A court-appointed Guardian Ad Litem (GAL) motioned the family division of St. Louis County Circuit Court to strike a divorced mother's request that he be disqualified and the judge recused.
Attorney and GAL Robert Hamilton stated in his pleading that Caroline Less is out of time and should have filed her challenge within 30 days of when Judge Robert Heggie signed a final order in which Less was found in contempt of court for violating the current parenting plan and failing to pay attorney fees.
“The judgment, in this case, became final on or about June 30, 2022, with the final ruling on the remaining post-trial motions,” Hamilton wrote in his Sept. 20 motion to strike. “Because the Judgment became final on June 30, 2022, the trial court no longer has the authority to rule on Petitioner’s Motion.”
However, a legal advocate said Less wasn’t noticed or provided with copies of the final order.
“How can she know the timeframe when she is purposely supposed to put in that 30 days when she hasn't even heard that there's an order done,” said Ann Maguire, founding member of Wings for Justice, a national family court watchdog.
Less moved the court last month to recuse Heggie, disqualify Hamilton, void all orders and reinstate a protective order after Heggie enjoined her from receiving therapy notes about her 11-year-old daughter’s treatment and filing complaints against the therapist.
“If Judge Heggie grants the motion to strike, then Caroline probably will go back with a motion to work on the procedural violations of not noticing her,” Maguire said. “She won't quit. She'll try a different angle because that's a violation that cannot stand. If they didn't notice her, they can't have a trial.”
Although Less and Melchior Van Den Bergh's divorce was finalized in 2016, the proceedings concern the custody and care of their daughter. Less has reportedly been ordered to pay some $39,250 in legal fees to Hamilton, former legal counsel Patricia Susi, and the Hais Group, which joined the Cordell & Cordell law firm on Aug. 1.
"They did not notice her of the hearing and they did not send her the order after the hearing nor the previous one even though they knew she was Pro Se," Maguire alleges.
Van Den Bergh is represented by Cordell & Cordell's William Halaz III, the same attorney who represents Charles Haynes, a father who is currently incarcerated and convicted of child abuse. As previously reported in the St. Louis Record, Haynes’ daughter, Mikaela, committed suicide at 14 years old.
“It’s very concerning,” Maguire told the St. Louis Record. “It looks like [Halaz] specializes in protecting child abusers.”
Halaz did not immediately respond to requests for comment.
Hamilton’s motion further states the following arguments.
Less’ motions were not authorized post-trial motions.
“Caroline didn't know that the trial had ended because they didn't send her the final order after the trial they had sneakily without noticing her,” Maguire said.
Less’ motions were not filed for the purpose of correcting errors of fact or law at trial.
“That is absolutely false,” Maguire added. “Her motions are filled with errors done at trial and errors of fact. They were illegally quoting transcripts wrong that she had already had on the record. She has all kinds of due process violations. It's just filled with error after error. She lists all of that. So, for him to say that is totally disingenuous.”
Hamilton did not respond to requests for comment.