If a child dies as a direct result of a decision of the court, is it possible to sue

[FaithManor]

the judge?

 

A dear friend of mine just called to say that the family court judge ruled this morning that her stbxh (who has not spent more than three days out of the last 388 with their twin boys aged 3 and all of those visits were supervised by a court liason) can have the boys unsupervised one weekend per month and for four weeks each summer because he completed his court appointed counseling.

 

One of the boys has a seizure disorder and in addition to regular oral meds, there is a suppository med that has to be used if he has a seizure. Her stbxh was required by the court to see a nurse educator at the hospital this past Friday in order to learn about his son's medical condition, how to administer his meds, how to recognize that a seizure is happening, and what to do. He skipped the appointment. Her lawyer brought this up in court and the family court judge said she didn't think that was a big deal. "Just read the instructions on the bottle." :001_huh:

 

Since I couldn't go to the hearing for moral support because we've been sick here, dd went in my place. She said that it was all she could do to NOT stand up in court and call the judge an idiot! She's a paramedic so of all the things that burn her about this irresponsible man, failing to educate himself about his child's medical needs is the one that makes her go completely APE!

 

The Friend of the Court WAS NOT PLEASED, but the Guardian Ad Litem said he was perfectly comfortable with the "read the bottle" admonishment to the jerk father.

 

So, guess what???? The court allowed him to take the boys today after the hearing. He left without the child's meds, he will not return phone calls, and he did not indicate where he will be. She called her lawyer and the lawyer says she can't call the police or she will look "vindictive" and risk his getting even more visitation.

 

That child is less than an hour from needing a dose of med. Additionally, this worthless excuse of a father has no training in what to do if "D" has a seizure, doesn't have the suppository with him, and doesn't know how to use it anyway. Hopefully he'd be smart enough to recognize it before it was too late and call 911. But, we have our doubts. This little boy nearly died this past winter and was hospitalized for 14 days. The jerk never came to see his child even one time. His words were (he said this to the Friend of the Court), "I'm not good with medical things."

 

Is it possible to sue a judge for wrongful death or permanent injury?

 

Staggers the imagination!:confused::confused::confused:

 

Faith

[MeaganS]

I don't know about your question, but what a horrible situation. I would be so worried. :grouphug:

[goldberry]

I'm so sorry...this is not the first time I have heard of this type of thing. No answers but :grouphug: and prayers for the children.

[Tammyla]

:iagree: :grouphug::grouphug::grouphug:

 

I don't know about your question, but what a horrible situation. I would be so worried. :grouphug:

 

I'm so sorry...this is not the first time I have heard of this type of thing. No answers but :grouphug: and prayers for the children.

[ChristusG]

Oh my gosh, your poor friend....she must be out of her mind with worry. I can't believe a judge would just dismiss his medical condition like that. That's just plain crazy!!

[mommaduck]

Can she attempt to go to his residence to deliver the medication and even administer it herself this time? If she goes and he's still not able to be located, then I would call the police anyhow and explain the situation and concern for this boy to get his meds.

[goldberry]

Could your friend call child services, since the dad's actions of not taking the kid's medication shows he specifically does not intend to give the medication that has been prescribed by the doctor?

[Whereneverever]

Could your friend call child services, since the dad's actions of not taking the kid's medication shows he specifically does not intend to give the medication that has been prescribed by the doctor?

:iagree:

[momma2three]

I would call CPS and say that you know that a child is not getting appropriate medical care. I would do it right now.

[wy_kid_wrangler04]

Is there anyway to get the doctor to get ahold of the court with the severity of the situation? Judges are known to dismiss mothers as overly protective :glare: but if there is a concern that this child could die SOMEBODY needs to listen!!

[TCB]

I don't know if it is possible to sue the judge but it should be! We have a family member in a somewhat similar situation and the anxiety for the poor mother is terrible. Surely a judge can be held accountable for a stupid, horrible decision. In England, and I would imagine the US too, social workers are certainly held responsible so it seems logical to me that a judge should be too.

[Jennifer3141]

Faith, I am so sorry for your friend. I have no advice other than calling the police and/or CPS. At this point, who CARES if she looks "vindictive?"

 

And we have some complete morons for judges in our state, unfortunately. :(

[thescrappyhomeschooler]

 

And we have some complete morons for judges in our state, unfortunately. :(

 

:iagree: Wow. I've seen some idiot judges in action (my uncle being one of them), and this ranks near the top! The guardian ad litum was okay with it? Ugh! I'd be freaking out.

