CHANGE NEEDED

Federal Law:

State Law and Policy:

1.  CRIMINALIZE KEEPING CHILDREN BEYOND AGREED TIME


2.  CRIMINALIZE HOUSING CERTAIN FELONS AROUND CHILDREN

------------


Until 'Family Courts' are abolished, the states can do the following:


1.   INCREASE EDUCATION REQUIREMENTS FOR GUARDIAN AD LITEMS

• Current Requirement - 7 hour online course and be part of two court cases involving children, as well as be a lawyer (http://www.courts.state.va.us/courtadmin/aoc/cip/programs/gal/children/gal_standards_children.pdf)
• A law degree does very little to prepare a person for elements of child psychology, family dynamics, parenting, child abuse, latest research and social concerns, etc..
• A lawyer mindset is arguably counter-productive in determining family dynamics 
• Other states have much higher supplemental education requirements

2.  AUDIT AND REVIEW 'FAMILY COURTS' (http://jlarc.virginia.gov/about.asp)

In order to best change policy, we need updated information, including:

• Custody case outcomes for prior ten years
• Demographical data of litigants
• Judicial complaint data
• Guardian ad litem complaint data
• Mediation outcomes
• Types of remedies used and outcomes
• State expenditure on remedies
• Average length of custody disputes (in hours)
• Repeated custody disputes (same children)
• Source and explanation of funding for courts, Child Support Enforcement, and foster care
• JDR court expenses
• Efficacy of GALs (survey)

3.  MEDIATION NOT LITIGATION

• Enhance Mediation efforts to the point nearly all custody disputes are handled through mediation.

4.  ACCOUNTABILITY FOR 'FAMILY COURT' OFFICIALS


5.  PERTINENT EDUCATION REQUIREMENTS FOR 'FAMILY COURT' JUDGES


6.  MANDATORY PARENTING CLASSES FOR ALL GUARDIANS IN CUSTODY DISPUTE


7.  REMOVE "CHILD'S RIGHT TO CHOOSE A PARENT" FROM BEST INTEREST

• This is destructive to the child and family

8.  MANDATORY BACKGROUND CHECKS - for ALL adults living with children at the time of a custody dispute


9.  INCREASE FUNDING TO EARLY PREVENTION DEPARTMENTS

• 'EP' provides parenting classes and other preventative measures

10.  INCREASE TRANSPARENCY IN 'FAMILY COURTS'

• Allow recording devices in courts
• Report statistics to recording bureau

Change to Probation Policy (Federal and State):

1.  REQUIRE MALE PROBATIONERS TO KNOW A MOTHER FOR MORE THAN A YEAR BEFORE COHABITATION - WHEN CHILDREN LIVE IN THE HOME.

• In our situation, the probationer and my children's mother were required to marry before cohabitation.  This did not suffice.

 
2.  ENCOURAGE PROBATION OFFICERS TO TESTIFY IN COURT DURING CUSTODY PROCEEDINGS, ABOUT A PROBATIONER'S PRISON VIOLATIONS AND OTHER PERTINENT HISTORY.

• In our case, the U.S. Attorney's Office interpreted the policy to mean the probationer's privacy was of primary importance.  In fact, public safety is more important, according to their own policy.

 
3.  ENFORCE SPECIFIC LIMITATIONS UPON PROBATIONERS WITH A HISTORY OF VIOLENCE, SEXUAL MISCONDUCT, AND/OR REPEAT OFFENSES IN RELATION TO THEIR EXPOSURE TO CHILDREN.  

• In our case the probationer had a history of rape, strangulation, abduction, kidnapping, career criminal, burglaries, robberies, arson, serious mental illness, drug abuse, other crimes not known, etc..  This should have forbidden him from being alone around my daughters.

 
4.  EDUCATE PROBATION OFFICERS ON THE VULNERABILITY OF SINGLE MOTHERS WITH CHILDREN.  

• Unfortunately there are many instances of men on probation, harming mothers and/or their children.  I have not seen this issue addressed in any of the U.S. Probation and Pretrial Services videos or policy.

5.  COMMUNICATE WITH CONCERNED FATHERS WHEN A PROBATIONER LIVES WITH THE MOTHER OF HIS CHILDREN AND THE CHILDREN.  

• In our case, I (father) was not contacted by the probation officer.  I found and contacted him once, before filing for custody.  He knew I was concerned about the safety of my children and never once contacted me throughout the entire probation period and even rejected my subpoena for him to testify in 'Family Court'.

