Wednesday, September 5, 2012

Comments on Kansas Case Manager Guidelines 2012


From: angelfury@live.com
To: thompsona@kscourts.org
Subject: Comments on Case Manager Guidelines 2012
Date: Wed, 5 Sep 2012 13:50:54 -0500

Comments Below Submitted with permission of Liz Kates

by

Claudine Dombrowski

Just 'another' Kansas Case Management - (non) Success Story, one family - 3 generations ruined and counting  - *ker-ching* 

www.AngelFury.org

www.AmericanMothersPoliticalParty.org

 

PARENTING COORDINATION issues - pros and cons Parenting Coordination is a Bad Idea.   Why:

Let's start with the problems with parenting coordination that every lawyer knows: inappropriate delegation of the judicial function, impediment to court access, and denial of due process. And so on...

The parenting coordinator concept encroaches on family liberty interests, bringing the government behind the closed doors of people's lives, injecting into the private realm a third party who is not in any way more capable than either of the parents are to make day-to-day decisions about their own families, values, and goals.

Parenting coordination is a made-up, make-work field that has been invented by bottom-feeding extraneous "professionals" who have literally reproduced like bacteria in the family court system.

There are no studies indicating that parenting coordinators make good decisions, improve the lives of children or parents, or improve child wellbeing. And, there is no reason to believe they would.

What qualifies a person to make personal family and childrearing decisions for other people -- what physician a child should go to, what school, other academic decisions, what extracurricular activities a child should participate in, family routines and scheduling decisions, seating decisions at the bar mitzvah or soccer game, and so forth? What qualifies a person unilaterally to interpret a court order, or "fill in the gaps" in the details of a legal document, a "parenting plan" (a violation of freedom of contract)? What qualifies a person to do "parenting coordination" to "help other persons implement" a legal contract (marital settlement agreement), as a supposed neutral?

Nothing.

What constitutes "success" at parenting coordination? Who knows. To the parenting coordinator, perhaps getting a nice fee.

To a judge, perhaps that he thinks he's eliminating work, clearing his docket, or just putting off disputes to another day, or another judge. If a judge thinks this is good for the court system, he's mistaken, because parenting coordination will make the congestion worse in the long run. While the parties are being denied immediate access to the judge, the presence of a parenting coordinator counterproductively requires that the door be left continuously open in the case, generating additional issues. The parenting coordinator's ideas introduced into the case, the minutiae that now has a forum, and the inevitable iatrogenic problems virtually guarantee that this is a short-sighted nonsolution to court congestion. Some of these issues may or may not be immediately apparent, and may even avoid detection in short-term surveys of pilot projects (assuming such studies otherwise are methodologically sound, which is unlikely.) The problems nevertheless are foreseeable. And relieving court congestion by hindering litigants' access to court (without regard to whether this is beneficial to families) is, in any event, of dubious validity as a rationale for the denial of due process.

So if relief of court congestion isn't a measure of success in parenting coordination practice, then what is? To one of the parties, that he or she now has an ally? That one of the parties is happy? Parenting coordination advocates of late have been busily setting about to create satisfaction surveys (not unlike the self-serving "evidence" that we saw upon the implementation of mandatory parenting class programs). But that a given litigant is satisfied would not be an indication of success at all unless we know with certainty that that party generally has the more meritable position. It might well be an indication of the complete breakdown of justice. Just as with the parenting class and court docket faux research, we also would have to discount these on studies based on lack of credibility because of $elf-$erving corruption, as well as unintended bias that is built in because of non-random subject selection, unwarranted optimism, self-reporting respondents' fears that negative comments could come back against them, and other methodological problems.

How about an objective measure of success, such as increased family well-being? How is this possible when people are burdened with tasks and negotiations and meddlesome reportings of the details of their days to third parties, when their time and money is consumed, pointlessly, when their privacy is intruded upon by the government like this, and when they are forced to kow-tow to the dictates of a court-appointed, decision-making autocrat in every area of their most intimate lives? It's not.

Are there better child-rearing outcomes? As compared with what? Defined how? And if not, what the heck are we supposedly doing here? Under any definition, increased child wellbeing has not been shown to flow from any of the ideas of applied therapeutic jurisprudence, i.e. trade promotion, in the family courts. (In fact, increased well-being in the population generally has not been demonstrated by any research from the burgeoning of psychological interventions and therapies over the decades.)

Just as with custody evaluators and guardians ad litem, and even to a large extent, the practice of mediation, there is no way to do any decent studies in this area. Benefit is not even apparent informally across demographic groups. Don't fall for self-serving industry articles spinning speculation. Research will never demonstrate any benefits from many of these ideas, including parenting coordination, because credible studies simply cannot be done. Even, inappropriately, after the fact. (If you don't understand why, contact me privately and I will direct you to material on social science versus science, experimental methodology, logic, and how to do critical reading and thinking and not be such a credulous patsy.)

The parenting coordination concept is an infection that causes all of the problems that custody evaluators and GALs bring into the family court system, and then some. Again, what qualifies a third-party stranger parenting coordinator to make daily family life decisions for other people? Nothing. And nothing ever will. Many of these kinds of decisions are made based on a free individual's own private life, relationships, desires, work needs, schedule, and personal values, beliefs and goals. The parenting coordinator makes decisions based on the parenting coordinator's own private agendas, preferences, motives, work needs, values, beliefs and goals -- and which party the parenting coordinator just happens to like better (which already is the unfortunate but real basis for most of custody evaluator and guardian ad litem opinings). The decision-making is based on, inter alia, intangible personality things as well tangibles such as who likes them and pays them timely and well.

Many, if not most, lawyer parenting coordinators as well as many mental health professionals, notwithstanding their ostensible "training", completely lack psychological insight. That's because it's not a function of academic training. Parenting coordination also is not "co-parenting therapy" (which rarely works anyway -- witness all the mental health professionals lobbying, writing, organizing, promoting, bucking for the authority to be mini-judges and dictators in a "parenting coordination" role.) Most mental health professionals also lack a clue regarding the repercussions in law of their ideas (a more obvious deficit, since they are probably not lawyers), yet these are people supposedly interpreting and "filling in the gaps" in legal documents!

The primary reason there is no valid "training" to be had is that there is no body of expertise, no foundation of knowledge, upon which to base any such training. It's... all just made up. Maybe they're smart? Well, not versus all possible litigants by a long shot, and no stranger will understand the daily life and routines, family members' needs and personalities, the interactions going on in someone else's household or the effects of their ideas in practice unless they actually spend considerable time in that household. Which, of course, they don't.

To go back to the court congestion problem that is moving the legislatures and courts to embrace the parenting coordination lobbyists' arguments: parenting coordination provides a forum for the arguing of minutiae that, in the absence of a parenting coordinator, the parties would have to work out, and learn to work out, on their own, or just let go. In other words, it addresses issues that wouldn't be there in the first place! It cannot prevent the litigation of issues that aren't within the purvue of the parenting coordinator to begin with, but still must be addressed by a judge. With regard to these other issues, however, when the parenting coordinator makes a bad decision, or oversteps authority, simply because this was the decision of a third party, that opens the door to the courthouse for matters that otherwise would not have had a forum, or would not have existed at all. The very presence of a parenting coordinator, like an uber-parent for the parents, itself creates opportunity for petty squabbling, encouraging it because, ironically, just like a misguided inept parent, the third party (getting paid for his time) is ready and available to intervene in all manner of disputes, thus retarding rather than encouraging growth and cooperation. Conflict is something that harms children. 

Parenting coordination creates its own conflicts. And it not only encourages new conflicts, but creates a number of other foreseeable harms.

Parenting coordination is expensive, even at hourly rates less than the ordinary rates charged by these professionals when they do real work. This is so because the cost is for extra work, on top of the lawyers and litigation expenses the parties still have to maintain; the parenting coordination process actually does not eliminate any of this. Rather, it adds on additional professional expenses to handle minutiae that otherwise would not be creating expense. Ultimately, it's very expensive because any expense that does not yield something of equivalent value is a waste of money. Moreover, having a parenting coordinator at the ready permits one party to spend the other's funds by unilaterally contacting and choosing to bring issues before the parenting coordinator. Generally, both parties have to pay a portion of the parenting coordinator's fees; usually these are divided 50-50, and timely payment of the parenting coordinator's fees also becomes a matter of high concern for the parenting coordinator, adding that issue into the case.

Once appointed, the parenting coordinator has absolutely no incentive to work himself or herself out of a job. The potential amount of work is open-ended and in large part able to be self-generated by the parenting coordinator. The schedule is flexible and the royalties can go on indefinitely, until the parenting coordinator is removed (but not "for cause" because this would have to be based on criteria of success that largely is unable to be established). (How nice for the parenting coordinator.)

Frequent and typical make-work by the parenting coordinator includes forcing people to include the parenting coordinator in all communications and emails, provide the parenting coordinator in advance with parents' and children's schedules and activities, meet at the whim of the parenting coordinator, provide the parenting coordinator with school documents and medical records, and the like. Churn, churn, churn, duplicate, churn...

Parenting coordination intrudes on privacy. Among other things, parenting coordination permits the state via a state-appointed agent to demand information and details about people's lives that then can be brought back into court by the opposing party, effectively becoming ongoing compelled government discovery, contrary to the Fourth Amendment.

Individuals who choose to do this "work", to become parenting coordinators, are the equivalent of paid yentas and neighborhood meddlers. They tend to be individuals who cannot make a go of practicing the profession for which they were ostensibly educated and licensed -- the incompetent, the inexperienced, the nincompoops, the untalented, the lazy and/or the burnt-out. A good number have ulterior agendas, conscious and subconscious, either political agendas, or agendas of the psychologically issued psychic vampire or petty tyrant variety. Many parenting coordinators have axes to grind and strongly held personal beliefs about how other people's lives should work, what constitutes "fairness", fathers' or mothers' rights, parental values and roles, and so forth, as well as a need to re-visit, re-live and normalize their own family-of-origin issues.

