SHATTERING THE LIFE OF A 3YR OLD

The Judge Daniel D’Alessandro Case FM-09-1928-14A

When a marriage ends without mutual consent, there is always one party whose dreams are demolished, one party who feels betrayed. There is that spouse that had a vision of raising her family a certain way. That spouse, is the victim. The victim feels hatred, bitterness, shame. I recognize and respect that.

Depending on her values, reason, upbringing, that party may bypass the best interest of her child and seek revenge that most of the times destroys everyone except for the lawyers involved. That is what thousands of divorce horror stories teach us.

What is also a fact, is that the ‘perpetrator’ also had dreams of raising a loving family. Dreams that could not materialize. He is not a monster, a criminal, a lesser man…he is not a BANK. He is a human being, he is a father, he is a US citizen with equal parental rights. Divorce is not outlawed in the United States. It exists for a reason; to enable citizens to better their lives and the lives of their children.

A Judge is a professional who needs to be aware of this reality. His primary responsibility is to uphold the best interest of the children involved. He needs to create an environment that allows both parties to start their lives anew without anyone being destroyed, financially, emotionally, physically.

I seek the help of the NJ Family Court system to prevent my bitter wife from raising our kid without a father, from taking my son away from me. Alas, here is what my family’s reality was before and after Judge D’Alessandro and the NJ Family Court system put their hands on us:

 

Judge D'Alessandro's performance evaluation

 

Shouldn't every Judge be evaluated with a flashcard like the above?

Judge D’Alessandro impoverished me and my ex-wife at the expense of our son. When I could not recover financially and emotionally from this, he piled on and turned me into a “CRIMINAL”. I am 36yrs old and I have never been convicted of a crime or committed violence against my wife. I am being criminalized by a rogue judge in a rogue court system.

When I was at my most vulnerable this monster stepped all over me like a sadistic pig. He let a vicious unethical lawyer, Brad Micklin, whose only objective was profit, to totally destroy my family. Totally destroy my career and financial achievements of the past 13 years. He left my wife unemployed by selling her the fake promise that if he ordered money to appear in my bank account they would magically appear. Above all he left my son orphan of a father by throwing me on the streets.

 

Judge Daniel D’Alessandro, November 14 hearing, Transcript pg. 23 line 4:

“While it is true you should be at work today, while it is true you should be at work on Tuesday, it is true that you can’t because you have to be here and I don’t see anything in the motion to suggest that it is harassing you”.

 

Judge D’Alessandro violated my Constitutional rights, Federal law, and State law as follows:

  1. Left me with $389 per month above the poverty guidelines to live in Hudson County, New Jersey. This is a violation of the Federal Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §1673 et seq.

  2. Judge D’Alessandro never gave me a full and fair hearing as to the determination of my ability to pay the current 87% of my NET salary to Defendant. This is a violation of the New Jersey Code of Judicial Conduct, Canon 3(A)(6).

  3. Suspended my parental rights without ever conducting a parental rights custody or termination hearing. This is a violation of the laws of this State, N.J.S.A. 9:2-4.

  4. Threatened me with contempt and imprisonment for debt in violation of the New Jersey Constitution, Article I, Section 13—Prohibition Against Imprisonment for Debt in ANY action.

  5. Judge D’Alessandro has also threatened to incarcerate me for not turning over my American and British passports. He has no legal authority to order me to turn over either of my own passports, especially my British passport.

  6. Judge D’Alessandro ordered me out of my residence depriving me of my right to work. This is legalized peonage and forced labor in violation of Federal laws, 18 U.S.C. §1581 and 18 U.S.C. §1589 (Forced Labor).

  7. Judge D’Alessandro is the epitome of a “bully”. Bullying is outlawed in the State of New Jersey. I have committed no crimes or violence against my former wife, yet I am being treated like a criminal and being threatened with imprisonment for debt or imprisonment for inability to comply with a court directive.

  8. Judge D’Alessandro’s judicial discretion is limited by the fact he must consider the facts and the law first before he can make his arbitrary decisions. State of New Jersey v. Madan, 366 N.J. Super. 98 (App.Div. 2004) defines in detail what “judicial discretion” is. Judge D’Alessandro has not done this. He uses his own personal biases and hatred of this litigant first, and then fits the facts and the law into his personal biases, which is an improper and criminal use/abuse of discretion.

  9. By Judge D’Alessandro failing to address and consider my points, and ignoring them altogether, my fundamentally secured substantive and procedural Due Process Rights and Rights Under Equal Protection of the Laws was violated.