 

Not that I want the kid to have a seizure, but maybe the jerk father needs to experience one up close and personal to get the message. Your poor friend.:grouphug:

[wapiti]

No, the judge could not be sued. The stbxh (whatever that stands for), the person with direct responsibility to care for the child, would be the liable person.

 

I think calling CPS would make sense - maybe they could pay a visit, or at least create a record that the guy took the kids without the meds.

Edited September 26, 2011 by wapiti

[laundrycrisis]

Faith, I am so sorry for your friend. I have no advice other than calling the police and/or CPS. At this point, who CARES if she looks "vindictive?"

 

Exactly. I think the lawyer is an idiot for being concerned about appearances. I would call the police and explain there is a potential life threatening medical emergency if this child does not get the meds that the father refused to take. I would also find a new lawyer, today.

[MelissaMinNC]

:grouphug: and prayers for your friend and her kids. I hope the meds have somehow been delivered and that everything is fine.

 

I really pray that child doesn't have a seizure. Your poor friend, I would be frantic with worry.

 

:grouphug:

[Mona100]

No, the judge could not be sued. The stbxh (whatever that stands for), the person with direct responsibility to care for the child, would be the liable person.

 

I think calling CPS would make sense - maybe they could pay a visit, or at least create a record that the guy took the kids without the meds.

 

stbxh= soon to be ex husband

[Mommy22alyns]

Can she attempt to go to his residence to deliver the medication and even administer it herself this time? If she goes and he's still not able to be located, then I would call the police anyhow and explain the situation and concern for this boy to get his meds.

 

 

:iagree: I'm so sorry for your friend. How scary. :grouphug:

[Impish]

In.Sane.

[QuirkyKapers]

Yikes- I don't think the judge would be liable. The child is in the care of stbxh. it would be his responsiblity to have the meds. I don't understand how being concerned about a child needing meds or they are in a life threatening situation could be seen as vindictive:confused: What is the alternative? Is your friend suppossed to do nothing? That seems like crazy advice.....:grouphug:as you help your friend

[JennifersLost]

In all of these cases it is best to appear extremely calm and logical.

 

I would counsel her to send someone to his house with the medication at the time dosage is due to see if he is home and to administer it.

 

I would also have someone stay at her house with the medication in case he appears there.

 

If neither person can get the medication to the child, I would call up the non-emergency police on the dot of the time the meds are due and very calmly and rationally explain the situation.

 

I would record every detail of this and make sure both lawyer and judge end up with all the information when appropriate.

 

Then have her make sure she is available by phone and ready to go in case the ex calls/a seizure occurs, etc.

 

My heart is with you and your friend.

[Laurie4b]

Judges have full immunity. You cannot sue them--no matter how arrogant or stupid they are.

[EJCMom]

So, the dad came to pick the child up and the mom tried to hand him the medication, and he said...what? I would document all of that...

[Carol in Cal.]

The Friend of the Court WAS NOT PLEASED, but the Guardian Ad Litem said he was perfectly comfortable with the "read the bottle" admonishment to the jerk father.

 

So, guess what???? The court allowed him to take the boys today after the hearing. He left without the child's meds, he will not return phone calls, and he did not indicate where he will be. She called her lawyer and the lawyer says she can't call the police or she will look "vindictive" and risk his getting even more visitation.

 

Faith

 

If it were me, I would try to stay extremely calm (difficult, I know) and contact the GAL. The GAL is the equivalent of the lawyer for the child, and so passing on the meds to them would make some sense in this situation.

[FaithManor]

I try not to get all hot and shaky over stupid stuff on the internet but if this woman is your friend would you please dial the non emergent police number and hand the phone to her? The advice she was given (essentially forget your kid's medical well being in case you look like a B*****) is inexcusable and upsetting beyond all consideration.

 

Talking about the idiot judge can be reserved for once the kid is in a stable situation healthwise.

 

 

She called. She defied the lawyer and called the police. Their reponse was that "this is a domestic dispute/ie. custody battle and we do not get involved". Apparently they do not believe her when she says her son needs his meds.

 

The stxh is staying in a motel because he is from out-of-town. He has not been forced to disclose his location.

 

But, the absolutely wonderful news is that both of her little boys, who really do not have any relationship with their dad, were pretty upset about having to go with him and cried the whole time he had them. He ended up bringing them back to her "because they are brats". This was only two hrs. post doseage time and he hadn't had a seizure. Our pastor and his wife were there comforting her so the additional good news is that they witnessed his return of the boys, his lack of care when she told him that their son could have been injured from going off his med schedule, and his "they are brats" comment. Me thinks that could be valuable the next time there is a hearing. She also managed to contact the Friend of the Court and the Guardian Ad Litem. The GAL could have cared less. Whoever this person is, he's a jerk. But, the FC was livid. Absolutely livid and said she was documenting the whole thing.