A big draw for doing parenting coordination work is, of course, that while parenting coordination promoters tout the "lower cost", meaning that they are willing to settle for lower fees per hour for this work rather than their other work, the work itself is relatively brainless. And it's unregulated and practicably unable to be regulated. There is no efficient or effective oversight. Being unregulated means that there is no recourse against the parenting coordinator for malfeasance or malpractice. For good measure, as added insurance against malfeasance, many, if not most parenting coordinators require the parties to sign various consents and waivers of liability. Some statutes and procedural rules have formalized the lack of accountability as well. (How nice for the parenting coordinator.)

If you've heard argument otherwise, that the field was chosen in order to "help" (dictate to other) people, or because they were "frustrated" as lawyers or psychologists or mediators in not being able to "help" (dictate to other) people, then given the relatively lower (albeit no-overhead) hourly fees charged for parenting coordination, ask how much unpaid voluntary work the person has done. Query why this ostensible advice-giving do-gooderism wasn't just done through their church, or a community charity agency, and offered to all-comers in their avocational spare time on a no-obligation basis, while in their regular working time, they just continue to practice the profession for which they actually were trained and licensed. That's how good samaritans and persons with kindly, charitable intent usually "help" when that's the actual motive and they already have a real profession to practice in the family court field.

The nature of the function as designed enables parenting coordinators to churn money by insisting on all manner of crap that involves them, under circumstances in which their decisions cannot be second-guessed, even by a judge. The parenting coordinator's "work" cannot conveniently be reviewed by a judge because the "proceedings" with a parenting coordinator are informal, undocumented, and outside of the court and due process. In many jurisdictions, the parenting coordination practice essentially is professed to be "confidential except when it's not." (More on this, below.) Also, there is no criteria of "success", no standard of satisfactory practice. All fuzzy. If and to the extent acts or omissions of the parenting coordinator are contested, no matter what occurs, the parenting coordinator simply can "remember" conversations and events differently from the way they really happened. If contested, the parenting coordinator also can -- and will -- employ the ready CYA alibis of "high conflict custody case" and one parent's ostensible irrationality or prevarication.

Many of the lawyers, mental health professionals, and erstwhile mediators and guardians ad litem who want to do parenting coordination have no actual experience themselves as parents, let alone as caregiving parents, let alone as single parents -- or with blended family issues, or with children with particular issues, or in "shared parenting" or divorced situations. Some do, and as noted, more often than not, they are normalizing their own issues. These advice-givers do not necessarily hail themselves from successful well-functioning families. Parenting coordinators bring to their job their personal opinions and values and speculations founded on their unknown personal backgrounds, including some of the most dysfunctional (and undisclosed) personal familial histories, and implement their personal and political agendas. They are the antithesis of "wise persons", who generally are not found among neighborhood gossips or those who relish involving themselves in the mundane details of other people's lives.

Time spent with the parenting coordinator, where not catering to the dysfunctional weak or abusive litigants who are hoping for support or a sounding board is tedious and time-consuming for the parents. The same timewasting, of course, represents a ca-ching in the bank account of the parenting coordinator, which encourages plodding and more time-wasting meetings and talkings. (Meanwhile, the litigant fantasy of having a parenting coordinator "on the case" as an ally will end quickly when the selected parenting coordinator in this crapshoot aligns with the other parent.)

Parents are placed at the whim of all kinds of arbitrary demands made by the parenting coordinator, including for the payment for their time, which is largely in the control of the parenting coordinator and possibly the other party. (This applies, to a great extent, as well, to various court-appointed therapists and GALs). Given the presence of the parenting coordinator, and the payment incentive, every decision, no matter how petty or absurd, is open for endless discussion and rumination. In addition to being time-consuming, this is a delight for stalker-harasser abusive types, as well as those who just won't let go of the other party.

The parenting coordinator can think up all kinds of activities to do and with which to require the parents to comply: pseudo-therapy (unregulated of course by the licensing boards because it's "not really" therapy, and it's "not really" law); "communications counseling"; "coaching"; reading of materials; various "educational" homework assignments; meetings with one or the other of the parties, meetings together, meetings with various combinations of others; demands for disclosure, frequently in writing, of private thoughts, emotions, and information; consultations and strategy sessions with the children's guardian ad litem and parents' court-ordered or parenting coordinator-ordered therapists; meetings with the children's physicians and teachers; meetings with anyone at all; ordering of a parent into supervised visitation or therapeutic visitation; recommending to the court therapies of all kinds with yet more of the helping professionals -- almost anything. Confidentiality? That's a pipe dream. It's only "confidential" when that suits the parenting coordinator, and there's a court issue. But under the pretext of having to gather information, the PC has authority to yammer to pretty much everyone in the community. And if a parent doesn't comply, there are sanctions, imposed both by the parenting coordinator and the court for "noncompliance".

Does this not strike you as an outrageous and unconstitutional denigration of the First Amendment freedom of speech and association, Fourth and Fifth Amendment privacy rights, and the fundamental parental rights of perfectly fit parents, as to whom the state would be unable to file a dependency action and remove their children to foster care? Free, competent individuals are entitled voluntarily to subject themselves to private judges and arbitrators, of course. But why would any informed and reasonably intelligent individual who is not under duress and coercion, ever agree to living with one who cannot be appealed, discharged, or limited to issues brought before him? Answer: they wouldn't. Either these litigants were not properly informed (in any number of ways), or they indeed were under inappropriate coercion of some kind that rendered their consent essentially involuntary.

How-to techniques for would-be parenting coordinators in this newly invented "profession" consist of almost anything the parenting coordinator might dream up, sprinkled with suggestions and teachings borrowed from law, psychology, mediation and other practices, as well as fantasies from other imaginative self-styled professional parenting coordinators in the recent explosion of manuals, books and trade-promotion "trainings". (Until enough fools sign on for this cock-'n-bull to fill a workweek, for the ambitious, there's still money that can be earned professing to be a mavin).

Parenting coordination "training" materials comprise mostly stuff plucked from the asses of their inventors.

Doubt me? Read some of it. Parenting coordination methodology includes such things as ordering people how to talk with each other ("use my template"), ordering parents in what method they may or must talk with each other ("email only, and you must copy me"), and even uttering orders to parents regarding when or whether they must or may not meet and/or communicate with each other, with the parenting coordinator, with the court or their own lawyer, and with other people such as extended family, all in astonishing violation of fundamental constitutional rights. To facilitate all of this, parenting coordination orders, agreements, "voluntary" consents, "understandings" and intake forms generally require the parents to sign away all manner of these constitutional rights -- in what is, essentially, a busybody's lucrative wetdream.

As previously noted, having a parenting coordinator on a case keeps the case continuously open and invites it to explode into endless issue-making, rather than being finally resolved, and in doing so, actually creates more, not fewer, problems for both the litigants and the courts. Sometimes a case does appear to resolve, but all too often that is only because the financially or emotionally weaker party, or the party unfavored by the parenting coordinator, just gives up in defeat, beaten away by the constant undercurrent threat of litigation, the harassment, and the need to avoid continuing costs.

(If judges' goals here are to get people to just shut up and go away, we could eliminate all of the docket problems in the civil courts and achieve equally fine results just by closing the courts altogether.)

Parenting coordination, the latest of the therapeutic jurisprudential ideas, is dangerous, and not merely because of the distortion it makes in the judicial system and of due process. In recent years there has been a burgeoning of child abuse and deaths stemming from child custody disputes in which abusive individuals get custody and visitation rights, correlating with the rise of joint custody theory and the intrusion into the family courts of therapeutic jurisprudence. Unqualified strangers can and will make bad decisions that simply cannot timely be brought to court, cannot effectively be reviewed by the court, or which are prohibitively expensive to bring to court. Parenting coordinators have missed domestic violence. Conversely, in one Florida appellate case, a parenting coordinator wrongly claimed that domestic violence had occured when it hadn't, prompting an emergency change of custody. Parenting coordinators have assumed facts that are not true. They have perceived emergencies or situations incorrectly. They have mischaracterized events and made egregious judgmental mistakes. They have lied outright. See the cases. The concept is dangerous because parenting coordinators are not and practicably cannot be subject to any effective oversight. Each case is different, there are no studies, there is no body of knowlege, there is no methodology, there are no licenses, there are and can be no effective regulations, there are no actual practice parameters other than aspirational sound-goods, such as "be neutral", there are no definitions of a successful outcome, and it's all vague nonsense or worse.

Depending on the vagaries of the practice from time to time in this or that jurisdiction, parenting coordinators effectively have license to wield heavy authority and extremely biased power, opining back to and influencing judges, bringing issues into the public domain that do not belong there and which were not brought into the case by either party, siding with one party unfairly (even developing personal relationships with one of the parties), and recommending or just ordering the parents to hire the parenting coordinator's own cronies for therapies and guardianships and evaluations. It's a recipe for more corruption and an insult to the rule of law.

Parenting coordinators can -- and do -- violate the terms of parties' contractual agreements as well as the law. Lobbyists for statutory implementation of this role have argued, speciously, that oversight does indeed exist because, well, "if the parties are not happy, they can always go back to court". But real life doesn't work that way, and it especially does not work that way under these circumstances. "If you don't like it, then take it to court" is a dare that can be thrown out cavalierly, because the parenting coordinator role permits these court appointees to hold over the head of objecting parties the power -- baselessly presumed to be executed in good faith -- to obtain the ear of the judge first, and to poison the well. They also hold more credibility before before the judge than those lunatic, bitter, embattled, unreasonable, "high-conflict", personality-disordered parents. They can and do function as shadow witnesses ex parte, to provide the judge (directly as well as indirectly through guardians ad litem, other witnesses, and even via support to one of the parties) with information, evidence and innuendo. Their inexpert opinions can and frequently will label one of the parties as the recalcitrant, the wrongdoer, the deadbeat, the crazy, or the "uncooperative" one.

