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Family News & Views 2006 |
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Family News & Views 2006 |
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AFRA Newshawk
Group
See AFRA News
We are interested in recent articles you see in newspapers or online sites related to CPS, Family Rights, Kids, Education, corrupt judges, lawyers, CPS people, psychiatrists, bureaucrats. . . . You can see what we're looking for by the kind of stories we link. See AFRA News December 2006 Domestic Violence Rates Down Sharply
12-28-06 -- (AP) - WASHINGTON-Domestic violence rates fell sharply between 1993 and 2004, the Justice Department said Thursday, while noting that American Indian women and native Alaskan women are far more likely to be victimized than whites and other minorities .. . . The Bureau of Justice Statistics said "intimate partner violence" rates fell by more than 50 percent, a decline that some domestic violence experts attributed to increased training and awareness among law enforcement officials. . . . "For the first time, there are entire domestic violence units in law enforcement," said Lonna Stevens, director of the Sheila Wellstone Institute, a Minnesota-based domestic violence organization. "We've had protocols and policies developed for responding to this." . . . In 1993, there were about 5.8 incidents of nonfatal violence for every 1,000 U.S. residents above the age of 12. By 2004, that number had fallen to 2.6, the agency said. Homicides fell by about 30 percent, from 2,269 in 1993 to 1,544 in 2004. . . . The Justice Department defines intimate partner violence as violence by a current or former spouse, boyfriend or girlfriend or a same-sex partner.
Ruling: Constitution requires Massachusetts marriage vote Court says legislators must decide on one-man-one-woman definition
12-28-06 -- The Supreme Judicial Court of Massachusetts has ruled that it is unconstitutional for state lawmakers to refuse to vote on an initiative that calls for marriage to be limited to one man and one woman in that state. . . . The ruling could not have been better for advocates of traditional, biblically-based marriage, Brian W. Raum, the senior legal counsel for the the Alliance Defense Fund told WND. . . . "The plaintiff in that case had asked the court to issue a declaratory judgment and a writ of mandamus. The court (said it) didn't have the authority to force the legislature to vote, but it issued a lengthy opinion which established … that the legislature has a constitutional duty to vote," he said. . . . At issue is an initiative in Massachusetts signed by 170,000 people seeking to have a question placed on the 2008 ballot that would allow voters to decide how marriage should be defined. Massachusetts currently "authorizes" same-sex couples to be married based on an opinion from the state court system, and rules that have been implemented by officials in the state. . . . The initiative, organized by VoteOnMarriage.org, was presented to the legislature since by Massachusetts' Constitution, lawmakers must vote on any initiative presented to them.
New Jersey Legislature Adopts Civil Unions
12-14-06 -- Lawmakers, under court order, give marriage-like benefits to same-sex couples. . . . Pro-family groups are angered -- and saddened -- that both houses of the New Jersey Legislature passed a measure Thursday granting same-sex couples the right to civil unions. . . . The legislation came in response to a New Jersey Supreme Court ruling last month that determined the state either must allow same-sex couples to marry or create civil unions that provide the same legal rights and benefits. . . . The tally in the Assembly was 56-19; in the Senate, 23-12 with five abstaining. Len Deo, president of the New Jersey Family Policy Council (NJFPC), said the vote was primarily along party lines. . . . "They have basically voted against defining marriage as a man and a woman," he told CitizenLink. . . . Lawmakers actually shut down the voice of those who stand for marriage, Deo said. . . . "We had almost three-dozen pastors who were cut off from providing testimony," he said. "They weren't allowed to speak by the Senate Judiciary Chairman. He let the pastors that were advocates for same-sex marriage speak then just cut the debate off." . . . Gov. Jon Corzine is expected to sign the bill. The Silence of the Wedding Bells
12-14-06 -- Am I the only one who is worried about the collapse of the traditional American family right before our very eyes? . . . Census Bureau bureaucrats are not in the habit of making apocalyptic pronouncements, but last year Mark Mather reported that the “dramatic decline” in the married population is “one of the biggest demographic stories of the past several decades.” Now, married couples now account for a minority – 49.7% to be exact – of all U.S. households. . . . The cause of this extraordinary demographic shift is two-fold. First, Americans are getting married only half as often as we used to. Second since 1960, the share of divorced Americans rose from 2% to 10%. . . . African-American communities have been especially hard-hit. In 1960 four-fifths of all Black families had fathers and mothers at home. Three decades later, that number had plummeted to 38%. . . . As a result of the decline of marriage, illegitimacy is on the upswing. Just last week the National Center for Health Statistics announced that almost four in 10 babies were born out-of-wedlock in 2005. Retirement and Divorce Can Be Very Expensive
12-13-06 -- If you are involved in a divorce, spell out what portion of your retirement pay your ex-spouse will receive, and the Office of Personnel Management calculates the amount it will send to the ex-spouse, that’s not the end of it, as one retired fed found out. (Straiton v. Office of Personnel Management, C.A.F.C. No. 06-3325 (nonprecedential), 12/8/06) . . . John Straiton, a federal employee with NASA at the Kennedy Space Center, was divorced from his wife of 16+ years and the legal paperwork spelled out how his eventual annuity was to be divided between them. More than 13 years later, John retired and OPM made a calculation to determine how to divide up his annuity between John and his ex-wife. The calculation was based on a hypothetical amount, which was, when the divorce occurred, what John expected eventually to receive as an annuity once he retired. . . . More than three years after his retirement, OPM reconsidered its interpretation of the divorce decree and concluded that the portion to go to the ex-wife should be more since it should be based on what John’s actual annuity was rather than the hypothetical amount (which was lower).
Marriage case heard by Maryland high court
12-7-06 -- There were almost no questions from the bench Monday, December 4, as the supreme court of Maryland heard oral arguments in a case seeking equal rights in marriage licensing. That's a bit unusual and, given that a lower court had ruled in favor of same-sex marriage, it could be taken as a signal that high court took the appeal just to reverse it. . . . But Dan Furmansky, executive director of the statewide gay group Equality Maryland, is not such a pessimist. He points out that Monday morning's argument in Frank Conaway et al. v. Gitanjali Deane was also the Maryland Court of Appeals' (the state's highest court) very first live webcast of an argument. . . . "That could have had an effect on their demeanor," said Furmansky. "I don't take it as a negative sign that they were not chock full of questions." . . . Certainly it could be seen as a positive thing that plaintiffs Gita Deane and the 17 other plaintiffs represented by the American Civil Liberties Union, won at the Baltimore Circuit Court level against the city clerks, including Baltimore City clerk Frank Conaway, who refused them marriage licenses. Circuit Court Judge M. Brooke Murdock ruled last January that the state law's prohibition of same-sex marriage licensing violates the state constitution's prohibition of discrimination on sex. . . . And certainly it could be seen as a positive that six of the seven judges are appointees of a pro-gay Democratic governor.
SJC rules on parental rights of lesbians Woman is faulted for not adopting
12-11-06 -- The state's highest court ruled yesterday against a lesbian who sought to establish parental rights to the 5-year-old biological child of her former partner, because she did not adopt the child during the 18 months they were together after the infant's birth. . . . The case reflects the Supreme Judicial Court's view that same-sex couples who fall out of love while raising children must abide by the same legal rules as any other dissolving couples: What counts in the court system are birth certificates, marriage licenses, adoption papers, or proof that you share equally in the nurturing of the youngsters. . . . In a complex legal case that stretched over three years, a lesbian from Middlesex County put forward some novel legal theories to establish her parental role. She said she deserved to be a legal parent because she and her former partner had effectively formed an agreement to raise a child together. She also argued she should be, at least, a de facto parent with visitation rights, because what she lacked in time with the child she gave in money as the primary breadwinner.
Domestic-assault case tests effects of ’04 marriage law
12-13-06 -- When Ohioans voted two years ago to outlaw same-sex marriages, they also might have stripped away defenses for unmarried partners in abusive relationships, domestic-violence attorneys will argue today in a case before the state Supreme Court. . . . The state’s 2004 Marriage Protection Act seems to limit domestic-violence laws to married couples, the attorneys say. . . . "It would be a disaster for a large number of couples, both gay and straight," said Michael R. Smalz, attorney for domestic-violence groups that have filed friend-of-the-court briefs with the Supreme Court. "Certainly a large number of people who are gay and straight will be denied the protections of domestic-violence law, both civil and criminal." . . . Smalz said a third to a half of all domestic-violence victims are not married to their abuser. . . . The case before the state’s highest court began as a felo- ny domestic-violence charge in February 2005 against a Warren County man for possibly assaulting his live-in girlfriend.
November 2006
NY Partner With Slipping Practice Denied Revaluation in Divorce
11-30-06 -- The valuation in a divorce case of a lawyer's partnership interest in his firm should not be revised to account for a practice-altering change in the law or the departure from the firm of a major client, a Long Island judge has ruled. . . . The partnership interest of the lawyer, whose name was redacted from the decision but who was identified elsewhere in court records as Allan B. Mendelsohn of Zavatsky, Mendelsohn, Gross, Savino & Levy, had been valued by a court-appointed expert at $195,000, as of Dec. 31, 2002, and $273,000 as of Dec. 31, 2003. . . . Those valuation dates were near the May 2003 date when Mr. Mendelsohn's wife, Nancy, filed for divorce. But Mr. Mendelsohn had asked Nassau County Supreme Court Justice Anthony J. Falanga to instead tie the valuation to start of trial on August 9, 2006. U.N. Rejects Report On Violence Against Women
11-30-06 -- Hot off the presses: On Wednesday, the United Nations decided to “note”, but not to “acknowledge” the dangerous Secretary-General’s report on Violence Against Women assembled under the corrupt administration of Kofi Annan. This means that the report will probably not be acted upon. . . . It appears this took place because of tremendous pressure placed on the United Nations by RADAR and its hundreds of affiliates and co-signatories. . . . This is a major gain for reformers working diligently to replace senselessly-destructive feminist social frameworks with truly beneficial pro-family solutions. It is also a step forward in achieving a major goal: ending terrorism by world feminists. Radical feminism has been a focal point of the bitter major cultural disagreement between Muslims and the West in recent years. . . . America must now adopt moderate approaches to gender with respect to social power, law, divorce, and family policy if it wishes to reduce stark cultural tensions that have culminated in radical Muslim attacks on the West. Feminist policies must be ended. Marriage must be restored as the social norm, for this is the only arrangement assuring equal social rights and power sharing between men and women. . . . This event now points directly to the outrageousness of the Violence Against Women Act (VAWA), which was strongly supported by past Democrat and Republican-dominated congresses and presidents.
