Showing posts with label child abuse profiteers. Show all posts
Showing posts with label child abuse profiteers. Show all posts

11 February 2011

The Daily Caller - Extradite Dr. Phil now

 

http://dailycaller.com/2011/02/09/extradite-dr-phil-now/

Extradite Dr. Phil now

Published: 1:25 PM 02/09/2011

By Grier Weeks

Alaska authorities have charged a woman with child abuse for brutalizing a Russian boy she adopted, but federal authorities should be looking hard at charging television’s “Dr. Phil” McGraw for his role in the crimes.

Jessica Beagley, the 35-year-old wife of an Anchorage police officer, was featured on McGraw’s show forcing the seven-year-old boy to drink hot sauce, verbally assaulting him and then putting him in a cold shower for punishment. The abuse was so disturbing it caused audience members to cry and call for removal of children from Beagley’s home.

Holding the camera throughout the harrowing scene was Beagley’s 10-year-old daughter. The Associated Press reports that McGraw’s producers had asked Beagley to get them footage of her abusing the child, after she sent them a video describing the punishment she planned.

The “Dr. Phil” show sought the footage in order to capture “naturally occurring behaviors and interactions,” claims spokeswoman Stacey Luchs. Beagley and her attorney claim she believed she would get on the show for parenting help.

But McGraw’s producers wanted footage of actual abuse.

Having solicited and received the video, the show promoted it with lurid advertisements, featuring their gritty, child’s-eye-level camera work. McGraw then broadcast the boy’s humiliation on a show entitled, “Mommy Confessions.”

“What happens behind closed doors can be shocking,” McGraw promises his viewers, chin in hand. A split second later, piercing screams emerge from behind a shower curtain.

McGraw’s degenerate production has provoked a minor international incident, focusing attention on abuse by Americans of children adopted from overseas. “This video caused a huge wave of outrage in Russia,” says Andrey Bondarev of the Russian Consulate in Seattle.

An embassy press officer interviewed by ABC News says Russian authorities “are in contact with the U.S. officials regarding this case.” Another official, said to be an assistant to Russia’s Commissioner of Children’s Rights, told the Anchorage Daily News that “there is quite a big chance” of the boy and his twin brother being taken from their American siblings and returned to Russia if Beagley is convicted.

Despite all this, news reports appear blind to the obvious role McGraw played in commissioning the child abuse for his television show. Law enforcement authorities — made aware of the incident by the Russians, if by no one else — also seem to take for granted that television entertainment is an acceptable motive for inducing crimes against children.

No matter how you look at it, it seems clear that McGraw caused abuse to occur that might not otherwise have happened. On the day in question, one child was cruelly assaulted in a staged incident, while a second was forced to hold the camera and film her brother’s suffering for McGraw’s benefit.

Instead of immediately notifying Anchorage authorities of the abuse — and their own role in it — the McGraw show made the decision to take their ill-gotten gain and exploit it for commercial profit. Their actions further exacerbated the pain suffered by both child victims and their siblings, pain that is not over yet.

Phil McGraw should give up every penny of his foul profit immediately, in some arrangement that benefits these or other victims of abuse, without any chance of further contact or manipulation by him and his show. Then he should answer in a court of law, along with Beagley, for his role in this incident.

After that, maybe he can be extradited to Russia. You can see it from Alaska.

Grier Weeks is Executive Director of PROTECT (www.protect.org).

Read more: http://dailycaller.com/2011/02/09/extradite-dr-phil-now/#ixzz1Da7lP1w9

Enhanced by Zemanta

10 February 2011

Justice Denied

JUSTICE DENIED « MamaLiberty's Weblog

Press Release 02/08/11

World’s Most Famous Beach….World’s Most Scandalous Case

Florida Mother DENIED justice when Presiding Judge Torphy, Judge Evander and Judge Cohen REFUSED  to Review Ruling En banc, Write Written Opinion, and Certify Questions to the Florida Supreme Court on  02/07/11

Constitutional and Human Rights Violations in Family Court Cases Rampant in the U.S.

In the “World’s Most Famous Beach”…Daytona Beach, Florida…………they also have the most scandalous case involving a wealthy millionaire, his power, money, and connections to the community that has most experts involved in the national crisis in the family courts regarding “custody visitation scandal cases” asking when will justice prevail for these Florida  children and their Mother.

National advocates and organization’s  are asking for federal investigations into the crisis in the family courts and have documented  violations of litigants constitutional rights and are advocating for America’s children. The Leadership Counsel and Interpersonal Violence (www.leadershipcounsel.org) research shows that US family courts order about 58,000 children a year into unsupervised contact with physically or sexually abusive parents following divorce in the US.

Dr. Phil in April 2010 had the very 1st show regarding the family courts failure to protect abused children, and family court judges dismissing documented evidence of abuse, and taking away loving, caring Mothers.