So "take it to the judge" does not work, particularly post-decree, when a party may be short of time or funds, or may no longer even have a lawyer. And it does not work because in many courts, days or weeks, or months may go by before a party can get a hearing. And it does not work because an objecting party has to overcome not only the parenting coordinator but also the opposing party -- being out-voted from the git-go, two against one, a problem also inherent in the family court guardian ad litem role, but potentially even worse in this instance because the parenting coordinator solicits support from the guardian ad litem, the appointed therapists, and the rest of the courthouse cronies. And it does not work because "going back to court" means risking the irritation of the judge who appointed the parenting coordinator in the first place precisely because he didn't want to hear about it. There is no oversight.

Difficult to remove in any event once appointed, the parenting coordinator is even more difficult to remove when he or she is biased (and that's a better than even bet, given the nature of ongoing informal relationships with people, especially where there is money at stake, and especially given who is drawn to this line of work). Bias should be one of the grounds that immediately would mandate removal of a parenting coordinator, but it also means that the parenting coordinator will be vested in preserving his own aura of competence and neutrality (as well as current and future income stream), all the while being validated by the party with whom he is aligned. Moreover, how does a party prove "bias" when the ubiquitous explanation is that the "disgruntled" party who didn't get his or her way always makes this claim of "bias".

There is no way to tell in advance who might be a "good" or "helpful" parenting coordinator. Families differ, circumstances differ, and personalities differ. To parties disputing this, or buying into a sell-job from some mental health professional, mediator, or burnt-out lawyer, I would ask: how great were you in deciding in advance who to marry, or with whom to have a child. What makes you believe that the third party who wants this easy work will be a second voice on "your" side?

In the inane insistence that "both" parents "participate" in making decisions regarding the child, in order to avoid stalemate, parenting coordination is the tool for unworkable custody and timeshare arrangements, notably joint custody, which removes from BOTH parents the right to function with authority and automony. A big flaw in the concept of joint custody is that, instead of having at least one functional parent, the joint custody child now has two ineffective half-parents who may not function except in tandem, and ironically they are typically the kind of parents least able to pull this off. With a parenting coordinator or guardian ad litem added into the mix, the child does not even have that, because instead of two half-parents sharing an undivided fundamental parental liberty interest, the child has half-parents who report to a parenting boss. It's involvement by the state in the complete absence of any actual threat to the child that ordinarily would justify state intrusion like this.

One should counter: if a third party stranger, based upon no established field of expertise whatsoever, is supposedly qualified to make and facilitate decisions impacting other people's family lives, something that is not even usually encouraged in clinical therapy, then why is not the better solution just to assign that authority to one of the parents? The spheres of decision-making authority can be allocated too. It would be easier, cheaper, quicker, and done. And at least then the child would have one real and functional authoritative parent, something that IS demonstrably evidenced in the research to be necessary for child security and well-being.

While the rhetoric is rampant that parents are less likely or unlikely to consider their children before themselves in their decision-making when they are embattled in divorce and post-divorce issues, no research actually substantiates this concocted rationale.

The rationale first was invented by psych trade groups to lobby state legislatures for guardians ad litem in family law cases, and later was used to justify in part the appointment of custody evaluators. It's become yet another family court system truism without a shred of foundation. The anecdotal claims (if you even get that much, get any anecdotes) of individuals who have a political or profit motive, peddling their services to the market, are just not credible, especially as to historic primary caregivers. No one is as interested in or vested in their own children's happiness and wellbeing as the child's own parent, or, if you must, as between two parents, than the one who already has shown higher attachment and commitment.

Parenting coordination stands as proof positive that something is very, very wrong with the substantive direction of child custody law in recent years. As more and more mental health professionals stream into the court system, get involved in bar associations, and encourage lawyers to mix it up in "multidisciplinary" organizations, the substantive laws are getting worse. The problems consequently are getting worse. The solutions for the iatrogenic problems caused by these therapeutic interventions are more and more of them. That's dysfunctional. That cure is "hair of the dog that bit you" and goodgod, the "science" of the psychological experts is about as valid. There's a better solution. You should know what that is by now. Just Say No.

Comments Submitted with permission of Liz Kates

by

Claudine Dombrowski

Just 'another' Kansas Case Management - (non) Success Story, one family - 3 generations ruined and counting - *ker-ching*

www.AngelFury.org

www.AmericanMothersPoliticalParty.org

Monday, August 27, 2012

Congressional Report On Fatherhood Funding Used in Family Courts, Child Support Agencies Engaged In Financial Fraud, Senate Finance Committee Hearing, June 2012

Note:
"Showing definitively that the child support agencies are engaged in financial fraud when they meddle in custody cases, kids are getting sold out and killed to the abusers the agency promotes and covers for." - AMPP

Combating Poverty: Understanding New Challenges for Families

Congressional Report on Fatherhood Funding Used in Family Courts and Testimony Submitted to Senate Committee hearing on “Combating Poverty: Understanding New Challenges for Families” that took place on June 5, 2012.

http://www.finance.senate.gov/hearings/hearing/?id=0a85a99b-5056-a032-52f7-b827ad9732ba

##

Dear Senate Finance Committee,

Please accept this testimony with regards to the Senate Finance Committee hearing on “Combating Poverty: Understanding New Challenges for Families” that took place on June 5, 2012.

Attached is a copy of the July 2011 letter from Office of Child Support Enforcement (OCSE) Commissioner Vicky Turetsky to Senator John Kerry which declined to provide Senator Kerry with the information he requested, or follow up on his concerns regarding misappropriated funds. Turetsky essentially states that OCSE does not have any obligation to oversee OCSE program funding once the checks are cut from the Federal office to the State programs. Instead, Turetsky referred Senator Kerry’s concerns over OCSE fraud to the HHS OIG, who months before took the position that they lack jurisdiction to investigate a State child support program. So who is watching the hen house?

Our main concern is that Congress should distinguish between and place paramount the TANF programs which are means tested and provided to needy women and children below the poverty line, as opposed to the predatory TANF programs bankrupting the country by placing any unfit or unwilling father--even millionaires who abandon their kids--onto the welfare roles. Attached is a copy of an article this issue for the Huffington Post entitled “Top 5 HHS Programs Endangering Women And Children” that can also be found on line at: http://www.huffingtonpost.com/anne-stevenson/top-5-hhs-programs-endang_b_1511613.html

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and the Temporary Aid to Needy Families (TANF) program it created transformed welfare policy by drastically reducing and shifting federal assistance away from the homes of mothers and children and into the homes of violent male offenders. The original intent of welfare reform was to require States to function as collection agencies, recovering financial support from parents who had willfully abandoned their parental responsibilities to their children. These policies have drastically backfired because:

  1. it dedicated billions in TANF to programs for childless fathers that are not needs based,
  2. created redundant “to work” programs via HHS which were already funded via the Department of Labor and the Department of Education, but then excluded women and children from participation by labeling them Responsible Fatherhood programs,
  3. the HHS Office of the Inspector General (OIG)[1]and the Government Accountability Office[2]determined that the programs lacked oversight and are riddled with fraud, and
  4. State welfare programs adjusted their environment to have a greater need by casting a wider, less transparent net.

90% of those receiving TANF benefits are single mothers,[3]so does it make sense to exclude them from the “to work” employment assistance component of welfare reform? Instead of helping children, welfare reform created a new breed of dangerous Kings through HHS Office of Child Support Enforcement when it began using non-needs based TANF programs to subsidize the homes and legal battles of the unfit, unwilling, and violent fathers (like mass murderer John Muhammad, the Beltway Sniper.[4])

OCSE is a federal agency which is supposed to be gender neutral and pro child, but is it? Note that Commissioner Turetsky was previously employed by HHS contractor Manpower Demonstration and Research Corporation (MDRC,[5]) and that Ron Haskins is on the board of directors at MDRC.[6]Haskins is co-director of the Brookings Institute’s Center on Children and Families, a senior consultant at the Annie E. Casey Foundation, former Senior Advisor to the President for Welfare Policy at the White House, who spent 14 years on the staff of the House Ways and Means Human Resources Subcommittee.[7]Haskins is also on the board of the National Fatherhood Leadership Group with several other former HHS affiliated officials,[8]yet together, Haskins and Turetsky promoted/solicited federal funding for MDRC policies and programs[9]that diverted TANF assistance to childless, wealthy offender fathers while targeting and excluding abused children and mothers. Is this a conflict of interest?

We can identify no legitimate purpose for these programs and request that Congress take the following actions:

  1. Revoke or reduce funding to Administration for Children and Families (ACF) child support incentives, Access and Visitation (AV) programs, and gender based funding to child support agencies.
  2. End collateral child support/custody funding mandates.
  3. Overhaul Office on Child Support Enforcement (OCSE) on the federal level to remove staff with conflicts of interest and bias.
  4. Audit OCSE to find out where our tax dollars are actually going, and then implement rigorous transparency, oversight, and accountability measures on programs.

I. OIG DETERMINED THAT OCSE PROGRAMS ARE RIDDLED WITH FRAUD.

In 2011, the Office of the Inspector General released a report[10]called “Rollup Review on States' Reporting of Undistributable Child Support Collections as Program Income” that concluded 21 of the 23 States audited failed to properly report program income, and were hoarding tens of millions in child support collections by [intentionally or unintentionally] failing to make sufficient efforts to locate the children the resources are intended to benefit. Only a hand full of counties out of the several hundred contained in the relevant States were audited, and a review of the initial reports shows discrepancies that indicate the problem may be much larger than what the Administration is willing to admit.

The State agency classifies child support as “undistributable arrears” when it collects a child support payment but cannot identify or locate the custodial parent or return the funds to the noncustodial parent. Federal mandate requires that at the time when State law deems the funds “abandoned,” States must recognize and report the unallocated funds as program income in order to offset program costs. The Federal policy is that abandoned collections are then split 66% Federal share, 34% are retained by the State. However the OIG determined that all of the States had [intentionally or unintentionally] devised various “set up to fail” support distribution systems that allow the Agency to improperly hoard the child’s money in State coffers by mislabeling it “abandoned property.”