Making A Difference - One Billboard At A Time
So, what would drive second wife Shelly Barreras to spend half of her 2006 Thanksgiving Day perched atop a billboard 50 feet above the ground in Albuquerque, New Mexico? . . . The facts are not in dispute. Essentially, first wife Viola Trevino gave new meaning to Paternity Fraud when she created a “virtual daughter” based on a DNA sample from her ex-husband’s adult daughter. With the help of accomplices, she created a Child that Never Existed but that came complete with a Birth Certificate, a Social Security Card, a Medicare Card, and a judicial claim for child support that reached the sum of $20,000. . . . Never mind that ex-husband Steve Barreras had a vasectomy a year prior to the alleged “birth” which left him with a zero sperm count. Barreras made multiple attempts to set the record straight with the New Mexico Department of Human Services, without success. With their “business as usual” attitude, the ever-willing Child Support Enforcement Division went after Barreras and collected and collected and collected. Finally, it took court action forced by media exposure to get Governor Bill Richardson to demand an investigation into how his state agency not only collaborated in the fraud but resisted attempts to expose it. . . . The immediate problem leading to a Thanksgiving Day for Shelly Barreras atop an Albuquerque billboard is that Governor Bill Richardson’s alleged pledge to return the fraudulently obtained child support funds never materialized.
Maryland Court of Special Appeals Decimates Fundamental and Constitutional Parental Rights
11-06-06 -- The Maryland Court of Special Appeals at first blush appears to have upheld the fundamental rights of parents, secured by the First and Fourteenth Amendments, by holding that a third party non-marital partner cannot be awarded physical custody of a minor child absent some unfitness of the natural or adoptive parent. Janice M. v. Margaret K., 2006 WL 3114248 (Md. Ct. Spec. App. Nov. 3, 2006). In reality what appeared to be upheld with the right hand was dealt a devastating blow with the left hand by allowing third party visitation against the will of a fit parent. Essentially the court has determined that the fundamental rights of a parent extend only to the retention of physical custody of one's child, but not to the right to determine the child's associations (i.e. third party visitation). What right could be more central to the ability to raise one's child than the right to control the child's associations under the First and Fourteenth Amendments? . . . Historically, several United States Supreme Court precedents have upheld the fundamental right of a legal parent to determine school choices, religion, associations, and grandparent visitation. (e.g. Pierce v. Society of Sisters, Wisconsin v. Yoder, and Troxel v. Granville). Based upon these precedents and others, state courts have determined that a third party, had to show parental unfitness to overcome the presumption that a parent's determination of what is best for his or her child could not be second-guessed by the courts, the state, or any third party. A Case for Strengthening Marriage
For the first time in history, less than half of U.S. households are headed by married couples. And on Sept. 29, the Centers for Disease Control and Prevention released data showing that almost 36 percent of all births are the result of unmarried childbearing, the highest percentage ever recorded. . . . In family law, as in the rest of American society, there is an intensifying debate about how we should respond to this kind of news. Should law and society actively seek new ways to support marriage? Or should family law strive to be marriage-neutral by providing more rights and benefits to its alternatives, such as cohabitation and single parenthood? . . . Some family law experts argue that our most pressing need is to find ways to equally support a wide variety of family forms. For example, the respected American Law Institute, an organization of judges, lawyers and legal scholars that periodically drafts model laws and other proposals for legal reform, has proposed a new set of laws that promotes this "family diversity model." In "Principles of the Law of Family Dissolution," some ALI scholars argue that family law should focus less on trying to channel people into marriage and more on being "fair" to people in different relationships -- in other words, that it should take families as it finds them.
Why are we paying for Planned
Parenthood? October 2006 NEW JERSEY How justices on N.J. Supreme Court voted on gay marriage
10-25-06 --A summary of how the justices of the New
Jersey Supreme Court decided the gay marriage case. Under New Jersey
tradition, no party has more than four members on the court. . . . In a
4-3 ruling, the court modified and affirmed an appellate court ruling,
determining that same-sex couples have the same rights as heterosexuals,
but sent the question of gay marriage to the Legislature. DISSENTERS: Chief Justice Deborah Poritz, a Republican, appointed by former Gov. Christie Whitman, a Republican. / Justice Virginia Long, a Democrat, appointed by former Gov. Christie Whitman, a Republican. / Justice James R. Zazzali, a Democrat, appointed by then-Gov. Christie Whitman, a Republican. / In her separate opinion, joined by Long and Zazzali, Poritz concurred with the majority that denying rights to homosexual couples violates the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution. / She dissented from the majority's distinguishing those rights and benefits from the right to the title of marriage. She also dissented from the majority's conclusion that there is no fundamental due process right to same-sex marriage in the "liberty" guaranteed by Article I, Paragraph 1.
N.J. Supreme
Court ruling:
TEXAS Texas Attorney General Announces Child Support Debit Cards 10-25-06 --Texas Attorney General Greg Abbott introduced the Texas Debit Card that gives parents in the Dallas/Fort Worth Metroplex a new way to receive child support. The Texas Debit Card can be used for purchases at grocery stores and other merchant locations worldwide that take VISA debit cards. The card is safer and more convenient than using cash or checks. Parents do not need a bank account to get this card. . . . "The Texas Debit Card makes life easier for parents who receive child support because there is no worry about lost or stolen checks or wondering if a deposit has cleared," Abbott said. "The card is another example of my commitment to quality customer service and making sure child support payments reach families as quickly as possible." VIRGINIA 10-25-06 --Virginia has an amendment to its Constitution on the ballot this November. It's a little institutional concrete to shore the riprap before the next big storm of Judicial Tyranny. The arguments for marriage may be illustrative for folks in other states who need the same protection for a fundamental institution. . . . The Marriage Amendment on the Virginia ballot asks: Shall Article I (the Bill of Rights) of the Constitution of Virginia be amended to state: "That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." NEW YORK 'DeSilva v. DeSilva': Consideration of Fault
10-21-06 -- Domestic Relations Law (DRL) §236 was amended, effective July 16, 1980, to add as Part "B" the availability of multiple financial relief including equitable distribution. Left in place as Part "A" of the statute were the provisions for "alimony" (termed "maintenance" for the first time in Part "B") for all actions begun before the effective date of the amendment. . . . Under Part "A" alimony had been statutorily barred for a spouse found guilty of fault. While buried in the text, here is the language which led to that result: . . . Such direction may be made notwithstanding that the court refuses to grant the relief requested by either spouse . . . (2) by reason of the misconduct of the other spouse, unless such misconduct would itself constitute grounds for separation or divorce, . . . In plain English, this meant that, under Part "A," a spouse could not receive alimony as a matter of law, if found guilty of fault sufficient to constitute grounds for separation or divorce (whether or not a separation or divorce were being sought on those grounds). . . . Upon the enactment of Part "B," which did not contain this language, the question immediately arose: what effect, if any, would fault have upon the awarding of equitable distribution and maintenance? As to child support, the statute explicitly barred consideration of fault in fixing child support: "The court shall not consider the misconduct of either party." (DRL §236(B)(7)). TENNESSEE Tamara Ford claims she is a victim of the judicial system 10-21-06 -- "I will expose these judges that don't know (expletive)." . . . Tamara Mitchell Ford says she is a victim of a corrupt judicial system. . . . Ford continues, "Every time I drive down the street, I'm arrested...You can't arrest me no more cause I don't have a car." . . . The ex wife of former state senator John Ford says child support payments for the couple's four children weren't spelled at they time they divorced. . . . Mitchell Ford's case was transferred to juvenile court but earlier this month, it was rescheduled for late January. . . . "I'm losing my house because the judicial system has said he is not going to be held accountable," continues Ford. . . . Meanwhile, Mitchell Ford wants to know why a judge IS considering a child support request from Dana Smith, Ford's former mistress. Gadgetry Makes Marital Spying Easier, but Creates Tricky Legal Issues Nanny cams and spyware heat up divorce proceedings
10-18-06 -- While marital spying could land a spouse in hot water, it's also putting attorneys in some sticky situations. . . . Divorce lawyers say they are treading very carefully as to how they handle feuding spouses who spy on each other, noting that a growing number of clients are using controversial -- and sometimes illegal -- methods. Given the technological boom, they note, husbands and wives have taken spying to a new level, using gadgets like nanny cams and spyware. . . . "We are finding ourselves in situations where we're viewing this material as contraband. We don't want it in the office," said Atlanta divorce attorney John Mayoue, who in the last year has handled about 100 divorce cases involving marital spying. "Today there are a lot of devices that allow people to engage in self-help spying, which is really brand new to us." . . . The subject of marital spying grabbed national headlines last month in New York, where federal prosecutors announced they were investigating whether Jeanine F. Pirro, the Republican candidate for state attorney general, illegally wiretapped her husband to find out if he was having an affair. Pirro conceded that she had her husband followed, but denied using wiretapping, or any other illegal means, to spy on him. Married Couples No Longer Majority
10-18-06 -- If you're married, you're officially outnumbered. . . . For the first time in U.S. history, married couples have slipped into a minority, according to an analysis of new census figures by the New York Times. . . . The American Community Survey, released this month by the Census Bureau, found that 49.7 percent, or 55.2 million, of the nation's 111.1 million households in 2005 were made up of married couples — with and without children — just shy of a majority and down from more than 52 percent five years earlier, the Times reports. . . . A closer look at the numbers shows that marriage is far from dead. In fact, the total number of married couples is higher than ever, and most Americans eventually marry. But the new figures are a reflection of the realities that more adults are spending more of their lives single, living unmarried with partners, or outliving their spouses.
