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Absolutely Uncommon Analysis of Family –and "Conciliation" — Courts' Operations, Practices, and History

Archive for the ‘After She Speaks Up – Reporting Child Sexual Abuse’ Category

My Sidebar Summary, in all its Conversational, Linked “Glory.”

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I am in the process of clearing up and cleaning up (which may mean simply POSTING) information on my blog.  the format is often largely Soundoff, but will at least show that I’ve looked up before I laughed out loud, and have taken time to come to my own conclusions, over the years — and as a person meanwhile dealing with both the aftereffects of and various other forms of ongoing trauma, and some threats (such as stalking) such as happens to people who are bounced from DV protection into Custody Battles (which, FYI, is the business plan)…..

This text used to be on the sidebar, meaning it was written in one long chain of paragraphs, viewed three vertical inches at a time.  It has now been replaced by almost as much sidebar material (oh well).   It does cover significant topics of the blog, as a boat trip down a river will reveal many aspects of the countryside as you pass by — for an overview.  However it’s only when someone gets off (reads in the links, considers, or processes) the information, that it will start to make some sense).  I am intentionally covering plenty of territory, with periodic links — to introduce the concepts.  While this may seem like a meandering trip down a river, in fact, it should demonstrate which Creek we are up, and without a paddle, either.  Or should I say, with not enough people paddling forcefully in the direction of land, or even against the current.


Position statement.

Jump in somewhere, or consider it a two-inch wallpaper border to the posts. I write on (and on, and on), am opinionated, but post links to some basis for those opinons, and am consistently sowing certain information on-line that certain groups chose (and I also can back up that evaluation) to cover up. Reason demanded a reason for (and a short history of) how these courts came to be, and from under which rock did they crawl?

Most of us don’t have $139 to spare for an ebook of “Problem-Solving Courts, Therapeutic Jurisprudence and Mainstreaming,” (preview of the 13 chapters here) apparently this wasn’t intended for the parents, themselves, many of who are struggling in the courts, or to feed and raise kids, or continue to house themselves simultaneous with family court cases which refuse to close until all the family and extended family assets are drained, and enough problem-solvers have got a piece of the pie… They publish while we perish…

The book grows out of a live conference where legal, social science, and philosophical dimensions of problem-solving courts—and of the ‘new judging’—were grappled with by an impressive and accomplished group of scholars. [published by two from UNL dept. of psychology/Sept. 2012, Puerto Rico].

Back up 20 years, and hear Meyer Elkin (interviewed Feb. 1994) (short version: obituary 1994) describe how he got involved with the Conciliation Court model in Los Angeles, after time doing group therapy modeled in Alcoholics Anonymous in a Tucson? or at least Arizona prison. Or quoted by the organization he helped (it wasn’t a solo job) found saying in 1975 that the language of criminal law needed to go, and be replaced by the language of behavioral health; after all, aren’t we all on the same page?).

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“On the Road to Emmaeus,” When Life Demands a Major Shift in Understanding

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[[Speaking of "Easter" and all that...]]

Phew, what a hard post to complete! I am still not at all happy with it, but posting the information for future reference, while figuring out better ways to communicate it. We are in the realm of public direct payments to evangelical (faith-based) organizations — from HHS — for the primary purpose of evangelizing. It just so happens that these days many faith-based (Christian) organizations are evangelizing throught adoption, as they’ve been trained to. They have been social service organizations for many years as all, but the more I look at the tax exemption angle — and what churches are, meanwhile, doing to men, women and children in the name of God — I’m starting to understand this as every bit as much “PR” to make up for the damages as I also understand that the Rockefellers, Carnegies, Fords, MacArthurs, (Rhodes), Guggenheim, (Annie E. Casey) and etc. tremendous philanthropic organizations — donating millions (if not billions) to build libraries, concert halls, and other monumental institutions, are doing it (a) with taxes they didn’t pay and (b) with the profits from cartels, monopolies, and in general treating their menials like dirt, if not quite slave labor, and (c) for PR.

What do they have that wasn’t donated to them, or that the followers weren’t talked, or bullied (forced) into handing over? I mean, how many of us really have a say (agreed) to the special tax status churches enjoy and with which to expand infinitely (see internet) without having to file tax returns like regular nonprofits. And then how many nonprofits are simply situated right in church buildings? They cannot really stand independently of government while taking privileges from the same (collectively) to even exist. Meanwhile, government these days is using church-based networks for its own purpose and in my opinion, both have specialized in the hiding assets and money-laundering aspects (while covering up other kinds of abuse) from their followers.

This may not be universally true, but it is institutionally (and in general) true.

~ ~ ~ I was genuinely surprised to realize how blatantly this is happening as we speak.

I would love some morally justifiable excuse NOT to deliver this message, or to sugar-coat it, but see none… I would cut out entire sections, and more would grow in their place, as I continued simply telling what I see — and from government sources (databases, tax returns, corporate registrations, charitable registrations, and public websites advertising the same groups). Finally, it is just getting posted. The substance of it shows up in tables — if you do nothing else, scroll down to them and bypass narrative; AFTER running a search!

So, this post got its start an “Adoption Opportunities” grant series I found (foster care and adoption has been on my mind a while — see page in Children’s Law Centers (NCLN) which thrive off this — and this industry has affected family courts also, by way of promoting the use of GALs for custody cases with even a smidgen of conflict (or domestic violence). To better understand it, please read the comments thread at the bottom of the March 30, 2013 post.
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How to get No-Holds-Barred HHS Grants Info from TAGGS, and a Few Things to Do With It…

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Tracking Accountability in Government Grants System (TAGGS)

The Tracking Accountability in Government Grants System (TAGGS) is a robust reporting tool developed by the Department of Health and Human Services (HHS) Office of Grants and Acquisition Policy and Accountability (OGAPA). The TAGGS database is a central repository for grants awarded by the eleven HHS Operating Divisions (OPDIVs)*. TAGGS tracks obligated grant funds at the transaction level.

TAGGS.hhs.gov,” that is…

True, this isn’t the only governmental spending around, or the only financial information around.  But it DOES show where a large federal agency is — and has been — giving away a lot of money.  A LOT, and to whom.

I think it was HHS/ACF said it had $16 billion of discretionary money to give away to improve the lives of families — in 2013.  My personal opinion is, if they have that much money to give away, they should instead just give some of it back — but this obviously isn’t how government works…

HOW BIG IS IT?

Here are the state recipients which received — from the hand of HHS (a Federal Agency) — over $10 billion ($10,000,000,000) of grants — not contracts, loans, etc. but Gifts with Strings — in 2012:

Recipient Name City State ZIP Code County Sum of Awards
NY ST DEPT OF HEALTH  ALBANY  NY  12237  ALBANY   $ 27,628,251,843
Department of Health Care Services  SACRAMENTO  CA  95899-7413  SACRAMENTO   $ 26,047,581,703
TEXAS HEALTH & HUMAN SERVICES COMMISSION  AUSTIN  TX  78711-3247  TRAVIS   $ 18,567,426,806
PA ST DEPARTMENT OF PUBLIC WELFARE  HARRISBURG  PA  17105  DAUPHIN   $ 13,608,350,718
OH ST DEPARTMENT OF JOB & FAMILY SERVICES  COLUMBUS  OH  43215  FRANKLIN   $ 12,134,842,814
NC ST DEPARTMENT OF HEALTH & HUMAN SERVICES  RALEIGH  NC  27603-1388  WAKE   $ 11,439,197,692
FL ST FOR HEALTH CARE ADMINISTRATION  TALLAHASSEE  FL  32308  LEON   $ 10,300,084,668

(the funky alignment is my trying to tinker with widths — my HTML is rudimentary at best, & self-taught…)

This won’t be pretty, but it’s the best I can think of right now, given limited technology — I mean, my laptop and this blog.

I’m going to show some things, which will take a lot of report printouts and which may run off the right margin. If it does, View/Zoom in (However it works on your computer) to reduce font size; trust me, it works and can be brought to within the margin!

So, HOW BIG & EXPANSIVE IS THE HHS?

Oh, I don’t know.  But check out this 2012 HHS ACF “Justification of Estimates for Appropriations Committees,” with cover letter from Assistant Secretary (of HHS), David Hansell, I mean the chart of departments on page 3 or so!

Go to about page 3 and see the (large)  chart of departments for the HHS (ACF; Head Start; Office of Child Support Enforcement, another etc. — these are functional departments according to programs.  Next row looks like more administrative depts, and at the bottom — across the bottom — are the Ten Regions of HHS:  I, II, III, IV . . . . . . X. — kinda like the Ten Commandments, maybe?  Anyhow, they are at least Ten Command posts.

These are in, respectively:   BOSTON, NEW YORK, PHILADELPHIA, ATLANTA CHICAGO, DALLAS, KANSAS CITY, DENVER, SAN FRANCISCO, SEATTLE.    One for each finger, if you’re normal….

In each of these cities, also one can find some major court & health blend innovations as well; particularly Denver is home to several organizations which are HHS grantees and influential in the development (administration, and evaluation) of the Family Court (now “Unified Family Court in many areas) therapeutic jursiprudence system.  “Just come through our doors, Daddy has some psycho-educational-social conditioning classes for you, don’t worry, they’re free!” (paid previously through taxes, and other loss of value in different areas of the economy).   Results of surveys are then sent back to other centers for tabulation and writeups…. (no seriously — they are!

Featured Publication:

The Challenge of Helping Low-Income Fathers Support Their Children /
Final Lessons from Parents’ Fair Share  

(from MDRC, itself a blend of Gov’t & Foundations since 1974)
Funders:U.S. Department of Health and Human ServicesThe Pew Charitable TrustsW. K. Kellogg FoundationCharles Stewart Mott FoundationU.S. Department of Agriculture ~The Annie E. Casey Foundation~ U.S. Department of Labor~Ford Foundation~The McKnight Foundation~Northwest Area Foundation~Bill & Melinda Gates Foundation

 

Fathers provide important financial and emotional support to their children. Yet low-income noncustodial fathers, with low wages and high rates of joblessness, often do not fulfill their parenting roles. The child support system has not traditionally helped these men to do so, since its focus has been on securing financial support from fathers who can afford to pay. Meanwhile, fathers who cannot pay child support accumulate debts that can lead them to evade the system and its penalties altogether – and further limit their contact with their children.Parents’ Fair Share (PFS) was designed as an alternative to standard enforcement. Launched in 1994 in seven sites, PFS was a national demonstration program that aimed to help low-income noncustodial fathers find more stable and better-paying jobs, pay child support on a consistent basis, and become more involved parents.
Funded by the organizations listed at the front of this monograph, PFS provided employment and training services, peer support groups, voluntary mediation between parents, and modified child support enforcement.


Besides designing the PFS demonstration, MDRC evaluated it (how’s THAT for evaluation neutrality!). Between 1994 and 1996, each of more than 5,500 fathers was randomly assigned to PFS or a control group, and the program’s effects were estimated by comparing how the two groups fared over a two-year period. This monograph synthesizes the demonstration’s key findings and uses them to formulate several recommendations for the next generation of fatherhood programs.

They were low-income, in arrears on child-support and probably largely African-American anyhow, so why not conduct some social science (behavioral modification) experimentation on the men in exchange for reduced child support arrears and some help?  (NOTE:  This is why we need to pay better attention to HHS…)  It’s not medical experimentation, but social science behavioral change medication.

FYI — so is the marriage programming (as well as a source of living and real estate acquisition for some grantees).

So, HHS has Ten Regions, got that straight?  Not 50 states & Territories but as far as HHS, Ten Regions.  And generally speaking, programs are run through a “Pilot” program first.  Maybe in your city.

Here’s a novel (?)idea from HHS it would like see more of.   Note, the only grantees have to already be working for Title IV-D Agencies, which resonate to the marching beats of HHS already…  According to HHS, all 50 states had to centralize their child support distribution in the late 1990s (or lose federal welfare aid to states; so naturally they opted to do so….)

RSS Feed  ACF’s Office of Child Support Enforcement Awards Grants for Parenting Time Pilots October 5, 2012

Five child support agencies—San Diego, CA; Monroe County, IN; Fairfield County, OH; Florida; and Oregon—received

Parenting Time Opportunities for Children Pilot Program grants from OCSE.  They will develop, implement, and thoroughly evaluate service delivery models to establish parenting time orders along with child support orders.  Family violence safeguards are required

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Things that Don’t Compute: DV Sensitivity Training for Faith-Based Organizations…. SERIOUSLY??

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PART I – Six Sisters Sue, including their former Pastor

Am I supposed to “take it on faith” that major DV organizations care who lives, who dies, and which children are being molested by their own,while their church-going parents know damn well that no one’s going to report, as mandated.

More than the care about their program funding and absolutely fantastic websites . . . .

MEANWHILE:   Look at this article by Malaika Fraley of the Contra Costa Times:

By Malaika Fraley
Contra Costa Times
© Copyright 2012, Bay Area News Group

Posted:   05/16/2012 10:16:47 AM PDT

News for six sisters sue antioch cps


ABC30.com
  1. Antioch sisters suing for missed chances to stop years of sexual abuse

    San Jose Mercury News‎ – 4 days ago
    Ranging in age from 9 to 16, six sisters had been sexually abused by  Child Protective Services went to the Dutro sisters’ Antioch home Aug.

    ANTIOCH — Ranging in age from 9 to 16, six sisters had been sexually abused by their parents virtually every day since they were toddlers before finding hope in 1995 that their nightmare would end.

    Instead, they say, it grew more horrific as the people they counted on to rescue them — police, child-welfare workers, their church pastor — failed to deliver.

    A year after their parents were imprisoned for sex crimes spanning 20 years, the Dutro sisters — Glenda Stripes, Amber and Sarah Dutro, Martha McKnelly, Frances Smith and Christina Moore — are now suing the people and agencies they say failed to protect them as children by not following laws and procedures for handling child abuse.

    Child Protective Services went to the Dutro sisters’ Antioch home Aug. 18, 1995, after police had garnered two confessions from their pedophile father because 14-year-old Glenda had disclosed to a church pastor that she was being molested. Had they been given a moment alone with social workers, the sisters say, they would have told them they had been tortured for 16 days in preparation of the CPS visit, after the pastor had tipped off their parents days before calling police.

    But CPS, like police, never talked to them apart from their parents, and a light punishment for their rapist father only exacerbated their hellish existence.

    1995.   SEVEN YEARS LATER, in 2002, SARAH Dutro (then a teen) gives the pastor a full history of abuse, trying to spare others:

    The lawsuit, filed in Contra Costa Superior Court last week against Contra Costa County, city of Antioch, Calvary Open Bible Church in Antioch, and seven individuals who are either current or former CPS, police department or church employees. It alleges the defendants were negligent and failed to fulfill state-mandated duties that, if done, would have spared the Dutro children years of further abuse.

    One defendant, Calvary pastor Anthony Lee, is named for not contacting police or CPS when a teenage Sarah Dutro gave him a full history of the abuse in 2002 in an effort to stop her mother, Glenda Lea Dutro, the church’s youth adviser before her arrest, from hosting sleepover parties for children from the congregation at the Dutro house.

    Bruce Dutro was the primary sexual abuser, while Glenda Lea Dutro facilitated the crimes, often handpicking children for her husband. Both parents physically, psychologically and verbally abused and neglected the children, two of whom are biological nieces that the Dutros obtained legal guardianship of and raised as their daughters from ages 3 years and 18 months.

A THIRD time, the girls spoke up, this time to protect young children from Mexico.  FYI — a lot of evangelical protestant churches in California (I can’t speak for Catholics) seem to love to head down to Mexico for missionary work.   Supposedly:

For some of them, the sexual abuse lasted into their early 20s.

The parents were arrested in 2009 after an eight-month investigation launched by Antioch police after the sisters came to the department for the third time. The sisters said they were hesitant, having been burned by authority figures before, but anxious that their parents were working with the church to adopt a family with small children from Mexico.

Deputy district attorney Graves and Antioch police Officer Blair Benzler restored their faith in the criminal justice system by getting the 2011 conviction

Let’s go over this again.  The first reporting was 1995.  The conviction was 2011.   Let’s call that one full generation of nonresponse…

I think many women who have been to domestic violence support groups will verify with me that there are loads of Christian women in there, and some of them married to a pastor or a prominent deacon.   I am a Christian, but as a result of what I also have seen as to “coverups” I will not attend. Why should I support such an institution, whether it’s Opus Dei related or similar to this crap, above.  There IS NO EXCUSE, and this is a hallmark of such groups — their mandated reporters, for the most part, don’t.  I was being assaulted in the home in the 1990s, and sought help from plenty of pastors (not only them, but they knew).  This is what happens:  some churches are taught to imitate their leaders.  So there’s a collective silence.

Then, here comes the narcissistic domestic violence agencies and — because they’re into technical assistance and training, and are authorities, “surely” the leadership in the faith communities will respond to their really cool sensitivity trainings, and start sticking up for women.     Actually, if the faith community never does respond, it hardly matters — because the primary activity (other than helping run shelters) these groups are into is training and publicizing.  So long as that can continue, who cares if the agenda isn’t working, and is guaranteed NOT to work?

Do they seriously think none of the faith authorities read a tax return, program goal?  For example, when PCADV’s reads:

(TAX RETURN 2009) purpose:  (#3) “To expose the roots of domestic violence in the institutionalized subservience of women in this culture.

. . .that the Bible-toting evangelical communities (some of who are also in on the faith and fatherhood grants streams) are going to buy that line of thinking?  There are still plenty of groups around who don’t let women speak from the pulpit, and are actively coaching men in how to control their women.  And they aren’t going to go “feminazi” talk especially when it comes to LGBT matters?   Even the book of Genesis is pretty clear (let alone of how it’s further bastardized in practice and preaching) – the trouble with Eve was her independence from her husband, and conversing with ‘the serpent.’

excerpt, talking about “Emotional Abuse.”

✔controlling and/or limiting her behavior (e.g., keeping her from using the phone or seeing friends, not letting her leave the room or the house, following her and monitoring/limiting her phone conversations, checking mileage on her car, or keeping her from reading material, activities and places that he does not approve of)

✔ interrupting her while she is eating, forcing her to stay awake or waking her up

✔ blaming her for everything that goes wrong

ALL of these (and a lot more) were routine in my years of marriage, and going too far afield DID result in retaliation when I got home.  He also retaliated upon the children in attempt to sabotage some of my work relationships by simply not showing up in time to watch them when it was known I had to go, not enough gas in the car to get back home from the event,  sleep deprivation or interruptions (to be shouted at, or lectured), or trashing the house while I was out.

A leopard doesn’t change his spots through sitting through classes, before or afterwards, and GRRrrrreat way to continue control post-domestic violence is for the courts to order joint legal and/or joint physical custody.   This basically means people can’t get away.  

Someone has to TRULY not understand the religious minds in what’s going on (talking, USA, today) to believe that this stuff would change a pastor’s attitude, or a church’s.  For example — do we not yet understand how the Unification Church has been pushing “True Parents” and the healthy marriage/fatherhood programming, or politically how much Sun Myung Moon’s funding of the far right (meaning, conservative religion) is going on?  Have we not read anything by Jeff Sharlett (“The Family” re: the Bushes) The Dominionists, I mean, even some mainstream are starting to catch the drift, here  http://www.thedailybeast.com/articles/2011/08/14/dominionism-michele-bachmann-and-rick-perry-s-dangerous-religious-bond.html; I’m not sure I’d agree with that’s where it comes from, alone (referring to the 1960s and Rushdoony.  It’s been around before.  Like, say, “A.D. 381″ or earlier….}}

Meanwhile, the theory that people can be trained out of bad behavior by enlightened education — and not something like, for example, if it’s a church that has been complicit in covering up child abuse, domestic violence, etc. — the pastor’s out and the church loses it’s nonprofit status pretty quickly if that pastor AIN’T out.  They fire pastors for less than this, so it shouldn’t be  a hard concept to grasp if it’s presented with teeth not just “T&A” or rather “technical assistance and training.”

I hope these sisters win every dime they’re entitled to and that the public gets so sick of paying settlements for failures of their own officials that they decide to take a stand voluntarily against child abuse right where it counts– and that includes in the churches.   I’m saying this as a woman who reported to immediate family first (who were worse than useless initially), and my own pastor at the time, weeks later after another, similar, only worse incident occurred.  Both were in my home.  Both were with a toddler in the home at the time, a close witness, and both were while I was pregnant and involved me being thrown to the floor, straddled, slapped repeatedly IN THE FACE while being shouted at by this guy.

It got worse from there . . .. And as I have daughters, I am also seriously concerned (as we speak) about my own family member’s obsession with them, and manic need to keep me from having a real relationship with my own kids.  It’s known that there is incest in an involved family line (actually ,two involved family lines) as well, although it was not an allegation in our family law case.

Some churches may be decent, but many are hellish, and I mean that in the truest sense of the words.  Like batterers, they don’t come out drooling and spitting, but smooth and empathetic many times. On the inside, it’s pretty much like Jesus said — whited sepulchers.  And maybe for some, ignorantly. . . . . .    Let’s put it this way — what those sisters said is entirely credible (as a possibility) based on my own awareness of this situation, and my own case history.  I know how it goes.

Just a reminder — the Jaycee Dugard case also came from the same town, Antioch.  

 

Malaika Fraley and the Contra Costa times should be commended for this reporting.  I intend to follow up when I’m less deeply affected by it, which doesn’t make for very good writing, here.

 

PART II

Over at Scranton Political Times recently, as more evidence that a GAL is recommending custody of little children be switched to fathers who injure mothers, or later get convicted of raping other minors, I have some more commentary — from today.  Others (who live in the area) have said that a recent man arrested for raping a teenager over many years, also had his own custody case involving both DV and child abuse; he got custody.  Search “Tunkhannock” or “Maurice Hunting” on the site, it’ll show up.  Meanwhile, I’m talking about Pennsylvania Coalition Against Domestic Violence and one of their subgrantees (who is in Scranton), the “Women’s Resource Center” — below.  Hopefullly there’s enough to chew on.  I discuss the HHS grants some as well (easier to view on the forum than below):  Notice all the earmarks:

http://scrantonpoliticaltimes.activeboard.com/f319624/main-message-board/

 dare you to scrutinize these grants:

Recipient Name City State ZIP Code County DUNS Number Sum of Awards
PENNSYLVANIA COALITION AGAINST DOMESTIC VIOLENCE  HARRISBURG PA 17112-2669 DAUPHIN 156527558 $ 40,196,794
PENNSYLVANIA COALITION AGAINST DOMESTIC VIOLENCE  HARRISBURG PA 17112-2669 DAUPHIN 166527558 $ 945,000

Like, grant 90XP0223 ($85K in 2008, $297K total, congressional earmark)

a training, education, and prevention institute on domestic violence and homicide prevention”

from “Washington Watch

Prevention, Education and Training Institute Project
$250,000

Sen. Robert P., Jr. Casey (PA) requests $250,000 for:
Pennsylvania Coalition Against Domestic Violence (PCADV)
Harrisburg, PA

“For the first time, USReps are required to publish their requested earmarks ONline”  Rep Holden D-17 requested $377 for this:

PRESS RELEASE on creating this institute, with Case & Specter

A big one is the “National Resource Center on DV” (marked “Discretionary” — most are).     $8 million over 5 years (HHS)

Since 2005:

Award Number: 90EV0353
Award Title: DEMO PROJECT FOR ENHANCING SERVICES FOR CHILDREN EXPOSED TO DV **
OPDIV: ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF)
Organization: FAMILY AND YOUTH SERVICES BUREAU (FYSB)
Award Class: DISCRETIONARY   ($350K so far)

**popular now, why not expand (note:  how could Penn State Univ have ever happened, Sandusky, with this giant communicator & trainer, PCADV in the same state, Harrisburg?)

They already have a “National Resource Center” which is primarily on-line links to publications (as far as I can tell).  But why stop a good thing?  So here’s $750K or so more, do start up another one:

Award Number: U1VCE324010
Award Title: NATIONAL ON-LINE RESOURCE CENTER FOR VIOLENCE AGAINST WOMEN
OPDIV: CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC)
Organization: NATIONAL CENTER FOR INJURY PREVENTION AND CONTROL (NCIPC)
Award Class: COOPERATIVE AGREEMENT

( $728K since 2007, small so far).

Goal of the National Resource Center (since 1994):

“To change belief systems and practices that support violence and abuse that disproportionately affects women, and other marginalized people, the DVAP recognizes and promotes the participation of the entire community in building social intolerance towards domestic violence…”

National Resource Center on Domestic Violence

Flowchart — interesting:

FlowChart.jpg

Here’s a profile from a group that tracks nonprofit salaries, revenues, etc (EERI), up through 2004.   Its contributions and its revenues are about equal (??), and ca. $26 million (see bar chart).  SO WHAT IS IT SELLING?

TAX RETURN 2009 shows one of its purposes  (#3) “To expose the roots of domestic violence in the institutionalized subservience of women in this culture.

Who Messed with my Message? DNK, but here’s the rest of it…

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Huffington Post does moderate its comments and has been caught censoring some from protective mothers (long ago, it was circulated).  I was responding to Ms. Stevenson’s commentary on recent legislation affecting the Americans with Disability Act (2008 revs, which clarified it after previous interpretations so narrowed the act as to exclude many disabled, including the war-disabled by PTSD).

I quoted a piece from Courthouse News (12/2011) which predated some MSM commentary on the Pentagon misdiagnosing veterans with PTSD to avoid paying for help.  Thanks a lot, they just survived a warzone and are coming back messed up, but that being messed up wasn’t from war, it was really just a “personality disorder.”

For anyone who’s come out of abuse (the frying pan) and landed in a custody contest (the fire), this sounds REAL familiar.  Hopefully my blog here is “off-road” enough no key-logger or anyother stranger will feel the need to play games with it while I put out this message, again, continued from comments section at Huffington Post, re:  Corporate Lobbyists waging war on the Disabled

“Comment continued @ blog (http://wp.me/psBXH-14M) I think this is vital information”

(see last post).  I was adding a comment to direct to here, and while typing, half the post disappeared (without keyboard contact on my part.  That’s PROBABLY what I get for comparing war to domestic violence, and the Pentagon’s handling of vets to the family law systems’ handling of “DV-Vets,” and following up with a recommendation we get the next President to RESCIND the faith-based Executive Orders from 1/29/2001 (first two issued by George Bush in a  possibly stolen election) and then posting how six sisters in California are suing CPS and the church which covered up YEARS of sexual abuse by their biological parents.

Some of us have been in this “reporting coverup of abuse by major US institutions” long enough that the hacking thing just happens, and it happens in reference (apparently) to specific topics  I also note that the US DODNetwork has been on my site a little more than I’m comfortable with.

The top half was deleted, but there’s the conclusion I come to.  Really, the problem is that U.S. Citizens have tolerated too much institutional abuse already, starting with the income tax and private banking, proceeding quickly to destroying the currency and forbidding people to accumulate private gold for (decades), and so forth.  Basically wars are about Private Greed anyhow (see the book of James for some pontification (:   on that).

_ _ _ _ _ _ _ _

1A. The Pentagon tried to dump its responsibility to its own vets on others by misdiagnosing PTSD as nonreimbursable PD (personality disorder), meaning someone else has to pay, or they can just stay injured. It did this to over 22,000 vets since 2001…

2A. The family law system (Conciliation Courts) tries to dump its responsibility to citizens on the public at large by habitually misdiagnosing individual crimes (domestic violence, child abuse, stalking, kidnapping, etc.) as relationship, family matters, meaning someone else has to pay, or they can just stay injured. Since at least the mid-1990s it has this down to a system and is spitting out situations that involve crime scene cleanups.

2B. On 1/29/2001, GWBush issued his first two executive orders (http://tinyurl.com/6oozeww, & http://tinyurl.com/7e2dqss) = (yet) more faith-based involvement in: DOE, DOL, HHS & HUD. These were Presidential orders and had to be followed; they also need to be rescinded! Why? See “six sisters sue state officials for missing sex abuse.” http://tinyurl.com/7w93o92

For BMCC Day 1: Why VAWA, DV Groups Basically Can’t (Won’t?) Stop [Terroristic Threats, Murder, Assault, Battery, Stalking, False Imprisonment, Harrassment-- Child Molestation--or other Crimes]

with one comment

Why?