Examples of “set up to fail” policies the OIG listed include:

  • send checks to the wrong address,
  • illegal liens on accounts
  • create massive arrears, give dad the tax benefit, then garnish the tax benefit,
  • put child support it in trust accounts during litigation-that lasts more than 3 years,
  • retroactively abate arrears, then keep it for themselves without telling either parent.

The OIG determined that while some States claimed to be unaware of Federal reporting requirements, “These deficiencies occurred because States did not have adequate controls to ensure that undistributable child support collections were recognized and reported as program income in accordance with Federal requirements.”

In each instance, the OIG recommended solutions that failed to require State agencies to improve disbursement methods to ensure delivery of the funds to the child’s home. Instead, the OIG’s focus was to ensure the increased the State’s accuracy and compliance with Federal reporting requirements to ensure that the Federal HHS office received its’ 66% share of program income. The audits were done for support collected between 1999-2007, 23 states audited, but only a couple counties within each state were audited---NOT the entire state's child support system. So the fact that like Michigan may have audited 18 counties out of a total of 85 counties, and that those 18 counties stole $8 million from Michigan families is significant. What would the number be if they did audit the whole state?

But the 2011 roll up report is also incorrect for another reason---it appears to have under estimated the original auditor's findings. The 2011 "roll up" report is a collection of the findings in the original 23 states, most of which were complete by 2009. So I obtained copies of the original audit reports for every state, and found that many states were caught with their hands in the cookie jar for millions and millions of dollars, but the 2011 has them down as owing $0 sometimes.

1. Cook County, Illinois: (102 Counties in IL, not sure why it appears only 1 is audited)
http://oig.hhs.gov/oas/reports/region5/50400039.pdf
2011 Roll Up Total: $1.8 million, 2005 report: $3.4 Million

2. Michigan: (85 counties, only 18 audited?)
2011 Roll Up Total: $5.3 million

2006 report: $8 Million

http://oig.hhs.gov/oas/reports/region5/50500033.pdf

3. Georgia: (159 counties, none audited, just the state program---so my impression was that the county courts contracted by the State who collected support independently but not through state coffers were never reviewed)

2011 Roll Up Total: $238,000

2007 report: $1.2 million

http://oig.hhs.gov/oas/reports/region4/40603506.pdf

4. California: (58 Counties, only 3 audited)

2011 Roll Up Total: $1.45m

2007 report: $3.3 Million

o Orange county: $2.2 million
http://oig.hhs.gov/oas/reports/region9/90600040.htm
o Riverside County: $245,000
http://oig.hhs.gov/oas/reports/region9/90700049.htm
o Los Angeles county: $878,000
http://oig.hhs.gov/oas/reports/region9/90800024.asp

But the LA county report is perhaps inaccurate for another reason, because at the same time the OIG conducted the audit, Attorney Richard Fine sued LA County for holding $14 million in child support collections from LA county children.[11]He won the case, and the county had to disburse the $14 million to the families. But this total is not included in the OIG's report.

II. TANF CHILD SUPPORT PROGRAMS ADAPT TO ARTIFICIALLY INCREASE NEED FOR THEIR OWN SERVICES

These reports and others reflect the fact that TANF’s generous collection incentive policies may have in effect created a child support vacuum as States to adapt their practices to reflect a greater demand and need for resources that are ultimately withheld from needy families.

  1. Recovery Act: Thousands of Recovery Act Contract and Grant Recipients Owe Hundreds of Millions in Federal Taxes
  2. Government Accountability Office report recently came out which shows that these HHS grant recipients owe us struggling taxpaying families hundreds of BILLIONS in taxes. http://www.gao.gov/products/GAO-11-686T
  3. GAO REPORT: Child Support Enforcement: Better Data and More Information on Undistributed Collections Are Needed http://www.gao.gov/products/GAO-04-377
  4. Medicare and Medicaid Fraud, Waste, and Abuse: Effective Implementation of Recent Laws and Agency Actions Could Help Reduce Improper Payments http://www.gao.gov/products/GAO-11-409T
  5. Child Support Enforcement: Departures from Long-term Trends in Sources of Collections and Caseloads Reflect Recent Economic Conditions http://www.gao.gov/products/GAO-11-196

In fiscal year 2009, the child support enforcement (CSE) program collected about $26 billion in child support payments from noncustodial parents on behalf of more than 17 million children. The CSE program is run by states and overseen by the Department of Health and Human Services (HHS). States receive federal performance incentive payments and a federal match on both state CSE funds…The Deficit Reduction Act of 2005 (DRA) eliminated this incentive match beginning in 2008, but the American Recovery and Reinvestment Act of 2009 temporarily reinstated it for 2 years. This 2011 report[12]found that although the American Recovery and Reinvestment Act of 2009 provided generous matching funds on State support collections:

“In fiscal year 2009, the CSE program experienced several departures from past trends. For one, child support collections failed to increase nationwide for the first time in the history of the program in fiscal year 2009… Also in fiscal year 2009, the number of CSE cases currently receiving public assistance increased…Preliminary HHS data show that total CSE expenditures grew by 2.6 percent in fiscal year 2008 as many states increased their own funding to maintain CSE operations when the federal incentive match was eliminated…In contrast to fiscal year 2008, a different picture emerged in fiscal year 2009, when the incentive match was temporarily restored but total CSE expenditures fell slightly by 1.8 percent, which HHS officials told GAO was due to state budget constraints. Most states nationwide have not implemented "family first" policy options…because giving more child support collections to families means states retain less as reimbursement for public assistance costs.

  1. Administrative Expenditures and Federal Matching Rates of Selected Support Programshttp://www.gao.gov/products/GAO-05-839R

III. TANF PROGRAMS FOR CHILDLESS FATHERS ARE NOT NEEDS BASED.

If the goal of some Fatherhood programs is so child support benefits “trickle down” to the child during tough economic times, why does Commissioner Turesky’s department make TANF available to the 1% of child support debtors making more than $50,000-who are unfit or unwilling to have kids live in their homes?[13] Unlike the welfare programs for women and children which had restrictive income eligibility requirements, TANF diverts billions of dollars through the U.S. Department of Health and Human Services (HHS) Office of Child Support Enforcement (OCSE) to non-needs based programs exclusively available to unfit and unwilling fathers, such as Healthy Families Initiatives, Responsible Fatherhood Initiatives, and Access and Visitation Initiatives.

Benefits from Responsible Fatherhood programs to childless abusers include:[14][15]

  • Child support obligations are suspended
  • Free attorney representation in the family courts to fight for custody
  • Free housing
  • Direct cash incentives
  • Free groceries
  • Free car maintenance, gas, and other transportation costs
  • Free healthcare and dental care

These TANF benefits are not intended to directly reach children, their purpose is to reward the unfit and unwilling childless fathers who lost custody of them. The incentives are structured so that the State will only benefit if children are removed from loving homes, then arbitrarily placed with male offenders who previously lost custody. If the programs do not successfully increase in the percentage of noncustodial fathers who file for and win custody, they will not get paid.

HHS reports show that 80% of Fatherhood program participants are court ordered to attend, [16]and many are recruited directly from prison.[17]In 2000, Commissioner Turesky authored a paper for the Center for Law and Social Policy (CLASP) that concluded:[18]

"Many women trying to leave an abusive home rely on the Temporary Assistance for Needy Families (TANF) program. According to the U.S. Department of Justice, financial assistance to women in poverty may lessen their risk of violence… about 20 percent of women receiving cash assistance are current victims of domestic violence, while about 50 to 60 percent have experienced domestic violence during their adulthood."

Considering that Commissioner Turesky also claimed in a 2006 CLASP policy brief that 70% of all child support arrears are owed to the government to pay back TANF costs,[19]doesn’t this mean that the overwhelming majority of fathers enrolled in compromise of arrears programs are violent, unfit fathers? This may explain why recent studies found children fare far worse when support is court ordered.[20]

The programs also punish the majority of responsible fathers who willingly provide love and support to their children. Using the virtually unregulated child support system as a vehicle and the father's will to evade prison time as collateral,[21]the fathers are told they can risk their liberty and property attempting to pay down arrears, or alternatively, sue the mother for custody using a variety of federally funded "supports." Children in safe homes do not need rehabilitation, so often times a “need” is created by the State by placing children deliberately in an unsafe home.

The effect of these Fatherhood and welfare reform policies is to place the middle class on welfare by “leaving no family member undiagnosed” when they come into contact with the family courts.[22] At the beginning of a custody case, only the offender is sick, but if one violent offender gets custody, the whole family needs treatment. Consequently for courts and social services agencies to appoint dozens of federally funded family court mental health and legal professionals onto the case to sustain the deadly custody rights of a single violent father.[23]

IV. THE GAO DETERMINED THAT OCSE FATHERHOOD PROGRAMS ARE RIDDLED WITH FRAUD.

HHS fraud costs tax payers $60 billion per year, and it is not improving.[24]When you start to look at how many contracts are going to the same network of providers like Manpower, Maximus, Goodwill Industries, etc. with inside connections to HHS Administration, it is also worth asking yourselves if and when Congress will investigate these conflicts of interest?

In 2008, the GAO released a report entitled “HEALTHY MARRIAGE AND RESPONSIBLE FATHERHOOD INITIATIVE: Further Progress Is Needed in Developing a Risk-Based Monitoring Approach to Help HHS Improve Program Oversight”[25] that concluded that these programs were riddled with fraud and not performing.The GAO concluded that HHS failed to create oversight mechanisms or standard performance goals prior to disbursing $500 million in grants to hastily chosen programs meant to serve children living in high-risk families:

“HHS…lacks mechanisms to identify and target grantees that are not in compliance with grant requirements or are not meeting performance goals… Our review of grantee case files found documentation of grantees that were not meeting performance targets…or not in compliance with grant requirements, such as providing only those services allowed under the grant.”