ALABAMA Court of Appeal: Divorce Attorneys May Collect Interest on Fee Award, Even if Client Objects
10-18-06 -- Family law attorneys whose collection of fees from the opposing party was delayed by an objection from their ex-client are entitled to interest on the award, the Court of Appeal for this district ruled Friday. . . . Div. Three reversed Los Angeles Superior Court Judge Richard E. Denner’s order quashing a writ of execution in favor of Freid & Goldsman, in which the Century City firm sought to recover post-judgment interest on attorney fees awarded against their former client’s ex-spouse. . . . The firm had represented Jude Green in dissolution proceedings beginning in 2000. In October 2003, after the court entered a status judgment of dissolution and Green’s ex-husband subsequently died, Green and the trustee of her late ex-husband’s living trust signed a marital settlement agreement. . . . The agreement required the trust to pay, as the trustor’s contributive share of Green’s attorney fees, $850,000 to Freid & Goldsman. / Trustee’s Actions . . . In December 2003, Green replaced the firm with Westwood attorney Martin S. Friedlander as her attorney of record and then sought to set aside the settlement agreement as unenforceable. CALIFORNIA Subject: New case law on visitation in California In re Hunter S. 9/18/06 CA2/8 10-18-06 -- The juvenile court cannot impermissibly delegate to the child’s therapist, DCFS or any third person, unlimited discretion to determine whether visitation is to occur. (In re Donnovan J. (1997) 58 Cal.App.4th 1474, 1476-1478.) In no case, may a child be allowed to control whether visitation occurs. (In re S.H., supra, 111 Cal.App.4th at pp. 317-318; In re Julie M., supra, 69 Cal.App.4th at p. 48.) . . . Charmaine consistently raised the issue of the juvenile court’s failure to enforce its visitation order for over two years. Through her attorney and her own letters, she complained to DCFS and the court itself, but received no assistance in response. While the original visitation order was never changed, neither was it enforced. At one hearing the court stated that, although “from a legal standpoint” it had made a visitation order, from a “practical standpoint” it did not believe it had the power or duty to ensure visits actually took place. Instead, the court impermissibly abdicated its duty, delegating to Hunter’s therapist and to Hunter the power to decide whether, when and how the case would “move forward” with visitation. (See In re Julie M., supra, 69 Cal.App.4th at p. 51 [The “ultimate supervision and control over this discretion must remain with the court, not . . . therapists, and certainly not with the children”].) The visitation order was never enforced simply because Hunter continued to refuse any contact with his mother. This failure to enforce the order was error. (In re S.H., supra, 111 Cal.App.4th at pp. 318-320; In re Nicholas B. (2001) 88 Cal.App.4th 1126, 1138-1139 [“Visitation may not be dictated solely by the child involved”].) WEST VIRGINIA Family law: ‘Changing the way we think’ Overhaul made in divorce, child custody regulations
10-18-06 -- If you’ve filed for divorce in the last six years and you have children, you’ve noticed some significant changes to West Virginia’s family law system. . . . Senate Bill 2003, approved by the Legislature during a special session in June 1999, started an overhaul of the state’s domestic relations system. The bill made changes in the divorce and child custody laws, changing terminology and adding steps to the process. . . . Marion County Family Court Judge David Born said there are some variations from county to county, but the primary components are the same. For example, required mediation sessions take care of minor issues before the couple goes back to court. Also, divorcing parents are required to attend a three-hour parenting course. . . . “They sound like big changes, but not really,” family law attorney Marci Carroll said. “They’re changing the way we think about things.” NORTH DAKOTA Shared Parenting Helps Women, Too
10-4-06 -- Jane is a successful career woman. She has moved up rapidly in a competitive field, and is advancing her career by attending business school at night. Bob works out of their home and does most of the childcare. If Bob decides he doesn’t want Jane anymore, should he be able to take her kids away and push her to the margins of their lives? . . . The opponents of the North Dakota Shared Parenting Initiative think he should. . . . Under the NDSPI, unless a parent is unfit, both parents in a divorce will have joint legal and physical custody of their children. By contrast, the North Dakota Concerned Citizens for Children's Rights Committee and its allies support the current system of awarding sole custody to the children's primary caregiver--that's Bob--and oppose the NDSPI. They contend that family courts should not require custodial parents to allow noncustodial parents like Jane to spend substantial time with their children after divorce. PENNSYLVANIA Support Order May Require Parochial School Tuition Family Law / Court rejects religious freedom arguments
10-4-06 --A court may order a father to pay for his child's private parochial school education, a Superior Court panel ruled in an opinion that addresses how support should change as children grow. . . . The three-judge panel rejected the father's claim that private education is beyond his family's standard of living and that being forced to support a Roman Catholic School violates his constitutional right of conscience. Gibbons v. Kugle, PICS Case No. 06-1300, (Pa. Super., Sept. 22, 2006) Colville, S.J. (16 pages) . . . Senior Judge Robert E. Colville wrote the opinion, in which judges Michael T. Joyce and Jack A. Panella joined. . . . Jody A. Leighty, Stock & Leader in York, represented the mother of the child for whom the father was ordered to pay tuition. She said the decision provides more guidance on when private school tuition may be awarded. . . . The decision in Gibbons is unique because it addresses the question of when private school is appropriate for a child who had not yet attended school at the time of the parents' divorce, he said. September 2006 LOUISIANA
Louisiana Makes Divorce Harder to Get 9-29-06 -- Last summer Louisiana passed a landmark reform of "No Fault Divorce" that, for the first time in two generations, will make divorce harder to get. . . . Couples with children seeking a divorce in Louisiana after January 1 will have to live apart for a year, and not just six months as the current law allows, if they want a divorce. . . . "The longer period of time makes it more likely they are not going to divorce," explained Rep. Ernie Alexander, the bill's primary sponsor. "We're trying to hold the marriage together for the sake of the children. . . . "We know that in one-parent families, a child is twice as likely to drop out of school, three times as likely to become pregnant as a teenager, six times more likely to be in poverty and 12 times more likely to be incarcerated." He cited a study that the change could cut the divorce rate by 23 percent. . . . That's a reasonable estimate. Maryland has the 8th lowest divorce rate (3.1 divorces a year per 1,000 people), largely because it requires a year of living apart before a divorce can be granted, and two years if the divorce is contested. By contrast, Vermont has the same six-month minimum as Louisiana, and a divorce rate of 3.9 per thousand. AFRA President Achieves International Acceptance! For Distribution To All Groups And Email List... 9-20-06 -- AFRA President and CEO William O. Tower has been appointed to the International Board of Commissioners for The Citizens Commission On Civil Rights... The AFRA BOD wishes to congratulate Mr. Tower on this prestigious appointment... Mr. Towers appointment to this position in the CCHR Hierarchy greatly improves our working relationship with CCHR and our ability to fight for CPS Reform and Family Rights Issues... Mr. Tower will remain as President and CEO of AFRA and do double duty on our behalf as an International Commissioner for CCHR..
Two More State Supreme Courts Uphold Grandparent Visitation Laws
- 9-5-06 -- In 2000, the Supreme Court handed down an important family law opinion, Troxel v. Granville. There, it held the State of Washington state's third-party visitation law unconstitutional as applied to the case before the Court. (I wrote at length about the case in a prior column.) . . . At the time, many predicted the demise of parallel laws in other states. But now, six years later, more state statutes have withstood challenge than have not, and courts are once again facing claims that grandparents have a right to seek visitation with a grandchild, even over the objection of the grandchild's parents. . . . Indeed, recently the highest courts of Pennsylvania and Utah upheld their states' laws with respect to grandparent visitation against a constitutional challenge based on Troxel. . . . In this column, I'll explore why Troxel did not have the effect many predicted, and why the Pennsylvania and Utah courts reached the results that they did. Have a nice divorce ... and keep the family alive It is possible, says a Seattle attorney, if you stay out of court
9-5-06 --A parent rarely utters the words "happy" and "divorce" in the same breath, but a Seattle lawyer is pushing a new practice to break up marriages without tearing apart families. . . . After spending decades helping parents dissolve their marriages, Carol Bailey thought she could improve the system. In April, she created a practice dedicated to keeping divorces out of court, but not because the twice-married Texan is opposed to the practice. She just thinks it doesn't always belong in a courtroom, where families often break down. .. . The idea isn't new. For years, some divorce lawyers have worked to avoid nasty courts fights and preserve families. Bailey took it a step further by consciously dedicating an entire practice to the approach, highlighting a growing trend among family lawyers to skip litigation and get couples to cooperate. . . . "People think of divorce and imagine 'War of the Roses,' " said Lisa Gilmore, a veteran family lawyer at the Seattle-based law firm Helsell-Fetterman. "I think people don't realize there is an easier way to do it." . . . At the heart of this style and Bailey's Integrative Family Law practice is the belief that, after a marriage dies, the family still lives and that much of what occurs in court weakens the bonds parents need to raise their kids. . . . "It is about a family that is going to be in a huge transition, but it's still going to be a family," Bailey said from her downtown Seattle office. "My whole thing is to ask people, 'What is winning? What does that mean in the divorce?' ". . . Too often married couples lose because matrimony remains the coin toss of American society, with up to 50 percent of couples that tie the knot these days eventually divorcing or separating, according to Rutgers University's National Marriage Project. NEW JERSEY Deadbeat parents facing interest charges
9-2-06 --Being a deadbeat parent is getting more expensive in New Jersey. . . . Parents who owe child support can now expect to pay interest on outstanding balances under an appeals court ruling that was recently upheld. . . . Judge Philip Carchman, acting director of the New Jersey courts, issued the directive last Friday, ordering probation departments throughout the state to start collecting interest on overdue child support. . . . The state Department of Human Services, which oversees the program, had asked for more time to implement a system after an appellate panel initially ordered the state to start collecting interest. . . . The court ruling only requires interest is charged when the entire amount owed is being paid off, and when a parent seeking the money requests such interest be calculated. Interest rates on overdue child support are set annually by the courts. NEW YORK
The Financial Penalty for Spousal Abuse:
UTAH
Grandparent visitation rights upheld The Utah Supreme Court on Friday declared the state's grandparent visitation law constitutional, rejecting a father's argument that the statute interfered with his rights to "manage the care, control and custody" of his daughter. . . . In a unanimous opinion, the high court said the law does not infringe on the liberty interests of Darryl Thurgood, who has battled his former in-laws over their requests to see the girl since his ex-wife died in 2000. The decision enables Darlene and Robert Uzelac to resume regular contact with their granddaughter, now 10, for the first time in six years. You can access the ruling at this link. NORTH DAKOTA Shared Parenting Initiative: Trust Parents Not The System
