Order to Show Cause, case 209931
This is the first page of the three page form that comprises the Order to Show Cause. The other two pages have no useful information other that the designation of a continued attachment. It is shown at the bottom.
Below is the face page of the attached Declaration that states the "Changed Circumstances" needed to justify a modification of legal custody.
(a) Statement of equal rights
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exaction's of every kind, and to no other.
(c) Protection against impairment of the rights protected by this section are protected against impairment by non governmental discrimination and impairment under color of State law.
2. MODIFICATION OF PARENTING PLAN.
The issue presented to the court for decision is a change in the parenting plan from of S. Browns sole legal and physical custody of a male child 11 years of age to legal custody, with joint physical custody to Chris Brown. There has been a significant material change in circumstance since 1995 when the parenting plan was created in this case. Prior to the divorce there was a separation of the parents from 1993 forward. Up to the time of the divorce there was a shared responsibility for care of all kinds. The current custody order has no provisions for visitation and permission for visiting is used by S. Brown as a tool of manipulation conforming to her desires. The boy, Harry Potter Brown is approaching adolescence and requires coherent guidance, appropriate exposure to social conditions and role models. In the current parenting plan aspects of these requirements are lacking with consideration of a VERY special change in material circumstance creating a vital and immediate need for specialized medical/psychological treatment. This is the reason legal custody needs to be changed to Chris Brown.
3. MATERIAL CHANGE IN CIRCUMSTANCE
The change in circumstance is the respondents new information concerning abusive hypnosis applied to his son without his knowledge or permission.
REQUEST FOR JUDICIAL NOTICE
Chris Brown, the respondent in this legal action, pursuant to;
California Evidence Code section 452.
Matters which may be judicially noticed.
Judicial notice may be taken of the following matters..........
(d) Records of (1) any court of this State...........
(h) Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonable indisputable accuracy.
And pursuant to;
California Evidence Code section 453. Compulsory judicial notice upon request.
The trial court shall take judicial notice of any matter specified in section 452 if a party requests it and:
(a) Gives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request; and
(b) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.
And pursuant to;
California Evidence Code section 454. Information that may be used in taking judicial notice.
(a) In determining the propriety of taking judicial notice of a matter, or the tenor thereof:
(1) Any source of pertinent information.............
Chris Brown, the respondent in this legal action, pursuant to;
California Evidence Code section 452(h), 453(a)(b) & 454 (a)(1) requests judicial notice of;
EXHIBIT ONE; Letter to the American Psychological Association ( A.P.A.) Washington DC. received by the A.P.A. February 24, 2000 and letter from the Senior Director of the A.P.A., Judy Strassberger dated May 22, 2000. Copied onto EXHIBIT ONE is a U.S. mail certified mail return from Cynthia Wickless receipt of respondents letter on June 2, 2000 documenting respondents follow up on the referral of letter of May 22, from the Senior director. No response from the referral has been received.
4. Judicial notice is requested of EXHIBIT ONE to establish the fact that psychologists WILL NOT provide comment, analysis or implimentaion of information of psychological clinical/technical texts relating to the potentials abuses of hypnosis. Respondent presents EXHIBIT ONE to establish this fact as a proposition "not reasonably subject to dispute" and demonstrate the ABSOLUTE NECESSITY for the court to evaluate the following exhibits in order to modify the present parenting plan to one that is in the best medical interests of respondents son, Harry Potter Brown.
5. Chris Brown, the respondent in this legal action, pursuant to;
California Evidence Code section 452; requests judicial notice of;
(h) Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonable indisputable accuracy.
as well as California Evidence Code 453(a)(b) & 454 (a)(1).
EXHIBIT TWO; Page 123 of "Human Behavior" 1964, Bernard Berlson and Gary A. Stiener .5 "organic effects, normally outside voluntary control", last sentence of the paragraph, "A number of other studies report the reduction of warts as the result of hypnotic suggestion (McDowell, 1949).";
And particularly requests judicial notice pursuant to California Evidence Code section 452; requests judicial notice of EXHIBIT THREE with regard to;
(h) Facts and propositions that are not reasonably subject to dispute.........
EXHIBIT THREE; A declaration establishing that the plaintiffs son has warts on his hands that are being treated by a medical doctor. The warts are very large and a source of shame and embarrassment for the child.
6. Respondent requests judicial notice of a SPECIFIC PROPOSITION OF INFERENCE
California Evidence Code section 452
(h) Facts and propositions that are not reasonably subject to dispute.........