Report Highlights:

$500 Million Unconditionally Given To Activists:

Operating under a deadline that allowed HHS 7 months to award grants, HHS shortened its existing process to award Healthy Marriage and Responsible Fatherhood grants to public and private organizations. During this process, HHS did not fully examine grantees’ programs as described in their applications, including the activities they planned to offer, and this created challenges and setbacks for grantees later as they implemented their programs. –P. 2

Failure to Implement Uniform Standards, Policies, and Procedures:

HHS uses methods that include site visits and progress reports to monitor grantees, but it lacks mechanisms to identify and target grantees that are not in compliance with grant requirements or are not meeting performance goals, and it also lacks clear and consistent guidance for performing site monitoring visits. –P.2

Embezzlement and Fraud Was Likely Vastly Under Estimated:

Moreover, we did not survey organizations that received money from grant recipients to provide direct services, subawardees. Since making the initial awards, 4 organizations have relinquished their grants, 1 organization had its grant terminated, and 1 new grant was awarded. There are 6 organizations currently pending non-continuation of award funds.

Please recall that the irresponsible programs are recruiting violent offenders directly from prisons[26]to help them obtain legal and physical custody of the child victim witnesses they hurt, yet the GAO cannot directly account for the activities or the funding going into the programs.

Although groups cannot use TANF money for attorneys, the literature shows that some groups like Illinois Council on Fatherhood[27]provides fathers with legal advice and exceptional access to judges, Michigan is providing dads with legal assistance,[28]and the Montrose County, Colorado Fatherhood program[29]match up fathers with “Fatherhood Coaches” who also just happen to be attorneys who want to help them with their child support and custody problems.

You should ask yourselves who represents the victim child’s interests while their violent noncustodial fathers use concealed child support and federal assistance to build up legal arsenals to take custody and silence them? HHS programs are actually a deadly investment given that (a) abusive men win custody of their victims 70% of the time[30]when they ask for it, and (b) regardless of the gender of the victim, it is a public safety issue when DOJ studies[31]show men perpetrate more than 95% of violent assaults against women. The Center for Disease Control’s 2010 National Intimate Partner and Sexual Violence Survey[32]also concluded that men are raped by other men more than 93% of the time, and women are raped by men more than 98% of the time.

Programs like the Massachusetts Department of Probation’s[33]provide “treatment” to thousands of untreatable, incurable violent offenders and sociopaths targeting their victims through the courts Although violence is a voluntary act, HHS now invested our tax dollars into rehabilitating the incurable who choose to assault the most vulnerable members of society. Some Studies[34]of male DV perpetrators show that 50% of them are sociopaths and another 25% have sociopathic tendancies. Psychopaths are people who feel no emotional connections to others and have zero regard for the rules and regulations of society, they do not respond to therapy, and cannot be rehabilitated. Dr. Robert Hare reports that psychopaths make up 1% of the general population, but 25% of the prison population:

"Violence is not uncommon among offender populations, but psychopaths still manage to stand out," he says. "They commit more than twice as many violent and aggressive acts, both in and out of prison, as do other criminals ... The recidivism rate of psychopaths is about double that of other offenders ... The violent recidivism rate of psychopaths is about triple that of other offenders."

Respectfully, would you as a member of Congress, allow your children to be cared for by convicted murderers and felons? If you believe these “fathers” are harmless, why do you pass budgets that provide for armed guards to protect Congressional hearings and family courts? These programs have no legitimate purpose because here is no epidemic of “fatherlessness” that in itself harms children. There is no “fatherlessness crisis” that would justify such ruthless and irresponsible pork barrel spending on discrimination based TANF programs that exclude 90% of the TANF roles, the women and children they purport to want to get off welfare and “go to work”-but place wealthy single men on the TANF roles instead.

We believe the majority of men are genetically programmed to be good fathers, and we do not agree with HHS’s assessment that all men are incompetent and need federally funded parenting lessons. Dangerous offenders have no business raising children. We are a nation of strong single mothers who raised Presidents like Bill Clinton and Barack Obama, both of whom were rescued from the clutches of fathers who were irresponsible, violent addicts. These Fatherhood programs now undermine and punish mothers who try and rescue their children and stay off public assistance, while punishing good fathers and abetting the irresponsible, no matter how rich or poor.

V. CONCLUSION

The more federal dollars were receive the less States collected in support. States refuse to distribute child support to "families first," and are instead keeping the money for themselves-without accounting for it. When the OIG identified the embezzled funds, they did not help “struggling agencies” find the children it was intended to benefit, the OIG instructed States to properly report…So the feds could have their 66%. This policy entirely lacks accountability or consequences for this fraud. Subsequent reports demonstrated that the problem has continued to worsen, and there are [still] no protocols and procedures in place to define, identify, and track these monies.

The [unlawful] programs are supposed to be ADMINISTRATIVE, but they used quasi judicial power to create, amend, and enforce court orders without judicial authorization. The agency does not provide due process, nor do they have to show you their files. Judges have to look the other way because if they object, they will lose their HHS funding, and at the same time the judge has to accept responsibility for the agency’s badly managed and even crooked interference when litigants are hurt.

Instead of fixing these programs, Obama's proposed budget includes billions more in incentives to disburse and collect support to the programs with no oversight. If the core mission of the child support program is to collect and disburse support to needy children, this is an administrative function which in 2012 should be handled electronically through the treasury. There is no need to create billion in incentives to involve the support agency in taking over the judicial branch’s functions in custody cases.

Fred Sottile, the Founder and President of the LA chapter of Fathers 4 Justice says in his view:

“The President should spend his efforts creating laws and policies that actually encourage father/child relationships, instead of just pretending to promote father/child relationships in extortion based OCSE programs that deprive children and blame dads for being absent.”

Linda Marie Sacks, Co-Chair of the Family Court Committee of the Florida chapter of the National Organization for Women:

“The vast majority of fathers do not abuse children, and there are many instances where courts have unjustly deprived children of good fathers. The problem is that the programs punish children living with healthy strong mothers by incentivizing courts to cash in by arbitrarily minimizing and even eliminating moms from the picture.

Since there is virtually no oversight of OCSE funding, we have often found that this funding used to help pedophile rapists and violent predators get custody of child victim witnesses through the family courts. Studies showabusers are winning custody 70% of the time, and we think the programs will have catastrophic results on the next generation if this unsafe trend of maternal deprivation continues. ”

Liz Richards, Director for the National Alliance for Family Court Justice and a certified witness for the Department of Justice agrees.

“HHS is the source of the funding which is fueling the court corruption problems. Judge are making their rulings according to the program grant requirements and not by the case evidence. Past ACF officials like Wade Horn, Ron Haskins, and others were closely associated with the fathers rights groups and leaders, and essentially turned the dept into a pro-father, abuse cover-up agency.”

In 2012, we ask why the Obama Administration inexcusably ignored the pleas of desperate hard working parents and doubled the budget for these pork barrel projects, starving them out of their home. It’s time to get serious about deficit reduction, and require the president to exercise fiscal restraint on programs which would target and extort families under the most trying circumstances.


[1] “Rollup Review on States' Reporting of Undistributable Child Support Collections as Program Income ” HHS OIG report A-05-11-00025, September 30, 2011 (http://oig.hhs.gov/oas/reports/region5/51100025.asp)
[2] “HEALTHY MARRIAGE AND RESPONSIBLE FATHERHOOD INITIATIVE:
Further Progress Is Needed in Developing a Risk-Based Monitoring Approach to Help HHS Improve Program Oversight “Government Accountability Office Report to the Chairman, Subcommittee on Income Security and Family Support, Committee on Ways and Means, House of Representatives, September 2008. http://www.gao.gov/new.items/d081002.pdf
[3]http://womenslawproject.wordpress.com/2010/11/02/debunking-the-myth-of-the-“welfare-queen”-who-actually-receives-tanf-benefits/
[4] “Parental Rights And Wrongs” By Liz Richards, Washington Times,
http://pmashilohlopez.wordpress.com/2011/07/04/from-the-washington-times-parental-rights-and-wrongs-by-liz-richards/
[5]http://www.acf.hhs.gov/orgs/bios/vturetsky.htm
[6]http://www.mdrc.org/about_board.htm
[7]http://www.politico.com/arena/bio/ron_haskins.html
[8] http://www.nflgonline.org/Board%20Members.aspx
[9]http://www.mdrc.org/publications/144/full.pdf
[10] “Rollup Review on States' Reporting of Undistributable Child Support Collections as Program Income” HHS OIG report A-05-11-00025, September 30, 2011 (http://oig.hhs.gov/oas/reports/region5/51100025.asp)
[11] www.articles.latimes.com/1999/feb/20/local/me-9885
[12] http://www.gao.gov/products/GAO-11-196
[13] Id. At FN [12]
[14] “OCSE Responsible Fatherhood Programs Early Implementation Lessons” Jessica Pearson, Center for Policy Research, Inc. David Price, Policy Studies, Inc. June 2000
With comments: http://www.nafcj.net/ocsefr.htm
Original Text: http://www.eric.ed.gov/PDFS/ED463839.pdf
[15]“HHS Around the Regions 2005 Activities” http://fatherhood.hhs.gov/Partners/regions/regions06.shtml
[16] Id. At FN [8] “OCSE Responsible Fatherhood Programs Early Implementation Lessons”
[17]http://www.clasp.org/admin/site/publications/files/0349.pdf
[18] “Safety in the Safety Net: TANF Reauthorization Provisions Relevant to Domestic Violence”
http://www.clasp.org/admin/site/publications_archive/files/0167.pdf
[19] “Staying in Jobs and Out of the Underground: Child Support Policies that Encourage Legitimate Work” Vicki Turetsky, CLASP 2006 http://www.clasp.org/admin/site/publications/files/0349.pdf
[20] “Young children of unmarried parents fare worse when a father's support is court-ordered”
http://www.sciencecodex.com/young_children_of_unmarried_parents_fare_worse_when_a_fathers_support_is_courtordered-91437
[21] “Giving Noncustodial Parents Options: Employment and Child Support Outcomes of the SHARE Program” Irma Perez-Johnson, Jacqueline Kauff, and Alan Hershey, Mathematica Policy Research, Inc., October 2003
[22] “Unified Family Courts: Treating the Whole Family, Not Just the Young Drug Offender” American Bar Association/Robert Wood Johnson Foundation, November 2000
http://www.rwjf.org/reports/grr/029319s.htm
[23] “Pedophilia in the Justice System” By Kieth Harmon Snow, Conscious Being Alliance, May 1, 2012
http://www.sott.net/articles/show/245202-Pedophilia-in-the-Justice-System
[24]http://abcnews.go.com/Nightline/medicare-fraud-costs-taxpayers-60-billion-year/story?id=10126555&page=3#.T-zL5-33C9Z
[25] “HEALTHY MARRIAGE AND RESPONSIBLE FATHERHOOD INITIATIVE:
Further Progress Is Needed in Developing a Risk-Based Monitoring Approach to Help HHS Improve Program Oversight”Government Accountability Office Report to the Chairman, Subcommittee on Income Security and Family Support, Committee on Ways and Means, House of Representatives, September 2008. http://www.gao.gov/new.items/d081002.pdf
[26] National Fatherhood Initiative: http://www.fatherhood.org/page.aspx?pid=375
[27]http://www2.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/02-15-2008/0004756780&EDATE
[28] http://www.michigan.gov/dhs/0,1607,7-124--187565--,00.html
[29] Montrose County, Colorado http://www.montrosecounty.net/DocumentCenter/Home/View/1721
[30]http://www.stopfamilyviolence.org/info/custody-abuse/overview/batterer-manipulation-and-retaliation-denial-and-complicity-in-the-family-courts
[31] http://www.umbrellanek.org/documents/DV%20General%20Fact%20Sheet.pdf
[32] http://www.cdc.gov/ViolencePrevention/NISVS/index.html
[33] http://www.mass.gov/courts/probation/pr062707.html
[34] http://www.lovefraud.com/blog/2010/03/01/staggering-statistics-about-domestic-violence/

