For years I have been told of the horrors of the family court system – now I am seeing the system up close, and much of what I have heard appears all too accurate.
On Thursday, Judge Johnson once again changed the orders in the case of Benoit v. Gilson. He gave custody of five children to a convicted felon and an accused rapist. He did this, he claimed, to force Claire Benoit to come back to the country so that he or the courts can proceed with a proper evaluation of the wellness of the kids.
In fact, several people who were at the court said he was at a loss as to the proper thing to do here. He certainly was not about to put the kids into the physical custody of Eric Gilson, but instead wants them back and will put them, at least temporarily, in foster care.
While his frustration is understandable, it still remains unclear why he insisted, in his capacity as visiting judge, to undo what Judge Kathleen White had put into place. She was going to conduct a trial in October, even with the mother and kids in absentia, and then deal with the ramifications of the failure to follow court orders and the like.
Several lawyers have privately told me that they put the blame here on the mother. She is in clear violation of court orders at this point. She now faces potential arrest and removal of her kids.
Had they returned, some say, the system would have protected her kids and she would be in the driver’s seat.
While I respect the view of my lawyer colleagues, these are not family law attorneys and they have an inherent trust in the system that Ms. Benoit does not possess. Her instinct is to protect her kids, and this is the only way she seemed to know how to do so.
From the perspective of Deputy DA Tiffany Susz, of the Yolo County Child Abduction unit, her correspondence indicates that the court has made changes to the custody order, saying that “the Court ordered sole legal and physical custody of the minor children to Mr. Gilson with the condition that the children be placed with Child Welfare Services upon the children’s return to the United States and not to the physical custody of Mr. Gilson.”
In addition, the court has ordered the child abduction unit to “take all necessary steps to obtain the return of the children. The anti-abduction orders and orders for Ms. Benoit to return the children to the United States remain in effect.”
At this point, Ms. Susz claims they are “willing to pay for all four children’s return tickets to the United States, along with Ms. Benoit’s ticket, to assist Ms. Benoit with complying with the Court’s orders to return to the United States, Yolo County jurisdiction.”
In her letter, she notes, “I want to be clear there is no other motive today in offering Ms. Benoit our assistance to facilitate the return of the children. At this time, there is not a felony arrest warrant for Ms. Benoit. Our unit is acting pursuant to the Court’s order to assist in securing the return of the children to the United States. As you know from the Court’s order, upon the children’s return, the children will not be given to the physical custody of Mr. Gilson.”
Ms. Benoit notes that she left the country on a pre-scheduled trip to Europe and simply did not return as planned as this case advanced.
She writes, “Eric has never had any custody nor access rights to my two youngest children. He was at neither birth, is on neither of their birth records, and had no involvement in their lives.”
She notes that her leaving the country “is not and was not illegal; which is why I have not been charged with child abduction and did not require Gilson’s permission to procure passports for my children. Eric had not even exercised his newly established supervised visitation rights at the time of my departure.”
Where does that leave us?
A lot of that will be determined by what Claire Benoit chooses to do. Will she comply with the ruling by Judge Johnson and accept the DA at her word?
Will Judge White continue with the orders that Judge Johnson set forth? Or will she re-institute what she had already laid out? It seems probable that too much has changed for Judge White to simply go back to where things stood in late June, but who knows.
Attorney Kim Robinson had attempted to have Judge Johnson removed from this case, but her writ was summarily denied by the appellate court. She has the option this week to file a writ with the state Supreme Court.
The bottom line is, stay tuned – because this case is far from over.
—David M. Greenwald reporting
I would have complied with any orders that did not pose an immediate threat to the health of my children. Even now the DA states that my kids will not be immediately placed in the care of Eric, but they’ll be in a foster home. I do know there are some good foster homes out there, but again – just the placement will be highly traumatic – even if the very best of homes. And if unlucky in placement; I have to say the requirements to become a foster parent are not as high as they should be. I have seen far too many foster homes where the kids are being spanked, watched over by older foster children (some who are known to have very serious problems), and fed the tablescraps from the family… The sad part is many foster kids come from such abusive backgrounds that they won’t recognize these things as abusive.
Not so with my kids. They would feel very mistreated on top of the trauma of separation.
Also looking at the statistics of abuse and fatalities in foster homes is not the least bit comforting. It is exponentially higher across the board than kids living with their parents. (Again not to say that all foster homes are bad, just that the risks go up).
This is problematic because my children are being threatened with removal for… my traveling to Europe with them… and failure to comply with orders that placed them in the unsupervised care of a mentally unstable convicted violent felon who has been a virtual stranger to them and is on record as having conceived the youngest by way of rape.
The court owed me and my children an apology several months ago. And I do understand that liabilities would not allow them to be so direct about that. But the recent course of action Judge White effected was “good enough”. Johnson has undid that and to most parts of the civilized world – this court looks totally crazy. And I look like any mother who cares about her children would.