Linda Marie Sacks, a “Squeaky Clean Mom”, is headed to the Florida Supreme Court and the U.S. Supreme Court in Washington D.C. in her continued efforts to be re-united with her children, and is speaking  out about this injustice to her children, and the national crisis in the family courts. Her daughter’s teacher said..if you can lose custody, America better wake up, because if you can, anyone can. Her case is a Justice for Children case,(www.justiceforchildren.org)

and they are a national organization who advocate for children in abusive situations when “official avenues” judges, police, Dept of Children and Family,  have failed to protect them.

On 12/21/10 she  filed 3 pro se Motions asking the Fifth District Court of Appeals reconsider their 12/7/10 (Case 5D09-3752) ruling that has violated  her constitutional rights to be a parent to her children. On 02/07/11, the Fifth District Court of Appeals, with Presiding Judge Torphy, Judge Evander and Judge Cohen, DENIED all of her Motions, and affirmed the erroneous ruling by the trial court of Judge Shawn L. Briese.

This is her second appeal before the court of appeals. In her first appeal, (Case 5D07-1682) the ruling on custody of her children was REVERSED AND REMANDED due to violations of this Mothers constitutional rights to due process and the opportunity to be heard. In their ruling they stated that Mothers hand written Motion for Continuance was legally sufficient, and should not  have been denied by Judge Briese, and the hearing to decide custody of the minor children should NEVER have taken place. This rare reversal by an appeals court provided NO relief to Mother and her children as the trial court of Judge Shawn L. Briese refused to be disqualified from her case, or VACATE the unjust supervised visitation ruling.

Mother appealed to the Fifth District Court of Appeals in a Writ of Prohibition, (Case 5D08-3668) and provided documented evidence of judicial misconduct by Judge Briese, and the attorneys of record for the Father, James L. Rose of Rice and Rose, and Leonard R. Ross of Ross and Burden. The documented evidence of judicial misconduct included violations of Judges Canon #3, Fl. Ad Code 2.330, ex parte communication with the attorneys of record and violations of her constitutional rights. The Fifth District Court of Appeals DENIED her Writ and Judge Briese was allowed to hear the “Rehearing of the Custody of Minor Children” in April 2009.

In this hearing, (Case 2004-30312 FMCI) Judge Briese refused to allow Mothers witnesses to testify and refused to allow her exhibits. In his oral ruling he stated that mother did not buy greeting cards for children to give to the father, and mother did a Channel 9 news interview in New York and this was a concern to the court, and so she MUST continue to stay on Supervised Visitation. It WAS NOT a concern that Father admitted to an altercation with his daughter at 8 years old and this resulted in her getting a split lip and blood. This matched Mothers Domestic Violence Injunction of Protection, Police Reports and DCF reports. Father also admitted to “wiping down the vaginas” of his school age children, which also matched the Domestic Violence Injunction of Protection, Police and DCF reports. This credible evidence was DISMISSED, IGNORED and SUPRESSED by the trial court of Judge Shawn L. Breise, and now, DISMISSED, IGNORED and SUPRRESSED by the Fifth District Court of Appeals, as they have just AFFIRMED the trial court’s ruling.

With only 79 hours of contact in 3 years and 10 months…under Supervised Visitation at the local Family visitation center, for two hours a month……..this “squeaky clean” class Mom, soccer Mom, community volunteer, with no drugs, no alcohol, no abuse, nothing……just a loving, caring Mother lost custody of her children… will have to continue on with the Supervised Visitation, with NO case plan or reunification plan provided by the trial court. This Mother is the LONGEST family law referral in the history of the Daytona Beach supervised visitation center….now at 3 years and 10 months.

National Advocates, experts, and Mothers were in Albany, New York on  Jan.7, 8,and 9th, 2011  for the Annual Battered Mothers Custody Conference,( www.batteredmotherscustodyconference.org) to address this national crisis of  Mothers losing custody with documented evidence of abuse to their children, and safe, protective parents  having all of their contact with their children either terminated  by the family courts or are being place on supervised visitation for years without a case plan or reunification plan.

The trend documented by the latest research is that judges routinely dismiss, ignore and suppress documented evidence of abuse to the children in the “custody-visitation scandal cases”, and batterers are asking for Sole Physical Custody and are successful 70% of the time. www.apa.org/pi/viol&fam.hmtl and  www.aja.ncsc.dni.us/domviol/pages5.html

The Florida NOW, National Organization for Women Ad Hoc Family Law Committee has published a brochure a “Crisis for Women in Family Court: What to Expect and How to Fight Back”. (www.nowfoundation.org/issues/family)

Numerous national organizations are demanding  federal investigations into the crisis in the family courts and asking for congressional hearings to address these human rights violations to America’s children and their Mothers.

The latest research on this issue is in the book Domestic Violence, Abuse, and Child Custody Legal Strategies and Policy Issues Edited by Barry Goldstein, J.D. and Dr. Mo Therese Hannah. And can be found at www.civicresearchinstitute.com/dvac.html

Linda Marie’s daughters said “Mommy fight for us and do something every day to get us back and don’t ever stop. So after 3 years and 9 months, this Florida Mother is now more determined than ever, and is headed to the Florida Supreme Court and then on to the U.S. Supreme Court. She has kept her promise to her daughter’s and now she is speaking up for her children and all of America’s children.