Thursday, August 2, 2012

MISTAKES MOTHERS MAKE in Child Custody Litigation

After that last post, it is sad that we can not help these moms, except to reach them before they enter family court nightmare. Readers please share this freely, we can not create justice in an unjust system. We can not fix it. All we can do at this point is ‘avoid’ to the best of your ability, the things that will choke the life out of you when you dare to walk into family court with the insane notion that ‘Justice’ will prevail. Be smart. Think. Think. And then, Think some more.

-AMPP

MISTAKES MOTHERS MAKE in Child Custody Litigation

Courtesy The Liz Library

Mistake 1. Making threats, complaining, antagonizing, provoking, telling the other side what information you have and what you know, and otherwise disclosing your plans. Don't make threats. Don't complain. Don't exacerbate the situation pointlessly. The fleeting psychic satisfaction isn't worth it. And above all: don't tell the other side what you know, or what information you have and what you're going to do with it. The threats are particularly stupid when they're empty. All they will do is motivate him to better prepare his case. Even if they're not empty, you've lost the element of surprise, and given him a heads up how to prepare his case against you. (And be careful about what you tell mutual friends and coworkers. Too many of them end up being his friends. That includes what you put in writing or on-line or on other electronic devices that make records: email, Facebook, Twitter, cell phone bills, your vehicle's GPS and toll passes, your computer hard drive, all leave discoverable evidence.)

custody prep for moms mothers movement activism, dealing with 
therapeutic jurisprudence in the courts, how to win your child custody caseMistake 2. Failing to prepare. Don't file a lawsuit (and don't threaten to file one -- and do everything possible to keep one from being filed against you) until you have copies of all information, especially all financial information and legal documents, that you will need stored with family or friend in a safe place, including a complete copy of the hard drives of household/shared computers (call a professional to do this). Also safely store away all jewelry and precious tangible items, as well as irreplaceable sentimental items such as old photographs. Carefully think through who controls what assets (and in the case of household utilities who has the power to shut them off.) Make a plan to segregate debts, and to assure that debts that will affect your credit rating will continue to be paid. Have at least one separate bank account and ready access to cash. Discuss your future case with a lawyer, or preferably several lawyers. Talk with an accountant (not the family accountant). Thoroughly consider what you will do for income, living arrangements, transportation, and other needs. Have your own medical insurance for you and the kids. Make sure that email accounts are separate and under passwords that only you know, and that you have private communications. Make sure that on-line social, financial and medical accounts are private and passworded. Get a post office box for private mail. (And forpetessake don't use the cell phone he gave you to talk to your lawyer!)

    (a) Failing to close joint credit lines. Before "anyone" knows you're planning to get divorced, to the extent possible, close all home equity and joint credit card lines that can be run up and used to destroy your credit, fund litigation against you, and disappear your assets. Pay down the debts for which you are separately liable. (Even if debts are "assigned" to be paid by one or the other party in a divorce, that does not bind the third party creditor, who can still come after you.) This rule also applies to signing joint tax returns. See Mistake 9(a), below.

    (b) Filing for divorce near the 10-year social security spousal entitlement date. If you're married for ten years, and you're the lesser-earning spouse, especially a stay-home spouse, this could mean a lot of retirement money in the future. Don't file for divorce in year 8 or 9 without making this calculation.

    (c) Not trading in the old car for a new one, not putting braces on the kid's teeth, or not obtaining that elective surgery "now". These involve big ticket expenses that do not result in having divisible assets, but are or will be needed or wanted fairly soon, and may be far more difficult (or impossible) to purchase later on your own, when cash or credit is low, or when you need his agreement or a court order to obtain contribution. Buy them now with marital funds. Other big ticket expenses could be prepaying college tuition, the kid's tennis lessons, or for next year's summer camp.

    (d) Not living in the jurisdiction you want to live when you file for the divorce. Don't relocate in the first place to follow the spouse to some remote, undesirable, or iffy new location. Maintain your permanent residence where you want to live, especially if he's got a temporary assignment. If your marriage breaks down in the new location, you and the children may be stuck there for a very long time. (And if you have minor children, do not ever, ever, ever move -- or bring them even temporarily for a visit -- to any country such as Saudi Arabia with Muslim sharia laws in which, because you are a woman, your freedom to travel, and your authority over your own children, including leaving with them, can be restricted.)

    (e) Having your baby in a state (or country) in which you may not want to live for the next 18 years. The state where you give birth has initial jurisdiction over that child. If you're pregnant and not married, go home to mama. Do not be lured back to live with him while you are pregnant. Especially without having a job or substantial ties, family and friends, in the area. Even if his entreaties to become family or get engaged are not a ruse, if it doesn't work out, you're stuck. Possibly for the next 18 years. You can always do the "let's move in together", "let's get engaged" or "let's try it and see" later. Fewer and fewer courts these days are permitting women to relocate with their children.

Mistake 3. Making the custody case primarily about how crappy the man is instead of about the children (usually while professing to be "agreeing with" the proposition that the child "needs a relationship" with the father and/or pretending to be fostering this flimsy fuzzy idea). Not focusing on specifics of what the child needs and the observable tangibles: the child's developmental age, habits, temperament, needs for consistency or stability; the parents' work and school schedules; the child's work and school and sleep schedules (and extracurricular activities that are important and why); other persons in the respective parents' families, households and lives; the quality of the households and homelives of the parents; the parents' respective socio-economic positions, backgrounds, education, and particular things each can offer (or not); how the child might better benefit from this or that schedule rather than another and why; time constraints, the pragmatics of traveling and everyday life; the quality of the communications between the parents; and so forth.

Mistake 4. Filing for child support, or a child support increase, if there is any way you can manage without it. This is the number one way women end up in custody litigation, losing control of their lives, and possibly losing custody of their children. In too many cases of "custody switch", everything was going fine, and something (the ex's financial windfall, or her family) got her motivated to head into court for more child support. He frequently counters with a bid for increased time share, including a litany of accumulated wrongs she's ostensibly perpetrated as the primary custodial parent. The money is rarely worth it.

therapeutic jurisprudence, custody evaluators, PSYCHDIAGNOSIS.NETMistake 5. Going to a mental health therapist or psychologist. Don't have -- and don't make claims of having -- any kind of emotional disability, disorder, anxiety, depression, inability to cope, or other dysfunction, if you can possibly avoid doing so. Especially do not leave a record of it on his insurance. Cry in the shower, go to church, meditate, or take up jogging. Exercise helps; therapy really doesn't. Drugs don't. Many lawyers endorse going to therapists because they don't want you wasting time and money venting to them, or you're rambling, unfocused, and using them as a sounding board. Some are just spouting the "common wisdom" promoted by mental health professionals. If you absolutely, positively must vent with one of these paid listeners for hire (therapist or psychologist) -- or a physician/psychiatrist but only if you're truly dangerously dysfunctional -- then do not tell anyone you are going, pay cash, don't get or fill prescriptions where any record of that can be discovered, and do not take any of their advice that remotely affects legal or financial issues.

Mistake 6. Taking the children to a therapist. There is absolutely nothing therapy from a mental health practitioner can do to fix a crappy situation. Fix the situation; don't try to train children to cope with it. If children are having problems, then it's far more likely than not that it's the adults around them who are doing something wrong. If they need academic tutoring, then seek that; not mental health therapy and unnecessary diagnoses. Fixing the situation is the only "therapy" that will help. And don't make the mistake of thinking that shlepping the kids to a therapist is a way to "build your case", create "evidence", or get a third party to testify to the children's "disclosures". It isn't. Better they "disclose" to a teacher in school. Judges have become jaded about clinical therapist testimony, especially therapists unilaterally selected by mothers, who are seen as biased advocates with next to no credibility in court (assuming they're even permitted to testify.) If children are physically injured, see a physician. If children are abused, call the police. If you're abused, call the police.

