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Family News & Views 2007 |
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Family News & Views 2007 |
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Click headline for full story December 2007
Texas ranks top in child support collection, but advocates
12-29-07 -- The logic is simple. . . . You bring a child into this world. . . . You help bring that child up. . . . But for 1.2 million Texas parents, something is lost in the equation. . . . Last year, the state’s attorney general’s office forcibly collected more than $2 billion in unpaid child support from mothers and fathers who, for whatever reason, failed to meet financial obligations to their children. . . . Of those cases, 36,000 originated in Hidalgo and Starr counties, where more than 30 percent of court-ordered payments went unheeded. . . . Ask how this could happen, and it seems everyone has an answer: . . . From mothers who say the state isn’t doing enough to punish their children’s “deadbeat dads,” to overworked caseworkers who promise they are doing all they can. . . . There are fathers who accuse the court of discrimination and judges who argue justice knows no gender in family court. Are Parents Becoming Fossilized Thing Of The Past?
12-23-07 -- This last year I can hardly take a breath as I hear of assault after assault on parents, marriage, our children and our most basic traditions! You may recall the wonderful and glowing news of some schools now handing out birth control to our 11 year old girls! Us pesky parents should know that our 5th graders will be sleeping around and they have to have protection from pregnancy. You know as I do with the economy stretched in a time of war, abortions are expensive for a little girl. Lets try and keep her from them. . . . Of course, what am I thinking…..some schools in California will get your girl to an abortion clinic without even telling us parents. After all, it is confidential information. Why should a concerned parent know if their 13 or14 year old is doing something silly and small like MURDER and possibly hemorrhaging on a mystery-operating table? It is their right. WE HAVE NONE! Especially if you are a nasty Christian and actually think sleeping around and getting pregnant before marriage is wrong!!
Change law to modify grandparent visitation THE ISSUE: The state Supreme Court has struck down a law that gives broad visitation rights to grandparents.
12-21-07 --Hawaii legislators enacted a feel-good law in 1993 intended to provide grandparents reasonable visitation rights that "are in the best interests of the child." However, the government has no business meddling in such basic parental decisions except to protect a child from harm, and the state Supreme Court properly struck down the law this month as unconstitutional. The law needs to be amended to comply with the state and federal constitutions. . . . The ruling is consistent with a U.S. Supreme Court decision in 2000 finding that a judge requiring a parent to succumb to grandparents' visitation rights violates the due-process clause of the 14th Amendment protecting a person's "liberty." . . . The federal high court had ruled as early as 1925 that "liberty" includes parents' right to "direct the upbringing" of their children. The privacy provision in Hawaii's Constitution protects a person's decisions regarding "family relationships ... without unjustified government interference." . . . A Hawaii couple asserted the right to visit their 6-year-old grandchild in 2003 despite objections by the child's mother; the father had moved to California after the divorce a year earlier. Family Court Judge William S. Chillingworth properly rejected the grandparents' claim to visitation rights.
12-19-07 -- Mass incarcerations without trial or charge; forced confessions; children forcibly separated from their parents with no reasons given; doctored hearing transcripts and falsified court records; evidence fabricated against the innocent; government agents entering the homes, examining private papers and personal effects, and seizing the property of citizens who are under no suspicion of legal wrongdoing; special courts created specifically to convict people who cannot be convicted in ordinary courts; children instructed to hate their parents by state functionaries: Is all this the Soviet Union in the 1930s or Communist China in the 1960s? Is this some novelist’s prognosticated dystopia? No, all this and more is routine in the United States today. . . . Among the most disturbing tales to come out of totalitarianism were the revelations of how both Nazi and Communist governments intruded into family life. The practice of governments dictating to parents what they could tell their children or using children as informers against their parents strikes us as chilling and unnatural. Yet similar practices are occurring in America today on a much more massive scale. . . . What we are talking about here is family law, a secretive political underworld of which few are aware until it strikes them. Parents summoned to family court discover that their children can be taken away, they can be forced to turn over all their property without explanation to government officials and their private clients, their future earnings can be confiscated to the point where they are unable to house or feed themselves, and they can be incarcerated without trial – all without any evidence or even charge that they have committed any actionable offense.
Judge Discredits Man's Claim That Obesity Cost Him Adoption, but Grants Temporary Custody
12-19-07 -- A man who gained national media attention by claiming he was not allowed to adopt a baby because of his weight was awarded temporary custody of the child, but the judge chided him and his wife, saying they knew the primary reason the boy had been removed from their home had nothing to do with obesity. . . . Gary and Cindy Stocklaufer had violated adoption law when they failed to obtain some required paperwork when the baby was moved into Missouri from another state, Jackson County Circuit Judge John R. O'Malley said in his order, which he made public Tuesday. . . . After their petition to adopt the baby, Max, was denied in July by another judge, the couple publicly said it had been because Gary Stocklaufer weighed 550 pounds at the time. The 35-year-old underwent gastric bypass surgery for free from a Dallas clinic in August after the publicity and has lost about 200 pounds. . . . "He seeks to extort a favorable result by his accusations," O'Malley said. "Fortunately, Missouri courts base decisions on the weight of the evidence, not the weight of the litigants."
Judge boots parents from son's schooling
12-19-07 -- Another judge in Massachusetts has ruled against parental input regarding the education of their own children, this time deciding that a district's special education program for a 13-year-old can move forward even though his parents refused to sign an authorization for the additional monitoring and counseling. . . . As WND reported, it was a year ago when U.S. District Judge Mark L. Wolf of Massachusetts dismissed a civil rights lawsuit by a parent, concluding it is reasonable, indeed there is an obligation, for public schools to teach young children to accept and endorse homosexuality. . . . That case, involving parent David Parker, recently was argued on appeal of Wolf's decision, which essentially adopted the reasoning in a brief submitted by several homosexual-advocacy groups. They said "the rights of religious freedom and parental control over the upbringing of children … would undermine teaching and learning…"
Meet the family court judge who was overturned for the sixth time this year. New York County Family Court Judge Sara P. Schechter’s finding that a mother identified as Josefina C. neglected her children got “due deference” from the Appellate Division. Or so a unanimous panel of the appellate court dutifully said in a ruling which ultimately concluded that Schechter’s finding flew in the face of the evidence laid out before her in a fact-finding hearing. . .. Josefina’s apartment was “messy,” the appellate panel conceded. And her 16-month-old daughter suffered “a minor burn on her bottom.” But according to the uncontradicted testimony, the injury occurred when she touched an uncovered steam pipe while she was bouncing and playing on a bed with her father and sister, and it was promptly treated. Neither that nor the condition of the apartment supported the finding of neglect, the appellate panel concluded, reversing Schechter and dismissing the neglect petition. Matter of Allison B. v Josefina C. (December 13)
Judge investigated for homeschooling threat
12-19-07 -- A threat by a Utah judge to take away a homeschooling mom's children if she failed to enroll them in public school, and make sure they were in attendance every day, has been escalated to the level of the state Legislature, according to a homeschooling leader. . . . "I can tell you there are several legislators working on this, including one on the judicial retention committee," John Yarrington, president of the Utah Home Education Association, said. "There's no excuse for this kind of bias and prejudice." . . . At issue are the threats issued by Judge Scott Johansen, who serves in the juvenile division of the state's 7th Judicial District . . . He said in a court hearing for the homeschooling mom, Denise Mafi, that he would order the removal of her children from her custody if she failed to enroll her children in the public school district and keep them in class every day, unless they had a physician's note excusing them. . . . Mafi, who has homeschooled for nine years, told WND that she already had enrolled the children, for fear the judge would carry out his threat. . . . WND earlier reported the confrontation developed after the school district apparently lost an affidavit Mafi had submitted for the 2006-2007 school year.
Breaking Up Is Hard to Do: Divorcing a Judge, Local Lawyer Has Trouble in Mind
12-17-07 -- A lawyer seeking a divorce from a state judge has expressed concern that he will have trouble getting a fair shake because other judges will likely side with one of their own. . . . The unusual case, which has already involved the state Supreme Court, centers on prominent Hartford criminal defense attorney Hubert J. Santos and Superior Court Judge Thelma A. Santos, a Rockville juvenile judge. . . . Hubert Santos is represented by another formidable defense lawyer, Hugh F. Keefe of New Haven. In court documents, Keefe argued that because Thelma Santos was a Hartford family court judge in the 1990s, Hubert Santos would face an "unconscious bias" that exists "when a judge has to decide a case involving one of his or her own." . . . Keefe argued that all applicable case law and the Code of Judicial Conduct requires a transfer, and proposed either Waterbury, Litchfield, New Haven or Bridgeport, to assure a fair trial and the appearance of propriety.
Lawyer accuses Tucker of pushing bill to aid his wife
12-17-07 -- (AP) — A divorce attorney has accused state Rep. Jim Tucker of pushing legislation to help Tucker's wife in a custody case. . . . Attorney David Hufft, who represents the former husband of Tucker's wife, Marisol, wants a Plaquemines Parish judge to compel Tucker and other lawmakers to testify about their involvement in the bill. . . . An attorney for the state House of Representatives, Alfred "Butch" Speer, said the Louisiana Constitution gives lawmakers a privilege protecting them from having to answer questions about their actions in voting on, amending and writing legislation. . . . Judge Anthony Ragusa Jr. did not immediately rule. Tucker's personal attorney deferred to Speer during the hearing and didn't comment later. . . . During a May committee meeting, Tucker, a Republican, spoke in support of a bill by Rep. Jeff Arnold, D-Algiers, that he said would help victims of the 2005 hurricanes who were forced to move to another parish in the midst of a custody case.
Court Denies Attempt to Reduce Maintenance to Jailed Ex-Wife
12-17-07 -- A Nassau County, N.Y., judge has rebuffed a man's bid to slash or eliminate the $4,000-a-month in maintenance he owes his jailed ex-wife. . . . Although Scott May of Manhattan agreed to the payments in 2004 when he and Denise May were divorced, he argued that Ms. May does not need the money now that she is incarcerated for drug possession and her needs are being met by the state. . . . Justice Elaine Jackson Stack, in May v. May, 201540/02, rejected the request, which she said was tantamount to "punishment or retribution for defendant's bad conduct." . . . "This court in no way condones defendant's criminal activity; however, once she has served her prison sentence the court believes she should have an opportunity to rehabilitate herself," Stack said. "Without funds and with no job potential or home available to her, she is likely to become a public charge or, in the worst case scenario, to engage in criminal conduct again." Family Court is a Deadly Business
The Family Court System has its' fair share of problems, but one of those problems that has not had a very thorough review is that it is an ever-increasingly "Deadly Business." In fact, I didn't even start thinking about the effects outside the courtroom and outside the home regarding the effects of the public policy of single-parent custody awards and "unilateral divorce" until my recent involvement and trip in Frederick, Maryland. . . . There should be substantial concern over the instant murder-suicides, premeditated murders, and drastic suicides that are occurring in families that are involved with domestic relation suits or family courts around the nation. . .. In Frederick Maryland, several families over a six month period of time were reported as having ongoing child custody disputes that resulted in death. The most recent of which drew my attention regarding the Thanksgiving Holiday "massacre" that occurred there. [more]
For more information about Lary Holland,
visit his website at
http://www.laryholland.com.
Mr. Benjamin's Divorce & His White-Collar Crimes
As my post "Divorce, Child Support & Reporting Tax Fraud" mentioned, divorcing spouses sometimes tip the IRS about a suspected tax fraud. Mrs. Benjamin for example, tipped the IRS because she thought that her divorcing husband had underreported revenue from his commercial maintenance and landscaping business. She specifically provided the IRS with the business documents Mr. Benjamin had produced during the pre-trial discovery phase of their divorce case. These documents included payment summary records from Mr. Benjamin's customers like Wal-Mart. As part of her tip to the IRS, Mrs. Benjamin also turned over joint tax returns which Mr. Benjamin had supposedly filed for the years 1998 and 1999. . . . A records check at the IRS however demonstrated that the 1998 and 1999 joint tax returns had never actually been filed by Mr. Benjamin. The IRS also learned that from 1997 through 2001, Mr. Benjamin had neither paid income tax nor filed state or federal income tax returns. IRS Special Agents then received false information from Mr. Benjamin when they interviewed him at his home on June 26, 2002. The IRS also reviewed Mr. Benjamin's bank accounts and conferred with Wal-Mart along with Mr. Benjamin's other customers. As a consequence of its asset search and tax fraud investigation, the IRS finally determined that Mr. Benjamin's total gross receipts or sales between 1998 and 2001 had actually been about $1,139,470.18; and that Mr. Benjamin had a $129,396.91 tax liability.
Don't believe the hype about 'deadbeat' parents Raids are unconstitutional gender discrimination
12-14-07 -- Once again, we see the state of New Jersey violating the United States and state Constitution prohibitions against imprisonment for debt with its biannual statewide child support "deadbeat parent" sweep; "Deadbeat parent sweep nets 38" (Daily Record, Dec. 9,). . . . And, once again, we see the paltry sums collected by the various sheriff's departments across the state. According to the article, statewide, 1,020 parents were arrested and $354,536.72 was collected in a three-day holiday arrest spree. That's an average of less than $350 collected per person. . . . In Morris County alone, $33,548 was collected from 38 parents, or an average of $883 per person. In Bergen County, 105 were arrested and about $76,000 collected, or an average of around $722 per person. In Essex County, $9,210 was collected from 32 parents, or an average of $288 per person. . . . In Passaic County, an average of $90 was collected per parent. In Sussex, an average of $350 per parent was collected. . . . The reason I show these averages is because every time there is a raid, approximately the same number are arrested and the same amounts, per average, are collected. We are seeing a pattern of arresting the usual suspects -- unemployed, underemployed, disabled, or those having fallen on hard luck. We are seeing a pattern of not much money extracted. . . . During the sweep, each county expended in excess of $50,000 for overtime, gasoline use, wear and tear on the sheriff's vehicles, and other related expenses. How is this justified in the budgets of each county? Every year it's the same result. . . . These raids are political hype, are conducted by the state for profit, and used for propaganda purposes. The state and counties claim that more people come in and make payments after the sweeps.
R.I. court won't let gay couple divorce Ruling cites 1961 law, deals setback to pair married in Mass.
12-8-07 -- In a split decision, Rhode Island's top court said yesterday that it will not allow a lesbian couple who married in Massachusetts to get a divorce in the Ocean State. . . . The 3-to-2 ruling was viewed by advocates of gay marriage as a setback and by those who oppose the recognition of same-sex unions as an act of wisdom. . . . The court concluded that a key 1961 Rhode Island law defines marriage as an legal union between a man and a woman, not same-sex couples. Unless and until the Legislature changes the wording, same-sex couples married in Massachusetts cannot get divorced in Rhode Island family courts, it said. . . . Cassandra Ormiston, who married Margaret Chambers in Fall River in 2004 after Massachusetts became the first state in the country to legalize same-sex marriages, denounced the ruling, saying it discriminates against same-sex couples. . .. "There have been people throughout history who have been discriminated against," said Ormiston, 60. "And they have fought the good fight and prevailed. It will be the case with my minority as well." . . . "It won't stand," she said. Fox New's Alan Colmes: Who Needs Air America?
By Jonathan Casiano, Star-Ledger Staff 12-05-07 -- Forty-four dads and a couple of moms got a rude awakening yesterday morning when Union County sheriff's officers hauled them out of bed and off to jail for allegedly failing to pay child support. . . . The pre-dawn "deadbeat" roundup brought in parents owing a total of $737,000 in missed support payments, including an Elizabeth man who is more than $69,000 in arrears. Several other alleged deadbeats owe more than $30,000 in support, and three of the men arrested owe less than $2,000. . . . The sheriff's department conducts the roundup twice a year in coordination with the state Department of Human Services and other law enforcement agencies around the state. After their arrests, the parents are taken before a judge to negotiate a payment schedule. . . . Union County Sheriff Ralph Froehlich said parents occasionally fall into arrears because of health problems or a lost job, and that the court takes such circumstances into consideration. But for others, he said the annual roundups send a strong message.
Domestic violence at point of ‘crisis’
12-3-07 -- Calling it “a crisis” on a “record pace,” authorities project that by New Year’s Eve 57 people will have died this year in Massachusetts because of domestic violence - a toll not seen in 15 years. . .. “It’s alarming, it’s unacceptable and it’s a crisis,” said Toni K. Troop, spokeswoman for Jane Doe Inc., the Massachusetts Coalition Against Sexual Assault and Domestic Violence. . .. The news comes as Essex District Attorney Jonathan W. Blodgett, for a fourth straight year, pleads with the state Legislature to enact an emergency bill that would potentially double jail time for serial batterers before they maim or kill. . . . “Domestic violence is murder waiting to happen,” Blodgett said. . . . Sheila Sicard, whose daughter Ronda Healy was slain Tuesday allegedly by an ex-beau she’d split with nine years earlier, is sick of it.
Legal rights murky when a parent takes child and vanishes
12-3-07 -- Timothy and Sadie Shirley have only a few photos and wrenching memories left of little Adrianna, a child they have not seen for going on two years. . . . Theirs is a family torn by one of life’s toughest outcomes of a soured relationship — a fight over custody that in the Shirleys’ case has led to a daughter’s disappearance. . . . The Shirleys have accused “Crystal” Amethyst Tabor, Timothy’s ex-girlfriend and mother of 4-year-old Adrianna Shirley, of taking the child to Colorado and then disappearing. . . . They consider what has happened with Adrianna to be a parental abduction, a term used by thousands of parents of missing children and their advocates. But the couple has no law on their side. . . . With no court custody order, Timothy Shirley shares parental rights with his former girlfriend, according to the law. . . . “If it’s her child,” said Macon County Sheriff Robby Holland, “she can take it wherever, if there’s no custody agreement. Both parents, in this case, would have had legal rights.”
12-2-07 -- UNHAPPY couples used to stick together for the sake of the kids. Now they can make the best of a bad marriage in the name of being environmentally friendly. . . . Scientists have quantified for the first time the extent to which divorce damages the environment. The researchers found that the combined use of electricity across the two new households created rose 53% while water use was up by 42%. . . . Across America – one of 12 countries studied – divorced households used 73 billion kilowatt-hours of electricity in 2005 that could have been saved if the families had not split up. That is equivalent to about a fifth of Britain’s consumption. . . . Broken couples also increase demand for housebuilding and infrastructure such as new roads. “The global trend of soaring divorce rates has created more households with fewer people, has taken up more space and has gobbled up more energy and water,” said Jianguo Liu of Michigan University, who carried out the latest research. November 2007
Judge scolds McGreeveys over daughter's birthday party squabble
11-30-07 -- The animosity between New Jersey's gay former governor and his estranged wife is overshadowing their love for their only child, a judge told the couple Thursday in ruling on a birthday party dispute. . . . Union County Superior Court Judge Karen Cassidy said Jacqueline McGreevey, who turns 6 next week, can have her birthday party on Saturday at her father's house, then scolded her infamous parents for bringing their dispute to court. . . . "The hatred these two seem to have for each other seems to override the love for the child in my mind because it's so out of control," Cassidy told the McGreeveys, who were standing before her buffered by their lawyers. McGreevey and his partner booked ponies and hired face-painting clowns for a party Saturday for about 20 children. Dina Matos McGreevey objected because the party was scheduled for a time when she has custody. . . . Though an impartial parenting coordinator appointed by the court recommended a compromise _ that the party go on as scheduled and that the two parents share custody this weekend _ the bickering couple could not agree before the judge intervened.