For more information  on this crisis in the family courts please contact:

Center for Judicial Excellence www.centerforjudicailexcellence.com

California Protective Parent Association www.protectiveparent.com

Domestic Violence Legal Empowerment and Appeals Project www.dvleap.org

Stop Family Violence www.stopfamilyviolence.org

Randi James www.randijames.com

Court Whores www.courtwhores.com

American Mothers Political Party www.AmericanMothersPoliticalParty.org

Family Court in America www.juliafletcher.wordpress.com

Talia Carner  www.taliacarner.com

Protective Parents for Children’s Rights www.protectiveparent.ning.com

Liz Notes www.lizlibrary.org

Many thanks to all who are part of the solution to the crisis in the family courts. You are all true American heroes.

For contact information re: this press release please contact:

Linda Marie Sacks

386-453-3017

Lindamariesacks@aol.com




01 February 2011

Mothers Of Lost Children February Rally in Washington DC

Less than two weeks to go!  Remember, there is a meeting the evening of the 13th at the hostel where many are staying.  For information on the hostel…click here.

For more information on the vigil or press conference read below or visit:  http://mothersoflostchildren.com or http://www.mothers-of-lost-children.com/ 

SAVE THE DATES
Sunday February 13, 2011
Mothers of Lost Children will hold a vigil at the
White House, 1600 Pennsylvania Ave NW,
Washington DC from 2:00 to 4:00 pm.


We can stay at the International Hostel,
1009 11th Street, NW, Washington, DC 20001 Telephone: (202) 737‐2333

Monday February 14, 2011
We will hold a press conference and rally at the
U. S. Department of Health and Human
Services, 200 Independence Ave SW from
11:00 am to noon, then march to the U.S.
Senate to ask again for Congressional Hearings.

More information: cppa001@aol.com

 

Related Articles:

Please Join Us For Another Rally in Washington D.C., February 13th and 14th

WASHINGTON DC - VALENTINE'S RALLY 2011




20 September 2010

Press release: Protective Mothers march on Oct 1 in Washington DC

 

PRESS RELEASE
FOR IMMEDIATE RELEASE

                     Contact Connie Valentine 916-233-8381

A press conference will be held on Friday, October 1, 2010 from 11:00 am to noon in front of the  U.S. Department of Justice, 950 Pennsylvania Ave NW, Washington, D.C.   
On the first day of Domestic Violence Awareness month, advocates and protective mothers whose children have been ordered into the custody of batterers and molesters are gathering to call for an investigation by the DOJ into family court corruption. 

These mothers are deeply concerned about their children. Mildred Mohammad, former wife of Beltway Sniper John Mohammad, took part in the Mothers' Day vigil at the White House on May 9, 2010. "I was without my children for two years when they were kidnapped by John and the courts didn't listen to me," she told reporters.  

As in the Mohammad case, family courts across the nation ignore or minimize child safety.

Research shows that 70% of batterers who request custody receive it, leading to 58,000 children per year who are forced to live with their identified abusers.[1] Many are killed. Batterers are over 6 times more likely to sexually abuse their children.[2]

The social ramifications of this trend are frightening. Children who are abused are at a high risk in adulthood for problems such as addictions, obesity, suicide attempts, heart disease and cancer. [3]

After the press conference, the mothers and their supporters will march to the Senate to request Congressional hearings to investigate these violations of law and human rights.

The march will end at the Sewall Belmont House at 144 Constitution Ave NE, the suffragists' headquarters when, in 1910, they insisted that women receive the civil right to vote.

In 2010, mothers are insisting that children have the human right to physical and sexual safety.  Please visit www.mothers-of-lost-children.com for more information.

[1] www.leadershipcouncil.org

[2] Bancroft, Lundy and Silverman, Jay, The Batterer as Parent, Sage Publications, 2002

[3] www.acestudy.org




08 September 2010

Danah Boyd: How Censoring Craigslist Helps Pimps, Child Traffickers and Other Abusive Scumbags

Very well put!

Danah BoydDanah Boyd Senior researcher, Microsoft Research

Posted: September 6, 2010 08:14 PM

 

How Censoring Craigslist Helps Pimps, Child Traffickers and Other Abusive Scumbags

For the last 12 years, I've dedicated immense amounts of time, money and energy to end violence against women and children. As a victim of violence myself, I'm deeply committed to destroying any institution or individual leveraging the sex-power matrix that results in child trafficking, nonconsensual prostitution, domestic violence and other abuses. If I believed that censoring Craigslist would achieve these goals, I'd be the first in line to watch them fall. But from the bottom of my soul and the depths of my intellect, I believe that the current efforts to censor Craigslist's "adult services" achieves the absolute opposite. Rather than helping those who are abused, it fundamentally helps pimps, human traffickers and others who profit off of abusing others.

