Texas Governor: Demand Due Process in Burnet County Tx - Case 41790

Texas Governor: Demand Due Process in Burnet County Tx - Case 41790

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Family Court Reform started this petition to Texas Governor and

So far we are aware of five cases in Burnet County Courts, Judge Linda Bayless' courtroom, where due process is not being allowed, court hearings are being held without notification to the parties, ex-parte communications are common, court orders are signed without hearings, judicial bias in Judge Bayless' courtroom is determining the outcome of the case (which attorney you have representing you has more merit than all the facts of your case), etc.   Higher courts and legislature need to demand due process and the legislature needs to impeach Judge Bayless, Burnet County Court at Law.  Please sign in support of these actions. 

This case is the most egregious one found so far and cant proceed with the Tx Supreme court because Judge Bayless hasn't denied or accepted the Bill of Review.   
http://search.txcourts.gov/Case.aspx?cn=19-0990&coa=coa16 
or 
http://www.search.txcourts.gov/Case.aspx?cn=03-19-00651-CV&coa=coa03

This case has now resulted in the child being severely alienated from his mother.  The mother has ZERO communication and visitation with her child.  The child refuses all attempts at communication.  The father hides the child from the mother when she tried to get visitation.  The father keeps the child home from school when the mother has tried to pick the child up at school for visitation.  The mother has not heard her child's voice or even seen a photo of him for almost a year now.  All this has happened over the course of many years of this sitting in Judge Bayless' court.  There have been no hearings allowed in this case since 2016.  Any actions are based only on private meetings in Judge Bayless' chambers where opposing counsel feeds the Judge lies.  Petitioner is never allowed to attend these meetings or object to these lies with proof.  In the last meeting Judge Bayless had in her private chambers Judge Bayless told the Petitioner's attorney multiple times that if they tried to file any motions against the alienating Father that the Judge would put the Petitioner in jail for 6 months and reduce her to supervised visitation.  

Issues Presented Regarding Judge Bayless, Burnet County Court At Law Judge

Issue No 1 - The trial court / Judge Bayless failed to notify the Petitioner of its intent to enter final orders and no motion for final order had been entered.  Judge Bayless signed final orders in her private chambers without any hearing and without notifying the Petitioner. 

Issue No 2 - The trial court / Judge Bayless received proposed final orders ex-parte via email from opposing counsel Trey Brown. Judge Bayless and opposing counsel failed to include the Petitioner in their ex-parte email communications regarding its intent or desire to enter final orders.    

Issue No 3 - The day after Judge Bayless received the ex parte proposed final orders via email from opposing counsel, Judge Bayless signed and entered those final orders in her chambers without any hearing Dec 1st, 2017, and without Petitioners knowledge.  (Petitioner had only been without an attorney for 72 hours, Judge Bayless and opposing counsel Trey Brown both signed the agreed order releasing Petitioner's attorney just 72 hours prior.)

Judge Bayless signed final orders in her chambers without any hearings on this case for several years.  Judge Bayless has based her decisions solely on lies and manipulation given to her by opposing counsel without allowing any hearings,  without seeing any evidence or witnesses.   

Judge Bayless unlawfully ordered things like:

  • Possession of the child that is against 5 years worth of statements from the child's two different therapists.   Both the child's therapists say that is some of the worst alienation they have seen but Judge Bayless won't listen to them because she listens more to the lies told to her in her private chambers by opposing counsel. 
  • Less than standard visitation for the Petitioner (who was previously ordered the primary parent).  No reason at all was given for this schedule and the petitioner was never given the opportunity to see this proposed visitation scheduled before it was signed in the judge's chambers without a hearing. 
  • Arbitrary child support amounts to be paid by the Petitioner grossly over what income supports.  Father has millions of dollars in properties, vehicles, toys, lives in a million-dollar home on Lake LBJ.  Mother has a below-average income and was ordered to pay the father twice what her income supported.
  • Egregious and completely false back child support ordered.   Mother was ordered to pay this egregious child support for years past when visitation with the child was 50% to each parent. 
  • Judge Bayless has ignored years worth of many multiple violations of the Children's Bill of Rights.  Father continues to blatantly violate the Texas Children's Bill of Rights with no recourse whatsoever. 

Issue No 4 - There was no notice to the Petitioner who was pro se at the time after the final orders were entered.  By law, notice has to be sent of any orders entered meaning that if there is any order signed they have to let you know by certified mail so that you can respond to it or appeal it.  This never happened and any time to appeal passed without the petitioner's knowledge.   

Issue No 5 - The court has refused multiple requests for a hearing or a decision on the bill of review that was filed by the Petitioner (because the time to Appeal had passed due to the lack of notification) and the judge has stated to both Petitioner and opposing counsel that she is going to deny the bill of review without a hearing. Judge Bayless has made it clear that she will put the Petitioner in jail for 6 months and only allow her supervised visitation of her child if she continues to pursue the bill of review to correct the errors of the court.

Issue No 6 - The  court improperly determined the punishment and final order of the case depriving Petitioner of substantial rights and her determinations of this punishment was from information obtained outside of any court setting and without a hearing

Issue No 7 - Judge Bayless refused to recuse herself when there was more than sufficient evidence to prove a violation of due process and unquestionable bias.

To date, the Petitioner has incurred in excess of $100,000 in expenses and legal fees fighting these unlawful orders over the past two+ years.

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At 2,500 signatures, this petition is more likely to get picked up by local news!