On Monday I returned to the Middlesex County Courthouse to have our custody modification heard by a judge regarding the relocation to California. This is the trillionth time I’ve been to the court house in the last year to file for dissolution, sign sworn financial affidavits, attend parenting education classes with a group of people who you’d wish would never have become parents in the first place, file appearance forms, file modification forms, arrange to have the other party served and deposit half of my savings account in court fees.
So imagine my glee at having to repeat this process, not six months post-divorce to have our new shared-custody arrangement sworn in by the family court judge. Which is why I spent the week before dreading telling myself and everyone I knew that this was for a really good reason. And it is. But that won’t stop me from complaining.
If you have as of yet spared yourself from having to enter family court for any reason let me give you a little insight into what the process is like: HORRIFYING.
There, that is all the insight you need.
In more detail it goes like this:
Once all your paperwork is in order (although people with incomplete paperwork still somehow manage to show up and slow down the system) you receive a summons from the court saying come to the 4th floor on day X at time Y, show up at least 30 minutes beforehand. In the case of family court it is always a Monday at 9:30 am. After an early-morning frisk by security, you proceed to the 4th floor with about one hundred other people all congregating like a herd of sheep into a wide, empty hallway. No one knows what to do as you have been given no further instruction. There is one bailiff, a minimum wage worker who is too busy texting to look up and knows enough by now to realize its better never to make eye contact otherwise people will start asking you things like, “what do we do now?”
So the sheep all stand (there is nowhere to sit, and you aren’t allowed to sit on the floor it’s the one thing the bailiff will tell you) shifting nervously from foot to foot. Until someone seasoned in the system steps forward and signs their name to a white board with 4 sheets each numbered 1-18. After which the mob descends, anxiously trying to get their names highest on a list that they really don’t know why they are signing their names too. At 9:29, a minute before court opens, the lawyers descend. Like the bailiff they don’t make eye-contact with us stupid sheep. They disappear into conference rooms that dot the hallway, which the rest of us are not allowed in. At 9:30 the herd is ushered into court by the bailiff. After the judge does role call you are dismissed without direction back into the hallway.
This time a door is open that wasn’t before with a white paper sign that says “court services” taped to it. One person thinks to form a line outside of the door, within three seconds the other ninety-nine rush to follow suit. The Court Services Officer is meant to review your paperwork to see that everything is in order. If not, he is supposed to mark your case incomplete so the judge knows to skip it, and give direction as to how to secure your missing forms. Since this was not my first time at the rodeo I was prepared and knew my file was complete, furthermore I know they need to make copies of everything and I saved the Court Service Officer the effort by having made two sets of copies of everything ahead of time. I had every “I” dotted, every “t” crossed and every sheet notarized whether it was required or not. I know the game and the game is brown nose.
Before you can see the judge, but after you have seen the CSO, you must meet with case management who approves your file and helps to negotiate a written agreement for those people who do not come with one. Let me break here to say I think it is ludicrous you can show up to a hearing without a written agreement already in place, was that not the point of the six weeks between when you submited your motion and your court appearance?
Logic would follow that once you saw the CSO and he confirmed all of your paperwork was in order your file would be given to case management so that they knew who was ready and who was not. Naturally, this is not what happens. Instead in what I can only assume is intended to maximize distress on an already stressful day, the case managers proceed as follows:
First seen, anyone where one or both parties have an attorney. ANYONE. Whether they have agreed on an arrangement or are spitting in each other’s faces in the hallway. Case managers must stay with a party until the case is resolved so to make their way through the 18 cases who signed up on the sheet marked “Parties with one or more attorneys” can take 20 minutes to get through or 4 hours. And without even a hint of exaggeration I can tell you it took 6 hours alone to make it through this list.
Did I mention there are only two case managers?
