.
    Daddy, I do not like it when Mommy makes fun of me.
    Daddy, I do not like it when Mommy and Grandma keep asking me what I do when I am with you.
    Daddy, I do not like it when Mommy and Grandma keep asking all these things about your house.
    Daddy, I do not like it when Mommy talks bad about you.
    Daddy, Mommy scares me when she screams at me.
    Daddy, I want to live with you. When will they let me live with you Daddy?

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    1. Charlie - where in this brief does it refer to comments made by Madison? Or are you referring to something in the Bixby brief?

      Who hears the child? That is supposed to be the GAL in any contested custody case. The GAL is supposed to investigate the situation and present a balanced report. In this case though it appears that a one-sided report was presented.

      Thanks for the comment.

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  10. I just googled this corrupt Judge that ruled against my claim. I crawled here from the corrupt court Judge Fred Keiser ( I was his last divorce before he got removed from the bench) corrupt Guardian ad Litem Dr. Rosenbaum, on and on it went. The more I proved and told, the closer I was coming to losing my kids. Ex has Borderline Personality Disorder. Years after divorce, the window cracked open and I jumped. Belfast or bust. Belfast IS beyond corrupt. www.boycottbelfast.blogspot.com is just one of my blogs. Get me out of here!!! Here is the link to small claims last Friday and Judge Worthless http://boycottbelfast.blogspot.com/p/j.html

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  11. Again I got Worthless on 12/18/2015- robbing me of 6k in small claims open and shut. Exposing her and hubbie John Worth III- Maine Maritime Castine power, walks on water from Belfast to Castine and beyond. I protested outside Belfast District Court on 1/22/2016 after getting her decision on 1/21/2016 for all to read of Belfast Queen and Kingpin Worth (less) and the 1% rest. Posted on my you tube channel for Belfast Corruption https://youtu.be/jwmOw8-icH4?list=PLQ6aJhzv8r1HoMqA1XrPmB3l5amLnlKTA and my blog (on fire) www.boycottbelfast.blogspot.com. Worth was a fool to underestimate me. Worth losing the 6k because my abusive ex would have never paid me regardless of the ruling. Now I win. All support welcome and wanted to fight the illegal legally corrupt taking Maine, our lives,property and basic rights. laurieallen55@msn.com

    Laurie Allen
    Seaview Terror I mean Terrace
    Helfast I mean Belfast Maine

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  12. Andre Janelle is absolutely horrible. Explain why when I have my kids 50% of the time, my ex wife and I make the same income, I still have to pay her $336/week. I am convinced that judges do this for the Title 4-D kickback from the Feds. Also, my case sat for over two months without judgement and 3 days before the child support table was officially revised, lowering support tabulations, he signed the order. Tell me he wasn't going for the most support money possible.

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