6 posts tagged “family court”
www.stopfamilyviolence.org/349
by Sarah Childress
Published on September 25, 2006 by Newsweek
Why Parents Who Batter Win Custody
by Sarah Childress
It took
six years for Genia Shockome to gather the courage to leave her
husband, Tim. He pushed her, kicked her and insulted her almost from
the moment they married in 1994, she says. She tried to start over with
their children when the family moved from Texas to Poughkeepsie, N.Y.
It didn't last long. Tim called her constantly at work and, after they
split up, pounded on her door and screamed obscenities, she alleged in
a complaint filed in 2001. Tim was charged with harassment. As part of
a plea deal, Tim agreed to a stay-away order—but denies ever abusing
her or the children. In custody hearings over the past six years, Tim
has insisted that he's been a good father, and argued that Genia's
allegations poisoned their children against him. The judge sided with
Tim. This summer he was granted full custody of the kids, now 11 and 9.
Genia was barred from contacting them.
Genia is
one of many parents nationwide who have lost custody due to a
controversial concept known as parental alienation. Under the theory,
children fear or reject one parent because they have been corrupted or
coached to lie by the other. Parental alienation is now the leading
defense for parents accused of abuse in custody cases, according to
domestic-violence advocates. And it's working. The few current studies
done on the subject consider only small samples. But according to one
2004 survey in Massachusetts by Harvard's Jay Silverman, 54 percent of
custody cases involving documented spousal abuse were decided in favor
of the alleged batterers. Parental alienation was used as an argument
in nearly every case.
This
year the National Council of Juvenile and Family Court Judges denounced
the theory as "junk science," and at least four states have passed
legislation to curtail its use in custody cases involving allegations
of domestic violence. "It's really been a cancer in the family courts,"
says Richard Ducote, an attorney in Pittsburgh who has represented
abuse victims in custody cases for 22 years. "It's made it really
difficult for parents to protect their kids. If you ask for protection,
you're deemed a vindictive, alienating parent."
It may
seem hard to fathom how a judge could award custody to a parent accused
of abuse. But battered spouses often don't file criminal charges—so no
judicial finding is made against their mates—and family-court judges
typically aren't trained to referee the complexities of abusive
relationships. (Although men are sometimes battered by their wives,
women are the victims in the majority of abuse cases.) Judges often
throw out documented evidence of spousal abuse, arguing that it is
irrelevant in a custody case. And experts say that family-court judges
often look favorably on the alleged abuser because he seems more
willing to share custody than the accuser—who is hellbent on keeping
the father away from the child. According to a survey by Geraldine
Stahly, a psychology professor at California State University at San
Bernardino, attorneys will caution battered spouses against reporting
abuse in court so they don't lose their children. (Stahly and other
academics say the parental-alienation argument has more legitimacy in
custody disputes that don't involve charges of abuse.)
Parental-alienation
syndrome was first introduced by child psychiatrist Richard Gardner in
the 1980s. Fathers-rights groups picked up on the idea and began trying
it out in court. These groups condemn abusers. But Dan Hogan, executive
director of Fathers & Families, a nonprofit group that advocates
for joint custody, argues that all too often the accusers lie in order
to win custody of their kids.
There's
a small but growing movement to ban parental alienation in custody
cases, sparked by embattled parents bonding online. They've linked with
lawyers and advocates for battered spouses across the country. At least
four states, including California, have laws protecting parents who
make good-faith abuse allegations. Others may soon follow their lead.
Greg Jacob, an attorney who takes cases for abused parents pro bono, is
drafting legislation to shop to Virginia and Maryland next month.
Meanwhile, parents like Genia keep fighting. "It's so hard, having my
children lost," she says, her voice breaking. "This was my life—my
children."
Judicial discipline in 2007
In 2007, as a result of state judicial discipline proceedings, nine judges were removed from office (including one former judge). Six judges resigned or retired in lieu of discipline pursuant to agreements with judicial commissions that were made public. 104 additional judges (or former judges in approximately 15 cases) were publicly sanctioned in 2007. In 42 of those cases, the discipline was imposed pursuant to the consent of the judge. (These figures do not include pending recommendations or decisions pending on appeal.)
There were 19 suspensions without pay, ranging from one week to 18 months (with six months stayed with conditions); one suspension also included a public reprimand and $1000 fine; one also included a public reprimand and $1500 fine. In addition, there were 24 public censures; 22 public admonishments; 30 public reprimands (one reprimand also included a $500 fine, one also included a $3500 civil penalty); two cease and desist orders; three attorney discipline cases involving former judges for conduct as judges; and four other public dispositions (a private reprimand that was made public and three cases in which misconduct was found or stipulated to but no sanction was imposed).