Well, I have one line of reasoning — that there is a family court around basically creates an immense loophole; any police officer anywhere can just about get out of arresting domestic violence perpetrators (they could anyway) by, when children exist, simply failing to arrest, and letting it land in the family venue.  Ditto with CPS.  But even if they didn’t, they still have immense discretion to simply not arrest.  If they DO arrest, the DA’s have immense discretion not to prosecute also.

WOMEN’s JUSTICE CENTER /CENTRO de JUSTICIA PARA MUJERES

Santa Rosa, California

(a site I quote below, and refer to often enough) I see has written an October 2011 letter to:

Dear Feminist Law Professors:

I’m a women’s rights advocate who has been working for the last 20 years in the exasperating struggle to end violence against women. I’m writing because we’re stumped, and we need your help.

My opinion:  these feminist law professors and women, in many respects,  have for over a decade completely ignored the role of the family courts, and their relationship to the criminal prosecution of (see title) real-time crimes play in simply invalidating domestic violence law, child abuse law, in fact most criminal laws of any sort for women who have given birth.   And women who give birth, aka MOTHERS, represents a significant portion of women against whom violence is routine.

In this current climate, and while that off-ramp from the criminal justice system (if the reporting and prosecution even gets there), it is next to impossible for these women to get free from an abuser – with children — and stay free unless HE simply chooses not to sue for custody or further bother her.  And, if there’s a Title IV-D child support order around, even if he doesn’t want to bother her, the county can and will go after that family and those kids anyhow.   That’s My take on it.  So I would not be asking a feminist law professor for help, based on the track record and under-reporting of this scandal.  And I’ve talked to some of them (including in my area).  However, this writer has a point:

The problem is this: Modern violence-against-women laws are in place throughout most of the U.S., as are crisis centers, hotlines, counselors, and shelters. But a critical piece is missing. We don’t have anywhere near adequate enforcement of the laws. Nor do women have any legal right to enforcement of the laws, nor any legal remedy or redress when police and prosecutors fail to enforce the laws.

As such, the laws are meaningless to us.  However, it takes a while — and sometimes costs a life — to recognize this.

. . . But the daunting and particular problem for women is that these absolute discretionary powers are in the hands of law enforcement agencies that are rife with anti-women biases, structures, and traditions. Violence-against-women cases are the cases these officials are most overwhelmingly prone to ignore, ditch, dismiss, under-investigate, under-prosecute, and give sundry other forms of disregard. This disparate impact and denial of equal protection is undermining all the other monumental efforts to end violence against women.

Despite all the high flying official rhetoric to the contrary, way too many police and prosecutors don’t want to do these cases. They know they don’t have to do these cases. They know a million ways to get rid of these cases. They know nobody can hold them to account. And the Supreme Court keeps driving this impunity deeper into the heart of American law. Not surprisingly, the violence against women rages on.

We can social work these cases endlessly, but when police and prosecutors don’t do their part and put the violent perpetrators in check, the perpetrators easily turn around and undo any stability and safety we and the women have attempted to secureThe freer she gets, the angrier he becomes. Without adequate law enforcement, victims of violence against women are doomed. And then they are double doomed by the void of any legal cause to hold unresponsive police and prosecutors to account. And then, all too often, she is dead

Notice that at the end of this eloquent (and I believe, truthful) letter, she refers to the “Judicial Ghetto of Family Law.”  It is this Ghetto that has to be addressed if “violence against women” is to stop.  To date, we are still the gender that produces children, gives birth to them, no matter how nurturing Dad is.  As such, this arena, that ghetto, ALSO has to be addressed, or as an obstacle to life itself for those in it, removed:

We urgently need your help. Not in the judicial ghetto of family law where victims of violence against women are too often shunted to fend for themselves.

Why NOT?  Why should women have to fend for themselves in a biased system  – because thats where it typically goes after any civil restraining order (see VAWA, below) is put in place.   Perhaps if there’d been more “feminist law professors” who’d gone through leaving DV AS MOTHERS, this might have been handled by now.  Not saying that it wasn’t a tough uphill battle to start with.  But we mothers are certainly not ballast in this journey; just treated like it in these circles!

But in criminal law where the state itself must take responsibility for securing justice for these heinous crimes. We can’t solve this problem without you.

As a first step, please pass this on to colleagues you think would most fervently fight to create a women’s right to justice. And then consider joining in yourself.

Thank you for your concern.

Marie De Santis, Director Women’s Justice Center Centro de Justicia para Mujeres

mariecdesantis@gmail.com www.justicewomen.org

We like to believe that criminal law always applies when crimes are committed (the title lists some of the crimes which comprise “Domestic violence” and “Child abuse” and characterize the lives of people who sometimes, after years enduring these things, end up dead, or paying their abuser, which is a form of institutionalized extortion).

BUT — when a case is labeled “high-conflict” or “custody dispute” of any sort, BY LAW (apparently) it comes under the jurisdiction of a different court — which is not a real court, it’s a business enterprise.  (See this blog.  See other NON-federally-supported blogs or articles.

For example get this (“johnnypumphandle, re:  Los Angeles “Public Benefit Corporations Supported by Taxpayers”   Not only ALL the people walking through the halls — but the real estate — the halls themselves, apparently are often part of this enterprise!  Why this never occurred to me before reading these matters, I don’t know.   The family court is in a separate building from the main (Criminal) courthouse in MANY towns and cities across the county.  That alone should have caught our attention.  Now (same general idea), they are building, sometimes, “Family Justice Centers” as part of a National Alliance movement (see “One-Stop Justice Shop” posts, mine).

I reviewed this material carefully before, it takes a while to sink in.  It will NOT sink in if all you see mentally is the visual of the building and its inhabitants.  In order to “See” straight, one needs to see and be willing to think in terms of corporations, tax returns, and cash flow.  And something relating the words “taxpayer” with “tax-exempt.”  As the site says:

 We have again reminded the IRS of the same scheme being perpetrated by the Private Corporation - Los Angeles County Courthouse Corporation - with the same bond guarantees by the law firm of O’Melveny & Myers. Taxpayers are still getting stiffed by this scam, since there is no accountability for the money and NO TAX FORMS HAVE EVER BEEN FILED!

Key in this EIN#

470942805

to This Charitable Search Site (for California) — and tell me why the Relationship Training Institute — which does business with and takes business FROM the court, evidently — is still marked “current” when no (zero, nada, zilch, nothing at all) has been filed (and uploaded) by this organization for the state of California as a charity -EVER; even though it’s filed with the IRS?  Is that cheating the citizens of California, or what?   Here they are (and here goes continuity in my post today):

Relationship Development and Domestic Violence Prevention, Training, and Consultation

The Relationship Training Institute (RTI) is a 501(c)(3) non-profit organization, established in 1986* by David B. Wexler, Ph.D. to provide training, consultation, treatment, and research in the field of relationship development and relationship enhancement.

Entity Number Date Filed Status Entity Name Agent for Service of Process
C2583174 05/17/2004* ACTIVE RELATIONSHIP TRAINING INSTITUTE DAVID B WEXLER

Because — in the 7 years (at least) it’s been operating in California, David B. Wexler, Ph.D.’s group has not bothered to file it’s (by law) annually required tax return with the state (NOTE — which provides the California Attorney General with a Schedule B showing names and addresses of contributors, and has to list government funding) and because the CA Corporations search site is so limited, I can’t see  from there OR its founding articles if this is a domestic (Ca originated) or “foreign” (out of state) corporation.   

On the other hand, the group California Coalition for Families and Children which incorporated in 2010 (per same site) — and is critical of the San Diego Family Court Practices — has twice received a “file your dues” letter, which you can search at the same charities link, above.  It has no EIN# because it hasn’t registered yet.

Entity Number Date Filed Status Entity Name Agent for Service of Process
C3284403 03/09/2010 ACTIVE CALIFORNIA COALITION FOR FAMILIES AND CHILDREN CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC – LAWYERS INCORPORATING SERVICE

I believe any group that calls itself a 501(c)3 (or “4″) should fulfil the requirements of it.  However, there seems a bit of favoritism (OR, This group has no bribe to pay — below the table — for the regulatory agencies, including the OAG?); Emad G. Tadros, Ph.D., checked out the suspicious credentials of a custody evaluator, discovered a custody Mill (plus that a house cat got a diploma from the same place) and put up a website about all this, plus filed a suit, which was simply the right thing to do.  In retaliation for challenging the right of the courts to continue their fraud up on the public he was fined $86K in fees, and an attempt has been made at obtaining interest, too.   Apparently, this group has not cut a deal with anyone, and so the OAG WILL go after their nonprofit status.  Here’s the link to “San Diego Court Corruption.”

So, as to The Relationship Training Institute, I guess not filing with the state is “close enough for jazz The Office of Attorney General.”  And also close enough for an NIMH sponsored grant on Domestic Violence in the Navy, too.  If our Navy was run this waywe’d be losing a lot more wars.

RTI offers an on-going series of informative workshops and state-of-the-art training programs for mental health professionals and for the public, bringing innovative leaders and teachers to the San Diego community. RTI staff also travel throughout the world training professionals in the treatment models that we have been developing and publishing for over 25 years

So, don’t try to tell me the courts and attorney general are unaware — see its website, and see the detail on its charitable registration.  A letter has been sent to this charity, and its site claims it’s approved by the Judicial Council of California to provide CLE credits for its trainings!

(the logos of approving organizations).

Approving Organizations

APA American Psychological AssociationWDCA Board of Behavioral SciencesBRN Board of Registered Nursing     CATC Certified Addictions Treatment CounselorJudicial Council of California Administrative Office of the CourtsNAADAC Association for Addiction ProfessionalsNBCC National Board for Certified CounselorsNevada Attorney General

By the way, Dr. Wexler is listed under another one, IABMCP or something:

David B. Wexler , Ph.D., Diplomate IABMCP
Director, Relationship Training Institute, San Diego, California

International Academy of Behavioral Medicine, Counseling and Psychotherapy  (group registered in Dallas, TX in 1979, EIN has 11 numbers # 17523304719.  Usually it’s 9 or 12):

Name Taxpayer ID# Zip
INTERNATIONAL ACADEMY OF BEHAVIORAL MEDICINE COUNS 17523304719 75225

The actual EIN# is 751726710 and it’s registered in Colorado as a 501(c)6 ” Business leagues, chambers of commerce, real estate boards, etc. formed to improve conditions..”  It has a tiny budget and apparently exists to distribute a newsletter, per 990 (2010 ruling.), registered as a foreign nonprofit (citing the Texas org.) since 1999 and apparently is filing its reports in Colorado OK.

2010  751726710 International Academy of Behavioral Medicine Counseling and Psychother CO 1980 06 31,455 1,402 990

Dr. Wexler anyhow, is on its Advisory Council, along with a long list of mostly but not all male personages, including Deepak Chopra…

I also note that this domestic violence training is very man-friendly…  But RTI is apparently the group that does the trainings OUTSIDE the courthouse, which makes them part of the personnel bill.  The earlier article was about who pays rents on the real estate, who owns the real estate, of the courthouses themselves?  Reading on:

August 25, 2001 – Los Angeles County Courthouse Corporation and others. e.g. Los Angeles County Law Enforcement-Public Facilities Corporation and (too many to name or to discover). The Crusaders think that there are over a dozen of these ‘Public Benefit’ Corporations hiding in LA County. If you are aware of any of the others, drop us a line.

These companies are established as Tax exempt ‘charitable trusts’ under the Federal Statute – 501(c)(4)They direct millions of dollars but are basically unaudited. The Los Angeles County Courthouse Corporation (LACCC), for example, controls projects for $632 million, but as yet has not registered with the California Department of Corporations even though they have issued outstanding securities for this amount.

They have established trust agreements with banks, lease and leaseback agreements with developers, securities agreements with underwriters, legal assistance from high powered law firms, yet they have no employees. All work is done ‘outside’ on authorization from an officer of the Company. e.g. bills are paid, rents are collected, legal services are performed by outsiders through agreements. As an exampleO’Melveny & Myers pays the fees for this Corporation.

Is this a donation? Somehow, I think O’Melveny & Myers are not providing legal services for free.

The company has offices in the LA County facilities, claims no employees, but has all of its utilities, telephone, rent, etc. paid by the County.

Who answers the phone? A county employee, doing ‘part time’ work but receiving no pay. At least the Corporation claims to have no employees.

How are bills paid? We have a letter to Henry P. Eng, an auditor , who is told that he will receive a check for $4,730 and a like amount will be charged to the rent due to the corporation in order to balance the books. You see, the Corporation has issued bonds (Certificates of Participation) recently for $115 Million to build the Antelope Valley Courthouse. The Banc of America and four other underwriters have guaranteed the purchase of all of these certificates.

So WHY do I make those claims in the Title of this post today?   Well, for one, I research TAGGS grants, and read conference brochures, and pay attention to what groups do – -and don’t — report on, including the various elephants in the room…  

I’m not the only one, either, questioning what VAWA is for, except to inspire a lot of anti-feminist backlash, give Fathers & Families (GlennSacks hounds) something to complain about, and a source of funds to set up websites and conferences (ad nauseam) to perpetuate the illusion that whatever a civil — or even criminal — domestic violence action DOES, Family Courts will not quickly UNDO, even if neither parent  asks them to!

You might want to look at this article:

VAWA Critique
In Which a Little-Known Legal Brief Plows into Hallowed Terrain

I almost felt like a traitor (though I was sure in my opinion) with this round of requests I write someone to reauthorize VAWA.  WHY? I thought.  I already know who’s collaborating with these other courts.  Well, another (non-federally funded, intentionally so) site – I like this site, too — explains:

Ever since the U.S. Violence Against Women Act (VAWA) was passed in 1994, women’s advocates have rallied again and again to assure that VAWA stays authorized and funded. The steady torrent of threats against the act from antagonist men’s groups has left advocates with little inclination to question whether VAWA is truly delivering what’s needed to end the violence and secure justice for women. But a little-disseminated legal brief we came across recently rips along the fault lines and suggests that giving VAWA a thorough critique may be one of the most important steps we should be taking to advance the struggle.

“The legal brief, signed by a dozen domestic violence scholars from around the country and submitted in 2007 to the Inter-American Human Rights Commission, emphatically makes the case that VAWA not only is failing to protect women, but that this failure is rooted in fundamental flaws in VAWA’s structure and administration. “VAWA is a limited remedy,” the document states, “That fails to protect women or to discharge the United State’s obligations under international law.”

(it’s going to talk about the Jessica Gonzales case, and the IACHR. However, NO — I say that these DV scholars have simply fallen asleep at the switch, or decided to look the other way, to keep their publications, etc. coming.   )

In summarizing their analysis, the brief states, “VAWA fails to accomplish four crucial things: 1) It does not provide any remedy when abuser’s or police officer’s violate victims’ rights, 2) it does not require participation of all states or monitor their progress, 3) it does not fully or adequately fund all the services that are needed, 4) it does not require states to pass or strengthen legislation around civil protective orders or the housing rights of domestic violence victims.” . . .

VAWA: “primarily a source of grants” which has not reduced domestic violence

The brief goes on to characterize VAWA as “primarily a source of grants” with non-binding terms, voluntary participation, unmonitored compliance, and which mandates nothing. And the funding is paltry. According to the brief, in 2007, the median total of VAWA grants to individual states was 4.5 million dollars. That’s less than the cost of one wing of a fighter jet allotted per state to combat violence against women.

If the core of this brief is accurate, despite the services VAWA has provided to tens of thousands of women, the message VAWA delivers to law enforcement and other public officials throughout America is disastrous. ‘You can prevent, investigate, and punish violence against women – if you feel like it. But if you’d rather not, don’t worry about it. VAWA doesn’t mandate that you do anything. And if women are upset by that, rest assured, VAWA and the courts have also made sure there’s not a darn thing women can do about it to hold you to account.

Most troubling of all, the brief finds that in the time from VAWA’s passage in 1994 to 2007 when the brief was filed, VAWA has not reduced domestic violence in the U.S., despite the U.S. government’s claims to the contrary. As stated in the brief, “Since the passage of VAWA, domestic violence rates have not been reduced in proportion to other violent crimes

This site writes their rationale:

And perhaps worse, these fundamental flaws in VAWA are not even a matter of discussion, debate, or protest among frontline women’s advocates. It’s critical for progress in ending violence against women that that discussion begin.

which they analyze as, and I can see this:

The Tie that Binds

VAWA requires that shelters and rape crisis centers that receive VAWA funding must demonstrate their cooperation with their local law enforcement agencies.

Individual states that administer the VAWA grants have implemented this requirement in various ways. But typically the shelters and crisis centers seeking VAWA grants must obtain signed operational agreements with their local law enforcement agencies. This has given law enforcement veto power over the survival of the violence against women centers, a controlling power law enforcement has not hesitated to use.

People should read this article — and a lot of this site, based in Sonoma County, California (wine country north of SF).  I notice that the Family Justice Alliance Center made sure to get a center into Sonoma County — and if I were going to donate to somewhere to stop violence (other than the time I’ve donated, here, and off-blog) it’d be to this group, responsible for the website:
Feel free to photocopy and distribute this information as long as you keep the credit and text intact.
Copyright © Marie De Santis
Women’s Justice Center,
www.justicewomen.com 

rdjustice@monitor.net

VAWA is a Federal Act of Congress first passed in 1994.  By Contrast (and to oppose its premises), the National Fatherhood Initiative is a NONPROFIT started by someone with close connections to HHS, and Washington, and now many legislators — and is not only still funded, but has permeated the structure and purpose of violence prevention, child welfare, and child abuse prevention  areas of goverment.  While VAWA (which at least went past Congress initially — the NFI did not) promotes one kind of training, NFI promotes the opposite theories.

Then the two groups get together, for example, The Greenbook Initiative and congratulation their federally-paid-behinds for being able to get along, while women continue to die after breeding and leaving abuse.  And etc.

The DOJ Defending Children Initiative:  even has an “Engaging Fathers” link:

The ILLUSION that there is protection for women and children through groups such as “Child Protection Services” is fatuous.  That’s not what they’re there for, apparently.  Nor, apparently, are the civil restraining order issuers (typically a domestic violence nonprofit of some sort, or possibly a parent might get one on his/her own) there to prosecute or punish any crime.

I heard this from a woman (grandparent) in an unidentified urban area, regarding her grandchildren’s being in the sole custody of an abusing father AFTER CPS and police had confirmed sodomy and forced copulation with the (young boy):

Hearsay #1:

There are no laws or penal codes against child abuse by a parent.  Child abuse by a parent comes under the Welfare and Institution Code (WIC).

The welfare and institution code does ONE thing — offers reunification services to the abuser.  The one and ony law mandated by legislators (in such cases) is reunification.

Since the theme is “reunification” (and really, let’s get honest — “supervised visitation” concept comes from this field, reunification), no family court has any interest in re-unifying a protective mother with her child once that child has been completely (and physically) “reunified” with the abuser father.  There are no fatherhood-promotion services for this (access/visitation concept is actually a fatherhood concept).  Supervised visitation with a sex offender (young) father and mother has resulted in child-rape INSIDE a supervised visitation facility in Trumbull County, Ohio, recently.  It has resulted in financial fraud on East and West Coast both (Genia Shockome/Karen Anderson of Amador County, PA), it has resulted in a child literally being supervised by a woman who had criminally sexually assaulted a DOG in Contra Costa County California courts (Welch v. Tippe), and — the commissioner? who made that order, as recommended by her court-crony, is I believe still on the bench — and has been, while we’re at it, on the Board of Kids’ Turn, too.  After all, it’s all about the “Kids” and what’s best for them, right?  How often do women whose children have been abused get put on supervised visitation for “alienating” the father by reporting — or allowing their kids to even report to someone else unsolicited, like a schoolteacher — real live criminal activity upon themselves?

Hearsay #2:

Child Protective Services labeled our case high-conflict which put it in custody court.  Neither the father or I had even mentioned divorce at the time.

This mother says she saw it on their report.  I’d like to see that report.  Assuming it’s true, this means that CPS knows quite well that they don’t have to prosecute anything against a parent when it comes to abuse of children; they can shunt it off to family court.

Hearsay #3 (to you — this is my case):

When my children were being stolen (abducted), and I was protesting on the basis of a valid court order giving me physical custody, an attempt was made to bring CPS in — although no abuse was being alleged!  When I pointed this out, the officers supervising the exchange — which I’d requested for personal safety — refused to enforce the court order, mocked me, and when I realized there was no recourse from this crew, I had to let my “ex-batterer” and the children’s father, drive off into the sunset with children I’d raised, and from this point forward (til today) not ONE single court order was consistently obeyed for more than a month, including visitation or phone contact with me, alternating holidays, or the children with the mother on mother’s day, all of which remained in the CUSTODY order.

In short, if I wasn’t going to voluntarily justify bringing on more (paid, public employee) professionals AFTER existing paid, public employee professionals simply refused to do their job (which I later learned — they don’t have to, even if not doing their job results in someone’s, or even three children’s, deaths.  See Castle Rock v. Gonzales).

Talk about “interlocking directorate” – - – - I also heard from a savvy investigator (mother) (noncustodial) in another state how that, literally, when a father is accused AND found guilty of abuse in one sector (for example, criminally, or child support services) this literally causes the father to be declared “incapacitated” or incompetent — making the child a “dependency” case.  The court that the mother then walks into is, in effect, a “dependency court.”  The state owns her child, and if she can’t ransom it back, too bad.  The ransom process is simply this:  the hearings go on, and on, and on and as much money is extracted from the mother, who WILL fight back, until she’s broke too, if not in spirit.  That’s the plan.  That’s not an anomaly or “burp” of the system — that IS the plan.

We have heard also of horrendous situations, and I’ve reported this, of dual electronic docketing.  (“Computerized or Con-puterized?”  Janet Phelan on Joseph Zernik reporting.  One week after she published the layperson’s explanation of this, he was picked up by police without cause and held).   We’ve heard of collected but intentionally not distributed child supportin the millions of $$ (Silva v. Garcetti (who was Los Angeles D.A., involving Richard Fine).    Even a brief look at what happened to Mr. Fine (besides getting incarcerated and disbarred) and how the California Legislature handled the fact that the entire judiciary was subject to bribery at the county level by payments to judges — from the county — in cases where — the county — was a party.  It retroactively granted immunity, and did this quickly, lest the entire judicial system get shut down.  (SBX-211) — that brief look should say, what we are dealing with is XX % crooks, and X% enablers or people who can’t themselves get out of the system because by participation, they’d be prosecuted too.  Talk about “gangs” . . . that’s a Gang.  Sometimes deals go between one jurisdiction and another, making them a little harder to catch (Gregory Pentoney)

Two other things which I’ve heard of from a non-BMCC “let’s ask the expert source” in recent times — and again, I present this as Hearsay, but it’s entirely in character for the venue — of more than one physical case file being kept.  One is shown to the litigant when she can afford it (which ain’t always), or qualifies as low-income enough to be shown it.  The other is shown and hauled out when it comes to justifying program billing — that one or both parents may be totally unaware of, occurring in their case, under their or their kids’ social security #s, and in their name.

Again, my plan is to curtail posting on this blog (I believe I’ve “said my piece” on most major points) at the end of January, and get about other aspects of life.  Oh yes, and I signed the blog up for Twitter, which should curtail the length some, like by ca. (10,000 to 14,000) – 140 characters!

I realize that conversational style isn’t communication, yet the information is urgent to present and get out.  The “end of January” date was in honor of the BMCC conference, which I plan to comment on every day it’s in session.  Ideally, you will see one post a day from here til 1/31, however, some of the material does cause vicarious trauma to report, which may affect quality of post, or my getting one out on a certain day.  While I know what I know, from study, research observation, reflection, and synthesis, expressing it is another matter.

Also, the conversing with the material style is laborious, and takes hours.  Whereas in a personal conversation, say, by phone, with interaction, I know I could convey the key FAQs, overall, in 10 minutes or less, and tell people where to find more information, should they be motivated.

So here we go:

Some people I know are headed up again to the Battered Mothers Custody Conference IX in Albany, New York again this year, where the same basic information will be presented by experts, while mothers are welcome to participate from the floor and by adding their square to the quilt, by buying books which the presenters will be selling (last year’s hot-off-the-press available in softcover and at a discount – only $59 — for conference attendees) and donate, too.   This is addressed to mothers who are probably being fleeced in the courts, have tortuous situations to handle, and some are paying child support to their child’s or their abuser, which is why they pull it together to come to this conference, seeking help and answers — from the experts.

One difference — a positive one — THIS year is the attendance of Dr. Phyllis Chesler, who also will be selling her newly revised “Mothers on Trial”  which I know incorporates some new stories, and I plan to order it on-line.

However, I also know that it’s not about to contain the information on this blog, on NAFCJ.net, or much on the AFCC, Welfare Reform (1996), and the role of the Child Support $4 billion industry in prolonging custody conflicts, for profit.  However, it will be a new presenter, and an experienced feminist who I’ll bet is not afraid to address some of the issues of Gender Apartheid (which also results in “Battered Mothers”) in front of this audience, and on which she is an expert.  Perhaps she will — as I don’t think others have — bring up the impact of religion on this situation in the family courts.  It’s there – -not talking about it would hardly make sense.

At the  bottom of this post, I am going to list the Presenters, and brief comments or links on the ones I know.  The ones I don’t, I’ll look up.  Perhaps in the next post (as this one expanded into handling a few other items).

And in this post, I’m going to charge pretty hard into the entire concept behind this conference, as I did last January, afterwards.

NB:  I attended one conference in all its years, but primarily to meet mothers I’d been blogging with; I’d already realized that it was a marketing conference.  That’s responsible behavior for people shelling out travel, hotel, and conference fees, not to mention in general.  You find out who’s saying what and evaluate it.

The Title of this year’s conference is apparently “IS WHAT WE’RE DOING WORKING”?

HUH?

 

  • We who?  (Mo Hannah, Barry Goldstein, et al.?)

  • Working for whom?*

  • Define “working” — what’s the goal here?  (Sales, Self-Promotion, Shaping Distressed Mothers’ Perceptions?)

Ask a foolish question, you will get a very foolish answer.  Act on those answers and you become a fool.  A sucker is born every minute, and I regret every minute of my own “suckerhood” which listened to domestic violence rhetoric for too long, and didn’t think to GO CHECK TAX RETURNS AND NONPROFIT FILINGS FIRST, which might’ve had a different result.  

That’s why I believe that it’s the “experts” that should be sitting around the tables in the conference and taking notes, and the women themselves that should be up on stage giving testimony, ideas — and controlling the microphones.  Then some of the questions they have might get some answers, through collective wisdom, as women tend to do — when not co-opted into the hierarchical model of relating to each other which is more characteristic of males, and of this society we live in.

The structure of this type of conference is didactic — from presenter to participant.  They are the dispensers of wisdom, women & mothers attending, the recipients.  Go forth and deliver the expert wisdom to your areas, (seek to hire us as expert witnesses in your court cases) and if it doesn’t work — next year we are going to do the same basic routine anyhow, and your feedback will NOT be front and center, if it is allowed at all.

Seriously — that’s how it goes.  And anyone with a child in a custody case has a ticking clock, if not time bomb, which is running.  We do not have time to beat around the bush and fail to address things in PRIORITY order.

So anyhow, “is what we (?) are doing working?”

Somehow this is going to be stretched out into a weekend’s worth of material?  Is there a better question to ask, such as — what can we do to either clean up or shut down the family law courts if they refuse to clean themselves out, which is unlikely?  How many experts does it take to distract a mother’s attention from who is paying her abuser and the judges that gave that kid to the abuser?  Why doesn’t this conference ever bring up child support, welfare reform, or mathematical issues, such as economics?

Or, for that matters, why are not the people who experienced abuse considered THE experts, and why are the true experts (the battered mothers) not as informed as the presenting experts on things that others figured out over 15 years ago in this field?

This is, among other things, a marketing conference, and a chance for women to sit with each other and have company in their distress.  It is NOT a place for them to actually reform the courts, or learn the most direct possible ways (if any ways are possible) to get their children back, or a crooked judge off their case.  That I can tell.

