I moved to West Virginia, in April of 2000 after marrying Dolores Martin, a woman who was in bankruptcy and stopped her college education-midway–but a woman who professed to be a Christian and who, I saw, was a loving, Godly, family-oriented woman with huge potential.
Fifteen years after we married, (August 29, 1998, we lived in San Diego County before 2000) Dolores divorced me after I helped put her through college, helped her get a teaching credential and masters degree, helped remodel her home (she failed to keep the promise to put me on the deed) stood by her through five miscarriages and a stillborn, and fathered a child that she admitted, under oath, was brought into the world years AFTER she knew the marriage was over. (The courts are letting her get primary custody of our son-anyway!)
What am I getting in return for my love and loyalty? Judge Michael J. Kelly has limited my parenting time to every-other-weekend, with no overnights, has me paying her attorney fees, child support, and won’t let Matthew leave the state to visit my father, in California, where he lives with severe health problems that won’t allow him to travel to West Virginia.
It’s even worse.
In 2012 Kelly refused to let Matthew travel, with Dolores, (she was afraid I would kidnap our son and permanently move him to The Golden State) to visit my dying mother, Nancy. Without that final visit, Matthew’s grandmother died, while Kelly continues to lie and say that his mandated budget was never filed. (It was lost by the courts once, but included in a Father’s Day visitation motion that Kelly denied. That’s called “Gotcha” judge.) When I told the West Virginia Supreme Court about Kelly’s lie, and the robbery of Matthew’s final visit with his grandmother, they sat, silently, and, to this day, refuse to hold Kelly accountable for his evil screwup. Kelly also wouldn’t allow Matthew to visit me, for Spring Break, in Myrtle Beach, South Carolina. (I was working in the travel industry and had free passes to nearly every fun thing that a father and son could enjoy.) Matthew is being held hostage in West Virginia by Judge Kelly and the family court system.
Mentally stable judges encourage children to visit their grandparents. Mentally stable Supreme Court Justices don’t allow mentally unstable judges to prevent such visits. When the courts fail, mentally stable legislatures make laws to protect families. However, in West Virginia, my family was abused. And the abuse continues.
West Virginia claims to cherish family values. The truth is that in The Mountain State, Judge Kelly and the state’s Family Court system practices child and elder abuse with full permission of the West Virginia Supreme Court of Appeals which has been repeatedly rated a “Judicial Hellhole.”
What did Matthew do to be robbed of time with his father? (I have NEVER been accused of child abuse) A final visit with his grandmother? Visits to the beach, zoos, Dodger games and Disneyland? (Judge Kelly refused to order the beach and zoos to be moved to West Virginia–then arrogantly made fun of my suggested compromise). What did Nancy Halburn do to be deprived of a final visit with her grandson? Nothing! They are innocent victims of a psychotic judge and a corrupt court system that allows Kelly’s abuse and refuses to make public any official complaints about judges. The “probable cause” hearings are held in secret and the names of the Judicial Investigation Commission members that vote are kept from the public. Complainants are not even allowed to present their own case.
Kelly’s order banning Matthew from visiting his grandmother was under a “temporary” order that lasted a whopping 11 months. Under West Virginia’s Supreme Court rules “temporary” orders are not subject to appeal. That meant neither I, Matthew, or Nancy had any recourse to overturn tyrant Kelly’s order banning the final visit. In other countries they call this a dictatorship. In West Virginia such unconstitutional conduct is called “business as usual.”
In case you’re wondering about Matthew’s ability to visit his other grandmother, Kelly allows Dolores’ mother, Margaret, to live with him. Can you say “biased judge?” I knew you could.
When I do get to see Matthew, I have to pick him up – and drop him off – near my ex-wife’s home each time. This means four drives to her town each visitation weekend. From Kelly to the West Virginia Supreme Court, none of them will find a middle ground or alternating trips.
In 2012, while under the “temporary order” I volunteered Matthew to Dolores for Mother’s Day weekend. She refused to do the same on Father’s Day weekend and Kelly refused to make her. He has yet to order a replacement weekend. I also missed out on Easter Sunday, 2012, and Dolores violated the court order and refused to allow me any time on Easter Sunday for 2013. (Kelly ordered make-up time, for 2013, weeks later. However, the Easter activities that we missed were not available.) In the final order Dolores gets all day for Mother’s Day but I only get a portion of Father’s Day. Biased is Judge Kelly’s middle name. When I contacted then Chief Justice Menis Ketchum prior to Father’s Day, 2012–he crapped on the First Amendment’s “No Law” clause against petitioning government for grievances and ordered me never to contact the West Virginia Supreme Court. This worthless order came complete with a threat of prosecution. Ketchum was never prosecuted for his violation of federal constitutional law!
In West Virginia, I am paying taxes to an out-of-control government that is stealing my precious time with my son! It’s appalling!