11-28-07 --A recent murder raises questions about divorce court shortcuts. Is justice sped up, justice denied? . . . Divorce cases are never pretty, but this undoubtedly will be remembered as the ugliest divorce of Justice Sidney F. Strauss’s career. . . . In 2005, a Queens couple — Dr. Mazoltuv Borukhova and Dr. Daniel Malakov — filed for divorce. The case landed in Justice Strauss’s busy courtroom (according to records from the Office of Court Administration, 126 divorce matters have been filed before him already this year), and negotiations stalled over issues of custody until this autumn. . . . In October, Strauss granted temporary custody of the couple’s 4-year-old daughter to Dr. Malakov. The mother’s attorney, Florence M. Fass, appealed but was denied a few weeks later. The girl was transferred to her father’s custody on October 22. . . . Six days later, a gunman shot and killed Dr. Malakov in front of his daughter at a Queens playground. Last week, an relative of Borukhova was arrested for the shooting; allegedly, his fingerprints covered the homemade silencer used in the killing. . . . In a New York Times article following the murder, attorney Fass characterized Justice Strauss’s custody ruling as “highly unusual” because he had reached the decision without a courtroom hearing. . . . Attorneys for both parties did not return repeated calls for comment, and Justice Strauss did not respond to an interview request. (He is now on vacation). . . . No matter what the result of the upcoming murder trial, the case raises a central question about courtroom efficiency and volatile divorce cases: Do crowded dockets encourage judges to skip proceedings that could defuse time-bomb cases? . . . The question is even more acute, given that Justice Strauss was twice reversed in the past year for leapfrogging the hearing process and skipping a motion to compel discovery.
Legal tussle: Should killer get alimony?
11-26-07 -- A state appeals court on Wednesday refused to automatically bar alimony from spouses who kill a child, in a decision that suspended payments to an Old Tappan woman serving time for the lethal beating of her 14-year-old son. . . . "Nothing in this opinion prevents the Legislature from amending the alimony statute," the judges wrote. "But we do not read the present statute nor the ... case law to create that automatic disqualification." . . . The decision was issued in the case of Linda Calbi, who is serving a three-year prison term after pleading guilty to beating her son, Matt, on Aug. 17, 2003, during a violent argument at their home. He died hours later from internal bleeding and cardiac arrest. . . . "I don't understand how anyone can look my brother in the face and tell him that he has to pay this woman alimony," said Brian Sokoloff, brother of Linda Calbi's ex-husband, Chris. "Half of this opinion espouses sympathy for my brother, and the other half is saying, 'Too bad.' "
Judge rules state must give man his wife's e-mail
11-20-07 -- A judge has ruled the state must turn over e-mails to a man who wants to see messages sent between his wife and a male co-worker at a state office. . . . Franklin County Circuit Judge Phillip J. Shepherd on Monday granted Stephen Malmer's open-records request after the state Attorney General's Office said the Justice and Public Safety Cabinet had violated the law by refusing to the release the e-mails. . . . Malmer, who suspected his wife of having an affair, wants to see messages between his wife, Bobbie Malmer, and former state employee David Moss from 2005 and 2006. . . . Stephen Malmer says his wife has since acknowledged an affair, but he wants to see the messages she and Moss exchanged. He says his wife supported his efforts. . . . "It's been such a nightmare," Stephen Malmer said. "I was horrified by the amount of opposition I ran up against." . . . \He said his wife no longer has access to the e-mails and can't provide them herself.
About 150 people packed Larkspur's Lark Theater on Wednesday night to air concerns about Marin's family law system. . . . The event, sponsored by the Center for Judicial Excellence, gave attorneys, therapists and members of advocacy groups a forum to present their concerns, which they hope will lead to a wholesale review of the family law court system. . . . In particular, participants argued that Marin mediators and judges tend not to believe parents who charge their former spouses with physically or sexually abusing their children. . . . "The paradigm of 'parental alienation syndrome' is very popular," said Meera Fox, executive director of Child Abuse Solutions Inc. "That's why (judges) don't believe children who claim to be abused by family members, even though the number of children who fabricate allegations of abuse is at the most 7.6 percent." . . . A court official, however, said Marin judges were not in the habit of placing children in the homes of molesters.
Lotto Luck Finding Him: Woman Sues Missing Husband for Half of Lottery Win
11-16-07 -- (AP) - A woman whose husband has kept about $600,000 in lottery winnings from her says she has a number for him: half. And Donna Campbell is suing her husband in her attempt to get it. . . . But American Airlines mechanic Arnim Ramdass disappeared after his wife confronted him about the secret, so process servers haven't been able to hand him the lawsuit papers yet, Campbell's attorney said. . . . "Here's a guy who for years has spent marital money on the lottery and at casinos, and he's always lost," Bruce Baldwin said. "And now he finally wins, and he's trying to keep it from his wife. That's pretty low."
11-12-07 -- Marriage is a foundation of civilized life. No advanced civilization has ever existed without the married, two-parent family. Those who argue that our civilization needs healthy marriages to survive are not exaggerating. . . . And yet I cannot, in good conscience, urge young men to marry today. For many men (and some women), marriage has become nothing less than a one-way ticket to jail. Even the New York Times has reported on how easily “the divorce court leads to a jail cell,” mostly for men. In fact, if I have one urgent piece of practical advice for young men today it is this: Do not marry and do not have children. . . . Spreading this message may also, in the long run, be the most effective method of saving marriage as an institution. For until we understand that the principal threat to marriage today is not cultural but political, and that it comes not from homosexuals but from heterosexuals, we will never reverse the decline of marriage. The main destroyer of marriage, it should be obvious, is divorce. Michael McManus of Marriage Savers points out that “divorce is a far more grievous blow to marriage than today’s challenge by gays.” The central problem is the divorce laws. Read my new book: "Taken Into Custody" . . . It is well known that half of all marriages end in divorce. But widespread misconceptions lead many to believe it cannot happen to them. Many conscientious people think they will never be divorced because they do not believe in it. In fact, it is likely to happen to you whether you wish it or not. . . . First, you do not have to agree to the divorce or commit any legal transgression. Under “no-fault” divorce laws, your spouse can divorce you unilaterally without giving any reasons. The judge will then grant the divorce automatically without any questions. . . . But further, not only does your spouse incur no penalty for breaking faith; she can actually profit enormously. Simply by filing for divorce, your spouse can take everything you have, also without giving any reasons. First, she will almost certainly get automatic and sole custody of your children and exclude you from them, without having to show that you have done anything wrong. Then any unauthorized contact with your children is a crime. Yes, for seeing your own children you will be subject to arrest.
Big child-support bills could result in jail time Child support or jail.
11-12-07 -- That was the rule Circuit Judge Xollie Duncan stressed to people recently as they were called before her for failure to pay child support. . . . Duncan and Circuit Judge John Scott set aside a day each month to hear such cases. . . . “ The rule is you pay child support or you go to jail, ” Duncan said to Richard McKeever. “ You understand that. ” . . . McKeever was arrested for failure to pay child support. He owes more than $ 23, 500. He claims he works part time in a construction job and received $ 215 several days ago. . . . “ I’ve been trying to make enough to live, ” McKeever told the judge. . . . McKeever claims he works with an acquaintance who drove him to job sites. McKeever is hampered from finding a better job because he lost his driver’s license — one of the punishments for his failure to pay child support. . . . Michael Shoane, an attorney for the local Child Support Enforcement Office, described McKeever as an able-bodied man who can work. . . . “ Did you pay at least $ 10 toward support from the $215 you earned ? ” Duncan asked McKeever. . . . McKeever hadn’t. . . . “ You are going to spend your holidays in jail, ” the judge said. 20 Years in Prison for Failing to Pay Child Support?
The article below is illustrative of the problems with the child support system in many ways: . . . 1) I've often made the point that when we jail or threaten to jail child support debtors and they pay money to stay out of jail, this money often is not theirs but instead money they've borrowed from their family and friends. Yet inevitably whatever chest-thumping/publicity-seeking DA who's behind the latest crackdown will tell you "See? The deadbeats have the money and the threat of jail makes them pay!" . . . In this article, a judge is admitting that threatening to jail people means they borrow money from family members to stay out. He's admitting that they don't have the money to pay themselves, and that they're being jailed for inability to pay their debts. In other words, debtor's prison. . . . 2) I'm not sure if we have any Father of the Year candidates in this article, but most of the "deadbeats" certainly seem to be low-income men whose ability to pay is questionable. We're told two of their occupations--one is a roofer, the other is a construction worker--and both claim they're having a hard time finding work. One of them says that the fact that his driver's license was suspended for nonpayment of child support has made it more difficult to find work. <more>
Saudi
cleric teaches fine points of how to 'discipline' women 11-7-07 -- A religious leader in Saudi Arabia has provided instructions to young Muslims about how to deliver a beating to their wives, saying, "the beatings must be light and must not make her face ugly. He must beat her where it will not leave marks." . . . The report comes from the Middle East Media Research Institute, which monitors media reports throughout the Middle East. . . . The Saudi cleric, Muhammad Al-'Arifi, said on the video captured from LBC Television by MEMRI, "Men beat women more often than women beat men. I said that some women beat their husbands because this happens, but it is rare, and there is no need to hold conferences on wives who beat their husbands. . . . "Allah created women with these delicate, fragile, supple, and soft bodies, because they use their emotions more than they use their bodies. Therefore, while the man may use beating to discipline his wife, she sometimes uses her tears to discipline him. He gets what he wants by screaming, while she gets what she wants from him by crying and displaying emotions. For men, women's emotions may be fiercer than the strike of a sword," the cleric said. . . . MEMRI, which has a web page dedicated to video clips on the rights and wrongs of beatings, said the cleric reported two options before the beatings.
Collaborative law is promising future relief for matrimonial courts — and creating immediate anxiety for the matrimonial bar.
11-7-07 -- New York might be the only state without a no-fault divorce law, but a new reform movement is seeking to fill that gap by developing a process to keep many splits out of the courtroom. . . . Proponents of so-called collaborative law, however, are facing vocal opposition to their proposals — not least because some advocates’ billable hours might be at risk. So amidst all the talk of making a difficult process a little less ugly, an awful lot of fingers are being pointed. . . . At issue is Chief Judge Judith S. Kaye’s soon-to-open Collaborative Family Law Center, designed to promote a type of alternative dispute resolution in selected divorce cases. The center, slated to open late this year or in early 2008, will feature what Deputy Chief Matrimonial Judge Jacqueline Silbermann described as the first such court-based center in the nation. . . . “Collaborative law is not a new idea,” said Silbermann. . . . Indeed, private practitioners have used the technique for for years. With the new center, however, New York will become the first state to offer an entire unit dedicated to the notion — and the first to offer state-funded staff attorneys and pro bono services.
State justices hear arguments about custody, circumcision Divorce dispute - Dad, who is the custodial parent, wants his son, 12, to have surgery; mom disagrees
11-7-07 -- A man who converted to Judaism told the Oregon Supreme Court on Tuesday that he has the right as the custodial parent to circumcise his 12-year-old son against the wishes of his Russian Orthodox ex-wife. . . . "It's the classic kind of decision a custodial parent would make," said James Boldt, an attorney and former southern Oregon man who argued his own case. . . . But a lawyer for Lia Boldt argued that she should get a court hearing to try and prove that circumcising a 12-year-old boy poses serious health risks. Their son is afraid to tell his father he doesn't want to go through with it, the mother's attorney said. . . . "We're not talking about an infant circumcision here," said Clayton Patrick. "She's entitled to a hearing." . . . Lia Boldt, 45, filed for divorce in 1998. She initially won custody of their son, but James Boldt, who now lives near Olympia, Wash., later gained it.
Child support cases have tripled, and there are still no easy answers
11-5-07 -- Family Court Judge Jeff Young doesn't like ordering mothers or fathers to jail. . . . In most cases, he says, he tries to avoid it if he can. After all, if you're in jail, you're not working. And that creates a deeper hole in back child support payments — a financial pit that most never fully dig their way out of. . . . "There's not a Family Court judge that wants to incarcerate these men or women ..." Young says. "We rule with a heavy heart. But there are a lot of (cases) that are just deadbeat dads, and the only solution left is to probably put them in jail." . . . It's a common scenario these days, especially in Sumter County: broken families ironing out their differences — financial or otherwise — before a judge. . . . Sumter County ranks fourth in the state in the number of child support cases that pass through its Family Court system each year, topping even Greenville County, a much more heavily populated municipality. . . . The latest figures as of July show the Sumter County system handling 12,158 child support cases, compared with 11,230 in Greenville County. October 2007
Sperm donor needed pact, high court rules
10-29-07 -- The Kansas Supreme Court ruled Friday that a sperm donor who wants to have parental rights with any subsequent children must have a written agreement with the mother. . . . The 4-2 decision upholding constitutionality of Kansas' current donor law was the first of its kind in the nation. . . . The ruling was the offspring of lawsuits involving Samantha Harrington, who conceived twins with sperm donated by Daryl Hendrix. The mother and the donor, both of Topeka, disagreed on whether they had entered into an oral agreement giving parental rights to the donor. They also disagreed on whether certain documents constituted a written agreement. . . . Court testimony shows Harrington, 34, a lawyer, had solicited Hendrix to donate sperm.
Court rules social workers must follow law
10-29-07 -- A federal court has ruled that social workers have to respect the U.S. Constitution regarding privacy and parental rights, and if they don't they may be held liable. . . . The ruling comes in an Arizona case in which social workers, accompanied by Maricopa County deputy sheriffs, made unsupported threats to place a family's children in custody and arrest the parents if they were not allowed to make what ended up being an allegedly illegal search of the family's home. . . . U.S. District Judge Earl H. Carroll ordered that a lawsuit by the family against the social workers and sheriff will be allowed to continue, because the social workers' concerns were based on "an anonymous tip that the … Loudermilk children were being neglected and that plaintiffs' home was uninhabitable." . . . However, the judge said that under federal law, an anonymous tip, "without more, does not constitute probable cause." . . . The case is being publicized by the Home School Legal Defense Association because of the involvement of the organization's members, the family of John and Tiffany Loudermilk. . . . "Social workers and sheriff's deputies had come to the home … demanding entry based on a six-week-old anonymous tip that the newly constructed home was unsafe for children," the organization said. . . . "The Loudermilks declined consent, as was their right under the Fourth Amendment. After an escalating confrontation at the front door that lasted 40 minutes, the social workers, backed by no fewer than four deputies, threatened to take the Loudermilks' children into custody and place them in foster care if the Loudermilks continued to deny them entry… An assistant attorney general repeated this threat to HSLDA attorney Thomas Schmidt, who was assisting the Loudermilks during the confrontation," the HSLDA report said.
Family Courts have a hand in youth violence, too 1-28-07 -- Albany Family Court Judge Dennis Duggan (A Handful Oct. 21) places the blame for Albany's youth violence on the lack of fathers in the home. He failed to mention that his court is one of the causes of fatherless homes. As a fundamental right, both parents have custody of their children, until the courts step in. Using Orwellian doublespeak, family courts, including Judge Duggan's, routinely "award" custody of children to the mother, more than 90 percent of the time, giving the mother total control of the father's access to the children and in the process violating the civil rights of both the father and children. Allowing a long-distance move away is also common in the courts, and for those fathers who are denied access to their children there is no access enforcement for mothers who defy the court order and deny access time. The best a father can hope for is the "standard New York order," doled out by every family court in the state, of every other weekend and one four-hour midweek "visit" with his children. Saratoga Family Court Judge Courtney Hall, after imposing the standard New York order on one father, was confronted by the paternal grandmother who asked, "How is a father supposed to be a father with access only every other weekend?" His reply, "He can't." Physicians have a standard of "Do no harm" and are routinely advised, "Physician, heal thyself." Perhaps it is time for the New York family courts to adopt the same standards and to act "in the best interest of the child" and demand that both parents have equal and equitable access to their children, for the sake of the children and society. JAMES HAYS, Ballston Spa -- FaFNY@FaFNY.org
Pa. judge nullifies weddings by online ministers
10-26-07 -- Anna and Casey Pickett fell in love during a college class on Transcendental literature, reveling in the nature-loving rhapsodies of Henry David Thoreau and Ralph Waldo Emerson. . . . It was only natural, then, that when the couple married last July, they would stand beside a rustic lake in Pennsylvania, with the professor whose class brought them together officiating at the ceremony. . .. Two months later, however, the couple got a call from a county clerk in Pennsylvania, who told them their marriage might not be valid. And years from now, the clerk said, when they bought a house, applied for government benefits or had children, they might have a problem. . . . "It was a total shock," said Anna Ruth Pickett, 27, who works in environmental justice for the New York-based Ford Foundation. . . . The problem: Their professor, T. Scott McMillen, who was not a minister, got ordained online to perform the ceremony. In September, a judge in York County, Pennsylvania, ruled that ministers who do not have a "regularly established church or congregation" cannot perform marriages under state law.
NY Lawyer and Child's Father Blasted by Judge for Using Family Court To "Attack" One Another
10-24-07 -- A Family Court judge has issued an unusually blunt rebuke to two parents - one a former doctor and the other a lawyer - engaged in a "vitriolic and venomous" dispute over child custody and visitation. . . . "The parties fit the profile of that breed of litigant that the family court tends to encounter all too often; the career or habitual litigant," wrote Judge Conrad D. Singer of Nassau County. "The moving documents in this current proceeding alone dispense such vitriolic and venomous allegations as to make it clear that the parties, the parents, while each claiming to be the true protector of the children's best interests, simply appear to be using the Court as a vehicle to attack and demean one another." . . . Practitioners and observers say that Family Court proceedings often engender great emotion and sometimes no-holds-barred combat. Children are frequently caught in the middle. . . . "The adversary system doesn't fit well with the needs of children," said Andrew Schepard, who heads Hofstra Law School's child and family advocacy fellowship program and writes a column for the Law Journal. "Judges will ask each parent what role they see for the other parent in the kids' lives and often decide for the parent who is able to recognize that they can't shut the other person out." ***********************In his ruling, D.M.S. v. S.S.P. and S.S.P. v. D.M.S. Judge Singer noted the parties had become familiar faces in the court, airing out their dispute before three different judges in three years.
Family Court Embarks on Paperless Odyssey
10-23-07 -- Leobijildo Tovar had to file an answer in his child custody case with Iris Gonsalez Flores by March 1, and he didn't have time to contact his attorney. He grabbed a sheet of paper marked "answer" at the county clerk's office in Miami and wrote a question by hand about child support to Miami-Dade Family Judge Nolivia Maldonado. . . . "I want to know what happens if I've been helping her always with $100 a week to feed the children," he wrote in Spanish. He wanted to know what effect that would have on the judge's future determinations about his child support payments. . . . Tovar's handwritten filing is a classic in a Family Court Division dominated by people who represent themselves or take matters into their own hands. Some pleadings have appeared on dinner napkins, chewing gum wrappers or other scraps of paper. . . . But with the advance of technology and the increasing demand for efficiency at a time when the state is experiencing widespread budgetary shortfalls, paper is becoming passé. Child support, bankruptcy trail former NBA player Caffey
10-22-07 -- Four years and tens of millions of dollars after his NBA career ended, Mobile native Jason Caffey is in bankruptcy court seeking protection from creditors, who include seven women with whom he has had eight children. . . . Caffey's child-support problems landed him in jail in Tuscaloosa earlier this year and drew an arrest warrant in Georgia. . . . "The only reason I filed bankruptcy was to get these arrest warrants off me," he said in an interview last week. . . . Under the law, creditors -- including women seeking back child support -- must halt all collection efforts during the bankruptcy. . . . "The guy has made more money than he has sense," said Clarence Roby, a lawyer for Nikki Brown, a Louisiana woman seeking child support payments on behalf of two children. "He has not paid anything since May of 2005. ... He's the epitome of a deadbeat dad." . . . Jim Altman, a lawyer who represents Caffey in a Georgia child-support case, said Caffey's $4,250-per-month obligation is far outdated. "As an NBA basketball star, he was making millions of dollars," Altman said. "It kind of goes to show how the system fails people like Jason."
