JUST US SYSTEM


Judge Briese of Florida continues to abuse his powers and keep a loving mother and her children apart.

Press Release

April 19, 2010

Judge Holds Mother in Contempt; Refuses to Hold Scheduled Custody Hearing

Daytona Beach – A mother who has been separated from her children for

more than three years was denied a hearing today to reunite with them and

instead was held in contempt by a Volusia County judge.

Linda Marie Sacks, an Ormond Beach mother, arrived this morning at the

City Island Courthouse in Daytona Beach for a scheduled hearing (Case

2004-30312 FMCI) asking for unsupervised visitations and total contact

with her daughters, ages 13 and 15. But Volusia County Family Court

Judge Shawn L. Briese declined to hold the hearing, which had been on

the trial court schedule for six months, and demanded instead that

Sacks submit to a deposition by the opposing counsel during the

scheduled hearing time.

Sacks filed for divorce in 2004 after her daughters began acting out

sexually. The eldest daughter, at age 8, drew a picture of the father

as an erect penis during a therapy session and made an outcry during

Sunday School that she had performed a sex act on her father. Sacks

has spent six years in the family court trying unsuccessfully to

protect her daughters.

Justice for Children, a Houston-based national child advocacy

organization, has written a letter to Volusia County law enforcement

authorities, including Department of Children and Family Administrator

Reggie Williams, expressing concern that the allegations of sexual and

physical abuse of  Sacks’ daughters was never properly investigated.

In April 2007 Judge Briese (Case 2004-30312-FMCI) ruled that the child

lied, gave the father sole physical custody of the daughters and

placed the mother on supervised visitation. In the last three years,

Sacks has had only 63 hours with her daughters at the The Family Tree

House Visitation Center in Daytona Beach.

In 2008 the Florida Fifth District Court of Appeals in Daytona Beach

reversed that decision,(Case 5D07-1682) and ruled that Judge Briese

had abused his trial court discretion, violated the mother’s due

process rights and ordered the custody case be retried in the lower

court. Despite the appeals court ruling and numerous motions to have

him removed from the case, Judge Briese has continued to deny Sacks

full-contact with her children.

Instead, just a few months after the Fifth District Court of Appeals

ruling, Judge Briese quickly set another custody hearing, denied to

admit any of the mother’s evidence or witnesses and again ruled that

Sacks be allowed only supervised visits with her daughters.

Sacks, this time as a pro se litigant, has again filed an appeal with

the Fifth District Court (Case 5D09-3752).  Recently, the appeals

court denied the father’s attorney’s motion to strike the mother’s

appeal brief. Within days the father’s attorneys, James L. Rose and

Leonard R. Ross of Daytona Beach, filed a subpoena in the lower court

demanding Sacks appear for a lengthy deposition and filed a motion to

end the mother’s two-hour a month supervised visit with her children.

Florida Rules of Civil Procedures Rule 1.310 (d) dictates that a deposition

being used to harass a party can be terminated. Rule 1.290 (2) also states that

a party cannot be forced into a deposition 20 days before a hearing.

Sacks was found to be in contempt of court after she refused to take

part in the deposition and only asked that she be able to have her hearing time.

During the hearing today, Judge Briese at first agreed with the

mother’s filed objection to the deposition saying the Ross has had

years to take the deposition. But when the Ross complained that the

mother is speaking to national organizations about the case, Judge

Briese changed his mind and demanded Sacks submit to the deposition.

Judge Briese said today that the mother will not be heard about being

reunited with her children until she does submit. The hearing to see

her children was scheduled for three days.

The mother will be back at the courthouse at 1:00 P.M. in hopes that hearing will be allowed to begin, but has already been told by the trial court judge, if you don’t allow the deposition, you will not get your scheduled hearing time.

Today Sacks filed an emergency motion to request a hearing before the

Seventh Judicial Circuit Chief Judge J. David Walsh to ask that Judge

Briese be disqualified from the case but was denied by Judge Briese.

Read more about Sacks’ battle to protect her children in the January

2010 MomLogic magazine article.

http://www.momlogic .com/2010/ 01/custody_crisis_ why_mothers_ are_punished_ in_family_ court. php

Advertisements