Showing posts with label emergency hearing. Show all posts
Showing posts with label emergency hearing. Show all posts

Monday, April 15, 2013

Help a Mother Bring Her Baby Home

Donate to here to help Ebony bring Atreiyo home.

Last year, as a document preparer, I did all that I could to help Ms. Ebony Gary reunite with her son, Atreiyo. Here is her story:

There are many mothers whose rights have been stolen, or are currently being violated by the hands of the law without proof and without regards..like mine. I am a single mom of 3 beautiful and wonderful children, unfortunately my baby boy who was just 16 weeks old and premature had been taken from me while at work by the father and grandmother. God help me I have cried begged and pleaded with law enforcement to help me find my son and in return I was told that there was nothing they could do, but yet I have been told that what was done to me was a criminal offense. 

 
Atreiyo


It has been 4 years since I last seen my baby, attorney after attorney, organizations who prey's on the emotions of a mother for profit. Still I have not given up, and the good thing is that through my own investigation, I have found  my son and have filed the necessary documents with the  courts. I attended my first court appearance this past January of 2013 only for a judge to treat me like a criminal or an offender of some kind while granting me 2 hour supervised visits in a malls food court by the very woman who helped in the kidnapping of my infant son, without permission to leave. I ask my self daily if there will ever come a time when justice will prevail, and I still await the answer day by night. This was the first time I had laid eyes on my baby since he was taken and it cut me so deeply because he asked me questions that he would not understand the answers to. By the end of that visit when he found out who I was, he made me promise to come back for him. 

One missing


Unfortunately with depleted funds used in search of him I do not qualify for a attorney that will help bring baby Atreiyo home to his mother who loves him so much, and an awesome brother and sister who miss him dearly. I pray every day for the return of my baby,If my God is willing, and we are granted the help we need. I'm also currently in the process of writing a book called " A Mother's Triumph " which may never make it to the shelves but at least when he is older, he will know that it has always been about him. Atreiyo was named after a little boy in one of my old time favorite movies that some will remember "The Never Ending Story ". Even if we have no success with the help we asking for, It will mean just as much to one day be able to tell my story live, because someone has to; The law failed to protect my rights as a mom, the dad and I were never married which in such case the mother shall hold physical and legal custody in most states across the globe which also happen to fall under my states regulations. They swept my tears and sorrow under their rug, but I will not! someone has to be responsible, someone has to pay. In advance I thank all of you for your support and listening ear.




Sincerely,
Ebony
A Mother's Triumph

Thursday, September 13, 2012

Legal accessibility - Guest Blog by Sharon Hoffmeyer

I always knew there was a problem with people being able to access the legal system without assistance of an Atty.  However it was not until it happened to me that I realized the extent of the problem.  The shocking part for me was that I have legal training.  I learned from my ordeal that I have more knowledge than some clerks at the courthouse.  I live in Jacksonville Florida the site of a new three hundred fifty million dollar courthouse.  This courthouse underwent its own trials and tribulations from being over budget and plagued with design problems.  For $350,000,000 we have a courthouse that is not 100% compliant with the Americans Disability Act and whose opening was delayed because the building could not pass fire inspection.

After filing my divorce petition on July 26, 2012, I realized that the problems are deeper and affect a far greater number of people than those touched by design or by ADA non compliance.  If you are the person that does not have the money to hire an Atty.  then you are, in essence, locked out of the courthouse.  When I filed my paperwork it was complete and correct.  Included in the paperwork I filed an Emergency Motion for Temporary Needs.  This means that I was asking the court to give me a hearing as soon as possible to establish child support and other needs so that I can continue to support my children.  After going through the proper procedure of serving the paperwork I called the courthouse to ask for a hearing date.  I left countless messages for my case manager which went unanswered and unreturned.  After two weeks of frustration, I decided to call until I received a response.  When I finally got a return call  I was met with resistance and immediately asked, “Are you an attorney?” to which I replied, no do have to be?  I informed the clerk that I was a pro-se litigant and wanted to set it for a hearing.  I knew to do this because of my experience working in several law offices.  The response, “you can’t do that.” My mind felt like it was about to explode and I quickly responded with “what do you mean I can’t do that?” the clerk informed me that because I represented myself they had to send a note up to the judge to ask what they wanted to do.  To me it was another delay in a process that had already taken far too long.

I quickly grew into a new understanding.  It was quite shocking to realize that regular citizens do not have the same access to the legal system as their attorney represented counterparts.  I thought to myself if this is happening to me, how many other people are facing the same challenges?  I decided to write the chief judge and let him know of the challenges I have been facing.  It turns out that he forwarded my E - mail to another judge who instructed the family law intake staff to set it for hearing.  Procedure at this point would state that they would call me and conference in my husband’s attorney and confirm a date with us.  However, because I was not represented they never called me.  They called my husband’s, counter attorney and gave him a date.  How did I find out?  My soon to be ex husband told my daughter that we had a hearing date.  I had completely been left out of the process.  It was my motion.  I should have been notified first.  I would have settled for being included in the process.  The day after finding out that a hearing had been set I received a call from the court eager to inform me that I had a hearing set.  As they started to fumble over their words, I stopped them.  I said let’s cut to the chase.  You are calling to tell me that I have a hearing.  They were surprised that I knew.  They asked how I knew.  I told them how I found out and that I was not pleased with the process.  I asked them why I was not called.  They admitted that they made a mistake and should have called me but someone dropped the ball.

I cannot help but wonder about the average person.  This process was difficult for me and I have knowledge to assist me.  Not everyone has my knowledge -- they have to rely on the courts and their staff to help them.  I’ve the impression that they don’t want to help.  Their only words are “you need an attorney.” As the saga continues, I have still not gotten my hearing.  The other side objected to the use of the magistrate.  The case was referred back up to the circuit court judge.

I called September 12th 2012 and was told once again that I cannot set it for hearing through the judicial assistant. I laughed at their ignorant, comment and called anyway. The judicial assistant was less than helpful. She told me that because the other side objected, they had to be the ones to call set it for hearing. I knew this was incorrect because it was my motion. I argued and argued. Then I realized there was no point in talking to people that do not have the ability to give me a yes answer. I told her I was going to e-mail the chief judge. Literally 5 minutes went by when she called me to tell me that she made a mistake and I could indeed set it for hearing. You would think I would be happy but I’m not. The hearing is scheduled for December. It’s an emergency hearing and I have a December date. Not sure how this is considered an emergency. When I asked why so late I was told that the judge did not instruct her to set it as an emergency. I replied, can we ask her? So she stated, no I cannot advocate on your behalf. Advocate? Really? She said, you’ll need to file the appropriate paperwork. Isn’t that what an emergency motion is? I took the date and I am going to get it changed. Will update when I know more.