 IN VIRGINIA Family Courts:

JUDGES and 'GUARDIANS' (GALs) have NO EDUCATION in FAMILY MATTERS
(GALs only need to complete a 7 hour online course)


GALs must follow Specific Standards,  and a  Professional Code of Conduct, but NO ACCOUNTABILITY, when they don't.


JUDGES must follow the Best Interest of the Child LAW, Judge's Bench Book, and Judicial Canons, but NO ACCOUNTABILITY, when they don't.


Complaints about Anjelica's GAL , CHARLES JOHNSON went NOWHERE, neither during trial nor after.
  (Charles Johnson continued as a GAL for 5 more years)

--------------------------------------------------------------------------------

In Virginia Adoption Courts:

Step Parents could adopt without a background check prior to July 2018, when HB 227 was passed.
(It is set to expire in 2020)

NO Home Study or Investigation of any kind is required to adopt a step child, despite the high percentage of child abuse & homicide being committed by mom's boyfriend/husband.

#REFORMFAMILYCOURTS

Mr. Massey's response to the letter (below) that I sent to his home was to call the police.    

Dear Judge Joseph P. Massey,

You sentenced a beautiful daughter, and awesome big sister to years of abuse and finally, murder.

Her name is Anjelica Marie Hoffer.  REMEMBER THAT.

In June 2010, after discovering the criminal past of the boyfriend of my children’s mother, I filed for full custody of my 3 daughters - aged 7, 9, & 13...

On February 17, 2010, 31 year old Wesley Hadsell got out of Victorville Federal Penitentiary.  He had spent about 10 years as an adult behind bars, in and out of prison.  He had just been released for bank robbery, which he committed while on the run from the police after violently raping and kidnapping his wife who he had been holding captive for 2 weeks.  According to 2005 court documents surrounding the grand jury indictment, Mr. Hadsell got angry at his wife and beat her, strangled her, and raped her.  There was a nationwide manhunt for Mr. Hadsell and his victim, with a $50,000 reward, labeling  him ‘armed and very dangerous’.  He was finally caught in Illinois, in a high-speed pursuit by multiple law enforcement agencies, after wrecking the vehicle, and hiding in a field all night.  This was public knowledge and I made this known to you during my custody dispute in 2010.

I also told you about his other crimes - Felony Restraint, Burglary, Forgery, Larceny and dozens of violations in prison.  He had a son and he made very little effort in being a father to him or providing for him.  But despite all this, you felt he was the better dad than the one Anjelica knew since she was a baby.  The one who taught her everything that she knew and who knew everything about her.  The one who loved her and would do everything for her.

On April 9, 2010, Mr. Hadsell met my children’s mother

About April 20, 2010 Mr. Hadsell began living with my children’s mother, and my three daughters.  I had equal shared parenting time for over 6 years, as previously ordered by Norfolk JDR, when you made your ruling to remove me from my oldest daughter’s life.  I was a good dad, despite Anjelica being alienated away from me for several months before the trial started.  There were many signs that something wasn’t right.  You paid no attention.  I hadn’t heard of Parental Alienation at that time, but since you were a family court judge, I now know you were familiar with the dynamic.  The signs were clear.  All you had to do was follow the Best Interest statute provided to you.  But you took the law into your own hands.

On May 12, 2010, my children’s mother and Wesley Hadsell got married.

On May 20, 2010, Mr. and Mrs. Hadsell and Anjelica went for several days on a honeymoon, to the mountains of Tennessee to visit his family.  I asked the mother not to do that.  I told her it was too soon for Anjelica and I was worried sick about Anjelica, being estranged from her father, and blooming into a beautiful young lady with a strange, and overly charming man, right out of prison, having full liberty with my child.  You knew all of this..

All of this was made known to you and the ‘guardian’ you appointed, during court, along with Mr. Hadsell’s extensive criminal record which also included Felony Restraint, Burglary, Larceny, Fraud, and dozens of serious prison violations.  

I was scrutinized by your appointed ‘guardian’, Mr. Charles A. Johnson.  I will admit I was anxious and stressed - worried about the safety of my girls.  I’m not sure who wouldn’t be.  But I kept my cool, trying not to make things worse.  I did not seek out Mr. Hadsell to confront him or start any unnecessary drama.  I wanted peace - for myself and for my children.  But you and your ‘guardian’ chose the wrong side, in the face of clear evidence.