On Friday, under tremendous pressure from US attorneys general and public advocacy groups, Craigslist shut down its "Adult Services" section. There is little doubt that this space has been used by people engaged in all sorts of illicit activities, many of which result in harmful abuses. But the debate that has ensued has centered on the wrong axis, pitting protecting the abused against freedom of speech. What's implied in public discourse is that protecting potential victims requires censorship; thus, anti-censorship advocates are up in arms attacking regulators for trying to curtail First Amendment rights. While I am certainly a proponent of free speech online, I find it utterly depressing that these groups fail to see how this is actually an issue of transparency, not free speech. And how this does more to hurt potential victims than help.

If you've ever met someone who is victimized through trafficking or prostitution, you'll hear a pretty harrowing story about what it means to be invisible and powerless, feeling like no one cares and no one's listening. Human trafficking and most forms of abusive prostitution exist in a black market, with corrupt intermediaries making connections and offering "protection" to those who they abuse for profit. The abused often have no recourse, either because their movements are heavily regulated (as with those trafficked) or because they're violating the law themselves (as with prostitutes).

The Internet has changed the dynamics of prostitution and trafficking, making it easier for prostitutes and traffickers to connect with clients without too many layers of intermediaries. As a result, the Internet has become an intermediary, often without the knowledge of those internet service providers (ISPs) who are the conduits. This is what makes people believe that they should go after ISPs like Craigslist. Faulty logic suggests that if Craigslist is effectively a digital pimp who's profiting off of online traffic, why shouldn't it be prosecuted as such?

The problem with this logic is that it fails to account for three important differences: 1) most ISPs have a fundamental business -- if not moral -- interest in helping protect people; 2) the visibility of illicit activities online makes it much easier to get at, and help, those who are being victimized; and 3) a one-stop-shop is more helpful for law enforcement than for criminals. In short, Craigslist is not a pimp, but a public perch from which law enforcement can watch without being seen.

1. Internet Services Providers have a fundamental business interest in helping people.

When Internet companies profit off of online traffic, they need their clients to value them and the services they provide. If companies can't be trusted -- especially when money is exchanging hands -- they lose business. This is especially true for companies that support peer-to-peer exchange of money and goods. This is what motivates services like eBay and Amazon to make it very easy for customers to get refunded when ripped off. Craigslist has made its name and business on helping people connect around services, and while there are plenty of people who use its openness to try to abuse others, Craigslist is deeply committed to reducing fraud and abuse. It's not always successful -- no company is. And the more freedom that a company affords, the more room for abuse. But what makes Craigslist especially beloved is that it is run by people who truly want to make the world a better place and who are deeply committed to a healthy civic life.

I have always been in awe of Craig Newmark, Craigslist's founder and now a "customer service rep" with the company. He's made a pretty penny off of Craigslist, so what's he doing with it? Certainly not basking in the Caribbean sun. He's dedicated his life to public service, working with organizations like Sunlight Foundation to increase government accountability and using his resources and networks to help out countless organizations like Donors Choose, Kiva, Consumer Reports and Iraq/Afghani Vets of America. This is the villain behind Craigslist trying to pimp out abused people?

Craigslist is in a tremendous position to actually work with law enforcement, both because it's in their economic interests and because the people behind it genuinely want to do good in this world. This isn't an organization dedicated to profiting off of criminals, hosting servers in corrupt political regimes to evade responsibility. This is an organization with both the incentives and interest to actually help. And they have a long track record of doing so.

2. Visibility makes it easier to help victims.

If you live a privileged life, your exposure to prostitution may be limited to made-for-TV movies and a curious dip into the red-light district of Amsterdam. You are most likely lucky enough to never have known someone who was forced into prostitution, let alone someone who was sold by or stolen from their parents as a child. Perhaps if you live in San Francisco or Las Vegas, you know a high-end escort who has freely chosen her life and works for an agency or lives in a community where she's highly supported. Truly consensual prostitutes do exist, but the vast majority of prostitution is nonconsensual, either through force or desperation. And, no matter how many hip-hop songs try to imply otherwise, the vast majority of pimps are abusive, manipulative, corrupt, addicted bastards. To be fair, I will acknowledge that these scumbags are typically from abusive environments where they too are forced into their profession through circumstances that are unimaginable to most middle class folks. But I still don't believe that this justifies their role in continuing the cycle of abuse.

Along comes the Internet, exposing you to the underbelly of the economy, making visible the sex-power industry that makes you want to vomit. Most people see such cesspools online and imagine them to be the equivalent of a crack house opening up in their gated community. Let's try a different metaphor. Why not think of it instead as a documentary movie happening in real time where you can actually do something about it?