Hitler was one of the greatest rulers the world has ever known. And based on his title was “deserving” of respect from the German citizenry for a solid decade. I would like to believe I’d have not complied with his orders either. People admire so much of history but are downright cowards when it comes to their daily lives.
I will do all I can to stay legal – my investment in an attorney was big part of that. Unfortunately Judge Johnson rendered that completely useless by undoing all the progress I paid my attorney to make on this case. What really is the point of an attorney? On my attorney’s behalf – what is the point of everything she learned in law school, if the laws can be disregarded on the whims of a retired… visiting… judge?
While intending to do all I can to stay legal and protect my children, I will say that Tiffany Susz and Judge Johnson are LESS deserving of respect than Hitler. Their actions are criminal and threaten serious harm to innocent children as well as extreme emotional distress to their mother – a survivor of domestic violence.
Unlike Hitler, their criminal actions and abuse of power are not coupled by any sort of brilliance. Therefore, less deserving of respect.
MamaBear
You have my sympathy and all my best wishes. However, I do feel the need to point out to you that your references to Hitler in the same post with the Yolo County officials does not strengthen your case, and for some may weaken it significantly.
I appreciate your sympathyTia. “Hitler” is an analogy. I thought I made that clear in my response to a post that has since been deleted by the author. My point is someone being a judge, a police officer, a district attorney, even a military officer or political leader does not entitle them to respect when their actions defy the sole purpose of their existence. A judge is supposed to administer justice and honor the laws. A police officer is supposed to fight crime, protect the vulnerable, and in some cases avenge the victimized. A district attorney is supposed to work within some context of these realms.
Reviewing my case, which is far too lengthy to do on DV at this point – it is very clear that none of the people involved in my case are doing that. Quite the opposite. So I don’t value much the opinion of lawyers who’d criticize me as deserving of my children’s lives and health being endangered based on my refusal to comply with orders that fall way outside the intended power use of these authority figures.
I used Hitler, because he was also an authority figure. Moreso than a local judge and DA… And I would hope I’d have fought him tooth and nail on anything I could imagine him ordering. I am only one woman; my children being threatened IS a holocaust for me. Just like it was for every individual person that suffered that tragedy.
If someone is looking to nitpick at my choice of words or metaphors in this very obvious “miscarriage of justice” that directly threatens the most important people in the world to me (my kids), then that person probably just does not like facing difficult truths. Yolo county has some very bad people in high enough places to cause harm. recognize that through my case (and others I have seen presented) and do something about it. Or else sit by and make excuses for the fact that these very sick people are confiscating my children to penalize me for a failure to appear for a civil matter… that I opened… as a DV survivor… and have employed an attorney to appear on my behalf.
All that said, is it really legal for Arvid Johnson to act as Judge in anyone’s case when his status with the bar association is “inactive”? That does not sound right to me. Do you know?
Continue to stand firm because the majority of the Yolo County judges, including visiting judges, no longer rule impartially and competently and no longer are in compliance of the Code of Judicial Ethics.
There are some good foster homes in Davis . If the foster placement was identified, would the mother come back? I think she has no other choice at this point.
ryankelly
Regardless of the quality of the foster family, separation from the only parent they have ever had is inherently traumatic particularly in this age group. If the guarantee were that the children could all remain in the care of Ms. Benoit in a physical setting similar to what they now have ( not a shelter) until a CPS assessment is made, I might ( and I stress, might) view this differently.
But I strongly object to paying taxpayer money to essentially hound this woman who is doing nothing more than what she believes is necessary for the safety and well being of her children. This is shameful on the part of Judge Johnson and the Yolo county prosecutorial staff.
Sympathy does nothing to resolve her situation. She has a choice. Come back and deal with this or live as a fugitive. If her ex is as problematic as he is described, he will eventually lose his case, lose interest and move on to the next woman. Right now he’s enjoying the attention and control over this woman that the D.A’s office is enabling for him.
So true.
Even the most exemplary foster home in the world would be a traumatic experience for a 2 and 3 year old child being separated from their loving mother (and possibly siblings). And for what period of time? And what good reason??? Since when did America become a country that takes people’s children away as a fine for a failure to appear for a civil matter??? (Even if we set aside the validity of my reasons AND the extra efforts I made to do so respectfully); how is this a normal penalty???
And let’s not forget that both my children have the dna of a man who is permanently disabled by serious mental illness… That is partially genetic. You really think I am keen on welcoming severe early childhood trauma on them?
Try as this crazy court may to imply otherwise, my children enjoying parts of the world with me (the only parent they’ve ever known)with higher standards of living than the US is not traumatic and hardly sets them up to be mental cases like separation anxiety will.