 

Now, to just get the name of the police officer who didn't think it was a big deal. There is someone whose sergeant needs to read the riot act!

 

I am every so relieved that the children are okay. I'm furious. Absolutely furious that the whole thing took place and I can't believe that the authorities did not care. However, I do think that a social worker for CPS might have cared if the call had gone that way. But again, I do know that courts have warned divorced spouses before that calling CPS on each other is "harassment". Sigh......so stupid that I could scream!

 

Again, just relieved he's okay and thrilled that they are sleeping at home tonight with mamma, grandma, and grandpa.

 

Thanks everyone. I sure wish it were possible to hold some of these public authorities accountable for their dangerous, flippant, decisions.

 

Faith

[FaithManor]

So, the dad came to pick the child up and the mom tried to hand him the medication, and he said...what? I would document all of that...

 

 

No, one of his meds was refrigerated because it's in a liquid form and she told him to wait while she went to get it. He had already strapped the one boy into his carseat and while she was in the kitchen getting it out, writing down some instructions, and putting it in a plastic baggie along with a measuring spoon (she had forgotten to write up the instructions ahead of time and think that is because she was so upset about the boys being allowed to go with him unsupervised) he grabbed his sick son, quickly strapped him in the car, and left. It's not kidnapping. It was his legal visitation.

 

She saw him pull out of the driveway and ran after the car but he wouldn't stop. Who knows what spin the idiot will put on that when it gets back to the court????? I'm sure he's an adept liar, most human pond scums generate BS quite efficiently.

 

See my other update. It did end okay for which we are eternally grateful.

 

Faith

[KRG]

So glad he brought them back home! What a different outcome tonight could have been!

[FaithManor]

OH, and I guess I shouldn't refer to him as stbxh any longer. The divorce was final last spring. He just completed his court appointed counseling and had requested unsupervised visitation.

 

What should I call him? I can think of a lot of things and not a single one of them is civil!!!!!!

 

Faith

[Mom-2-7]

So happy the boys are home and ok!

 

Maybe stbxh will no longer pursue visitation now.

[EJCMom]

No, one of his meds was refrigerated because it's in a liquid form and she told him to wait while she went to get it. He had already strapped the one boy into his carseat and while she was in the kitchen getting it out, writing down some instructions, and putting it in a plastic baggie along with a measuring spoon (she had forgotten to write up the instructions ahead of time and think that is because she was so upset about the boys being allowed to go with him unsupervised) he grabbed his sick son, quickly strapped him in the car, and left. It's not kidnapping. It was his legal visitation.

 

She saw him pull out of the driveway and ran after the car but he wouldn't stop. Who knows what spin the idiot will put on that when it gets back to the court????? I'm sure he's an adept liar, most human pond scums generate BS quite efficiently.

 

See my other update. It did end okay for which we are eternally grateful.

 

Faith

 

I'm so glad to hear that it turned out okay this time.

 

If I were her, I would definitely document everything the way you just described it. Have her write it all down because when they are questioning her about it they will try to trip her up as to the sequence of events. She should write everything down while it is still fresh in her mind.

[simka2]

Thank God!!!! I have never been so glad to hear that those boys were crying for their mommy.

 

 

Document, Document, DOCUMENT!!!!

 

Right now, I would have the Pastors write, sign, date and get what they witnessed in the hand of the FotC (or her lawyer).

 

Hugs!!!!

 

She called. She defied the lawyer and called the police. Their reponse was that "this is a domestic dispute/ie. custody battle and we do not get involved". Apparently they do not believe her when she says her son needs his meds.

 

The stxh is staying in a motel because he is from out-of-town. He has not been forced to disclose his location.

 

But, the absolutely wonderful news is that both of her little boys, who really do not have any relationship with their dad, were pretty upset about having to go with him and cried the whole time he had them. He ended up bringing them back to her "because they are brats". This was only two hrs. post doseage time and he hadn't had a seizure. Our pastor and his wife were there comforting her so the additional good news is that they witnessed his return of the boys, his lack of care when she told him that their son could have been injured from going off his med schedule, and his "they are brats" comment. Me thinks that could be valuable the next time there is a hearing. She also managed to contact the Friend of the Court and the Guardian Ad Litem. The GAL could have cared less. Whoever this person is, he's a jerk. But, the FC was livid. Absolutely livid and said she was documenting the whole thing.

 

Now, to just get the name of the police officer who didn't think it was a big deal. There is someone whose sergeant needs to read the riot act!