You might be saying that there has to be more to this story. There is: In 2012 I published the now infamous video of Putnam County Family Court Judge William M. “Chip” Watkins screaming at Pastor Art Hage. The video “went viral” and after Supreme Court Administrator Steven D. Canterbury initially tried to cover Watkins’ misconduct and announced that The Putnam County Screamer would not be charged, I testified at his disciplinary hearing and Watkins acted like a punk when I told him to “Turn around and face me like a man.” Because of Watkins’ reaction, the disciplinary committee handed him a four-year suspension that was upheld by the West Virginia Supreme Court of Appeals-not because the justices wanted to (punish one of their own) but because they knew they were being watched by the world.
Watkins was allowed to collect pension credits until he, ultimately, resigned in November of 2013–or he would still be suspended from the bench–while fattening his pension. That’s another West Virginia Supreme Court rule designed to protect the Cretins in Black Dresses.
Meanwhile, it’s no secret that Kelly is paying me back for exposing Watkins to the world. (Kelly was appointed after Watkins was recused-he was Dolores’ bankruptcy attorney before we married) And he is retaliating against me with full permission of the West Virginia Supreme Court of Appeals. This includes Kelly sanctioning me for trying to recuse him and asking my ex-wife for a copy of her lawyer’s license. Once, when I paid the sanctions-TWICE-Kelly jailed me for two hours. (He blamed the clerk’s office for not getting him the first check but ignored me telling him SEVEN times that his secretary had the second check.) You guessed it, my complaint was determined to be “unfounded” by the West Virginia Judicial Investigation Commission, that panel of judges which exists, primarily, to cover the backsides of the judges that screw up. Nevermind that the courtroom video and documents prove Kelly to be a liar that violated my civil rights!
West Virginia often begs companies to move here and bring much-needed jobs. Why would they? Most companies are owned or managed by fathers. Why would a father move his company to The Mountain State and allow his child to be taken from him by the corrupt Family Law system? I didn’t move a company here-I started one. And, now, I only get 44 hours a month with Matthew. So this is a family AND an economic issue.
I’ve publicly called for reporters to be allowed into Family Law Court hearings. (West Virginia is one of 30 states that violates The First Amendment and does not allow the press.) Family Law Judges are protected by secrecy. So they regularly abuse without being exposed. While Family Law hearings are video recorded, parents are terrified of releasing those videos because they know judges will retaliate-as Kelly retaliates against me. (Pastor Hage’s children were all adults. He had nothing to lose by exposing Watkins). I’ve called for complaints against judges to be released to the public and that probable cause hearings be held in public. I’ve called for recall elections for all public officials, term limits for judges, and two year terms for judges-to hold them accountable. Currently Circuit Court and Family Law judges have eight year terms and are not subject to recall. I’ve called for child custody decisions to be made by juries of parents. (If you shoplift a $1 candy bar you get a jury trial.) Nothing is more important than our children but they don’t get the same rights to a jury hearing that common criminals get. I’ve publicly called for an independent civilian review board to deal with judicial complaint. But the West Virginia Legislature doesn’t care about judicial integrity. They’d rather see citizens get screwed in Family Law Courts. Is it any wonder that West Virginians leave The Mountain State every day? While the population of The United States grows each day, West Virginia remains under two million people.
One other thing: Both parents should be required to take a psych exam. If one doesn’t-child custody shouldn’t be awarded. In my case, I spent $800 for the exam and lost a day of work. Dolores refused to take her exam, was only fined $100 for contempt, and, despite violating the court order, given primary custody of Matthew. This is called a judicial joke! Judge Kelly ignored testimony by the psychologist that he personally (without our knowledge) observed Matthew and I playing in a park-in a completely acceptable and positive situation. Instead of focusing on that positive, Kelly continued his misconduct and focused on “personal conflict” issues made in my report. Of course, what Kelly failed to state, in our final order, was that my restricted parenting time was virtually the same as it was in our lengthy temporary order. Judges with agendas (Kelly is anti-father) will never be deterred or stopped by the truth. All that they want is whatever they want-no matter how unethical their desires are or how many people they hurt to promote their agenda.
I mentioned the 11-month “temporary” order. One reason was that Kelly violated Rule 22(b) and issued his final order two months late. When I filed a complaint the WVJIC said he has a large caseload. They let him get away with breaking the law! Don’t be surprised. Judges are allowed to break rules on a regular basis in West Virginia.
My motions to have the Court order Kelly to take a psych exam are still being ignored.
In West Virginia, Kelly and other child and elder abusers are allowed to run over the rights of children, fathers, and seniors without fear of discipline for their misconduct. Why is that? Because the ultimate child and elder abusers are the West Virginia Supreme Court Justices who enable the child and elder abuse of Kelly and other family law judges. It’s called Divorce-West Virginia Style. I am hoping that telling my story will embarrass the so-called “leaders” of The Mountain State into fixing these problems. But I am not holding my breath!