McGreeveys spar over visitation He wants judge to force estranged wife to help transport daughter
10-19-07 -- Former Gov. James E. McGree vey asked a judge to force his es tranged wife to follow the recommendations of a court-appointed representative for shared transportation duties and weekly overnight stays with their daughter, Jacque line. . . . McGreevey accused Dina Matos McGreevey of ignoring the recommendations of parenting coordinator Sharon Montgomery in his latest Superior Court filings in Elizabeth released yesterday. Montgomery was appointed by the court to deal with issues surrounding the couple's daughter. . . . McGreevey wants Jacqueline to sleep in his house in Plainfield every Tuesday night. McGreevey wants his estranged wife to drive the 5-year-old to his house and leave her there at 6 p.m. McGree vey would then drive the child to school on Wednesday. . . . For weekend visits, McGreevey would pick up Jacqueline from school on Fridays and Matos McGreevey would collect her on Sundays at 7:30 p.m. . . . But according to McGreevey, Matos McGreevey is refusing to go along with the plan he favors even though it also has the sanction of the parenting coordinator.
Documents Show Rowland Asked For Divorce Seal To Protect Kids T 10-17-07 -- Former Gov. John Rowland asked to have his divorce records sealed more than a decade ago to protect his children, according to documents released Wednesday. . . . Rowland and his ex-wife, Deborah, divorced in 1994. . . . A case involving them is one of hundreds of family and civil cases being reviewed by the judicial branch to determine whether they were improperly sealed and whether some information should be available for public review. . . . The case file itself was not released, only the docket sheets and the motion to seal the case. . . . Rowland, with the agreement of his former wife, asked in 1993 to have the records from his divorce file sealed. Judge Dennis Harrigan granted the motion. . . . The docket sheet for the case also includes two motions for restraining orders, but it's not clear who asked for them or why. . . . The review of sealed cases was announced in May by newly appointed Supreme Court Chief Justice Chase T. Rogers, who said it would balance the rights of parties in the cases with the need for openness and transparency in the judiciary.
Wife's Lotto secret costs years of grief If you won a $28.5 million jackpot, would you tell your spouse? Bernice Heslop won -- and didn't tell. The legal fights continue 12 years later.
10-16-07 -- When Bernice Heslop opened the paper that Sunday in 1995 and saw the six Lotto numbers, her first thought must have been: ''I can't believe it. I'm RICH!'' And then, the evidence suggests, another thought formed, something like: ``Hmmmm . . . no need to tell the hubby about this.'' . . . It was a fateful decision that has tangled three people -- Heslop, her now ex-husband and a saloon patron with exceedingly good hearing -- in a titanic 10-year tug of war. The stinking mess recently landed on Miami-Dade Judge David Miller's docket. He is expected to set a hearing date when he returns from vacation next week. . . . ''This case has money, greed and betrayal,'' said attorney Richard Lara, whose law firm is representing the third party, the barroom bystander with rabbit ears. ``All the elements of a soap opera.'' . . . The saga started Nov. 26, 1995. Heslop saw the lottery numbers in the paper -- 1-10-22-24-29-39 -- and knew she had become an overnight millionaire. . . . The $1 ticket Heslop bought at a North Miami Beach Publix won her a $28.52 million jackpot -- then one of the state's largest. . . . Heslop called her grown children and told them they were rich, too. But she didn't tell her husband, Ernest Moore Jr. The two married in 1984 but had been living separately for five years when Heslop won the lottery. . . . Instead of claiming her win right away, Heslop tucked the ticket away in a safe-deposit box and called her lawyer. She wanted a divorce, fast. Finding Treasures for Cases on Facebook More and more, lawyers are using social networking sites as litigation tools
10-15-07 -- At Malbrough & Lirette in Houma, La., a secretary browses MySpace and Facebook Web sites each day. . . . She's not checking the online social networking sites for personal reasons, but is performing one of her job duties. . . . "It's an everyday occasion," said Joan Malbrough, a partner at the three-attorney firm, which handles family law, personal injury and corporate law matters. "Every new client we do a MySpace and Facebook search on to see if they or their spouse have any useful information." . . . In one case, Malbrough said she helped secure shared custody for the father after finding his wife had posted sexually explicit comments on her boyfriend's MySpace page. In another case, a husband's credibility was questioned because, on his MySpace page, he said he was single and looking. . . . Lawyers in civil and criminal cases are increasingly finding that social networking sites can contain treasure chests of information for their cases. Armed with printouts from sites such as Facebook and MySpace, attorneys have used pictures, comments and connections from these sites as powerful evidence in the courtroom. . . . "It's going to be more and more helpful in the future," said Mark Diebolt, a deputy county attorney in Pima County, Ariz. . . . The free sites allow users to post comments, pictures and videos, build online networks and communicate with others. Users can set different privacy settings, but many have public profiles that anyone can view.
'Mom' and 'Dad' banished by California Schwarzenegger signs law outlawing terms perceived as negative to 'gays'
10-15-07 -- "Mom and Dad" as well as "husband and wife" have been banned from California schools under a bill signed by Gov. Arnold Schwarzenegger, who with his signature also ordered public schools to allow boys to use girls restrooms and locker rooms, and vice versa, if they choose. . . . "We are shocked and appalled that the governor has blatantly attacked traditional family values in California," said Karen England, executive director of Capitol Resource Institute. . . . "With this decision, Gov. Schwarzenegger has told parents that their values are irrelevant. Many parents will have no choice but to pull their children out of the public schools that have now become sexualized indoctrination centers." . . . "Arnold Schwarzenegger has delivered young children into the hands of those who will introduce them to alternative sexual lifestyles," said Randy Thomasson, president of Campaign for Children and Families, which worked to defeat the plans. "This means children as young as five years old will be mentally molested in school classrooms. . . . "Shame on Schwarzenegger and the Democrat politicians for ensuring that every California school becomes a homosexual-bisexual-transsexual indoctrination center," he said. . . . Analysts have warned that schools across the nation will be impacted by the decision, since textbook publishers must cater to their largest purchaser, which often is California, and they will be unlikely to go to the expense of having a separate edition for other states. . . . The bills signed by Schwarzenegger include SB777, which bans anything in public schools that could be interpreted as negative toward homosexuality, bisexuality and other alternative lifestyle choices. . . . There are no similar protections for students with traditional or conservative lifestyles and beliefs, however.
Dozens protest privatization of child support court
10-15-07 -- A controversial proposal to privatize the Wayne County Friend of the Court drew dozens of union pickets outside the court in downtown Detroit today calling for the dismissal of Wayne County Circuit Court Chief Judge Mary Beth Kelly, one of the architects of the reform. . . . Court employees who are members of the American Federation of State, County and Municipal Employees (ASFSME) took turns carrying signs during their lunch hour to protest the move, which is now the subject of an unfair labor practice complaint lodged with the Michigan Employment Relations Commission. . . . The proposal requires a private company to add 33 percent more staff with the same budget of $28 million, a move that union leaders said would cause massive pay and benefit cuts to the 169 members and 18 supervisors.
"Complete
Amnesty of All Punitive Measures By David Gray (Denver) In an unprecedented move to speak out for non custodial parents and their children in America, Los Angeles syndicated talk show host Richar' Farr an outspoken critic of the Child Support System has called for a "Complete Amnesty of All Punitive Measures Against All Non Custodial Parents". "How can we possibly as a society allow a taxpayer supported government agency to jail or hinder the ability of good Americans to support themselves and their children on the basis of data rifled with errors and illegalities. These state agencies need to be audited and investigated for their misuse of funds, campaigns of misinformation, and the over whelming amount of physical evidence exposing fraud and corruption by personnel within this system" says Richar' Farr. Ph.D Professor Stephen Baskerville and author of the explosive new book, "Taken into Custody" adds, "The Family Court and Child Support System are so corrupt and so devoid of due Process of Law no American should ever assume those being targeted by these crooked agencies are anything else than completely innocent." "These feelings are echoed by the 25 million non custodial parents and their children who are organizing across the nation to become one of the most powerful constituencies in America," says Shelly Barreras whose husband was defrauded of over twenty thousand dollars through the actions of a Bernalillo County family court judge Debra Davis Walker and the Child Support Agency of Albuquerque, New Mexico. There are untold numbers of adults who are barely surviving under the cruel hands of the child support system. "These agencies have written themselves a free ride to steal our children's money and our elected officials are doing nothing. Their must be federal oversight. There must be reform of the unconstitutional and illegal laws the child support agency enforce for their own gain", States Ron Smith founder of Children Need Both Parents. It is certain that Long and overdue investigations of the Child Support System in America must begin at once. Millions of Americans are now suffering under the illegal control of an unlawful federal system. If you have proof of egregious conduct by a Family Law, Child Support or Child Protective Services Employee and would like to register your voice, call 303-617-8185. Krights.com has opened a National Hotline to allow Non Custodial Parents, Custodial Parents, their Children and extended Families a place to let their story be heard.
Parents fight state for 8-month-old son
10-15-07 -- A New Jersey family is hoping for a court hearing today to regain physical custody of their 8-month-old son, who is being detained now at Morristown Memorial Hospital on the order of the state Division of Youth and Family Services. . . . "The only thing the family appears guilty of is standing up to the heavy handed approach of the Sussex County office [of the agency]," said Mike Donnelly, a lawyer with the Home School Legal Defense Association. . . . Gabriel Stansfield was born to Doug and Sally Stansfield eight months ago with spina bifida. He was evaluated by several experts at his birth, including Dr. Catherine Mazzola at Morristown Memorial, and has had numerous maintenance visits to the family's pediatrician with no complications, his parents told WND. . . . However, the family told WND, he was taken to the Morristown hospital a little more than a week ago because the tissue around the shunt installed to divert fluid from his brain had changed in texture, and they wanted to prevent any significant complications. . . . After five days in the hospital, doctors diagnosed Gabriel with a colon obstruction, and treated him for that. But while the baby still was in the hospital and with no notice to the family, a social worker from the Sussex office arrived on the family's doorstep, demanding admittance to interview Gabriel's six siblings, outside of the presence of their parents, regarding Gabriel.
Scam Alert: Child Support Payments
10-5-07 -- Department of Human Resources Office of Child Support Services along with the Governor's Office of Consumer Affairs would like to alert the public of a child support collecting company that is allegedly engaged in fraudulent practices in Georgia. . . . According to OCA, a company named Child Support Services of Georgia is contacting non custodial parents to set up child support payments. Once contacted, consumers believe that they are in contact with the official State of Georgia, Office of Child Support Services when in fact they are being contacted by a company that has no affiliation with this Office. Allegedly, once those payments are made, the company pockets the money and the custodial parent doesn’t receive a penny. . . . "It is important the public is made aware of this possible scam that takes money out of the hands of deserving Georgian citizens" says OCSS Acting Director Keith Horton. "OCSS is the only official state support collection agency within Georgia and we have not authorized anyone to collect funds on our behalf. We take this type of allegation seriously and we will ensure that all reported activities are properly investigated and prosecuted to the fullest letter of the law."
Parents to have money taken away from child support payments
10-1-07 -- Linda Green couldn't believe what she found when she opened her mail this week. . . . She received a letter from the Colorado Department of Human Services, telling her she would soon have money taken out of the child support payments she receives from her 13-year-old son's father. . . . "I was a little astounded," she said. . . . The letter stated that under the Deficit Reduction Act of 2005, which President Bush signed into law early last year, federal spending on so-called entitlement programs, such as Medicaid, Medicare, Social Security, and other social programs, would be restrained, in order to pay down the national deficit. . . . To help do that, starting October 1, custodial parents in Colorado who receive at least $500 in a fiscal year in child support payments, will have $25 a year automatically deducted, helping fund child support enforcement programs the Federal Government has previously been paying for on its own. . . . It was up to individual states to decide which parent, custodial or non-custodial, would pay the $25 fee. September 2007
Judge says couple can have self-uniting marriage
9-28-07 -- A federal judge believes that a couple in Pennsylvania have a right to obtain a self-uniting marriage license. . . . U.S. District Judge Joy Flowers Conti yesterday granted a temporary restraining order to Mary Jo Knelly and David Huggins-Daines, who plan to solemnize their marriage to each other tomorrow before family and friends but without an officiant present. The Allegheny County register of wills office will drop its attempt to deny licenses for self-uniting marriages. . . . Despite her strong feelings on the law, Judge Conti stopped short of making a ruling on whether county officials are interpreting Pennsylvania's Marriage Act incorrectly. . . . "Quite frankly, I think the law's pretty clear," she said. "[But] there's such a strong state interest in marriage, the state system should be the one deciding." . . . After having each of his arguments soundly defeated -- mostly by the judge herself during the 90-minute hearing -- Allegheny County attorney Timothy Finnerty said that would not be necessary. . . . "The register will comply with your order, from this date forward," he said. . . . Ms. Knelly and Mr. Huggins-Daines filed a lawsuit against the county last week, claiming that its denial of a self-uniting marriage license was a violation of the First Amendment's establishment clause, which says that the state shall not prefer one religion over another. . . . The county had argued in denying the license that it is only available to couples where at least one person can show proof of membership in a religion that does not have officiating clergy, such as the Quakers or Baha'i faith. Federal Crime of “Willful failure to pay past due child support”
9-22-07 --
To convict someone of the federal crime of "willful failure to pay a
past due child support obligation with respect to a child who resides in
another State," must the prosecution prove that the defendant knew the
child lived out-of-state? A unanimous three-judge panel of the
U.S. Court of Appeals for the Eleventh Circuit today issued
an interesting decision answering that question "yes."
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Attorney Claims Your Children Are at Risk It’s incredible to believe, but 74% of U.S. parents don’t have a Will and even those who do still risk their children being taken from their home, at least temporarily, if they are injured or die. Think about it. (PR.com)-- If your children are at home with a babysitter or at school and you are in an accident and can’t communicate, the police have no choice but to call in child protective services until they can figure out what to do. That can mean temporary foster care. . . . When lawyer and mom, Alexis Neely, discovered her kids would be taken into the foster care system if she was injured or died even though she had a Will, she realized that traditional “estate planning” does not adequately protect our young children. According to Neely, founder of the Family Wealth Planning Institute and creator of the Kids Protection Planning Kit, “Parents spend so much time agonizing over who they leave their kids with when they run to the store or go to work and yet the vast majority don’t even have a Will and those who do still risk leaving their kids at the mercy of the foster care system if they are injured or die.”
Jury awards $1.2 million in imaginary child case
9-14-07 -- A man who paid $20,000 in child support for a baby that did not exist has been awarded more than $1 million in damages by an Albuquerque jury against the DNA testing company that gave him the phony results. . . . A jury on Friday awarded Steve Barreras $1.2 million after Mobile Blood Services issued a false paternity test to him. . . . That test led to child support payments to Barreras’ ex, Viola Trevino. . . . Trevino remains in federal custody for lying about having a baby on her tax forms. . . . She also faces a criminal trial for fraud and kidnapping after she misrepresented a friend’s daughter as her own in court.
NOTICE: “Taken Into Custody” Potential Delays Apparently some who pre-ordered my book from Amazon have been notified that they must reconfirm their order, due to delays in the publication. (Most people have had no problem.) If you pre-preordered the book from Amazon, please ensure that your order is still active. The book should be out in a month or so. To better publicize my book and published articles, I am using a new mailing system, so please forgive glitches. You can now sign up for my mailing list on my website: Stephen Baskerville, PhD, President / American Coalition for Fathers & Children / www.acfc.org / 1718 M Street, NW, Suite 187 / Washington, DC 20036
Why is the
American family in crisis?
Taken Into Custody argues that the most direct cause is the divorce industry: a government-run system that tears apart families, separates children from fit and loving parents, confiscates the wealth of families, and turns law-abiding citizens into criminals in ways they are powerless to avoid. Taken Into Custody explores: *Why the "deadbeat dad" is not only a myth but a hoax, the creation of government officials and lawyers who plunder parents whose children they have taken away *How hysterical propaganda about domestic violence is destroying families, endangering children, and making criminals of innocent parents *The real causes of child abuse and how the abuse industry willfully ignores them *What drives the rash of "parental kidnappings" *How family courts operate as if there is no Bill of Rights, denying parents their constitutional legal protections Taken Into Custody exposes the greatest and most destructive civil rights abuse in America today. Family courts and Soviet-style bureaucracies trample basic civil liberties, entering homes uninvited and taking away people's children at will, then throwing the parents into jail without any form of due process, much less a trial. No parent, no child, no family in America is safe. About the Author: Stephen Baskerville, Ph.D., a graduate of the London School of Economics and American University, is president of the American Coalition for Fathers of Children and Earhart Fellow at the Howard Center for Family, Religion, and Society in Washington, D.C. The author of more than seventy articles on fatherhood and family issues, he has appeared widely on national radio and television programs. He lives in Falls Church, Virginia. Happiness of children linked to families An MTV/AP poll show that spending time with family is a top reason for teenagers' happiness. An Ohio father believes courts cause his son's unhappiness through no-fault divorce.
Results from an AP/MTV poll conclude that spending time with family was the top answer to the question, “What makes teens happy?” Those who have their family separated by divorce are less likely to be happy and the poll finds that among 13-17 year olds, 64 percent of those with parents still together said they wake up happy, compared to 47 percent of those with divorced parents. . . . A Geauga County, Ohio, father, Tim Nolan believes family courts are causing his son to be unhappy because they took his two-year old son from him via no-fault divorce. Mr. Nolan never wanted a divorce and knows his marriage could be saved, but civil courts in Ohio will give a divorce to anyone who abandons marriage for one year. Eighty percent of divorces are sought by one spouse against the will of the other according Frank Furstenberg, Professor of Sociology at the University of Pennsylvania, and Andrew Cherlin, Professor of Public Policy in the Department of Sociology at John Hopkins University. . . . Two-year old Colin Nolan was traumatized by being forcibly separated from his father, claims Mr. Nolan who audio recorded his son’s reactions as recommended by his advisors, though it still breaks his heart to listen to them. Mr. Nolan describes how Colin would scream and sob when he saw his mother because Colin knew it was time to be taken away from Daddy. (link to audio) . . . Brad Wilcox, Professor of Sociology at the University of Virginia explains how, “two thirds of divorces are in low-conflict marriages where there is no high conflict between the parents. Divorce in low conflict marriage causes more suffering for children because it is not a relief, but rather are a bewildering surprise. Research shows that children of divorce are two to three times more likely to suffer depression, be sexually active, and participate in illegal activity compared to children growing up with their natural mom and dad.”
Group seeks to oust judge who overturned gay marriage law
9-12-07 -- A group of outraged activists is launching a drive to try impeach the judge that handed down the August 31st opinion which, briefly, legalized gay marriage in Iowa. . . . District Court Judge Robert Hanson ruled the state law restricting marriages in Iowa to those between a man and woman was unconstitutional. A day later -- before Hanson himself put a stay on that decision -- dozens of gay couples applied for marriage licenses in Polk County and two men from Ames married. . . . Bill Salier of Nora Springs, a co-founder of the group "Everyday America," says Hanson should be impeached. "He has clearly overstepped his constitutional bounds when he has legislated from the bench," Salier says. Salier and his group are urging legislators in the Iowa House and Senate as well as the governor to react to Hanson's decision by impeaching the judge. . . . "He's using his own political agenda to advance what he wants to see out of his own social norms and his own personal viewpoints," Salier says. "That's legislating from the bench and overriding the authority of the elected individuals that the people of the state of Iowa put in charge."
A county judge's ruling on Internet-ordained ministers is the first of its kind.
9-12-07 -- Dorie E. Heyer and Jacob T. Hollerbush tied the knot during a midnight ceremony Aug. 24, 2006, in their home while a friend, who had obtained an Internet ordination, officiated. . . . No witnesses attended the quick ceremony. They said their "I do"s, and they were hitched, the couple recalled. . . . But the marriage didn't work out, and seven months later, they split. . . . The two wondered whether their marriage was even valid under Pennsylvania law after reading newspaper articles that unions performed by Internet-ordained ministers might not be upheld if taken to court. . . . Friday, they found out it wasn't. York County Judge Maria Musti Cook declared their marriage never existed.
