Complaint Review: Judge John McCann Donald Simeone

April 29, 2011

Family Court conducted my divorce/custody battle in the back room chambers! In December of 2009 by the Chief Judge Jeremiah Jr. Case No: P2009-0061, Donald S vs. Serena S. I know you are aware of this as I have contacted you several times already about this with the Chief Judge Jeremiah and also about Judge McCann who continues to refuse me access to my transcripts, he is the Judge who also signed the final decree on this illegal divorce deal. I am still trying to figure out how I was the stay at home mother and wife of a 7 year marriage was through out of my beautiful house and my ex was given everything. The house, boat, cars including a white truck and black Corvette, two time shares, retirement, the business inherited during the marriage, snowplows, over $30,000 in addition to the house, equity in the home, beautiful garage built during the marriage, screen house, children swing set, vinyl siding, new driveway, shed and most importantly the minor children. As you can see none of this was mentioned in the illegal divorce that was conducted in the back room chambers. Attorney William Lynch, attorney John Lynch Sr., Mr. Donald S and Guardian ad litem, Stephen A. Colantuono have lied to this court and continues to lie to this court. In this illegal divorce they make it sound as if we have and had nothing during this marriage. Even not addressing the issue of spousal support, that I continued to ask for. I was never told I could not come back to this court or any other court for spousal support, as every other divorce in this Family Court house. As you can see by these pictures we lived in a beautiful house. Mr. S still has every single marital asset, and my personal property that Judge McCann refuses to grant to me. Judge McCann says he refuses to have a garage sale. This will be a future disciplinary complaint. I was homeless for over eight months after this court and the people involved in this case had me thrown out of my marital home of over 10 years. I am now currently bankrupt and have had to file bankruptcy, and my mother has had to support me for over a year. Judge McCann has ruled that I should be paying child support even though I have not had a full-time job since our children were born back in 2003. On portions of this transcript dated May 20, 2010, Donald Simeone states he only makes $850 per week take home pay. Which is a lie, Mr. S states he has no money but shortly after this illegal divorce Mr. S went out and bought this 50,000+ yellow Hummer, he is not only defrauding the IRS but he is defrauding this court. I have reported Mr. S to the IRS and I refuse to allow this misconduct and fraudulently to continue.


I am being treated unfairly by The Rhode Island family Court system for over two years and I am no longer going to allow this misconduct to happen. I have contacted the press and numerous petition sites to allow the world to see the misconduct and law breaking that continues to happen in this case. I know Justice McCann is a new Judge and I also know he used to work with The Rhode Island Disciplinary Board, but I also know he does not conduct himself properly, he is vey rude and abusive on the bench, and in my opinion it is towards a number of females. I have several complaints for Judge McCann coming to you, as the majority of these complaints pertain to the Guardian ad Litem, Steven A. Colantuono stating he has contacted my childrens school and their doctor and I have found out and have documentation that he has not done so in over 2 years. Judge McCann has also allowed Steven A. Colantuono and my ex Attorney William Lynch to contact my therapist Janic Denuccio at Quality Behavior Health, against my wishes and permission and has violated my HIPAA Laws. Judge McCann continues to allow the law to be disobeyed and I am going to continue fight until something is done and the laws are obeyed and they make this illegal divorce/ custody battle fair and impartial.

This particular complaint for Judge John McCann is because not only did he sign this illegal divorce decree but he also continues to disobey the recommendations of Dr. Parsons as outlined by Chief Judge Jeremiah Jeremiah Jr.. In the final illegal divorce decree. Chief Judge Jeremiah Jr. incorporated Dr. John Parsons recommendations that I have included in this complaint. I am being told I do not get my visits with my children because I am not following these recommendations, but as you can see no one has complied with these recommendations, except for myself. I have done everything this court has asked and everything the Guardian ad litem has asked. Above and beyond including taking parenting classes and donating my time to children's charities per the recommendation of the Guardian ad litem.


Dr. Parsons Recommendation:

1.   The Ss should have joint custody of their children, and placement should be with their father. If the parents are unable to come to a reasonable decision concerning the children's health, education, and welfare, Mr. S should be empowered to make the final decision.

2.  Ms. S needs to secure an apartment and have it properly furnished so the
     children can have overnight visits. The residence should be inspected by the
     Guardian ad litem to ensure it is a safe and appropriate environment.

This was done by the Guardian ad litem, Steven a Colantuono on December 13, 2009. As you can see by the attached letter, I was then given overnight visitation by Mr. Colantuono that day and then it was taken away that night by Mr. Colantuono.
 

3.   The current visitation schedule should be maintained. Once Ms. S has rented an apartment. She should have the children every other week from Friday after school until Monday morning at 9 AM. She should also have an overnight visit one night per week. The children should be allowed daily telephone contact with the other parent. Ms. Simeone should also be afforded one week of visitation each month during the summer.