The weak arguments against North Dakota’s November shared-parenting ballot initiative offered up by HHS Executive Director Carol Olson and Grand Forks Herald columnist Lloyd Omdahl offer up the same misleading arguments we have heard for years: that divorce courts work perfectly, the “system” is all that citizens need, and social services has already saved the world. . . . They have proven only one thing: you cannot trust the social services apparatchik to do the right thing even where the need is intuitively obvious to everyone not bought by federal windfalls. If they had paid attention, 17,000 citizens in North Dakota would never have found reason to sign the shared-parenting ballot petition. . . . Carol Olson’s position is patently perverse: the only thing that matters is maximizing federal income to the state, even if it means senselessly destroying the lives of children and, indeed, fatherhood itself. She would replace good families and principles with an oppressive village bought by political payoffs. She cares only about maximizing federal revenues, pretending that decreases in state expenditures (and correspondingly federal entitlements) somehow represent a “loss” to the state. . . . In support of mass family gentrification, Omdahl pretends that replacing the destructive “one size fits all” approach with a long-overdue legal standard, requiring North Dakota to normally uphold parental rights in divorce, is somehow misguided. . . . A wall of writers and activists pinned the tail on this donkey. Dr. Stephen Baskerville, Don Mathis, John Maguire, Mitchell Sanderson, and Rob Port weighed in to prove the state sorely wrong. August 25, 2006 PENNSYLVANIA Pa. court clarifies grandparent visitation rules
Grandparents do not have to prove that being kept away would be harmful to their grandchildren in order to get court-ordered visitation, the Pennsylvania Supreme Court said in a decision released Wednesday. . . . The court rejected an appeal by Shane Fausey, a federal-prison guard in Lycoming County who argued his constitutional right to make parenting decisions was violated when a county judge gave partial custody to Cheryl Hiller, his dead wife's mother. . . . "We refuse to close our minds to the possibility that in some instances a court may overturn even the decision of a fit parent to exclude a grandparent from a grandchild's life, especially where the grandparent's child is deceased and the grandparent relationship is long-standing and significant to the grandchild," wrote Justice Max Baer in a four-judge opinion. A fifth justice filed a separate, concurring opinion. Hiller v. Fausey, No. 197 MAP 2004 (Penn. Aug. 22, 2006) Majority / Concurrence / Dissent WASHINGTON
Unmarried couple want benefits, too
One of the first tests for Washington state's new gay civil rights law has an intriguing twist: The complaint was filed by a heterosexual woman. . . . The state's discrimination watchdogs are investigating the case, which claims unmarried straight people should get the same domestic partner benefits as their gay and lesbian co-workers. . . . But officials are treading carefully, Human Rights Commission Director Marc Brenman said, because upholding the claim could set a sweeping new precedent for Washington businesses. . . . "We have to proceed very, very cautiously because we could be creating new policy for employers and other entities in the state," Brenman said Tuesday. . . . The complaint, filed last week, is one of four that have spawned full-fledged investigations under the sexual orientation section of Washington's anti-discrimination law.
August 15, 2006 News flash: What teens watch, listen to and read affects their thinking and behavior. Sound common-sensical? In years gone by, it was. But today, in our increasingly permissive culture, otherwise well-intentioned parents often ignore the obvious. Some even downplay the notion that the media influence behavior at all. Kids are resilient, right? They can see the fakery in lurid music and risqué movies. But such sentiment rings hollow in the face of those nagging things called "facts." . . . Yet another study highlighting this reality was announced this week. A Rand Corporation survey published in the August issue of the medical journal Pediatrics monitored the music choices and sexual behavior of 1,461 teens over a three-year period. The result? According to the organization's press release, "Researchers found that adolescents who listened to a lot of music containing objectifying and limiting characterizations of sexuality progressed more quickly in their sexual behavior than did adolescents who listened to less of this kind of music." Now that a number of state courts have refused to redefine marriage to include same-sex unions, cries of "discrimination" are being heard. . . . The "equal protection of the laws" provided by the Constitution of the United States applies to people, not actions. Laws exist precisely in order to discriminate between different kinds of actions. . . . When the law permits automobiles to drive on highways but forbids bicycles from doing the same, that is not discrimination against people. A cyclist who gets off his bicycle and gets into a car can drive on the highway just like anyone else. . . . In a free society, vast numbers of things are neither forbidden nor facilitated. They are considered to be none of the law's business. . . . Homosexuals were on their strongest ground when they said that the law had no business interfering with relations between consenting adults. Now they want the law to put a seal of approval on their behavior. But no one is entitled to anyone else's approval. . . . Why is marriage considered to be any of the law's business in the first place? Because the state asserts an interest in the outcomes of certain unions, separate from and independent of the interests of the parties themselves. August 11, 2006 ALASKA
Woman points camera at domestic violence
An Eagle River documentary maker is examining the impacts of domestic violence on children and the shortfalls of the Alaskan judicial system that she said often grants joint custody to parents with a history of domestic violence. . . . Elisa Fleener is writing, directing and producing the documentary with the working title "Who Will Hear Our Voices." . . . Rhonda Street, a domestic violence investigator with the Anchorage Police Department, said Alaska has the highest rate of domestic violence in the country and the department responds to about 300 domestic violence calls a month. . . . "It's very prevalent in our community here and across the nation," Fleener said, adding that a majority of the victims she spoke with are women. . . . Fleener, 50, said she began working on the project in November 2005 with funds supplied through a chancellor's grant received by the University of Alaska Anchorage's sociology and justice departments, which coordinated the production of the documentary with her. MICHIGAN Teen Sues Mother for ID of Father Child wants history of family illness; fear of 'opening the floodgates' In a case that family law experts fear could set a dangerous precedent, a Michigan teenager is suing his mother to learn the identity of his father. . . . Family law attorneys say the issue of compelling a mother to reveal the identity of the biological father is a new area of law. And depending on how the Michigan judge rules in the case, they say, courts nationally could see a new flood of lawsuits of children suing their parents. . . . "You are opening the floodgates of litigation," said Richard Crouch of Crouch & Crouch in Arlington, Va., who has been practicing family law for more than 30 years and has sat on several American Bar Association and Virginia State Bar family law committees. "The courts haven't got any business concerning themselves with this area, even if there are health concerns. You're opening up too large an area where a lot of the litigation would be useless and frivolous." . . . Family law practitioner Laura Morgan of Family Law Consulting in Charlottesville, Va., cited similar concerns, saying that the Michigan case could trigger lawsuits by angry ex-husbands who will convince kids to sue to find out who their biological fathers are. August 4, 2006 MARYLAND Partner Guilty of Assault on Process Server in Divorce
A McCarter & English partner in Baltimore was found guilty of second-degree assault last Monday for twice ramming his car into a man who was trying to serve him with divorce papers. . . . Barron Stroud Jr., a commercial litigator, had just dropped off his daughter at a Clarksville, Md., daycare center last Aug. 11 when process server James Benjamin approached his car. Benjamin told police he knocked on the driver's window, but Stroud ignored him. Benjamin said he then moved in front of the car and banged on the hood, when Stroud drove forward, hitting him in the legs. Benjamin said he took a step back, and Stroud drove into him again before fleeing the scene. July 27, 2006 N.O.W. Opposes Shared Parenting, Contradicts It's Gender Equality
The National Organization for Women turned 40 this summer, and formally celebrated its anniversary at its national conference in July. NOW President Kim Gandy has proudly recounted her organization's successes in opening up opportunities for women, and says they are “never giving up the dream of full equality for all.” Unfortunately, on some issues – particularly in family law and child custody – NOW's policies and actions contradict its ideals of “full equality for all.” This is most evident in the group's dogged opposition to joint custody and shared parenting. . . . The logic behind shared parenting is hard to dispute. Kids love, want and need both their parents. When divorcing parents cannot agree on custody arrangements, as long as both parents are fit, they should both be allowed to share in parenting their children. Not surprisingly, research shows that children of divorce fare better under joint custody – where they spend significant amounts of time with each parent – than under sole custody. . . . NOW and its co-thinkers, to their credit, once encouraged fathers, fathering and shared parenting. In 1971 Gloria Steinem wrote that children suffer from having “too little father” in their lives, and that a more equal balance of parenting was needed. Karen DeCrow, president of NOW from 1974 to 1977, says “it was clear from the feminist writings and ideas of the '60s and '70s that joint custody was what we supported after a divorce.” . . . Fathers have embraced the call for more father involvement. Despite an ever-expanding work week, children today benefit from receiving more hands-on fathering than ever before. The Families and Work Institute found that fathers now provide three-fourths as much child care as mothers do – 50 percent more than 30 years ago. NORTH CAROLINA Judge strikes down law banning cohabitation
Those of you shacking up out of wedlock, have no fear: A judge has thrown out a 201-year-old North Carolina law making it illegal for unmarried couples to live together. . . . Superior Court Judge Benjamin Alford struck down the law as unconstitutional in a handwritten ruling released today by lawyers in the case. A final order has not yet been written. . . . Debora Lynn Hobbs, a Pender County emergency dispatcher, filed the constitutional challenge after being forced to quit her job in 2004 after the sheriff discovered she had a live-in boyfriend. July 20, 2006 July 23rd A Proclamation by the President of the United States of America