What do those of us who filed “pro se” (without a lawyer) do during this time? NOTHING. We stand in a hallway for SIX HOURS. There are no seats and you are not allowed to sit on the floor. You are not allowed to have food. You are not allowed to have beverages. Cold air is blasting from the ceiling vents with the explanation that they have found hot people are more volatile than frozen ones. You could presumably leave but no one will tell you when your case is likely to be called and if you miss it, you are removed from the list. I am assured by people in the know this is similar to the interrogation-resistance training military members are put through; extremely cold temperatures, prolonged periods of time in uncomfortable positions, denial of food and water. Check, check, check, check.
Pause for a minute to consider why people are here in the first place; they are getting divorced, they are filing restraining orders, they are fighting custody, or arguing paternity. All around a happy, agreeable group, no? So for an indefinite amount of time, in extremely uncomfortable positions, where no one will acknowledge your questions you are forced to stand next to the one person in the world you could not dislike more in that moment, your spouse/ex-boyfriend/ex-girlfriend/baby daddy.
In my six hour wait I saw a very young couple fighting paternity claims threaten to maim one another in front of a court officer, which resulted in issues of arrest. I saw one girl rip hair right out of another’s scalp. I heard husband’s plead with wives to talk. I heard new wives lambast ex-wives for dragging the family back to court. I saw many a man stare at his shoes with an intensity usually reserved for video games or the Superbowl in a desperate attempt to avoid his wife’s seething gaze.
When my case was finally called by a case manager at 3pm I had been there for 7 hours. I presented my already agreed upon, typed and notarized agreement and its photocopy to my case manager who said, “well that was easy” and walked my file over to court. In total I sat in her office for 2 minutes about 90 seconds of which was spent looking for her pen.
Once in court I sat and waited to be called in front of the judge. In the mean time, because you are forbidden from doing anything else, I sat facing forward and listened to the cases being heard before me. Of all the indignities suffered during the course of your court date, the hearing is the worst. In front of a room full of strangers, the judge airs all your dirty laundry. I actually turned red from embarrassment for the couple called before me. They were filing for divorce and as the judge read aloud had amassed an incredible amount of consumer debt (north of $55,000), had lost their home to foreclosure, he had been carrying on an extramarital affair and was arguing that she had been neglecting her marital duties and had refused to have sex with him for the past five years since the birth of their children.
ALL of this is read aloud. And those were just the “important points” of the agreement. Apparently, there was much more we were spared from hearing.
Finally, at 3:30, 7.5 hours after I had arrived that morning the judge called my case. After being sworn in by the clerk and stating my name and address to the transcriptionist the judge perused our written agreement and said:
“This looks agreeable to me, if you have no questions Ms. Dinnen, I will swear this into the court file.”
And with that I was dismissed. Not another word was spoken.
And if I hadn’t been so relieved it was over, and hungry enough to consider how necessary my left hand would be to my continued survival minus a finger or two I would have stood up and said, “ARE YOU FREAKING KIDDING ME?!”
But I didn’t. Instead I raced out of the courtroom because it was now nearly 4pm, I hadn’t eaten or drank anything in over 8 hours, and I had to drive 45 minutes cross state to pick Wyatt up from daycare.
I have never been more tempted to develop a drinking habit than following my two court appearances. But since Wyatt forgot to bring his fake id to school I had to settle for the next best alternative:
SHOPPING.
So while Wyatt munched on chocolate filled Easter eggs from Lindt I bought myself a new work/computer bag from Dooney and Burke. If you saw my old computer bag, if one-year post purchase can be called old, you would see why I had to put Old Yeller down, from the mange, and the staining, and the airport security belt black mark.
Old bag (please ignore the background disarray):
![2012-03-05_17-54-13_525[1]](http://whiteelephantsdotnet.files.wordpress.com/2012/03/2012-03-05_17-54-13_5251.jpg?w=529&h=395)
New Bag:
![2012-03-05_17-53-33_439[1]](http://whiteelephantsdotnet.files.wordpress.com/2012/03/2012-03-05_17-53-33_4391.jpg?w=529&h=708)
And after snagging my new bag (on clearance dear!) and eating approximately 1,112 Lindt Easter eggs after Wyatt went to bed I felt remarkably better.