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NORTH CAROLINA COURT OF APPEALS

APPEAL INFORMATION STATEMENT


Jacqueline Louise Newton, Plaintiff From Durham County/Agency

Trial Docket No. 15 CVD 5703

v. COA Docket No. 17-1175


Jean-François Gariépy, Defendant Trial Judge Brian C. Wilks

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Party(ies) filing appeal Jean-François Gariépy, Defendant

1. Date judgment entered 03/31/2017


2. Date of Notice of Appeal 04/25/2017
3. (a). Is this a final judgment as to all claims and all parties? __ Yes __ No.

(b). If no, state the basis on which the judgment/order is immediately appealable.
Appealable under N.C.G.S. § 50-19.1, within meaning of Rule 54(b)
4. (a). Check the appropriate line(s) best describing the nature of the case:

__Alimony __ Driver's license __ Professional malpractice


__ Attorneys' fees revocation __ Real property rights
✔ Child custody/support
__ __ Education law __ Sanctions
__Construction law __ Employment and Labor __ Slip and fall
__Contempt __ Environmental law __ Taxation
__Contract law __ Equitable distribution __ Termination of parental
__Corporate law __ Health care rights
__Criminal law, DWI __ Insurance, auto __ Tort Claims Act
__Criminal law, habitual __ Insurance, other __ Unemployment compensation
felon __ Intentional torts __ Unfair and deceptive
__ Criminal law, __ Juvenile, delinquent practices
probation revocation __ Juvenile, other __ Utilities
__ Criminal law, other __ Landlord/tenant __ Wills, trusts, estates
Specify __ Negligence __ Workers' compensation
__
Debtor/creditor rights __ Paternity __ Wrongful death
__ Products liability __ Wrongful discharge
__ Zoning/annexation
__Other (specify)
(b). Check the appropriate line(s) to show the ruling being appealed:

__ Administrative ruling __Injunction __ Judgment notwithstanding


__ Declaratory judgment __
✔ Judgment (bench trial) the verdict
__ __ __
Directed verdict Judgment (guilty plea) Judgment (probation
__ Dismissal __ Judgment (jury verdict) revocation)
__ Summary judgment
✔ Other (specify) Permanent
__ Custody order

5. State issues to be raised on the appeal ( attach one additional page if necessary) :

1. Did the court err in finding that because Dr. Ginger Calloway was appointed by the Court
in a previous temporary custody order, her claims about the Defendant-Appellant’s mental
health are not subject to the North Carolina Rules of Evidence?
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2. Did the court err in finding that the Defendant-Appellant had failed to comply with the
order of February 8th 2016 when the court itself had replaced this order on November 23rd
2016, and that the first order was written before Dr. Calloway provided any
recommendations?

3. Did the court err in rejecting the Defendant-Appellant’s First Amendment objection in
which he asked the court that his political positions as an activist and public, well-known
intellectual figure in America be stricken from the trial?

4. Did the trial court abuse its discretion in concluding that the Defendant-Appellant had
called the Plaintiff-Appellee an "evil bitches," when in fact the Defendant-Appellant,
according to his testimony, was speaking on a public intellectual show and was talking in
general about people who use courts to abuse others?

5. Did the trial court err in giving instruction to the parties that it would not consult
an out-of-court psychological evaluation which was not presented in evidence, and while
having taken that commitment, has then copied verbatim the contents of the psychological
evaluation in its findings of facts?

6. Did the trial court abuse its discretion in finding that the Defendant-Appellant had
‘refused to seek any counseling of his own’ while the Defendant-Appellant testified seeing
a medical practitioner when needed?

7. Did the trial court err in refusing to hear the Rule 702 objection of the Defendant-
Appellant concerning the inclusion of expert evaluations?

8. Did the trial court abuse its discretion in finding that the Defendant did not ask
plaintiff a single question about the minor child the day of the hearing, when in fact he
asked several questions directly relating to the child on the record?

9. Did the trial court abuse its discretion in finding that the Defendant had only asked on
one occasion about the minor child when in fact the Defendant gave multiple examples of
contacts he has made concerning the child?