Judge: Truant kids' parents could face jail
9-10-07 -- Parents of kids who habitually skip school could find themselves locked up under an aggressive plan to curb truancy in this Florida Panhandle community. . . . Parents who ignore several warnings and offers of help will have to explain to a judge why they shouldn't face jail time for misdemeanor charges. Escambia County school officials worked with Circuit Judge Ross Goodman to toughen the consequences. . . . "If the parent is not sending the child to school, then I can send the parent to jail," Goodman said. . . . Truancy, defined as 10 unexcused absences in 90 days, is a misdemeanor. But Escambia County school officials said it rarely results in arrests.
New law changes maximum required age to pay child support 9-9-07 -- Noncustodial parents have to pay child support for their children in college only until they turn 21, after a new Missouri law dropped the maximum age by a year. . . . Last week's change could cut off child support for 3,200 current college students over age 21. The new law allows a parent to stop paying after a child turns 21 or fails at least half of his or her courses in a college semester. A parent still can stop paying at 18 if the child does not pursue a higher education. . . . But some lawmakers still argue the maximum age should be dropped to 18. Thirty-eight other states end required child support at age 18 or upon high school graduation. Massachusetts and Hawaii are on the high end at age 23 if enrolled in college. . . . But critics of the change say Missouri was doing something better than other states, meaning the drop to 21 could jeopardize the senior year for lots of college students, ignite new fighting between divorced parents and flood the courts with new litigation. August 2007
Federal Judge Orders Wal-Mart to Offer Health Insurance to Workers' Stepchildren Joel Stashenko, New York Law Journal 8-31-07 -- The stepchildren of working parents in New York state are dependent children for the purposes of qualifying for coverage under federally regulated group health insurance plans, a federal judge has ruled. . . . Wal-Mart Stores Inc., based in Bentonville, Ark., had balked at providing coverage for the stepson of one of its employees in upstate Essex County, N.Y. The county sought to force Wal-Mart to insure the boy after he was enrolled in Medicaid, the taxpayer-supported health insurance program. . . . Wal-Mart argued that the relationship did not meet two criteria under its Associates' Health and Welfare Plan. The plan requires that non-custodial stepchildren must live with Wal-Mart employees at least nine months out of the year and that they must be claimed on their parents' federal tax returns as dependents to qualify for coverage. . . . William Lamica, now 13, is the son of William L. Vradenburg, husband of Wal-Mart employee Aime Vradenburg. The boy does not live with the Vradenburgs and Aime Vradenburg has not adopted him. Nor does she claim him as a dependent on federal taxes. William L. Vradenburg receives health insurance coverage through his wife's Wal-Mart policy. NY Lawyer Can't Dodge Malpractice Trial
8-31-07 --In the brief period that Marina Tylo represented Natalia Khlevner in her divorce proceedings, the attorney did little more than serve Ms. Khlevner's husband with a summons for a divorce action. . . . Unfortunately, a judicial hearing officer eventually discovered, Ms. Tylo served the summons before filing it and purchasing an index number, thereby rendering the service invalid. The JHO threw out Ms. Khlevner's judgment of divorce, and along with it her favorable settlement agreement. . . . A Kings County Supreme Court justice has now ruled that Ms. Khlevner may pursue a malpractice claim against her former attorney even though Ms. Khlevner's subsequent attorney failed to catch and remedy his predecessor's error.
Police Prep Case Against Lawyer 8-29-07 -- The breach of trust between lawyer Richard Johnson and close to one hundred clients has emotions running high, so high there have been police calls, and assault charges on top of the already serious ethics charges against Johnson. . . . When Jeff Wheeler hired attorney Richard Johnson to represent him in a divorce case, here's what he got for his money; "Absolutely nothing." said Wheeler. . . . That's right. Wheeler's one of nearly one hundred clients of the Southaven attorney who paid for work, and then got excuses, like computer problems, and paperwork issues, but no results."I kept trying to call and got a totally different person on the phone who said they'd re-vamped the office and did away with all their employees. " Wheeler recounted. . . . Now, his clients are on the warpath, and have the attention of Mississippi Bar officials."He assued me that their concern was the public and they're coming up here to try to help people, tell people how to file a complaint with the bar association." said former client Alvin Ward. . . . A Tuesday night meeting was expected to generate an avalanche of complaints against Johnson, complaints which could lead to his disbarment.
Missouri: Being Right, While Being Wronged, Can Be Expensive
8-27-07 -- Being right, while being wronged, can be expensive in Missouri! . . . Ask Gary and Cynthia Stocklaufer, the young couple that went to court to adopt a relative's son only to have the child taken from them. Taken from them because someone within the system decided that Gary was too fat to be a father. He "might" get sleep apnea. He "might" develop diabetes. Oh those almighty "Mights"! What if all adoptions were based upon all the "mights" that are out there? . . . "Might" grow older. . . . "Might" lose one's looks. . . . "Might" develop an allergy. . . . "Might" turn gray. . . . "Might" lose some hair. . . . "Might" get stressed out from all the worry of the "mights" and have a stroke. . . . Missouri needs to get real and take a long hard look at how it enables social workers and guardians to impose their personal biases where they have no right to be imposing them. As it has been for some time, a Missouri social worker can play god according to themselves. One mentality is... "I do not believe in spanking, so if you spank, I shall take your children from you on the grounds of abuse. Not that it is illegal in Missouri to spank your child, but up to me to decide if it is abuse. Can you afford the fight? I thought not! You will do it my way or else! . . . And that seems to be the KEY ISSUE in this situation -- "my beliefs are ultimate"!!!. . . . I'm a little confused as to where "rational thought" is suppose to have existed in this case.
Panel: Judge helped hide husband's assets
8-25-07 -- The judge who weathered accusations of sleeping in court is now accused of fraudulently shielding her husband's assets from creditors. . . . Rockingham County Superior Court Judge Patricia Coffey has allegedly compromised the integrity of the judiciary by creating a trust to put the assets of her husband -- John Coffey -- out of reach of creditors. . . . One of the creditors is the Professional Conduct Committee, which has been seeking legal fees relating to John Coffey's 2005 disbarment for exploiting a client suffering from dementia. Coffey was accused of acquiring the woman's beachside Rye cottage in 1998 as payment for $50,000 in legal bills. . . . The New Hampshire Supreme Court oversees the disciplinary process for judges through a Judicial Conduct Committee, which operates independently of the state's high court. The committee generated and filed the complaint against Coffey, said Anthony McManus, its executive secretary.
It's time to change child custody laws in Oklahoma
One of the fundamental tenants of our government is that all men — that is, people — are created equal. . . . Each has the same claim in the eyes of justice; we all start at the same spot and each person is entitled to a fair hearing and a redress of grievances. . . . That’s the way life in the USA is supposed to work; granted it doesn’t happen all the time. . . . But that’s the goal. . . . Except here in Oklahoma. . . . Here in the Sooner State in cases of divorce and child custody, there is no equality. . . . Here there is no balance. . . . Here, men get the shaft. . . . While you’ll hear denial after denial, the fact remains that Oklahoma’s child custody laws — and a majority of the judges who enforce them and the attorneys who abuse them — are slanted toward the mother. . . . Decades ago the concept was known as the “Tender Years” doctrine. And while some will try to convince you this doctrine is a thing of the past, don’t believe them. It’s alive and well. . . . Men, fathers, don’t get a fair hearing in child custody and divorce cases. . . . And it’s time for a change. . . . Because divorce is often such an acrimonious issue, the courts — and those who profess to be attorneys — should do everything possible to remove the emotion from the issue. . . . Instead of trying to decide what’s best for the child; children are used as pawns and often, access to children is a weapon used by an angry mom against a struggling father. . . . I say we even things up. I say we change our laws.
Peter J. McBrien’s conduct in divorce case raises red flags
8-10-07 -- There's little love lost in the courtroom of Sacramento Superior Court Judge Peter J. McBrien. By the time most couples appear before him at the William R. Ridgeway Family Relations Courthouse, any prior affection between the pair has been all but wrung out of the relationship. Ulf and Mona Carlsson’s acrimonious divorce trial in March 2006 was no different. Nevertheless, Ulf Carlsson sat calmly through the first day of the proceeding as his wife’s attorney presented the case against him, confident that he’d get his fair hearing in court. . . . But Carlsson’s fair hearing never came. . . . Near the end of the trial, as Carlsson’s attorney was cross-examining a witness, Judge McBrien left the bench to answer a phone call, abruptly ending the trial. He never returned to the bench and later rendered a decision that weighed heavily against Carlsson, even though the judge hadn’t heard all the evidence in the case. . . . “I was shocked,” said Carlsson, a Swedish native who moved to the United States in 1984 to pursue a degree in architectural engineering at UC Davis. “It was like a big circus. He rubber-stamped all of the opposing attorney’s demands.”
Your Cheatin' Car Will Tell on You: Toll Records Are Used to Catch Unfaithful Spouses
8-10-07 -- Adulterers, beware: Your cheatin' heart might be exposed by E-ZPass. . . . E-ZPass and other electronic toll collection systems are emerging as a powerful means of proving infidelity. That's because when your spouse doesn't know where you've been, E-ZPass does. . . . "E-ZPass is an E-ZPass to go directly to divorce court, because it's an easy way to show you took the off-ramp to adultery," said Jacalyn Barnett, a New York divorce lawyer who has used E-ZPass records a few times. . . . Lynne Gold-Bikin, a Pennsylvania divorce lawyer, said E-ZPass helped prove a client's husband was being unfaithful: "He claimed he was in a business meeting in Pennsylvania. And I had records to show he went to New Jersey that night."
States adopt marriage ed courses 8-7-07 -- Like the hapless couple in the new Robin Williams movie, “License to Wed,” marriage-bound Texas residents will soon be able to go to class to learn about the ups and downs of wedded life before they tie the knot. . . . Texas is the latest state to push marriage education, appropriating $7.5 million this year for programs aimed at reducing divorce rates and, in turn, promoting family stability and economic wellbeing. Couples who attend the Lone Star State’s optional marriage courses will be able to save the $60 they would otherwise pay for a marriage license starting September 1, 2008. . . . At least 28 other states have similar initiatives or will soon. Arkansas and Arizona lawmakers this year appropriated new funds for existing programs, according to the National Conference of State Legislatures (NCSL), and at least 26 states won five-year federal grants for pre-marital counseling programs under a $1.5 billion Bush administration program aimed at fostering healthy marriages. . . . Critics say states should leave marriage education to churches and family counselors. But marriage education advocate Arlene Wohlgemuth says states have an interest in matrimony, from issuing marriage license, trying divorce cases and collecting child support to providing aid for a variety of social welfare problems that result from broken families. Why Parents In Split Families Shouldn't Lose Their First Amendment Rights To Talk To Their Children:
8-2-07 -- Many defenses of child custody decisions based on parents' speech and religion acknowledge that parents in intact families have broad rights to speak to their children free of government restraint (see PDF pages 43-53 of this article), but argue that in split families this is different. I think this is wrong, as I argued at length in my NYU article; but I thought I'd excerpt some of my arguments here, in a somewhat abridged form. . . . 1. Surrender of Parental Rights: Some argue that parents in split families lose some of their constitutional rights: “In matters of custody, the family unit has already been dissolved, and that dissolution is accompanied by a weakening of the shield constructed against state intervention. A parent cannot flaunt the banner of religious freedom and family sanctity when he himself has abrogated that unity.” . . . Each parent's right to live with a child, and to control the child's upbringing, must indeed yield in some measure when the parents split up. The child can't physically be in two separate households at once; and if the parents are hostile enough to each other, they can't make joint decisions about the child's life. . . . But it doesn't follow that parents' First Amendment rights must likewise yield. Parents' individual rights to speak to their children (and to practice their religions by speaking to them) can still be fully exercised after the parents break up. The parent may no longer be able to rely on the sanctity of the family as a unit, but he may rely on the sanctity of his own constitutional rights. The government must intervene to some extent when a family breaks up, but there's no inherent reason that it must intervene in the parents' speech. . . . Nor has the parent's conduct somehow waived the right. First, child custody speech restrictions may be imposed on a parent even when the family's unity was abrogated by the other parent: The law here doesn't distinguish the leaving parent from the one who gets left.
8-2-07 -- A commenter responding to my hypo in which a judge denied a parent custody because the parent's teaching of traditionalist Christianity was against the child's best interests suggested that the hypo was implausible, because Christian beliefs are so widespread in the America. Well, it was meant to be pretty extreme, though I suspect that in a few jurisdictions traditionalist Christian beliefs about sexual morality are in the minority. . . . But let me remind people of this story from 2003 and 2004, though one that arose in the special case of a parent's Christian teachings being implicitly critical of the other parent. First, the original news story from November 2003: . . . A Christian mother is appealing a judge's decision that prohibits her from teaching her daughter that homosexuality is wrong. . . . Cheryl Clark, who left a lesbian relationship in 2000 after converting to Christianity, was ordered by Denver County Circuit Judge John Coughlin to "make sure that there is nothing in the religious upbringing or teaching that the minor child is exposed to that can be considered homophobic." .. . . Now, an excerpt from the July 2004 appellate opinion reversing the order, but leaving open the possibility that it could be reimposed: . . . "While [c]ourts are precluded by the free exercise of religion clause from weighing the comparative merits of the religious tenets of the various faiths or basing [their] custody decisions solely on religious considerations, the family is not beyond regulation in the public interest as against a claim of religious liberty, and neither the rights of religion nor rights of parenthood are beyond limitation." Thus, evidence of beliefs or practices which are reasonably likely to cause present or future harm to the child is admissible in a custody proceeding. . . . When parental responsibilities have been determined, § 14-10-130(1) allows the person with decision-making responsibility to determine "the child's upbringing, including his or her ... religious training," unless the court, after hearing and upon motion by the other party, finds that, "in the absence of a specific limitation of the person's ... decision-making authority, the child's physical health would be endangered or the child's emotional development significantly impaired." . . . Here, the trial court observed that Clark and McLeod will never be able to agree regarding the religious upbringing of the minor child and awarded Clark sole parental responsibility concerning religion. Thus, Clark is the "person ... with responsibility for decision-making" within the meaning of § 14-10-130(1)....
Judge's decision 'normalizes' transgenderism 8-1-07 -- A family values organization is criticizing a judge's ruling that taxpayers must pay for a sex-change treatment for a state prison inmate. . . . According to Associated Press reports, the inmate, Randall Gammett, demanded a name change to Jenniffer Spencer while in prison, as well as various treatments. . . . The inmate, in jail for possession of a stolen car and escape, believes "she is a woman trapped in a man's body," according to the report, and "castrated herself using a disposable razor blade" in a prison cell when state prison physicians declined to prescribe estrogen. . . . The inmate then filed a lawsuit against the Idaho Department of Correction, alleging a violation of constitutional rights for that refusal. . . . Now Judge Mikel Williams, of U.S. District Court, ordered the state to provide the inmate with psychotherapy and estrogen pending a trial. . . . Bryan Fischer, the executive director of the Idaho Values Alliance called it judicial activism "at its worst." . . . "Judge Williams has taken it upon himself to normalize transgenderism, and is forcing Idaho's taxpayers to subsidize a twisted approach to resolving gender identity disorders," Fischer said.
McGreevey's ex wants $56K a month, lawyer says
8-1-07 -- The estranged wife of former Gov. James E. McGreevey wants $56,000 a month to continue the lifestyle to which she became accustomed to at the governor's mansion, according to McGreevey's lawyer. . . . Matthew Daniel Piermatti II said today that Dina Matos McGreevey made the financial request despite the fact that she lived with the former governor for only 3 1/2 years and would only be entitled to alimony after 10 years of marriage. Matos McGreevey's lawyer later rebutted that claim, calling it "entirely false." . . . The couple appeared in Superior Court in Elizabeth today before Superior Court Judge Karen Cassidy to discuss the timetable for their divorce. Neither said a word in the brief public proceeding and barely acknowledged one another. . . . The judge set a trial date for their divorce for next May but repeatedly tried to prod the couple toward a settlement. No mention was made in court of Matos McGreevey's alleged request for support. . . . "She is asking for too much," said Piermatti, who called a settlement at this point unlikely.
Sons Conceived In Vitro Ruled Covered by Trusts
8-1-07 -- Three years after James B. died of Hodgkin's lymphoma, his wife Nancy gave birth to the couple's first son, who was named James in honor of his late father. . . . Two years later -- nearly six years after her husband's death -- Nancy gave birth to their second son, Warren. . . . Now, as the boys approach their first and third birthdays, their in vitro conception has raised an issue of first impression that New York's Legislature did not consider, for obvious reasons, when it first drafted the Estates, Powers and Trusts Law in the early 1960s. . . . Specifically, in Matter of Martin B., Manhattan Surrogate Renee Roth had to decide whether the "issue" and "descendants" provided for in seven 1969 trusts includes children conceived with the cryopreserved semen of the grantor's late son -- James B., as he is known in court papers -- whose death preceded his own sons' conception. . . . Surrogate Roth ruled that the grantor's intent is controlling and that, although his trusts were understandably silent on the subject, they appeared to favor inclusion of young James and Warren among his "issue" and "descendants." July 2007
High court upholds Ohio's domestic-violence law Gay-marriage ban doesn't affect it, 6 justices say
7-27-07 -- Ohio's domestic-violence law applies to unmarried couples despite the state's 2004 constitutional ban of gay marriages, the Ohio Supreme Court ruled today. . . . Lower courts across Ohio had issued contradictory rulings on whether the 3-year-old amendment overturned domestic-violence statutes. By a large majority voters had agreed not only to define marriage as only between a man and woman, but also to mandate that the state and its political subdivisions could not "create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage." . . . In a 6-1 ruling, the court said the domestic-violence law is not trying to define a legal relationship, but merely identifies one class of people who are protected from violence. The law lists 11 types of household relationships besides spouse, including other relatives, in-laws and ex-spouses. . . . “The state does not create cohabitation; rather it is a person's determination to share some of life's responsibilities with another that creates cohabitation,” Chief Justice Thomas J. Moyer wrote for the majority. “The state does not have a role in creating cohabitation, but it does have a role in creating a marriage.” To read the Ohio Supreme Court's decision in full, click here.
Cheaper to Keep Her:
7-25-07 -- Avraham Levi, whose divorce case was the subject of ex-parte discussions between his attorney, Paul Siminovsky, and convicted ex-Supreme Court Justice Gerald P. Garson, was sentenced yesterday to three months in prison and five months probation. . . . Mr. Levi, 53, pleaded guilty in June 2004 to conspiracy in the fourth degree and agreed to cooperate with prosecutors in the Brooklyn District Attorney's Office. He admitted that he paid another man, Nissim Ellman, $10,000 to bribe Mr. Garson. . . . Mr. Garson, 74, began serving his 3-to-10 year prison sentence for bribery last month.
Man ordered to pay ex-wife alimony, despite domestic partnership 7-23-07 -- (AP) -- A judge ordered an Orange County man to continue paying $1,250 a month in alimony to his former wife — even though she's in a registered domestic partnership with another woman. . . . State marriage laws say that alimony ends when a former spouse remarries. So Ron Garber thought he was off the hook for the payments when he learned his ex-wife, Melinda Kirkwood, registered her new relationship under the state's domestic partnership law. . . . But an Orange County judge decided that a registered partnership is cohabitation, not marriage, and that Garber must keep writing checks to his ex-spouse. . . .The case, which Garber said he plans to appeal, highlights gaps between the legal status of domestic partners and married couples, an issue the California Supreme Court is considering as it ponders whether to legalize same-sex marriage in the state. . . . Garber knew his former wife was living with another woman — and had taken the woman's last name — when he agreed to pay her $1,250 a month in alimony. But he said he didn't know the two women had registered with the state as domestic partners under a law that was intended to mirror marriage. . . . He said he would not have signed the agreement had his wife disclosed the registered partnership. . . . "This is not about gay or lesbian," Garber said. "This is about the law being fair."