As a child's first teachers, mentors, and role models, parents shape the character of those who will help to build the future of our Nation. On Parents' Day, we pay tribute to the hard work and sacrifice of the millions of devoted parents who provide guidance, support, and unconditional love to their children. Mothers and fathers help kindle imaginations, inspire a love of learning, nurture the formation of young minds, and give children the courage and the drive to realize their dreams. By instilling in children the difference between right and wrong, parents guide their children toward developing into successful adults and responsible citizens who lead lives of purpose. In addition, the commitment of parents to the welfare of young people strengthens families and communities throughout our great country. My Administration supports grants and programs to promote healthy marriages and responsible fatherhood. The No Child Left Behind Act is helping us ensure that every child has the opportunity to learn, and recognizes that parental involvement is a vital part of the success of schools across America. Federal, State, and local programs, and faith-based and community groups provide additional resources to help parents as they work to raise children of conviction and character. On this special day, we express our deep gratitude to parents for their dedication to a bright and hopeful future for their children. We also pray for parents in the military who stand up for America, and we resolve that their sacrifice will always be honored by a grateful Nation. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States and consistent with Public Law 103-362, as amended, do hereby proclaim Sunday, July 23, 2006, as Parents' Day. I call upon citizens, private organizations, and governmental bodies at all levels to engage in activities and educational efforts that recognize, support, and honor parents, and I encourage American sons and daughters to convey their love, respect, and appreciation to their parents. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of July, in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and thirty-first. / GEORGE W. BUSH COLORADO Colorado marriages now have law in common Minimum age of 18 now applies across matrimonial board
Gov. Bill Owens on Tuesday signed a bill that raises the age for common-law marriage to 18, plugging a loophole in state law that some said opened the door for sexual abuse of children. . . . "It was imperative that Colorado change its law concerning the minimum age for common-law marriage," Owens said. "The age of consent for marriage should be consistent in our statutes and, most importantly, our young children must be protected." ******************* The new law comes in the wake of a recent Colorado Court of Appeals decision that concluded that the age of consent for common-law marriage in Colorado is 14 for boys and 12 for girls. . . . "Our concern is to keep marriage at age 18 so sexual predators aren't able to prey on young girls who don't have experience to tell when a predator does not love them but is simply preying on them," Green said. . . . The decision by the appeals court reversed a Weld County case in which a judge ruled that a 15-year- old girl was too young to consent to common-law marriage. . . . The ruling stunned many lawmakers and children's advocates, who quickly began pushing for the new statute to be passed. NEW YORK Prenuptial Pact's Attorney Fee Provision Nullified
An appeals court in Brooklyn has declared unenforceable provisions of a prenuptial agreement that barred a spouse from seeking attorney fees. . . . A lawyer on the case said the decision was the first in which an appeals court had nullified part of a prenuptial agreement concerning attorney fees, rather than the whole agreement. . . . A unanimous panel of the Appellate Division, 2nd Department, said its ruling was a matter of public policy, considering the wealth of the husband -- his assets are valued at nearly $5.6 million -- compared to the wife, whose assets are valued at $160,000. It stressed, however, that it was not commenting on all such provisions in prenuptial agreements. Each similar case should be reviewed individually, the court said. . . . "The enforceability of a provision of a prenuptial agreement waiving the right to seek an award of an attorney's fee presents a clash of two competing public policies -- that in favor of resolving marital issues by agreement and that in favor of assuring that matrimonial matters are determined by parties operating on a level playing field," Justice David S. Ritter wrote for the court in Kessler v. Kessler, 2004-04773.
July 13, 2006 NEW YORK Divorce, Not Terrorism, Caused This Explosion
When the building on East 62nd Street in Manhattan exploded in flames, fears of terrorism quickly swept the neighborhood. According to the New York Post, talk show host Larry King, who was in a nearby hotel when the explosion hit, said it sounded like a bomb and felt like an earthquake. . . . But New Yorkers were quickly reassured: No, it was the work not of an enemy of the United States, but of one of our most common domestic products: divorce. . . . Nicholas Bartha, 66, was by all accounts a good and caring doctor, a cardiologist affiliated with both Lenox Hill Hospital on the Upper East Side and Mount Vernon hospital in Westchester County. He was also, by friends' and neighbors' accounts, sinking deeper into his own private hell. . . . Even before the divorce, he was impossible to live with. The court that granted his wife, Cordula Hahn, a divorce on the grounds of cruel and inhumane treatment made that clear. "Defendant intentionally traumatized his wife, a woman of Jewish origin born in Nazi-occupied Holland, with swastika-adorned articles and notes affixed around their home, and became enraged when she removed them." Nicholas ignored Cordula as she underwent surgery for cancer, cut off her access to marital funds, and eventually quit speaking to her entirely. OHIO Demonstrators target decisions of family court Their signs read “Our Children Have Voices” and “Our Children Are Humans Not Property.” . . . On Tuesday morning, about 20 demonstrators — mostly women — carried those signs and others in front of the building housing the Stark County Family Court. . . . The protesters said they are tired of what they believe is a court system that ignores the rights of children when it comes to custody disputes between parents. They also said they or a friend had been on the losing end of a judge’s decision. . . . “The courts won’t listen to the kids,” said demonstrator Kandie Beaver of Perry Township. . . . Terri A. Nemeth-Parshley, protest organizer and director of Mothers Against Court Corruption, said she hopes the demonstration “draws some attention to what is going on in the courtroom.” PENNSYLVANIA Failure to Tell Partner of HIV Can Bring Criminal Prosecution
In an apparent case of first impression, the Superior Court has ruled that HIV-positive Pennsylvanians accused of not telling their consensual sexual partners they have the virus can be charged with reckless endangerment. . . . In the past, according to attorneys involved in Commonwealth v. Cordoba, Pennsylvania laws have guided local prosecutors toward charging only HIV-positive prostitutes and prison guards over sexual liaisons with non-infected partners. . . . In Cordoba, Berks County Common Pleas Judge James M. Bucci had twice ruled that prosecutors from the local district attorney's office had failed to establish a prima facie case against Samuel Cordoba. . . . But the panel reversed, reasoning that in order to make out a prima facie case for reckless endangerment, Pennsylvania prosecutors need only show that a defendant's conduct may have placed his or her partner in danger of serious bodily injury and/or death.
July 11, 2006 NEW YORK N.Y. Court Reverses Distribution of Townhouse in Divorc Cordula Bartha v. Nicholas Bartha A New York appellate court's 2005 decision reversing part of the trial court's property distribution in the divorce case of the couple whose townhouse was destroyed in an explosion and fire on July 10, 2006 in New York City. . . . The court found that Dr. Nicholas Bartha's wife, Cordula Bartha was entitled to a portion of the couple's New York City marital residence on East 62nd Street in Manhattan, finding the trial judge's "conclusion that [Mrs. Bartha] had no right to any portion of the marital residence or its appreciation in value was contrary to fundamental principles of equitable distribution." . . . Their townhouse was purchased for $395,000 in 1980, and according to the court, valued by a neutral appraiser in 2002 at $5 million. OPINION IS BENEATH THE ABOVE ARTICLE July 10, 2006 STATE COURTS A New Twist: Divorce After Death 'Posthumous divorce' cases, new probate laws challenge attorneys Lawyers in several states are examining the legal question of posthumous divorces in light of recent probate law changes and a handful of unusual lawsuits that deal with spouses who died during divorce proceedings. . . . In Pennsylvania, an attorney is seeking a first-of-its kind posthumous divorce settlement following the death of her client -- a dentist who was killed in his home in April, the night before he was to sign divorce papers. Yelenic v. Yelenic, No. 10944 (Indiana Co., Pa., Ct. C.P. 2003). . . . In Connecticut, divorce proceedings are still alive in the case of Andrew Kissel, a millionaire developer who was found murdered in his Greenwich home in April, nearly a year after his wife filed for divorce. Millions of dollars are at stake. Kissel v. Kissel, No. FST-FA-05-4003907-S (Stanford, Conn., Super. Ct.). . . . Posthumous divorce litigation and revised probate laws has prompted family law expert Jonathan W. Wolfe to issue a word of warning to his clients.
Most law abiding Americans will have contact with only three kinds of courts in the course of their lives: traffic court, probate court, and Sharia court. The last amongst these is also referred to as ‘family court’ in polite language, though its purpose is to preside over the destruction of families, one family at a time, in a civilized manner. But I digress. Sharia court, you said? Walk into any divorce related child custody proceedings, and you will agree with me. Except, that you cannot walk into any of those proceedings. . . . Yes, those proceedings are secret and so are their records, lest the public know what is done in their name. For a lot of strange stuff gets done in the name of the people of the State of Kansas (or any other state for that matter) in these secretive, star chamber proceedings. . . . In this star chamber, where the most heart-wrenching and monumental issues in the lives of many ordinary Americans are decided, there is no jury of peers. Rather one usually all powerful, overburdened, jaded, and tenured judge holds the power of life and liberty over broken people whose children’s college funds are destined to be used instead to send their attorneys’ children to fine universities. MASSACHUSETTS Audit: State not using license threat enough against deadbeats Enforcers of the state's deadbeat parent laws are failing to use often enough one of most powerful tools in their box of incentives -- the threat of a loss of a driver's license, according to an audit released Thursday. . . . Under state law, any parent who is at least 56 days delinquent in his child support payments -- or who owes more than $500 in back child support -- can have his driver's license suspended. . . . But during a single two-month period, the state's Child Support Enforcement Division sent out warning letters to only 3 percent of the nearly 27,000 parents who were eligible to have their licenses suspended, according to the report from state Auditor Joseph DeNucci's office. . . . Delinquent parents in Massachusetts owe about $1.5 billion total in unpaid child support. June 28, 2006 MASSACHUSETTS SJC rules state can seek DNA samples from third parties
The state's highest court, wading into a controversial right-to-privacy issue, on Tuesday ruled that the state can compel DNA samples from someone who is not a suspect in a criminal investigation. . . . The Supreme Judicial Court issued its ruling in the case of a married woman who is charged in the rapes of two teenage boys, 14 and 15. Plymouth County prosecutors have alleged that the woman, Nina Draheim, 25, became pregnant and had a child by each of the alleged victims. . . . Prosecutors had sought a court order to obtain saliva samples from the two children, the two alleged victims and Draheim in order to conduct paternity testing that could be used to show that the alleged rapes occurred. . . . A Superior Court judge rejected the state's request, but the SJC reversed that order Tuesday and sent the case back to Brockton Superior Court for additional hearings. . . . The high court didn't actually order the swabs to be taken, but made it clear that it believes the state has the right to compel the DNA samples. NEVADA The Reno Gazette-Journal launches the "Judge Shooting Blog": ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Another side to the Reno sniper case.