 

I am every so relieved that the children are okay. I'm furious. Absolutely furious that the whole thing took place and I can't believe that the authorities did not care. However, I do think that a social worker for CPS might have cared if the call had gone that way. But again, I do know that courts have warned divorced spouses before that calling CPS on each other is "harassment". Sigh......so stupid that I could scream!

 

Again, just relieved he's okay and thrilled that they are sleeping at home tonight with mamma, grandma, and grandpa.

 

Thanks everyone. I sure wish it were possible to hold some of these public authorities accountable for their dangerous, flippant, decisions.

 

Faith

[ravinlunachick]

Oh wow. I'm glad they're back home. You mentioned both of them being strapped into carseats, so I imagine neither is old enough to explain the medication routine to. :/ That would be my first thought--maybe she could get an extra prescription filled and keep it in their backpack or something, in a cooler if need be with some cold packs.

 

That's just horrifying that the police refused to help get a kid life-saving medication.

[Julie in CA]

Better lawyer.

I'd find (and pay for) a shark. Someone tougher, meaner, and more experienced with the court. ;)

[FaithManor]

Better lawyer.

I'd find (and pay for) a shark. Someone tougher, meaner, and more experienced with the court. ;)

 

 

You and me both! Seriously, I'd like her to have the legal equivalent of a velociraptor, stalk, hunt, and eat his face off!!!!!!

 

But, no matter what, "Just read the bottle" directed at a man who did not even bother to visit his son this winter when he was hospitalized for 11 days and nearly died....what kind of jack a** is the judge????

 

My poor friend, she blames herself or not a. having the meds packaged before he arrived - I know she was shaken up because the court awarded him an unsupervised visit today and b. not having her dad there to kind of keeping him from leaving until she had thoroughly lectured him on the proper care of their son. But, she knew her dad was going to have a very difficult time keeping his cool and so asked him to not be there for the exchange. I'm trying to convince her to let the guilt go. She's a great mom and has nothing to feel badly about. This is all exclusively on jerk wad and the judge plus GAL. They should carry ALL the blame. Well, and the police officer that didn't believe her when she said her kid needed his meds a.s.a.p.

 

Sigh.

 

Faith

[BigMamaBird]

Oh Faith! I'm so glad to hear the boys are home!

[Maeintx]

Just for further documentation and to show she followed through completely as far as the medical goes, I'd make a call to the boy's doctor's nurse tomorrow and ask they document the dose was given late in his medical record.

 

Document, document, document.

[QuirkyKapers]

I'm glad to hear that the boys are back with mom. :grouphug: What a nightmare!

[Jennifer3141]

Just for further documentation and to show she followed through completely as far as the medical goes, I'd make a call to the boy's doctor's nurse tomorrow and ask they document the dose was given late in his medical record.

 

Document, document, document.

 

Really good idea to call the doctor!!! Let him/her document it too. :)

[Cammie]

Judges have full immunity. You cannot sue them--no matter how arrogant or stupid they are.

 

:iagree:

[laundrycrisis]

Just for further documentation and to show she followed through completely as far as the medical goes, I'd make a call to the boy's doctor's nurse tomorrow and ask they document the dose was given late in his medical record.

 

Document, document, document.

 

 

:iagree: I would also ask the doctor to write a letter to the court regarding the importance of the medication being given on time and the recklessness of the child being taken without the medication.

[2cents]

Having worked for the courts and seen more than my fair share of stupid, lazy, loser judges I say to heck with the judge and who cares if the mom looks vindictive.

 

The child is in a very dangerous situation and I'd call the police, the friend of the court or guardian ad litem if there is one and child protective services - in short - everyone I could get to ASAP.

 

If the judge has any problems then maybe she would like to address the ruling in the media. Any retaliation from that judge and I'd call every media outlet and tell the story! Don't let that moronic judge intimidate and never be afraid to speak up in court and demand an explanation if a ruling is questionable!

[Parrothead]

 

 

Now, to just get the name of the police officer who didn't think it was a big deal. There is someone whose sergeant needs to read the riot act!

 

Honestly there really is nothing the police officer could have done. The father didn't do anything illegal. It isn't illegal to forget your kid's medicine.

Parents forget doses here and there all the time.

 

Maybe, at most, if the officer was told were to find the father he might have been able to go knock on the door and ask the father to call the mother because she is worried about the kid missing the medicine. But that is it.

[goldberry]

:iagree: I would also ask the doctor to write a letter to the court regarding the importance of the medication being given on time and the recklessness of the child being taken without the medication.

 

 

That's a great idea. The letter should go to the father, the judge, the GAL, and the Friend of the Court.

 

(Sorry, laughing, originally wrote Friend of the Gourd)