The Family Court Circus
Despite the fact that our family court case is closed, and there is no case…I had another court date this month.
In May, an ex parte hearing was filed by our former minors counsel. It is a daily struggle not to issue blanket statements, or to let myself become jaded and cynical. I have a healthy distrust of family court professionals – that has been earned and cemented in layers of experience.
I work very hard to see things through a variety of lenses when it comes to the family court system. We each have our own unique experiences, and if that was the only lens I was looking through, I would not be serving my community well. I would be doing them a disservice and it would be reckless. The lenses that I surround myself with are from years of observation - sitting in court rooms, and also now, doing court watch on zoom. I also look through the lenses held by my clients, my community, my colleagues, and fellow advocates. My mentors who are out there educating, doing research and fighting the good fight have all been incredible teachers on this journey.
If I am jaded in specific areas of family court, the most glaring would be the topic of minor’s counsel. These individuals are appointed to be the eyes and ears of the judges, magistrates and commissioners, and they are failing miserably. After almost 14 years in the trenches, I can say that I am disgusted by what I see, and I have heard very few success stories. What makes me even more angry is knowing the desperation felt by those who are wanting to protect their children – and the reality of what awaits them on the minor’s counsel path. I work very hard to remember what it was like when I first started this journey. I gave the benefit of the doubt to my detriment, and to the detriment of my children.
Every time a new professional was appointed, I was refueled with a sense of hope. My “fighter spark” was reignited and I thought to myself, surely this person who has vowed to act in the best interest of children will do that, correct? What I learned time and time again is that we were merely a case number in an overburdened system — one that is not trauma informed. Ed Somogyi, in particular failed my children.
In August 2011, my case had reached a terrifying and pivotal point: my ex-husband was requesting that the court give his brother additional access to our daughters. Like many of you, my battle wasn’t against one unhealthy, unstable individual. It was me against an entire family of dysfunction. I once referred to my ex-mother-in-law as a “sociopath incubator,” and it was probably the most accurate descriptor I’ve ever used.
At this particular hearing where my ex-husband’s request was being heard, I laid out a very strong case about how dangerous his brother was. Standing in the courtroom was a well-known attorney, Ed Somogyi. Clearly frustrated with the back and forth and the ping pong of, “he said,” “she said,” the judge appointed Mr. Somogyi as minors counsel.
From the day I first stepped into Ed Somogyi’s office, he was rude, smug, condescending, and abusive in his approach and communication. He did not act in the best interest of my children, and he should have never been appointed to our case. The only thing that gives me a sense of relief is knowing that he does not typically work as minor’s counsel. In fact, I’ve never heard of a single case (outside of ours) where he has served as minors counsel.
So, why did we have yet another court date? Ed Somogyi hasn’t worked as minor’s counsel on our case since 2018 and our case was closed in 2019 when we successfully terminated my ex-husband's parental rights, yet Mr. Somogyi was able to file a motion with the court to seek their assistance with a huge error that he made.
When he turned over the files to my 18-year-old daughter in April, he accidently provided her with the confidential 3111 evaluation. This discovery was not shocking to me, it’s in line with the way he has handled our case since day one. In reviewing the files, it’s a complete circus with documents missing, duplicate documents everywhere and things out of order.
After he realized his error, he sent several demanding emails to my daughter. Distributing this report is a violation and he knows it – it was apparent in his communication that he was spinning. It was also no surprise that missing from our files was my email communication with his office over the years, showcasing the issues we were facing and pleading for his help in protecting my children.
My responsive declaration read as follows:
“On Friday, May 5, 2023, my adult daughter picked up her property from Mr. Somogyi’s office. I do not control my adult daughter and she is not a party to this option. Thankfully, she is no longer subject to the jurisdiction of this court. I’ve been paying for Mr. Somogyi’s ineptitude for a total of 12 years. His dissemination of a private, highly confidential document highlights and underscores our experience with him as minor’s counsel for over a decade. It is ironic that Mr. Somogyi finds time to file ex parte request with the court when it comes to covering his failure to protect confidential information. Sadly, Mr. Somogyi couldn’t find time to investigate the fact that my ex-husband was living with a pedophile and placing my children (his clients) in harm’s way. I ask that this court denies Mr. Somogyi’s ex pate request.”
It is infuriating that the court even accepted his motion. In 2022, after a different filing by Mr. Somogyi, we successfully proved that the court lacked jurisdiction given that my daughters were adopted by my husband of ten years, after we terminated my ex-husband’s parental rights. Because family court is like the wild, wild west, they will apparently take filings from non-parties to nonexistent cases.
The judge started the hearing on July 12, 2023, by stating that she lacks jurisdiction over me and over my daughter. The entire process was a waste of time, money and energy, not to mention the trauma that resurfaces from being thrust back into this nightmare. Case closed, but is it really?
Photo credit: Edward Somogyi
