A disturbing legal trend in family law shows an upswing of abuse of Vexatious Litigant motions. These motions don't belong in family law cases. When one parent , with money, is intent on silencing their ex, they simply file this motion to lock the other side out of court. In Santa Clara County Judge Grilli has declared immigrant parents, with poor English Skills, fighting for custody of their children as Vexatious. Judge Grilli, like so many other judges, appears to be using these motions in an extreme abuse of power. Usually a judge just wants to shut one side up, even when that side is fighting for their most fundamental rights. On December 8, 2015 Court Watchers for John and Jane Q Public finally got to watch one such case up on appeal at the Ninth Circuit . Hopes are this will put the tomfoolery of these labels on family law litigants to rest. Courts appear to struggle with this issue. And they should. Vexatious Litigant filing has no place in a standard divorce , but it is being used as a weapon. It should be removed as an option in a divorce where one side is self represented. The attorney in this argument does a good job illustrating for the Court why Vexatious Litigant motions have no place where custody, support and property issues are at stake. He explains the " pre- filing" is nothing more than a sham, and that in fact since you need a lawyer to not be vexatious, the law actually creates a fee for service, locking out 50% of family law litigants who usually end up self-represented. The court seemed focused on if the person sued is the correct party . We hope in their opinion the court will focus on the ambiguities of the law and that it has no place in family matters where property and custody issues are at hand. We also note that if the chief justice , who maintains the list isn't the correct person to provide relief, then that might mean every judge who entertains a motion on a vexatious litigant , would be the appropriate party to sue to get relief. Perhaps tit for tat. If a family law judge declares one litigant vexatious, usually because that family law judge couldn't handle the case in the first place, maybe that judge could and should be sued, and where immunity would not apply because it would be in their official capacity. The state should consider the costs of that. Have you been labeled vexatious in a family law case. Email : caljohnqpublic@gmail.com and we will try to help.