*A comment on the site says women can contribute to a quilt for missing children.   (Which somehow reminds me of a church situation — you may attend, women:  Here — serve some cookies,  greet perhaps, and of course work child care, the sermon and other important things will be piped in from our (male) minister).  . . . . now, there are presenters who are mothers on the platform, some of who I know by name, and I know those mothers are not about to rock the boat — by reporting on what you’ll find here, NAFCJ.net, Cindy Ross, Richard Fine (Emil Tadros either, for that matter) and other places.   Somehow that information isn’t worth informing Moms of, which results in Uninformed Moms, wondering why things aren’t changing.

You see, professionals (and I was one in one or two fields) know they’re not expert in other fields and so tend to defer to people presenting as the experts in a different field.  This works REAL well when mothers in panic, danger, or serious trauma go for help to DV experts who are hired (or volunteered) with agencies which do not themselves see fit to look at the larger picture AND TELL THE MOMS ABOUT IT.

Moreover, once a case — or person — moves out of their area of “expertise” — meaning, case in point for mothers, into the family law system — it becomes “not my problem” and they can, I suppose, somehow sleep with themselves at night (those who actually have functional consciences) without drugs or sedatives, by saying – it’s out of my hands now, I did my part!

Ay, there’s the rub.  It’s a win-win for the civil restraining order (DV agency) field AND for the Family Law Field, because no one “out-ed” either field’s collaboration and centralization over the years.  No one has done this much to date  because so few people follow the funding, particularly experts protesting “Child abuse, Domestic Violence” and so forth.

RE:  “IS What We’re Doing Working”

Here’s a short answer:   “ExcUUse me?   You  * #$!- ing (kidding) me, right?”

Slightly Longer answer, Fresh kill, two children (10 & 14) into someone else’s care (foster?  relatives?)  this week in California.  The woman showed up, obediently, for a family court hearing, and was murdered in cold blood, in her car.

Authorities say the man shot his wife, gave chase to police, then shot himself; they were scheduled to appear in family court for a hearing

BY JOHN ASBURY AND KEVIN PEARSON

STAFF WRITERS

kpearson@pe.com | jasbury@pe.com

Published: 04 January 2012 08:42 AM

A man at the Hemet courthouse for a child-support hearing calmly walked up to his wife’s car and fired two fatal shots, then led police on a car chase before killing himself Wednesday morning, according to witnesses and police

. . . .

Costales had no criminal record in Riverside County, and the couple had no history of domestic violence with each other, nor was there a restraining order in the case. However, Costales was accused of domestic violence in a previous divorce.

The two children now aged 10 and 14, we don’t know who their biological mother was –whether the woman slumped over in her car that day, or the former Ms. Costales:  However, they were born (do the math, see article) prior to this marriage:  2012 January minus ten, minus fourteen years.  Mr. Costales prior marriage had mutual restraining orders as of the year 2000.

‘A HORRIBLE SIGHT’

Kimberly Jones, 45, of Hemet, said she was in her car when she heard the first gunshot, which she thought was a firecracker. She looked back to see Schulz back away quickly.

Jones ducked as additional shots were fired, then ran over to find Schulz bleeding and slumped over in the driver’s seat. Jones, who is a nurse, said she tried to resuscitate the woman in the parking lot as Costales casually walked back to his car.

. . . She moved out, not him….

Schulz told the court in September that she was unemployed and receiving $550 in monthly aid. She asked for Costales to be required to make child and spousal payments and to make payments on their Honda Pilot until she could afford to get her own vehicle.

“I need hearing because of no income but aid,” Schulz wrote in court documents. “Living on my brother’s couch, looking for work daily, been unsuccessful. Children need their own home and stability.”

The age difference:  Him vs. Her — was 17 years.  We don’t know this situation, but here’s a woman who never apparently even SAID “domestic violence” — and yet still died asking for something reasonable.  Did she bring children into the relationship (was he their father?).  Did he seek a needy woman with children to make up for loss of his first wife and two sons (now adults)?

Do second wives EVER believe the record on the first wives’ court docket?

I went to look this one up at the Riverside Court, but found out that it’s not even free to view the images, and in doing so, they will know who is looking.  So much for public oversight from a safe distance!

Police closed off a portion of the courthouse parking lot, stranding about 50 people who were unable to get to their cars to leave, but the courthouse remained open. The Hemet branch of the Riverside County courts handles family law cases in addition to civil, small claims and traffic issues.

Why did she leave?  Who knows?  Was this unreported violence, nonsupport, or what?  Where are the children going to live now?  Who HAS them now?

This was a TANF case.  She was on aid — that means that only if there has been violence, or some severe extenuating systems, is she allowed some sort of diversion away from seeking child support from the father.  The county wants its programs funded.  If “aid” goes out, the County controls the collection of child support.  This was likely an administrative hearing – there seems not to be any discussion over custody or visitation.    This woman didn’t know, and now never will, what receiving welfare from anywhere in California puts one at risk of.  Had it not ended this way, it might have stretched out for years in the courts as well.

Suppose this man had not been just Mr. Costales, but Mr. DeKraii, and been in a real bad mood that day?  Who else might have died?

Hence, we have to re-think this phrase:  “Clear and Present Danger.”  It has 3 usages.

1.  In the law, unless it’s been rescinded by now — in California, a Batterer is a “Clear and present danger to the mental and physical health of the citizens of California.”  If one continues reading the law, they then talk about something like a task force at the District Attorney level.

2.  In Usage by AFCC,  “Lack of Resources” to the family courts is the “Clear and Present Danger.”

3.  I feel it’s safe to say now, clearly, and quite presently, that “the family courts are a clear and present danger to the citizens (not just parents) of the state of California.”

So much for the domestic violence industry.  It doesn’t hold water once it’s in “conciliation court.”  They just forgot to tell the mothers this, evidently.

I fully realize that’s “heresy” (but the courts themselves are based on psychological theory and clear intent to undermine the meaning of criminal law and drive business to therapists, etc.) but anyone concerned about my POST-battering relationship, POST-family law custody matters (like we say, it goes, so long as minors and two parties are all alive, until the children reach majority) — I have no criminal record and no criminal intents either.  I showed up to court hearings no matter how scared I was, and was forced to sit at the table with my ex, and from this close range, somehow “negotiate.”

People want to “reform” Family Court.  That’s crazy thinking.  It doesn’t account for the roadkill.

Although I can’t blame the average citizen, who thinks that his /her taxes are going to support something noble or good when it pays these salaries for family courts throughout the land, and more.  When the situation hits them, personally (evidence is that not all close relatives or friends figure it out, either), perhaps the 2 + 2 will = 4.    Who has it helped, and what’s the ratio of helped to roadkill, to children being tortured, children sent into foster care, parents experiencing MIA children, etc.?   That’s a system someone can supposedly MANAGE?

Here’s a summary, a post from long ago (about 1.5 years ago) which I’m amazed it still gets attention, and was today:

Toms River NJ femicide/suicide post-mortem concludes strangled DYFS worker should’ve hooked up with “agencies such as ourselves

I posted this on August 17, 2009

This detailed a murder/suicide which occurred FIVE HOURS after the man posted $1,500 bail and was released.  The woman did everything right — almost.  She didn’t leave her job and the area, she didn’t evidently know to insist that if this man was released, she be notified (nor was she, apparently) in fact, perhaps she didn’t have a fast enough learning curve to understand that once provoked by resistance, some men become extremely dangerous, at which point in time, it is imperative to stay alive — and anything short of ENSURING that is risky, even putting job retention ahead of it.
I then in the blog talk back to the various circus of people saying “it spiraled out of control” and so forth, essentially failing to analyze.  THEN I go back approximately 10 years and look at DV murders in that area and in NJ, compare it to the money spent to stop domestic violence, and have to ask, HUH?
There are a few things I noticed on the re-read of my older post, which I may get out later.  For example — that the Prosecutor quoted had been Presiding Family Law Judge, and it had been a civil restraining order.
Is it possible that this very system of civil restraining orders, although they jumpstart safety, are themselves a fail-safe, which still end up with dead bodies afterwards?  How sad – in that this young? woman wasn’t a mother yet, either- – she really could’ve possibly relocated.  It is easier for a single person who doesn’t have to deal with ongoing visitation, custody orders, the children’s change of schools, etc. — to locate, than a woman with children attached.  Not that it’s easy, but it would seem LEGALLY easier.  If she wants to go, they were not married, have no property in common — what could LEGALLY prevent her from leaving?
But it’s not that way when there is a family around, in the eyes of the state.
Meanwhile:  We have a 7500 word post here, and below are the listed (possibly not the latest list, but from the website) PRESENTERS at BMCC IX.
I have to go now, but will comment another time on those that I know of.   It is not an alpha list and I notice that Jennifer Collins (who is a young woman and associated with or running “Courageous Kids” — daughter of HOlly Collins) is on their twice.
Several of these people, I have personally and sometimes several times, talked to about why there is so little tracking of AFCC, fatherhood funding and other things, in their advocacy.
2012 PRESENTERS   Bios to be added shortly

Jennifer Collins

Carly Singer

Michael Bassett, J.D.

Carol Pennington

Liora Farkovitz

Lundy Bancroft- author

Barry Goldstein – author, former attorney

Joan Zorza  - DVLeap, doesn’t blog family law matters

Kathleen Russell*

— *of Center for Judicial Excellence.  Won’t report on AFCC, barely reports on fatherhood funding, but loves high profiles.  Not a mother.

Connie Valentine  (CPPA)

Karen Anderson  (CPPA and her case is detailed in Johnnypumpandle — but this crowd simply ain’t interested.)

Phyllis Chesler  

(if there were better company I’d try and get there this year, to meet her)

Gabby Davis

Loretta Fredericks

Loretta Fredericks in my opinion should not be allowed to present.  She should be put on the spot and have women fire questions about her.  Unfortunately, so few women know ANYTHING about MPDI, Duluth Abuse Intervention Programs, Battered Women’s Justice Project, how much TAGGS says the MPDI (etc.) got (HHS funding) — or the infamous collaboration with the AFCC in “Explicating Domestic Abuse in Custody” (or similar title) which was also public funding.   She also is featured in AFCC as a presenter, i.e., on the conference circuit?   Has she influenced them to understand abuse — or vice versa.  This situation (not her personally — we’ve never spoken) PERFECTLy represents what Liz Richards of NAFCJnet has correctly (my research validates this) calls a DV expert functioning as a “heat shield” for fatherhood providers.  They lend legitimacy where there is non.

Michele Jeker

Maralee Mclean

Angela Shelton

Wendy Murphy

Jennifer Hoult

Sandy Bromley

Renee Beeker  (advocates court watch)

Joshua Pampreen

Nancy Erickson

Karin Huffer

Jason Huffer

Crystal Huffer*

*Huffers talk about and help women deal with Legal Abuse Syndrome).

Holly Collins

Jennifer Collins

Zachary Collins

Garland Waller

**Collins and Waller are central to the conference and high-profile, I believe people know about them.

 

Dara Carlin*

*Formerly DV advocate from Hawaii, then it happened to her.  Didn’t notice that the legislator she was sure was on women’s side actually had close ties to a Fatherhood Commission in Hawaii (a What?).  This was how I learned about Fatherhood Commissions, actually.  She didn’t “Get” it.  Also hadn’t noticed that AFCC was presenting — in Hawaii — on PAS, etc.

Toby Kleinman

Linda Marie Sacks

(mentioned in my 2nd “About This Blog” — how to get to the Supreme COurt citing Dr. Phil, Oprah, and a Radio show onesself was interviewed on, thereby giving the rest of mothers protesting abuse a nice reputation for not being too bright.  Seriously!)

Rita Smith*  

(NCADV Leadership.  NCADV is atop the pile of statewide Coalitions Against Domestic Violence which are state-funded, although not too much funding.  It takes fees from these organizations and sells things, has conferences, etc. Was cited positively by Women in Fatherhood, Inc. which I find interesting …..)

Eileen King  (“Justice for Children” also I think on Linda Marie Sacks case, which Supreme Court refused to hear).

Mo Therese Hannah

(self-explanatory — and running the conference, with help It says from Ms. Miller.  I don’t recoqnize the other names).

Liliane Miller

Raquel Singh

Tammy Gagnon

Louise Monroe

Chrys Ballerano


Hopefully publishing this post won’t cost me what friends or colleagues remain (which is few anyhow), but I always am favorable to truth over friendship, when the latter compromises it and so much is at stake.  This conference, unless it exposes the operational structure, financing, and purposes of the entire family law business enterprise, can probably not help mothers win their court cases, u9nderstand the situation, and will redirect their activism towards asking for more task forces.  We just got this — and not one family law spokesperson on the last one (for Children Exposed to Domestic Violence).
Perhaps they all need a year off, and to go take a starter course from H&R Block, spend some time on their state corporate and charity websites, learn how to write a FOIA, WRITE some, and look at what comes up.  NOTE:  That’s not Rocket science, doesn’t require a Ph.D. and they won’t perish if they actually learn from sources, in tead of as interpreted through people who have things to sell.
I reserve judgment (any further judgment) until I find out who the other presenters are.  Meanwhile, say some prayers for the two children of Mr. Costales and his “estranged wife” he just murdered, while she was complying with a court order in order to have enough to live on after leaving him, this past week in Hemet California — which is in Southern, CA, Riverside County.

Substance-Poor, Repetition-Rich: Parsing ~ Parent Coordination ~ Rhetoric ~ and some Organizations..

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INTRO:

Overall, I seriously doubt that it’s possible to clean up or straighten up the family law system — at all, and I am utterly serious in saying this.  There is too much incentive for fraud, and too much need to “pay the mortgages” in the courthouses by ordering more services, and too little oversight and tracking of the funding.  There are too many public employees forming nonprofit corporations to franchise for-profit curricula (marriage, parent education, etc.) — in the old NonProfit/ForProfit combo.

There are too few tools in many states to track WHO is repeatedly forming corporations that go belly-up, only to have a partner or other person formerly on one board just go forth and from another one — in another state.   Many of these groups, as my last post showed, are membership organizations — membership is charged, conferences run, and we have some evidence from county payrolls or vouchers from court-connected professionals, that the public is billed to fund attendance at nonprofits whose ONE purpose is to expand their services.  Child support is one of the worst of these, but they come in all flavors.

Despite the bleak outlook — I still report and I am going to finish reporting on this field of Parent Coordination until it is CLEAR what the AFCC professionals’ intent is in establishing this field and, if possible, having it legitimized at the state level by establishing standards, or by mandate.

The Association for Family and Conciliation Courts runs many task forces at a time, as part of its strategic plan to expand (itself) and transform the “old” language of criminal law into more friendly-to-its-practitioners concepts.    One of them which they are taking VERY seriously in promoting — and I take VERY seriously in protesting — is Parenting Coordination.

Parents didn’t ask for this — it’s no grassroots movement, and from what I can tell how it’s been (1) advertised (2) pushed and (3) practiced — there’s no genuine NEED for it either.  For that matter, I see no historical record that parents as a sector (both male and female) asked for the family law system, either.

Why I’m addressing it — again:   

(1)

AFCC PROMOTED IT – NOT PARENTS.  NO REAL NEED EXISTED, and SERIOUS ISSUES & OBJECTIONS DID.  The LizLibrary lists a page of them, and towards the bottom, some legal opinions, too:

Parenting Coordination:  A Bad Idea

Here’s less than half the list — and so far I agree with ALL of them.  Thank you, Liz (Kates, the FL Family Law attorney, not Richards, of NAFCJ.net)
© 1996-2011 argate.net        frcp:

  • Parenting coordination is an inappropriate delegation of the judicial function
  • Parenting coordination is an impediment to court access
  • Parenting coordination is a denial of due process
  • Parenting coordination violates privacy
  • The parenting coordinator concept encroaches on family liberty interests
  • Parenting coordination represents arbitrary dictate by a person, in denigration of rule of law
  • Parenting coordination is a make-work role newly invented by psychology trade promotion groups
  • No studies indicate parenting coordinators make good decisions
  • No studies indicate parenting coordination improves families’ lives or child wellbeing.
  • Nothing qualifies a stranger to make family decisions for other people
  • Nothing qualifies a mental health professional to interpret a court order or legal document
  • Nothing qualifies a lawyer to play at being an unlicensed, unregulated therapist for hire
  • Nothing qualifies any third party to “fill in the gaps” in someone else’s contract
  • There is no definition of what constitutes a successful parenting coordination
  • Parenting coordination does not, in the long run, alleviate court docket congestion
  • It creates additional issues and leaves the door open for return trips to resolve them
  • Parenting coordination provides a new forum for squabbling over petty disputes
  • Parenting coordination is an additional expense that many can ill afford
  • Parenting coordination enables one parent to spend the other’s funds
  • Parenting coordination is time-consuming and tedious
  • Parenting coordination is not confidential
  • Parenting coordination constitutes continuous government discovery, 4th Amendment
  • Parenting coordination constitutes continuous discovery by each parent into the affairs of the other
  • Parenting coordination can never be “voluntary” because it implements unwanted court orders
  • Parenting coordinators demand that the parties sign “consents” that give up constitutional rights
  • Some have demanded that parties give up the right to go to court, contact police, or involve their lawyers
  • They are hired or appointed under shadow of the threat of court sanctions or loss of custody
  • They are agreed to by parties ignorant of the repercussions, in fear, out of funds, or overwhelmed
  • Parenting coordination does not result in increased family well-being
  • Parenting coordination does not make children happier, healthier, or better adjusted
  • Parenting coordination is not therapy but coercion backed by the state’s police power
  • Parenting coordinators tend to be hostile to, and at odds with attorney-client relationships
  • They align with GALs and other court appointees in a pretext of “focus on the children”
  • They encroach on parental-child relationships and decision-making
  • They undermine the parental authority children require for a sense of security and well-being
  • Instead of at least one authoritative parent, children have no authoritative parent
  • Petty tyrants place a premium on the perception of who is cooperating with them
  • Cooperation with the parenting coordinator is court-ordered and
  • They alone decide if a parent is “cooperating” with them

From the same page, a case “Parenting Coordinator Out of Control” — and I have to note that it’s an appeal from an order at the FL (presumably 20th) Circuit Court Level bearing Judge Hugh Starnes‘ name!

The Hon. Hugh Starnes showed up in yesterday’s post, where I was simply blogging an AFCC judge, and also his nonprofit in FL with the initials AFLP (logo on the post).  I also happen to know he was quite active in FL-AFCC Chapter establishment, which seemed to have the primary agenda of getting parenting coordination passed in Florida.  They have since succeeded, I believe, too.
Like I keep saying — sometime others will acknowledge — parenting coordinators are themselves pushy, and AFCC pushed Parenting Coordination, in fact they are one set of bullies when it comes to getting THEIR priorities into practice, then law – citing it’s already in practice anyhow.  This is primarily what AFCC does.  From the organization’s point of view, this is phrased as “innovative” and “helping” and “problem-solving.”  The problem is always the recalcitrant parents, and the UNFORTUNATE vestiges of separation of powers (legal/judicial/executive branch) and little details like confidentiality in a lawsuit, and legal restraints.  Here’s a link to Parentcoordination.com’s complaint about the legal limits part – and their plan of PC as an end-run around those limits!

“The Court’s parenting coordinator orders unconsitutionally delegate judicial power and violate due process… The Special Master Order’s requirement that Appellant pay for the parenting coordinators to whom she objects violates law and public policy… The Special Master Order requiring Appellant to waive her medical privilege violates her statutory and constitutional rights to privacy…”

AFCC could care less.  They DEMANDED it and are still finishing up trying to get this mandated in every single United State.

  •  Even the brother of the Marriage Promotion President, the “Family” family, George Bush — as Governor of Florida, Jeb Bush, FL (2004) had the sense to object based on sound principles.  A newly formed (probably for this purpose) chapter of AFCC strategized, lobbied, publicized, practiced, and finally managed to ram it through, over his veto.  It only slowed them down slightly.

June 18, 2004   

Ms. Glenda E. Hood Secretary of State Florida Department of State

By the authority vested in me as Governor of Florida, under the provisions of Article III, Section 8, of the Constitution of Florida, I do hereby withhold my approval of and transmit to you with my objections, Committee Substitute for Senate Bill 2640, enacted during the 36th session of the Legislature, convened under the Constitution of 1968, during the Regular Session of 2004, and entitled:

An act relating to Parenting Coordination. . .

Committee Substitute for Senate Bill 2640 authorizes courts to appoint a parenting coordinator when the court finds the parties have not implemented the court-ordered parenting plan, mediation has not been successful, and the court finds the appointment is in the best interest of the children involved.

  • He lists 5 objections, two of which clearly recognize that it in effect allows a parent coordinator to function as both judge and jury of parents’ or children’s rights, and one of which is that it fails to protect victims of domestic violence.   I also note from the language that it looks like a Committee (not the general legislature) attempted to have this substitute for an existing Senate Bill. . . . . 

(2)

  • The “Termini/Boyan Factor” — The People fixed on training parent coordinators have a terrible track record when it comes to staying incorporated(I found another one today — Seminars for Advanced Interdisciplinary Family Professionals, or “SAIF.”  Formed in 2006, it’s already behind in its filings, in the state of Indiana. And it appears that, again, a nonprofit/for-profit combo, originating not with litigants, but with the professionals, was set up to give (again) some family law attorneys the right to crow about their own parent coordination training seminars they helped run themselves.  By and large, that seems to be the situation in Indiana — which it seems New Hampshire liked a lot, too. Termini/Boyan are Georgia/Pennsylvania — but same general idea.

(3)

The language of “parent coordination” is impoverished and repetitive.  Here’s an example, from a family law attorney, a bona-fide certified one  (although the nonprofit membership she cites all over is anything but “bona-fide” when it comes to filing charitable returns in the home state!)

it’s even from an Amicus Brief (I THINK it got filed, although this isn’t the stamped version). Actually, this is where the title to my post came from:

CASE NO. C064475

SUPERIOR COURT CASE NO. 34-3009-80000359

IN THE COURT OF APPEAL FOR THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

__________________

RANDY RAND, ED.D. Plaintiff and Appellant, v. BOARD OF PSYCHOLOGY, Defendant and Respondent. __________________

BRIEF OF AMICUS CURIAE

ASSOCIATION OF CERTIFIED FAMILY LAW SPECIALISTS __________________

In the statute of authorities for this brief, bearing the name “Leslie Ellen Shear” and “Stephen Temko” (although the certificate of interested parties form bears the name Shear, and is dated 1/27/2011), after the legal and rules of court list, comes:

“Treatises, Law Reviews and Other Authorities” – and on reading it, I see it quotes, among others:

  • The nonprofit ACFLS (which she’s head of Amicus Brief Committee on, or was)
  • AFCC itself (at least twice)
  • A host of people, known to be AFCC professionals anyhow, for those who pay attention — such as Ahrons, Coates, Deutch, Greenberg, Kelly, and who knows about some of the others.  These quotations include those from the AFCC publication, Family Court Review (joint with “Hofstra Univ. School of Law”) and AFCC newsletters, etc.
  • Herself, like 3 times, in:
  • Shear (2008) In Search of Statutory Authority for Parenting Coordinator Orders in California: Using a Grass-roots, Hybrid Model Without an Enabling Statute 5 Journal of Child Custody 88…………………………………………..5, 18, 25  (cited on page 5, 18 & 25).

Note title — trying to legislate parenting coordination.  Another set of professionals tried to write “Kids Turn” into law around 2002, right? (see my “Kicking Salesmanship Up a Notch post.”) then-Governor Gray Davis (properly!) vetoed even the version of it put out which didn’t overtly say “Kids’ Turn” on its face.

So here’s a sample section of this Amicus:

On page 4, quoting AFCC person Greenberg (whose writing I also ran across) cites who came up with the idea, vaguely characterized as:

In 1994, the concept of parenting coordination was spawned by a concerned group of professionals in California and Colorado who realized that some high conflict families remained chronically mired in conflict and required something different. . . For these families, the traditional tried and true approaches to containing familial conflict such as litigation, mediation, forensics, and therapy had not worked. Thus, the concept of parenting coordination was conceived as a different and needed dispute resolution intervention.

(Tried and True?  Try Tried and found seriously wanting.  Don’t believe me?  Look here.  I’ve already mentioned the Seal Beach (CA) massacre enough times, so here’s one fresh off the press — like YESTERDAY, in Florida.  Actually, it seems there’s an acquiescent mother in this one, even after Dad murdered the son, the surviving children (including one witness to that) miss their Daddy.  They shouldn’t be supervised, but be able to go to events like church, sports, etc.  Sounds like perhaps this is a stepfather (or second family) situation here, judging by age of the children:

Dad accused of killing son wants custody rights to surviving kids; judge lets him have unsupervised contact (Orlando, Florida)

POSTED: 5:56 pm EST December 13, 2011
UPDATED: 6:45 pm EST December 13, 2011

ORLANDO, Fla. — A former Orlando police officeraccused of killing his son was back in court, arguing for custody rights to his other children. 

Timothy Davis Sr. won a victory of sorts Tuesday when ajudge granted him the ability to pick up his younger children from school, including his 9-year-old daughter who authorities said witnessed the killing.

The retired police officer is accused of shooting his son, 22-year-old Timothy Davis Jr., to death at their Apopka home in what he said was self-defense after his son attacked him, injuring his knee in October.

Here’s another involving 3 children, and a custody hearing, plus prior assaults on the child and wife.  Dad managed to get himself shot (to death) after apparently attacking a state trooper.  I do not call this ‘tried and true.”  This was an American military, married in Germany, but the divorce action  appears to be HERE. He also was Marine Corps.   Here’s one from Texas; 40 year old father, who apparently had custody? (or certainly unsupervised visitation), emails nude pictures of his 12 year old daughter.   This man was living with his mother who, thankfully, was honest enough to do something about her pervert son, although somehow the courts weren’t alert to this in custody decisions:

by KHOU.com staff

khou.com
Posted on December 8, 2011 at 8:58 PM

KATY, Texas – A 40-year-old father is facing charges for allegedly distributing nude photos of his 12-year-old daughter online.
According to court documents, the suspect was living with his daughter at his mother’s house in Katy when the offenses occurred.
Investigators said that in August of 2011, the suspect’s mother found emails sent from the suspect’s gmail account that contained nude images of children.   Some of those images were of the suspect’s daughter, the grandmother said.

Sorry to bring up this very unpleasant reality-check, but when in Amicus Brief a parent-coordinator pusher talks about previously tried methods that work — the definition of “works” or “tried and true” generally just means “tried, sometimes resulting in death, physical or sexual abuse of minors post-separation, or having minor children showing up in child pornography in father’s possession.”  All of these were from December 2011 news articles, only.

Keep these incidents for a point of reference while I quote from p.12, a whole chapter on how parent coordinators have such difficult parents to deal with, poor them:

III. Parenting Coordinators Work With the Most Difficult Family Court Population – Those Most Prone to Assert Grievances and Challenge Decisionmakers

… cases are usually referred to parenting coordination because they are chronically litigious and difficult to manage.** These parents have often had several attorneys, evaluators, and mediators — professional hopping and shopping is rampant. Their court files are thick with motions, court appearances, and allegations of wrongdoing by the parents.

Coates, Deutsch et al. (2004) Parenting Coordination for High-Conflict Families 42 Fam. Ct. Rev. 246, 252

**Difficult-to manage parents are the bread and butter of the family court.  They are the income producers.  Assigning them to parent coordination is yet one more source of income for the professionals, taken from either the parents, or (looks like there’s some effort to make even broke parents participate in this too — AFCC-CA has a workshop or presentation, on the 2012 hearing on this).

Perhaps the professionals in question should re-think the business of “managing parents” to start with.

So, the opening quote to this chapter is from two long-time AFCC professionals (Coates/Deutsch) in an AFCC publication?, although it’s only 2004, using an AFCC-originated concept and term, “high-conflict families” (although I hear Bill Eddy now says they are high-conflict individuals — see my post on “yet another AFCC wet dream.” and his High-conflict Institute….)