Mr. Johnson didn’t contact any of the victims of Mr. Hadsell, or family members, or friends, or the probation officer, or do an in-depth background check, which I had done.  In his report, Mr. Johnson downplayed Mr. Hadsell’s criminal record and lied about very important facts.  He reported that Mr. Hadsell’s “girlfriends seem to get into hard situations” and even reported that Mr. Hadsell’s wife was charged with the bank robbery in 2005, as well as Mr. Hadsell.  This is a complete fabrication, gathered only from a conversation with Mr. Hadsell himself..  I complained to you about Johnson’s lack of action and incompetence, both during the trial and after.  You did NOTHING.  Mr. Johnson continued as a GAL for 5 more years.  

Had you have required that Mr. Johnson do his job, and spoken to the probation officer, we would have learned that Mr. Hadsell had several assaults in prison, including attempted murder by stabbing a man multiple times in the face.  Mr. Johnson would have known about Mr. Hadsell’s gang affiliations, drug abuse history, and being on lock down for the last two years of his prison stay.  I subpoenaed the federal probation officer, Tomas Ramirez.  That was squashed, but Mr. Johnson should have called or visited the probation officer, as I had done.

Mr. Johnson ridiculed me excessively in his report, carrying on for an entire paragraph in his report, about a job that I was fired from 7 years prior, without asking me about it.  No crime was committed.  It was not worth reporting.  My record is clean except for non-criminal traffic violations and a misdemeanor from age 20.    He referred to me, the protective and concerned father, as “antagonistic” and “self-righteous”.  He ridiculed my reaction when Mr. and Mrs. Hadsell both approached me and grabbed my 7 year old daughter while I hugged her good-bye.  Persistent ridicule was pressed upon me, though NOTHING was presented which as concern for the well-being of the children. Why couldn’t you at least admonish Mr. Johnson’s bias?  Why would you continue to use this GAL?  As a judge, you should have seen the precarious situation my girls were in.

There were many other real concerns that I raised in the court which were ignored.  For instance, Mr. Hadsell’s 18 year old nephew moved into the home just a couple months after Mr. Hadsell did.  Alienators tend to make the child their ‘best buddy’ and convince them that the other parent is bad.  Anjelica was getting the ‘golden child’ treatment and allowed to do whatever she wanted.  She was told that I didn’t want her.  The mother was not communicating with me about Anjelica.  Anjelica had stopped talking to me, my family, my friends, and even friends of hers that she usually only saw when with me.  The things the mother was doing was detrimental to the BEST INTEREST of the children, yet nothing I was doing went against their best interest, as defined by law.  

You ordered 50/50 parenting time remain the same with my younger two girls, but you changed my 50/50 with Anjelica to ZERO.  You didn’t opt for weekends or every other weekend.  You went above and beyond and went straight for ZERO.  In the face of reason.  In the face of decency.  In the face of the BEST INTEREST OF THE CHILDREN.

In 2012, just over a year after the custody trial, Mr. Hadsell adopted Anjelica, without my knowing, because I was erased.  I was in fact the only father Anjelica had known, as acknowledged by you and your guardian, all of our family and friends, and the schools and doctors, etc.  Her name was Anjelica Hoffer until she was unjustly adopted by Hadsell just before her 16th birthday.  Needless to say, the adoption put an even further divide between Anjelica and I.

In March of 2015, she died fatherless.  The father figure that you endorsed, with your ignorance of what a child needs, had turned against her and took her life - because he was not a father.  He did not love Anjelica as a father - as I did.  

In 2016, Mr. Hadsell was deemed a Career Armed Criminal, by a federal court judge, having the same record he had when he was in your court room, except for the 2016 federal conviction for Possession of Ammunition.  You can review the 60-page sentencing report to see how THAT judge recognized the danger this man posed and sentenced him 20 years in prison.  The prosecutor only asked for 15.
 
Mr. Hadsell is now finally being tried for the 2005 rape, assault, and kidnapping, which he had been indicted by a grand jury for, in 2005.  If your appointed ‘guardian’ can use here say to report a job that the REAL father was fired from 7 years prior, then surely he could consider a grand jury indictment for something as serious as rape, assault, & kidnapping, to err on the side of safety for the children??  But regardless of the GAL report, YOU were told about the strangulation, beating, raping, and kidnapping, because I had spoken with the victim and read the court documents.  You did NOTHING.

After Ohio, Virginia will prosecute him for what he did to Anjelica.  The truth of Anjelica’s story will be made known to all.  

I understand that you were only a construction law attorney when your good friend nominated you to be a judge and that there was no requirement to have any significant education in things like Child Abuse, Psychology, Family Dynamics, Childhood Development, Social Work, Parental Alienation, etc, but have you at least read Virginia statute Ҥ 20-124.3. Best interests of the child; visitation.” - at any time during your career?  I hope not, because then you would be held culpable for your lawless decisions.  That might have been an excuse for violating EVERY item in the Best Interest statute... 