Last Monday, a wealthy Reno, Nev., pawnshop owner allegedly stabbed his estranged wife to death. He is also the prime suspect in Monday's sniper-style shooting of the family-court judge overseeing their divorce. Judge Chuck Weller survived the attack. The wife, Charla Mack, was found "lying face down in a large puddle of blood in the garage." The alleged murderer is the target of a national manhunt. Their 7-year-old daughter is safe with family, as are the two children from a prior marriage. The alleged murderer was, it is believed, upset over an interim settlement in his divorce litigation. . . . This is the kind of story for which the CNN news crawl was invented and the reason Nancy Grace has her own show. It's also the kind of story I'd normally cover as a legal journalist. It offers almost too many angles: There is the custody angle, the violence-against-judges angle; the salacious swingers lifestyle angle; the EST/Landmark angle …But the man the police are now looking for is Darren Mack. And he is my former client. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Wounded Nevada Family Court Judge Was
June 7, 2006 NEBRASKA High court upholds grandparent visitation law (AP) - Nebraska's 1986 law allowing grandparents visitation rights to see their grandchildren was upheld Friday by the state Supreme Court. . . . . The high court ruled in a North Platte case in which Tanya Hamit appealed a ruling giving visitation rights to her former in-laws, Carl and Linda Hamit, to see her two sons. . . . While the divorce was pending, Tanya's husband, Jeremy, had custody of their boys every other week, during which he would take them to visit his parents. . . . Before the divorce was finalized, Jeremy died in a plane crash and Tanya rejected Carl and Linda's attempts to keep seeing the children, who are now 5 and 3. . . . Lincoln County District Judge Donald Rowlands II later granted visitation to the grandparents on the first Saturday of each month, from 9 a.m. to 7 p.m., and for seven consecutive days each summer. . . . Tanya challenged the constitutionality of Nebraska's grandparent visitation statutes, saying they violated her substantive due process rights guaranteed by the U.S. and Nebraska constitutions. NEW JERSEY Cherry Hill Divorce Lawyers Launch Family Law Website
See: http://www.njfamilylaw.net/divorce_pages/divorce_questions.htm Family law is incredibly complex and ever-expanding. Attorneys in the law firm of Borger, Jones and Keeley-Cain prioritize providing competent legal counsel coupled with compassion and understanding. June 2, 2006 CALIFORNIA
Senator Withdraws Bill Giving Custodial Parents
NEW YORK Uncontested Divorce Packet Offered By Court System Officials of the state court system are offering help to couples seeking uncontested divorces. . . . With the Unified Court System's new Uncontested Divorce Packet, New Yorkers seeking an uncontested divorce without the assistance of an attorney will have an innovative new tool to help them. The comprehensive new packet, announced Tuesday by Chief Judge Judith S. Kaye and Chief Administrative Judge Jonathan Lippman, is designed to simplify the complex legal process for self-represented litigants seeking uncontested divorces that do not involve children. It features user-friendly graphics and design with plain language step-by-step instructions and practice forms. May 24, 2006 Time To Address Domestic Violence Abuses
The reauthorization of the Violence Against Women Act (VAWA) was signed by President Bush in January without any public debate, but evidence is now surfacing which Congress should have examined before the law was passed. VAWA is a nearly-billion-dollar-a-year extension of one of the major ways that Bill Clinton bought the support of the radical feminists. . . . Why Republicans passed this bill is a mystery. It's unlikely that the feminists who will spend all that money will ever vote Republican. . . . Passage of VAWA was a major priority of the American Bar Association (ABA) for whose members it is a cash cow. More than 300 courts have implemented specialized docket processes to address VAWA-type cases, more than a million women have obtained protection orders from the courts, and more than 660 new state laws pertaining to domestic violence have been passed, all of which produce profitable work for lawyers. . . . A recently issued ABA document called "Tool for Attorneys" provides lawyers with a list of suggestive questions to encourage their clients to make domestic-violence charges. Knowing that a woman can get a restraining order against the father of her children in an ex parte proceeding without any evidence, and that she will never be punished for lying, domestic-violence accusations have become a major tactic for securing sole child custody. NEW YORK More Mayhem In A Bitter Divorce
Their divorce battle is turning into Staten Island's version of the "War of the Roses." . . . Yesterday, with charges already hanging over her head in connection with the pistol-whipping of her husband and the intimidation of a witness with a gun, Mildred Azrak of Prince's Bay was arrested again -- this time for allegedly pointing a loaded .9-mm at her estranged spouse and threatening to pull the trigger. . . . Christopher Azrak, 40, an ex-cop who suffered three broken bones in his face and a fractured eye socket when his wife allegedly used a gun to beat him in front of his Brooklyn home last month, also was hauled away in handcuffs yesterday, b ut he won't face any charges. . . . Sources said Mrs. Azrak had told police that her husband violated an order of protection by being near her home in the Captain's Quarters townhouse development in Prince's Bay. . . . When Mrs. Azrak drove away from the complex at about 8 a.m., cops were tipped that she was in possession of a loaded pistol, a source said. MISSOURI
Legal experts would like to stem
misuse of Documents are issued by a court judge to help protect a victim from an abuser or harasser. . . . Shelby McBride sees "frequent flyers" in and out of her Common Pleas Courthouse office to file ex parte orders of protection on a daily basis. . . . The Cape Girardeau County circuit clerk knows victims of abuse exist. But she believes 80 percent of the people who enter her office to file aren't the actual victims. . . . "I think a lot of what we deal with are people who just want to fight in court," she said. "They need to be educated on what orders of protection actually are." . . . Ex parte orders of protection are documents issued by a court judge to help protect a victim from an abuser or harasser. Or they can be issued to protect an abused child from an abusive parent or guardian.
Nearly All Paternity Tests Back Dad's
Biological Claim NORTH CAROLINA Law Firm'S Web Site Offers Help To Couples On the Web: Stay Happily Married: http://www.stayhappilymarried.com Stay Happily Married was established by Rosen Law Firm. It provides advice from someone who has worked with couples ending their marriage and who knows what it takes to build a long-lasting relationship. . . . The advice includes having realistic expectations for your marriage, keeping spontaneity and playfulness in a relationship, facing conflict in healthy ways and learning how to appreciate your spouse for what initially attracted you to them. April 20, 2006 WISCONSIN Court system offers self-help Web site
A new Web site offered by the Wisconsin court system is designed to guide individuals representing themselves in family court. . . . The site, part of the Consolidated Court Automation Programs, takes users through an online interview and provides the necessary forms for filing actions related to separation and divorce. . . . Clerk of Court Lori Meyer said the St. Croix County site went online at the end of March. “We’ve had at least a dozen people use the site in the first two weeks,” Meyer said. . . . A 2003 survey of the 10th Judicial District revealed that 70 percent of the people involved in family cases in St. Croix County weren’t represented by attorneys. In Chippewa County, 79 percent of the individuals involved in family court cases were unrepresented. In Sawyer County it was 80 percent. The statewide average is about 70 percent. . . . The new Web site gives the user a series of questions and fills in required forms based on the answers, much like software used to complete a tax return. Blank versions of the standardized forms are offered for people who prefer to do the job by hand. To access the self-help family Web site, go online at http://wicourts.gov/services/public/prose.htm For more information, call the St. Croix County Clerk of Court office at (715) 381-4396. April 12, 2006 NEW HAMPSHIRE Divorcing couple can't be forced to sell land to settle debts (AP) --A judge cannot order a divorcing couple to sell property to settle their marital debts, the state Supreme Court said. . . . In a unanimous ruling Tuesday, the court said it was the first time it had considered the question. . . . The ruling came in the divorce of Kathlyn and Keith Beal, who were about $90,000 in debt when a judge in Hillsborough County Superior Court in Nashua ordered them to sell property in Canada worth more than $50,000. . . . The Beals already had sold marital property worth about $22,000, which was held in an escrow account administered by a lawyer. . . . Judge Bernard Hampsey ruled it would be unfair to award the Canadian property to either one of the Beals. He ordered the lawyer to sell it, put the proceeds in the escrow account, negotiate settlements with the Beals' creditors and pay their debts.
On the Net: Decision in
Beal v. Beal:
http://www.courts.state.nh.us/supreme/opinions/2006/beal028.pdf April 11, 2006 NEW HAMPSHIRE Case of the 'Mexican divorce'
After listening to convoluted testimony about a pair of marriages and a questionable Mexican divorce, a panel of lawmakers voted unanimously yesterday to reject a bill aimed at removing Rockingham Superior Court Justice Kenneth McHugh. . . . The lawmakers expressed sympathy for McHugh and questioned the value of the obscure constitutional procedure that put his career on the line because of the complaints of a single former New Hampshire resident - a retired airline pilot who said he once committed accidental bigamy and who has a history of filing unsuccessful lawsuits. . . . "This was a pretty wild and crazy episode, and poor Judge McHugh has gone through the ringer on this one," said state Sen. Lou D'Allesandro, a Manchester Democrat who served on the special committee. . . . Yesterday's 12-0 vote marked an anti-climactic ending for a campaign mounted by Rep. Dick Marple, one of the Legislature's most notorious firebrands. Marple sought to remove McHugh by filing a "Bill of Address," a seldom-used provision that allows lawmakers to unseat judges with lower standards of proof than impeachment and no trial. Lawmakers have filed such bills only three times in the last 70 years. . . . Marple's action triggered an automatic hearing and vote on McHugh's career by a panel of six representatives and six senators. Although the committee voted to recommend killing the bill of address, it still must head to the full House before it can be put to rest. . . . Although lawmakers joked about the nature of the testimony yesterday, they treated the proceedings seriously, since McHugh's career was at stake.