 

These matters involve laws that are already in place that Judge D’Alessandro is keenly aware of. These matters DO NOT need to be appealed because the law is the law, and Judge D’Alessandro is violating the law. He cannot just “willy-nilly” make up the law and rules as he goes along. Therefore, Judge D’Alessandro is in violation of New Jersey Code of Judicial Conduct, Canons 1, 2 and 3 for failing to uphold the law, failing to uphold competence in the law, and for failing to follow the law.

 

 

 

Judge Daniel D’Alessandro’s conduct is analogous to being pulled over on the side of the road by a police officer because I was speeding where he pulls out his gun and just executes me on the side of the road, without a ticket or any hearing whatsoever.

 

Click below to read my detailed complaint to the NJ Advisory Committee on Judicial Conduct (ACJC) responsible for investigating allegations of unethical judicial conduct. I list here in detail the Constitutional rights, Federal law, and State law that Judge D’Alessandro violated.

 

 

Attorney representing me in the last hearing, December 22, Transcript pg.28 line 14:

“Your Honor, as we state in my client’s certification, he’s under medication, he is ill. He has asked her directly, let me see my son. I don’t get to see my son, the more you fight me the more sick I am, the less I’ll be able to work. The more you fight me with respect to all this money you want me to pay that I don’t have, the less I’ll be able to work. Both of those things he has said to her. They are taking random statements out of context and trying to say he is a bad guy. Your Honor, this is a family case. I think dollars and cents are looked at and we would request an ability to pay. How long has he been out of work? How much money did these parties have in their joint account when they separated? How much is Miss L----- earning now? These are things, your Honor, that need to be answered prior to some arrest warrant going on this early into the proceedings. Miss L----- still has a roof over her head. My client, even though unemployed and accruing lots of debt from people he’s borrowing from, who can come into court under oath and show the money they lent him, she has somewhere to stay. Your Honor, and he is paying for that. So, I don’t believe that a warrant at this point for an unemployed man is --- is reasonable”

 

 

 

Following the above argument, and thus having no legal basis for incarceration….Judge Daniel D’Alessandro decided to punish me by issuing an arrest warrant because I did not “surrender” to him my American and British passports. I don’t have to. The Court has no jurisdiction or authority to take my passports. As for the fact I have to “surrender” my passports, I didn’t know that the government was at war with the people. I’ve heard such things, as the War Powers Act under President Lincoln was never rescinded, but I find it hard to believe that. If the U.S. or N.J. government is at war with its people, then maybe I and my son should apply for asylum with the Greek or British embassy, since I am Greek and British nationality. Then the “Judge” proceeded to suspend all communication I could have with my child. His argument shown below is laughable, an alternative motive, a bias against me is prevalent. His own words undermine his arbitrary decision:

 

 



December 22 Hearing, Transcript pg. 33. Discussion between my attorney and the Judge:

JUDGE D’ALESSANDRO: Your cross-motion is no longer before the Court. You’re asking for week night parenting time.

MS. KHALIL MAKSOUD: Phone parenting time, too, as well.

JUDGE D’ALESSANDRO: I suspended it.

MS. KHALIL MAKSOUD: The phone parenting time?!

JUDGE D’ALESSANDRO: I suspended all parenting time because I don’t know where the gentleman is and because he’s violated a Court order by not surrendering his passport.

------



MS. KHALIL MAKSOUD: -- if I may just ask the Court. I don’t understand why Skype or phone time, one has to do with the other regarding support. He owes money for child support. My understanding of case law is that phone parenting time which, clearly, he would be under the supervision of his mother, would have no impact on the support obligations. I mean they are separate and apart.

JUDGE D’ALESSANDRO: They are separate and apart.

MS. KHALIL MAKSOUD: The reason he filled the cross-motion is he wanted to resume a relationship. He feels to date, because of his financial situation, the fact he’s unable to work due to his illness is all being used to hurt his relationship with his son.

JUDGE D’ALESSANDRO: Counsel…for the fact that he hasn’t surrendered his passport, you don’t know where he lives, there’s an allegation that he may be in California, there’s reasonable concern that he might leave the country again because he left the country before, for all those reasons parenting time is temporarily suspended.



 

“Temporarily suspended” in reality is just sophistry and rhetoric for termination of parental rights.

 

In 1976 Daniel D’Alessandro founded the law offices of D’Alessandro & Cieckiewicz, P.C. (http://www.dadlc.com). Their motto is: “Lawyers Dedicated to helping Families for Over 35 Years.” I wonder what their clients would think if they read what this animal did to my son. 

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