Divorce Hearing Leads To Assault
7-19-07 -- Weatherford police officers were dispatched to a Parker County court building after a man assaulted another during a divorce hearing. . . . Officers responded to the Parker County District Court Building in the 100 block of Fort Worth Highway at 1:24 p.m. on Wednesday and found the assault victim, who claimed to be in court to testify in the divorce hearing. . . . Witnesses told police that the male defendant in the hearing, Manuel Hernandez Velasquez, 46, approached the witness and initiated a verbal altercation. The two men then went outside the building where Velasquez hit the witness several times in the head, according to police. . . . The witness fought back and subdued Velasquez until police arrived. . . . Weatherford police Capt. Greg Lance said misdemeanor assaults become felonies when the victim is in court. 7-13-07 -- The lead in a recent Washington Post article paints a disturbing picture: “Children rank as the highest source of personal fulfillment for their parents but have dropped to one of the least-cited factors in a successful marriage, according to a national survey.” . . . What’s the matter with that sentence? Too much to unpack entirely in a few minutes, but let’s zero in on those two enticing words: “personal fulfillment.” The emphasis on that idea tells us a lot about what’s really wrong with marriage and family today. . . . As the article states, “The 88-page report . . . underscores a widening gap between parenthood and marriage -- at a time when living together out of wedlock has grown increasingly common and nearly one in four births is to an unmarried woman.” . . . The author quotes several people who say that they think of marriage and children separately, not as a package deal. By a wide margin, the respondents in this survey still want children. They even realize that children need a mother and a father. But increasingly fewer of them are practicing what they say they believe. Why? Because they also believe that marriage is all about “mutual happiness and fulfillment” and “personal satisfaction” instead of the “bearing and raising of children.” . . . Do you see what’s missing here?
A Judge's Guide to
Divorce:
Divorce Mediation Centers Subject to
7-13-07 -- A court ethics committee has warned New Jersey lawyers who run divorce mediation centers that they are covered by the Rules of Professional Conduct, and the panel has found one center in violation. . . . Advisory Committee on Professional Ethics Opinion 711, issued Wednesday, is an ethics primer for lawyers who own or work for such centers, which have sprung up as alternatives to traditional divorce lawyering. . . . Matrimonial lawyers who have raised doubts about the quality of the divorce agreements reached at mediation centers will like Opinion 711. Though lawyers in the centers may tout themselves as third-party neutrals, they are offering legal advice and the sums they collect are legal fees, the opinion says. . . . Sharing such fees with the center violates rules against splitting fees with non-lawyers and a generic, corporate-sounding name could be an impermissible trade name for what is essentially an organization of lawyers, the opinion suggests. . . . The opinion says divorce centers need to deploy a full arsenal of disclosures to ensure that clients know what they are giving up when they opt out of the traditional, adversarial, system.
7-13-07 -- Few dispute the notion that the citizenry is well served by a bench that reflects the diversity of its society. But whether the perpsectives that come from that do — or should — affect an individual judge's jurisprudence is another question. And the question is not rhetorical. . . . C. and H. celebrated a religious wedding, jointly cared for H.’s children from a previous relationship, and shared the joy of C.’s first child. H. made more money, but both contributed what they could to their joint bank account. As time passed, however, H. allegedly became abusive, and finally they ended up in court before Justice Rosalyn Richter, each demanding a fair share of the return on the sale of their Upper West Side townhouse. . . . Richter’s May 30 decision in this case divided the proceeds according to the matrimonial principle of equitable remedy, reimbursing both for their initial investments and then splitting the rest down the middle. Divorce court 101, right? . . . If only. In this case, Justice Richter turned black letter law pink. . . . Yaffa Cheslow (C.) and Constance Huttner (H.) are lesbians. Under New York law they were never married. Yet by applying matrimonial law to a relationship that historically has been resolved under the rules of contract, Justice Richter shattered precedent.
Broken hearts hurt; in North Carolina
7-13-07 -- Just as typical as a morning cup of coffee, one thing happens to Triangle-area divorce lawyer Lee Rosen every work day. . . . He gets at least one phone call asking about filing an alienation of affection, or criminal conversation lawsuit. . . . “It comes up every single day,” said Rosen, an expert in family law. “It’s the most visited page on our website and I have people asking about it, literally every day.” . . . Alienation of affection is the act of taking a person’s love away from his or her spouse, while criminal conversation is the act of having sexual relations with another person’s spouse. . . . In North Carolina, one of only a handful of states with so-called heart balm laws, it’s perfectly legal to sue a third party for monetary damages, alleging either the wooing or the sex resulted in the breakup of a marriage. In most cases, the defendant is a spouse’s lover.
Schwarzenegger, AG Part Ways on Gay Marriage
7-7-07 -- Gov. Arnold Schwarzenegger has quietly retained private counsel and filed his own legal brief – separate from one submitted by Attorney General Jerry Brown — urging the state Supreme Court to uphold California's ban on same-sex marriage. . . . The governor filed papers with the state's highest court on June 14 announcing that Sacramento attorney Kenneth Mennemeier Jr., and not Brown's office, would be representing him in In Re Marriage Cases, S 147999. . . . The governor declared a conflict of interest, Schwarzenegger spokesman Bill Maile said, because the attorney general's office "wanted to argue something different than what we had argued in our previous briefs and in the lower courts." Calif. Supreme Court to Hear Contentious Gay Rights Case
7-7-07 -- A war of the amici is under way as the California Supreme Court readies itself for what could become one of its most controversial cases in years. . . . Forty groups have filed amicus curiae briefs, either individually or jointly, in a case that pits doctors' rights to religious expression against patients' rights to treatment without discrimination. . . . The case involves two San Diego-area doctors who, based on their Christian beliefs, refused to provide artificial insemination to a lesbian in their care. They claimed they weren't averse to treating gays, but rather had religious objections toward helping impregnate an unmarried woman. . . . Twenty-four of the amici are gay or liberal civil rights organizations backing patients, while 16 are religious groups or conservative law associations siding with doctors.
Cuyahoga Judge Russo Jailed For Domestic Violence
How to Beat the High Cost of Divorce How Couples Can Split Without Spending a Fortune With Online Services, Mediation
7-2-07 -- Estimates suggest that 50 percent of all people who get married stay married. . . . Good for them. This is about the other half: the ones for whom the dream of till death do us part wind up in the reality of divorce. . . . A couple thinking of uncoupling these days faces a wide range of choices: from a full-blown litigated custody battle, to a mediated settlement, to a quick click on No Fault Divorce Online, a Web site that promises a fast and easy divorce for as little as $28.95. . . . So how do you choose the divorce that's right for you? . . . Clearly many couples will be lured by the promise of a cheap and painless digital divorce. And an online service might be the right choice if you've been married for a short time (less than two years) and don't have any children. . . . But proceed with caution. . . . "The key to the $29 divorce is two people communicating," said Ellen Zack, a family law attorney who practiced in Boston for 26 years, and is now a consultant "If you can sit down at your kitchen table and set aside your anger, fear, sadness and terror and say let's work this thing out, then maybe you can do it."
Local Divorce Case Generates $11 Million in Fees, Plenty of Dirt
7-2-07 -- He is a multi-millionaire business tycoon worth about $50 million. She is a free-spending woman with substance abuse issues — the New York Post called her “Pill-Pop Ma” in a headline. . . . The husband and wife have become such bitter enemies that a retired police officer had been hired to stay in their $5.7 million Westport home and make sure their four children didn’t get caught in the crossfire. . . . In court and through their high-priced lawyers, they’ve done nothing too quell what likely has become the costliest divorce battle in state history. . . . Their 82-day trial wrapped up last week with one of Peter Tauck’s lawyers calling Nancy “diabolical” and “sinister,” not to mention a liar and alcoholic. They accused her of planting 69 child pornography images on her estranged husband’s computer.
June 2007 Servicemen victimized by child support system
6-27-07 -- Congressional Republicans have taken enormous criticism from Democrats, feminists and the mainstream media for making modest reductions in federal subsidies to state child support enforcement efforts. Because these enforcement programs are popular on the left, child support enforcement agencies have long been able to operate with few questions asked. A highly publicized new California court ruling demonstrates why it's time to bring restraint and oversight to this area of government. . . . Taron James of Torrance, Calif., a decorated Navy veteran, carried out hazardous reconnaissance missions behind Iraqi lines in the aftermath of the first Persian Gulf War. While overseas, James was notified that a woman he knew back home was demanding that he pay child support for her newborn son. Los Angeles County entered a default paternity judgment against James, in part because James' military commitments made it difficult for him to defend himself. . . . Despite DNA evidence that James was not the father, the county garnisheed James' wages for a decade and employed numerous punitive measures against him, costing him a management position and forcing him to drop out of college. James eventually got the judgment set aside, but last week a California Court of Appeal refused to order that James be reimbursed for the wages the county garnisheed.
50 Cent in $25,000 a Month Child Support Spat
6-25-07 -- The $25,000 a month in child support and household expenses that rapper 50 Cent pays to the mother of his 10-year-old son is not enough, says the boy's mother, Shaniqua Tompkins. . . . The rapper is "worth tens and tens of millions of dollars," said her attorney, Raoul Felder. . . . The parents of young Marquise Jackson are wrangling over the issue in family court in this Long Island community, where 50 Cent arrived Friday in an armored SUV equipped with a satellite dish.
Questions surprise lawyers on same-sex marriage case
6-22-07 -- The California Supreme Court surprised participants in the same-sex marriage case Wednesday with a new set of questions on the nature of matrimony, the rights of spouses and domestic partners and the meaning of a voter-approved ballot measure. . . . Lawyers on all sides were preparing to file a final round of arguments by July 5 on the constitutionality of the state law that defines marriage as the union of a man and a woman. The court asked for further arguments through Aug. 1 on the additional questions, diminishing the already-slim possibility that the justices will hear the case this year. . . . The case began in 2004 with San Francisco Mayor Gavin Newsom's decision to grant marriage licenses to almost 4,000 same-sex couples. The state Supreme Court nullified the weddings in August 2004, ruling that Newsom had no authority to disregard the marriage law. That decision did not touch on the law's constitutionality. . . . The case returned to Superior Court to decide lawsuits by same-sex couples and San Francisco challenging the ban. Judge Richard Kramer ruled in 2005 that the marriage law violated the fundamental right to marry the partner of one's choice and discriminated on the basis of sex.
Abandonment at Issue in Family's Feud Over Distribution of 9/11-Related Funds
6-22-07 -- A judge in Brooklyn on Wednesday heard testimony in a case that pits the mother of a man who died in the 2001 terrorist attacks on the World Trade Center against her former husband, who wants half of their son's $2.9 million award from the federal September 11th Victim Compensation Fund. . . . Brooklyn Surrogate Margarita Lopez Torres held a daylong hearing that included testimony from the mother, Elsie Goss-Caldwell; the father, Leon Caldwell; their eldest son, Leon Jr.; and family friends. . . . The case might turn on Lopez Torres' interpretation of Estates, Powers and Trusts Law §4-1.4(a), which precludes the distribution of a deceased child's estate to a partner who has refused to provide for, or abandoned, a child before the child reached age 21. . . . Goss-Caldwell of Philadelphia testified that her former husband physically abused her before and after they were married and abandoned their children sometime between 1974 and 1975, when he moved to New Jersey.
Unmarried couples lose legal benefits Laws on gay marriage also apply to domestic unions
6-20-07 -- States that have banned gay marriage are beginning to revoke the benefits of domestic partners of public employees. . . . Michigan has gone farthest, prohibiting cities, universities and other public employers from offering benefits to same-sex partners. In all, 27 states have passed constitutional amendments defining marriage as the legally sanctioned union of a man and a woman. . . . A Michigan court ruled in February that public employers may not offer benefits to unmarried partners, gay or straight, because of a 2004 amendment defining marriage. Government employers there had offered benefits only to gay couples. . . . Kalamazoo and the Ann Arbor school district have notified employees that they will end domestic partners' benefits. An appeal is before the state Supreme Court. Woman fined for dropping domestic violence charge By Norb Franz, Macomb Daily Staff Writer 6-20-07 -- A judge has rejected a Warren woman's request to lift the fine she received after she had refused to proceed with a domestic violence complaint against her husband. . . . Through her attorney, Theresa Ann Owens, 32, unsuccessfully argued the $500 fine was unjust because 37th District Judge Walter Jakubowski Jr. lacked the authority to assess the court costs against her. Jakubowski took only minutes to reject her request, but gave her 60 days to pay her $250 balance. . . . "We're disappointed it was denied at this level," Owens' attorney, Darryl Bressack, said Monday. He said he plans to appeal the ruling in Macomb County Circuit Court. Bressack had argued that Jakubowski lacked jurisdiction to assess the court costs against his client.
Vermont Judge Dissolves Lesbian Civil Union, Awards Custody Of Child
6-18-07 -- A Vermont judge has dissolved the civil union between two former lesbian lovers and awarded custody of their 5-year-old daughter to one, with regular visitation for the other. . . . For three years, the girl's biological mother, Lisa Miller, who has renounced homosexuality, has been fighting efforts by her former partner, Janet Jenkins, to maintain contact with the girl, Isabella. . . . The courts have consistently ruled in Jenkins' favor. In April, the U.S. Supreme Court refused to hear an appeal of a decision by the Vermont Supreme Court awarding Jenkins visitation rights. . . . In his decision, Rutland County Family Court Judge William Cohen awarded custody of Isabella to Miller, who lives in Winchester, Va. He also granted regular visitation to Jenkins, who lives in Fair Haven. . . . Starting in August, Jenkins and Isabella are to spend every other weekend together, alternating between Vermont and Virginia.. . . "The purpose of this specific initial schedule is to facilitate reunification between (Isabella) and Janet," Cohen ruled Friday. "The court has suggested that the parties utilize an outside facilitator to determine a long-term parenting time schedule."
Mack judge OKs divorce settlement
6-15-07 -- A state judge has ruled the $1 million divorce settlement between Darren and Charla Mack, verbally ordered by Family Court Judge Chuck Weller last year before he was shot and she was murdered, must go into effect. . . . Mark Wray, a lawyer defending Darren Mack against murder charges, had opposed making the settlement to Charla Mack's estate final, arguing it was never written and signed, and therefore is not binding. . . . But Third Judicial District Judge David Huff disagreed in his order released Thursday. . . . "The order says Judge Weller's order from the bench is now memorialized in writing," Egan Walker, lawyer for Charla Mack and her mother, said. . . . Walker said he didn't know how the $480,000 cash and other payments totaling $500,000 from Darren Mack's pension fund would be paid since it is tied up in court. . . . "So all of us will have to put our heads together to fund the payments in the settlement," Walker said. . . . Wray said Mack would appeal.
Happy Father's Day: Deadbeat Dad
6-15-07 -- Former Brooklyn Supreme Court Justice Reynold N. Mason will remain in jail for failing to pay child support at least until July 17. . . . Manhattan Justice Joan B. Lobis ordered Mr. Mason jailed three weeks ago for failing to comply with a January contempt order requiring him to pay $234,000 in support for his three children. . . . Yesterday Justice Lobis lowered Mr. Mason's bond to $50,000 from $75,000, but Mr. Mason, who was removed from the bench in 2005 for having used client escrow funds while in private practice, remained unable to meet the lower amount, according to Robert Z. Dobrish, of Dobrish Zeif Gross & Wrubel, a high-profile divorce attorney who is representing Mr. Mason's ex-wife, Tessa Abrams Mason, pro bono.
6-13-07 -- *********The most recent occurrence that got my gorge rising is simply the latest example of judicial arrogance and cruelty. For a long time, I've realized that the only people who place more emphasis on blood than certain aboriginal tribes, Islamic fundamentalists and Dracula, are American judges. . . . Some years ago, in a highly-publicized case, the Illinois Supreme Court removed a young child from his adopted family, and handed him over, as if he were a used car or a stick of furniture, to some foreign jerk-off who hadn't even been married, as I recall, to the boy's biological mother. But blood, these black-robed idiots decided, counted for more than love and sacrifice, and far more than what the child wanted or needed. . . . There have been countless cases in which the children of women who used crack cocaine even during their pregnancies were taken away from the only home and only parents the children had ever known because, at some point and for however long, the woman had managed to get off drugs. These women endangered the child even before it was born; they're unwed; and usually have no parenting skills or any other skills beyond hooking for a living. But none of that matters, not so long as they're connected by blood. So far as these mutton-headed jurists are concerned, blood trumps everything, including common sense and common decency. So far as these judges are concerned, blood is indeed thicker than water. But nothing's as thick as their own heads.
NY BigLaw Star Loses Round to Lesbian Ex-Partner on Sale of $3.5 Million Home
6-8-07 -- A Manhattan judge has treated the distribution of the proceeds of the sale of a separated same-sex couple's home more like a divorce than a contract dispute, ordering an equitable distribution of the funds rather than the presumed 50-50 split for tenants in common. . . . "It is well-settled that tenants in common share a rebuttable presumption that each holds an equal undivided one-half interest in the subject premises," Supreme Court Justice Rosalyn Richter wrote in C.Y. v. H.C., 102658/06. "However, 'partition is an equitable remedy in nature and Supreme Court has the authority to adjust the rights of the parties so each receives his or her proper share of the property and its benefits,'" she concluded, citing Hunt v. Hunt, 13 AD3d 1041. . . . Plaintiff Yaffa Cheslow and defendant Constance Huttner, both lawyers, began a "committed personal relationship" in 2001 and became domestic partners in New York City in the summer of 2003, according to the decision. . . . In December 2003, the couple purchased as tenants in common a Manhattan townhouse for $3.46 million, according to city records. . . . Two years later, Ms. Cheslow moved out of the West 70th Street house. She subsequently petitioned for a partitioning and sale of the home. . . . Justice Richter granted Ms. Cheslow's motion for summary judgment on the partition claim and ordered the property to be sold following a trial on the distribution of the proceeds.
'Marriage' to become museum piece
6-6-07 -- A proposal that already has earned the support of state senators in California would make marriage a museum piece, effectively relegating the biblically-mandated institution to the same category of usefulness as the rotary-dial telephone, opponents say. . . . "If S.B. 11 becomes the law, marriage will be functionally abolished," said Randy Thomasson, a spokesman for the Campaign for Children and Families. "Awarding marriage rights to people who shack up but refuse to get married is completely ridiculous." . . . The plan that has been endorsed by the Democrat-controlled California State Senate is one promoted by a lesbian state senator, Carole Migden, of San Francisco. . . . It would give an unmarried man and woman who are living together the rights of marriage, Thomasson said. It was approved by the Senate 22-13, with all Democrats in support and all Republicans opposed.
Why America's Child Support Laws
Violate Basic Biblical Principles; 6-4-07 -- It may not generally be known that current child support and family laws violate basic biblical principles. Taken alone, any one of these laws works a great evil. Taken together, they form a whole greater than the sum of its parts that visits great wrong on those that must pay child support. Our current child support laws violate basic Christian principles, which I hope to make the subject of multiple series of articles: It is my hope—and I do not know if I will have time to do so, to write a series of articles on this subject. I do not write against child support in the abstract—I write against the current child support laws in the United States. So if you write, "Rinaldo Del Gallo thinks child support is unbiblical, you lie." I am speaking only of the laws as they actually exist. . . . PART 1: Bribing a Judge Through State Financial Incentives . . . THE LAW: Under federal laws, states get increased federal funding if they collect more in child support, creating a financial incentive (of which some call a “bribe”) to increase child support awards and to enforce existing ones even if it appears that the father cannot make payments. . . . BIBLICAL PRINCIPLE: It is unbiblical to take a payoff or bribe with regard to lawsuits. RELEVANT BIBBLICAL PASSAGES (New International Version): 1 Samuel 8:3 “But his sons did not walk in his ways. They turned aside after dishonest gain and accepted bribes and perverted justice.” . .. Amos 5:12 "For I know how many are your offenses and how great your sins. You oppress the righteous and take bribes and you deprive the poor of justice in the courts.” (Whole chapter is rough on Israel and speaks of the condemnation to face Israel.)