1. MENTAL CONDITION OF THE CHILD. - Anjelica was referring to this man as ‘dad’ on social media within months of meeting him.  She had stopped responding to me or talking to my family and friends.  She was clearly being ‘brain washed’.

2. MENTAL CONDITION OF THE PARENTS. - Anjelica’s mother was alienated from her mother at age 12, who died just two months before Anjelica was alienated from me.  This childhood trauma created a mental condition.

3. PARENT'S ABILITY TO MEET CHILD'S NEEDS. - I had been an active father for over 13 years and had already been granted 50/50 custody by courts, 5 years prior.

4. CHILD'S TIME W/ SIBLINGS, EXTENDED FAMILY & PEERS. - Anjelica permanently lost half of her time with her sister whom she grew up with and was very close to.  Anjelica also lost complete contact with friends and family on my side.

5. FUTURE ROLE OF THE PARENT. - By terminating my parenting time, you aided and abetted in erasing me and leaving Anjelica without a father.

6. PARENT SUPPORTING CHILD'S CONTACT WITH OTHER PARENT. - The mother had CLEARLY alienated Anjelica not only from me, but from her biological father when she was a baby.  I was always willing to share parenting duties with their mother, and would have even welcomed the biological father, had I known he wanted to see Anjelica.

7. PARENT'S DESIRE TO HAVE A RELATIONSHIP W/CHILD & RESOLVE DISPUTES. - By virtue of filing custody, not to mention repeatedly reaching out to Anjelica, my desire to have a relationship was clear.  I attempted to resolve disputes, but their mother absolutely antagonized the situation to make it worse.

8. REASONABLE PREFERENCE OF THE CHILD. - This is the only factor you considered and yet Anjelica’s preference WAS NOT reasonable.

9. HISTORY OF FAMILY ABUSE. - Mr. Hadsell had been convicted of at least 3 crimes in and out of prison, that qualify as “Family Abuse”, and a grand jury found a true bill for rape, two counts of felony assault, and kidnapping.  

___________________________________________


Judicial Canon 2 - “A judge SHALL respect and comply with the law.  No impropriety.” 
The Best Interest statute is LAW Mr. Massey.  

Judicial Canon 3B(5) - “A judge SHALL perform judicial duties without bias or prejudice.”. Why else did you ignore the law to change my custody from 50/50 to ZERO of Anjelica, while maintaining 50/50 with my other two girls?  Bias against a father and for a criminal.

Judicial Canon 3B(8) - “Dispose court business promptly.” 
You delayed the safety of my daughters by not showing up to court at the first hearing and then finally hearing the substance of my concerns 4 months after my filing.  How about when you crammed us into the end of your busy day, only to cut us off so you could go home to YOUR kids, and then pick up two months later?  By that time all of my concerns seemed like faded memories to you.

Judicial Canon 3D(2) - “Take appropriate action when lawyer (GAL) violates
 â€œProfessional Code..”. 
You failed to respond in ANY WAY to an incompetent, unprofessional guardian ad litem, despite his LIES and bias and incompetence.  The ‘guardian’ was in err so many times, that it’s hard to imagine it wasn’t purposeful.  Mr. Johnson made no request to the court for a Psych. Eval., or parenting classes for the new man just out of prison, or an emergency removal based on two very questionable men that the mother hardly knew, living in a small house with my three daughters.  Mr. Johnson downplayed Wesley Hadsell’s criminal history significantly.  In his report he gloated about how great Hadsell was doing, stating “he had self-control”, “a lively awareness of the consequences”, was “confident he will behave appropriately”, called his crimes “youthful indiscretions”, “desires to make good of his marriage”, and “willing to get on the straight and narrow”.  Does that sound like a quality investigation, especially considering the facts that were immediately available, not to mention all that I told him?  

Judge’s Bench Book.  Chapter 2 II-A. pg 392 - “Court SHALL assure frequent and continuing contact with BOTH both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. Va. Code § 20-124.2.” 
Did you do that when you violated the law by taking away ALL of my time with my 13 year old daughter?  You said, “by virtue of her age”, and you eliminated her father, with the swipe of your mighty pen.  How much weight should “her age” play into it, if even her own mother was clearly duped by a con man right out of prison, to the point of blatantly putting our daughters in harm’s way?  What about Jennifer’s own alienation from HER mother and the obvious signs of alienation with Anjelica - complete rejection of a normal range and loving parent?  Your job was to provide a VERY IMPORTANT service to families that relied on your expertise.  What, if any, devotion did you have, to the study of human psychology, child abuse, and other family dynamics?