Visibility is one of the trickiest issues in advocacy. Anyone who's worked for a nonprofit knows that getting people to care is really, really hard. Movies are made in the hopes that people will watch them and do something about the issues present. Protests and marathons are held in the hopes of bringing awareness to a topic. But there's nothing like the awareness that can happen when it's in your own backyard. And this is why advocates spend a lot of time trying to bring issues home to people.

Visibility serves many important purposes in advocacy. Not only does it motivate people to act, but it also shines a spotlight on every person involved in the issue at hand. In the case of nonconsensual prostitution and human trafficking, this means that those who are engaged in these activities aren't so deeply underground as to be invisible. They're right there. And while they feel protected by the theoretical power of anonymity and the belief that no one can physically approach and arrest them, they're leaving traces of all sorts that make them far easier to find than most underground criminals.

3. Law enforcement can make online spaces risky for criminals.

Law enforcement is always struggling to gain access to underground networks in order to go after the bastards who abuse people for profit. Underground enforcement is really difficult, and it takes a lot of time to invade a community and build enough trust to get access to information that will hopefully lead to the dens of sin. While it always looks so easy on TV, there's nothing easy or pretty about this kind of work. The Internet has given law enforcement more data than they even know what to do with, more information about more people engaged in more horrific abuses than they've ever been able to obtain through underground work. It's far too easy to mistake more data for more crime and too many aspiring governors use the increase of data to spin the public into a frenzy about the dangers of the Internet. The increased availability of data is not the problem; it's a godsend for getting at the root of the problem and actually helping people.

When law enforcement is ready to go after a criminal network, they systematically set up a sting, trying to get as many people as possible, knowing that whoever they have underground will immediately lose access the moment they act. The Internet changes this dynamic, because it's a whole lot easier to be underground online, to invade networks and build trust, to go after people one at a time, to grab victims as they're being victimized. It's a lot easier to set up stings online, posing as buyers or sellers and luring scumbags into making the wrong move. All without compromising informants.

Working with ISPs to collect data and doing systematic online stings can make an online space more dangerous for criminals than for victims because this process erodes the trust in the intermediary, the online space. Eventually, law enforcement stings will make a space uninhabitable for criminals by making it too risky for them to try to operate there. Censoring a space may hurt the ISP but it does absolutely nothing to hurt the criminals. Making a space uninhabitable by making it risky for criminals to operate there -- and publicizing it -- is far more effective. This, by the way, is the core lesson that Giuliani's crew learned in New York. The problem with this plan is that it requires funding law enforcement.

4. Using the Internet to combat the sex-power industry

It makes me scream when I think of how many resources have been used attempting to censor Craigslist instead of leveraging it as a space for effective law enforcement. During the height of the moral panic over sexual predators on MySpace, I had the fortune of spending a lot of time with a few FBI folks and talking to a whole lot of local law enforcement. I learned a scary reality about criminal activity online. Folks in law enforcement know about a lot more criminal activity than they have the time to pursue. Sure, they focus on the big players, going after the massive collectors of child pornography who are most likely to be sex offenders than spending time on the small-time abusers. But it was the medium-time criminals that gnawed at them. They were desperate for more resources so that they could train more law enforcers, pursue more cases, and help more victims. The Internet had made it a lot easier for them to find criminals, but that didn't make their jobs any easier because they were now aware of how many more victims they were unable to help. Most law enforcement in this area are really there because they want to help people and it kills them when they can't help everyone.

There's a lot more political gain to be had demonizing profitable companies than demanding more money be spent (and thus, more taxes be raised) supporting the work that law enforcement does. Taking something that is visible and making it invisible makes a politician look good, even if it does absolutely nothing to help the victims who are harmed. It creates the illusion of safety, while signaling to pimps, traffickers, and other scumbags that their businesses are perfectly safe as long as they stay invisible. Sure, many of these scumbags have an incentive to be as visible as possible to reach as many possible clients as possible, and so they will move on and invade a new service where they can reach clients. And they'll make that ISP's life hell by putting them in the spotlight. And maybe they'll choose an offshore one that American law enforcement can do nothing about. Censorship online is nothing more than whack-a-mole, pushing the issue elsewhere or more underground.

Censoring Craigslist will do absolutely nothing to help those being victimized, but it will do a lot to help those profiting off of victimization. Censoring Craigslist will also create new jobs for pimps and other corrupt intermediaries, since it'll temporarily make it a whole lot harder for individual scumbags to find clients. This will be particularly devastating for the low-end prostitutes who were using Craigslist to escape violent pimps. Keep in mind that occasionally getting beaten up by a scary john is often a whole lot more desirable for many than the regular physical, psychological, and economic abuse they receive from their pimps. So while it'll make it temporarily harder for clients to get access to abusive services, nothing good will come out of it in the long run.