The child custody cases referred to parenting coordinators are the most complex, acrimonious, difficult and demanding cases. Most parents regain their perspective and bearings within two years of separation, and do not need this kind of intensive and ongoing service model. Parents who continue to re- turn to court with enforcement and modification requests after completing co- parenting educational programs,* and after a child custody evaluation are can- didates for parenting coordination,

* perhaps this speaks to the quality of the co-parenting educational programs, more than the parents.

* or perhaps they are pissed at being forced to take co-parenting classes to start with, not mentioning affected if they also have to pay.

Parents who need a PC intervention are typically a special group for whom the passage of time has not reduced the rage and angry behaviors of at least one if not both parents.

A casual dismissal of whether it’s just one — or both — parents here.  We KNOW that many of these cases — not just some — are in fact cases involving danger, abuse, and etc.   These cases do NOT belong in family court at all — but they are there because of greed of professionals, and because of the fatherhood movement (backlash to feminism) that incentivizes and insists that single motherhood is bad for kids.  For that matter, even if Mom remarries happily, it’s still supposedly bad for the world if biological father isn’t in his kids’ life.

In short — Ms. Shear and Mr. Temko (whoever drafted this) — are, with their colleagues — unable to literally distinguish between one parent and another when discussing “parents” in front of others who have some privilege (like a statutory justification) or grant to give them.

BUT — their own handbooks, and some appellate cases already involving parenting coordination, show clearly that they are QUITE able to distinguish one parent from another, and not only do, but literally plan how to, target mothers, specifically, for badmouthing and possible intervention in the form of getting the kids away from her.  (I have two links to parent coordination handbooks on this post, you can check them out.).

The 10–20% of parents who remain in entrenched and high conflict two to three years after separation/divorce are significantly more likely to have severe personality disorders and/or mental illness (Johnston & Roseby, 1997).

You can’t see it here, but on the pdf it shows:  in this quote, we have a triple-layer AFCC site.  I believe Johnston is probably Janet Johnston (AFCC Board, or was).  Kelly, (below) who’s being quoted in the section, if it’s Joan B. Kelly, has been called the “grande dame” of AFCC and mediation promotion in the family law courts.  She runs a Northern California Mediation Center, and obviously publishes too.   And Shear is AFCC.  So — if so — that represents:

AFCC Shear quotes AFCC Kelly quoting AFCC Johnston, as to parent coordination, which is an AFCC idea.  (this is FAR more common than most people — who are less obsessive about looking things up than me — realize.  I have labored through some pretty detailed writings (NYState) where when they ran out of ideas, they simply restated them, and I literally read ALL the footnotes too, most of which were “ibid.”   

Understanding the characteristics of parents with severe borderline, dependent, narcissistic, and antisocial personality disorders, why these parents react so strongly to rejection and loss, how the child is used in attempts to re-stabilize their functioning and punish the other parent, and how personality disorders are exacerbated by stress, conflict and the adversarial system will facilitate more effective work with these difficult clients.

Kelly (2008) Preparing for the Parenting Coordination Role: Training Needs for Mental Health and Legal Professionals 5 Journal of Child Custody 140,149-150

I don’t know how to state this clearly enough.  The difficulty any professional has — who by definition holds an option to quit the profession (which they chose) in dealing with a ‘difficult client” is no comparison with the difficulty of dealing — year after year thanks to policies — with an “ex” who has threatened to kidnap or kill, who has beaten one before, or who may be and/or has molested children, possibly one’s own (dep. on the case) before.   Suppose the shoe was on the other foot?  Again, if professionals don’t like the difficulty they have an option — find another line of work.

But thanks to their insistence on THIS line of work, i.e., at public AND private expense, and explicit danger to the communities — almost no parent — and I’m going to say mother, specifically– can actually get free from real criminals they’ve had children with, even when he’s already in jail.

I know of one case where the person has already done time in an unbelievably severe situation, and this mother/daughter who already went through hell — is being stalked again.  Until she’s safe, I’m not naming names, but once she is/they are, I will – because this case was high-profile and has been in the news.

One point of view is dealing with comfort, and potential burnout, in the performance of one’s duties that have internationally networked, federally-funded, county-judicial-level endorsed, and more — support groups.  The other is of staying alive, housed, and after that, functional and employed at all.

If one continues to read the Amicus, it continues to complain and blame.  The next quote by Shear is of Shear.  Here’s a little further on in the Amicus:

Parenting coordination is a very intrusive model, inserting state authority into the daily family lives of parents and children. With those intrusive powers comes a duty to exercise restraint, discretion and wisdom.

This work often creates the perfect storm. Parenting coordinators struggle to avoid being triangulated into the family’s conflicts.

Well, they triangulated themselves in there to start with, intentionally!   Which shows a lack of:   “restraint, discretion, and wisdom” per se.

From page 18 (“just one more”!) – This chapter complains that California hasn’t legislated parenting coordination by stipulation (i.e., authorizing it by force)  yet:

The only thing that is clear about appointment of parenting coordinators in California is that family courts are without jurisdiction to make them without a stipulation. Moreover, no published case has upheld orders resulting from a stipulated appointment of a parenting coordinator.

The quote from Greenberg in this Amicus acknowledges that professionals in California & Colorado (two hotspots of family law leadership; Center for Policy Research/Jessica Pearson et al. are in Denver) “spawned” the concept.  Or rather, it “was spawned” — we can’t name an individual father, so perhaps it was a sort of psychological gang-rape that produced the idea (just kidding).  Unlike “collaborative law” which actually names a father, “Stu Webb” out of MN. . ..      And that this began in the 1990s.

We are now in 2011.  Perhaps it’s time to admit that it’s a bad idea to start with; if even in California — where AFCC originated — they can’t get it into law!

The text continues — and understanding that I don’t know the underlying case, have not read the entire brief and am not an attorney, I’m to add a comment to the next section:

Of course, courts have no power to modify statutes. Statutes prescribe and proscribe what courts may do.

Damn right they do! On the other hand, has that really slowed down AFCC initiatives, has it?  I think there’s been a track record of resounding success, if getting around constitutional and statutory limits pending changing the statutes to accommodate more income streams to court-connected (or formerly court-connected, like retired judges) professionals… is what’s intended.

The California Constitution (art. VI, § 22) prohibits the delegation of judicial power except for the performance of subordinate judicial duties. A trial court lacks either statutory or inherent power to require the parties to bear the cost of a special master’s services, even where it may have the authority to make the appointment. (People v. Superior Court (Laff) (2001) 25 Cal.4th 703)

The Court of Appeal reversed trial court orders delegating authority over the visitation schedule to a child custody evaluator, requiring one of the parents to participate in psychotherapy and requiring that all future custody mat- ters be heard before the same bench officer in In re Marriage of Matthews (1980) 101 Cal.App.3d 811, 816–817 because there was no statutory authority supporting such a delegation.

Just GUESSING here, but perhaps if over a 21-year period (in one state), it’s still being stated that there are Constitutional limits on delegating Judicial power, and three years later the Governor of Florida (Jeb Bush) brings it up in a reason for vetoing a parent coordination stipulation — there just MIGHT be a good reason!   Parent Coordination is hardly an Occupy San Francisco (or anywhere else in California) grassroots protest or demand, is it, either?

We’re third generation fatherhood programs out here, we are also probably at least second-generation post-TANF (1996), post fatherhood (i.e., about 15-16 years since they passed), and perhaps– just perhaps — the last thing this state needs is more ideas originating from this nonprofit and all its collaborators in therapeutic jurisprudence great ideas.

Perhaps — just perhaps — it’s a good thing if constitutional and statutory limits on out-sourcing the judicial function mean something around here, for a change! Be content with what you got so far, as authorized by access/visitation (three categories of potential program fraud enabled) and all the marriage promotion money too, plus lots of the nonprofits — like ACFLS — not even bothering to report into the state Registry of Charitable Trusts (OAG) anyhow!

(REASON 4)

(4)

Moreover  – like most AFCC promotions — the language promoting parent coordination continues to refuse to think or talk in terms of legal rights to INDIVIDUALS as the Declaration of Independence asserted, which helped kickstart the USA, claims they are.   The language of parent coordination is continually pluralized, or group-talk.  It does not, really, acknowledge that a person could be a member of a family (like “parent” “father” or “mother”) and yet really have — and deserve — equal standing as an individual in any matter, before the law.

Here’s an example from ParentCoordinationCentral.com (Termini/Boyan site).  These are the supposed GOALS OF PARENT COORDINATION:

  1. Educate parents regarding the impact of their behaviors on their child(ren)’s development.

    [supports my thesis that AFCC members are often frustrated teachers.  They want to teach EVERYONE, and if people don't agree, they are clever about figuring out ways to force this, and be paid for it, too.]
  2. Reduce parental conflict through anger management, communication and conflict resolutions skills. 
    [increasing the expense of divorce, treating parents like kids, undermining judicial authority, & due process, and invading one's privacy sure will "reduce parental conflict"!! . .. And I haven't even got (this post anyhow) to the training manual which has an openly hostile attitude towards mothers, it's unbelievable).
  3. Decrease inappropriate parental behaviors to reduce stress for the child.
    [goes with AFCC goal of switching from a legally defined set of prohibited behaviors to an arbitrary, subjective, and personalized version of what is appropriate or inappropriate parental behavior.   Instead, how about just accept the basic definitions in the law, and as to court orders, compliance with them?]
  4. Work with parents in developing a detailed plan for issues such as discipline, decision-making, communication, etc.
     [Good Grief! -- Go have your own children, and raise them -- well.  Let's see what fine examples they are, then parents can judge FREELY whether Mr. , Ms. & Mrs. Parent Coordinators are competent to make these plans.  I mean -- the concept is ridiculous!  What about various cultures and family values, so long as they are not child abuse, domestic violence, or otherwise illegal?] [Even then it probably wouldn't be a comparable situation, because the psychologists involved with the court, and AFCC professionals can usually drum up plenty of high-paying business, whereas a lot of the parents they are dealing with probably, by the time they are on the scene, absolutely cannot.]
  5. Create a more relaxed home atmosphere allowing the child to  adjust more effectively with the new family structure.
    [You want to have a more relaxed home atmosphere with children/  Again, go have your own and show it to us.  Then we can, awestruck by your competence - - and if we want to -- copy it!]
  6. Collaborate with professionals involved with the family in order to offer coordinated service.
    [that's closer to the real reason for it -- more business referrals to colleagues]
  7. Monitor parental behaviors to ensure that parents are fulfilling their obligations to their child while complying with the  recommendations of the Court.
    [Children need due process, and they need an active, and respected Bill of Rights, for when they grow up.  One purpose of the Bill of Rights was to keep snoops out of one's private business, so long as that business didn't ramble over into the criminal arena.   It's called LIFE, LIBERTY and PURSUIT OF HAPPINESS.  How can one pursue anything with the thought police on one's heels?. . . . .
    Anyone who's trying to function as a parent coordinator, and talking about children's needs constantly (to justify it) apparently doesn't comprehend what long-term dedication to one's family AND country entails.  It entails respecting its laws.  I have before blogged an SF-area parent coordinator and family law attorney, who posted on his own site that the Constitution needs to be scrapped and rewritten, why revere it like Christians revere their Bible (guess he's not one, and doesn't understand how few Christians actually practice what's in their Bible -- or Constitution -- to start with...)]
  • The NH “Parent Coordinators” Association of 2009 “FAQs” suggest a benefit is:
  • Q. What are the benefits of Parenting Coordination?

Parenting Coordination offers a much better way of resolving parenting plan issues than returning to court. And the resolution comes much faster than waiting for a court date and then the court decision. The Parenting Coordinator educates the parents about the harm to the children of hostility between parents, mediates issues as they arise, and if the parents are unable to resolve minor issues, makes the decision.

As ever, when selling their services, AFCC professionals see themselves as the mature adults on the scene, and the parents as a “plural,” and refuse to assign responsibility where it’s perhaps due.  They seem to utterly lack curiosity in fact-finding as to that matter.  This is understandable, because they deal in “psychology” more than law– which is the culture of the association.  While two individual parents are often involved, in the marketing prose, it’s always “the parents” v. “the helping professionals”

However, once in the door, and in practice — then they are quick to blame ONE parent, often the mother, and recommend severe intervention, often removing of contact with the children to counter supposed “alienation.”   In other words, they are hypocrites — professing neutrality and to be helping, but planning in advance (in this case) to do harm to one gender — the female, should she as a parent (mother) counter them.

I blogged this earlier, but again (from the same site) — here is their “sample” report from the handbook:

Handbook

A handbook for the purpose and practice of parenting coordination prepared by PCANH.

 Parts of this were credited (fn1 inside) to “Families Moving Forward, Inc.” in Indiana.  This is a nonprofit formed in 2005, EIN# 432074631 with principal listed c/o “Gloria K. Mitchell.”

So of course I looked this person up — she is a Rising Star Super Attorney, member of National Association of Counsel for Children, and works in a four-woman firm.  The nonprofit, however, is categorized as “exempt — earning under $25,000).  website’s “Divorce and Parenting Research Links” is typical, plus a direct link to the Children’s Rights Council” (hover URL).  CRC is pretty big in Indiana…  Six years after passing the bar, Ms. Mitchell was on the Executive Committee of Family Law Section of Indiana Bar Assoc., and chaired it in 2005.   The articles of incorporation show it’s a 501(c)4 (not “3″) and by address its place of business is another law firm in Noblesville, Indiana:  Holt, Fleck & Romini.  If the image (showing org.’s purpose) doesn’t show, it’s viewable for free on the site below.

Entity Name Type Entity Type City / State
FAMILIES MOVING FORWARD, INC. Legal Non-Profit Domestic Corporation INDIANAPOLIS, IN

Gloria K. Mitchell, and the four attorneys in the law firm, 
Though only incorporated in winter (February) 2005, by summer (July) 2005,  Indiana, “Families Moving Forward”** already had a “Parent Coordination Committee” and presented the following report in this context:

Indiana Continuing Legal Education Forum

3rd Annual Family Law Summer Institute

and Family ICO Training Session July 28-29, 2005*

 *Note:  the Nonprofit to present this was incorporated 2/14/2005, in time for this, 3rd Annual Family Law Summer Institute agenda (see link) doesn’t show anything about parent coordination, although certainly it could’ve happened.  Law firm page for Ms. Mitchell notes that she was “Executive Committee of the “Family Law Section” 1994-2005 and its chair in 2004-2005.     So it would make sense that her nonprofit would have a good shot at presenting at that summer institute.
I note that at Ms. Mitchell’s office, one of her associates began as Parent Coordinator in 2006.
Another very smart attorney with stellar credits is Amy Stewart  (valedictorian of her law class) is president of this nonprofit (FMF):  notice also collaborative law emphasis, plus an AFCC affiliation.   In 1999 she had an article published on “Covenant Marriage:  Legislating Family Values”  Good summary of the issues of religiosity in marriage by a UK author, here  Actually, it’s a good summary and a timely read of marriage/divorce, and role of rising religiosity (UK/America) in the mix.
But it was a search for “Families Moving Forward, Inc.” that brought her name up.
Here’s Ms. Stewart’s bio (notice “Collaborative Law”); she works at Bingham McHale, LLP, a large firm with locations in 3 Indiana counties.  She is a partner.

Amy concentrates her practice in matrimonial and family law matters. She was one of the first Indiana attorneys trained  in collaborative law, and she has been instrumental in introducing the approach in Indiana. She has practiced collaborative law since 2007, has attended several conferences of the International Association of Collaborative Professionals,* and has been trained by collaborative law founder Stuart Webb. In addition, Amy also practices traditional litigation.   

*Readers probably may not remember, so I’ll remind us.  the “IACP” is another incarnation, membership association — out of many — formed by AFCC-type professionals, as you can see by the description:

iacp,collaborative law,collaborative practice,collaborative divorce,international academy of collaborative professionals

ACP is the International Academy of Collaborative Professionals, an international community of legal, mental health and financial professionals working in concert to create client-centered processes for resolving conflict.

I probably blogged it, too.  I remember looking up the various websites, corporate registrations, etc.   Here’s their About Us/History narrative.  I notice a good chunk of it (after inspiration by “Stu Webb” in MN) took form in the Northern California family court association nonprofit factor, aka the SF Bay Area, including Oakland (East Bay) and other well-known cities:

In May of 1999, the first annual AICP [=American Institute of Collaborative Professionals] networking forum was held in Oakland, California. The following year, a meeting was held in Chicago to discuss the state of Collaborative legal practice across the country. The nearly 50 practitioners who attended this meeting agreed that AICP should serve as the umbrella organization for our rapidly-growing movement. At the same time, they recognized that since Collaborative Practice was also developing exponentially across Canada, the organization needed a broader, more inclusive name and mission. Thus the International Academy of Collaborative Professionals was born in late 2000, officially changing its name in 2001.

The Collaborative Review has been published continuously since May, 1999. The work begun by initial editors Jennifer Jackson and Pauline Tesler. . . 

Jennifer Jackson (FYI, I’ve never met, spoken to, or dealt with her in court) is kind of branded in my mind as having helped start up Kids’ Turn (SF):

FYI — here is another Super Lawyer, high-profile, longstanding success.  Her “about” page lists many accomplishments. Notice which comes first; notice also the variety of terms which are basic to the field:  I’ll bold them:

About Jennifer Jackson

Before becoming a family lawyer in 1985, Jennifer Jackson was an illustrator and photographer, raising three children.

A LITTLE LOCAL COMMENTARY relating to this Super-Productive/Super Attorney and her many Nonprofits:  

I know artists, including photographers and illustrators.  It’s not that easy to make a living at; this speaks of either a good prior divorce settlement, (or not marrying) or some substantial education somewhere along the line, undergrad plus law school.  That’s quite a set of accomplishments, but I don’t think represents an indigence.  See Resume:

  • BA with Honors in 1966, became family lawyer (passed bar?)
  • 1985, with Professor’s Assistanceships (in law school) on child-related and mediation topics.  Maybe I can assume that almost 20 year gap is called “Mom” and “Wife” time.
  • In 1987, she helped found Kids’ Turn and was simultaneously involved in PTA Board at “Campolindo High School” where her kids probably attended.   Campolindo is — well, its site describes it well:

“Located in the hills east of the University of California, Berkeley, Campolindo serves the professionally-oriented and well-educated suburban communities of Moraga and Lafayette. Students, teachers and parents work together to provide a positive climate for learning where mutual respect, trust and esteem are valued. ” . . .”In statewide API (Academic Performance Index) ratings, for the fifth year in a row, both the Acalanes District and Campolindo are ranked in the very top percentiles of all public high schools in California with an API score of 919. Nationally, Campolindo is recognized regularly in Newsweek magazine as one of the “Best High Schools in America”.  The Association of Californa School Administrators honored Campolindo’s Principal, Carol Kitchens, as the Secondary Principal of the Year in 2009

This is my way — as is this demographics piechart** of saying, as fantastic as these achievements are for Ms. Jackson — something had her living (presumably) in Moraga around the time she passed the bar — and that’s a privileged community.   A neighboring one, Orinda, shows has a 2009 median household of $156K, and more than half the town earning that much, and the largest sector earning over $200K.
To get a general feel for housing in the area — this is my tactful way of saying that until the 1960s, some of these communities did not allow African-American housing loans, or greatly restricted them — read this thoughtful summary of Berkeley, including a lot on demographics and migration.
Essentially, people that might work as professors, or other high-paying jobs in SF or Berkeley (or even Oakland) would then leave those urban areas and commute straight past (on highways like as not) the dangerous and darker-skinned areas, right on back to the suburbs.  Just keep this in mind when someone from this area (however s/he got there) is all excited about helping poor kids, single mother or no single mother. And I don’t know specifically that Jennifer Jackson was; although no mention of a husband is made, or the children’s father.
(**scroll down to see race (total African Americans:  166, Hispanic, invisible — they are living elsewhere and working on the lawns and in the retail & domestic sectors no doubt (wikipedia, though, says 7% in 2010) — how few single parent households, and almost NO violent crime).  As of 2010, Moraga had a total population of 16,016 people.  As of the 2000 census, Moraga was the 79th wealthiest place in the US with a population above 10,000.   The median income for a household in the town is $98,080, and the median income for a family is $116,113. Males have a median income of $92,815 versus $51,296 for females.[almost 2:1!!] )

Blending this background of creativity, caring and flexibility with her legal training enhances her practice of family law and expands the options for her clients.

Jennifer believes that a lawyer must be actively involved in her professional community, and that life is about making a difference. Jennifer is one of the founders of Kids’ Turn, a program for separating families begun in San Francisco which has expanded exponentially in size and in quality of service to children and families.

(If you know my blog, you know EXACTLY why and how Kids’ Turn “expanded exponentially in size” — see family law attorneys, evaluators & judges on the board, see access/visitation funds “facilitating” parent education programs. . . . .As to the quality of service?  That’s debatable, but as I haven’t sat through any of the classes — except to note they use the word “parental alienation” a lot in stating benefits, i.e., “reduces parental alienation” type claims.  I’ll withhold judgment on this, as should others who haven’t  !!)

She is one of the founders of the International Academy of Collaborative Professionals and served for eight years as co-editor of its journal, The Collaborative Review. She has had leadership roles in her professional organizations at local, state national and international levels, and is a past president of the Northern California chapter of the American Academy of Matrimonial Lawyers.

Within five years of passing the bar, she is serving as a judge pro tem– how common is that? Or this?

Standing Committee on Custody, North: Chair 1988-1990

San Francisco Bar Association

Executive Committee, Family Law Section: Chair, 1992; Member: 1987-present
Fee Arbitration Panel: 1988-1990
Barristers Club, Co-Chair, Family Law Committee: 1988-1990
BASF Delegate to the State Bar Convention: 1989, 1990
Volunteer Legal Services Program Volunteer Attorney: 1986-2000  

[[This is almost another topic -- I've footnoted it [VLSP* at bottom of post, a section in itself....]

Expert: Temporary Restraining Order Clinic

Jennifer has been given an “AV” rating by Martindale-Hubbell and has been named one of the top 50 female lawyers (“Super Lawyers”) in Northern California in all areas of practice by Law and Politics Publications for the past five years in a row. Jennifer practices alternative dispute resolution exclusively; she has trained extensively in mediation and collaboration, and is committed to keeping clients out of court and at the negotiating table.

The IACP has created Standards for practitioners, trainers and collaborative practice trainings. It has promulgated Ethical Guidelines for Practitioners, and continues to support excellence in collaborative practice through resources, training curriculum, practice tools, mentoring and a comprehensive website, allowing collaborative practitioners to continue our tradition of sharing and learning from one another.

Where we are going…

Today, the IACP has over 4,000 members from twenty four countries around the world. We are dedicated to educating the public about the Collaborative alternative. We are committed to fostering professional excellence in conflict resolution through Collaborative Practice. We invite you to peruse this site to learn more about IACP, our services and initiatives.

Amy is the past-chair of the Family Law Section of the Indianapolis Bar Association (2003) and is president of Families Moving Forward, Inc., a multi-disciplinary non-profit organization devoted to developing healthy approaches to family transitions.. . .[Law Degree summa cum laude Indiana Univ. School of Law, 1999; admitted to IN bar same year, graduate "with high distinction" in 1986. ]

5 years of work and/or law school, and within 4 more years she’s charing the Family Law Section of Indianapolis (that’s one city, not the whole state’s) Bar Assocation.  What a nice nonprofit and what accomplished professionals, and how successful they are.  As such, we should believe what they say, especially as the nonprofit “Families Moving Forward, Inc.” is DEVOTED to a HEALTHY APPROACH to “Family transitions.” (typically called divorces or custody matters).
 ** a name in other states used for purposes such as helping with homelessness, or infants with fetal alcohol syndrome, other issues, here it’s referring to divorce:

FAMILIES MOVING FORWARD, INC., is an interdisciplinary organization of attorneys, mental health providers, accountants, and other professionals committed to improving the process of family transition in Indiana, by reducing conflict and cost, creating healthier outcomes for children, and enhancing the satisfaction of professionals serving families.

(However, notice the articles of incorporation say it’s there to serve the families as well as the professionals serving the families)
This report is on-line at “SAIF” where it probably was presented:

Seminars For Advanced Interdisciplinary Family Professionals


They have a form for the (many) professionals listed to say which district they want to be parent coordinator in — PC has its own tab.  (Strategic planning)
This For-Profit group incorporated as below in Indiana, with the address “9000 KEYSTONE CROSSING, STE 600, INDIANAPOLIS, IN 46240 (which is “HuirasLaw,”  Wm. E. Huiras, although the Registered Agent is another attorney, Robin Brown Neihaus (LinkedIn)

Date Name (Type)
7/27/2006 SEMINARS FOR ADVANCED INTERDISCIPLINARY FAMILY PROFESSIONALS, INC. D/B/A SAIF  (Assumed))
(the entity filed one report in 2008, file notes, it owes 2010/2011 – perhaps IN is only every 2 years).

Segments from the Indiana 2005 Sample PC report (handbook):

The sample report begins with a situation between father and stepfather which was hostile.  Both wanted to coach on Little (10) Joey’s baseball team.

Therapy for both TOGETHER is recommended:

5. Mr. Smith and Mr. Doe should attend counseling sessions together to attempt to resolve their(For example, the mother did not want the father to volunteer on Fridays at school any longer. She maintained that the children were emotional and upset on those mornings and did not want to go to school. The teachers were contacted and reported that the children looked forward to and enjoyed their father’s presence.

AFCC CLAIMS CREDIT FOR HAVING DEVELOPING PARENT COORDINATION:

From their 5-year prospectus:

AFCC Guidelines for Parenting Coordination

In 2003, AFCC President George Czutrin appointed a Task Force to develop Model Standards of Practice for Parenting Coordination, following the first Task Force on Parenting

Coordination that conducted research and published the 2003 Report on Parenting Coordination Implementation Issues. The Task Force determined that the Parenting Coordination process was too new to use the term “Model Standards” and, in May 2005, proposed to the Board of Directors the AFCC Guidelines for Parenting Coordination. The Guidelines passed unanimously and are available on the AFCC Web site at http://www.afccnet.org/resources/standards_practice.asp.

AFCC Parenting Coordination Task Force: Christie Coates, J.D., M.Ed. (Chair), Linda Fieldstone, M.Ed., (Secretary), Barbara Ann Bartlett, J.D., Robin Deutsch, Ph.D., Billie Lee Dunford-Jackson, J.D. , Philip Epstein, Q.C., Barbara Fidler, Ph.D., Jonathan Gould, Ph.D., Hon. William Jones (ret.), Joan Kelly, Ph.D., Matthew J. Sullivan, Ph.D., Robert N. Wistner, J.D

. . . .

The following new publications have been developed since 2002 while dated products were been eliminated:

• Parenting Coordination: Implementation Issues

There are scholarly articles galore about this.  One by matthew Sullivan, Ph.D. (and a parent coordinator) uses the phrase repeatedly in the abstract — but to access the article one-time costs $34 and permanently $155.  Needless to say, not many people who have parent coordinators in their lives can afford to read up on it….

“In 1994 the concept of parent coordination was spawned by a concerned group of professionals in California and Colorado who

WHILE PROMOTION EFFORTS TEND TO PHRASE PARENT COORDINATION PASSIVELY (as if a natural development), IN PRIVATE PUBLICATIONS, IT TAKES RESPONSIBILITY FOR THE PROMOTION OF THE FIELD:

AFCC STAYS FOCUSED ON IMPLEMENTING AND PROMOTING PARENT COORDINATION:

And I am going to show you what apparent frauds some of the prime “trainers” are in this field too.     But first, let’s look at the upcoming 2012 conference called:

The New Frontier

Exploring the Challenges and Possibilities of the Changed Landscape for Children and the Courts:

This is an upcoming (Feb. 2012) meeting of the California Chapter of the AFCC.  An entire day is dedicated to a workshop on Parenting Coordination, and a secondary one talks about how to get it in there — even if parents are indigent.

