IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

IN RE: MATTER OF:
MARIO JIMENEZ
Petitioner/Father,
and
KAREN WIZEL
Respondent/Mother. / FAMILY DIVISION
Case No.: 11-21207-FC-04
JUVENILE DIVISION
Case No.: D13-15193A-B (D003)
(closed)
DOMESTIC VIOLENCE DIVISION
Case No.: 12-17840-FC-04 (closed)
Case No.: 12-17838-FC-04 (closed)
Case No.: 11-10881-FC-04 (closed)

MOTION TO REMOVE AND APPOINT NEW PSYCHOLOGIST

COMES NOW, Petitioner, MARIO JIMENEZ, and hereby files his MOTION TO REMOVE AND APPOINT NEW PSYCHOLOGIST, and in support thereof states as follows:

  1. On July 20th, 2012 Emergency Order to suspend Petitioner’s time sharing was granted.
  2. The order was obtained on allegations that Petitioner scared minor children when praying with them.
  3. The order was obtained in clear violation of Petitioner’s constitutionally protected and inalienable rights of religion and speech.
  4. DCF ordered psychological report by Dr. Michael J. DiTomasso.
  5. Dr. DiTomasso found that Petitioner “does not appear to be suffering from major psychiatric disease” that might prevent him from enjoying shared custody with his minor children.
  6. DCF found no reason to pursue a case against Petitioner, especially in light of four other accusations, all found to be unfounded.
  7. Despite attempting to present Dr. DiTomasso’s report that cleared Father, Judge Pedro Echarte, presiding over case at the time, refused to accept evidence alleging that DCF’s psychological evaluation had been performed one day before he had given the order to do so and instead forced Father to undergo a new psychological evaluation with Mrs. Vanessa Archer, psychologist who was recommended by opposite counsel’s attorneys.
  8. Mrs. Archer’s evaluation, as in a case that led to Nubias Barahona’s death and her brother’s torture, was based on unprofessional practices such as ex parte communication with Judge, and on false and misleading information and contained serious omissions that led to Father’s temporary removal of shared equal custody, and later physical, psychological and academic demise of minor son (Exhibits A through I).
  9. While in Petitioner’s shared equal custody, his minor children thrived not only physically but emotionally, were excelling in school, and were attending therapies on a weekly basis without showing any signs of physical or psychological abuse.
  10. However, almost a year after suspension of Petitioner’s time sharing and continuing to this day, Petitioner’s minor children psychological and school performances have greatly deteriorated.
  11. As a consequence of Mrs. Archer’s unprofessionalism, almost a year after forced separation of Father, Petitioner’s minor son was diagnosed with Major Depression and Post Traumatic Stress Disorder (PTSD), and his grades and conduct have significantly declined prompting serious concerns from at least four of his teachers. He has also developed involuntary twitching of his neck and shoulders as a negative side effect of the medications he has been forced to take.
  12. Because of Mrs. Archer’s unprofessional behavior, Father filed complain with the Florida Health Department and received response that before being able to proceed with the investigation, Father would need to request "the judge who presided over the child custody proceeding to appoint another psychologist" (Exhibit H).
  13. Despite Father’s strong objection, knowing that Father had reported Mrs. Archer to Health Department, and that Father believed that Mrs. Archer would not be impartial in a new re-evaluation, on October 18, 2013, Judge Scott Bernstein ordered a re-evaluation with Mrs. Archer.
  14. In Father’s re-evaluation, Mrs. Archer continued to show unprofessional behavior and to show bias against Father, and proceeded to try to engender continual patronage from Father, at $1,800 dollars per psychological evaluation, recommending that Father “should undergo re-evaluation in six months for purposes of assessing if his time-sharing should be expanded, or if a more permanent time-sharing agreement should be reached.”
  15. Father believes that Mrs. Archer's unprofessional practices amount to a sophisticated form of racketeering where by definition “the potential problem may be caused by the same party that offers to solve it, although that fact may be concealed, with the specific intent to engender continual patronage for this party.”
  16. Father has also reported Mrs. Archer’s unprofessional behavior and other anomalies in this case to Honorable Chief Justice, Bertila Soto, Honorable Florida Chief Justice, Jorge Labarga, and tothe Florida Supreme Court Committee on Future of Florida Courts(Exhibits J, K and L).
  17. As per Section 61.122 F.S., in order for the Health Department to proceed with an investigation of Mrs. Archer’s unprofessional practices, Father requests this court to remove Mrs. Archer, and to appoint Dr. Michael J. DiTomasso as the new psychologist in this case.

WHEREFORE, Petitioner respectfully requests this honorable Court to grant an order to REMOVE AND APPOINT NEW PSYCHOLOGIST in this case, and grant any and all other relief the Court deems just and proper.

Respectfully submitted,

By:_____/S/______

Signature of Petitioner/Father

Mario Jimenez, M.D.

CERTIFICATE OF SERVICE

I certify that a copy of this document was emailed to the person(s) listed below on February 2nd, 2015.

Ana C. Morales, Esq.,Anastasia Garcia

Attorney for Former WifeGuardian Ad Litem

Reyes & Arango Moore,

,

,

______/S/______

Signature of Petitioner/Father

Mario Jimenez, M.D.
Pro Se Petitioner
12901 SW 66 Terrace Drive

Miami, Fl 33183

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