And how am I supposed to behave while this is happening? What mother could be anything but a nutcase when her children have been taken away and traumatized with zero APPROPRIATE cause?
I had to laugh when I read Eric’s frivolous ex-parte motion because he presented the “fact” of his having a large home in which to keep my children. He does not have a home. he lives in a home owned by his mother’s 3/4th husband. A man she vulgarly curses in anger for paying his ex-wife’s mortgage… Still on paper – it sounds great. Meanwhile Tiffster wants me to check into a public shelter in Woodland. How is that gonna look on paper? Nevermind how altogether uncomfortable I will be for that time. I am no princess but a public shelter in Woodland is certainly not a comfortable fit.
It just sounds like a thoroughly degrading experience that could succeed in nothing but schewing perceptions of reality.
Eric cannot and has never worked. I have supported these kids alone. The way the DA has handled this case has placed me in a hugely compromised (and misleading) position to return under their terms.
Which is why I say, yes they are devious – no they are not so brilliant because it is so obvious that they have created a losing situation for me. Losing I can handle. I don’t care about that. Placing my kids in a crappy position which will permanently damage them, is something I cannot and will not accept laying down.
Yes Hitler. If we are to give people respect and compliance based solely on their title remiss of their actions and intention – then HITLER was one of the greatest and most respect worthy leaders of all time.
But I think most of us know that a title is more worthy of being challenged than respected when that title is used to create harm and violate the human rights of others.
That’s the comparison. If you don’t get it, maybe you should do some crossword puzzles with Judge Johnson while the Tiffster tugs her skirt over her ass as she has in the courtroom when sitting down.
I see nothing wrong with the reference to Hitler. Sure, everyone (or almost everyone) now views him as having been a major scumbag – with the benefit of perfect hindsight. At the time he was rising to power and wielding power, many people supported him or at least “respected his office” or his title. Haven’t people on this very blog encourages all to “respect the law” and “respect the court” and even “submit to the court?” What complete hogwash. The reference to Hitler simply makes the clear point that such thinking is often inappropriate, mindless, or even dangerous.
I see no reason at all to trust either Johnson or Susz. His judgment is sorely lacking. What is she doing representing one of the parties in the dispute and also being an assistant da? She’s a former defense lawyer married to a tax lawyer. Does she have any knowledge relevant to this case? And, if “we” are supposed to trust that the children will be safe if MamaBear “submits” to the court, why did “Judge” Johnson order, “. . . sole legal and physical custody of the minor children to Mr. Gilson with the condition that the children be placed with Child Welfare Services upon the children’s return. . . “? Why not, if you are competent and honest, simply order the children be placed with Child Welfare Services and make no mention of Mr. Gilson?
It doesn’t take legal credentials or even much cognitive ability to understand that something is seriously wrong with this process and the government personnel running it. Oink!
OMG>>…2 and 3? yes, do not ever meet with any “social workers” from the US>…..the children will be snatched… OMG>>…
89 cases every hour in the US these days of children being taken and also adults…… some die while being “transported”>….
Please clarify this for me: Why is Judge Arvid Johnson able to handle my case when he is currently inactive according to the bar association. Is inactive the same as retired? Is it okay to practice law as a judge no less while your status is inactive? Anyone who knows, please explain.
Thank you
Attorney Search
<!–
NOTE: The deadline to pay 2012 Bar fees or comply with Group 2 MCLE requirements was July 2, 2012. Because fee payments with a July 2, 2012, USPS postmark may not be received by the State Bar until several days later, the membership status of some attorneys may not be up-to-date. For bar members who have not complied with annual requirements, status changes to Not Eligible will be made by July 16, retroactive to July 3.
–>
W Arvid Johnson – #43447
Current Status: Inactive
This member is inactive, but is eligible to become active.
See below for more details.
Profile Information
The following information is from the official records of The State Bar of California.
Bar Number:
43447
Address:
Assigned Judges Program
455 Golden Gate Ave
San Francisco, CA 94102
Phone Number:
Not Available
Fax Number:
Not Available
e-mail:
Not Available
County:
San Francisco
Undergraduate School:
Northwestern Univ; Evanston IL
District:
District 1
Sections:
None
Law School:
Univ of Illinois COL; Champaign IL
Status History
Effective Date
Status Change
Present
Inactive
5/2/2009
Inactive
1/13/1990
Judge
1/9/1969
Admitted to The State Bar of California
Temporarily assigned judges may be on voluntary inactive status. Inactive is not the same as retired.
Thank you for that information. How bizarre. I guess I just have to accept that this court is not going to do the right thing. My energy could probably be better spent elsewhere. These people are either evil or just totally stupid. A damn shame with all that power and those credentials.
Yeah. This case needs national press coverage. Maybe some of us can come up with a good investigative reporter or even entertainment hack fake journalist to much more broadly spread the word about this fiasco underway in Yolo County.