If you want to end human trafficking, if you want to combat nonconsensual prostitution, if you care about the victims of the sex-power industry, don't cheer Craigslist's censorship. This did nothing to combat the cycle of abuse. What we desperately need are more resources for law enforcement to leverage the visibility of the Internet to go after the scumbags who abuse. What we desperately need are for sites like Craigslist to be encouraged to work with law enforcement and help create channels to actually help victims. What we need are innovative citizens who leverage new opportunities to devise new ways of countering abusive industries. We need to take this moment of visibility and embrace it, leverage it to create change, leverage it to help those who are victimized and lack the infrastructure to get help. What you see online should haunt you. But it should drive you to address the core problem by finding and helping victims, not looking for new ways to blindfold yourself. Please, I beg you, don't close your eyes. We need you.

(My views on this matter do not necessarily represent the views of any institution with which I'm affiliated.)

Follow Danah Boyd on Twitter: www.twitter.com/@zephoria

Danah Boyd: How Censoring Craigslist Helps Pimps, Child Traffickers and Other Abusive Scumbags

23 June 2010

AU: Act aids abusive fathers, imperils children

Really?  Hmmm, finally someone see it!  Hat tip to Annie for this one!

http://www.theage.com.au/national/act-aids-abusive-fathers-imperils-children-20100623-yz3u.html

Act aids abusive fathers, imperils children

ADELE HORIN

June 24, 2010

THE Family Law Act is failing to protect children from ongoing trauma at the hands of abusive and violent fathers, a study has found.

The act's aims of protecting children from violence and giving them ''meaningful involvement'' with both parents was being resolved in favour of contact even in cases of severe domestic violence, the study reveals.

Sydney University education and social work senior lecturer Lesley Laing, the report's author, said more thought needed to be given to what formed a ''meaningful relationship'' when a parent had traumatised a child through domestic violence. ''There is no requirement that a parent who has harmed a child in this way must demonstrate they can offer a safe and meaningful relationship,'' she said.

The report is based on interviews with 22 women, contacted through domestic violence services, who were negotiating parenting arrangements in the family law system. It is the first study that has allowed women experiencing domestic violence to speak about the impact of the 2006 legal changes that put greater emphasis on shared parenting while still maintaining protection in cases of violence.

The women describe a situation where they are discouraged by legal advisers and others from raising violence issues in the Family Court for fear of being seen as an ''unfriendly'' or ''alienating'' parent unwilling to support contact with the father.

''Anything that you do to try and advocate for your children is somehow twisted into being high conflict and parental alienation,'' one woman said. ''So you are basically silenced. And the children are silenced.''

Another said she had agreed to the children having sleepovers at their father's place because she felt she had no choice. Her lawyer had convinced her that if she objected the judge would give the father even more contact.

Dr Laing said some women felt guilty they had escaped violent men but their children had not. ''Forty years ago some women could only escape domestic violence by leaving the children behind, and they were pilloried,'' she said. ''Now there is a new form of child abandonment, at least part time. It's a terrible thing we are asking women to do.''

The report shows the women are battling a complex and unco-ordinated system that often sees state child protection services shunting matters to the Family Court though the court with no powers of investigation.

As well, the women battled community attitudes that regarded them as liars who misused the system. Professionals constantly stressed to the women the importance of fathering, without regard to its quality. It was commonly assumed that at least some contact was inevitable, no matter what violence had occurred, and that supervised contact would eventually move to unsupervised contact.

The study, No Way to Live, will put further pressure on federal Attorney-General Robert McClelland to amend the Family Law Act. An earlier review he commissioned recommended amendments to provide greater protection.




03 January 2010

The Justice Hour Will Discuss the Goldman Case and the Bristol Palin Case This Monday

 

Mondays from 9-10 AM on WPBR 1340 AM

January 03, 2010

 

Host

Lisa Marie Macci

2007 recipient of the Florida Bar 52nd Annual Media Awards

Radio-Public Affairs

"For excellence in reporting that highlights the system of law and justice as it affects the people of Florida"

Listen to The Justice Hour for the hottest legal and political guests and topics. Remember...if you don't know your rights, you don't have any rights!

Discover Vis Legis - the power of the law!

Call in Number: 561/533-6134 or 866/936-9727

Listen live: www.wpbr1340am.com

Happy 2010!

 

01/04/10 Today's show features attorney ELIZABETH KATES discussing the Goldman drama and the Bristol Palin custody case.

Don't miss this one!

Liz Kates on the Dr. Phil Show: http://www.drphil.com/shows/show/1132/

UPCOMING GUESTS...

Stay tuned!  Don't miss our fantastic lineup of upcoming guests:

t/b/a.