Contact: Patrick
J. Berarducci, Senior Special Agent, ATF, 614.496.4518 -- April 8, 2006 Family Law blog ranked in top 25 most popular law blogs In a list of the most popular law blogs, the Family Law Prof Blog, edited by William Mitchell Professors Nancy VerSteegh and Bob Oliphant, with Barbara Glesner Fines, University of Missouri-Kansas City Law School, ranked 22 out of approximately 500 blogs. . . . The rankings, which are based on daily traffic to the blogs, were compiled by Professor Roger Alford, Pepperdine University School of Law in his blog Opinio Juris. The Family Law Prof blog is reported to get 273 visits per day. Parent Trap? Litigation Explodes Over Paternity Fraud
April 7, 2006 CONNECTICUT High-Profile Divorce Brawl Puts Spotlight on Confidentiality Agreements
TEXAS
Do-it-yourself divorce March 21, 2006
X-rated 'children's' books outrage
students' parents Parents across the nation are taking action against both school districts and libraries that feature books, some of them required reading, that include sexual issues and obscenity many believe are inappropriate for school children. . . . In Overland Park, Kan., parents have organized to protest the inclusion of obscene books on children's assigned reading lists in the Blue Valley School District. The parents took action after a few of them researched the books kids were being asked to read. . . . "[My son] is a 14-year-old freshman boy, and [the book] had references to oral sex and homosexuality. … I thought it was a mistake!" Janet Harmon, one of the Blue Valley parents, told activist group Concerned Women for America. . . . The Kansas parents eventually started a website, Classkc.org, designed to inform parents about the contents of their children's reading material and about how to get involved to make changes. . . . The site includes pages with explicit examples of narrative bestiality and oral sex, citing the school board-approved books from which the excerpts come. Why Parenting Time Motions Fails and Child Support Motions Succeed
Federal Judge Rejects Lawyer's Motion to Disqualify Ex-Wife's Attorneys
KANSAS Kansas License Bill Unfair To Noncustodial Parents
MARYLAND
Proposed new bill language could induce courts in Maryland to award attorneys for children “absolute immunity” from liability for malpractice, making it impossible to hold them accountable even for grossly negligent or reckless breaches of professional responsibility. Legislators in Annapolis have apparently rejected the idea of conferring immunity on court-appointed attorneys for physically and sexually abused children who carelessly, negligently or incompetently represent their child clients. That is great news for abused children. As the most vulnerable clients in the system, children need and deserve accountable attorneys who are held to the highest standards of professional conduct. . . . Unfortunately, the battle to protect Maryland’s children is not yet over. Proponents of immunity—primarily lawyers who stand to benefit personally—have advanced new bill language designed to hoodwink legislators into indirectly granting immunity through the courts. Worse, the immunity conferred by the new bill language would be even stronger than the immunity that has already been rejected, making it impossible to hold attorneys for children accountable even for conduct that recklessly endangers a child’s well-being. . . . Last week, the drafters of the original immunity bill announced that they were giving up on trying to win immunity for court-appointed attorneys for children, and that they would be removing all references to immunity from the bill. In its place, however, they proposed to insert new language authorizing courts to appoint attorneys for children who would not owe their primary duty to their child clients. CALIFORNIA
California Supremes: Oral sex with
kids is OK! Look for William Jefferson Clinton to move to California soon. One of his favorite sexual activities is being given a wink and a nod by that state's highest court. . . . You know ... the naughty kind of wink and nod that does nothing to protect your children, but certainly assuages the guilt of the judges' own moral code. And in doing so, it bends the reasoning of what should be a body that protects our citizens into one that targets them. . . . On Wednesday, the California Supreme Court voted 6 to 1 to not force those convicted of having oral sex with underage kids to register as sex offenders with the state. The majority judges said that the law was "too harsh and unfair." Yes, I'm sure that the problem with such enforcement is the resolute "unfairness" of punishing those who know it is a crime and yet do it anyway. How terrible. NEW JERSEY Court: "Deadbeat" parents can get lawyers WHEN FACING JAIL Anne Pasqua, et al. v. Hon. Gerald J. Council, et al. (A-131-04) March 8, 2006 NEW JERSEY Parents Entitled to Counsel in Child Support Cases
Today, the New Jersey Supreme Court ruled 6-0 that parents (indigent -- as most are) are entitled to be represented before they can be incarcerated for owing child support arrearages in civil contempt matters. The Supreme Court cited numerous federal and state cases in its decision. The case is Pasqua v. Council, et al., A-131-04, argued October 24, 2005; decided March 8, 2006. The Court ruled that it doesn't matter if the contempt matter is designated as criminal or civil, but whether there is due process fundamental fairness before one can be deprived of a liberty. The High Court also rejected the contention that a judge can adequately protect the rights of an indigent parent by conducting a thorough and searching ability-to-pay hearing. However well-intentioned and scrupulously fair a judge may be, when a litigant is threatened with the loss of his or her liberty, process is what matters. Although requiring counsel may complicate court order enforcement proceedings, it protects important constitutional values, including the fairness of our civil justice system. The Court found that there is no principled reason why indigent parents facing incarceration for an alleged willful refusal to pay child support should not be afforded assigned counsel. It also found that all parents charged with violating a court order must be advised of their right to counsel. Otherwise, incarceration may not be used as an option to coerce compliance with support orders. Those parents arrested on warrants for violating their support orders must be brought before a court as soon as possible, but, in any event, within 72 hours of their arrest. http://www.judiciary.state.nj.us/opinions/supreme/A-131-04.pdf
Bruce Eden is the Director of Fathers Rights Association of New Jersey & NEW YORK
March 3, 2006
Social Security, Welfare and Child
Support Enforcement
How federal welfare funding drives
judicial discretion in child-custody determinations and domestic
relations matters NEW YORK
Commentary - Child Support Enforcement A Fraud After reading the article "NYS Child Support Collections Top $1.5 Billion" (Feb. 25, 2006), the words that come to mind are "fraud", "scam", "extortion", "racketeering" and "government oppression".. . . The state talks a good story about how all the increased child support enforcement and collections benefits the children. This is pure fantasy. The monies that the state awards, enforces and collects is directly proportional to how much it receives from the federal government as incentive reimbursement funding. And that amount is in the several hundreds of millions of dollars. The monies that the state receives for child support enforcement has no strings attached. The state uses this funding to bolster their state employee and judicial pension plans. Sounds like a massive conflict of interest and criminal conspiracy to me. The U.S. Supreme Court held in Tumey v. Ohio, Ward v. Monroeville and Gibson v. Berryhill that judges cannot sit on cases where they have a pecuniary interest in them because it would be a demonstration of actual bias. UTAH
Utah's top court hears arguments over Grandmother is requesting chance to see 10-year-old girl
The father of a 10-year-old girl who has custody of the child and the girl's maternal grandmother squared off in oral arguments before the Utah Supreme Court Wednesday over whether a lower court should be able to order grandparent visitation despite the father's objections. . . . Darryl Thurgood insists such a court order violates his constitutional rights to make decisions he considers in the girl's best interest and be free of interference from others, including the state. . . . The girl and her mother lived with the maternal grandparents for the first four years of the child's life and a strong bond developed between the child and grandparents. After the mother died unexpectedly in 2000, the grandmother, Darlene Uzelac, sued in 3rd District Court for custody, or visitation as an alternative, but was denied. . . . Custody was awarded to Thurgood, who was divorced from the child's mother when she died, and he was found by the court to be a "fit and proper" parent for the girl. February 24, 2006 IOWA Marriage Contract Case Has International Attention Pottawattamie County Attorney Says He's Been Inundated With Requests A Pottawattamie County kidnapping case is getting international media attention, in part because the case is centered on a controversial marriage contract that outlines wifely expectations. . . . When the case goes to trial next month, the courthouse will be a busy place. Pottawattamie County Attorney Matt Wilber said he expects the media horde to include a crew from Germany. . . . "Obviously, it has a lot of salacious details," Wilber said. . . . Travis Frey, 33, is accused, among other things, of giving his wife chances to win "good behavior days." Frey was in court earlier this month after he turned himself in to Pottawattamie County authorities on separate charges of downloading child pornography onto his home computer. A judge told Frey the charges stem from March 2005. . . . Frey is already charged with first-degree kidnapping, which is a crime punishable by life in prison without parole. Frey also faces a charge of domestic assault causing bodily injury on his wife. . . . "The allegations are that he confined and subjected his wife to sexual abuse," said Wilber. . . . According to court records, Frey's wife told police her husband tied her to their bed with a rope and sexually assaulted her at least three times. Frey's wife also provided police with an alleged "marriage contract," which was titled "Contract of Wifely Expectations." In it, Frey allegedly gave his wife chances to earn "good behavior days" -- or GBDs -- by complying with certain demands, such as hygiene and self-care. "You will shave every third day," the contract states, and "You will be naked within 20 minutes of the kids being in bed." Video: International Spotlight Falls On Pott. Co. Case NORTH CAROLINA Law Firm'S Web Site Offers Help To Couples On the Web: Stay Happily Married: http://www.stayhappilymarried.com Stay Happily Married was established by Rosen Law Firm. It provides advice from someone who has worked with couples ending their marriage and who knows what it takes to build a long-lasting relationship. . . . The advice includes having realistic expectations for your marriage, keeping spontaneity and playfulness in a relationship, facing conflict in healthy ways and learning how to appreciate your spouse for what initially attracted you to them. ADF asks U.S. Supreme Court to hear “psychological parenting” case
Lower court ruling left
door open for girl to have three legal parents over mother’s and
father’s objections Attorneys with the Alliance Defense Fund have filed a petition to the U.S. Supreme Court to hear a case regarding a third party’s parental claims over a young girl, an arrangement the child’s married biological mother and father oppose. “Unless there’s proven abuse or neglect, the wishes of a child’s biological parents should always take precedence over anyone else,” said ADF Senior Legal Counsel Chris Stovall. “Here you have a situation where the biological mom and biological dad are married to each other and desire to raise their daughter together, yet a third party is suing to be declared that she is also this little girl’s legal parent with full parental rights,” Stovall explained. “The lower court’s ruling has paved the way for a child to have three legal parents, and we hope the U.S. Supreme Court will hear this case and overturn that disastrous decision.” The third party seeking to gain parental rights, Sue Ellen Carvin, was formerly in a lesbian relationship with the child’s biological mother, Page Britain. The child’s father, John Auseth, had lived with the two women, sharing financial and household responsibilities while Britain was pregnant with his child. After Carvin and Britain ended their relationship, Britain and Auseth became engaged and eventually married, wanting to raise their daughter together as a family. Though Auseth and Britain were engaged before Carvin sued Britain, and married shortly after, the Washington State Supreme Court failed to make Auseth a party to the case along with his wife so he could defend his family. In the first case of its kind in the state of Washington, the Washington State Supreme Court created a “de facto” parentage claim, allowing a legal stranger to a child to obtain constitutional and parental rights equivalent to that of the child’s fit parents and over the parents’ objections. “Our nation has a deeply rooted tradition of protecting the fundamental right of fit biological parents to raise their children as they feel best,” said Stovall. “The Washington State Supreme Court attempted to unravel that moral fabric in granting a third party the opportunity to gain the same constitutional parental rights as the child’s fit, biological parents.” ADF-allied attorney Kristen Waggoner is serving as lead counsel on the case, Britain v. Carvin, along with ADF-allied attorneys Steven O’Ban and Kyle D. Netterfield. “The lower court allowed a legal stranger’s emotional attachment to a child to supplant the fundamental constitutional rights of the child’s family,” said Waggoner. “The latitude for third-parties to make parentage claims--including claims by a live-in boyfriend, a relative, or a family friend--is troubling. Rulings like this could have serious implications for all families, and parents should be very concerned.” The petition for writ of certiorari in the case can be read at www.telladf.org/UserDocs/BritainvCarvinPetition.pdf. ADF is a legal alliance defending America’s first liberty--religious freedom--through strategy, training, funding, and litigation. No-Fault Divorce--The End of Marriage?
