When Sebastin Francis filed an emergency motion approximately three weeks ago, it was not the first time he used this dubious legal strategy. That motion asked the court to seal the case and sanction his ex-wife, Sossamma Sebastin, for an article I wrote.
Abusers always obtain orders without notice or opportunity to be heard, because they want to lie, gain an unfair advantage, deprive the other party of their rights under color of law and get away with it. When one parent constantly claims in ex parte proceedings that the other parent is dangerous, and the children are in harms way, and then give some completely bullshit story, you have to wonder why they are so hell bent on depriving that parent of Due Process. Ex parte proceedings = red flag.
I firmly believe that family court does not have the jurisdiction to hear criminal matters. Far too often, litigants make false allegations, or completely truthful allegations of crimes committed by the other party. Family court is no place for sorting this out. Law enforcement and trained professionals need to get involved to determine if a crime has occurred, and they must conduct a very thorough and serious investigation and file criminal charges when necessary.
There must also be serious penalties for perjury and false statements, forgery, fraud and criminal harassment. There is the crime/fraud exception to attorney-client privilege.
If the family court would actually stop acting in complete absence of authority, and refer criminal cases to law enforcement, abusers would be much less likely to play games in family court and abuse the justice system with impunity. We wouldn't have cases where custody battles cost a fortune because attorneys profit from the disclosure of crimes committed by abusers.
This case is text book, and everything that is happening is orchestrated by all the attorneys and therapists and judges involved who are profiting off of the misery of children and the parent that tries to protect their children from legitimate harm and suffering.
Thank you for writing about this case and showing the nonsense and games abusers play using bogus "emergency" orders they always obtain by fraud.
In my case, my abuser obtained "emergency orders" without notice in California that he actually FORGED!!!!! He then used this forged ex parte temporary emergency order in Canada claiming it was a final judgment, and during another unnoticed exparte hearing, his Canadian attorney obtained another unnoticed protective order claiming that the Canadian court must recognize and enforce the ex parte - (forged!!!) order, from California, without providing me with any notice or opportunity to object, and with no future hearing scheduled!!!! This Canadian attorney then obtained yet another UNNOTICED EXPARTE protection order claiming I was in violation of the two previous ex parte orders that I obviously knew nothing about, and claimed that he presumed I was in possession of my son, and therefore in contempt of the exparte order, based on the exparte order based on the exparte order from another country that was in fact a complete forgery, and since I was in violation of this initial forged EX PARTE order from California, this matter was now criminal and I should be charged with the crime of Abduction. This attorney proceeded to tell the Vancouver Police that I was guilty of INTERNATIONAL child abduction, which then lead to a nationwide warrant for my arrest, despite the fact my abuser recanted, and retracted his allegations and admitted, and confessed to the fact he was lying about everything because he didn't like being told how to live, the very same day, before police obtained a warrant for my arrest anyway.
Ex parte emergency orders should never be issued, because they are based on a declaration by one party, signed "under penalty of perjury", who is NOT PRESENT to answer questions from a judge. And in situations when only an attorney is present, they end up testifying for their client and becoming a witness, as opposed to an attorney. When no one is present, and there is no actual "hearing" the judge makes a decision based on a "declaration" from a party under penalty of perjury, that their attorney vouches for on paper, without being able to ask a single question. This is completely insane.
If it's an emergency, the person claiming there is an emergency better be there in court to back up their story, and if they lie, they need to be prosecuted to the fullest extent of the law.
Attorneys who assist abusers and knowingly deprive the other party of their rights under color of law to commit further crimes, should be held accountable and criminally responsible for using the court system as a weapon to commit crimes against their client's adversaries. The Family court system is completely lawless. Ex parte proceedings for the purpose of obtaining orders that deprive the other person of their rights, without due process, based on false allegations and procured by fraud, are unconstitutional and should be outlawed.
Abusers always obtain orders without notice or opportunity to be heard, because they want to lie, gain an unfair advantage, deprive the other party of their rights under color of law and get away with it. When one parent constantly claims in ex parte proceedings that the other parent is dangerous, and the children are in harms way, and then give some completely bullshit story, you have to wonder why they are so hell bent on depriving that parent of Due Process. Ex parte proceedings = red flag.
I firmly believe that family court does not have the jurisdiction to hear criminal matters. Far too often, litigants make false allegations, or completely truthful allegations of crimes committed by the other party. Family court is no place for sorting this out. Law enforcement and trained professionals need to get involved to determine if a crime has occurred, and they must conduct a very thorough and serious investigation and file criminal charges when necessary.
There must also be serious penalties for perjury and false statements, forgery, fraud and criminal harassment. There is the crime/fraud exception to attorney-client privilege.
If the family court would actually stop acting in complete absence of authority, and refer criminal cases to law enforcement, abusers would be much less likely to play games in family court and abuse the justice system with impunity. We wouldn't have cases where custody battles cost a fortune because attorneys profit from the disclosure of crimes committed by abusers.
This case is text book, and everything that is happening is orchestrated by all the attorneys and therapists and judges involved who are profiting off of the misery of children and the parent that tries to protect their children from legitimate harm and suffering.
Thank you for writing about this case and showing the nonsense and games abusers play using bogus "emergency" orders they always obtain by fraud.
In my case, my abuser obtained "emergency orders" without notice in California that he actually FORGED!!!!! He then used this forged ex parte temporary emergency order in Canada claiming it was a final judgment, and during another unnoticed exparte hearing, his Canadian attorney obtained another unnoticed protective order claiming that the Canadian court must recognize and enforce the ex parte - (forged!!!) order, from California, without providing me with any notice or opportunity to object, and with no future hearing scheduled!!!! This Canadian attorney then obtained yet another UNNOTICED EXPARTE protection order claiming I was in violation of the two previous ex parte orders that I obviously knew nothing about, and claimed that he presumed I was in possession of my son, and therefore in contempt of the exparte order, based on the exparte order based on the exparte order from another country that was in fact a complete forgery, and since I was in violation of this initial forged EX PARTE order from California, this matter was now criminal and I should be charged with the crime of Abduction. This attorney proceeded to tell the Vancouver Police that I was guilty of INTERNATIONAL child abduction, which then lead to a nationwide warrant for my arrest, despite the fact my abuser recanted, and retracted his allegations and admitted, and confessed to the fact he was lying about everything because he didn't like being told how to live, the very same day, before police obtained a warrant for my arrest anyway.
Ex parte emergency orders should never be issued, because they are based on a declaration by one party, signed "under penalty of perjury", who is NOT PRESENT to answer questions from a judge. And in situations when only an attorney is present, they end up testifying for their client and becoming a witness, as opposed to an attorney. When no one is present, and there is no actual "hearing" the judge makes a decision based on a "declaration" from a party under penalty of perjury, that their attorney vouches for on paper, without being able to ask a single question. This is completely insane.
If it's an emergency, the person claiming there is an emergency better be there in court to back up their story, and if they lie, they need to be prosecuted to the fullest extent of the law.
Attorneys who assist abusers and knowingly deprive the other party of their rights under color of law to commit further crimes, should be held accountable and criminally responsible for using the court system as a weapon to commit crimes against their client's adversaries. The Family court system is completely lawless. Ex parte proceedings for the purpose of obtaining orders that deprive the other person of their rights, without due process, based on false allegations and procured by fraud, are unconstitutional and should be outlawed.