The 2007 cases illustrate the variety of misconduct, both on and off the bench, for which judges may be sanctioned. As in other years, many cases involved discourteous demeanor in the courtroom, such as becoming angry with a litigant, treating attorneys in a sarcastic and belittling manner, using religious and ethnic slurs, and abusing the contempt power. Delay, administrative failures, and offensive language in dealing with staff also resulted in discipline for several judges. As always, ex parte communications (independent investigations or conversations with parties, attorneys, an Army recruiter, an arresting officer, witnesses, a landlord, or defendants’ relatives, for example) and failure to disqualify (from cases involving a judge’s attorney, a neighbor with whom the judge had poor relationship, or relatives, for example) also formed the basis for judicial discipline sanctions for several judges. Eight judges were sanctioned following driving while intoxicated offenses, while four former judges were disciplined based on criminal convictions for domestic violence, tampering with a utility company meter, failing to file federal income tax returns, or common law misconduct in office.
As usual, judges’ failure to resist the temptation to assist friends and relatives by using the power or prestige of office to fix tickets or ask for leniency from police, prosecutors, and other judges resulted in numerous sanctions in 2007. Less typical conduct sanctioned in 2007 included, by different judges, pushing counsel; assaulting an off-duty police officer and verbally abusing the officer’s wife; pursuing a defendant who had fled from the courtroom; telephoning a defendant’s alleged drug dealer in open court; directing a mother in a custody case to lower her pants in the courtroom to view a wound; approving a plea agreement that sent a defendant to another state; and having a domestic violence victim’s facial injuries photographed. Charitable fund-raising in the courthouse, including direct solicitation of attorneys, and an adulterous affair, including sexual intercourse in the courthouse, also led to discipline of two judges in 2007.
Many cases involved egregious handling of cases or a pattern of abuse of discretion, for example, issuing judgments without conducting a hearing or providing for service of process; finding unrepresented defendants had violated their probation without following due process requirements; increasing or threatening to increase defendants’ sentences for asking questions or offering defenses; informing unrepresented defendants at arraignment that their only choices were to plead guilty or accept diversion; failing to advise criminal defendants of constitutional and procedural rights; failing to accept guilty pleas in accordance with court rules; and following a practice that appeared to coerce criminal defendants to waive their right to jury trial. In many cases, the judge’s misconduct was exacerbated by failure to respond to inquiries by the conduct commission, making false or misleading statements to the commission, retaliating against the complainant, or attempting to influence the testimony of a witness.
The Judicial Conduct Reporter, a quarterly published by the Center for Judicial Ethics, reports developments in judicial discipline, tracks changes in codes of conduct, and analyzes recent decisions and advisory opinions. The fall 2007 issue has articles on campaign supporters and disqualification, the judicial accountability system in Bosnia and Herzegovina, developments following Republican Party of Minnesota v. White, and assessing complaints about judicial conduct and summaries of recent advisory opinions on teaching by judges. An annual subscription costs $32 ($36 foreign). A single issue of the Reporter may be ordered for $9 ($10 foreign) plus postage and handling.
AJS and Center publications can be ordered on-line at www.ajs.org. Click here for more information.
Dated January 23, 2008
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MURFREESBORO, Tenn. - Imagine being told you owe $50,000 in child support for children that aren't yours.
That's what's happening to a Arrestor man.
The Tennessee Department of Human Services has thousands of names of parents that owe child support. One of those names is Dennis Joe Brannon.
No one knows where he lives, but the state does know where Dennis K. Brannon lives.
They apparently want him pay for the other guy's children.
"I've been married happily over 21 years and it's just not possible that I've got kids in another county," said Dennis K. Brannon of Murfreesboro.
Brannon has letters from the state demanding he pay child support.
"It's in the sum of $50,000," he said as he looked at the latest letter.
The letter came from the Attorney General's office in Huntsville, Tenn., which is northeast of Knoxville.
The state is looking for Dennis Joe Brannon, but Dennis K. Brannon is receiving the threatening letters.
Initially, Brannon and his wife thought the mix-up was funny.
"We kind of made a running joke about this, but then it gets aggravating after awhile," he said. "After two or three years, it's time to get it straightened out."
He claims he's called several times.
"Well I'm sure if he's been in contact with our office, we would do whatever we needed to do to rectify the situation and make sure we have the right person," said Lori Jones, Assistant District Attorney of Child Support Division.
That isn't the case, Brannon said.
"They told me I'd have to come up there and do a DNA test and prove I'm not the father of these children," he said.
Why doesn't he just give the state his Social Security number and clear up the entire matter?
"I did give them the last 4 digits of my Social Security number and they asked several times for my whole Social Security number," he said. "But for obvious reasons, I'm not going to give it. It'd be easy for them to change those numbers and say there, we got him."
To make matters worse, he has three children ages 21, 17 and 14 and the Dennis Brannon sought by the state for child support has two children ages 16 and 14.
Several similarities have made for a child support mix-up a Murfreesboro family now wants resolved.
A DHS spokesperson said the state is investigating and if a problem has been made, it will be resolved.
The state is also concerned that the two children involved in this case apparently are not receiving the support they're owed. DHS said the children's welfare is their No. 1 concern.
