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DALLAS, Texas, November 6, 2019 (LifeSiteNews) – In a case that received national attention regarding two parents’ disagreement over gender ‘transitioning’ their 7-year-old son, the mother is requesting the judge who awarded the parents joint conservatorship recuse herself because of comments the judge allegedly made about the case on social media.
The mother, who wants to transition the boy into a girl, is asking that the jury’s original decision that indicated that she be awarded sole managing conservatorship over the boy be upheld.
Dr. Anne Georgulas filed a motion on Tuesday requesting that Judge Kims Cooks recuse herself from the case and a motion to conform to the jury’s verdict that the joint managing conservatorship be changed to a sole managing conservatorship, according to the Dallas Morning News.
Judge Cooks had placed a gag order on Dr. Georgulas and Mr. Younger so that they could not comment to the press about the case.
Mr. Jeffery Young and Dr. Anne Georgulas were in family court last month over whether one of their twin sons, James, should be subjected to a gender “transition.”
Mr. Jeffrey Younger was fighting to prevent his ex-wife Dr. Anne Georgulas from “transitioning” James into “Luna.” The custody battle over James and his twin, Jude, sparked public outcry. Texas Gov. Greg Abbott called for an investigation into the situation, as did other conservative leaders.
In an 11 to 1 ruling issued on October 21, a Texas jury found that the current custody agreement should be changed from a joint managing conservatorship to sole managing conservatorship and that Mr. Younger should not be named sole managing conservator. They did not name Dr. Georgulas sole managing conservator as this was not an option in the questions they received.
On October 24, Judge Kim Cooks read her ruling to the court and chose not to uphold the jury’s ruling. She awarded Dr. Georgulas and Mr. Younger joint managing conservatorship and joint decision making of James and Jude. The new ruling increased Mr. Younger’s time with his boys and allowed him to have his boys on school nights. Dr. Georgulas will not be able to subject James to medical “transitioning” without Mr. Younger’s consent, although a court-appointed individual will be able to make decisions if the parents cannot come to an agreement.
On Tuesday, November 5, Georgulas’ attorneys filed the motion requesting Judge Cooks recuse herself and asking that the jury ruling be upheld. The motion was based on alleged social media posts made by Judge Cooks. According to the Dallas Morning News (DMN) article, Judge Cooks reshared a DMN article about the case adding her own statement that “The Governor nor any legislature had any influence on the Court’s Decision.” While the comment is not visible on the judge’s public figure profile, it is possible that the comment was made on her private Facebook page and could only be seen by people she had added as “friends”.
The judge, however, did share a CBS DFW news story about the case on her public figure profile.
Georgulas’ attorneys argue that Judge Cooks’ post indicates a bias in her ruling.
According to the Dallas Morning News article, Georgulas’ attorneys cited the judge’s commenting on a current case and the possibility it opened up for ex parte communication. Ex parte communication is communication pertaining to a case that is not on record or that does not include all parties of a case.
“The judge even commented on the case—a pending matter in her court—on her Facebook page, and in doing so invited (and permitted) ex parte communication about it,” Georgulas’ attorneys stated in the motion.
This request for recusal and alteration of the judge’s ruling comes the day after James went to school for the first time since kindergarten dressed as a boy. James had been attending school in girl’s clothes and makeup since Kindergarten. According to the Save James Facebook page, a page run by friends of Mr. Younger, James stayed at his father’s house Sunday night and chose to wear boy's clothes the next morning for school.