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Realize - Equality - Actively - with Love
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False Allegations


I am a law abiding citizen, have served on a grand jury, have never been arrested and don't even have a parking ticket. I do not have the money to continue the legal fight against the State of Michigan for my children's and my rights. I cannot accept that what has happened to me should be allowed to continue. I ask for whatever help you can provide.

My civil and parental rights have been interfered with and all but destroyed by the State of Michigan Circuit Court System. I have followed all of the laws, rules and regulations to no avail. I contacted the State of Michigan Civil Rights Commission and was referred to another organization, which ignored my complaint. Worse than that, the Chief Judges of two Michigan Circuit Courts have ignored the "Friend of the Court" law that they are responsible for and have left me no place in the State Court System to go.

This is not about a divorce case or a "he said/she said" matter. This is about the legal system ignoring its responsibilities and acting "above the law."

I last saw my children exactly two years ago. The divorce was in 1991 and custody has never been finalized. The Wayne County Michigan Friend of the Court was ordered two times to resolve the visitation and custody issues by the Wayne County Circuit Court. Each time, they refused to comply with the Court's order. The visitation issues were then transferred to Oakland County Michigan and then to Macomb County Michigan. Again, Macomb County refused to comply with the Court's Order. The "status quo" was allowed to fester for six years.

Shortly thereafter, my ex-wife had false child abuse charges filed against me. Wayne County Children's Protective Services investigated the case, interviewed my children and myself and found the truth that there was no abuse. She then filed the same charges with the Wayne County Circuit Court. Children's Protective Services came to Court to testify as my witness twice. The Wayne County Friend of the Court Referee said, "We are going to start all over" and ordered a Guardian Ad Litem, testing, and supervised visitation by the Guardian Ad Litem. This was despite having the Children's Protective Services Report, knowing that I didn't have the money to comply with such a ruling and admitting, that the system failed by saying "we are going to start all over." The Circuit Court Judge upheld her ruling.

I contacted the Governor's office and they suggested that I contact the Michigan State Court Administrative Office. The law places the responsibility on the Chief Judge of the Circuit Court to respond if the Friend of the Court doesn't or if I appeal the Friend of the Court decision. I filed complaints with the Wayne County and Macomb County Friend of the Courts. Both ignored me. I then followed the procedure and filed appeals with the two Chief Judges of Wayne and Macomb Counties. Again I was ignored. The State Court Administrative Office and the Michigan Department of Civil Rights both suggested that I file complaints against the two Chief Judges with the Judicial Tenure Commission. I did and they dismissed the charges against the Chief Judges saying that they "are not an appeals court."

I am at my wit end and sincerely believe that I will never see my children again if someone doesn't intervene. The Friend of the Court and the Courts of Wayne and Macomb County ignore the law and my children and I pay the price. I have gone from a father who would never miss a phone call or visitation to one who may be seen as "abandoning" his children, at least from their perspective.

I have been told that my case is not that unusual--that makes the situation even more hurtful. Something has to be done. If you can help us in any way, I would be eternally grateful.

James Rourke




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Last modified: March 01, 2001

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