Verdict: Judge’s collection ideas work
6-2-07 -- About 75 friends and supporters of a Muskogee County judge who earned national recognition for his efforts to boost child support collections packed a second-floor courtroom for a surprise celebration. . . . District Judge Mike Norman was awarded the 2007 Judicial Award for Excellence from the National Child Support Enforcement Association, a Washington-based organization. The award was presented by Victoria Harrison, assistant director for the Child Support Enforcement Division of the Oklahoma Department of Human Services. . . . Muskogee Mayor Wren Stratton took the opportunity to issue a proclamation, declaring May 31, 2007, as Judge Mike Norman Day. A number of other local and state officials lauded Norman for his “problem-solving court” approach and his ability to increase the payment of child support for eastern Oklahoma's children. . . . Norman presides over child support enforcement proceedings in five eastern Oklahoma counties in which the Court Liaison Program has proven successful. Child support enforcement officials said the program yielded more than $2 million in incarceration cost savings to the five counties in 2006 and generated $789,963.51 in payments for children, a 71 percent increase from 2005. . . . “The Court Liaison Program helps us distinguish between the deadbeats and the dead broke noncustodial parents,” Harrison said during her presentation of the national award to Norman. “The deadbeats go to jail, and the dead broke get help finding and keeping a job.”
May 2007
Supreme Court: Marital masters' decisions can't be final 5-31-07 -- (AP) _ Marital masters provide invaluable service to the judicial branch, but they're not judicial officers, the state Supreme Court said Wednesday in response to questions from New Hampshire's state Senate.. . . A bill that was tabled in the Senate would authorize all recommendations of marital masters to become final within 10 days of the date of the clerk's written notice of the recommendation, unless someone requests that the recommendation be reviewed by a judge. . . . Currently, judges are required to review and sign the recommendations. . . . The Senate had asked the court in April to determine if enacting the bill would violate requirements set forth in the New Hampshire Constitution. . . . At issue was whether marital masters _ who are nominated to the governor and then submitted to the Executive Council for confirmation _ are considered judicial officers under the state constitution.
Maryland high court may adopt stronger view of Troxel
5-30-07 -- Oral arguments will be held in the case of Janice M. v. Margaret K. in the Maryland Court of Appeals (Maryland's highest court). A live webcast of the arguments will be available at this link, and the schedule of cases on the docket is available here. The case involves child custody and visitation claims brought against an adoptive mother by her former lesbian partner, under a theory of "de facto" or "psychological" parenting. . . . The court has the opportunity in this case to continue a reform of Maryland law it began earlier this year, toward greater protection for the fundamental right of parents to direct the upbringing of their children, protected by the U. S. Constitution and recognized by the U. S. Supreme Court most recently in Troxel v. Granville. . . . In January 2007, the Maryland Court of Appeals issued a decision in Koshko v. Haining significantly altering existing Maryland precedent on the standards applicable to claims under the state's grandparent visitation statute. Expressly citing the need to bring Maryland law into harmony with U. S. Supreme Court fundamental parental rights precedent, especially Troxel, the court interpreted the grandparent visitation statute to contain a rebuttable presumption that the parental decision on disputed visitation is in the child’s best interests. The court also interpreted the statute to require a threshold finding of parental unfitness or exceptional circumstances before a trial court is authorized to conduct a "best interests of the child" analysis of the visitation claim.
Miami judges to yank concealed weapons permits in domestic violence cases
5-23-07 -- People accused of domestic violence must surrender their concealed weapon licenses along with their guns and ammunition under new procedures implemented by the courts in Miami-Dade County. . . . Earlier this month, Amy Karan, administrative judge for the county's Domestic Violence Division, ordered that firearm forms for restraining orders and misdemeanor acts of domestic abuse be revised to specifically require that people give up their licenses to carry guns. . . . The judge said she took the step after reading a South Florida Sun-Sentinel investigation of Florida's concealed weapon system. The newspaper found, among other problems, that 128 people statewide had valid licenses to carry guns despite permanent domestic violence injunctions. Licenses are supposed to be suspended whenever an injunction is in place but mistakes are made and some cases overlooked, the Sun-Sentinel reported. . . . "It didn't sound like it was being done 100 percent of the time," Karan said.
Uh, Congratulations?: NY Judges Overturn Couple's Divorce
5-23-07 -- A Manhattan appeals panel has reversed a trial court's grant of divorce, holding that the wife's allegations did not satisfy New York's "cruel and inhuman treatment" standard, notwithstanding her claim that her husband "physically force[d] himself on [her] sexually." . . . "In its vagueness and generality, this testimony could include conduct ranging from the criminal (e.g., forcible rape) to the merely obnoxious," the unanimous Appellate Division, First Department, panel held in its unsigned opinion, Gross v. Gross, 256. . . . Carol and Jerome Gross had been married for 37 years when Ms. Gross petitioned for divorce. . . . Manhattan Supreme Court Justice Joan B. Lobis granted a judgment of divorce in February 2006. . . . Mr. Gross, a retired attorney, subsequently appealed. . . . Yesterday, the First Department found for Mr. Gross and threw out his wife's complaint. . . . The panel found that Ms. Gross' evidence failed to establish that her husband's conduct "so endangers [her] physical or mental well being [as to] render it unsafe or improper" for the couple to live together, as required by Domestic Relations Law §170[1].
Parents Don't Need Lawyer in Ed Cases
Parents need not hire a lawyer to sue public school districts over their children's special education needs, the Supreme Court ruled Monday. . . . The decision came in the case of an autistic boy from Ohio, whose parents argued they were effectively denied access to the courts because they could not afford a lawyer. . . . Federal law gives every child the right to a free appropriate public education, which in the case of special needs children sometimes means enrollment in a private facility. . . . But most federal courts had concluded that parents who are not lawyers and who want to challenge decisions have to hire an attorney to represent them. . . . Justice Anthony Kennedy, writing for the court, said parents have legal rights under the Individuals With Disabilities in Education Act, the main federal special education law. . . . "They are, as a result, entitled to prosecute IDEA claims on their own behalf," Kennedy said. Divorce Down, Marriage Down, Illegitimacy Exploding
5-21-07 -- This week, the NCHS announced that divorce rates are the lowest since 1970. Marriage is down, and shacking-up is on the rise. [1] . . . But the federal government forgot to mention the biggie – the “missing link” -- the one statistic proving that Republican “welfare reform” is a complete disaster: Illegitimacy is now at new historic record levels. [2] In 1980, 29.4% of children were born out of wedlock. In 2004, 35.8% of children were born outside marriage.[3] . . . While everyone debates why folks are shacking (or hooking) up in increasing numbers, nobody in the media mentioned what happens when people live together out of wedlock: Illegitimacy explodes. . . . In 2004, illegitimate births increased at a record-matching level of 3%.[4] Illegitimacy rates are still highest for women in their twenties, but the illegitimacy rate for women age 35-39 nearly doubled since 1980.[5] How does all this prove that welfare reform was a failure? The Personal Responsibility and Work Act of 1994 (PROWA) accomplished nothing positive. The welfare state was converted into an even more aggressive “child support state”, actually increasing entitlements to have children out of wedlock, and granting the Department of Health and Human Services and state agencies the dual powers of arbitrary levy and confiscatory powers the Internal Revenue Service never imagined possible. . . . Illegitimacy is now heavily entitled, and marriage is not. Married families pay taxes to support illegitimate mothers (who get tax credits in addition to welfare and child support). . . . Why are record numbers of women in their thirties having children outside marriage? Feminists have been telling women for years not to marry. Have a career, nail a guy or two before your biological clock runs out, and Congress will finance the feminist dream. . . . Let us put the problem of anti-family federal government in perspective. HHS is the largest line item in the federal budget – approximately $612-billion in 2004.[6] It is growing even faster than our defense budget. In one way or another, the vast majority of these expenditures go towards undermining or destroying marriage. Should the Law Recognize Grandparents’ Changing Roles?
5-14-07 -- Social scientists have long been aware of the significant role that grandparents in many minority and low-income families play in their grandchildren’s upbringing. These grandparents often live with or in close proximity to their grandchildren and provide much of their day to day care. The reasons are, in part, economic as the cost of child care has become prohibitive for many families, but they are also cultural. For example, African-American families have long been more likely than the rest of the U.S. population to rely on extended family members for child care. They are also more likely to encourage what I call quasi-parental relationships between grandparents and grandchildren as opposed to the “companionate” role that, according to sociologists Andrew Cherlin and Frank Furtensberg, the majority of grandparents play. Companionate grandparents play with their grandchildren, they buy them presents, and according to Dr. Kornhaber, the author of various grandparenting books, they become “a buddy,” “pal,” “secret confidante, and, at times, even a lighthearted conspirator” to their grandchildren. However, companionate grandparents have relatively little influence over their grandchildren’s upbringing and little desire for greater involvement. .
Local attorneys say they have not seen decrease in divorces
5-14-07 -- Vanessa Lawler vows it will never happen to her again. . . . "I won't be another statistic," she said emphatically. . .. Lawler became a statistic in 2003. That's when she and her husband of six years divorced. . . . "I never want to go through that hurt again," Lawler said. "I'll never do it again; I'll never marry again." . . . Most will agree that divorce has become a far too common occurrence in the United States and in the Shoals. Research indicates that a couple marrying today has only a 55 to 58 percent chance of living happily ever after. . . . Trends nationally indicate divorce cases are declining. That's not necessarily the case in northwest Alabama. . . . From 2000 through 2005, there were 7,140 divorces granted in the four-county area of Colbert, Franklin, Lauderdale and Lawrence. Figures for 2006 were not available. . . . Colbert County showed the biggest spike in the region from 2004 to 2005, with an increase of 144 divorces. Lauderdale County saw 11 more divorces during that period, while Franklin divorces declined by nine and Lawrence divorces declined by 33. . . . In each county, however, the number of divorces in 2005 was not the highest yearly total during the six-year stretch. The highest numbers were: Colbert, 402 in 2001; Franklin, 211 in 2003; Lauderdale, 473 in 2003; and Lawrence, 232 in 2001.
Deployed Troops Battle for Child Custody
5-7-07 -- She had raised her daughter for six years following the divorce, handled the shuttling to soccer practice and cheerleading, made sure schoolwork was done. Hardly a day went by when the two weren't together. Then Lt. Eva Crouch was mobilized with the Kentucky National Guard, and Sara went to stay with Dad. . . . A year and a half later, her assignment up, Crouch pulled into her driveway with one thing in mind -- bringing home the little girl who shared her smile and blue eyes. She dialed her ex and said she'd be there the next day to pick Sara up, but his response sent her reeling. . . . "Not without a court order you won't." . . . Within a month, a judge would decide that Sara should stay with her dad. It was, he said, in "the best interests of the child." . . . What happened? Crouch was the legal residential caretaker; this was only supposed to be temporary. What had changed? She wasn't a drug addict, or an alcoholic, or an abusive mother. . . . Her only misstep, it seems, was answering the call to serve her country. . . . Crouch and an unknown number of others among the 140,000-plus single parents in uniform fight a war on two fronts: For the nation they are sworn to defend, and for the children they are losing because of that duty.
Marin Family Court Disgrace
5-4-07 -- Words cannot describe the feeling of desperation that overcomes a protective parent when facing down a family court judge that has gained a reputation for suspicious, questionably corrupt, behavior in divorce and custody rulings. Marin County has had its fair share of these accusations, from as far back as the mid 90's, naming longtime judges such as Michael Dufficey, John A Sutro, Jr, Sylvia Shapiro, Terence Boren and Vernon Smith. . . . The accused cronies-in-crime weren't just judges but have also included other county personnel such as DA Paula Kamena, Investigator Patricia Stafford and Court CEO John Montgomery. Most accusations against family court officials have been ignored by the county and grand jury, with only a failed election recall briefly affecting DA Kamena. . . . In 2002 the grand jury did respond to one request I made for investigation into crimes committed by Judge John A Sutro Jr, but their response was that the Grand Jury NEVER investigates family court officials. It was not known to me at the time that the Grand Jury's overseeing judge was in fact John A Sutro Jr. himself. Was this a fox guarding the henhouse? . . . Time has not changed the problems in Marin's Family Court; individual cases are just covered up a little better. Paperwork still comes up missing, children are still placed in the sole custody of an abusive parent and justice is a meaningless word that can be purchased with enough money or with the implied promise of favors when the lawyered-up parent informs the judge what kind of business he is in.
'Life's Short, Get A Divorce' Law Firm Ad Causes A Stir In Chicago Neighborhood Fox News 5-4-07 -- A racy divorce lawyers' ad in Chicago's glitzy Gold Coast neighborhood had some area residents raising their eyebrows. . . . "It certainly gets everyone's attention," one woman told local FOX affiliate WFLD. . . . The ad is sponsored by Fetman, Garland & Associates, Ltd., a law firm specializing in divorce. The billboard is complete with two scantily clad bodies — one male and one female — telling people that "Life's short, get a Divorce." It's located near the intersection of State and Bellevue streets. . . . "In terms of tasteful — well, no, it wouldn't be my first choice," one man told WFLD. . . . "It's offensive because the message is sex, and if you don't have what you want, you dump it," said another woman. . . . But the law firm calls the ad "cutting edge" and is making no apologies for it. Lawyers there say the ad isn't for everyone, but instead targets couples looking for a way out of a bad marital situation.
Click here to watch the WFLD report
Lesbian Asks Court To Return Child Removed By Judge 5-2-07 -- A Macon, Georgia woman is pleading for the return of a seven year old girl ordered removed from her care when the judge discovered the woman is a lesbian. . . . Elizabeth Hadaway had been caring for the little girl called Emma for almost a year and the child calls her "Mommy." . . . Their problems began after several months of legal proceedings in which Hadaway fought to keep her. . . . The little girl's biological mother, who had sole custody, asked Hadaway to raise and adopt the child after struggling for years to care for her in spite of a variety of problems that included financial hardships and a difficult life on the road as a truck driver. . . . With the biological mother's blessing, Hadaway was granted legal custody in 2006. Under Hadaway's care, the child began making great strides in her schoolwork, self-confidence, and emotional well-being. . . . Several months later, Wilkinson County Superior Court Judge John Lee Parrott appeared to be on the verge of granting Hadaway's request to permanently adopt Emma when he noticed in January in a home study report that Hadaway was living at the time with her same-sex partner of seven years. . . . At that point Parrott abruptly denied the adoption, ordering that Emma be sent back to her biological mother. . . Hadaway complied and met with the biological mother at a truck stop to hand over the girl. . . . After accepting custody, the biological mother saw how distraught Emma was at being taken from Hadaway and again insisted that Hadaway should raise the girl, the ACLU which represents Hadaway said Wednesday.
April 2007
Ban on 'mom' and 'dad' considered – again
A plan that has been launched in the California state Assembly – again – could be used to ban references to "mom" and "dad" in public schools statewide by prohibiting anything that would "reflect adversely" on the homosexual lifestyle choice. . . . It's similar to a plan WND reported was approved by lawmakers last year, but fell by the wayside when Gov. Arnold Schwarzenegger vetoed it. . . . "SB 777 forcibly thrusts young school children into dealing with sexual issues, requiring that homosexuality, bisexuality and transsexuality be taught in a favorable light," according to an alert issued by the Capitol Resource Institute. . . . "Not only does SB 777 require that classroom instruction and materials promote and embrace controversial sexual practices, it also bans school-sponsored activities from 'reflecting adversely' on homosexuals, bisexuals and transsexuals," the group said. . . . "Pushing this radical homosexual agenda in California schools will stifle the truth in favor of political correctness and will inevitably conflict with the religious and moral convictions of both students and parents," said CRI Executive Director Karen England. "The full ramifications of this sweeping legislation could affect the entire nation as most textbook companies tailor their material to their number one purchaser: California."
4-27-07 -- As the bribery trial for former state Supreme Court Justice Gerald P. Garson unfolded over the last month, a curious group of activists used the proceedings to declare war on the matrimonial bench. . . . This loose coalition of women’s rights activists, divorcees, and judicial reformers filled the gallery at the trial. They picketed outside the courthouse and held an informal celebration when Garson was convicted on April 19. . . . They had the support of a number of activist organizations, including the National Organization for Women (NOW), the National Alliance for Family Court Justice, and the Protective Mothers Alliance for Justice. . . . On the eve of Garson’s conviction, 57 of activists filed a formal complaint with the state Commission on Judicial Conduct alleging that his wife, Brooklyn Civil Court Judge Robin Garson, was “exploiting her official status” by photographing activists at the trial, breaking courtroom boundaries, and using the courthouse staff entrance. . . . More than anything, they used the letter as a wedge to explain their platform calling for reform of judicial treatment of women, generally, and mothers, particularly, in divorce cases.
Bill addresses custody when parents go to war
In giving preliminary approval Monday to a bill dealing with child custody during military deployments, the state Senate added a requirement that Arizona retain jurisdiction when children are taken out of state. . . . An amendment introduced by Sen. Linda Gray, R-Phoenix, was crafted after a Senate committee heard testimony from Army Reserve Capt. Brad Carlson, who lost custody of his three children while serving in Iraq and Kuwait. . . . Carlson and his wife had agreed that she would take the children from Phoenix to her native Luxembourg during his one-year deployment. When he filed for divorce while still overseas, the children had been away long enough under Arizona law that Luxembourg decided custody. . . . In a telephone interview, Carlson said he considers state laws only an 80 percent fix. He wants the issue addressed at the national level. . . . "Otherwise there will be all these state-by-state responses to the problem," said Carlson, who now lives in Sierra Vista and works as a contractor for the U.S. Department of Defense.
Collaborative Divorces On Rise The children benefit more than their parents' wallets, proponents say.
4-9-07 -- A divorce reached through collaboration might sound odd for couples headed toward Splitsville. Same goes for their lawyers, who make serious dough when breakups are drawn-out and dirty. . . . Yet 25 bay area lawyers and a growing number of their clients have embraced "collaborative divorce," a process that restores the give-and-take lost somewhere after "I do." . . . "What's left after the massacre?" Tampa marital law lawyer Nancy Harris said of traditional divorce. "It feels better to win with this process." . . . Traditional divorces don't always go to trial. Many go to mediation, where an arbitrator stays neutral while everyone else takes sides. . . . The collaborative concept puts participants on the same team. Spouses and lawyers come together with mental health and financial experts (read: no judges) for meetings. Before meeting, they agree on an agenda focused on child support, asset division and alimony. . . . They go to the courthouse only when it's time for a judge to sign off on the final settlement.
