A PEEK AT THE FAMILY COURT SYSTEM: Federal Judge Finds NJ Family Court Gag Order Violates First Amendment.

In a 2011 Judge Sivilli stripped Surender Malhan, a New Jersey father, of his custody rights on a mere two hours’ notice without affording him an opportunity to refute his estranged wife’s allegations.

Sivilli prohibited Malhan from cross examining his wife or presenting physical evidence that would further demonstrate his parental fitness. The mother retained sole custody of the children for sixteen months until she agreed to joint custody in June 2012; during that time Malhan was never granted a plenary hearing.

Malhan, along with five other parents, filed a class action lawsuit in Federal Court that is currently pending. The class action suit alleges that the New Jersey family court system fails to provide adequate due process rights to parents in child custody proceedings.

In February 2014, a New Jersey affiliate of a major news broadcasting company interviewed Malhan and two other plaintiffs regarding their experiences in family court and their allegations that the family court deprived them of their constitutional rights. In response, Malhan’s wife initiated proceedings against Malhan, which resulted in Judge Sivilli entering a Gag Order.

So, the same judge who takes children away from their father tells that same father that he can’t speak about the taking. And the justification? “The best interest of the children.”