I want the judge removed in my NY divorce case. At the onset of the case, he issued an order, including but not limited to a prohibition that our daughter could not be relocated.My wife has temporary physical custody pending the outcome of the divorce. My wife and daughter's address is confidential. Suspecting that she WAS relocated because I haven't see her in a year, (it's complicated, but not the issue here; just a reason for me to believe she's been moved) I filed an Order To Show Cause, asking that she be sent back to live with her mother. The judge is incompetent; he denied it, stating that the address is confidential! This relocation has absolutely nothing to do with confidentiality; I just want things to be returned to the way they were before. Not only that, but he he issued decisions, contradictory to his own orders, calls me the defendant when I'm the plaintiff,and makes reference to my lawyer, even though I've never had one and have always appeared before him without one, and calls my wife's atty by a different name.1)Any thoughts? 2)Does the divorce same judge preside over the recusal hearing?

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Originally Posted by JudgeJuryExecut

... Not only that, but he he issued decisions, contradictory to his own orders, calls me the defendant when I'm the plaintiff,and makes reference to my lawyer, even though I've never had one and have always appeared before him without one, and calls my wife's atty by a different name.1)Any thoughts? ...

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Judges hear thousands of cases in a year. It is not surprising that he cannot remember those details. If it matters, it would be your (or your attorney's, if you had one) duty to remind him.

The only possible reason that I can see that a court would allow the address of the one party in a divorce to be confidential, is if the that party was in danger from the other party. If there is another reason, feel free to correct me.

Given that I can see where the judge might err on the side of keeping your ex and daughter safe.

Recuse means to remove oneself from a case. Usually due to a conflict of interest that might cause bias. I don't see enough here to force the judge to recuse himself. If you want a new judge due to your perceived incompetence, then you need to assemble proof of that incompetence and present it to the chief judge of the court and ask that the judge be replaced.

But be VERY cautious about this. Because if you can't prove your case for incompetence, you will have further antagonized the judge.

Yes, the only reason to keep the address secret is if you were found to be a danger to them. Also a reason why you did not have any court ordered visits. So it is very likely the court if this is the case has a dislike for you and is ruling against you for those reasons.

But you will never get any of that done without an attorney.

This is not about confidentiality or danger, perceived or real. Where did I state that
I do not have any court ordered visits? It's about my child being moved in violation of the judge's order plain and simple and him not following through . Are you the judge in my case, masquerading as Fr Chuck?

No we review and read your question that you post. We question each sentence trying to get to the truth of your real question. That is what law does.

We use normal and basic rulings ( although they do differ wildly at times in some courts) We apply those to your question and ask you to supply more info. We also have to assume info you do not supply.

If the judge has already ruled, you can not ask them to recuse for past rulings, you have to appeal those rulings on legal grounds, not following state law, bias if you can prove it.

Appeals or trying to get a judge to recuse themselves for a future hearing, will require an attorney.

If the court has ordered the location of a child be secret, it stops your visits so yes that is what you are saying.

If you want help, give the real story.

What is the matter with you people out there? What is it about the judge issuing an order stating my daughter CANNOT BE MOVED that you don't understand? I don't know where they live, don't want to know, and my wife didn't state that I know. It's not like she found out and had to move. Are you identical twins born to different parents? Where did I say that she was my "ex"? Why should I have to remind him of all of these things? What about the remaineder of the stuff in his head that I know nothing about? If he can't get the basics right when the freakin' papers are in front of him, then how can he make informed decisions regarding this case? If he can't keep his facts straight, why should I be responsible?

As Chuck said, we read what YOU tell us and compare that to our knowledge and experience with the law. So when you tell us your wife and daughter's address is kept from you and haven't seen her in a year, then the only thing we can assume is the court was trying to protect them. And the only one to protect them from is you.

Again, if we are wrong then explain further.

But the advice still stands. You need to go to the chief judge to complain about his rulings.