Parenting Coordinator Pilot Program Program Guidelines and Related Material The Supreme Court recently approved the operational details of a Parenting Coordinator Pilot Program for implementation in four vicinages – Bergen, Middlesex, Morris/Sussex, and Union. Those details are set out in the attached set of Program Guidelines. Also attached here are a standardized order of appointment; a parent coordinator registration form; and a standardized case information form. (pdf file) The Pilot Program Guidelines were drawn in substantial part from rule amendments proposed by the 2004-2006 Family Practice Committee. The Court declined to adopt those rule proposals at that time, preferring instead to test the parenting coordinator concept in a pilot program. This material will be published in the legal newspapers and will be posted on the Judiciary’s Internet website: http://www.judiciary.state.nj.us . Questions regarding this material or the pilot program may be directed to Assistant Director Harry Cassidy, Family Practice Division, Administrative Office of the Courts, at 609-984-4228. /s/ Philip S. Carchman Philip S. Carchman, J.A.D. Acting Administrative Director of the Courts
4-6-07 -- Former Washington County Public Defender Joseph Oswald was sent to Washington County Jail on Wednesday to serve 15 days for failing to pay nearly $11,000 in child support, officials said. . . . Acting Washington County Family Court Judge Richard Meyer sent him to jail when he was unable to pay the money as ordered. The court order would allow for his release before the 15 days are served if he pays the money. . . . Oswald, who runs a private law practice from an office in Fort Edward, was the county's public defender from 2001 until the summer of 2005. He resigned after he came under investigation in a bad check case and for allegations he roughed up a boy who lived near him. The bad check charge was dropped, and he was not charged in connection with the child's allegations. . . . He nearly landed in jail earlier this year when he was given an ultimatum by Meyer to pay several thousand dollars of the child support, money that he came up with the day he was to be sent to jail, officials said. Meyer took the case when Washington County Family Court Judge Stan Pritzker recused himself because Oswald practices before him.
Legal battle among attorneys continues divorce By Edith Brady-Lunny - Lee News Service Writer 4-4-07 -- A DeWitt County judge heard arguments Tuesday involving allegations of indirect civil contempt against a Clinton attorney accused of misrepresenting case law he cited in a divorce case that has been pending for seven years. . . .The attorney, Joseph Carberry, represents Diane Motayne in a 1999 divorce case against Bill Spencer. Attorneys for Spencer filed the contempt charge after a Feb. 21 hearing in which Carberry misstated the findings of a court case he cited in arguments before Judge Chris Freese. . . . Spencer's attorney, Steve Thomas, told Judge Stephen Peters that Carberry's error was an attempt to mislead the court. . . . "He flipped these cases around on their heads," Thomas said. . . . Thomas rejected arguments by Carberry attorney Joe Taylor that the attorney was guilty of offering an incomplete citation. . . . In the February hearing, Carberry told Freese the cases supported his client's request that she not be forced to pay attorney fees incurred as part of the divorce case. A review of the cases indicated that the opposite rulings were made, Spencer said. . . . Taylor described the contempt allegations as frivolous. If Carberry had correctly cited the cases, "this criminal contempt charge, a tempest in a teapot, would be nonexistent," Taylor said in a motion to dismiss the allegations.
March 2007 NOW Demands Access to Program Geared to Fathers Taking The Initiative
3-29-07 -- It's called the Promoting Responsible Fatherhood Initiative, and the Bush administration doles out up to $50 million annually to fund its programs to build job skills and help fathers connect better with their children. But the National Organization for Women says the effort is illegal because it's only about men. . . . NOW and Legal Momentum, another advocacy group, filed complaints yesterday with the Department of Health and Human Services alleging sex discrimination in the initiative that is funding about 100 programs this year. . . . The complaints cite 34 programs, including one run by the District and two others in the Washington area, that, they say, do not offer the services to women. That, the groups say, violates Title IX, the law that prevents sex discrimination in federally funded education programs and is best known for forcing universities to offer comparable sports programs for men and women.
Sex change prompts alimony fight
3-27-07 -- In a case that could set precedent for transgendered individuals, a Seminole man asked a Pinellas circuit judge Tuesday to set aside his alimony requirements because his ex-wife is now a man. . . . Lawrence and Julia Roach were married for 18 years before they divorced in 2004. In the divorce settlement, Julia Roach was granted $1,250 a month in alimony. . . . Since then, Julia has transitioned to become Julio Roberto Silverwolf, 55, a transgendered individual. . . . At issue in the case is Roach's contention that a man paying alimony to a man is illegal since same-sex marriage is not recognized under Florida law. . . . "My client did not agree to pay a man alimony," said one of Roach's attorneys, John McGuire, at Tuesday's hearing. "He agreed to pay a woman alimony, and when she changed to a man I believe she terminated that alimony." . . . Roach did not comment for this story on advice of his attorneys.
German Judge Cites Koran, Stirring Up Cultural Storm
3-23-07 -- A German judge has stirred a storm of protest by citing the Koran in turning down a German Muslim woman’s request for a speedy divorce on the ground that her husband beat her. . . . In a ruling that underlines the tension between Muslim customs and European laws, the judge, Christa Datz-Winter, noted that the couple came from a Moroccan cultural milieu, in which it is common for husbands to beat their wives. The Koran, she wrote in her decision, sanctions such physical abuse. . . . News of the ruling brought swift and sharp condemnation from politicians, legal experts and Muslim leaders in Germany, many of whom said they were confounded that a German judge would put seventh-century Islamic religious teaching ahead of German law in deciding a case of domestic violence. . . . The court in Frankfurt abruptly removed Judge Datz-Winter from the case on Wednesday, saying it could not justify her reasoning. The woman’s lawyer, Barbara Becker-Rojczyk, said she decided to publicize the ruling, which was issued in January, after the court refused her request for a new judge. . . . “It was terrible for my client,” Ms. Becker-Rojczyk said. “This man beat her seriously from the beginning of their marriage. After they separated, he called her and threatened to kill her.”
Does the prospect of arranged marriage and abuse warrant asylum in the US? An immigration judge said no, but an appeals court panel found a valid fear of persecution.
3-23-07 -- When Hong Ying Gao arrived in the US from China in 2001, she pleaded with authorities for asylum, expressing fear that if deported, she'd face abuse and even torture. . . . But what separates Ms. Gao's case from thousands of other asylum seekers is that her fear of abuse is not tied to iron-fisted tactics of the Chinese government. Rather, it stems from anticipated mistreatment at the hands of her future husband. . . . At age 19, Gao was sold by her mother for the equivalent of $2,200 to become the wife of a man in her home village who, Gao says, will physically abuse her. Instead of facing that prospect, she fled China. . . . Is Gao a legitimate refugee deserving US protection? Or should she be returned to China and a future husband who has already paid for her? An immigration judge said that Gao had no claim to asylum in the US. But an appeals court panel reversed that judgment, ruling that the woman had a valid fear of persecution and was entitled to remain in the US.
Supreme Court: Fixed divorce agreements can’t change
3-21-07 -- A man who claims his ex-wife tried to hire a hit man to kill him will have to keep paying her more than $2,400 a month after the Supreme Court ruled their divorce agreement can’t be changed. . . . Joseph Richardson — whose ex-wife, Ida Richardson, has not been charged with trying to have him killed — argued that there are exceptions that allow a fixed separation agreement to be changed. Under the former couple’s agreement, he must pay her $2,425 a month until she remarries or either of them dies. . . . A lower court dismissed the case after ruling the agreement could not be changed, and the Supreme Court agreed. . . . Joseph Richardson’s attorney, Chet Pleban of St. Louis, said there is enough evidence to warrant making changes. He argued before the Supreme Court in December that people should not be allowed to profit from bad acts and that it’s wrong to not allow a judge to reconsider an agreement if circumstances warrant. . . . “Does she have to kill him before we say, ‘Time out, there’s a public policy violation here’?” Pleban said. . . . The court noted that if the woman had her ex-husband killed, her monthly payments would stop, so such action couldn’t be seen as motivated by profit. The court also said the case is separate from any potential claims regarding insurance policies or other funds that are payable upon death. . . . The ex-wife’s attorney said Joseph Richardson has tried several times to make changes to the separation agreement. Read the case Richardson v. Richardson, SC87641
Religious Divorce Battle Goes Public, Complete With Picket Signs
3-16-07 -- In an unusual twist on a growing religious issue, a Boca Raton, Fla., psychiatrist who refused to grant his ex-wife a Jewish religious divorce has filed suit to stop members of a local synagogue from holding demonstrations in front of his office demanding that he give her the divorce. . . . On Monday, Dr. David Abisror filed a motion in Palm Beach Circuit Court seeking a temporary injunction to prevent the group from the Boca Raton Synagogue from picketing. He claims the protesters have engaged in libelous and slanderous speech, interfered with his business relationships and created a public safety hazard. . . . Abisror and his ex-wife, Naomi Baruch, were married 12 years ago in Hollywood, Fla. Two years later, they obtained a civil divorce. But, according to Abisror's motion, he refused to sign a "get" -- a Jewish divorce document -- though he doesn't say why. There are no children from the marriage, and there were no outstanding financial issues, according to their divorce documents. . . . Baruch has since moved to Israel. Without the get, she cannot date or remarry, according to Orthodox Jewish law, which governs marriages and divorces in Israel. Baruch enlisted Israel's chief rabbi, Shlomo Amar, in her quest to obtain a get. It was through his efforts that the Boca Raton synagogue became involved.
Hope springs eternal for jailed attorney By Marlene DiGiacomo 3-16-07 -- MEDIA COURTHOUSE -- The attorney for jailed Main Line lawyer H. Beatty Chadwick is again trying to spring him. Chadwick has been behind bars for the past 12 years on a contempt charge -- the longest in U.S. history -- stemming from a messy divorce in which he is accused of hiding $2.5 million in marital assets. Over the years, Chadwick has steadfastly denied the accusations against him. . . . Attorney Michael Malloy, in his latest petition, cites a case out of New York in which the Second Circuit Court directed a matter of civil contempt, involving a defendant imprisoned for failure to comply, be remanded for a rehearing to get "a fresh look by a different pair of eyes." . . . The case involving the 70-year-old Chadwick has gained national attention and will also be featured in an upcoming People magazine article. Malloy said he has been interviewed by the publication. . . . Over the years, Chadwick’s case has gone before a number of Delaware County judges, including former county President Judge Kenneth Clouse. All have reached the same conclusion that Chadwick has the key to his own release by revealing where the millions in marital assets are hidden. Woozles in the Name of Protecting Women? by Carey Roberts 3-14-07 -- The Gender Warriors have discovered the perfect wedge issue, one that carries raw, visceral appeal with liberals and conservatives alike, and to a large swath of the American electorate. . . . But there’s a catch: For this issue to work, the truth must purged from general awareness. Researchers have to be re-educated, or if need be, cowed into silence. And the media must be goaded to cooperate. . . . The issue is domestic violence. . . . This area has become so strewn with Urban Legends that researchers have dubbed them the “woozle effect.” Remember when Winnie-the-Pooh and Piglet went hunting and almost caught a woozle? . . . Dr. Richard Gelles of the University of Pennsylvania is one of the best-known researchers in this field. Gelles recently published an article in Family Court Review that exposes many of these woozles. Here’s a sampling: / “The Centers for Disease Control reports that domestic violence is the leading cause of injury to women ages 15 to 44.” Interesting, but the CDC never said anything like that. . . . “According to the March of Dimes, battering during pregnancy is the leading cause of birth defects.” That factoid certainly came as a surprise to the March of Dimes. . . . “Female perpetrators of partner homicide serve longer jail sentences than males” Here’s the truth: the average prison sentence for male offenders is 17 years, and for female murderers is 6 years. . . . The woozles continue. Message from ACFC 3-5-07 -- Below are several recent articles co-authored by Stephen Baskerville, Mitchell Sanderson and Tim Fittro pertaining to family courts and shared parenting. The first appeared in the Grand Forks Herald in North Dakota regarding unbalanced reporting on child support and "deadbeats." Click here for the article. This article appeared in the Charleston Gazette concerning family law reform in West Virginia and was co-authored with Tim Fittro, Director of Men Against Discrimination, ACFC's West Virginia affiliate. Click here to read the article. For more on Men Against Discrimination and to access a copy of their Joint Parenting Act visit http://www.menagainstdiscrimination.org/. MAD has been running a powerful and effective campaign for shared parenting throughout the state. They are directly confronting the problems with the family courts and domestic violence industry as they push for adoption of shared parenting as state law. MAD Director Tim Fittro reports interest in changing state domestic relations law is extremely high in both the legislature and general public. In a highly public move, MAD is offering a $10,000 reward to any West Virginia citizen who comes forward with a case where the filer of false allegations of abuse has been criminally prosecuted. Take a look at how this organization is focusing the public spotlight on the family courts and their family fracturing operations.
Support Shared Parenting Ad #1
Attorney Suspended For Spending Client's Money On Child Support 3-8-07 -- A Seminole County attorney can no longer practice law because he spent his client's money on his child support. Now those clients are fighting to get the thousands they were awarded. Eyewitness News confronted the lawyer, Wednesday, and asked what happened to the missing money. . . . The Florida Bar suspended Mark Hutchison indefinitely, saying he admitted spending his client's money for his personal expenses. . . . Hutchison is in the process of shutting down his practice in Sanford. He has to be out of business by the end of this week. The Bar Association said his financial records were such a mess, they couldn't tell how much of his clients' money he'd spent. . . . "This is what I'm left with, my leg. I got none of the settlement money out of it, nothing," said Tom Peer.
3-8-07 -- Throughout thousands of years of human history and every year of American history, people have recognized that marriage is a sacred bond between one man and one woman. This view is now under attack across the country. Liberal judges in Massachusetts, New York, and California are legislating from the bench to rewrite their states' marriage laws, instead of upholding them. The New Jersey legislature, following the lead of Vermont and Connecticut, just passed legislation establishing civil unions between homosexual couples. . . . An overwhelming majority of North Carolinians support marriage as a sacred bond between one man and one woman, but our current laws are not enough to protect society's most important institution. While NC General Statutes 51-1 and 51-1.2 already define marriage as "between a man and a woman," a single Superior Court judge could overturn these North Carolina statutes protecting marriage. Also, these statutes can be overturned by any future General Assembly that wants to repeal our state's statutes protecting marriage. . . .That's why Senator Jim Forrester and I have introduced Senate Bill 13, which gives North Carolina voters the right to put marriage in a place where even an extremist judiciary can't touch it - the North Carolina Constitution. The passage of a Marriage Protection Amendment would place traditional marriage in the strongest possible position. Voters who believe marriage is too important to become a political football tossed about by future legislatures deserve the opportunity to vote for a Constitutional Amendment that puts marriage in a "lockbox," protected from activist judges and the General Assembly by a vote of the people.
February 2007
Sitting judge faces contempt over his divorce case
2-28-07 -- A state Supreme Court justice who hears cases in Orange County could find himself on the wrong side of the bench if he's held in contempt over his divorce case. . . . Judge Lawrence Horowitz is representing himself in a contempt-of-court motion filed by his ex-wife, Alexis Furer. Their divorce was finalized in June, but Horowitz was accused earlier this month of failing to make repairs to their house in Westchester County and to list it for sale. . . . Justice Arthur Diamond hasn't set a date for a hearing to decide whether Horowitz should be held in contempt. A court clerk said that Diamond will first review written arguments that will be submitted by Horowitz and a lawyer for his ex-wife. . . . Horowitz declined to discuss the dispute, citing state regulations that gag sitting judges from talking about pending cases — "including my own case," he said.
Judge speeds justice in Family Court
2-27-07 -- Courtrooms can be destructive to families. That was the premise Maricopa County Superior Court Judge Norman Davis used in the summer of 2004 when he started massive reforms to Family Court. . . . The Arizona Supreme Court asked Davis to streamline the system after an independent study showed that Family Court operations were just average. . . . Davis had watched divorce proceedings widen the division between spouses and trap and traumatize children. So he went to work. Since then, cases have been flying through the system. The number of pending cases in the department dropped from 19,638 in July 2004 to 12,279 in December 2006. . . . Davis said he wanted to get families — especially children — to the stability that lies beyond the court process. . . . He saw several ways to speedier justice: group similar cases and deal with them similarly, cut out unnecessary and laborious steps, and hand the court calendar over to the people.
Parental Rights Under Attack in Massachusetts Judge shoots down lawsuit brought by outraged parents.
2-27-07 -- "The shot heard 'round the world." . . . That's how Ralph Waldo Emerson described that moment in 1776 when the Minute Men fired the opening salvos of the American Revolution on the village green in Lexington, Mass. . . . It's also how parental-rights advocates describe what happened last week when a federal judge in Boston shot down a lawsuit by some parents who objected to what Lexington schools were teaching their young children about homosexuality. . . . Last Friday, U.S. District Court Chief Judge Mark Wolf told David Parker and Rob and Robin Wirthlin that they had no legal right to challenge the schools -- at all. . . . "It's so absurd, you can hardly even discuss it," said Brian Camenker, executive director of the Boston-based group MassResistance. "The judge said that the schools have a right and an obligation to teach about same-sex relationships, even in the elementary schools -- and that parents' rights end at the schoolhouse door." . . . The judge also indicated that if parents don't like what the schools teach, they are free to put their kids in a private school or to home school their kids.
N.J. Says It Will Recognize Gay Unions From Other States, Nations
2-19-07 -- Gay couples who are married in Massachusetts, Canada or other places where same-sex marriage is allowed will have all the rights of married people in New Jersey as of Monday, the state Attorney General's Office decided Friday. . . . New Jersey should consider those couples to be in civil unions rather than marriages, Attorney General Stuart Rabner said in the opinion for the state Department of Health and Senior Services, which is responsible for registering civil unions. . . . Civil unions, which will be available in New Jersey starting Monday, grant all the benefits of marriage -- but not the title -- to gay couples. . . . Gay rights activists had mixed reaction to the decision. They were happy to have the clarity and to learn that the civil unions will be granted automatically, but also voiced concern about possible discrimination. . . . "In the nick of time before next week, the attorney general has given peace of mind to a lot of families," said David S. Buckel, the director of the Marriage Law Project for Lambda Legal.
Utah high court denies parental rights for non-blood partners
[JURIST] 2-19-07 -- The Utah Supreme Court [official website] Friday restricted parental rights to biological parents in the cases of unmarried parents raising children related by blood to only one partner. The case at issue involved a five-year old girl conceived in a lesbian relationship, whose biological mother Cheryl Pike Barlow sought to restrict the visitation rights of her former partner Keri Lynne Jones. While the case involves a same-sex relationship, the ruling also applies to heterosexual couples. . . . The state supreme court's decision [PDF text] reverses a lower court holding that granted the partner visitation under the common law in loco parentis doctrine, in which a person acts as a parent although they have no blood or legal ties to a child. The court wrote: We hold that the doctrine of in loco parentis, as recognized by the courts of this state, does not independently grant standing to seek visitation after the in loco parentis relationship has ended. Although this court recognized the right of stepparents to seek visitation in Gribble v. Gribble, 583 P.2d 64 (Utah 1978), standing in that case arose out of an interpretation of statutory law granting such rights, not from an independent common law source. We decline to extend the common law doctrine of in loco parentis to create standing where it does not arise out of statute. We accordingly overturn the trial court's grant of visitation rights and hold that the common law doctrine of in loco parentis does not independently grant standing to seek visitation against the wishes of a fit legal parent. Should Grandma divorce Grandpa? Senior couples are splitting up in record numbers, and a Medicaid system that leaves one spouse in poverty as the other is dying may be a reason.
2-15-07 -- The population of divorced people over 65 has exploded in the past 15 years, and elder-law attorneys suspect money is at least partly to blame. . . . The idea that money might be a factor in divorce isn't news. But instead of fighting over their money, these attorneys say, older people who divorce might be trying to preserve it. . . . Christine Crawford of Aurora, Ohio, started divorce proceedings after her husband's care for dementia consumed more than $100,000 of their savings. . . . Crawford said she didn't want to divorce her husband, with whom she'd raised three children, but it was the only way to preserve what was left of their life savings.
'Natural family' called derogatory to 'gays' 2-15-07 -- A special session of the 9th U.S. Circuit Court of Appeals is being held today at the Stanford University Law School where lawyers are arguing whether the words "natural family, marriage and family values" constitute "hate speech" that could intimidate city of Oakland workers. . . . The words were used by two city employees who wanted to launch a group of people who shared their interests and posted a notice on a city bulletin board after a series of notices from homosexual activists were delivered to them via the city's e-mail system, bulletin boards and memo distribution system. . . . But Robert Bobb, then city manager, and Joyce Hicks, then deputy director of the Community and Economic Development Agency, ordered their notice removed, because it contained "statements of a homophobic nature" and promoted "sexual-orientation-based harassment." . . . The women, Regina Rederford and Robin Christy, also were threatened with firing from their city jobs because of their posting, according to their lawsuit against the city, which alleges Oakland's anti-discrimination policy "promotes homosexuality" and "openly denounces Christian values."