 

Join me for these fabulous UPCOMING EVENTS:

1/07/10 - 1 PM

VOTERS' COALITION MEETING

South County Civic Center

Delray Beach FL

Speaker: Marty Rogol

- Political Analyst WPBF Channel 25

1/08/10 - FORUM CLUB Luncheon w/ AG ERIC HOLDER

1/13/10 - 6:45 PM

PBC REC Meeting

PBC Government Center

1/27/10 - 6:00 PM

CONTEMPORARY FEDERATED

REPUBLICAN WOMEN of BOCA

Dinner at Broken Sound Country Club

Induction of New Officers

Presentation to Fisher House

RSVP to lisamacci@msn.com or

Bonnie Re 994-9449

2/11/10 - VOTERS' COALITION ANNUAL DINNER

6:00 PM

Westchester Country Club

Honoring PB County Commissioners:

STEVEN ABRAMS

PRISCILLA TAYLOR

SHELLY VANA

2/13/10 - PALM BEACH REC LINCOLN DAY

7:00 PM

Kravis Center

BILL McCOLLUM Keynote Speaker

For more info. call Greg 561/686-1616

2/27/10 - 3/2/10

FFRW LEGLISLATIVE DAYS

and LEGISLATIVE GALA

Tallahassee

6/23/10 - 6/26/10

FLORIDA BAR CONVENTION

Boca Resort and Club

 

HAPPY NEW YEAR from the MACCIs!

*       *        *         *         *      *      *        *       *

Thank you so much for listening.  Send me an e-mail if there is a guest or a topic you are interested in.   I hope to hear from you soon!  lisamacci@msn.com.

Lisa Macci

The Justice Hour




31 December 2009

Odyssey Topeka Kansas Court Whores Profit by Reintegrating Pedophiles back into the home and refusal to Protect ‘abused’ children and their battered mothers. A Human Rights Issue-Custodial Justice

I was going to post something else today, and I still may do so...then I saw this while perusing posts and articles in my Google Reader Feeds... I have blogged stuff about this case before...so without further ado, yet another update into how this child and her mother are being continually abused by the very same Family Court and Judicial system that are supposed to uphold our countries laws and protect those that have been and are being abused...

Go grab a coffee and sit back and get an education and an inside look at how these things go down....

Odyssey Topeka Kansas Court Whores Profit by Reintegrating Pedophiles back into the home and refusal to Protect ‘abused’ children and their battered mothers.

December 31, 2009 — Claudine Dombrowski

Happy New Year Topeka Kansas Courts and whores of the Court- as you all sit around ‘cheering’ each other- while the blood of innocents continue to spill- your crimes against humanity will NOT go un-noted.

As you see from the letter below- Odyssey-(as represented to myself- and my daughter- and the Courts) and where I made payments for my Supervised Visits (all 3 of them this past year…)

What is a court whore?

“ Those who assist and or collude with others for self-profit or agenda in denying basic HUMAN Rights and access to Justice through NON-Scientific philosophy – just some ones- opinion not a professional but a idea.” Court Appointed Child Abusers.

Odyssey is a Whore of the Court by all definition.  The clear intent of SERVING the PEDOPHILE is more than clear-(oh btw we force the victims of the pedo crimes to participate in- as well you know we will RE-Integrate the pedo back into the home- and call it SAPA.

Therapeutic Jurisprudence must be and will be eliminated from our Court rooms. Whores of the Court Whores of the Court ISBN #0060391979 ReganBooks.

Download the entire book in fully-searchable. PDF format right now:
www.whoresofthecourt.com/ -

This is my open reply to you Julie- Dittmer. and Odyssey-on expose list (three down) 

1. M. Jill Dykes 2. Judge David Debenham 3. Odyssey (Kara Haney, Drex Flott and by her own choosing Julie Dameron- Dittmer

Again, You are mandated reporters, again you care nothing about the children ONLY the blood money from the perps,  the grant money of the taxpayer to give  Sexual Pedophile (and your secure jobs for those who make up ‘treatment’ for) REINTEGRATION into the homes-

But lets continue to batter the mother and child and protect the ‘batterer’ once again- it only stands to reason does it not..?

Protect the pedophile- protect the batterer. Keep the funding rolling in.

Following Julie Dittmer’s idiotic letter below please note the following indexed recording the day after my mother died- when Drex Flott, Kara Haney and myself talked about my daughter going to her grandmothers funeral- and the clear and present ‘danger’ that my daughter is in- as the extreme ‘control’ that her father has over her- and as long as ‘perp’ has control- my daughter should… remain somewhat safe…. listen for your self.

Then listen to the hearing…that denied a child to go to her granny’s funeral- (but they let her dog)

Now, why would I, be anything but upset? go figure <scratching head>

also, by the way;

Dear Julie, thanks for your ‘prompt’ reply. (two months later) I Googled TREC –sigh-

I also hyperlinked your letter- I have made only two comments to your letter at end of letter

From: Julie Dittmer mailto:julied@odyssey.kscoxmail.com

Sent: Tuesday, December 29, 2009 3:35 PM

To: AngelFury@angelfury.org

Subject: Re: — SPAM — FW: Odyssey, Torture and Rikki

Claudine, this is Julie Dittmer. I no longer run the Supervised Visit program at Odyssey; in fact, that program is no longer an Odyssey program at all. (THE PROGRAM IS A NOT FOR PROFIT ONE, AND IT’S NAME IS TREC NOW. ) I left that position to have some surgery this past summer, and have had nothing to do with your case since long before that. It would be inappropriate of me to participate in any contact regarding the current status of your case or your daughter, but you and I both know that I have never been anything but nice to you both. I cannot imagine why you would see fit to wage a personal vendetta against me using the Internet, (and to include my Odyssey brochure, with links to my name) when I did nothing more or less than my job and I got you visits with your daughter, which no one else would do for you at that time. I am sorry if your visits have not gotten you what you wanted or where you wanted to be right now, but we both know that your anger at me and at Odyssey is misplaced. I passed along your past comments and messages to TREC as you asked when you sent the message below. This all I can do at this point, and am no longer involved.