Here are the presenters’ bios (please scroll through).  Some are more than a page, others short.  Notice the types of professionals involved (typical), Judges, Attorneys and Psychologists, Mediators, etc.    Some have been around forever (Joan B. Kelly, Dianna Gould-Saltzmann) others seem newer:

Abbas Hadjian, JD, CFLS

Graduate of Tehran University School of Law and Harvard…

Abbas Hadjian, Esquire devotes a substantial part of his family law practice to educating the Farsi‐speaking community on the comparisons between the American and Iranian legal system and recently published “Divorce in California,” which is written in Farsi. He is an expert on Iranian culture and laws.

(from his website, partial description of an amazing background):

Mr. Hadjian was born, educated and lived in Iran until 1980. Between 1959 and 1968 Mr. Hadjian was a professional journalist in Iran, with positions including editor, writer, reporter, translator and commentator in major Iranian publications and news agencies. His profession a journalist required and helped Mr. Hadjian’s foundational understanding of the Iranian legal, social, economical and political structure. Between 1962 and 1966, Mr. Hadjian attended the School of Law, Political Science and Economics in Tehran University. Among others, he received courses in Iranian Constitution, Civil, Family and Probate law, furthering his understanding of the legal, social, economic and political infrastructure of his native country.

Upon graduation. Mr. Hadjian became a political appointee in the Office of the Governor General, Iranian Southern Ports and Islands (Persian Gulf), where he acted as a ranking civil officer in the region until 1978, the year of the Iranian Revolution. As deputy to the Governor General in social and economic affairs, Mr. Hadjian relied heavily on his legal studies and implemented them in real life situations. In 1975, Harvard University accepted him to the renowned Edward S. Mason Program for Public Development on full scholarship, acknowledging five years of Mr. Hadjian’s services in developing the Persian Gulf region as one year of post-graduate studies. He was awarded a Masters Degree in Public Administration

A related site from “Culture Counts.net” (site has three diverse professionals) has a page about fatherhood, the new normal, which “surprisingly” reminds readers about:

Positive Effects of Father Involvement on Children

  • Children display increased self-confidence.
  • Better able to deal with frustration and other feelings.
  • Higher grade point averages.
  • More likely to mature into compassionate adults.
  • Paternal emotional responses to sons were associated with a 50% decrease in sons’ expressions of sadness and anxiety from preschool to early school age

Positive Effects of Father Involvement on Men

  • Helps men reevaluate their priorities and become more caring human beings who are concerned about future generations.
  • May reduce health-risk behaviors.
  • Decreases psychological distress as emotional involvement with children acts as a buffer against work-related stress.
  • Happiness and increased physical activity.
  • Sense of accomplishment, well-being, and contentment.
  • Men tend to be more involved with extended family and others in the community.
  • Over time, fatherhood increases marital stability.
_ _ _ _ _ _ _
Here is the rather short blurb of a long-time attorney in California, who in this conference is presenting an all-day workshop on Parenting Coordination:

Leslie Ellen Shear, JD, CFLS, CALS

Ms. Shear is a graduate of UCLA School of Law and admitted to the California Bar in 1976 and maintains her practice in Encino, California. A frequent lecturer in custody matters, she has been involved in a number of high-profile custody cases over the years – most recently, Marriage of LaMusga and Marriage of Seagondollar.

I note she was admitted to the bar fully 20 years before welfare reform and almost as much before VAWA.
These three are going to present on Parenting Coordination — an all-day institute.  It must be important:

9:00am – 5:15pm

All Day Institute (2)

(I2) Inside Parenting Coordination Practice in California: Managing Roles, Responsibilities, and Risks

  • Lyn Greenberg, Ph D
  • Alexandra Leichtner, JD
  • Leslie Ellen Shear, JD, CFLS, CALS
Apparently even indigent people need parent coordination — there’s a workshop on how to get it to them:
  • W1 Establishing a Local Parenting Coordination Program Including Pro Bono PC Services to Indigent FamiliesHonorable Lorna Alksne// Charlene S. Baron, JD, MA // Shirley Ann Higuchi, JD  // Lori Love, Ph D


http://www.link.cs.cmu.edu/link/submit-sentence-4.html

III. Parenting Coordinators Work With the Most Difficult Family Court Population – Those Most Prone to Assert Grievances and Challenge Decisionmakers

… cases are usually referred to parenting coordination because they are chronically litigious and difficult to manage. These parents have often had several attorneys, evaluators, and mediators — professional hopping and shopping is rampant. Their court files are thick with motions, court appearances, and allegations of wrongdoing by the parents.
Coates, Deutsch et al. (2004) Parenting Coordination for High-Conflict Fami- lies 42 Fam. Ct. Rev. 246, 252

The child custody cases referred to parenting coordinators are the most complex, acrimonious, difficult and demanding cases. Most parents regain their perspective and bearings within two years of separation, and do not need this kind of intensive and ongoing service model. Parents who continue to return to court with enforcement and modification requests after completing co- parenting educational programs, and after a child custody evaluation are can- didates for parenting coordination,

Parents who need a PC intervention are typically a special group for whom the passage of time has not reduced the rage and angry behaviors of at least one if not both parents. The 10–20% of parents who remain in entrenched and high conflict two to three years after separation/divorce are significantly more likely to have severe personality disorders and/or mental illness (Johnston & Roseby, 1997). Understanding the characteristics of parents with severe borderline, dependent, narcissistic, and antisocial personality disorders, why these parents react so strongly to rejection and loss, how the child is used in attempts to re-stabilize their functioning and punish the other parent, and how personality disorders are exacerbated by stress, conflict and the adversarial system will facilitate more effective work with these difficult clients.

Kelly (2008) Preparing for the Parenting Coordination Role: Training Needs for Mental Health and Legal Professionals 5 Journal of Child Custody 140,149-150

+ + + + = = = + + +  = = =

[VSLP*].  This footnote comes from a fragment of attorney Jennifer Jackson’s resume, which itself came from a bio of another nonprofit, Families Moving Forward, Inc. in Indiana.  I was following up in another nonprofit, “International Association Collaborative Professionals” and I guess you can see about how curious I am about the inter-relationships of various nonprofits.

I looked at the staff.  This one caught my attention — because of the specialties, not him personally:

Chris Emley (in 2011, or at least now on the website.)

Chris is a certified family law specialist and a Fellow of the American Academy of Matrimonial Lawyers, with 41 years of experience focusing on child custody litigation.  He has been included in Best Lawyers in America since 1991.  He has helped to govern VLSP since its inception in 1979.  He received the State Bar President’s Pro Bono Service Award in 1983, the Legal Assistance Association of California’s Award of Merit in 1989, and two Awards of Merit from The Bar Association of San Francisco (1977 and 2004).  He was a BASF board member from 1979 through 1981, and chaired the Lawyer Referral Service Committee.  Chris was Vice President of the San Francisco Child Abuse Council, Chairman of the Board of Legal Assistance to the Elderly, and Chairman of the Board of Legal Services for Children, Inc.

There happens to be one pro bono group in the SF Bay area which used to help women leaving violence and eventually in the news (and had I known at the time to check all these 990s, I’d have seen the notation that it specialized in helping NONCustodial, low-income fathers, I’d have realized why this group refused to help so many mothers stuck in the family law system.).   The presence of a Certified Family Law Practitioner on the board of VSLP, with his emphasis being on children’s rights, and without question, children in ANY institutional system these days need help and representation, does make me wonder who is helping with women’s rights when it comes to actual mothers who aren’t in jail for killing their batterers (which have some groups advocating) — but actually dealing with the horrors of year after year in a custody battle with a violent or abusive ex, and doing so without even a grasp of how it works, or who pays its bills.

General Comments:

I don’t see anything in VSLP which remotely deals with the situation, and was able to get no actual help (legal representation of any sort, pro bono) in my case either, not past the initial restraining order, and a perfunctory (and NOT in court) attempt to renew it, which I was told would be a non-issue, it’s often granted automatically!  No one came to court where I, like many, many other “custodial” mothers after leaving abuse, was blindsided by a prior ex parte movement consolidating renewal with a divorce and custody matter, thus shifting the case into the family law system, where it remained, and where the actual topic of ongoing DV was drowned by the type of talk we see in these realms — psychological states, not literal deeds!

The moral is, every program and every nonprofit has its target clientele.  As the target clientele (for keeping in their proper place) in so many federal grants to the states are fathers (when it comes to custody matters), it would make no “sense” for the government to also pay the opposing side, the protective mothers!

[[Interesting program, project of SF Bar: its family law person Chris Emley also on Board of "Legal Services for Children" which (as of 2001) got funding from City & County of SF, SF Dept. of Public Health, and SF Dept. of Children, Youth & Their Families.

Its address seems to be a few doors down from Kids Turn:  1254 Market vs. 1242 Market Street.  "Legal Services for Children" (2010) shows no Chris Emley on the Board, but its main purposes are:  1.  Guardianship for children wanting it; 2.  Helping kids dealing with expulsion and school-related issues; 3.  Immigration. . ..It also represents children in foster care and helps support LGBT youth.  200 Volunteer attorneys gave over $1mil worth of their help.    The group received over $1 mill. of contrib& grants, and gave $65,000 to a DC nonprofit, National Juvenile Defender Center (EIN# 02060456.  On "Foundation Finder" this EIN doesn't pull up a tax return.....for any year.  Nor does a name search! However from NCCSdataweb, I see that it was incorporated in 2002 (legal services for children, in 1975).  This "National Juvenile Defender Center" interests me:  2002 income, 0.  A 2007 letter from Andrea Weisman, signed DC Dept of Youth Rehab. Services ("DYRS")  (shares address with a Board member of NJDC, Mark Soler, 2002) expresses the serious problems of Youth in Adult Facilities.  Weisman and Soler (again, board member of the group which got $65K grant from the West-Coast "Legal Services for Children," which takes funding from various depts. of SF and its city & county) worked together (1999?) on "No Minor Matter:  Children in Maryland's Jails."  Weisman notes she got a $1.6mil grant from OJJDP.   ]]

National Juvenile Defender Center:  

2002– income is zero.  By 2009 — they are into Technical Training and Assistance.  And ExDir. Patricia Puritz as only paid director, gets $134K salary) — and have landed over $5 million of grants, and earning $10K from investment income and have some serious program income in 2010 ($119K= almost (but not quite) enough to pay their own Exec. Director:.  Check it out.  So why, in the following year (revenues down to $405K — but probably some leftovers, wanna bet?) did a group in SF just grant them $65,000?  Or was that a sort of tax equalization between them both.  I live in the same state as “Legal Service for Children, Inc.” and we know that our K-12 schools are taking a serious hit?  Why should enough money to feed, clothe and house three families in this area for a year, be given to a nonprofit out of DC that just got $5 million the year before?

http://njdc.info/about_us.php

The National Juvenile Defender Center (NJDC) was created in 1999 to respond to the critical need to build the capacity of the juvenile defense bar and to improve access to counsel and quality of representation for children in the justice system. In 2005, the National Juvenile Defender Center separated from the American Bar Association to become an independent organization. NJDC gives juvenile defense attorneys a more permanent capacity to address practice issues, improve advocacy skills, build partnerships, exchange information, and participate in the national debate over juvenile crime.

They operate 9 US Regional Centers; the California one is in SF and among its projects is:

MacArthur Juvenile Indigent Defense Action Network (JIDAN)

In 2008, California was selected by the the John D. and Catherine T. MacArthur Foundation as one of four sites in the nation to participate in the foundation’s Juvenile Indigent Defense Action Network (JIDAN).  The four JIDAN sites, Massachusetts, Florida, New Jersey and California, join the four MacArthur Models for Change “core” states of Illinois, Louisiana, Pennsylvania and Washington to form an eight-state network.

The California team is led by the Youth Law Center, and includes members from the Center for Families, Children and the Courts of the California Administrative Office of the Courts; the Loyola Law School Center for Juvenile Law & Policy; the Los Angeles County Public Defender’s Office; theSan Francisco Public Defender’s Office; the Contra Costa County Public Defender’s Office; andHuman Rights Watch.

The eight-state network is coordinated through the National Juvenile Defender Center (NJDC), and engages juvenile defenders, policymakers, judges and other key stakeholders in designing strategies to improve juvenile indigent defense policy and practice. California was chosen as a result of its demonstrated ability to achieve measurable reform on juvenile indigent defense issues.  California’s JIDAN work will be centered in the Pacific Juvenile Defender Center.

The Exec. Director of this “NJDC.INFO” nonprofit (inc. 2002) was in 2003 appointed by the Governor of Virginia to a Board of Juvenile Justice:

This bio/blurb places Ms. Puritz Professionally, prior to here, she was ABA Juvenile Justice Center, etc.

Much of this relates to the “OJJDP” and the Juvenile Justice Delinquency Prevention Act.  This is an entirely different category than “Parenting Coordination” through the family law center; it is dealing with things such as the US being the world largest per-capita jailor, that those in jail are disproprotionately minority, that horrible things are happening to youth while in confinement, etc.  By comparison, the “Parent Coordinator” issue seems like kids’ play unless one begins to wonder how many of the youth in detention had parents stuck in the family law system, which definitely cuts down on actual parenting time and focus!

p://www.americanbar.org/groups/child_law/policy/juvenile_justice.html

Written by Let's Get Honest

December 14, 2011 at 9:00 pm

Posted in 1996 TANF PRWORA (cat. added 11/2011), AFCC, After She Speaks Up - Reporting Child Sexual Abuse, After She Speaks Up - Reporting Domestic Violence and/or Suicide Threats, Bush Influence & Appointees (Cat added 11/2011), Business Enterprise, Cast, Script, Characters, Scenery, Stage Directions, Designer Families, Domestic Violence vs Family Law, Lackawanna County PA Corruption Protests, Lethality Indicators - in News, Organizations, Foundations, Associations NGO Hybrids, Parent Education promotion, Parenting Coordination promotion, Psychology & Law = an AFCC tactical lobbying unit, When Police Shoot / Shoot Back, Where's Mom?, Who's Who (bio snapshots)

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WIth Them in Spirit Tomorrow — Pennsylvania Parents Protest Apparent Court Cronyism (12/2/2011, Lackawanna County)

with one comment

 

This information is on a public forum, so I took the liberty of copying it here — from a thread from “Scranton Political Times” “Doherty Deceit Forum

It’s a quick post, but covers topics I’ve been blogging for a long time:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

PRESS RELEASE SENT OUT AT NOON TODAY

Second Lackawanna County Family Court Kids 4Kash Protest Set For December 2, 2011

FOR IMMEDIATE RELEASE

Scranton, Pa

The second in a series of demonstrations in what The Protesters have labeled The Lackawanna County KIDS 4 KASH Corruption Scheme will begin at 9am this Friday in front of the Family Court Building at 200 Adams Avenue. The protesters, many of whom are family court litigants, are in disbelief and outraged that President Judge Thomas Munley has not taken any action against the Court Appointed Guardian ad Litem, Attorney Danielle Ross. Unbelievably, Ross who is currently under investigation by the FBI and the Administrative Office of the Pennsylvania Court (AOPC) is still being assigned new cases every week.

{{WHAT WOULD HAPPEN IF PARENTS SIMPLY REFUSED TO PARTICIPATE?  REFUSED TO PAY? AND THE JUDGE THEN TRIED TO INCARCERATE? }}

Their investigation of Ms. Ross was set in motion when a parent named Bruce Levine contacted Detective Michelle Mancuso from the Lackawanna County District Attorneys Office about discrepancies he found on Ross invoices for the services she claimed she provided as Guardian. As fate would have it, right about the same time, a thread directed against Ross called Kids 4 Kash was started by political activist Joseph Pilchesky on his contentious website, http://www.dohertydeceit.com. Fundamental to Pilchesky’s website is The First Amendment Right to Freedom of Speech.

The site encourages antagonistic dialogue about current local and global issues that is often times abrasive. Users that post comments on topics typically remain anonymous; therefore, it provides a safe venue for other parents and litigants to share their family court horror stories and eventually their identities with one another. Several of those parents that connected with each other on the website began to turn over Ross’ invoices to the authorities, which eventually lead to the involvement of the United States Attorney General’s Office.

The FBI began their investigation with a subpoena requesting all documents involving each and every case to which Attorney Ross was appointed and a Grand Jury was convened. In days to follow, many additional subpoenas were served upon court employees including the Lackawanna Count Court Administrator, Ron MacKay. When federal agents showed up at MacKay’s office located inside the county’s main Courthouse, he was sequestered and forced to remain in the hallway while agents searched his office. After about an hour, the agents left the Court Administrator’s Office with several boxes of documents.

It is unknown at this time what the FBI confiscated from MacKay’s office. As to why they raided his office, those close to the case strongly believe that the scope of the federal investigation has broadened well beyond the alleged fraudulent billing practices of Attorney Ross. Rumors of case steering and monetary kickbacks are out there.

The status of the AOPC investigation into the Guardian ad Litem Program, as well as Home Evaluation and supervised visitation payments, is unclear at this time despite the fact that on November 2, 2011, AOPC Attorney, Michael Daley, stated in open court that it would be available two weeks ago. To date, a RTK letter that was sent to the Court requesting the report has gone unanswered. Reliable sources within Family Court speculate that there are at least two plausible reasons for the delay. On one hand, there are many who are convinced that the AOPC investigation amounts to little more than a smoke screen used to give the Court a few months to cover its tracks and get its act together. While others believe that public pressure has forced AOPC investigator, Joseph Mittleman, to hold off on finalizing the report. He states that the AOPC is obligated to look into alleged acts of attorney misconduct as well as to conducting interviews with alleged victims of Family Court corruption.

Protests will be held every Friday starting at 9am in front of Family Court. The goal is to bring forth public awareness and gain support in the effort to expose what appears to be a moneymaking racket devised by the members of the Judiciary and several Child Custody/Divorce Professionals who do business with Family Court. The individuals with whom the Court most frequently Orders Family Court litigants to consult are Guardians Danielle Ross and Brenda Kobal, Lackawanna County’s sole co-parenting coordinator, Anne Marie Termini, Kids First presenter, Chet Muklewicz, Court mediator, AnthonyLibassi, Psychologists Drs. Ronald Refice and Arnold Shivenhold, and various child visitation supervisors affiliated with the Scranton Counseling Center.

The Parties who have been forced by Order of the Court to see these providers, attend numerous appointments, whether they need to or not, and pay enormous fees (if they are not declared indigent) have a lot of unanswered questions. Until those questions are answered, the only logical conclusion is that the Court and these providers are unjustly enriching themselves not only with the millions of Federal and State Grant dollars allocated for indigent Lackawanna County Children and Families but also money from private-pay litigants.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

 

“SHIVENHOLD” I’m fairly sure means “SCHIENVOLD”  who is AFCC leadership:

 

Here’s one filing in which Mr. Shienvold was called as Expert Witness for the Father, who wants primary physical custody of the children, and after the mother submitted to custody reports preceding a “Custody Trial” the mother then, of course, had to make special motions to actually read what was reported about her, and apparently planned to call him up and interview or cross-examine him.  The father then protest — aw heck, look at it yourself.

 

http://www.courts.state.pa.us/OpPosting/Superior/out/a29038_05.pdf  (his name is apparently mis-spelled here, too).

 

I have already posted on the forum that Mr. Scheinvold is a primary player in the Pennsylvania Commission for Justice Initiatives, and a key AFCC person, as was at least one of their judges, and that Harhut, Termini, and (was it Ross?) were presenting in Brooklyn, 2009 together at an “NACC” association meeting on matters related to Guardianship and Domestic Violence.

 

He is ALSO the “President-Elect” of AFCC, meaning his influence will be upon more parents than just those in this area.  I hope they figure this out quickly in time for the next generation of children, that an international association with a checkered history is helping run the courthouses, but right now, most don’t seem too interested in this, they are scrambling to survive, and have not looked up to the horizons.  In other words, for control to operate freely, it’s connections to other control must remain subterranean.  AFCC is hardly “subterranean” when it’s publishing statewide model custody evaluation standards, inventing new fields of practice faster than the previous ones can be caught and complained about (Parenting Coordination) and with personnel (over 3,000 membership) including, for example, at least a few on the California Judicial Council Administrative Office of the Courts.

[AFCC]

President Elect 
Arnold T. Shienvold, Ph.D.
Harrisburg, PA

Arnold Shienvold is the founding partner of Riegler, Shienvold & Associates. Dr. Shienvold received his Master of Arts and Doctor of Philosophy degrees in clinical psychology from the University of Alabama and has specialized in dealing with high-conflict families since he began his practice in 1980. Dr. Shienvold is a member of the American Psychological Association and is a fellow of the Pennsylvania Psychological Association where he also serves on the custody evaluation task force. Dr. Shienvold is a past president of the Academy of Family Mediators and a past president of the Association for Conflict Resolution. He is also a member of the Pennsylvania Council of Mediators.

The PA Adminsitrative Office of the Courts and FBI are supposedly investigating the Lackawanna County parents’ complaints, so I hope they take it upon themselves to figure out — quickly — who the Pennsylvania Administrative Office of the Courts (AOC) is comprised of, paid by, and answerable to.

 

  1. [PDF]

    Commission for Justice Initiatives in Pennsylvania Changing the 

    www15.brinkster.com/ncfcpgh/Report.pdf

    File Format: PDF/Adobe Acrobat - View as HTML
    Arnold Shienvold, Ph.D., brought great understanding of the dynamics of separation, ….. 3 Site visit by Judy Shopp April 5, 2006; Dr. Arnold Sheinvold provides 

    You’ve visited this page 5 times. Last visit: 11/30/11

I don’t know that these parents have yet accepted that a State-Level “commission for Justice Initiatives” report (2007) called “Changing the Culture of Custody” with Mr. Shienvold listed front and center as a consultant actually relates to problems they are having at the county level

 

Arnold Shienvold, Ph.D.


Dr. Shienvold is the founding partner of Riegler • Shienvold and Associates.

Education
Master of Arts and Doctor of Philosophy degrees in clinical psychology from the University of Alabama. He specialized in child clinical psychology and completed his internship at the Ohio State University Hospital.

Area of Emphasis
Dr. Shienvold has specialized in dealing with high conflict families since he began his practice. He is recognized locally and nationally as an expert in the areas of custody evaluations and family mediation. In addition to his direct clinical practice in those areas, Dr. Shienvold has consulted to public and private agencies, taught and lectured at a multitude of professional conferences and schools and published papers on these topics. Dr. Shienvold continues to see individuals and couples in therapy and he has an active forensic practice. Additionally, Dr. Shienvold has served as a professional facilitator for group meetings.

 

 

Yep.  High-conflict families.  Here’s a website I found in Australia (where AFCC has active membership, FYI) which calls “High Conflict” what it is, if I may quote them.  As an added bonus, I stuck two or three comments on this post, which is a year old now.  I hope that by the time 2012 is halfpast, the people in Scranton area will figure out (accept) what they are dealing with in the Unified Family Courts per se — which is an expense-paid (by txpayers) largely immune from responsibility, self-referring, self-propagating multiple income stream and often tax-exempt cash machine for paid membership of  about 5 different organizations (all playing at monitoring each other, instead of, more commonly, referring each other and providing business referrals to make them look  more expert than they really are.  If “expert” means, learning a business-specific jargon,  and to have a greater conscience about one’s cohorts than one’s clients — then a 12 year old, for example, has already learned to speak his or her own cultural language among peers, and probably knows as much about bullying, gangs, exclusion and arbitrary standards for who is IN and who is OUT.

In order for this field to continue until each generation of Family Court professionals retires (and eventually some will die of old age, though many of the originals are still collecting royalties, probably through Kids’First type operations nationwide), it MUST continue the lie (that’s  L.I.E.) that adult parents are by and large to be treated like misbehaving children, or punished until they play along.

This has been going on SO LONG that what they are studying and conferencing about now is basically a contaminated sample (of people and personalities).  In addition to the many factors of society contributing to any parent’s “psychological profile,” is probably such things as motherless children, children in foster care because there’s an incentive to put them there, kids who run away from abuse because there was no other safe option (they do not all turn out as well as Alanna Krause of Northern California, whose father, once he got custody, sent her away at age 13 to some kind of reform camp), and a series of protective mothers who feel it necessary to flee the US, or the state — although they, too, are quite likely to be hunted down and incarcerated.

 

10 Reasons The Family Court is Not Just About Conflict

1. Family Violence is often referred as “High Conflict”, “Entrenched Conflict” to mask the severity of the situation.

Mentioned in the latest report on Family Violence in Family Courts, high conflict has often been a tool to diminish support for victims within the media and inside the courts andwritten judgments.
For Instance, a judge referred to death threats, property damage and stalking towards the mother as, “High Conflict”:

 

 

Here’s a 3-page outline from a 2007 Texas Meeting of the AAML ( a group which initials anyone with a family law case should look up themselves!)

DEALING WITH CLIENTS WHICH ARE TOO HARD TO LOVE

The presenters gratefully acknowledge the work of Arnold T. Sheinvold, Ph.D. Dr. Sheinvold is the managing partner of Riegler, Shienvold & Associates, a comprehensive psychological practice in Harrisburg, Pennsylvania. The materials in this presentation were developed and presented by Dr. Sheinvold {{that’s SHIENVOLD}} at the American Academy of Matrimonial Lawyers’ 2007 Midyear Meeting. The presenters appreciate Dr. Sheinvold’s generosity in sharing his materials with the Texas family law community.

(and lists the personality types — borderline, narcissistic, histrionic, antisocial, etc.)

 

Here’s a 2006 article (abstract, I guess) from the FAMILY COURT REVIEW — which is a publication jointly published by AFCC & Hofstra Univ. in New York, listing this psychologists among others the parents are protesting, a number of AFCC personnel, including Philip Stahl, Ph.D. which virtually guarantees there will be (more) conversation about parental alienation (one of Dr. Stahl’s favorite topics), etc.

  1. Task Force for Model Standards of Practice for Child Custody Evaluation,

  2. David A. Martindale Reporter,
  3. Lorraine Martin,
  4. William G. Austin Task Force Co-chairs,
  5. Leslie Drozd,
  6. Dianna Gould-Saltman,
  7. H. D. Kirkpatrick,
  8. Kathryn Kuehnle,
  9. Debra Kulak,
  10. Denise McColley,
  11. Arnold Sheinvold, {{per his website it’s “SHIENVOLD”}}
  12. Jeffrey Siegel,
  13. Philip M. Stahl

Article first published online: 7 DEC 2006

DOI: 10.1111/j.1744-1617.2007.129_3.x

Issue

Family Court Review

Family Court Review

Volume 45, Issue 1, pages 70–91, January 2007

Additional Information(Show All)

 _ _ _ _ _ _ _

 

Ronald Refice

 

A Bit About How It’s Done”  (familycourtmatters Sept. 2011 post)

Here’s one of my former posts showing people samples of how to look things up — corporations, associations, just stay persistent!

Today’s Post is “all over the place” but provides a sampler of how — with as clumsy tools as various states give, the habit of searching for corporations and people who incorporate them, and then comparing boards of directors, whether they actually file tax returns or not, and whether while the press is all about justice, children, and helping resolve conflicts, a view at the nonprofit characterization many times simply categorizes the group as “Board of Trade” “Business Promotion” — which is what it is.

 

Too bad Thomas Szasz professor took up with a cult that’s been literally booted out of a country, the Church of Scientology — but think about what’s being said here:

Thomas Stephen Szasz (play/ˈsɑːs/sahss; born April 15, 1920) is a psychiatrist and academic. Since 1990[1] he has been Professor Emeritus of Psychiatry at the State University of New York Health Science Center in SyracuseNew York. He is a well-known social critic of the moral and scientific foundations of psychiatry, and of the social control aims of medicine in modern society, as well as of scientism. His books The Myth of Mental Illness (1960) and The Manufacture of Madness: A Comparative Study of the Inquisition and the Mental Health Movement (1970) set out some of the arguments with which he is most associated.

 

I wonder how the book compares to Phyllis Chesler’s “Women & Madness”

 

His views on special treatment follow from classical liberal roots which are based on the principles that each person has the right to bodily and mental self-ownership and the right to be free from violence from others, although he criticized the “Free World” as well as the communist states for their use of psychiatry and “drogophobia”. He believes that suicide {{!??!}}, the practice of medicine, use and sale of drugs and sexual relations should be private, contractual, and outside of state jurisdiction.

In 1973, the American Humanist Association named him Humanist of the Year and in 1979 he was honored with an honorary doctorate[2] at Universidad Francisco Marroquín.

