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Listing of Children's Rights Groups
Introduction
Charlie was 9
years old when his parents separated in July of 2002. His dad
became frightened for him because his wife had become
uncontrollable; screaming at Charlie: “why do you hate me so
much? I’ll kill you before you kill me?” over and over again.
The day before she had smacked Charlie onto the floor and smashed
his testicles.
Dad called the
"Texas Department of Protective and Regulatory Services---Child
Protective Services" (TDPRS-CPS) as required by law.
Assistant
Williamson County attorney was very firm with dad that the County
would not enforce a protective order unless he reported his wife’s
conduct to
CPS
and had him interviewed. Thereafter, CPS interviewed Charlie
several times (both by home visits in Cedar Park and Lago Visa and
in Georgetown). They also videotaped an interview with Charlie.
The
protective
order request was heard by visiting judge, Hon. David Cave. After
the judge privately interviewed Charlie in his chambers he granted
the order and as part of the terms gave custody to dad.
Judge Michael P. Jergins’ Bizarre Rulings
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Judge
Michael Jergins
395th District Court
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Charlie’s dad
met the Honorable Michael Jergins on September 18, 2002. Charlie
learned about the shocking judicial ruling when his mom picked him
up from school and took him home with her.
The judge had
told his dad: “Ms. Lincoln will pick up the child from school
today. You’re not to go get the child out of school. Do you
understand that, Mr. Lincoln?” Transcript 9/18/02, at 87:
11-13.
The judge
didn’t want Charlie to know the whys or wherefores of anything
related to the judge’s total reversal of the original ruling. He
knew his mom had been arrested for biting and stabbing his dad a
few months earlier when she called 911 accusing his dad of
stealing the family car. And then when the deputy came to their
house he saw his dad’s bleeding arm and after talking to everyone
the deputy figured something serious was going on. The next thing
that happened, his mom had an “emergency family violence
protective order” entered against her, and she went to jail. His
dad ended up getting her out right after the weekend.
It was a few
weeks later Charlie became terrified of his mother and his dad and
mom separated.
This new Presiding Judge Jergins
really seemed to have some odd rules that cannot be reconciled with known
court rules, statutes or case law including Child Protective
Services. For instance, Judge Jergins told Charlie's parents:
“There are
going to be certain injunctions and restrictions regarding
possession and access and regarding dealing with the child.”
9/18/02 at 88:3-5.
“There are to
be no messages communicated through this child. That means, no
“Tell your mom this,” no letters sent to mom through the child, no
exceptions. Do you understand that? Do you understand that?”
9/18/02, at 88: 18-23.
“You hand him
a letter and say, “Take this to your mom,” you’re going to jail,
absolute, no questions about it. Do you understand that?”
9/18/02, at 89: 2-4.
“There is to
be no discussion of litigation with the child. You are not to ask
him what he told the Judge. You are not to ask him what he wants
to do. You are not to ask him about the court case, whatsoever,
and you admitted to me you did that.” 9/18/02: 20-25
“There is to be no disparagement of the other party
allowed, period. You are not to disparage the other party, nor
allow the other party to be disparaged in your presence,
absolutely no way.”
9/18/02: 14-18.
Charlie was
very upset about the sudden way things turned around. He called
his dad 92 times the first week he was living with his mom. He was
also very confused, for instance, the first
judge wanted to talk to him privately but this second judge
didn't even ask to see or talk to him. Charlie wanted to know from
his dad if
he could at least write to the judge to make an appointment to
speak with him. It seemed logical since the social worker said
that only Charlie could speak for Charlie. Being extremely
bright he was accustomed to writing letters on his own so he
asked his dad if he could write to the judge. His dad told him it
was okay as long as he would do it all by himself without any help
from anyone.
Charlie sent
his letter and was then more than a little shocked that the new
judge didn't want to talk to him. In fact, Judge Jergins almost
put his dad in jail on
February 19, 2003 because of the letter.
The below is a typed version of what Charlie wrote;
a reduced handwritten copy is in the left column.
[Click
to continue Bizarre Rulings below].
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