By now, any observer with a modicum of moral insight is aware that marriage is an institution in crisis. Nevertheless, one of the most significant factors contributing to this crisis is often overlooked, and that one factor has led to the breakup of more marriages than any other--no-fault divorce. . . . In an insightful article published in the March 2005 edition of Crisis magazine, Stephen Baskerville argues that America's embrace of easy divorce is the most significant reason that marriage is now threatened and, by some measures, hanging by a thread. . . . Baskerville, a political scientist at Howard University, points to the 2004 election as evidence that many Americans understand that marriage is in peril. "America is in revolt over marriage," Baskerville explains. "Some 17 states have now passed amendments to protect the definition of marriage, and more will follow." Baskerville credits the same-sex marriage controversy with building considerable support for President Bush's reelection and "has also shaken the decades-long loyalty of African Americas to the Democratic Party." . . . Beyond all this, Baskerville also sees signs of hope in cultural developments such as Bill Cosby's comment on family morality and his call for African American males to reassume responsibility as husbands and fathers. Similarly, the political ground is truly shaking when voters in Massachusetts--by an 85-percent margin--called for fathers to be given equality in custody decisions. NEW HAMPSHIRE Website targets lawmakers, lobbyists
Dad's activism unsettles State House
Marc Snider, a divorced dad who regularly attends legislative hearings on family-law bills, calls himself "a righteous force for equality and fairness in the true best interests of New Hampshire's children." But his tactics go too far, some lawmakers and lobbyists said. . . . Last year, Snider posted a photo of a lobbyist, identifying her and others he says do the bidding of "radical anti-father ideologues" and manipulate policy from "the shadows." . . . He has also posted pictures of House Children and Family Law Committee members on his website, along with a scorecard to be filled in with their votes. . . . He has videotaped multiple committee hearings, including one last week where he pointed his camera toward the audience – making a couple of lobbyists from family organizations feel intimidated or reluctant to testify, said Rep. Mary Stuart Gile, a Concord Democrat who raised the issue at a subsequent committee session. "There were a number of people who felt threatened," she said. . . . Debates over custody and child-support legislation typically draw impassioned fathers who say the divorce system discriminates against them by creating two classes of parents. Many tell stories about their struggles to maintain access to their children and some regularly send e-mails to lawmakers. OHIO
Canton lawyer scrutinized over actions
during divorce The last time Canton lawyer David S. Ake said he was in Columbus was to be sworn in as an attorney. On Thursday, he was sitting in a witness chair, trying to keep his law license. . . . At a hearing before the Supreme Court’s Board of Commissioners on Grievances and Discipline, Ake admitted he violated a court order in 2002 while he and his wife, Janet, were dissolving their marriage and dividing property. By all accounts, it was an acrimonious, emotional and highly contentious dissolution. . . . During the process, the judge hearing the case found Ake in contempt of court, though that charge was later dropped once the dissolution was finalized. Ake was his own attorney during the proceedings. In the aftermath, however, the Stark County Bar Association said Ake violated the state’s code of conduct for attorneys. . . . Though he repeatedly apologized for his actions, Ake denied violating any rules.
OHIO Legal appeal challenges civil no-fault divorce unconstitutional An Ohio mother of four has launched a constitutional appeal against an Ohio civil divorce and custody decision, arguing her religious beliefs and free speech were used against her in the proceedings. Marie “Bai” Macfarlane’s husband abandoned her and their four children in 2003 and began no-fault divorce proceedings. Mrs. Macfarlane is a stay-at-home mother and devout Roman Catholic who homeschooled her children until 2004. Her potentially precedent-setting appeal was submitted by Ave Maria School of Law professor Stephen Safranek. The Constitutional Law professor argues: “The civil courts do not have sole authority to end her marriage or to control the upbringing of her children. These religious and moral beliefs may be considered alien or quaint in our culture. Yet, the holding fast to such beliefs should not result in discrimination against a mother.” Mrs. Macfarlane said, “My husband and I agreed to marry for life. Even if disputes arose, I expected that we would resolve them as Catholics, from the Church’s moral position.” The civil divorce court refused to allow a third party arbitrator, the ecclesiastic authority of the Roman Catholic Church, to determine separation procedures, financial settlements and custody of the children. This is despite legal precedents set in cases of Jewish or Islamic marriages. Further, the appeal argues the Guardian for the children in the case was hostile to Mrs. Macfarlane’s religious views and did not act properly in defending the interests of the Macfarlane children. The Guardian removed them from their mother’s care although the court psychologist report states the children, “do want more time with their mom” and the older boys “were adamant supporters of homeschooling.” The court’s ruling gave the father, who works full time, permanent custody and their stay-at-home mom visitation time. This occurred despite the fact that the father, “did not have a single family member or friend or even an employee who could testify on his abilities to serve as a custodial parent. However, a veritable blizzard of family and friends testified on behalf of Mrs. Macfarlane.” Mrs. Macfarlane says: “I was forced to stop homeschooling my three older children. My youngest child is in daycare although I am willing to stay home and care for my children. I have no right to make any decision regarding their upbringing. Finally, although we as a family poured our lives and savings into a non-profit foundation, my husband runs it and I have been ordered to get another job.” Mrs. Macfarlane has taken her case on a parallel track before the Church Tribunals. Mrs. Macfarlane has founded the website www.marysadvocates.org for people concerned about no-fault divorce. To learn more about Professor Safranek’s public interest law firm handling this case, visit www.truemarriage.net. For more information contact: Mr. Stephen Safranek, 3475 Plymouth Road, Ann Arbor, MI 48105. Phone: (734) 827-8096. E-mail: ssafranek@truemarriage.net TEXAS Texas Girl Says Abuse Claims Were Coerced by Mom Cousins Jailed for Molestations She Now Claims Never Happened ABC NEWS ORIGINAL REPORT Sixteen-year-old Stephanie Arena longs for a normal girl's life, but she is haunted by the fact that she sent her teenage cousins to prison for a crime she now says they didn't commit. . . . The sordid story began when Stephanie, just 7 years old at the time, was caught in a bitter custody battle between her parents, LaVonna and Stephan Arena. Worried that she'd lose her daughter, LaVonna took Stephanie and her brother from their home in Texas to a Florida homeless shelter. She then justified the abduction by telling social workers her kids were being molested. . . . Stephanie now says her mother used her as a tool to pry her family apart and to get her father to drop his custody claim. . . . "I am responsible for putting them in prison, and now that I am older and I can understand the consequences of my actions, I need to step up and do what I have to [to] make things right," she told "20/20" in an exclusive interview. . . . Her cousin John Arena, 17 at the time of the trial, was released on parole after serving five years of a seven-year sentence. Michael Arena, then 16 years old, is currently serving a 20-year sentence in a Texas prison. "When divorces can be summoned to the aid of levity, of vanity, or of avarice, a state of marriage frequently becomes a state of war or strategem." -- James Wilson (Lectures on Law, 25 November 1791) -- Reference: Vindicating the Founders, West (100); original Works, Wilson, ARIZONA Disbarred attorney accused of fraud in divorces
Gina Niedzwiecki had no reason to believe Gilbert resident Gary Karpin wasn’t an attorney helping her through her divorce. . . . He talked the talk and a law degree graced the wall of his northeast Phoenix office, she said. . . . But by the time her divorce decree came in the mail, he had charged her $87,000 for work she could have done herself for $400 and she had discovered he was a disbarred attorney from Vermont, she said. . . . Now the Maricopa County Attorney’s Office, which is prosecuting Karpin on 16 counts of fraud, is looking for more people like Niedzwiecki by setting up a special hotline. . . . "It’s a significant case and growing," County Attorney Andrew Thomas said. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
HOTLINE FOR
VICTIMS OF GARY KARPIN ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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"Harmony in the married
state is the very first object to be aimed at."
"I do not charge the judges with wilful and
ill-intentioned error; but honest error must be arrested where its
toleration leads to public ruin. As
for
the safety of society, we commit honest maniacs to Bedlam; so judges should
be withdrawn from their bench whose erroneous biases are leading us to
dissolution. It may, indeed, injure them in fame or in fortune; but it saves
the republic, which is the first and supreme law." |
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