You know what happens when you assume? You make an "***" out of "u" and "me". I stated the address is confidential and it has nothing to do with anything. Are you stating that she can take the child even out of the country and that I may never see her again? There's a reason for her not being moved;because he expects me to be a part of her life, as he does with all divorces involving minor children. Part of his (standard) orders includes not taking your spouse off the insurance policies, not purposely entering into debt, not buying extravagant unnecessary things... Where does it state that I can't have a judge recused for past rulings? Isn't that the way it works, i.e, he did "x" and "y" against me in the past, and I'm afraid he's going to do "z" in the future based upon his erratic behavior.Isn't past behavior thought to be a "hint" of future behavior? Maybe that's why a lot of prisoners aren't paroled, because their past behavior might be indicative of the future.How can I possibly make a case against a judge, or anyone else for that matter, without examining past behavior? Where does it state that I need a lawyer? Where does it state that if the location is secret, it stops my visits? Have you never heard of agencies that handle these matters or individuals who are part of the Supervised Visitation Network, who arrange supervised visits in their offices? What qualifies you as experts?

Yes I know what they say about assume. But it comes with the territory here. People post questions here without giving all the details we need, so we have to make assumptions. Did you not read what both Chuck and I told you?

And no, I'm not saying that your ex can take your child out of the country. I didn't even come close to saying that. And yes, I'm aware of what judges decree as SOP. Which is why I find keeping their address as confidential so unusual.

And what we have said is that a judge generally recuses themselves because of a conflict of interest. If you want a judge removed from your case, you have to go to the chief judge and prove his rulings have been biased or incompetent. It would help if you try reading what we have advised, I think we have been pretty clear.

And I notice you still haven't explained the confidential address. Though you do seem to be admitting you have supervised visits, which also jives with what we have said.

Did it ever occur to you that the court knows their address. And that whatever that address is satisfies the court which is why they have ignored you on this issue?

"We read what you tell us?" In the 3rd sentence I stated "...pending the outcome of the divorce", and because you "READ", you refer to her as my "ex". Does it say "STUPID" on my forehead? Have you ever sat on a jury involving a criminal trial? Do you also "assume" facts not in evidence? I hope you haven't sent any "innocent" defendants to jail or worse, based upon your assumptions, they have been sentenced to death. It's because of people like you that I'm vehemently against the death penalty.

You come here asking use for help. We provided that help. But since it wasn't what you wanted to hear you argue and insult us. Therefore this thread is closed.

So it's posted here:The address is confidential (again,it has nothing to do with the matter) because my wife obtained it from Family Court while I was hospitalized for a serious condition and could not leave. With my social worker by my side, she made a call to the judge's chambers, explaining the situation, and was reassured that the hearing would be adjourned. Imagine my shock when 2 NYPD officers showed up at my door with the Order of Protection!Anyway, I decided not to fight it, because I had no desire to find out their addresses, and even if I did, I am prohibited from getting within 250' of them, except for court appearances and supervised visits w/my daughter. The police were called by me on several occasions before she beat me up; I refused to press charges. A female officer responded once an was very perceptive, telling me that if she EVER lays a hand on me again, we'll have her arrested. She outweighs me by 50 lbs.The officer surprised me by coming by the following week to see HOW I WAS, not her! She even underwent court-ordered anger management classes. I was not so ordered. Judges like to err on the side of caution involving documented domestic violence cases. Unfortunately, many a wife has died with an Order of Protection in their hands. Can't fault the judiciary for this; "better safe than sorry."

So, after all your posturing and talk about assuming, we were right. The address is being kept confidential to protect them. Your claim appears to be that it was under false pretenses.

But the fact remains that the advice given was correct. So this thread will remain closed, though I've merged your latest post into it.

I will add, of course the court case went on, you don't have a social worker or anyone call the court, that does not stop anything, there has to be a actual motion filed in court to continue the case due to your health, Your attorney needed to have appeared. A social working calling means nothing.