 

Who wants a CONFLICT-FREE SOCIETY?  Is this some sort of death-wish, or a wish for a sedated society?  Or a managed society, as opposed to one where leadership is not shut down (because most leaders are going to cause some conflict; in fact some of the most significant leaders around — Gandhi, Martin Luther King, Jr., Nelson Mandela, Lincoln, John F. Kennedy,  and others –  (may I say Jesus Christ in this context?) — end up getting assassinated — yet their work lives on.  Most particularly, Gandhi was assassinated, but through NONViolent protest and understanding the economic system, helped get the British Empire out of India.     Maybe all of us should re-read his “moment of truth”  and get to ours, quicker, building upon what others before have actually learned — and not continually recreating from scratch as if the world has no history.

These groups are causing the conflict themselves by a number of habits:

  • It appears to be greed, dishonesty (chronic, though I can’t say all) and wishing to turn our justice system into their personal ATM and Rx-dispensary.  Psychologists can’t force-medicate people (I think), so the next best option is to become a Parent Coordinator adn get off on wrecking kids lives based on the fact that one of their parents disagrees with the other, and ignoring the fact that this might be because one is genuinely dangerous (or simply an _ _ _ hole hell-bent on punishing the other).
  • Using federal grants to assist one side of the party — and this is the fatherhood movement, sorry you honest Dads — to tip the scales.
  • Building courthouses when the rest of the country needs LESS micromanagement, not more of this kind.
Any one seeking to control language seeks to eliminate the First Amendment (typically for gain) and do so through a propaganda-driven war on the unaware.   AFCC has admitted it seeks to control language.  The associated groups do not respect the basic concept of due process — which requires no conflict of interest.

Go, Lackawanna!

I hope that protesters, besides correcting the spelling of “SHIENVOLD” (for credibility reasons), also feel free to search my site reporting on LibassiMediation being built by revising rules of court, into the custody modification form, my comparison of KIDS FIRST to KIDS TURN (California)*

And come to realize that a fifth column of psychologists, psychiatrists (adult, child, whatever) and mental health experts is basically a “Family Court Archipelago.” Even physicists have to examine their fundamental assumptions from time to time (cf. Newton, Galileo, and the recently publicized “String Theory”) not the least by at least examining evidence.  in this field — ONE NEVER HAS TO; It’s just about become THE primary field of the US Government (world’s largest contractor, and debtor) — and there are no right answers.   There is only a caste system:  Paid Expert v. Humble Subject matter).

 

 

 

*which is virtually a training ground for the California Family Court personnel (almost everyone has been on its boards, not to mention a person who was “most-wanted” or close to it as a Tax Evador — Halsey Minor (I think he’s on the Board too), plus the defenders of the high priestess of Satan against the High Priest (LaVey, and I”m using the terms loosely), operating at the time out of the same address were, it seems, Kids Turn was operating (2nd floor, 1242 market Street) and I posted that link also.

 

THE MYTH OF MENTAL ILLNESS, from ARACHNOID.COM/Psychology

with thanks to its author for presenting another outlook on the “experts” causing the trouble above.

The evidence-based revolution in psychology.

Copyright © 2011, Paul Lutus

For decades there has been increasing evidence that psychologists can’t reliably diagnose or treat mental illnesses, or mental illnesses aren’t objective illnesses as that term is understood, or that psychology has no testable scientific content. Psychologists’ reaction to this long-term trend has been to add more human behaviors to the “mental illness” category, in order not to lose more ground to medicine.

The Diagnostic and Statistical Manual of Mental Disorders (DSM)5, what many call the “Bible” of psychology and its single most important guide to practice, shows this trend clearly — each new edition contains more conditions thought to merit the label “mental illness.” Here is a count of “mental illnesses” included in the DSM by year:*

Year Number of mental illnesses
1952 112
1968 163
1980 224
1987 253
1994 374

Obviously this trend might reflect an increase in our understanding of mental illness, and there might really be hundreds of legitimate mental illnesses. But let’s take a closer look at some conditions listed in the current DSM, conditions thought to require intervention by a mental health professional:

  • Stuttering
  • Spelling Disorder
  • Written Expression Disorder
  • Mathematics Disorder
  • Caffeine Intoxication/Withdrawal
  • Nicotine use/Withdrawal
  • Sibling Rivalry Disorder
  • Phase of Life Problem

Hmm. It seems if you don’t like your older brother, or can’t spell or do math very well, you aren’t just growing up, you’re suffering from a mental illness and need help from a professional. But I favor another explanation — as time passed and psychiatrists and psychologists realized they couldn’t reliably diagnose or cure real mental illnesses, they decided to repurpose themselves as academic tutors, babysitters and hired friends for wealthy patrons.*** For this strategy to work, the DSM needed to include ordinary states of being that could only justify the help of a teacher or sympathetic friend. In other words, in rewriting their profession’s guidebook, for self-serving reasons psychologists deliberately blurred the distinction between everyday problems and mental illness.

**For an account of the struggle to include just a few women in the review board, see “Backlash:  America’s Undeclared War on Women.”  For a bonus, you can also read in this book (probably available at low cost or used, or library) a chapter on Robert Bly and Warren Farrell — after he recanted his prior feminism (Warren Farrell these days wants to start a White House Council on Men and Boys, I heard).  It’s pretty funny.
*** Actually, the statement in blue may be a rational explanation for AFCC’s origins.  They quickly realized that the wealthiest patron around was the United States Government (i.e. those who fund it).  One of its founders was a prison psychologist.  Other hotshots in this in this AFCC association come from (or still work in) psychiatric hospitals.  COmbined with the wonderful reputation the legal field has for ethics and honesty (:  (:, it sounds like a dynamic duo to me:  Psychology plus lawyers, plus judges, most of who probably used to be lawyers anyhow.
profit (apart from sheer conniving and greed, the joy of “getting away with it” and being somewhat close to the top of society, without actually having to do more than rehash the catechism yearly in slightly different terms, and assign outreach coordinators and “evangelists” to connect up with people already ensconced in the judicial and psychological professions, etc.)
ONE FINAL NOTE — ACESTUDY.org
Long-term trauma and abuse (“Adverse Childhood Events”) is going to have an impact on growing children.  As such, abusing children would become literally profitable.  StoppingCourt-Ordered Abuse of Children might be contrary to the purpose of the courts from the start, which was to ensure psychologists increasing respectability, whether earned or not earned.
I don’t want to dismiss anyone’s Ph.D. lightly.  But with a Ph.D. there comes a responsibility to make sure it’s not just the same thing, Piled Higher and Deeper.  And in this particular field, it had very little foundational depth to start with.
This can be seen in the tendency to pompous declarations and mutual self-admiration among many of the associations, and in some cases (I doubt in Dr. Shienvold’s) far too many false credentials.
(That’s all I have time for on this post.)

What’s Money got to do with it? This is about love, helping kids, protecting gender expression, right?

with 2 comments

Yesterday, I almost got lost among AB 887 (redefining gender) and the backgrounds of its sponsor, after my recent post about the attempted (in 2002) AB 2263, suggesting that our top Judicial organization in the state (California Judicial Council) get paid — assuming it could also find other funding — to judge the mental health efficacy of Kids’ Turn, excuse me,  (this is the sanitized version)”

projects or programs that provide services to assist children and their 
families while the parents are in the process of obtaining a divorce or legal separation... [[not mentioned -- this process can and does often take years -- like 10, 15, 18...]]

and which measures, among 5  standards, 3 which deal such hard data as “degree of conflict,” “mental health of children,” and “change in (parental) attitude”:

(1) Any decrease in conflict between the parents regarding custody issues, as reported by the parents.

(2) The mental health of the children, as measured by their attitudes before and after participating in the project or program.

(3) Any change in the attitude of the parents who participate in the project or program.

Conflict is obviously bad — this is why, the US never engages in wars abroad or at home, such as on terror, drugs, homelessness, poverty, or fatherlessness.  Conflict is Bad.  Having the Judicial System involved in receiving public monies to evaluate the effectiveness of behavioral modification programs (run by family law professionals and supported by millionaires and billionaires — see my posts, it’s true!) — is, per our Legislators (in 2002) Good.  All they wanted was $50,000 — plus matching funds. In the cleaned up version…

Original version was more direct – but someone thought better of that and reworded it from the original, as reported May, 2002:

AB 2263, by Assemblywoman Christine Kehoe, D-San Diego, which would require the Judicial Council to study the effectiveness of expanding the Kids’ Turn program, which assists children while their parents are in family court obtaining a divorce or legal separation. The bill was approved by the Assembly Appropriations Committee on a 23-0 vote May 15, passed the Assembly on a 72-2 vote May 23 and was sent to the Senate.

I think we should know who those 23 people sitting on the Appropriations Committee that said YES were:

FYI, for a perspective Assemblypersons in 2011 have salaries ranging from $95,291 (most) to $109K (one) and a few $102K.  Judges outrank them by ca. 50% as to salaries.  Kids’ Turn is a judges project (if not slush fund..)  Judge are always being so helpful, because they love kids.

One legislator (Atkins) had previous been chief staff of the other former assemblyperson, now Senator legislator (Kehoe), it turns out and both were “out” lesbians (hardly unusual for California, but sometimes even I forget).  Another Sunburst Youth Housing Project has Atkins & Partner/Wife’s name on it.

 January 2005, after more than 3 1/2 years of hard work, The Center announced the creation of an innovative youth supportive housing project. This cutting-edge program is one of the first projects of its kind in the United States. The Youth Housing project provides 23 units of affordable, supportive housing for youth between 18-24 years of age, with a special focus on LGBTQ+ youth. These high-risk youth were living in the streets or in public spaces after having been ejected from their homes because of their sexual orientation.

This project has been made possible by the leadership and vision of Rev. Tony Freeman, Dr. Heather Berberet, San Diego City Councilmember Toni Atkins, Jennifer LeSar, The Center and its project collaborators — YMCA Youth and Family Services, San Diego Youth and Community Services, Metropolitan Community Church, Walden Family Services and the Chadwick Center at Children’s Hospital.  We opened our doors to youth at the beginning of February 2006.

Oh yes, and the AB 887 sponsor’s wife was caught — well reported — exploiting the homelessness problem in San Diego to turn a nice penny as consultant for herself ($225/hour) by farming out the work to others, while her wife (Assemblyperson Atkins) was photographed with the volunteers counting the homeless.

2011, SanDiegoReader seems to be keeping tabs on these conflicts of interest:

Why Was Toni Atkins Consulting for Developers Vying for Redevelopment Dollars After She Was Elected to State Assembly?

By historymatters | Posted January 27, 2011, 3:51 p.m.

Why was State Assembly Majority WHIP Toni Atkins working for LeSar Development Consulting firm as the Senior Principal of Housing Policy and Planning even after she was elected to State Assembly? Toni was consulting with developers and helping them lobby to get these redevelopment tax dollars for their projects. So how in the world can she vote objectively as a State Assembly member let alone State Majority WHIP to freeze this redevelopment money and return it to schools and other state resources when she has a definite financial stake in seeing that the money remain in the pockets of developers like her wife and their clients.

How is it that Atkins and her wife Jennifer LeSar are continually allowed to financially benefit from the affordable housing gravy train. Affordable housing is a multi million dollar issue with a multi million dollar bounty at stake to the most cunning and shrewd land developers and Atkins is voting on this issue despite her personal financial stake. LeSar served as a CCDC Board Member for years while Atkins simultaneously served on City Council and voted to approve millions in redevelopment funds.

Meanwhile, Hunting for the Homeless (2011 Feb. Press article)

State Assemblymember, 76th District, Toni Atkins uses a flashlight to look for people sleeping in a canyon as she participates in the Point in Time Count in Hillcrest. This year's numbers were up.

State Assemblymember, 76th District, Toni Atkins uses a flashlight to look for people sleeping in a canyon as she participates in the Point in Time Count in Hillcrest. This year’s numbers were up

I’m starting to like this blogger, “historymatters” — who seems to be on top of the issues — not that anyone seems to be stopping this flagrant wearing two hats at once while selling projects (contracts to cronies — or partners (nepotism?) — which are to help the public, allegedly).  San Diego is not my area — except for the reputation they have in messing with parents around family law, and the infamous “Family Justice Center Model” (Casey Gwinn retirement program), same general idea.  Our public servants are I guess to busy working on (and dreaming up, or expanding) projects to help the rest of us that it slipped their minds to report who was getting the contracts for those projects.  During an era of increasing unemployment, skyrocketing gas prices, closing libraries, thousands of California prisoners being released due to overcrowding, and such — it’s very important to sell educational programs to parents undergoing divorce (and measure whether they worked) — and of course SOMEBODY has to go hunt up the homeless (while, during the daytimes, they are encouraged to keep moving….)

In “I’ve Got Issues” (I’m starting to like this blogger):

Jennifer LeSar was on the Board of Directors of the Centre City Development Corp. (CCDC) from 2002 to 2009. She started her development consulting business in 2005 consulting many of the same developers she was working with on CCDC. http://lesardevelopment.com/about-us/ CCDC recently asked the City Council to approve the contract extension with redevelopment money, yes that same redevelopment money that Atkins as State Assembly WHIP will vote on in Sacramento….sound like a conflict of interest?

2009 Article stating that Kehoe is going to back her former staffer, ex-City-Councilwoman Atkins for State Assembly( which we can see, she obviously got).

2010, January — The GayandLesbianTimes protests politicking by this duo (Kehoe & Atkins) (control of a nonprofit board? stacked — under threat to the organization if it didn’t comply?)

Former board resigns, San Diego Democratic Club appointed by Kehoe to take over Pride
The reconstituted Board of Directors of San Diego LGBT Pride met Wednesday, Jan. 27. The first order of business was to accept the resignations of board members Philip Princetta, Co-chair and Mike Karim, Treasurer. According to Pride, the new board members are fully committed to transparency and will honor the duties and responsibilities of the organization and continue the mission of San Diego Pride. However, the first meeting was closed into executive session soon after it began.
At a special meeting held last Saturday, attended by City Councilmember Todd Gloria and former San Diego deputy mayor Toni Atkins, State Senator Christine Kehoe demanded that San Diego LGBT Pride board members Chair Philip Princetta, Treasurer Mike Karim, Secretary Carl Worrell either resign or she would place the organization into receivership – a court action that places property under the control of a receiver during litigation – according to an anonymous source at the meeting.
Kehoe, Atkins and Gloria packed the San Diego Pride Board with a crossover of supporters, donors, and endorsers of their political campaigns – appointing the San Diego Democratic Club to take over Pride.
Community members are questioning if they have legal authority to take such actions under the Brown Act….
In a letter, obtained by the Gay & Lesbian Times, Worrell said, “I don’t know that I have ever before found myself in a situation where every alternative solution is wrong. But, in my opinion, that is the situation now. After the unconscionable bullying we took from Christine Kehoe, Todd Gloria and Toni Atkins; it is obvious that my involvement in shaping the future of Pride must end.
In addition to demanding that the three current board members resign, Kehoe also stated that all Pride board meetings would be attended by a representative from both Kehoe’s and Gloria’s offices. She ordered a hiring freeze and said all Pride business must go through her office before any actions were taken, according to the anonymous source.

One reason I steer clear from nonprofits.  Another reason is that I learned the hard way that they are answerable to their funders more than the clients they serve.  I would NEVER deal with a nonprofit (If I were you) anymore without knowing who is on the board of directors, and who is footing the bills.   Moreover, nonprofits can have their boards taken over and start firing staff, totally change the character of any organization which may have started out well.

So, I’m interested why these people would be so interested in controlling the nonprofit here San Diego LGBT Pride and looked it up.  “Year Founded:1974 Ruling Year:1995″ (meaning actually showed up as a nonprofit 21 years after it started…  Wow, kinda like AFCC, which took forever to incorporate properly and start reporting income and paying taxes…).   Income they deal with listed at $1.47 million…   Purpose:

Foster pride in and respect for all Lesbian, Gay, Bisexual,

and Transgender communities locally and globally.

(See yesterday’s post on the gender expression bill.  Guess some real progress has been made there.)

Guidestar’s IRS form 990 for the year 2009 shows only the 3 ousted officer, plus Exec. Director Ron deHarte earning $113K, and the main activity rallies, festivals, etc.  (and operating in the whole).  The income is mostly “program service revenue.”

Whether or not this type of behavior and leadership qualities is played out in the LGBT community or not, it seems common in these combos, I have noticed:

  • Legislator Connection
  • City level control (Councilmen, Councilwomen), and  County Level Supervisors
  • Redevelopment Connections (real estate developers, or those financing it)
  • Favored nonprofits controlled by one of the above to provide services
  • Cronies getting the contracts, or cronies/spouses getting to be Exec. Director of the favored Nonprofit/agency  (Example:  “Dubious Doings by District Attorneys — Attorney General Bill Lockyer’s (3rd) wife gets coveted $90K job over a $3million-grant-initiated “Alameda County Family Justice Center” (I think was the title) whose actual benefits to the public are questioned (if ever proved).    The process by which this Executive Director was appointed took the cooperation of County Supervisors, helped by the early resignation of a (as I recall) District Attorney (rather than waiting out is term to let the appointment happen normally:  i.e., From Orloff to Nancy O’Malley.
For an example, here’s a quick summary (I also blogged it — but it was someone else who researched it):
SEPT 2009 (article shows an Oakland City Council person deluged with protests about constituents being whammed with parking meter increases, and slammed with violations…which is affecting business for the local retailers…   So the City Councilperson is often between a rock and a hard place, meaning the collaboration between other already tightly bonded parts of local govt:

Case closed: One big reason the Alameda County Board of Supervisors voted to name retiring District Attorney Tom Orloff‘s handpicked successor, Nancy O’Malley, to the plum job was her role in helping launch the Alameda County Family Justice Center – a federally funded program that helps victims of domestic violence.

Not only are Supervisors Gail Steele and Alice Lai-Bitker big supporters of the program, but its executive director is Nadia Maria Davis-Lockyer - the wife of longtime East Bay pol Bill Lockyer.  Nadia is also running for supervisor.

Both Steele & Lai-Bitker have a reputation for being really concerned about domestic violence, and Steele, even for this crisis in the courts.  HOWEVER — has that justice center actually helped as many people as it says it did?  And if they’re so concerned about the bottom segments of society (and kids, of course….) — why not set a better example, and let the heads of major nonprofits receiving a FAT federal grant – be picked legally, instead of voting to minimize public awareness, and public comment ?  A “Steve White” (Indymedia) blogged this in 2006.  I can’t see that the practices have changed much, over time.  I blogged it, too:
There’s a certain truth (though not as intended, I’m sure) in the testimonials from this Justice Center’s site:

This is really changing the way the system is responding to victims.”
-Nancy O’Malley, Alameda County Chief Assistant District Attorney

“We use business principles to address social problems and build lasting solutions.”
-Nadia Davis-Lockyer, Esq., Executive Director

Well, well — the Sneak Peak of ACFCJ finds out that Ms. Nadia is going to take retiring County Supervisor Gayle Steele’s place — very appropriate, because Supervisor Steele probably could have — but like Lai-Bitker, chose not to — protest the improper propelling of this woman to the head of the ACFCJ to start with (see the articles i’ve linked to).  TWO county supervisors protested swishing the appointment past the public improperly.  THREE County supervisors (including those two) did not.  So here we are –

Congratulations and Thank You, Nadia Lockyer

On November 2, 2010, Nadia Lockyer was elected to the Alameda County Board of Supervisors to fill the seat vacated by retired County Supervisor, Gayle Steele. Nadia’s last day as the Executive Director of the ACFJC was December 31, 2010. We wish to thank Nadia for all she did for the ACFJC and we wish her well in her new position. We know she will continue advocating to ensure the safety and health of all children and families in Alameda County.

Senior Deputy District Attorney, Kim Hunter, will be the Acting Director of the ACFJC. She and Cherri Allison of FVLC will work together to provide leadership until a new director is installed.

And of course a blurb in this ACFCJ newsletter celebrates the inauguration of Nancy O’Malley, who helped get this ACFCJ started:

District Attorney, Nancy O’Malley, Sworn in at ACFJC

The Inauguration Ceremony of Nancy O’Malley, Alameda County District Attor- ney, took place at the ACFJC on January 3, 2011. Approximately 250 people gathered on the 2nd floor to hear an introduction by Chief Assistant District Attorney, Kevin Dunleavy, and the Oath of Office administered by Cali- fornia Supreme Court Associate Justice Carol Corrigan. Nancy ended the ceremony with a touching speech that thanked her mentors and family. A reception immediately followed at Z Café.

Congratulations Nancy!

While most Centers & Units  under this County’s DA’s office have addresses basically at the courthouse (1225 Fallon St most common address listed), “Child Abduction” and “Domestic Violence” have been exported to a different address, or “Center” here — 427   27th Street, Oakland.  (I developed a recent habit — looking up street addresses of nonprofits to see who else is there).
Convenient for the providers, not necessarily the best for the clients.
While I’m here (on that Alameda County Family Justice Center) — FYI
Guidestar, the address shows a nonprofit “Bay Area Women Against Rape”BAY AREA WOMEN AGAINST RAPE

Also Known As:

Physical Address:
470 27TH St
Oakland , CA 94612 
2008 IRS Form 990 (contains warning notice on potential errors in this version)
EIN# 942300454
This group’s budget is small fry among big fry (Grants $650,000) and its Executive Director, Marcia Blackstock has something worth hearing about this group and practices in general:

If you’ve got ears, listen up to this one:

Biography

Blackstock is the Executive Director of Bay Area Women Against Rape, which was founded in 1971 and is recognized as one of the first three victim assistance programs in the nation.

Initial Involvement in the Crime Victims’ Movement

Marcia Blackstock became involved in Bay Area Women Against Rape (BAWAR) as a volunteer in 1978. BAWAR had been formed in 1971 by an outraged foster mother whose high school-age daughter had been treated badly both by the police and the emergency room staff after she was raped.

Context of the Era

BAWAR had a “huge adversarial relationship” with law enforcement, hospital personnel, mental health professionals, and the judiciary in the early days. Blackstock remembers that BAWAR’s views were not trusted, nor did BAWAR trust anyone in the system to appropriately assist sexual assault victims. “It was a lot of upheaval, a lot of anxiety, and frustration,” Blackstock recalls. On the other hand, there was substantial community support from the local universities and other collective groups such as the Berkeley Free Clinic and the Women’s Health Collective that were also working and organizing to see that people were treated with dignity and respect and that their needs were met.

Greatest Challenge

Looking back, Blackstock believes that the greatest challenge was establishing credibility among professionals in the various fields that dealt with rape victims. The therapists, law enforcement officers, judiciary, and hospital personnel considered themselves the “experts” and maintained an adversarial relationship with BAWAR mainly because of its grassroots origins. The BAWAR advocates were not considered to be “professionals.”

“We were coming from a peer-support, community-based, grassroots organization that brought in a huge variety of people from a variety of backgrounds and education and ideas, but all coming together and focusing on a common goal. But we were considered ‘peer’ and not ‘professional’, at best paraprofessional and rarely that.”

One of the problems that BAWAR faced was that licensed counselors who felt that they were more knowledgeable had no experience at all working with sexual assault victims.

Or course, professionals and experts know better than grassroots advocates (or victims of crime) what’s best for them, and should be paid accordingly.
In looking up another Board of Directors of BAWAR, (Candace Archuleta)  the “Rakheem Bolton” case (Dallas, Texas) comes up, in which a cheerleader who was held down, locked in, raped — and whose rapist got off with a handslap — took a real stand.
In fact when she was supposed to be jumping up and down and shouting encouragement to him, she just stood.
She refused to cheer for him when he was back on the basketball court.  She didn’t call names, throw things, threaten, or anything.  She just stood, silent.  And for this, was punished
(WHY does this remind me of battered mothers who have some resistance to co-parenting with identified abusers or child molesters?  Family Courts have a hey-day with that obstinance….) 
Oh boy — none of that lack of “spirit” in the school! — and she was kicked off the cheerleading squad.

A high school student who refused to cheer on her “rapist” has been ordered to pay $45,000 for filing a “frivolous” lawsuit. Where’s the justice in this?

By Cord Jefferson
Posted: 05/05/2011 02:54 PM EDT

I didn’t want to have to say his name and I didn’t want to cheer for him,” she told reporters in 2009. “I just didn’t want to encourage anything he was doing.”

To that end, HS refused to cheer for Bolton when he stepped up to take some free throws during a game in January 2009, four months after he had pleaded guilty to the attack. When she folded her arms and stood silently, however, her school’s superintendent, Richard Bain, ordered her outside and told her she had to cheer for Bolton. When she refused again, HS was kicked off the cheerleading squad.

(How much money, fame, press does a good basketball team attract to a school?)

HS later sued the school for kicking her off the team, but the results of that lawsuit have time and again gone terrifyingly against her.

(What’s Gender got to do with THAT situation?  Or, money? –or Justice?  The rapist paid $2,500, and she has to pay the school district $45,000 for protesting —  not with violence, but with silence?)

 

Now — think about it.  BAWAR is at this area, and getting small amt. of funding compared to the larger scope, yet rape and assault is a major part of domestic violence.    Yet Guidestar shows this “Alameda County Family Justice Center” at the same address — which we know is a major project — it has a physical, building presence — and yet it’s listed on Guidestar AS IF a nonprofit, incorporation 2010 (we know, formed much earlier) same address:

ALAMEDA COUNTY FAMILY JUSTICE CENTER INC   [EIN#  26-1141080]

Also Known As:

Physical Address:
470 270TH StOakland , CA 94612
At A Glance
Category (NTEE):
Human Services / (Victims’ Services) 
Year Founded:
2010  Ruling Year: 2010 

I’m looking at a 990 signed this past February by Harold Boscovich.  (You can too — it’s free).  There are no officers, no income, and no officer, it says, was paid.    Now THAT’s an unusual tax return!   “The purpose of this corporation (not nonprofit?) it “to provide comprehensive collaborative professional services to victims of domestic violence and their children, to victims of sexual abuse, sexual assault, and sexual exploitation; to victims of elder abuse, and to victims of child abuse, at no cost.

WAIT A MINUTE!  Aren’t these the legitimate functions already of governmental (not nonprofit) agencies?  Such as the District Attorney’s office?
The books of this corporation are in the possession, it says, of D.A. “Nancy O’Malley, 470 270th Street, Oakland 94612″ (deliberate typo?  Oakland has no 270th street; see address) and the corporation’s contact# is the same.”
 We already know that Ms. Nadia’s salary was paid by the DA’s office (per indymedia blogger & local commentator, Steve White — see links)  It is classified as a “community trust” (line 8, Part I, of “Schedule A”) I guess IRS Section 170 (b)(1)(a)(vi).
Huh?
I’m a novice and maybe you are.  A SF Law firm summarizes / explains (Thank you, Adler & Colvin, a Law Corporation, 235 Montgomery, Ste. 1220, for this link and information):

QUALIFYING FOR PUBLIC CHARITY STATUS: The Section 170(b)(1)(A)(vi) and 509(a)(1) Test and the Section 509(a)(2) Test

Tax-exempt status under Section 501(c)(3) of the Internal Revenue Code permits a charitable organization to pay no tax on any operating surplus it may have at the end of a year, and it permits donors to claim a charitable deduction for their contributions.

There is a further division in the world of Section 501(c)(3) organizations, classifying them into private foundations and public charities.

The private foundation laws impose a 2 percent tax on investment income, limit self-dealing and business holdings, require annual distributions, prohibit lobbying entirely, and restrict the organization’s operations in other ways. Also, large donors to a private foundation have a lower ceiling on the amount of deductible gifts they can claim each year. In most circumstances, public charity status is preferable to private foundation status.

And it appears that this Alameda County Family Justice Center (“ACFJC” as I might refer to it again), started by District Attorney Nancy O’Malley, hand-picked by the retiring one TOm Orloff as a shoo-in (or to be the incumbent shortly before he retired) whose connections I’m sure helped get the $3 million grant to start this particular ACFCJ — and who then helped get another connected individual, Nadia Davis-Lockyer, Esq. become Executive Director and at once get a 50% increase in salary, to just below what a California Legislator (Assembly) typically gets ($90,000 / $95,921)….