Relating EXHIBIT TWO to EXHIBIT THREE, The studies reporting the reduction of warts of EXHIBIT TWO as a result of hypnotic suggestion, infer, that warts can be caused by the same hypnotic influence with a reversed intent.
7. The respondent presents these issues to the court because S. Brown cannot consider them and that hypnotherapy is needed for my developing sons psychological well being as well as treatment for the warts. S. Brown has also been influenced by abuses of hypnosis as well as the respondent. The influence caused the marriage, the conception of the child and the divorce. Respondent is the only person aware of this and there are reasons for that which are not an issue in this case. The fact that S. Brown "indignantly" denies this is normal.
8. RESPONDENTS REQUESTS FOR JUDICIAL NOTICE
Pursuant to California Evidence Code section 452;
(h) Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonable indisputable accuracy.
And
California Evidence Code section 453 Compulsory judicial notice upon request.
(b) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.
California Evidence Code section 454;
(1) Any source of pertinent information.............
Respondent requests judicial notice of EXHIBIT FOUR; Pages 173, 175 and 176 of a book called "EMOTIONS and MEMORY" by David Rapaport Ph.d., 1961. The first sentence of section 2. of the Chapter titled "THE CONTRIBUTIONS OF HYPNOSIS" states, "The term "posthypnotic amnesia" designates the general tendency of the hypnotic subject to forget the events of the trance after having emerged from it." Particularly respondent requests judicial notice pursuant to California Evidence Code section 452(h) & 453(b) &454(a)(1), of footnote 8, the first of the series at the bottom of the page, used on page 173 to refer to the "following sections".
"The results described in the following sections are dependent on the depth of hypnosis, and in general are valid only when with subjects who are able to reach the somnambulistic stage of hypnosis."
Respondent requests further judicial notice pursuant to California Evidence Code section 452(h) & 453(b) &454(a)(1) of page 176, the last of the footnotes continued from page 175
"we find hypnotized persons indignantly denying that they have been hypnotized"
9. SPECIFIC CHANGES IN CIRCUMSTANCE
To provide specific instance for the court to notice, the respondent presents the fact that S. Brown was informed that on May 23, 1998, plaintiffs son was rendered somnambulistic, placed in a trance at the "State and A" restaurant by another patron when plaintiff left his son at their table alone for less than 2 minutes. Respondent spent nearly 1 minute gently coaxing the then 9 year old child into a conscious state. petitioner S. Brown arranged and insisted, that the plaintiff take his son to lunch and the Arlington theater on that day at that time for the premier of "Godzilla" and that the plaintiff and his son eat before going to the movie. To assist in assuring that they were at that place at that time the defendant S. Brown offered to pay for everything.
In support of this event respondent requests judicial notice pursuant to California Evidence Code section 452(h) and 453(a)(b) and 454(a)(1)
of EXHIBIT FIVE; Copy of the ticket to the Arlington Theater of May 23rd, 1998.
10. Respondent requests judicial notice of a SPECIFIC PROPOSITION OF INFERENCE
California Evidence Code section 452
(h) Facts and propositions that are not reasonably subject to dispute.........
Relating paragraph 7 of this declaration to paragraph 9, The studies reporting the reduction of warts of EXHIBIT TWO as a result of hypnotic suggestion, combined with EXHIBIT FOUR, page 175 Posthypnotic Amnesia infer that if Harry Potter Brown does not receive the treatment his father, the respondent, is certain will interrupt or intervene into Harry Potters vulnerability, that he will be vulnerable to being forced into a somnambulistic trance in the future and possibly ENDANGERED. The respondent seeks legal custody so that this medical treatment can be administered as soon as possible.
11. In final support of these events and the uniqueness of the "changed circumstance" respondent requests judicial notice pursuant to California Evidence Code section 452
(d) Records of (1) any court of this State...........
452(h) and 453(a)(b) and 454(a)(1)
of EXHIBIT SIX; Two pages of opening Statement at trial September 8, 1998 filed by attorney to the defendant in Santa Barbara County Superior Court case 220298, filed August 12, 1997.
Respondent requests judicial notice of a SPECIFIC PROPOSITION OF INFERENCE demonstrated by EXHIBIT SIX with the respondents declaration of this paragraph.
California Evidence Code section 452
(h) Facts and propositions that are not reasonably subject to dispute.........