Mistake 7. Claiming that the children have physical, emotional, or academic disabilities, and therefore especially "need" you. One thing that helps mothers lose custody is to emphasize or fabricate claims that children are dysfunctional in some way, and hence need them, the primary caregiver under whose watch the kids haven't done so flippin' well. If the children do have disabilities, then de-emphasize these problems, and document realistically how the children have improved, and how well they are doing academically and in all other ways. Judges like to see happy people and well-adjusted children. They're burned-out on complaints, have seen far worse (atrocities), and have hardened sympathies. The reality is that unless you or the children are at actual imminent risk of life or limb, your chances of getting primary timeshare will be greater if you appear to have a beautifully functioning life with beneficent feelings for all, than if you or the children are traumatized, victimized and needy. (If this is impossible, then at least project yourself as a capable well-adjusted parent who is managing optimally under the circumstances).

Mistake 8. Claiming that the children prefer you as parent. If this is true, and if you're the better and more attached parent, it should be obvious. Stating that the children want or do not want this or that also is poisonous to your case (if there are good reasons for what they "want", then the facts alone underlying those reasons should be sufficient -- leave the children's feelings out of it.) If he's abusive or incompetent, you may need to articulate the facts, but only in a balanced way (see item #13 regarding how) without harping and without exaggerating. Custody evaluators especially want to see that you have a rational point of view and can point out "strengths" as well as weaknesses. Also bear in mind that anti-mother fatherhood-exaltation custody evaluators and guardians ad litem (most of them) particularly recoil when women emphasize their super-close loving relationships with their children. Perhaps they resent that they themselves don't have these kinds of relationships with their own children (or any children at all), or as children did not have a good relationship with one or both of their own parents. These professionals too often seem to have their own emotional and family issues, or at best are in it for the money. Any mother who appears to be emphasizing the difference between how the children feel about her versus their father is setting herself up for charges of being a parental alienator, "enmeshed", overly protective, controlling, angry, depressed, vindictive, and other mother-dissing phenomena. Also for father-sympathetic increased timeshare or "therapy" to improve the father-child relationship.

Mistake 9. Allowing your lawyer to make substantive decisions, or to pressure you into signing agreements without adequate time to think about it. It's your case. Your job is to make it easier for the lawyer to promote your case, and to find out what you need to do to accomplish your goals, working together. Read The Good Attorney-Client Relationship, and the Custody Prep for Moms website (linked above). Do not ever let your lawyer attend any court hearing or conference without you, or make any agreements in your case without previously discussing the matter with you and giving you time to think about it and decide. (Unless you're more sophisticated in these matters than the other side, that includes pressuring you to sign agreements at mediation too. If it's such a great agreement, it will hold for a day or so.) Make sure your lawyer understands this and agrees. Don't cave to threats from your lawyer of withdrawing or future demands for big lump sums for trial if you don't settle. (That's extortion, by the way, and should warrant bar discipline.) Some common seemingly minor things agreed to hastily or under pressure, but which can have long-term bad consequences, include:

    (a) Signing, or agreeing to sign a future joint tax return. Be very careful about doing this unless the assured benefits far outweigh the risks, especially if he is self-employed or cheats on his taxes. "Outweighing the risks" means that the money is not merely promised, but in hand.

    (b) Not being the owner of the life insurance policy. There are three roles in a life insurance policy: the owner (the person in contractual privity with the insurance company), the insured, and the beneficiary. Being the beneficiary is useless if you are not also the owner of the policy with the ability to control who the beneficiary is, or even whether the policy gets cancelled. Too many women have discovered that they can't collect a cancelled insurance policy from a dead man's estate.

    (c) Agreeing to a "right of first refusal" that's not well thought through. This rule also applies to anything of importance that is hastily drafted by a mediator or lawyers at a settlement conference.

    (d) Agreeing to a "temporary" timesharing solution -- or "temporary" anything else, such as aparenting coordinator -- that you know is difficult or unworkable, or as to which you have doubts. Just don't agree to "try it and see". Say no. Temporary agreements have a way of becoming permanent, or at least extremely difficult to get changed. Contra, adequate temporary financial support if you easily can get it and it's not so much that it will motivate him to up his timesharing demands.

    (e) Agreeing that the family home is a "bad investment", or too expensive for you, and should be sold. Many financial advisors will give this advice as a rule of thumb. But occasionally they're wrong. Everyone still has to live somewhere and housing costs are going to be incurred no matter what. So "it depends". It's not like you can trade the residence for a stock portfolio and live on the street. The financial advisor's assumptions may or may not be correct. Moreover, life is to be lived, and quality and neighborhood counts, especially for kids. There are value judgments here in addition to purely quantitative calculations. The decision should not be made based on shoot-from-the-hip truisms uttered by pencil-pushing strangers (or the other party's desire to minimize support obligations.)

    (f) Seeking supervised visitation when it's inappropriate. Unless you and your lawyer both think that there's a good chance that he's going to be criminally convicted of domestic battery or child sexual abuse, or you and your lawyer both are pretty sure that you have or will obtain evidence warranting the termination of his parental rights or at least the permanent cessation of all contact (rare), or you can out-litigate and out-spend him until he goes away, or you're desperate to protect the children even for a short time (and after that come what may), or your situation fits within one of the other limited appropriate uses of supervised visitation, cavalierly seeking this remedy is a way to make an expensive complicated mess of your case, guarantee the appointment of a GAL and probably also a custody evaluator, and place yourself at a 50-50 risk of ultimately losing custody.

Mistake 10. Failing to attend every single court hearing and case management conference. The overwhelming most of the time when bad things happen to mothers in litigation, they happen, or the seeds are planted for them to happen in the future, when their lawyer agrees to something without consulting with them. These mistakes include the "innocuous" agreements for the appointment of or choice of custody evaluators, parenting coordinators, therapists and GALs. (See mistake #11, below). Two heads are better than one, and you know the details of your life and needs better than your lawyer does. At worst, a lawyer who says that youshould not or may not be present, or does not tell you in advance about every single case event, is more likely than not deliberately or stupidly or lazily going to end up doing something you may not like. Alternatively he may sincerely believe that your presence harms your own case (in which event he should have the balls to tell you this outright and explain why). At any rate, if your lawyer does not adequately inform you so that you can be present, or tells you that you should not or may not attend, then be assured that he is unlikely to be doing so out of concern for your personal time and schedule.

    (a) Failing to insist on having a court reporter at every single hearing.This includes short motion calendar hearings and case management conferences, no matter how ostensibly unimportant, and no matter whether they're supposedly "taped" by the court. Do not ever let your lawyer suggest that you do not need a court reporter. A lawyer who does this is not representing your interests. It's not a money saver; it's penny-wise, pound-foolish. When it's documented, everyone behaves better, and you have the record you might need on an appeal (or when you hire a new lawyer.)

    (b) Failing to keep on top of and understand your case. It's your case. You need to understand it, you need to demand all information about it from your lawyer, you need to know exactly what is going on at all times, and you need to be making the decisions and receiving all information necessary for you to make the decisions, including -- after explanation, when you are so inclined -- allowing the lawyer to decide between thoroughly described alternatives.

Parenting CoordinationMistake 11. Allowing a mental health professional, child custody evaluator, parenting coordinator, therapist, guardian ad litem, visitation superviser, or other court-appointed professional into your case. Do everything you can to prevent court-appointed professionals from coming into your case, and resist if your lawyer appears to be making an ill-thought-through rote suggestion. The odds are far greater than not that the introduction of these people will exponentially increase your costs, complicate your case, and end up hurting your chances of prevailing. This includes seeking inappropriate supervised visitation; see Mistake 9(f) above.

Mistake 12. Letting your own parents badmouth the ex in front of the kids. You'll be blamed as the parental alienator. They don't understand that times have changed. They only know that their own child has been wronged, and too often, won't shut up about it. Sad fact of life. More and more these days, it seems as if it's the grandparents who indirectly are the parties in these cases. It's great if you have their emotional or financial support, but do make sure they are up to speed on what helps and what hurts.

Dealing with forensic psychologists and discovery of test data in courtMistake 13. Not learning the difference between telling people what to think and articulating the facts in a way that will induce them to come to their own conclusions that accord with yours. If you're in custody litigation or any court case, you will be testifying as well as telling others such as your lawyer the facts of the case. Credible witnesses talk about what they saw and heard. People tend to be much more convinced by their own conclusions drawn from descriptions of what happened than by conclusory statements such as "he's abusive". When neutral people are told what to think, their minds start weighing and silently arguing with your conclusions. By contrast, when they are given facts, they may ask for more information, but they don't feel the same need to mentally interpose their judgment against yours for the sake of balance. Good testimony is when you paint a picture for the other person by describing what you saw, heard, felt, tasted or smelled. Bad testimony is telling others your opinions, whether formed from your personal observations or from what other people have told you.

Mistake 14. Choosing a lawyer because he or she tells you what you want to hear. (Usually, the lawyer who gives you this kind of sell job actually is letting you mislead yourself by using vague language -- but the written retainer agreement may "sound" very different, e.g. "no guaranteed results".) Also be wary of the lawyer who sets fees unrealistically low (a risk that the lawyer will not be motivated), or in the celebrity stratosphere (a risk that your case may be made unduly complicated, churned with crony referrals and unproductive shenanigans.) Conversely, you do not want to hire a lawyer who tries to impose on you the lawyer's ideas of what your goals should be, or what is in the best interests of your children. This is not the same as a realistic assessment of your case, or asking questions to elicit why you hold the position you hold. Listen carefully to what the lawyer says. Ask "why". A lot. When you interview a lawyer, you should be able to articulate a reasonable outcome that you would like to achieve, and, although some will disagree with me, I think that the lawyer is going to be more creative, certainly more convincing, if he or she cares about the outcome -- beyond "winning" -- and is in actual ideological agreement with you. Consider the lawyer's own personal background. Ask about it. The lawyer also should be able to explain to you how realistic or difficult or expensive or not it may be to achieve your goals, and your options. Your lawyer is not there to give you emotional support, or to terrorize and punish your ex. The lawyer is there to work for you, to strive to get as close as possible to your reasonable goals while also attempting to limit the amount of pain and cost for all concerned without compromising those goals.

therapeutic jurisprudence and forensic psychology researchMistake 15. Failing to set long-term goals, and not keeping the end-game in sight. Don't allow your case to get waylaid and off on money-wasting, time-wasting, or counterproductive tangents. Disputes over relatively unimportant issues. Squabbling over minor financial matters. Visitation timing minutiae. Discovery delays. Getting sucked into the bog of a custody evaluation. Remember where you want the case to end up, and how you want your family situation to look in the short term and long term. Keep the lawyer on track by asking how this or that suggestion or strategy or legal maneuver may help move you toward your goals.