Judge’s Bench Book.  Chapter 2 V. pg 396 - “Available Tools”, gives you SEVEN tools to use to remedy the custodial disputes.  You chose an inept guardian, with 7 hours of training and no children of his own, a clear bumbling idiot, and to send us to “Family Counseling”.  How does family counseling address the safety of my children?  Why did you ignore the signs of a sociopath preying on my children?

Judge’s Bench Book.  Chapter 2 VI-A(1) pg 399 - “Investigative Reports”, REQUIRES you have due diligence in getting the factual information in such a case as this one.  

Judges’s Bench Book.  Chapter 2 VI-B(10) pg 401 - “an older child’s preference should “be given weight… but is not conclusive.”  Hall v. Hall, 210 Va. 668 (1970); Va. Code § 20-124.3. 
Why did you IGNORE EVERY ASPECT OF THE BEST INTEREST STATUTE, EXCEPT THE CHILD’S PREFERENCE?  This clearly states that the child’s weight is NOT ENOUGH by itself.  What else then were you basing your decision to ignore the remaining items of the Best Interest Statute, such as “mental condition of the parent”, “mental condition of the child”, “relationship between parent and child”, “relationship of child to siblings and extended family”, “parent’s willingness to support the child’s contact with the other parent and unreasonable denial”, “parent’s willingness to resolve disputes”, and MOST GLARING - “THE HISTORY OF FAMILY ABUSE”????

Judge’s Bench Book.  Chapter 2 VI-C(3) pg 402 - “Would ‘actual harm’ occur if visitation were to cease?” - Surles v. Mayer, 48 Va. App. 146 (2006).  O’Rourke v. Vutoro, 49 Va. App. 139 (2006).  What do you think now?  Would ‘actual harm’ occur as a result of letting a sexually violent career criminal, just out of maximum security prison, and his 18 year-old nephew, both of whom the mother had just met, live with 3 young girls, including one who was turning into a beautiful young lady and was estranged from her father?

Judge’s Bench Book.  Chapter 2 VI-D. pg 403 - “Court MUST assure frequent and continuing contact with BOTH parents, unless the best interest of the child dictates otherwise”. 
Did the best interest of MY child dictate otherwise to you?

________________________________________


"Woe to those who make unjust laws, and deny justice and rights to the poor and the FATHERLESS and the widow... disaster comes." - Isaiah 10:1-3

"Cursed is anyone withholding justice from the FATHERLESS or the foreigner or the widow." - Deuteronomy 27:19

"I, Jehovah, will strike my hands together at those who mistreat the foreigner, the FATHERLESS, and the widow." - Ezekiel 22:7-13

"I Jehovah, will put those on trial, who oppress and deprive justice to the widows, the FATHERLESS, and foreigners." - Malachi 3:5
                                     
"Defend the weak, the FATHERLESS... and oppressed." - Psalms 82:3

“If anyone causes one of these little ones—those who believe in me—to stumble, it would be better for them to have a large millstone hung around their neck and to be drowned in the depths of the sea.” - Matthew 18:6

"Pure religion is to look after the FATHERLESS and the widow in their affliction, and separate from the world." - James 1:27

"If you deal justly and do not oppress the foreigner, the FATHERLESS, or the widow, then I, Jehovah, will let you live in the land I gave your ancestors - forever." - Jeremiah 7:5-7

"Jehovah watches over and sustains the foreigner, the FATHERLESS, and the widow." - Psalms 146:9

"Seek justice; Defend the oppressed; Defend the FATHERLESS." - Isaiah 1:17

5.4.17 - detailed complaint to chief judge re: g.a.l. charles johnson

     12.9.17 - bar complaint - re: gal c. johnson

12.27.17 - Response fr. bar re: c. johnson complaint

12.28.17 - 2nd JIRC complaint re: judge massey

10.26.17 - Response fr Judicial commission re: massey complaint

consider this:

Solutions

Resources

petitions

(these are old and I am no longer pursuing these)

CHANGE ADOPTION LAWS - sign the petition

to do

Reaching Out

3.12.18 - Letter to Newspaper Editor Jeff Reese (misaddressed)

3.12.17 - Letter to Delegate Stolle

3.12.18 - Letter to Early Prevention Social Worker Ben Watterton
(Fatherhood Program Director)

 12.30.17 - Letter to Hearsay with Cathy Lewis NPR Radio Show