Well, back to our IRS stipulations / qualifications link:

To determine the charity’s support base, (we might as well look at this….)

Gifts, grants,(Footnote 3) contributions, and membership fees received.

Gross investment income (e.g., interest, dividends, rents, royalties, but not gains from sale of capital assets).

Taxable income from unrelated business activities,4 less the amount of any tax imposed on such income.

Benefits from tax revenues received by the charity, and any services or facilities furnished by the government to the charity without charge, other than those generally provided to the public without charge.

{{Hmmm….Does this rule have anything to do with why a new location was needed for the Center?}}

Footnote 3 In some limited circumstances, an unexpectedly large grant may be excluded from both public support tests as an “unusual grant” described in Regulation § 1.170A-9(e)(6). These technical rules are beyond the scope of this memorandum.

 

Not becoming a Private Foundation — Well, if there’s a whole lot of wealth involved, this could be annoying.  Also, if you want very large private donors to support you, they deductible for those donors is also lower, which may make them wish to contribute instead to  501( c)3s as “Public charities” — like the Kids’ Turns of the family law world?

A Section 501(c)(3) organization can avoid private foundation status, and thus be classified as a public charity, in any of three ways: (1) by being a certain kind of institution, such as a church, school, or hospital; (2) by meeting one of two mathematical public support tests; or (3) by qualifying as a supporting organization to another public charity. In this memo, we discuss the two mathematical public support tests.

The Public/Governmental Support Test of Sections 170(b)(1)(A)(vi) and 509(a)(1)

This public support test was designed for charities which derive a significant proportion of their revenues from donations from the public, including foundation grants, and from governmental grants. The test has two variations. If an organization can satisfy either of the two variations of this support test, it will qualify as a public charity under Sections 170(b)(1)(A)(vi) and 509(a)(1).

The first variation is known as the one-third test. A charity can satisfy this test if public support is one-third or more of the total support figure. Nothing more is needed if this mathematical fraction is attained.

The second variation, known as the 10 percent facts and circumstances test, has two requirements. First, the charity’s public support must be at least 10 percent of its total support. Second, the charity must demonstrate, with reference to facts and circumstances specified by the IRS, that it is operated more like a public charity than like a private foundation.

For “Program Accomplishments” it says “See Schedule O.”  One year, the return simply had the organization’s title in there; the next year, it again restated the organization’s purpose.  These are hardly “program accomplishments.”
As it’s a certain kind of public charity, I’d like to see the IRS letter of Determination
Now — When I googled this Inc’s name (ACFJC) 3 and 3 groups only came up.  This (also Oakland-based) is the second one.     (The third is the Bill Wilson Center in LA? area).  This is where the money seems to be recorded — the Family Violence Law Center  (EIN# 942527939)
Income: $3,250,900
Also known as: FVLC
Oakland, CA 94623
Category: I71 (Spouse Abuse, Prevention of); P43 (Family Violence Shelters and Services); P62 (Victims’ Services)Physical Address:PO Box 22009 Oakland , CA 94623Web Address:www.fvlc.org  Telephone:(510) 2080220 Facsimile:(510) 2083557 Contact:Ms. Cherri N. Allison, , Esq.cherri@fvlc.orgExecutive Director(510) 2080220 x32
This amount seems closer to the grant mentioned for the spanking new ACFJC a while back.  NOtice different address (like a PO Box….) and although ACFCJ actually has a web address, Guidestar doesn’t list it for some reason.
2008 Tax Return says that
GRANTS — Prior Year, $318,322,
THIS year $1,386,008
Program Service Revenue  – last year:   1,680,748,
THIS year $1,867,703
Given that part of domestic violence is economic abuse — the victims are not usually flush with funds — I’m going to hazard a guess that they are selling trainings and products to other nonprofits, or to agency professionals whose trainings are paid for by public funds.  That’s just a guess.  Unless you know a slew of domestic violence survivors that can pay this kind of money to help support the group.
I’d say collaboration works, eh?
Here’s a current job advertisement for “youth program director” — will earn perhaps a bit less than half what the former ACFCJ Exec. Director did, at $42K – $48K per year.  Children are being born daily (hence no shortage of Youth in the area) and the former clients that ran through ACFCJ are probably dealing with high-conflict custody cases, wondering where their child support went, and figuring out how to co-parent with whoever this group helped them get a protective order on earlier.   Meanwhile, their lives having first justified grants to this organization, will now be justifying grants for “access and visitation,” a cause which essentially undoes what the first round did — protection.
Their mission statement, history, accomplishments, and who they collaborate with is listed clearly here:

Mission Statement

Family Violence Law Center (FVLC) has been working to end domestic violence in Alameda County since 1978, when a small group of abuse survivors founded the agency. To advance our mission of ending domestic violence, FVLC employs a holistic approach that integrates a comprehensive service model with dedicated efforts to address and change institutional barriers for domestic violence survivors within the legal, health, education, and criminal justice systems.

Yeah, “holistic” and “comprehensive service” are definitely the keywords these days.  Please notice carefully (underlined) which systems it tries to address and change “institutional barriers for domestic violence survivors” within — it specifically does NOT mention within the Judicial system, and it most definitely does not mention anything — at all – about the “FAMILY LAW SYSTEM” although it’s title says ‘Family Law Violence Center.”

Go figure, huh?  And how telling.  The most critical information people coming through “stage one” of leaving domestic violence, assuming kids are involved, is what is coming up next — which IS the “family law system.”.

After looking at the 990 (as usual, I often go straight to the officers’ page), and notice the Executive Director is being paid a modest (for this size of operation) salary of $90K year, and her name is:

ABOUT THE MANAGEMENT TEAM

Cherri N. Allison, Esq. is the Executive Director at FVLC. A lifetime resident of Oakland, Ms. Allison has more than 7 years of legal non-profit management experience. Ms. Allison also has over 12 years of experience as a family law attorney.

Prior to coming to FVLC, Ms. Allison was the Director of Programs at the Alameda County Bar Association. In addition to Ms. Allison’s expertise in non-profit management, she has experience in board development, program development, grant writing and investments. She currently serves as the President of the Board for the Women Lawyers of Alameda County, is a former member of the FVLC Board, and is a member of the California Alliance Against Domestic Violence and the Charles Houston Bar Association.

In 2008, she is (not inappropriately, I’m sure) awarded by the Bar Association for the work with this Community Organization, along with other judges, attorneys, etc., as it says (tickets, $125),

2008 Installation and Distinguished Service Awards Dinner

Join us on Thursday, January 17, 2008, as we swear in our Officers and Directors and honor the recipients of our Distinguished Service Awards while we enjoy a delectable dinner buffet and cool jazz. The festivities will take place at the Claremont Hills Resort & Spa, majestically resting on 22 acres of beautifully landscaped gardens in Berkeley.*

(*starting to sound like some of the wonderful AFCC, or for that matter, Kids’ Turn promoting retreats and seminars.)

(the “California Alliance Against Domestic Violence” is a grants recipient, from my understanding, through HHS and is where CPEDV went….).   WELL, I guess that FAMILY LAW EXPERIENCE may tell us why this group doesn’t seem to educate its clients about the family law process, and what’s happened to it since, say, 2001 (Bush, faith-based), or even 1998, 1999 (US Congress passes resolutions on fatherhood).  However, it’s clear Ms. Allison must be informed about the intersection of DV & Family Law; she has written about it:

Domestic violence remedies in California family law cases, 2008. Cherri N. Allison, et al. (CEB, 2008)  KFC 115 D664  not accessible to general public, unless you are in L.A.?

Get this (2009)

Women Lawyers of Alameda County (WLAC) honors Exec Director  of ACFCJ, District Attorney (who helped fund and start ACFCJ) who also honor a retired woman judge (Hon. Peggy Hora., Ret’d.) who pushed “therapeutic jurisprudence”  - a VERY problemmatic practice in the judicial field, and also endorsed by AFCC.

How sweet — aren’t these professionals all close friends with each other then?  (Except the women driven homeless through family law system and twice-thrice-and ongoing-abused (Legal abuse syndrome) through its practices, or while (out of state — MD — another state pushing Therapeutic Jurisprudence through Univ. of Baltimore School of Law “CFCC”) a pediatrician mother (is that professional enough?) lost 3 children, drowned in a bathtub on a scheduled visitation, although she warned, pleaded, and asked for visitation to be curtailed based on the prior mental health history and state of the father.  (“Cabrillo”).

WLAC “Honor Roll”

This Issue’s Honor Roll:

Cherri N. Allison, Executive Director of the Family Violence Law Center of Alameda County, was recently named “Woman of the Year” for the Justice Category of the Alameda County Commission on Status of Women and will be inducted into the Alameda County Women’s Hall of Fame on April 25, 2009.

I think that instead of professionals honoring and decorating themselves in nice ceremonies (Sun Myung Moon and the U.S. Senate mock coronation ceremony comes to mind) instead some of the women who DIED because of stupid family law rulings, sometimes along with their children or in front of them, in scheduled exchanges with the father for co-parenting purposes — THEIR names should be honored.

I do not live in this county and so am not familiar with which is most dramatic, but how about honoring the mothers who, having left an abusive relationship (or possibly separated because of the abuse) thereafter, by complying with family court orders to fork over their children to an ex-batterer or abuser, ended up dead.  

If this is too many low-income people to consider at once, then why not go for someone closer to the legal profession’s social class — Hans Reiser.  Why not honor his wife, Nina.   I’m not sure which county this case was in, but sounds like her body was unearthed Alameda County.

And whoever is recommending Batterers Intervention Programs gets my “dunce award of the year; here’s why from “Sagaria Law” — they don’t complete the programs anyhow!  Or, (in one high-profile case) they complete the programs and then walk back and kill the woman anyhow (Scott McAlpin).

The programs draw funding  – is there something too hard to spell about that?

I started this blog to warn others!   after years of the rollercoaster (downhill slide, overall) of the family law system that no one who was involved warned me about when I separated from the abuser.  In retrospect, it might have been better to ask for self-defense lessons, mace training, and just utilize it, so I could communicate directly to this person that was is and is not acceptable is, in marriage, a two-way street, and wives are people, too.

FVLC’s services include both protection initiatives for people currently experiencing abuse and prevention initiatives to eliminate future abuse. Today, FVLC is recognized as a leader in the community in both delivering exceptional services to abuse survivors and in advocating for long-term social change for victims.

Maybe I should go find these people  – a list of clients with children who then went into “high-conflict custody battles”– and start interviewing them to see if the perspective holds — and if they then lost their kids to the abusers, because doing something about that issue is not, er, under FVLC’s 501(c)3 goals….  Abuse survivors with custody cases need not apply — go see your local family law attorney….
Well, I recognize that someone else has to tell about the Access Visitation Factor, the Child Support Incentives, and that that whatever groups like these WILL instruct people about, the functioning of the family law system is not on the curricula.    We had to learn the hard way that if our problems were not going to attract major funding, we could just go deal with them ourselves.  THESE types of programs, however do get the moulah:
How much easier to teach, coach and (allegedly) prevent — than to scrutinize, analyze, and dis-assemble destructive institutions which result in family wipeouts — but which are already entrenched…

During FY 07-08, FVLC achieved the following accomplishments [(accomplished the following)]:

  1. Provided legal services (representation, paperwork preparation, and advice and counsel) to 525 clients, for a total of 2,250 contact hours and 692 court orders.
  2. Provided crisis counseling and safety planning to 2,823 clients, for a total of 3,250 contact hours.
  3. FVLC’s HEAL (Healing Emotions and Loss After Domestic Violence) Program provided intensive parent/child psychotherapy to 31 children and their primary caregiver, for a total of 900 contact hours.
  4. FVLC’s RAP (Relationship Abuse Prevention) Program provided intensive leadership training to 56 youth and violence prevention education and outreach to 1,008 youth.

FVLC has set the following goals for the current year (FY 08-09):

  1. Continue to strengthen collaborative relationships with other agencies co-located at the Alameda County Family Justice Center with FVLC.  This includes the Oakland Police Department, Alameda County District Attorney’s Office, and numerous other community-based agencies.
  2. Engage in policy work around domestic violence by playing a leadership role on several state and countywide task forces, including the American Bar Association’s Commission on Domestic Violence, California Partnership to End Domestic Violence, Alameda County Family Violence Council, Domestic Violence Advisory Council for the Social Services Administration of Alameda County, and Alameda County Teen Dating Violence Task Force (formed and led by FVLC).
(As you can see, it’s now fashionable to say the words “domestic violence” and form task forces to do something about it, allegedly.  Look at the variety of groups that do:  The ABA, CPEDV, and something from Alameda County itself I can’t even find (yet), as well as a SSA “Domestic Violence Advisory Council.”   How many of these talk to victims they helped 5 years down the road or so?
  1. With our collaborative partners Youth ALIVE! and Youth Radio, expand leadership training and policy work around teen dating violence at Oakland middle schools through various classroom, after-school, and summer activities, effectively reaching approximately 1,600 adolescents.  This is made possible through a generous four-year, $1 million grant from the Robert Wood Johnson Foundation.

(Robert Wood Johnson Foundation is very big into funding fatherhood materials. )

These are recommended reading to pick up on the patterns, and alliances.  It almost gives one a headache (for non-politically-minded individuals who just do their jobs, obey the law, pay taxes, volunteer locally, probably contribute locally, etc.) to conceive of the extent of deceit and collaboration that is simply government.  And then all the public press about how poor we all are, and how it’s time to tighten our belts — and cut back on the social service infrastructure.  And (in California) release from 30,000 to 40,000 prisoners.

This is simply taxation without representation, and totally unacceptable in my book.

And I’m not a Tea Partier.

It sheds a whole different light on the “social contract” that most of (what remains of) the middle class has bought into.  If they stick to their jobs, neighborhoods, kids, and planning for leisure & retirement (and don’t ask too many questions about the top layer) — then the top layer will structure society so as to kind of leave them alone, and of course (this goes without saying) make sure the rabble doesn’t get out of control.

 

FAMILY  JUSTICE CENTERS, per IRS search (on the name):

Name City StateSorted Ascending Country
Code
ALAMEDA COUNTY FAMILY JUSTICE CENTER INC. Oakland CA USA
ANAHEIM FAMILY JUSTICE CENTER INC. Anaheim CA USA
FRIENDS OF THE RIVERSIDE COUNTY FAMILY JUSTICE CENTER Riverside CA USA
NATIONAL FAMILY JUSTICE CENTER ALLIANCE San Diego CA USA
SOUTH BAY FAMILY JUSTICE CENTER Torrance CA USA
STANISLAUS FAMILY JUSTICE CENTER FOUNDATION Modesto CA USA
FAMILY JUSTICE CENTER OF HILLSBOROUGH COUNTY INC. Tampa FL USA
FAMILY JUSTICE CENTER FOUNDATION OF IDAHO Nampa ID USA
FAMILY JUSTICE CENTER OF ST. JOSEPH COUNTY INC. South Bend IN USA
THE FAMILY JUSTICE CENTER OF BOSTON INC. Boston MA USA
ESSEX COUNTY FAMILY JUSTICE CENTER INC. Roseland NJ USA
CENTER FOR FAMILY JUSTICE Albuquerque NM USA
TRI-COUNTY FAMILY JUSTICE CENTER OF NORTHEAST NEW MEXICO INC. Las Vegas NM USA
FAMILY JUSTICE CENTER OF ERIE COUNTY INC. Buffalo NY USA
YOUTH AND FAMILY JUSTICE CENTER INC. New York NY USA 4
FAMILY JUSTICE CENTER OF GEORGETOWN COUNTY Georgetown SC USA
KNOXVILLE FAMILY JUSTICE CENTER Knoxville TN USA
BEXAR COUNTY FAMILY JUSTICE CENTER FOUNDATION San Antonio TX USA
FRIENDS OF THE FAMILY JUSTICE CENTER San Marcos TX USA
RESTORATIVE JUSTICE MINISTRY FAMILY SERVICES CENTER Woodville TX USA

to Be Continued…

Alienation Ain’t Going Anywhere —

with 8 comments

NOTE: This continues my last post. Curious about Lauren v. Ted, I went and fetched it.

The evidence before me demonstrates a pattern of willful and calculated violations of the clear and express dictates of the parties’ Stipulation of Settlement,” Ross wrote in Lauren R. v. Ted R., 203699-02.

To review, the reporter, reviewing the ruling:

Supreme Court Justice Robert A. Ross in Nassau County ruled that the mother, Lauren R., willfully violated a court order by deliberately alienating the elementary school-age children from her ex-husband, Ted R.” (cite, below)

Ex-Wife Ordered Jailed for Alienating Children From Father

I SAID, INCREDULOUS:

Let’s look at ” willfully violated a court order by deliberately alienating“:

Did the court order mention not alienating — or was the court order about visitation? One is clear-cut. The other is a psychological assessment, less clear-cut, and gives judges a free license to call in the obedience-training authorities. Whether or not it is “deliberate” or as a consequence of moving on in life, is a matter for a mind-reader. Excuse me, “mental health professional,” a field I no longer respect (and this is probably why).

What kind of world do we (as a culture) want? One of action crimes, or thought (intent-) crimes ?? Guess which one you have here?

Only if the court order specifically SAID “don’t alienate” (which is too broadly worded to be enforceable, anyhow) is “deliberately alienating” a violation of it. However, this appears to be referring to failing to comply with visitation/vacation schedule, but doing it in a mean way. I believe that a Law Journal, of all places, should keep those issues separate. So should stipulations and custody orders, but often they don’t, setting the parents up for repeat litigation.

I wanted to know, was “not alienating” built into the court order (incredible as it seems, the answer is YES, this time. I say, “Houston, we have a problem!”)


Seeing this ruling, I felt readers should see how this is done, and who the judge quoted, and in general pick up on the practice of (OPINION ALERT. The rest of this paragraph is my feelings. Of course, much of this blog is — excepting the data research, charts, dockets posted, and news articles, etc…. But especially this next “rant” is a sound-off)
making custodial mothers (physical custodial/joint-legal) — apparently because they are women — responsible for relationship, even if they’re in a new one. This means, that somehow, any new man in the life, can’t “father” a children if it would, say, jeopardize their previous father. Put this in the pot and see how this blends with the fatherhood crisis. The biological Dad (presumably) is out of the home, and a remarriage has taken place. The systems of laws clearly influential in this ruling, were originally (Or, as slid through Congress) aimed at low-income fathers (which the “access/Visitation” policy literature, not to mention the “fatherhood” literature, assures us is the real problem. If it’s not the REAL Dad in the home, (even if there’s another father figure), those kids are screwed for life. Also, it’s important to encourage LOW-income fathers to be persuaded to pay their child support; and the way to do this has been declared, in policy brief after policy brief, is to use the children as a carrot, removing the child support enforcement as a stick, but keeping it there just in case. Theoretically.

This example is “replete with” language and references exhibiting this policy. While Lauren R. may or may not be a nice person — for all we know, she’s a B _ _ _ ch — the practices stand, and she has been threatened with weekends in jail for her behavior.

My CMA:

LINKING, COPYRIGHTs, Etc. – — the link to this opinion is on yesterday’s post, and here is:

Lauren R. v. Ted R.

NASSAU COUNTY
Family Law

New York Law Journal

June 07, 2010

Copyright © 2010, ALM Properties, Inc.

ALM = “American Lawyer Media”

 

Let me COMPLETELY CMA (that’s CYA with a pronoun change) on posting so much of this opinion here:

Disclaimers: I believe that posting this is legal and within the copyright use (general, limited) as my link on this blog states. My purpose in posting here is to illustrate, for general purposes and information:

  • HOW this judge reasoned,
  • how the stipulation was written, and
  • who this judge cited, in jailing [or threatening to] an alienating EX, which court personnel were called in — and for how much*** — to get their piece of the action BEFORE she was threatened with jail and/or custody switch (?) (the ultimate threat) and
  • What “remedies” are considered available (in NY, here) for Bad Moms (and presumably Bad Dads) in violation of DIVORCE-RELATED CIVIL DECREES
  • how GENDER-NEUTRAL, mostly, the “parental alienation” is in theory, but gender-specific, in practice, it seems (my challenge to readers yesterday stands — find me a man treated this way by any court for the same reasons) — and in short,
  • HOW our country moved from the “rule of thumb” (diameter of switch with which one could beat one’s wife, hear tell) to the Judiciary rules and case precedents, etc. (remedies for, rather than beating, just emotionally terrorizing into compliance, or making it clear that the authority of the bench could indeed throw more weight around if compliance isn’t good enough for any woman/slut who remarries (or, doesn’t) with kids and doesn’t do it well, etc. . . . . to demonstrate, and set an example (per HIS attorney) of how very few inches forward we have moved in the past century, vis-a-vis mothers who don’t retain their men… . .

(pause to remember the originally intended VERB of this supremely compound subject sentence…..)(oh yeah, it’s coming…)

ARE RELEVANT TO OTHER PARENTS. IT IS VALUABLE INFORMATION TO THE PUBLIC… As such, I hope I don’t get put in jail for putting this information up.

***“defendant’s counsel, $11,287.50 for Attorney for the Children’s fees, and $19,833.32 for Parenting Coordinator fees,”

To obtain the access so as to answer my initial questions (how could “not alienating” be in a court order?? and why wasn’t the custody interference sufficient?), I had to subscribe to this New York Law Journal. So will you, for pay, or as I did “Free Limited Access,” which means that in exchange for free, they collect data from me and can potential send me marketing material. Being in a good mood, I allowed this. “Free” anything, on-line,” is kind of like a FREE lunch, Food Stamps, Free Legal Services, or Free Restraining Order Clinics. Either you pay, or, you fork over some of your data for the privilege of accessing these things. So, I’m not linking the title today — see yesterday’s post — ,because who knows if my particular link leads to my particular self, which I don’t feel like putting on-line today, particularly after some commentary on the judge’s commentary that reading it inspires (like, “causes to well up”) within my soul.

My CMA, ct’d.

From what I can tell on the Permissions page, my purpose here is not any of those listed: I am not republishing it in a book/ebook for educational or promotional use. I am not republishing it in a print or electronic PUBLICATION for informational or promotional use. I am obviously not photocopying it (don’t you, either!) I am not sending it in an email. I am not republishing it in a marketing MATERIAL because I am not marketing anything. I am advised to click HERE for any other potential use, and that “HERE” says that about 3 different entitites (Rightslink(r), Incisive Media, and Copyright Clearance Center.com) are all in on the action of protecting Judicial opinions from being too widespread without someone being paid for this, and able to trace it.

Speaking of DIGITAL CLEARANCE ISSUES . . . Consider this an ALERT. I make it maroon, as it’s a “parenthetical” to this post.

While I am on this topic of DIGITAL CASE INFORMATION (although this is an ALM publication, and the New York Law Journal, something else — opinions are published in it, I gather — and case dockets, caes information totally another category, today, I ran across THIS concern, expressed by a man in Los Angeles. The fine print here is supplemented from some REAL detailed research, related, on the Justice System [All of it, including enforcement Sheriffs, etc.] in Los Angeles County, which he has called an “Extra Constitutional Zone,” while wryly commenting that the similar behavior is found in courts across the country. However, this article is about digital storage of case information, and compromises in the system as a human rights crisis. Read the fine print, he’s right, I bet:

THIS is a VERY brief, readable summary of the situation, which I am still mentally processing, of automated court systems, beginning in the 1980s, 1990s: “COMPUTERIZED or CON-PUTERIZED” (8/18/2010) — thank you, Janet Phelan, and Dr. Zernik. This is momentous — and a separate post…Here’s a clue to the extent of the problem:

Amidst the rumblings that “equal justice under the law” is being applied selectively and unequally, a new charge is now being levied against the courts, coming from an unlikely source. Joseph Zernik, 54, Ph.D., is a molecular biologist and former college professor. Born in Israel, Zernik came over to the US in 1983, to attend the University of Connecticut where he subsequently received his Ph.D. in molecular biology He was later to work as a professor –first at the University of Connecticut and later at the University of Southern California. Along the way, he also studied computer systems and orthodontics.

By the way, this is the kind of background — more than social scientists and psychologists (or attorneys) that is likely — when attention is given to the legal processes — and systems — in the courts — that can help us. The analytic and systems expertise (logic, in other words) beats rhetoric and reframing every time. I feel… Marshall McLuhan {1911-1980…hover cursor for descr.}warned us that the MEDIUM was the MASSAGE {hover cursor for descr.}(long ago) — this talks about the impact of the MEDIUM (of digital case records) on our legal process.

Beginning in 2002, Zernik began to scrutinize government and corporate data base systems, first in schools and later in banks and in courts. In 2007, he began researching how court computer systems, such as “Sustain,” installed at the Los Angeles Superior Court and PACER/CM/ECF, installed at the federal courts, have circumvented some of the basic and fundamental processes which we have previously taken as sacrosanct.

Around 1985, the Los Angeles Superior court installed “Sustain” as its first civil case management system, to replace the previous paper-based operations. The federal courts began computerizing their systems around the early nineties, according to a spokesperson for PACER, which is the Public Access system of the federal courts, developed under the guidance of the Administrative Office of the US Courts. Actually, the federal court installed TWO systems. One, called PACER, was for general public access. The other system, CM/ECF, is accessible only for the court itself and for court authorized attorneys. However, even on such attorneys restrictions of access were placed and authorization was granted only to view certain records.

In other words, alleges Zernik, there are now two separate systems in place –one for the public and one for the elite tier of lawyers and officers of the court. The courts therefore created two docketing systems, separate and unequal, and asserted the right to segregate persons into one system or the other. As a result, the public right to inspect public documents was severely mitigated. The spokesperson for PACER stated that there were indeed two systems in place, one for public access and one for filing.


Apart from the obvious issues raised by two separate systems which are apparently functioning for different tiers of individuals—the public on one hand and the lawyers and court officers on the other– Zernik uncovered further cause for alarm. When the court systems became computerized, the common law practices also altered, subtly and nearly undetectably. . .

BACK TO NASSAU COUNTY, NY a.k.a.,

How an ANTI-ALIENATION DIVORCE STIPULATION led to a Mom ordered to jail for violating it.


Justice Robert A. Ross

Decided: May 25; 203699-02

The continuing jurisdiction of the Supreme Court to modify or annul its custody and visitation judgments and orders, is set forth in Domestic Relations Law §240. Such authority is similarly provided to the Family Court pursuant to Family Court Act §467. In post judgment proceedings regarding a modification of custody and visitation, the standard is the “best interest of the child,” when all of the applicable factors are considered. See, Friederwitzer v. Friederwitzer, 55 NY2d 89.

Roughly translated, these two courts’ authority to mess with (alter) either parent’s life continues until all children reach majority, or some other worse event intervenes, which we hope it doesn’t. Think about this when conceiving children. Er– guess that advice is not too practical, how about BEFORE conceiving children.

Parental access, commonly referred to as “visitation,” is an important right of the non-custodial parent and the child. See, Weiss v. Weiss, 52 NY2d 170.

Roughly translated — the word “parent” and “noncustodial parent” obscures the purpose of these rights (rights?) — as seen by why women like me have to write blogs like this. The switch from mother and father to “parent” is not straightforward — it’s obscuring gender bias. Even the Wikipedia definiton of “noncustodial parent” forwards reader to the US Dept. of HHS site, “Fatherhood.hhs.gov” where, after the TOP left square, which reads

2006 Initiative / TANF Reauthorization

The Deficit Reduction Act of 2005 {{See 1996 for where this originated}} provides funding of $150 million each year for healthy marriage promotion and fatherhood. Up to $50 million each year may be used for activities promoting fatherhood, such as counseling, mentoring, marriage education, enhancing relationship skills, parenting, and activities to foster economic stability.

