This is good news for domestic violence advocates and victims. But you have to ask the question, “Why is this rare?”
Why is it so common to allow judges to ignore domestic violence and other forms of control and abuse?
Much more follow up is needed here. We also need further investigation into why innocent parents are set up to fail using false allegations of abuse. Either way, dishonesty and perjury cause the children to be failed and caused more stress.
Excerpt:
“The North Dakota Supreme Court in January took the rare step of removing a South Central District Court judge from a child custody case.
The justices, in their Jan. 22 opinion, ordered that Judge Cynthia Feland be removed from a custody and child support case in McLean County between Nicholas Law and Danielle Whittet.
“A change of judge is ordered upon remand because of Judge Feland’s inability or unwillingness to follow our mandate, and out of concern for the tumult from and cost of litigation,” the justices wrote in a unanimous opinion signed by Justice Daniel Crothers.
The Supreme Court in 2014 ordered Feland to grant primary custody to Law and limit custody for Whittet, after Whittet [father] had been convicted for disorderly conduct and preventing arrest.
“In determining a parenting time schedule for Whittet, the court must bear in mind the presumption that any domestic violence, even if not directed at the child, negatively affects the best interests of the child. Accordingly, the court should consider limited parenting time for Whittet,” the Supreme Court wrote at the time.
Instead, Feland awarded Law primary custody of the child but maintained that Whittet would have custody of the child every other week.
The Jan. 22 opinion held that Feland had not given Law primary custody in name only because the actual custody arrangement had not changed.
The justices ordered that the case be remanded for further proceedings under a different judge.”
http://bismarcktribune.com/news/local/crime-and-courts/n-d-supreme-court-removes-judge-from-custody-case/article_1e441522-d7d4-503c-a399-fa1adf646c54.html
In Georgia, we ask the Judicial Qualifications Commission to take a closer look at why so many judges are leaving exposed the victims of family violence and their children.