Judges may be going too far when they force divorced adults to watch what they say around their children.
Janet Jenkins and Lisa Miller got hitched and had a baby together. Vermont says that's a simple truth. Virginia said it was all null and void. The future of a little girl hangs in the balance.
2-4-07 -- Janet And Lisa Miller-Jenkins Made Love In The Morning Before Leaving For The Doctor's Office. At least that's how Janet remembers it. "We had a connection in the morning before we left," Janet said. Afterward, eager to keep their tender connection alive amid the clinical setting of the infertility specialist's office, Janet laid her hands upon her partner -- one palm on Lisa's thigh, the other on Lisa's upper arm -- as a doctor inseminated Lisa with sperm from an anonymous man the two women knew only as donor No. 2309. It was, according to Janet, a ritual the Virginia couple repeated more than once before Lisa gave birth April 16, 2002, to a 5-pound, 15-ounce baby girl named Isabella Ruth Miller-Jenkins. . . . "This baby was made in love," said Janet, now 42 and living in Vermont. . . . Lisa, 38, offers a dramatically different account of the begetting of Isabella. According to her, Janet didn't even go with her to the fertility doctor's office on the day Isabella was conceived. . . . That's just one of many issues Lisa and Janet are arguing in court, where the final chapters of their modern love story are being written. As with other couples who have split, their truths have diverged; through the lens of loss, each views their time together differently.
Michigan Court Blocks Benefits for Gay Couples 2-2-07 -- Public universities and local governments can't provide health insurance to the partners of gay employees without violating the state constitution, the Michigan Court of Appeals ruled Friday. . . . A three-judge panel said a 2004 voter-approved ban on gay marriage also applies to same-sex domestic partner benefits. . . . "The marriage amendment's plain language prohibits public employers from recognizing same-sex unions for any purpose," the court wrote. . . . The decision reverses a 2005 ruling from a county judge who said universities and government agencies could provide the benefits.
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
The American Coalition for Fathers and Children January 2007
One of Denver's Largest Family Law Firms Adds Collaborative Law Practice Collaborative Law offers a peaceful alternative to divorce litigation and two attorneys at The Harris Law firm have recently been trained in this unique family law technique. 1-23- 07 -- Recognizing an opportunity to reduce the stress and cost of Colorado divorce, The Harris Law firm has specially trained two of its family law attorneys to offer Collaborative Law. Collaborative law allows individuals seeking a divorce to do so in a non-adversarial environment. By creating this healthy "divorce environment" at the outset, couples and their children experience less stress and disruption. Furthermore, using the Collaborative Law approach can reduce legal fees and speed up the process of getting divorced in Colorado. Despite the positive benefits, many Coloradans are unaware of this unique approach to divorce. . . . Rich Harris, founder and President of The Harris Law Firm, a 10 attorney family law firm in Denver, Colorado firmly believes in the kinder and gentler divorce process and wants to get the word out about Collaborative Law. "People need to be made aware of Collaborative Law. Knowing there is a better way, it pains me every time I see a family ripped apart in a lengthy and expensive divorce trial" said Mr. Harris. Mr., Harris maintains that as a family law attorney, part of his job is to ease the pain of divorce and separation not only for the spouses involved, but also for the children who are too often the innocent victims of vicious litigation. To achieve this end, Rich now has several attorneys at the firm who have been specially trained in the process of collaborative law. No-Fault Divorce Reform Needed from staff reports 1-24-07 -- Three states want to bring sacredness back to marriage. . . . Citing high divorce rates as proof, same-sex marriage advocates have long argued that heterosexuals have not done a great job of keeping marriage sacred. But three states are brewing a plan to combat the trend by reforming no-fault divorce. . . . Under no-fault divorce -- the law in all 50 states -- all that's required is one unhappy spouse. He or she doesn't need a reason to end the marriage. Since no-fault divorce swept the nation in the 1970s, 38 million marriages have dissolved, according to Mike McManus, cofounder of Marriage Savers. . . . "(No-fault divorce) has destroyed or . . . scarred the lives of 35 million children who are now, as they grow up, finding it very difficult to bond with someone of the opposite sex," he told Family News in Focus. . . . While 27 states have passed constitutional amendments affirming marriage as being between one man and one woman -- efforts McManus applauds -- he wonders why divorce isn’t being addressed as well. . . . Three states want to change that. Michigan, Wisconsin and Virginia are considering mutual-consent divorce proposals; meaning both spouses must agree to split, if there are children involved. The proposals include exceptions for abuse and adultery.
FOR
MORE INFORMATION MICHIGAN Parents Reunited with their three children By: Dan Wilson,
Christy and Jacob have found work, transportation, and a new house to live in. Parents for Children thanks its members in Northern Michigan for making this happen. For More information feel free to Call Christy and Jacob at 231-420-9138 or Email at christypfc@aol.com
Dan Wilson, Michigan State Director,
Parents for Children
Parents For Children
receives no taxpayers money and 930 Mason, Dearborn, Mi 48124, (313) 724-9815
Californian proposes jail time for spanking 1-23-07--A plan by a California lawmaker would turn parents who place a careful swat on the bottom of their little one enthralled in pursuit of pleasure during the "Terrible Twos" criminals with a record, and possibly jail time. . . . "It's really awfully arrogant to try to protect my child from me," Karen England, of the Capitol Resource Institute, told WND. "If they want to protect children, protect them from predators." . . . The plan is being brought forward by Assemblywoman Sally Lieber, a San Jose Democrat who has no children, England said. Specifically her proposal would prohibit parents from ever spanking their two-year-old or three-year-old children to correct their behavior. . . . Randy Thomasson, president of the Campaign for Children and Families, called it the wackiest bill of the year. . . . "This punish-you-if-you-spank-your-children bill is intrusive, unenforceable, and the most blatant violation of parental rights I've ever seen," he said. "What's next, jail time for parents who raise their voices at their children? We already have enough legitimate laws prohibiting physical abuse of children, and this proposal is certainly not one of them." . . . "Government regulation of parents' discipline wipes out the right of parents to raise their own children. This is wrong. God gave children to parents, not to the state," Thomasson said. . . . England agreed. . . . "There already are safeguards in place," she said. "There's a difference between hitting and disciplining." Videos – A Way to Connect with Alienated Children Dad, K. Pat Brady, Rochester, NY, has come up with a unique idea for ‘abandoned’ dads and moms. He’s praying that it’ll catch on and children will start looking on the Internet to hear from their alienated parent. . . . Check out the video he did for his daughter and make sure you give it a great rating. "Whitney Muh Dear" -- http://www.youtube.com/watch?v=Lsx0JCBpMbc Please pass this message on.
Solo's Slump Doesn't Alter Alimony Onus
1-22-07 – It's no secret that solo practitioners are more at risk of encountering drastic economic swings than those with the financial security of working at larger law firms. . . . Such inconsistent income, however, is the nature of small-firm practice and doesn't automatically affect court-ordered payment plans, Litchfield Superior Court Judge John W. Pickard has ruled in dismissing Waterbury, Conn., attorney Thomas E. Porzio's bid to lower his alimony payments to his ex-wife. . . . Porzio experienced a 15.35 percent decrease in his taxable income in 2005, but it wasn't enough to convince Pickard that a modification in spousal support payments was in order. . . . Porzio, the defendant in his marriage dissolution case, sought a motion to modify support pursuant to C.G.S. § 46b-86, which allows for such a modification "upon a showing of a substantial change in [economic] circumstances ..." But with a practice reliant upon personal injury and workers' compensation cases, as well as real estate matters, Porzio was unable to show his decrease in income for 2005 was a "substantial change" from the year before, Pickard stated.
Michigan judge's speculation ignites debate Life in Prison for Adultery?
1-22-07 -- People who cheat on their spouses know they could pay a steep price if caught. But life in prison? . . . It's possible in Michigan, however unlikely, according to a state appeals court judge. His comment, in a written ruling in a drugs-for-sex case, adds a new twist to perpetual debates over marital morality -- and whether judges should always uphold the letter of the law, even when doing so would produce a wacky outcome. . . . It also has generated unwanted publicity for state Attorney General Mike Cox, who acknowledged an extramarital affair in 2005. Adultery is still a crime under Michigan law, but no one has been charged since 1971. Not surprisingly, Cox wasn't charged -- and easily won a second term last year. . . . "The voters got to weigh and sift all the relevant information and they overwhelmingly chose to re-elect the attorney general," said his spokesman, Rusty Hills. . . . The matter resurfaced this week when Detroit Free Press columnist Brian Dickerson wrote about the case of Lloyd Joseph Waltonen of Charlevoix, a Lake Michigan town about 270 miles northwest of Detroit. Court: Adultery could mean life Appeals panel ruling puts philandering state attorney general in awkward spot
1-16-07 -- Adulterers can be prosecuted for first-degree criminal sexual conduct, a felony punishable by up to life in prison, according to Michigan's second-highest court. . . . The ruling by Court of Appeals Judge William Murphy is especially awkward for Attorney General Mike Cox, whose office triggered it by successfully appealing a lower court's decision to drop charges against a man accused of trading drugs for sex, reported columnist Brian Dickerson of the Detroit Free Press. . . . Cox confessed to an adulterous relationship in November 2005. . . . Murphy wrote in his opinion for a unanimous appeals panel, "We cannot help but question whether the Legislature actually intended the result we reach here today, but we are curtailed by the language of the statute from reaching any other conclusion." . . . The ruling received little notice when it was made in November, Dickerson notes, but "it has since elicited reactions ranging from disbelief to mischievous giggling in Michigan's gossipy legal community." . . . "Technically," Murphy wrote, "any time a person engages in sexual penetration in an adulterous relationship, he or she is guilty of CSC I," the most serious sexual assault charge in Michigan's criminal code.
Amid bitter divorce, wall goes up in Brooklyn couple's house 1-22-07 -- (AP) — Like two Cold War adversaries, Chana and Simon Taub are separated by a wall — one that was built straight down the middle of their home to keep the bickering spouses apart. . . . Neither one wanted to move out of their beloved Brooklyn house, and so, in one of the strangest divorce battles the city has ever seen, a white drywall partition was erected a few weeks ago on orders from a judge. . . . The divorce case, which has been staggering through the courts for nearly two years, has been dubbed Brooklyn's "War of the Roses," after the 1989 movie starring Michael Douglas and Kathleen Turner as a battling couple. . . . Aside from the wall, the Taub version of the story has some other farcical elements: Chana says her husband of more than 20 years has bugged her phones. Simon says his wife owns too many shoes. . . . It's not as if the Taubs have no place else to go. For one thing, they own a place two doors down. But for reasons that include stubbornness, spite and their love of the home, both insist on staying in this particular house in Borough Park, a heavily Orthodox Jewish neighborhood. . . . "It's my house. And emotionally, in my age, I want to be in my house!" says Simon, 57, who was the one who requested the wall. He calls his wife a gold-digger. . . . Chana, 57, who claims her husband abused her, says she has as much right to stay as he does, if not more. "I need a house to live in and money to live on!" she says. "I worked very hard, like a horse, like a slave for him."
Gay couple's divorce case back in lower R.I. court
1-18-07 -- The Rhode Island Supreme Court said yesterday that it needs more information about a gay couple's marriage before it can decide whether a state court has jurisdiction over what is believed to be the state's first gay divorce case. . . . The case could present a legal conundrum in Rhode Island, where the law is silent on the validity of gay marriage, but where couples can drive across the border and wed .. . . Margaret Chambers and Cassandra Ormiston of Providence were married in Fall River, Mass., after the Massachusetts Supreme Judicial Court legalized gay marriage in 2003. The couple filed for divorce in Rhode Island Family Court last year, citing irreconcilable differences. . . . Family Court Chief Judge Jeremiah S. Jeremiah Jr. asked the high court to weigh in on whether Rhode Island judges can rule on same-sex divorce cases, but the court yesterday returned the case to him, saying he must answer a series of questions first. . . . Among other questions, the court said it wanted to know whether the couple have a valid marriage license, where they lived when it was issued, and whether Chambers, the plaintiff, has resided in Rhode Island long enough to file for divorce there.
L.A. man sues to take wife's last name ACLU suit alleges gender discrimination
1-12-07 --Michael Buday is petitioning a federal judge for the right to take Diana Bijon's last name in marriage as easily as she could take his last name. . . . Bijon, 28, an emergency room nurse, asked her fiancé to change his last name to preserve her father's family name because there are no sons. Buday, 29, a technical manager at an advertising firm, promised he would. . . . "I had a rough childhood with my father," he says. "We never really got along. Diana's father stepped up, gave me career advice. He's family." . . . Keeping his promise has been more onerous than Buday expected. A woman can choose her husband's name or her maiden name on a California marriage-license form after the couple pays a county application fee that ranges from $50 to $97. California and 43 other states provide no place on a marriage-license application for the groom to choose the bride's surname. . . . To officially change his name to hers — and for future Social Security benefits, Buday says — a man must pay a $320 court fee, advertise his intention in a newspaper for four weeks and get a judge's approval. . . . "The law makes it burdensome, if not close to impossible, to adopt the wife's name," says Mark Rosenbaum, legal director for the American Civil Liberties Union of Southern California. "It reflects the archaic notion of a woman's subordinate place in the partnership."
Attorney for Kidd's wife counters abuse claims 1-10-07 -- A day after Jason Kidd claimed in divorce papers to be a victim of spousal abuse, his wife's attorney said the New Jersey Nets point guard had no reason to fear the diminutive woman. . . . “He says he's threatened by her? He's a star athlete. She's 5-foot-2, I think, and 105 pounds,” said celebrity New York divorce lawyer Raoul Felder, one of the attorneys representing Joumana Kidd. . . . “It's shameful what he did here. The truth will come out,” said Felder on Wednesday, adding his client planned to file a counter compliant within a week. . . . The 33-year-old Kidd filed for divorce from his wife of 10 years Tuesday, a day after a court issued him a temporary restraining order against her. . . . In court papers, Kidd said his wife physically and mentally abused him, threatened to make false domestic violence complaints against him to police and interfered with his relationship with his children. . . . The papers accuse Joumana Kidd of kicking, hitting, punching and throwing household objects at her 6-foot-4, 210-pound husband as she became “increasingly controlling and manipulative” in the last few years of their marriage. . . . Monday night, Felder said police showed up at the couple's Saddle River estate and, instead of serving Joumana Kidd with the restraining order, forced her to leave. . . . “The police put her out of her own home, originally giving her 30 minutes to get out with the three children,” Felder said. “It turns out the police misinterpreted the court's order.” When parents are disenfranchised
1-9-07 -- The Family Abduction Prevention Act is designed to combat what California Sen. Dianne Feinstein (D) calls a “growing epidemic” of child abductions committed by non-custodial parents. The bill, co-sponsored by Feinstein and Texas Sen. Kay Bailey Hutchison (R), provides funding to help local law enforcement investigate and prosecute parental abduction cases. FAPA passed the Senate by unanimous consent in the last Congress and will soon be considered by the House of Representatives in the present Congress. . . . Feinstein and Hutchison are correct that parental abductions are a problem - each year, 200,000 children are kidnapped by a family member, usually a non-custodial parent. This represents over three-quarters of all child abductions. Yet while FAPA may do some good, its utility will be limited because it fails to consider why so many non-custodial parents abduct their children. . . . According to the U.S. Department of Justice’s Office of Juvenile Justice, children in sole-custody settings are at a far greater risk of being abducted by a parent than children in joint physical custody settings. The driving force behind parental abductions is the win-lose child custody system.
A billionaire divorce ... and not a lawyer in sight
1-4-07 -- Tim and Edra Blixseth spent 25 years building a $2 billion life together. . . . When they decided to divorce, they spent a single afternoon in the Beverly Hills Hotel, dividing it all up. With just two notebooks and a bottle of wine, the Blixseths — California real-estate tycoons and founders of the famed Yellowstone Club — finished the job in a matter of hours. . . . No attorneys. No accountants. No judges. . . . She kept their 420-acre estate. He got the house in Mexico. He kept his land businesses. She kept the dogs. They each got a Rolls Royce, and they will share their three private jets. . . . “We have always tried to live our lives with dignity and respect,” Tim says. “We wanted to do the same in divorce.” . . . At a time when most billionaire breakups follow a predictable pattern — the torn pre-nup, the flying Wedgwood china, the army of lawyers, the incriminating photos and, finally, the exasperated judge — the Blixseths have come up with a refreshing alternative. . . . Call it the do-it-yourself divorce, billionaire style. . . . Rather than fighting over every piece of silver, the Blixseths decided to keep what’s most important to each of them and split the difference. Life’s too short, they figured. And why give the lawyers all the money if you can work it out yourselves?
What's in a Name? For Oregon Parents, Two Years of Attorney's Fees
1-2-07 -- It has taken more than two years and time in court for one Oregon couple to choose their baby's name. Christy M. Wizner and Chad M. Doherty had a baby on April 8, 2004. The couple was not married. . . . Wizner, now 30, decided her daughter should have the same last name as her three other children. Doherty, now 31, wanted the girl to have his surname, arguing that "Wizner" is not ancestral but rather the name of the mother's former spouse. . . . The parents each got lawyers. . . . The issues that usually are the most contentious -- child support, custody and visitation -- were resolved quickly. But Wizner and Doherty still couldn't agree on their daughter's last name. So the judge held a hearing in November, 2004. . . . Morrow County Circuit Judge Jeffrey M. Wallace said the standard for settling such a dispute was unclear, but decided to follow the custom of naming the child after a biological parent of the child. . . . Wizner appealed, and more than two years later the Oregon Court of Appeals weighed in. But not before a quick review of nearly 1,000 years of naming customs. . . . Judge Pro Tempore Daniel L. Harris wrote that in married couples, the tradition developed that children receive the name of the father because he held all legal rights in the family. . . . The custom was quite different for unmarried couples where "the child was either given the surname of the mother or the mother was given the right to name the child," Harris wrote. Videos – A Way to Connect with Alienated Children Dad, K. Pat Brady, Rochester, NY, has come up with a unique idea for ‘abandoned’ dads and moms. He’s praying that it’ll catch on and children will start looking on the Internet to hear from their alienated parent.
Check out the video he did for his
daughter and make sure you give it a great rating. Please pass this message on.
“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. In the absence
of the institution of marriage, the individuals could arrange their
relationship whatever way they wanted to, making it temporary or
permanent, and sharing their worldly belongings in whatever way they
chose. Marriage means that the government steps in, limiting or even
prescribing various aspects of their relations with each other—and still
more their relationship with whatever children may result from their
union. In other words, marriage imposes legal restrictions, taking away
rights that individuals might otherwise have. Yet ‘gay marriage’
advocates depict marriage as an expansion of rights to which they are
entitled. They argue against a ‘ban on gay marriage’ but marriage has
for centuries meant a union of a man and a woman. There is no gay
marriage to ban.” "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,
Help Include Parental Alienation Syndrome in the DSM-V We are trying to get Parental Alienation Syndrome (PAS) included in the DSM-V. The DSM is diagnosis handbook for mental disorders and conditions recognized by the government as a psychological illness. We hope that with it's inclusion in the DSM-V that PAS will be treated as a potential mental condition arising from divorce and will be addressed by both the family courts and the health care industry. http://www.helpstoppas.com/onlineletter.htm
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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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Inaugurated as Family Law 2007 on
February 5, 2008
Updated 01/13/2010
12-6-07
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