Parents Taking Pledge: Rafal

To whom this may concern,

My name is Rafal, and I am a 46-year-old father who immigrated to the United States back in 2011, with the hope of securing a better life for my family — and future daughter Ursula. However, when she turned five years old, my wife served me divorce papers, and I have been at the mercy of the United States’ disjointed family court system ever since. 

Despite my well-educated background, holding two Masters degrees—one in Computer Science and the other in Economics, along with my current work as a consultant for a large international corporation, securing the right to father my child has been nothing short of a struggle. 

At the time of being served, I had not consented to the divorce due to my faith in Jesus Christ and his teachings, which I hold at high value. However, when it became clear that my wife was not seeking reconciliation, I proposed that we raise our daughter together while living separately, which is an acceptable solution for someone of the Catholic faith.

Unfortunately, my wife was determined to remove me from Ursula’s life altogether. Seemingly troubled by our close relationship, she deemed that a loving father who contributed to his daughter’s emotional and educational needs was no longer necessary.

To advance this goal, my wife accused me of financial abuse, mental illness, stalking, and even fabricated stories of my desire to harm our daughter. In addition, to further her case for full custody, she went as far as hiring a man to physically assault me, and then orchestrated a scenario which falsely represented my attempts at self defense as battery. 

Although the legal ramifications of defending myself against these accusations had cost approximately $200,000, I was relieved to find that Judge Thomas J. Kelley from the Rolling Meadows Circuit Court did not believe my wife.

He granted me visitation rights, allowing me to spend weekends and certain weekdays with my daughter. This gave me the opportunity to become a father to her again, and we spent many wonderful moments together — returning to our favorite botanical garden, gazing at the stars in the Chicago Planetarium, reading books and telling stories at bedtime, and continuing to teach her math and support her every need.

However, after five grueling years in court, Judge Kelley eventually recused himself from the case, seemingly not wishing to contribute to the breakdown of our marriage. His parting words to me were, “Good luck in Chicago.”

At the time, I was unaware of the greater harm that would come to Ursula and myself, once Judge Regina Scannicchio overtook the case.

On April 4, 2023, a default divorce was granted in my absence, and parenting time was reserved. I promptly filed a motion to vacate the default judgment on April 10, 2023.

What followed has been the most harrowing period of my life:

My first hearing before Judge Scannicchio took place on June 13, 2023. It was held in order to vacate the final judgment as I had not been informed of the previous hearing. Judge Scannicchio was presented with proof that all the letters my wife had sent were never delivered to me. Despite this evidence, she exercised what I believed to be abusive discretion and rejected my motion to vacate the default judgment. Next, she ruled on parenting time based on a report made by a Guardian ad Litem (GAL) who had passed away and had never spoken with me. My objection, that such evidence should not be used as the GAL could not be cross-examined, was dismissed. Additionally, Judge Scannicchio prohibited me from filing any further petitions. She ignored everything presented at the hearing, continuing to use her discretion in what I felt was an abusive manner.

During this first court appearance, Judge Scannicchio started shouting at me — a behavior I quickly became accustomed to. When I answered her questions in a manner she did not like, she would yell, “Stop! I am striking all of that! This has no bearing on the proceeding whatsoever!”. In addition, I had begged her to consider how these 5 years in court were inflicting damage onto my daughter, to which she responded, “You are choosing not to see your child”. She then placed my daughter under a protective order, preventing me from seeing her. 

As guaranteed by the United States Constitution, every individual is entitled to a fair trial. Judge Scannicchio, however, showed complete disregard for my 6th Amendment right, employing tactics of intimidation throughout the hearings. 

For example, after calling out my wife for committing perjury in court (giving false testimony under oath), Judge Scannicchio failed to consider my concern. Instead, she shouted, “One more time, and I’ll have the deputy put handcuffs on you!” When I pointed out that she was threatening me, she continued to yell, “No! I am not threatening you! You won’t find it funny when I charge you with direct contempt and order you to spend the night in jail. I am not asking you any more questions!”

This manner of conduct significantly impacted my emotional and physical health, even worsening my stutter, which was a condition I have battled since childhood. In addition, I began experiencing symptoms of shortness of breath and a rapid heart rate, which worsened my ability to speak fluently and coherently in both my personal and professional life.

At one of the subsequent hearings, Judge Scannicchio’s abusive conduct escalated so far as causing me to faint. When I tried to exit the courtroom to use the bathroom, being that I could no longer breathe, Judge Scannicchio ordered security to block my way. An ambulance was eventually called.

Judge Scannicchio has, in my view, unlawfully destroyed my health, finances, and family — taking my child away from me without any justification. Through her unchecked power as a judge, Scannicchio acts in a manner that harms families, as she lacks the ability to rule in the best interest of the child. Being that she has no experience as a parent herself, this poses yet another troubling aspect that underscores the need for intelligent case assignment when concerning child custody cases. 

Judge Regina Scannicchio has killed me. Not in the physical manner of course, but as a human being and father. She has ripped my daughter away from me, leaving me devastated without any contact for two years. 

Ursula has now reached the critical teenage years of her life, in which having a relationship with her father is especially important. And despite my daughter’s own requests, any past attempts at seeing her leave me in fear of being arrested; as such had occurred after attending her art classes and graduation ceremony. Scannicchio’s ruling has blocked me from experiencing even the most important milestone moments with my daughter, and for that, my soul is crushed.

I am an incredibly loving father, and a kind, honest, and hardworking man — who, in the 13 years since immigrating to the United States, had never even received a traffic ticket. And yet, Judge Scannicchio treated me like a criminal from the very start. Her deliberate manner of causing harm poses the very question of whether she deserves to hold her title as a judge. 

If Scannicchio can do this to me, she can do this to anyone. 

I will continue to move heaven and earth in the fight for my daughter. Only a parent can understand what it means to hear the words, “Daddy, I love you” from their own child.

To my daughter Ursula: 

I want you to know that I love you, I believe in you, and that you can always believe in me.