At that time my current visitation schedule was Monday through Friday 8 AM to 6 PM and every other Saturday 8am to 12 pm. Giving me the children almost more than half the time. Then on December 23, 2009, my father-in-law Donald S Sr. came to my house to pick up the children, unannounced cussing and yelling in front of my minor children telling me I was to return the children that night. Per the Guardian's letter to me, I was under the impression that I have the children that night on Wednesday the start of their holiday vacation. As I proceeded to leave with my children to take them to see Santa. Mr. S  Sr. after blocking me in with his vehicle chased me down in his vehicle and slammed his car into mine with my children ages 6 and 3 years old in the car on Route 44. I called the Rhode Island state police and asked them to meet me outside for some to help as I was frightened for my life and my children's life and well-being. The state police said in their report Mr. Simeone Sr. also advised that he does not believe there was any contact between the vehicles. I have included the police report as well as the pictures of the cars. As a result of this the Guardian ad litem Stephen A. Colantuono called me once and because I did not return his call he called my attorney John Lynch Sr. and took the children away from me without an emergency motion filed with the court and ultimately gave me my children thirty (30) hours a week. My attorney John Lynch Sr. did nothing with the court to prevent this new schedule from happening to me and my children. Mr. Colantuono and my attorney John Lynch Sr. said I agreed to this new schedule which is not true, I have included a taped phone message from my attorney John Lynch Sr. The new schedule they said I agreed to, was finally put into an order with the court February 10, 2010 with Judge McCann, despite my objections.

I call my children every night at 7:30 PM and many, many nights I am not allowed to speak with my children. I text my attorney Arthur Chatfield III, my ex's cell phone and the Guardian ad litem Stephen A. Colantuono on all of these occasions I am not allowed to speak with my children. I have hundreds of these texts for proof that I am trying to contact my children on a nightly basis.

 I have never been afforded one week of visitation each month during the summer as the Guardian ad litem has never afforded me more than four hours visitation with my children on a holiday or any summer months. Mr. S has as been awarded a week in August and a week in December for visitation with the children in Florida and my visitation was suspended. As you can see Mr. Colantuono is impartial to Mr. S, giving him anything he wants and taking all my parental rights away from me. I have enclosed all the documentation for proof of all of this misconduct. Since November of 2010, I currently only see my children one (1) hour a week supervised visitation per Judge McCann as he continues to retaliate against me, stating that I am not taking my medication. Since November of 2010, I see my children a total of 14 hours. My ex-husband Donald Simeone works full-time Monday to Saturday 8 a.m. to 6 PM and every other Saturday. Always leaving the minor children, four and seven years old with the grandparents, babysitter or girlfriend. My daughter has also complained that her father does not spend any time with her or her brother in supervised visitation. How is this in the best interest of my children to not be home with their stay-at-home mother or their father because he is working all the time.


4.   Ms. Simeone needs to secure full-time employment to demonstrate that she can support herself and her family.

Judge McCann has ordered me to pay child support despite the fact I have not worked full time since my children were born in 2003 and I have filed SSDI.
    

5.   Ms. S is a need of constant psychiatric care and mental treatment. She is not currently receiving outpatient psychotherapy. And her recent actions concerning her charge for breaking into her husband's home suggests that she may not be compliant with her psychiatric medications.

This is also not true, I did not break into my husband's home as I am fighting these charges in the Supreme Court. This is defamation to my character as I am innocent until proven guilty and this should never have been included in a legal court document, as it does not state allegedly. I have been in constant therapy and psychotherapy until December of 2010 as my ex was able to throw me off of health insurance, as a result of this illegal divorce decree. Judge McCann refuses to allow me to provide documentation that I have been compliant with my medication and my treatment. He continues to tell me on the stand, that just because I provide documentation that I received my medication does not mean I am taking my medication on a daily basis.


6.   Neither parent should make negative comments about the other party in the children's presence. Ms. S should not coach Katelyn or record her conversations.

Mr. S made a comment in front of Katelyn to his mother, Jean Simeone that the children were better off without their mother and this is documented and was mentioned in supervised visitation by Katelyn in February or March of 2011. Judge McCann never commented or prevents this abuse by Mr. S to my children.


7.   The parents should participate in a period of couples counseling to help them develop more effective communication skills


I feel as a Judge McCann is retaliating against me as I am fighting this illegal divorce/custody battle in the Supreme Court CA.: 10-404-A.  I'm going to continue to fight the Rhode Island Family Court and the Supreme Court until I am awarded my half of everything. Including my personal property, my marital property, and of course my minor children.


I have enclosed any and all documentation I fell is important in this case as well as numerous doctor letters that state I am a good and fit mother despite what the Guardian ad Litem, Steven A Colantuono and Judge McCann states that I am not.


Thank you for your time and attention to this matter.


Serena S