What does it take for the Court to correct factual errors in an Order?
Referee Jason T. Hutchison (pictured above) continues to preside over my Family Court matter. As noted in my previous post, his Order on August 9, 2023, contained numerous errors. In its most notable error, the Court fabricated testimony.
I subpoenaed my former father-in-law to testify during the custody trial in the spring of 2023. When he took the stand, he stated very clearly that he had concerns about his daughter’s care of our children. He also testified that he witnessed her interfering with my relationship with them. Referee Hutchison noted his credibility when he spoke to him from the bench. In a mystifying reversal in the Order, however, the Court ignored this testimony. Instead, law clerk Kala Swenson and Referee Hutchison manufactured testimony and credited her father with words he never said.
“Why would they do that?” you ask. The Court had to make a finding of domestic violence to save the mother.
“Why did they have to save the mother?” Without materializing some kind of domestic abuse, the Court would have had to follow the law, hold the mother in contempt of court for illegally moving out of state, and return the children to their father. It’s not a mystery that Kala Swenson, a self-proclaimed women’s rights activist, and Referee Hutchison have a history of denying fathers their rights.
To correct the Order, I filed a post-trial motion on November 15, 2023. My former father-in-law submitted a sworn affidavit advising the Court that it misconstrued his testimony. He also expressed shock and disagreement with the Court’s finding that I had committed domestic abuse. He asked the Court to correct its findings.
What did Referee Hutchison due with this critical information? He did the same thing he has done with all the other evidence that did not support his desired conlusion. He ignored it. On January 18, 2024, he denied my motion.
The clock starts ticking again, as I have until February 19, 2024 to file my appeal to the Appellate Court.
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