| In a bizarre twist that shows the total lack of
concern on the part of the family court when it comes to domestic
violence against children, two children are currently in foster homes
after suffering signs of abuse. Specifically, the family court was
forewarned by a father that his pre-school-aged daughter was at risk
in mother's home where allegations of domestic abuse were under investigation.
Ignoring his evidence, Judge Geraldine Rivera, who is not even a family
court judge, left a pre-school-aged girl in a home where her infant
brother was beaten so severely he nearly died. |
- Judge Ernesto Romero
made three separate orders for a father, Wylder K. Bibby, to have
visitation with his pre-school-aged daughter, but mother, Anne
Holly White, failed to comply with the orders.
- Father filed a motion
to enforce visitation that was scheduled to be heard on May
22, 2006. The hearing was cancelled and moved to July 10, 2006,
delaying contact between father and daughter for two additional
months.
- Before the July 10th hearing father discovered a restraining
order had been obtained against mother, Anne White, for domestic
violence (see police
report). Another restraining order
was obtained by mother against her spouse for domestic violence.
The restraining orders were entered into the system in March,
2006. The domestic violence case was set to be heard before Bernalillo
County Family Court Judge
Angela Jewell. Father had no way of knowing that complaints
of domestic violence had been filed.
- Father filed an emergency motion
for change of custody on July 6, 2006. Mother's attorney, Joyce
Gentry, filed her response
alleging that her client "denies that Respondent {father}
is concerned about the health and welfare of his daughter".
- When father arrived in court on July 10 for the hearing, Judge
Geraldine Rivera unexpectedly showed up on the bench instead
of Judge Ernesto Romero. Father objected at the beginning of the
hearing and asked that she be excused. Judge Rivera refused his
request, refused to allow father to present evidence of domestic
violence in mother's home, and heard the emergency motion for
change of custody without any judicial notice to either party.
- Judge Rivera denied the motion without reviewing the domestic
violence file or the certified copy of the police report concerning
the domestic violence by mother that father had obtained. Judge
Rivera also denied father any visitation.
- Father appealed, filing his docketing statement on August 31,
2006.
- On September 4, 2006, father discovered by watching the news,
that mother, Anne White's husband, Charles F. White, was arrested
for child abuse. Father contacted APD who informed him that a
younger sibling in mother's home was a victim, not his pre-school-aged
daughter. The infant was hospitalized with life-threatening injuries
and it was discovered that the infant had pre-existing injuries
likely caused by earlier domestic violence. This story was covered
by all major media outlets in Albuquerque.
- Father contacted New Mexico Children Youth and Families Department
(CYFD) to find out why he had not been notified of the domestic
violence problems in mother's home.
- On September 8, 2006, father was contacted by CYFD and advised
that his daughter had been taken into state custody while mother
was under investigation for child abuse and/or neglect due to
the infant's pre-existing injuries and the pre-school-aged daughter's
developmental delays.
- The State of New Mexico has filed charges against father
for abuse and neglect claiming that he has abandoned his daughter
in spite of ample evidence in the family court file that he has
repeatedly tried to have his visitation rights enforced!
- The daughter was officially taken into state custody on September
21, 2006, and remains in a foster home as of the date of this
posting. Father is being limited and supervised visitation by
CYFD, but the State abuse and neglect charges prevent him from
being reunited with his daughter.
- Mr. Bibby's wife who is a paralegal with many years of experience
in the legal system, with a full understanding of the improprieties
that occurred in this situation wrote a letter
to Governor Richardson to express her concerns.
- Judge Rivera's decisions went up on appeal. Judge Rivera's decision
was reversed;
father had a right under the law to excuse Judge Rivera from the
proceedings and she refused to allow him that opportunity. The
Court of Appeals finalized its opinion
on January 22, 2007.
|
| last updated on
October 8, 2007
|
|