-- liz

[This article was discussed May 5, 2012, on The Justice Hour radio show hosted by family lawyer Lisa Macci; and subsequently supplemented with additional "mistakes". To listen, download (wma) or (mp3) file. Re the above (Mistake #5) regarding the over-consultation of therapists, see the archives and listen to the May 22, 2012 show with Harvard psychologist Paula Caplan on DSM corruption and the APA.]

RESEARCH AND CITATIONS

  • Joint Custody Research: The Road to Hell is Paved with Good Intentions
  • Or maybe not. Joint Custody Studies (multiple research citations)
  • What the Experts Say about "Shared Parenting"
  • Myths and Facts about Fatherhood: What the Research REALLY Says
  • Myths and Facts about Motherhood: What the Research REALLY Says
  • Myths and Facts about Stepmothers and Mother Absence: What the Research REALLY Says
  • Misplaced Blame and Simplistic Solutions by Margaret Martin Barry
  • Protecting Battered Parents and Their Children in the Family Court System by Clare Dalton
  • Judge Gerald W. Hardcastle on joint custody and judicial decisionmaking
  • Attachment 101 for Attorneys: Implications for Infant Placement Decisions by Willemsen and Marcel
  • The Case Against Joint Custody (Ontario Women's Justice Network)
  • The "Responsible Fatherhood" movement by liz
  • Right of First Refusal in Parenting Plans
  • Custody Evaluators and Discovery of Test Data
  • Richard Ducote, Esq, on Abolishing Guardians ad Litem
  • Margaret Dore, Esq. on the Case for Abolishing Custody Evaluators
  • Liz on the Lawyer Ethical Problems with Therapeutic Jurisprudence
  • Re-evaluating the Evaluators: Custody Evaluation Guidelines
  • Child Custody Evaluators: In Their Own Words
  • Therapeutic Jurisprudence Index

    RESEARCH RELEVANT TO CHILD CUSTODY ISSUES

    Dead children.  Justice's Posterous

  • Research: Joint Custody Studies
  • Research: Joint Custody Just Does Not Work
  • Myths and Facts about Fatherhood  What the Research Really Says
  • Myths and Facts about Motherhood What the Research Really Says
  • Myths and Facts about Stepmothers and Mother Absence
  • Child Custody Research: What the Experts Say Scholarly Review

    "RULE OF LAW" vs."RULE OF MAN"

    The Child-Centered DivorceA common theme underlying nearly all the problems in the family courts is the sloppy float away from the "rule of law" to "rule of man". The "rule of man" describes such things as dictatorships, decision-making by whim, discretion without oversight, vague standards that cannot predictably be anticipated or applied, faux-expert recommendation-making and opining such as with mental health professional parenting evaluations, and the panoply of therapeutic jurisprudence interventions such as parenting coordination and special mastering. All of these abrogate due process, and the fundamental principles on which our system of jurisprudence was founded. The ideas have been pushed by the mental health lobbies and by individuals who either don't understand or don't care about some higher priorities.

    "Rule of man" is a concept that we ditched with the formation of this country in favor of "rule of law". Our founding fathers recognized that there is no way to regulate or oversee individuals given too much discretion or dictatorial authority. With regard to the family courts, I keep hearing and reading what are essentially inane pleas to fix the various misguided ADR programs via "guidelines" (aspirational only, and with immunity from sanction for misfeasance), and for "trainings", and for getting rid of those who are "incompetent" -- all of which suggestions exhibit an astonishing lack of appreciation for the stupidity inherent in these extra-judicial ideas -- ideas which Thomas Paine and our founding fathers would have abhorred (see, e.g. Common Sense). Dictatorship cannot be permitted not because there couldn't (theoretically) be some wise and beneficent dictators who would be better and more efficient than the messy system of due process and checks and balances we idealize, but because under that dictatorial system we inevitably and primarily will suffer the fools, the tyrants, and the corrupt. And that's without addressing the panoply of other constitutional defects. Besides, no scientifically sound research actually establishes "harm" from the adversarial system -- or benefit to families' well-being from applied therapeutic jurisprudence. These ideas were invented in mental health trade promotion groups as lobbying talking points. (If you doubt this, feel free to contact me for more information.) Yikes. What are we doing. To the extent we've been sold a bill of goods, swampland, snake oil and the voo doo of "expertise" by the mental health professions, at least until relatively recently, the stuff wasn't harming our legal system. Now it is. Wake up, and wise up.

    What we do need are some realistic changes in the substantive laws addressing divorce and child custody. What we don't need is a revolution in procedural rules and the overthrowing of individuals' constitutional rights.

    For my list of rants, see the index to the section of the website on parenting coordination.

  • Wednesday, August 1, 2012

    NJ APPEAL DECISION - HARMING KIDS FOR PROFIT IN FAMILY COURT

    TAKE CARE OF THIS GUY - NJ APPEAL COURT

    I have been following a New Jersey family court case that started out in Essex County, and was moved to Hudson County.  The mom is a pro-se litigant- up against many high powered lawyers.  The appeal was filed pro-se, and while custody of kids was a genuine issue, the trial court made changes without the benefit of a trial.  There was no testimony in this case ever.  The court used one tainted expert - and - a CD captured something unsavory the day custody was altered a year ago.  The father in the case is caught on tape "I am giving this to you to make good to this guy"- nodding toward chambers.  The lawyers are heard saying "watch-- be careful - the tape is running"- what did New Jersey family court do with this information?  ABSOLUTELY NOTHING!  The story gets better.  The father gifted a large grant one month before the case was heard.  What was done about that?  NOTHING!

    Today- the news came in that a decision was reached in the case.  The Appellate Judges affirmed the decision of the trial court to alter custody and parenting time without the benefit of a trial, without any testimony, and without a peer review of the biased report.  The court went on TO JUSTIFY CHILD ABUSE !  Yes--- you read that correctly- the appellate division of New Jersey justified why a six year old boy was hit across the face by the paternal grandfather.  (This abuse occurred during the evaluation)  There was no exam of finances in this case for over six years, and yet the court ruled the mother should pay all experts.  The mother has nothing left !  Not one dollar !  The father however has millions of dollars, many lawyers, and purposely ran the mom penniless litigating the case for six years and counting.  The court also talks about how the father cannot control his anger at times, but still grants him over 50% of the children's time.  The oldest child will not attend parenting time, and they blame her for that too! 

    I can promise you that if the father had not liked the decision made in the evaluations, there would have been national experts flown in for him.  (The court actually promised him he could hire as many experts as he wanted- but denied the mother any independent experts)  This case has always had a smell to it-- it stinks!  The children were taken from a stay at home mom, and sent to a "nanny".  The father continues to muscle the court system, even getting the new Judge to agree it is OK to leave a seven year old boy alone in a hotel room.  (The boy had been injured while the father strolled on the beach with a woman)  The Judge told the mom she would "do anything to ruin his vacation".  The child was left alone on an island repeatedly, and that was deemed acceptable by the Hudson County family court. 

    I always suspected that the appellate court would take the coward's route - they will rarely go against a fellow Judge in the brotherhood.  What recourse does a regular mom have against a mogul?  None !  He bought this verdict no matter how you look at it--he had the money to pay all the experts he wanted- he had the money to have all the lawyers he wanted- the mom had nothing!  This case has never been on level playing ground.  While the husband brought in a parade of high profile lawyers (some worked on McGreevey divorce- Strahan divorce- and mafia cases) the mom was alone.

    The case is an unpublished opinion and will be posted on the NJ Court website for 10 days-

    http://www.judiciary.state.nj.us/opinions/unappopin/unappopc.htm

    The title of the case is LC vs VC (Essex County)   Decision of 7/23/12

    Note that the opinion rips apart the mom for everything, and pats the dad on the back for everything.  This is the typical family court attitude- punish the victims- punish mom for leaving-- award the monied spouse whatever they want- treat kids like property.  The appellate judges should be deeply ashamed of this decision- kids are being impacted because of a biased opinion that women are crybabies.  (Please keep in mind my other posts about the Honorable Judge Sol Gothard- only about 7% of abuse reports are false in custody cases)  The fair Judge they keep referring to was under federal investigation for his behavior in this case - and they knew it.  How much of this decision comes down to retaliation for going against a sitting judge?  Note-- they fail to mention that the FBI were actively investigating this Judge, even though the point was talked about at oral arguments.  They had to punish her for seeking help from authorities.  (Although I cannot imagine what mother would hear the CD of the money exchange and not go to the authorities for help)  The court makes mention of the case being moved from Essex to Hudson County- but they never mention why it was done.  The case was moved after the FBI began questioning people close to the case.

     

    PART OF THE CD $$$ EXCHANGE - Video here:

    COURT CHANGING VENUE – Video here:

    Any person who wishes to help this mom- offer legal assistance- offer a peer review of the report that was placed into order- please contact me at annieisa74@gmail.com -  At this point in time- she is alone with no experts- no lawyer- and no way to help her children.  Something really unsavory occurred a year ago- and the appellate court does not care to correct this injustice- and this travesty of justice involving innocent children-- "take care of this guy"--  I cannot sit by and watch this any longer-- to be very clear to the courtwhores that will read this blog-- the mom did not ask me to do this - she did not tell me to do this-- I am just so disgusted with the justice system- I need to try and help in some small way- even if it is only showing support for this family-  The truth needs to be told- whether they like it or not - FREEDOM OF SPEECH STILL EXISTS (I hope)