{{well, treating ex-wives like this may send a message to women not to, ever, become an ex-wife. Your life may not survive marriage, but it’s equally unlikely to survive leaving a marriage, at least emotionally intact. So in SOME sense, pushing this, nationwide, can — like threat therapy — warn married women not to mess up..This policy, essentially, is the welfare state mentality’s answer to the welfare state mentality, if you can follow the logic there.}}

one can scroll down to

Access, Visitation, Paternity, & Child Support

About half of all children spend some part of their life apart from one or both of their parents, and most often the parent that does not live with the child is the father. The laws that cover these relationships are the responsibility of the state (Family Law), but

Yeah, a BIG BUTT…

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(Bighorn sheep charging) . . . The LAWS. . .. BUT . . . . (in contrast with the LAWS, we have a new concept, FEDERAL FUNDING to STATES to help them develop PROGRAMS….to “help.” They just want to “help”….

the Federal Government does provide states with fundingto assist in the development ofprograms that help establish paternity, collect child support, and provide non-residential parents with access to their children.

{{note — though found on “fatherrhood.hhs.gov” this refers to funding to help noncustodial PARENTS. See Dombrowski. See “rightsformothers.com.”. . . I never did see why so many people (women, in particular) fail to acknowledge that these A/V programs are related to the child support system. The federal government says they are….

OK, one more grammar review before i move back to this ruling: This program, the ACCESS VISITATIOn NONCUSTODIAL PARENT and CHILD language, as cited (years ago) on FATHERHOOD.HHS. GOV says it this way. The STATES’ LAWS . . . . BUT the Federal Funding to STates to develop programs. Laws – - — BUT, . . . . Federal Funding. Laws — BUT — Federal Funding (to counteract the laws, to “help” the laws. Well, if the Feds are helping with existing Laws, why then is the word “BUT-T-T-T-T needed to describe the system?? . . . Also, (convenientlly for this end), motherhood.gov doesn’t mention to mothers going into the courts to look here for the 2nd half of the States Laws (which they focus on), BUT > T > T > T…

I’m driving this in, because what follows here is full of legal cites, and precedent, to justify the situation. But his language will soon reveal, alienation, alienation, alienation . . . .

In a scenario where one parent is demonstrated to have interfered with the custodial rights of a parent, a number of mechanisms exist [see, Scheinkman, New York Law of Domestic Relations, Second Edition, §23.14] to aid in the enforcement of custody orders and judgments, including:

1. Criminal Sanctions, pursuant to Penal Law §135.45 and 135.50;

2. Suspension of alimony or maintenance, pursuant to Judiciary Law 750,753;

3. Tort action for custodial interference;

4. Orders of Protection, pursuant to Domestic Relations Law §240

While the most factually apparent ground to change existing custody arrangements involves physical danger, the act of alienating a child against a parent presents a nefarious form of conduct that must be met with careful consideration and immediate, comprehensive remediation by a Court (see, Zafran v. Zafran, 306 AD2d 468; Lew v. Sobel, 46 AD3d 893). A change in custody should not be permitted solely as a means for punishing a recalcitrant parent (see, Lew v. Sobel, supra), but always requires due consideration of all of the other custodial factors. See, Robert T.F. v. Rosemary F., 148 AD2d 449.

Note. I’m not checking the cites. Any attorney should. What the heck is “Judiciary law?” (above). And I’ve never heard of a TORT for custodial interference, I thought family law was out of the realm of torts. Maybe NY is different than the other coast, where I live. But, if it was the same, it would still take an indignant judge to sign an order.

I love the ‘While . . . . physical danger [See, "Girl, Interrupted" Kristin Stillman] ["phsyical danger might cause a child to die, or suffer injury, (by contrast, this language says, a far , far worse) ALIENATING A CHILD is NEFARIOUS!! and requires immediate, comprehensive remediation. {{see "DastardlyDads.blogspot.com" for what is NOT "nefarious conduct," per judges}} I also have to "love" the judge's dismissal of "most factually apparent ground" in favor of "punishing a recalcitrant parent." So much for "best interests of the child" -- the motived is to punish a recalcitrant parent.... I've never heard "recalcitrant" used of an adult before. It means, literally, to "kick back." Merriam-Webster definition give an Antonym (opposite) as the desirable state of women in this culture, this world, and with the help of judges, precedents, Federal programs, and rulings like this, surely they will return to this Edenic state:

Good grief!!! Recalcitrant has been used (in this example) of an employee, and a youth. Well, welcome, parents, to that category! The problem with recalcitrance is, a parent becomes:

1: obstinately defiant of authority or restraint
2
a : difficult to manage or operate b : not responsive to treatment c : resistant <this subject is recalcitrant both to observation and to experiment — G. G. Simpson>

 

While mindful of the consequential future effect of this determination (see, Lauer v. City of New York, 95 NY2d 95, 100), ....

Any sentence starting with "While" followed by data, or a statement of a situation, etc., is setting up the reader to consider that data LESS important than what follows, while declaring to the reader that this author at least weighed the pros and cons, but feels that the "while" side is less important than what's upcoming. For a great example of this, look above, and the 2006 Access Visitation program blurb doing essentiall the same thing, only in a "This BUT that format." "access/visitation is a matter of State & family law, the FEDERAL GOVERNMENT funds programs. . . . . etc." Here, since the part in the while section is going to be overcome, it is vaguely worded and only gets one cite, prob ably someone suing the City of NY over a disastrous custody situation result. Maybe I'll look it up. If this was a death, and this judge referred to that death as "the consequential future effect of this determination," what does that say about this judge's decision-making process?

Check out this case -- and how UNrelated it is , on the surface, to the divorce case here: My cites (I'm not an attorney) are not 95 NY2d 95,100 (which sounds like an opinion), but show which case was cited. The divorce here resulted from a NY Medical Examiner's initial diagnosis as an infant death as homicide by blunt instrument head trauma. At the time, the couple was married, and put through hell, particularly the father, who was fingered for this. Later, a re-examination of the child's brain showed a brain aneurysm. Lauer v. City of NY sued over this. At the very high risk of losing reader's attention here, I'm going to cite the (UNpublished) opinion on-line, so we see what the 10 words preceding a Supreme Court judge's proclamation that willful interference with a custody order raises a strong probablility of parental unfitness:

2 No. 59
Edward G. Lauer,
Respondent,
v.
City of New York, et al.,
Appellants.


2000 NY Int. 62

May 16, 2000

This opinion is uncorrected and subject to revision before publication in the New York Reports.

Julian L. Kalkstein, for appellants.
Peter James Johnson, Jr., for respondent.


KAYE, CHIEF JUDGE:

On this appeal we revisit a familiar subject: whether a member of the public can recover damages against a municipality for its employee's negligence. Here we answer that question in the negative.

The Facts

Three-year-old Andrew Lauer died on August 7, 1993. That same day, Dr. Eddy Lilavois, a New York City Medical Examiner, performed an autopsy and prepared a report stating that the child's death was a homicide caused by "blunt injuries" to the neck and brain. Although the report indicated that the brain was being preserved for further examination, the following day a death certificate was issued stating that Andrew's death was a homicide. Based on the Medical Examiner's conclusion, the police began investigating what they thought was a homicide, focusing primarily on plaintiff, Andrew's father. Weeks later, on August 31, 1993, the Medical Examiner and a neuropathologist conducted a more detailed study of Andrew's brain. The report, prepared in October 1993, indicated that a ruptured brain aneurysm caused the child's death, thus contradicting the earlier conclusion. The Medical Examiner, however, failed to correct the autopsy report or death certificate, and failed to notify law enforcement authorities.

Meanwhile, the police department's investigation into Andrew's death continued. Some 17 months later, in March 1995, after a newspaper exposé, the autopsy findings were revised, the police investigation ceased and an amended death certificate was prepared. As a result of this incident, the City Medical Examiner who had conducted the examination resigned.

Plaintiff and his estranged wife subsequently commenced separate actions. Lisa Lauer's action against the City of New York and Dr. Lilavois, seeking damages for intentional and negligent infliction of emotional distress, was dismissed. In affirming the dismissal, the Appellate Division held that her allegations failed to establish "that she fell within any recognized orbit of duty upon which liability may be based" (see, Lauer v City of New York, 240 AD2d 543, 544, lv denied , 91 NY2d 807). {{ALWAYS RECOGNIZE THAT "ORBIT OF DUTY ON WHICH LIBABILITY MAY BE BASED."}}

In the present action seeking $10 million in damages against the City of New York, the Office of the Chief Medical Examiner, Dr. Lilavois and the Police Department, plaintiff alleges defamation, violation of his civil rights, and both negligent and intentional infliction of emotional distress. He claims that defendants' conduct--including the Medical Examiner's negligent performance of the autopsy, failure to correct the erroneous report and death certificate, and failure to disclose that Andrew's death was not a homicide--"precipitated the destruction of [his] marriage * * * forced him to sell his home and leave his neighborhood, and caused him to become the object of public scorn, humiliation, ridicule, embarrassment, harassment and contempt throughout the City of New York.” He further alleges that he “sustained severe and debilitating emotional distress, emotional anguish, anxiety and mental suffering.”

On defendants’ motion, Supreme Court dismissed the defamation and civil rights causes of action, but allowed plaintiff to pursue his emotional distress claims. A divided Appellate Division modified Supreme Court’s order (see, 258 AD2d 92). All of the Justices agreed that the defamation and civil rights claims were properly dismissed. They also unanimously concluded that plaintiff’s intentional infliction of emotional distress claim warranted dismissal; that any causes of action based on performance of the initial autopsy were immunized as a governmental exercise of discretion; and that the Medical Examiner’s failure to correct the reports and accurately inform the authorities were “ministerial” acts. The Appellate Division divided, however, as to whether plaintiff could maintain a claim for negligent infliction of emotional distress based on those ministerial acts, a majority concluding that he could.

I don’t know if this was a custodial-father case, but the judge citing it here is TWO parents suing the city for damages on the basis of a Medical Examiner’s mistake, and failure to inform them of it. Wife was estranged at the time her appeal was she in 1993? Certainly there are more relevant cases in NY since then, however this judge cites one referring to an infant’s death, bad enough, being deemed a homicide, and tearing up the family’s subsequent decade as “consequential effect” before getting down to business, which is going to be ordering a recalcitrant, alienating ex-wife to jail. Here’s the sentence, again:

While mindful of the consequential future effect of this determination (see, Lauer v. City of New York, 95 NY2d 95, 100), ….

inasmuch as a Court’s finding of willful interference “per se raises a strong probability that the custodial parent is unfit” (see, Young v. Young, supra; Glenn v. Glenn, supra), whena pattern of alienation by the custodial parent is proven in any prior proceeding, that alienating conductmust [emphasis added] be considered and addressed by the Court in any subsequent proceeding involving custody/parental access. See, Audobon v. Audobon, 138 AD2d 658; Martin R.G. v. Ofelio G.O., 24 AD3d 305. Also, see CPLR §4213[b]; Robert T.F. v. Rosemarie F., 148 AD2d 449.

Apparently 4 cites re: alienation are given. 4 to 1, weighing in on the nefariousness of alienation, and it as a basis for action in subsequent custody/parent access proceedings. Wonder if any of those involved a woman as the injured party..

I too think that parents unable to comply with custody orders EXCEPT for good cause (like, death threats — google “Judge Lemkau,” in California, or similar cases in almost any of the 50 states). However, in my case, it meant nothing, even though I’d been repeatedly bringing this up, and myself as a custodial parent (sole physical only) was fit, and never deemed unfit, til — when complying with a court order, my kids disappeared — overnight. And no court or law enforcement (or anyone else) did anything about it. That principle haveing been now thoroughly established, no subsequent court orders were obeyed more than coincidentally, including custody/visitation. At this time, I knew nothing of these programs to help with “Access/visitation” although I specifically (a year before kids were taken) asked a judge for a safer exchange alternative. . . .. However LAUREN & TED’s court order/Stip. is so vague and overbroad as to be ridiculous. At least the part cited here.

The doctrine of res judicata bars the issue of whether alienation occurred in the subsequent change of custody hearing ordered herein. See, O’ bdoherty@chat.nyc.amlaw.corp Brian v. City of Syracuse, 54 NY2d 353, 357; Matter of Waldman v. Waldman, 47 AD3d 638; Braunstein v. Braunstein, 114 AD2d 46, 53; Town of New Windsor v. New Windsor Volunteer Ambulance Corps, Inc., 16 AD3d 403. {{HOWEVER}} Considering that parental alienation of a child from the other parent has been determined to be “an act inconsistent with the best interest of the child (Bobinson v. Bobinson, 9 AD3d 441; Stern v. Stern, 304 AD2d 649; Zafran v. Zafran, 28 AD3d 753; Zeis v. Slater, 57 AD3d 793), and that it has been proven in this contempt proceeding – - the “strong likelihood of unfitness” becomes a “factor” that must be considered in the change of custody hearing ordered herein.

Parental alienation is tied with UNFITNESS as a factor, although res judicata on alienation cannot be an issue in this custody change (as I get it). I tried to llok up “Brian v. City of Syracuse, 54 NY2d (etc.) but so far, it’s mostly this case, a slap in the face that lists the wife as the “Ex-Wife from hell” and is featured on “Parental Alienation Canada.” Father’s Rights groups are rejoicing, and someone even took out a “laurenlippe.com” website where you can see the collateral press damage. Maybe I jumped on the wrong bandwagon here, but I am reading that divorce stipulation, and it just doesn’t look fair.

Protraction or delay in parental alienation cases often serve to reinforce the offending conduct and potentially undermine any remediation that a court could fashion with appropriate therapy, parent coordination, and/or, a change in custody. See, Steinberger, Father? What Father? Parental Alienation And Its Effect on Children, NYSBA Family Law Review, Spring 2006;

{{At least this is honest, and says “Father” and not just “parent”}}

Johnston, J.R., Children of Divorce Who Reject a Parent And Refuse Visitation: Recent Research & Social Policy Implications for the Alienated Child, 38 Fam. L.Q. 757, 768-769. Under the circumstances of this case, this Court’s finding of a willful violation of an existing order of custody in the form of parental alienation requires a prompt evidentiary hearing to determine whether the children’s best interests, under the totality of the circumstances, warrant modification of the previously entered custody order. See, Friederwitzer v. Friederwitzer, 55 NY2d 89; Corigliano v. Corigliano, 297 AD2d 328; Martin R.G. v. Ofelio G.O., 24 AD3d 305; Carlin v. Carlin, 52 AD3d 559.

J.R. Johnston is probably Janet Johnston. I have a post (older) of Lundy Bancroft debating some of her assessments as failing to identify potential abuse — on this blog.

So much to say, so little time. Well, I told you, “Alienation” ain’t going anywhere!

PROCEDURAL HISTORY

By Order to Show Cause dated December 14, 2007, defendant sought an order to have the plaintiff held in contempt for her willful and deliberate failure to comply with the Stipulation of Settlement, dated October 30, 2003, in that she allegedly interfered with his right to frequent and regular visitation with and telephone access to the parties’ children, D. and N.; and by alienating the children from the defendant through numerous acts of disparaging the defendant to the children. {{Parts A 7 Parts B}} The Court granted defendant’s motion by its Amended Decision and Order dated September 9, 2008, to the extent that a hearing was ordered. This contempt hearing was held before me on May 15, 21, July 13, 15, 16, August 3, 4, 5, 6, 17, 18, 19, September 17, 2009, January 4, 5, 6, 7, 8, 11, 12, 19, February 3, and 22, 2010.

If she dished out hell, surely this scheduled was some of it back. How could a single hearing occupy so many days? Because someone can pay an attorney to be there, constantly? or two attorneys? And they put the rest of us through hell/mediation because the courts are clogged? 12 hearings in 4 months, summer 2008, then a year break (no summer vacation for THIS custodial mother with her kids), a ruling Sept. 2008 ordering a hearing and a year break. A hearing Sept. 2009, a season off court and 10 hearings in TWO months…Poor people don’t get this, but this is affecting poor people.

The parties’ Stipulation of Settlement was incorporated but not merged into the parties’ Judgment of Divorce (Stack, J.). Pursuant to the unequivocal terms of the Stipulation, she was prohibited from “alienating the children from the defendant, plac[ing] any obstacle in the way of the maintenance, love and affection of the children for the defendant,” or to “hinder, impair or prevent the growth of a close relationship between the children and their parents, respectively, or cause others to do so.” Moreover, in sharing joint legal custody of the children, she was specifically required to consult with the defendant regarding decisions affecting the children’s education, health and religion. That Stipulation also clearly provided that each of the parties was to “exert every effort to maintain free access and unhampered contact,” “to foster a feeling of affection,” and not to “do anything which may estrange the children from [the defendant] or injure the children’s opinion as to the Father which may hamper the free and natural development of the children’s love and affection for the [Defendant].”

I think most cases are set up for failure from the start. Mine was. Domestic violence precipitated the separation (no divorce action even involved. Despite this, frequent visitation (more than frequent), and so vaguely written a visitation order as to guarantee difficulties around exchanges. Joint legal custody — one cannot do “joint legal custody” with an abuser; there is no “we” anywhere in there. Case in point, the DV. Even before divorce was ever initiated we were handled as though it was just a family squabble, even though a restraining order AND kickout was granted.

Here, Ted apparently was fore-armed to protect any “emotional abuse” by how it was worded. Her own divorce stipulation had a strict prohibition on it, worded in very similar terms to a restraining order; in fact, it in effect was one. The phrase “or cause otehrs to do so,” is in protective orders. If we were a fly on the wall, and read the whole stipulation, would there be ANY prohibitions on the father? The admonition to “both” parents not to estrange the children’s opinion of the Father” is a contradiction. Why would the Father estrange his own children? That makes no sense. The stipulation “not to do ANYTHING which MAY estrange the children from (Dad) or injure their opinion of the Fatehr” — good grief. A woman is to predict their possible response to anything she does or says, at all? How can a court order a party to “foster a feeling of affection.” Define, please !!!

To sustain the defendant’s application regarding contempt, he must demonstrate that the plaintiff has violated a clear and unequivocal court order which actually defeated, impaired, impeded or prejudiced the other party’s rights (see, Great Neck v. Central, 65 AD2d 616) or were calculated to affect those rights (Stempler v. Stempler, 200 AD2d 733). The movant must meet this burden by clear and convincing evidence (Bulow v. Bulow, 121 AD2d 423). The Court may not hold a party in contempt where payment may be enforced by other enforcement procedures (Wiggins v. Wiggins, 121 Ad2d 534), unless such remedies would be an exercise in futility or ineffectual (Farkas v. Farkas, 209 AD2d 316). Upon a finding of contempt, the Court may impose a period of commitment to jail (Powers v. Powers, 86 NY2d 63) or fine, or both.

In this instance, a lawful court order, in the form of a Judgment of Divorce incorporating the parties’ stipulation of settlement, was in effect. The plaintiff was shown to have actual knowledge of its terms. Ottomanelli v. Ottomanelli, 17 AD3d 647; Freihofner v. Freihofner, 39 AD3d 465; Kawar v. Kawar, 231 AD2d 681, 682. This order of parental access was not only in effect before and during the hearing, but unsuccessful efforts were made during the course of the hearing to utilize counseling and parenting coordination to remediate the alienating conduct of the plaintiff. See, Lew v. Sobel, 46 AD3d 893. See, also, Judiciary Law §753; Massimi v. Massimi, 56 AD3d 624.

. . . .

THE COURT’S ROLE IN ADDRESSING ALIENATION

Differing “alienation” theories promoted by many public advocacy groups, as well as psychological and legal communities, have differing scientific and empirical foundations. However, interference with the non-custodial parent’s relationship with a child has always been considered in the context of a “parent’s ability to encourage the relationship between the non-custodial parent and a child,” a factor to be considered by the Court in custody and visitation/parental access determinations. See, Eschbach v. Eschbach, supra. Our Appellate Courts recognize such factor, as they have determined that the “interference with the non-custodial parent and child’s relationship is an act so inconsistent with the best interests of a child, as to, per se, raise a strong probability that the offending party is unfit to act as a custodial parent.” See, Leistner v. Leistner, 137 AD2d 499; Finn v. Finn, 176 AD2d 1132, 1133, quoting Entwistle v. Entwistle, 61 AD2d 380, 384-385, appeal dismissed 44 NY2d 851; Matter of Krebsbach v. Gallagher, 181 AD2d 363, 366; Gago v. Acevedo, 214 AD2d 565; Matter of Turner v. Turner, 260 AD2d 953, 954; Zeiz v. Slater, 57 AD2d 793.

Where, as in the instant case, there is a finding of a willful violation of a court order demonstrated by a deliberate interference with a non-custodial parent’s right to visitation/parental access, the IAS Court, as a general rule, must schedule an evidentiary hearing before making any modification of custody. See, Glenn v. Glenn, 262 AD2d 885. See, also, Entwistle v. Entwistle, 61 AD2d 380; Young v. Young, 212 AD2d 114; Matter of LeBlanc v. Morrison, 288 AD2d 768, 770, quoting Matter of Markey v. Bederian, 274 AD2d 816; Matter of David WW v. Lauren QQ, 42 AD3d 685; Goldstein v. Goldstein, 2009 N.Y. Slip Op. 08995 [Dec. 1, 2009].

. . .

“In vivid testimony, the defendant recalled how the plaintiff willfully prevented him from exercising his rights to visitation with the children from November 4, 2007 through December 21, 2007″

This is approximately one month and some weeks. It is NOTHING compared to what mothers have suffered, often for years, and often without remedy. While it’s wrong, I note that the father filed an OSC by December 14th, and got action on it quickly. I wonder, in those many, many hearings, whether Mom got to testify at all.

Here’s a paragraph of the judge judging her by her emotional affect in the courtroom, and interpreting it:

Plaintiff half-heartedly testified that she wants the children to have a relationship with the defendant. Her view of the defendant’s role was a numbing, desired nominality, evident by her actions that were without any semblance of involvement by the defendant – - notwithstanding the clear joint custodial provisions. At critical points in the cross-examination, plaintiff was noticeably off balance – - hesitating and defensive – - with answers that dovetailed to either narcissism, or, a poor grasp of the affects of her conduct. The plaintiff was dispassionate, sullen, and passively resistant to the alienating efforts of the plaintiff. ***The continued litany of instances of alienating conduct, turned repression of the defendant’s joint custodial arrangement into farce.<+> The endurance in recounting instance upon instance of alienating conduct herein, was as daunting as it was indefensible.<*>

She is wrong for being off-balance, hesitating, defensive (this is a hearing of a contempt, and protesting it is her proper stance as a litigant! Being “defensive” isn’t wrong in this situation!  And anyone might hesitate in giving an answer in court!   Particularly a mother being grilled…

However, a judge throwing around psychological interpretations and language, as if they were FACT (“answers that dovetailed to narcissism or a poor grasp of the affects of her conduct.”) — this is testimony outside his expertise.  (Unless he switched “effects” to “affects”).  He’s trying to sound psychological, and misused the words:  “Affects” characterize people, not conduct.  He’s over-reaching, and over-interpreting.  Here’s yet another evidence of “interpretation” of effect (results) as per se being evidence of a single cause, when most effects of any sort can have more than one, or multiple contributing causes:

The fact that the children were as angry as they were with the defendant in November and December, 2007, demonstrates, in my view, that efforts to alienate the children and their father were seemingly effective. The children demanded that defendant meet “their” demands before they would permit him to visit with them again. They demanded that defendant permit N. to attend F. A., that he withdraw his objection to their participation in therapy with their mother’s therapist

Is it possible that they were angry because they could not attend F.A. or wanted to participate in therapy?  While as minors, they do not get to “demand” anything of their father as a condition of visitation, this judge states that their anger is evidence per se of efforts to alienate.
I’d be sullen too, in any such hearing. But this judge holds it against her. The sentence between *** and <+> makes no sense. The litany was from the father. So, if the “litany” turned (repression of joint custody) into something, then the “litany” was the agent of making a farce. A litany is a religious term, and involves recitation.

The endurance in recounting instance upon instance of alienating conduct herein was daunting” — i.e., Poor, brave, Dad, enduring severe emotional pain by having to recount how many times his rights were disregarded.

Poor brave Dad brought the custody action; someone helped this hearing on — and on, but recounting facts is innate to bringing any action. Also, I wonder why these facts weren’t simply written out in a Declaration supporting the OSC. Why the courtroom drama? No kudos to him for having to recount his own emotional pain. The grammar goes like this, of that sentence: “The endurance . . . . . was indefensible.” Endurance is good. The situation requiring this endurance is what the judge considers indefensible. ENDURANCE — good. INDEFENSIBLE — bad. Basically, the judge is offended.

In this paragraph “reading” the mother, the judge has mis-used “affects” and “litany,” diagnosed “narcissism” (without quoting the counselors in the case, assuming one was actually qualified to diagnose, and had done so, but based on HIS reading of it) and is starting to get his words mixed up.  Maybe that’s one of his “affects.”  Selfishness is a character trait.  “Narcissism” is a different, more extreme term so  over-used, it’s almost become meaningless except to reveal a speaker who thinks him- or herself a psychiatrist.  DSM has become mainstreamed in MSM (mainstream media) and shows up in legal opinions. to lend an air of expertise or authority.

These kids will probably do OK, relative to others in similar predicaments.  I bet they are fed, and they are well-educated.  Consider (evidence of a contempt):

Another example occurred on June 13, 2009, when plaintiff quietly escorted D. from Alice Tulley Hall during the intermission, ignoring the instructions from the G. Y. Orchestra staff that everyone remain until the conclusion of the entire program. Plaintiff purported she was unaware that defendant attended this special program in Lincoln Center. Defendant, who was in attendance at the concert, was left waiting at the stage door with flowers for D. Plaintiff ignored his text messages questioning where his daughter was. The plaintiff, when confronted with the notion that she may have precipitously ushered her daughter away before her father was able to give her flowers, retorted to the Court that “it was not her responsibility to make plans for T.”

Daughter “D.” is in a youth orchestra which performed in Alice Tulley Hall/Lincoln Center.  Whatever else goes on between her parents (and stepdad) she has exposure to some other youth musicians, concertizing, and probably is able to talk with these kids as well.  She will likely go to college and have a good shot at life as an adult.  The “parental alienation” promotion was (ostensibly!) not aimed at families of this income level, though clearly emotional abuse affects everyone.  I have seen worse behavior among rich people than poor, it seems, and the specialty can be forms of emotional abuse.   . . . . In this particular incident, it seems to me that as a joint legal custodial parent, the father, being aware of this concert, might have texted the Mom — I’d like to see her afterwards, rather than just assumed he would, although certainly that was a reasonable assumption, that kids would stay.  However, as these are elementary aged kids (or were, at some point in time, there may have been any number of reasons for leaving before it was out, even despite staff instructions.).

I omitted the central narrative, including accusations of breast-fondling and CPS involvement, which was met with retaliation for reporting by CPS.

https://familycourtmatters.files.wordpress.com/2010/10/ted_rubin-momjailtimeforpa300x450.jpg?w=266

From “Parental Alienation Canada” – the ex-wife from hell

Lippe [ALLEGEDLY] often went nuclear,

launching foul-mouthed tirades at Ted Rubin in front of the girls

– calling him a “deadbeat,” “loser,” “scumbag” and “f – - – ing asshole.”

Just wanted to note:  what was the standard of proof in these hearings?  Because when facts are quoted minus the attribution, by a judge (i.e., who said them) they become facts, in effect.  Interpreting the word “deadbeat” was brought up — who paid for music lessons?  Was this a stay-at-home Mom, or a working one?

In the relationships between people to psychologize without reference to what actually happened, in its larger context, is definitely tricky ground.  In a custody switch to this Dad, is he working FT and remarried?  Who would care for them during the week if not?  Would they then lose any child support he was paying, or is she capable of putting in for it?  Did any of this make the hearing (I’d bet not).

AGAIN, my blogging here is not to say this was a nice Mom or he was a bad Dad.  She has plenty of hate mail, all over the internet, and I haven’t actually found a single positive word anywhere.  So, I took the opposing side, and wanted to know how the jail thing happened to this women, but men who do worse, and go on to murder, are sprung from jail.  Let’s get real about this system.  The reality of their initial stipulation is, it was outrageous.  that’s where the damage occurred.

 

Well, this is a 7,000 word post, and that’s enough for one post. Again — plenty of mothers are no longer seeing their kids, court order or no court order. What are our bankrupt options?

Family Court Injustice

Mom & Kids Need "Just Us" to Fight Family Court Injustice

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Legal Schnauzer

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