NewsChannel 5.com Nashville, Tennessee - Man Involved In ID Mix-Up Over Child Support
All agencies by law must make their rules and regulations public. Some do it online or you can go into the offices and read them. Usually you can find them by going to your States homepage and type in the name of the agency and read their policies. Once you do this, you then should make a list of every policy they violated and send a copy to the CPS worker, supervisor, your lawyer, the guardian ad litem, and file it with the clerks office. No matter what is said in court, NOTHING matters except what is in the court file. I have learned that if something is in the file, even if it is not true, the court assumes it to be true because it is not disputed. The Judge has to be able to make a decision just by reading the file, so it is very important you get your side in that file. You just type up a statement of facts, what happened in your case, it doesnt matter if you dont know the law, just get your story in the record. Most importantly, know that you can appeal to the Circuit Court, which is the best thing to do in my opinion, because that is a State court and the are much more likely to follow the law and the rules. Something Juvenile Court has proven to me not to do. I have also learned, you can not be afraid to stand up for yourself. If CPS is involved they have already made their decision and you must fight and let them know you arent going to make it easy to steal your children. This is the policy guide for TN Department of Human Services. http://state.tn.us/sos/rules/0250/0250.htm
Truth Commission Findings and Solutions
Fourth Battered Mothers Custody Conference (BMCC IV)
January 13, 2007 Albany, New York
Testimony to the Truth Commission
Truth Commission Members:
Richard Ducote, Esq, Chair; Nancy Erickson, Esq.;Barry Goldstein, Esq.; Eileen King;
Patti Jo Newell; Connie Valentine, M.S.; Gwen Wright; and Joan Zorza, Esq.
Special Thanks to Mo Hannah, Ph.D., Truth Commission Coordinator
Sixteen women testified before the Truth Commission at the Fourth Battered Mothers Custody Conference about their family law cases, which covered eleven states.
The common theme that emerged from the testimony is that there is a widespread problem of abusive parents being granted custody of children and protective parents having their custody limited or denied, and/or being otherwise punished.
There is a crisis in the custody court system, which has resulted in thousands of children being sent to live with abusers while safe, protective parents, primarily mothers, are denied any meaningful relationship with their children. The court system has failed to respond appropriately to domestic violence and child abuse cases involving custody. The Commission found many common errors made by the courts and the professionals they rely upon which contribute to these tragedies. These same mistakes have negatively impacted battered women and children in other cases, with less extreme results.
From these and other case histories, and issues raised by concerned professionals throughout the country, the Commission made the following findings and proposals recommended for further study. Not all members of the Truth Commission agree with every proposed solution, but all members are in agreement that solutions need to be developed to address these findings.
for complete report click here http://www.batteredmotherscustodyconference.org/index.htm
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By SARAH KARUSH, Associated Press Writer1 hour, 37 minutes ago
The decomposing bodies of four young people were found Wednesday by U.S. marshals delivering an eviction notice, and a woman who answered the door was taken into custody for questioning.
Investigators were trying to determine whether the woman was related to the four victims, who had been dead at least two weeks, authorities said. Her name was not released.
"She was apparently calm throughout," U.S. Marshals Service spokesman Cole Barnhart said.
Mayor Adrian Fenty said the condition of the bodies made it difficult to identify them. "It is going to take scientific tests run by the chief medical examiner's office," he said.
Police Chief Cathy Lanier said the bodies appeared to be of females ranging in age from 5 to 18. Authorities were investigating how and when they died.
The case may not be ruled a homicide until the medical examiner determines the cause of death, police said. Lanier said there were no signs of forced entry into the home.
The bodies were found upstairs in the southeast Washington apartment, part of a block of virtually identical apartment houses near Bolling Air Force Base in one of this city's poorest areas, authorities said.
Larry Jones, who lives next door, said that a woman and two or three children live at the home but that he had not seen them since the summer. The children appeared healthy at the time, he said.
Jones added that in recent months he had noticed a "strange odor" coming through his vent.
"We thought it was probably dead mice in the vent or something," he said, adding that he had talked to the landlord about it.
D.C. Council member Marion Barry, who represents the neighborhood where the bodies were found, questioned why no one had reported the four missing.
"Somebody should have known that some people were not in school," said Barry, the former mayor.
D.C. schools spokeswoman Mafara Hobson said none of the children thought to be living in the home was currently enrolled in the school system. One child at that address had attended Stuart-Hobson Elementary School but withdrew in 2006 as a fifth-grader, she said.
Mindy Good, a spokeswoman for the D.C. Child and Family Services agency, said it had received one report about a family at that address in April through the city's child abuse and neglect reporting hot line.
"We made several attempts to make contact with these people. We were unable to have any face-to-face contact with them," Good said. "On the last attempt (in early May), it appeared they were no longer living at the address."
Investigators later found a new address for the family in Maryland and alerted county authorities there of the report on the family, Good said. She would not say where the family was believed to be living.
"This is a sickmaking situation. It's a horrible thing," she said.
Area resident Rowand Simpkins said that her neighbors tend to keep to themselves and that she never saw the woman or children.
"It's really a mystery," she said of the youths' deaths. "It's a sad situation."
___
Associated Press writers Karen Mahabir and Brett Zongker contributed to this report.