10. Did the trial court abuse its discretion in finding that the Defendant attributes all
accountability for this litigation to Ms. Newton when the Defendant simply stated that he
had tried everything in terms of offering collaborative parenting opportunities to the
Plaintiff but that he was faced with a complete absence of answers from the Plaintiff and
her lawyer?

11. To the extent that the custody decision would have been based on this finding, did the
trial court err in making the finding that the child was not accustomed to being in the
home of the Defendant-Appellant, when in fact the child was taken from the Defendant-
Appellant from the moment of his birth through parental abduction which was then followed
by ex parte and temporary custody hearings, which should be considered without prejudice to
the parties in North Carolina?

12. Did the trial court err in reaching a conclusion of law that was not justified by the
finding of facts in the permanent custody order?

13. Did the trial court err in denying the Defendant-Appellant’s request for reasonable
shared legal and physical custody of the child?

14. Did the trial court err in ordering the Defendant-Appellant to be absent on the day of
the signing of the order, thus denying his right to renew his objections to the Findings of
the Court and make new objections?

COA-81, Side One (Over)


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6. (a). Has any prior appeal in this case been filed in either appellate court?
__ Yes __
✔ No. If yes, provide appellate court docket number:

(b). Are any other appeals in this case pending before either state appellate court?
__ Yes __
✔ No. If yes, provide appellate court docket number(s):

(c). To your knowledge, are there any other appeals raising substantially
related issues pending before either appellate court? __ Yes __
✔ No.

If yes, provide case name(s) and docket number(s), if known, and explain the
manner in which the appeals are related:
.
7. (a). Are there essential questions raised by this appeal that cannot be adequately
presented by the written briefs alone and therefore require oral argument?
__ Yes __
✔ No.

(b). Do you request oral argument on this appeal? __ Yes ✔ No.


__
8. Has this appeal, or the matters with which the appeal is concerned, been settled or
rendered moot? __ Yes __✔ No. If yes, please explain:

If no, the undersigned hereby certifies that he/she will promptly notify the Court
of Appeals if the appeal is hereafter settled or rendered moot.__-JFG- please initial).
9. Is there any reason why this appeal should be expedited? ✔ Yes
__ __ No.
If yes, please explain: The judgment keeps a child from
seeing his father based on statement he has made as a
public intellectual figure, and therefore it affects
both child’s rights as well as first amendment
protected rights.

10. Has the execution or enforcement of the order, judgment or other determination from
which the appeal has been taken been stayed pending disposition of the appeal?
__ Yes __
✔ No.

The undersigned attorney for the appellant(s), or the pro se appellant, hereby certifies
that the information provided herein is true to the best of his/her own knowledge.

Signed this the 27 day of November , 2017 .

( signature)
(Type name(s), address and telephone
number under signature.)
Jean-Francois Gariepy
2180 rue Hotel-de-Ville
(Attach certificate of service). Sainte-Sophie, QC, Canada, J5J1K5
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STATE OF NORTH CAROLINA NORTH CAROLINA COURT OF APPEALS
COUNTRY OF DURHAM

(NORTH CAROLINA COURT OF APPEALS)

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JACQUELINE LOUISE NEWTON )


Plaintiff-Appellee, )
) CERTIFICATE OF SERVICE
v. )
) FILE NUMBER OF THE ORIGINAL CASE:
JEAN-FRANÇOIS GARIÉPY ) 15 CVD 5703
Defendant-Appellant, ) Docket COA-17-1175
)
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Certificate of Service
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I, Jean-François Gariépy, certify that a copy of the APPEAL INFORMATION STATEMENT in the
above-captioned matter was served on all interested parties via email, as well as certified
mail under the exclusive care and custody of the United States and Canadian Postal
Services, properly addressed as follows:

Jacqueline Louise Newton


C/O Ellis Family Law, P.L.L.C.
PO BOX 603
Durham, NC, 27702
USA

This the 27th day of November 2017.

________________________________
Jean-François Gariépy, Ph. D.
2180 rue Hotel-de-Ville
Sainte-Sophie, QC
Canada, J5J 1K5

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