The second page of EXHIBIT SIX at lines 1-4, "This tort action arises out of a claim by plaintiff Christopher Brown that Defendant Medicine man inflicted "harmful hypnotic telepathy" on him from 1959 to "present."
I Christopher Brown declare under the penalty of perjury under the laws of the State of California that I did not and have never used the word telepathy prior to September 8, 1998 and that the word is introduced by the defendant as derived by inference from the plaintiffs answers to form interrogatories and requests for admissions.
Date;
Christopher A. Brown
Respondent requests judicial notice of a SPECIFIC PROPOSITION OF INFERENCE
California Evidence Code section 452
(h) Facts and propositions that are not reasonably subject to dispute.........
The text of the second page of EXHIBIT SIX does not contain a denial of the plaintiffs assertions or allegations in case 220298. It does contain a complied description of the hypnotic activities derived from plaintiffs answers to interrogatories and requests for admissions, facts totally unnecessary to the defense although there presence in the opening statement supports the defense attorney quotation of plaintiffs assertions of lines 7-11 and it states that the descriptions "would not constitute a cause of action".
12. UNCERTAIN OR UNSTABLE HOME ENVIRONMENT
S. Brown abuses prescription drugs, alcohol and cocaine, past and present, and provides a poor role model of femininity or maternal guidance for her son resulting in the boys escapism into computer games. His self esteem has been compromised in this and S. Browns relationships with men has brought the child in contact and control of alcoholic individuals who have applied psychological abuse and further damaged his self esteem and confidence inhibiting his social instincts. Respondents son has been targeted for ridicule by classmate(s) D. Melnick, who called in June of this year to apologize to Harry Potter Brown for teasing him for his lack of social behavior.
13. EXCLUSIVE ENVIRONMENT IN CONTROL OF MOTHER DETRIMENTAL
Recently S. Brown has begun a new relationship and the respondent has been informed by her previous boyfriend, that the new relationship is one involving cocaine. The respondent has noticed behavior consistent with this information. In mid June when respondent asked his son where he had spent the previous night his son refused to tell him and said, "Ask my Mom". S. Brown has manipulated respondents son into a position of diminished respect for his father and concealing information concerning his living situation.
14. FRUSTRATION OF VISITATION AND EMOTIONAL DAMAGE
Visitation has been very frustrating and the manipulations mentioned in the earlier paragraph have been facilitated, as well as the boys respect for his father, by the inconsistent and psychologically abusive situation Harry Potter Brown has been living in. S. Brown is psychologically abusive to everyone who is close to her; if; they do not give her what she wants. She continues and escalates the abuse directed at whomever she wants something of until they relent and give it to her. Harry Potter Brown is learning this behavior. His cooperation with her concealment methods was demonstrated to the respondent near the middle of June when the boy would not say where he had spent the night.
16. PHYSICAL CUSTODY NOT PRESENTLY POSSIBLE.
The respondent would and should ask for physical custody at this time. Due to civil, legal problems his living situation is not proper to share with Harry Potter Brown. Harry Potter Brown lives with his mother at her parents house. Harry Potter Browns grandparents provide a comfortable and physically safe home where he is loved and cared for quite well. Occasionally, his mothers psychological abuse creates turmoil that is psychologically damaging to the boy in the creation of dysfunctional patterns of family relationships. Respondent asserts that Harry Potter Browns grandparents are actually raising his son and they are doing so as best they can. Grandfathers and grandmothers ages are respectively, +- are 79 & 83. Respondent is certain that his sons social skills cannot be developed adequately unless respondent has as much opportunity to spend time with the boy as the respondent can manage. At a later time respondent hopes to improve his living situation to accommodate physical custody of his son. Until that time the parenting plan most beneficial to Harry Potter Brown is one where respondent has unlimited right to visit or to remove Harry Potter Brown from S. Browns residence.
12. MEDICAL TREATMENT
Due to the inability of S. Brown to accept that her son has been the victim of abuses of hypnosis, she is unable to realize that the longer he lives with any problems created, the more permanent and controlling they become to his life in the greater sense of time. The respondent is certain that a limited number of sessions with a licensed clinical hypnotherapist, can offset Harry Potter Browns lack of self esteem and confidence so that he might develop his social skills, normally and express his artistic abilities without inhibition as well as provide protection from involuntary inductions of somnambulistic trance states in the future.
I Declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date;
Christopher A. Brown