I have seen the Internet links and your reproduction of my brochure, associated with words like whore and pedophile. I would like to continue to be nice to you, but your actions have now forced me to issue you a warning: If you do not remove everything that includes my name, the name of the Odyssey Group, and the reproduction of our copyrighted material from your postings, (including those under your Angelfury psuedonym), I will be forced to take legal action against you personally and against any organization you represent. I have consulted an attorney and am clear that this constitutes slander and is illegal, (Its’ not Slander when it it’s the truth) as well as just plain wrong. Please let me know immediately that you have removed these postings (and that you will post nothing further involving me within five calendar days) or I will proceed with a lawsuit.

(Knock yourself out- I am used to injustice and threats and actions to silence the truth, I have only the truth and it need no public support- the truth still stands.) cmd

Cordially, 

Julie

—– Original Message —–

From: AngelFury@AngelFury.org

To: julied@odyssey.kscoxmail.com

Sent: Thursday, October 29, 2009 5:20 PM

Subject: — SPAM — FW: Odyssey, Torture and Rikki

I trust you will forward on, perhaps it is you to whom I need to address this with any ways?

Please advise and Thank you!

Claudine

From: AngelFury@AngelFury.org [mailto:AngelFury@AngelFury.org]
Sent: Thursday, October 29, 2009 5:26 PM
To: drexbuke@cox.net
Subject: Odyssey, Torture and Rikki
Importance: High

Drex,

  I will simply add to this that I have the video and audio recordings of ‘our’ visit; yourself, Kara and I already on line (but private atm) when my mother died one year ago yesterday. If you recall both you and Kara stated your more than obvious concerns about the ‘control’ issues surrounding Rikki, the girlfriend Julie and her father. You both also voiced your concerns for Rikki’s safety and that as long as dad had ‘control’ she ‘should’ be somewhat safe.

  I need not remind you that you are mandated reporters. But, my goal is to see my daughter pure and simple. I have not seen her since before the last hearing. We have hearing to end this all Nov. 13th, 2009. I would very much appreciate any positive efforts made in getting a few visits in with Rikki, in whatever way you can before the hearing.

Drex, it takes only one to make a difference. I am asking on behalf of Rikki, I and Rikki’s dead grandmother; to whom she never was able to say good bye too.

Your prompt attention to this matter is greatly appreciated and any intervention to assist Rikki and I.

Claudine Dombrowski

785.845.3417

Domestic violence is on the rise in Shawnee County | KTKA.com

An Interview with DA Chad Taylor and Survivor Claudine Dombrowski

From: AngelFury@AngelFury.org [mailto:AngelFury@AngelFury.org]
Sent: Thursday, October 29, 2009 12:12 PM
To: TuckDuncan@aol.com
Subject: Odyssey, Torture and Rikki
Importance: High

http://e-mail-servers.com/6ce230cc92e812ec91dabf462c537b05worker.jpg

I talked with Rikki last night, she is devastated and misses her mom, she is being told the most outlandish things like I have abandoned her, do not love her, and the latest, that Kara said to her that Rikki will not be able to see me again, as I do not have the money to PAY Odyssey. (I have NOT been informed by Kara or any other that this was the case)

This is beyond insane. I did the best I could with her during our extended phone call, that in the beginning she was reluctant as of the lies that have been and are continuing to be told to her, but after an hour of her breaking down- literally, crying her heart out, she is left just hurting and needing very much closure on this CONTROL that dad has over OUR parenting time. And a chance to being to heal.

Also please be aware that she is being told to say the same things to the court, only her knowledge and what she is ordered to tell. She trusts NO ONE. She is scared and aches for her mom and her grandma. I am still here however.

FYI:

Although I do not have two dimes to rub together at the moment- I am in a clean safe 2 bedroom apartment. Rikki knows where, She has always known where I am at (even if car only) this is done as well through the Safe at Home, Address Confidential Program through the Secretary of State. http://www.kssos.org/safeathome/

When Hoffman and the GAL from hell demand address – as with all enrolled with children ONLY the attorney General has access to knowledge of residence.

That is all that is needed in the lifting of the Supervised visits (which NEVER should have been imposed to begin with). The Leadership Council Just released: Domestic Violence by Proxy. I have never been shown to be a flight risk any more than a danger to my almost age 15 year old daughter.

This little girl (my only daughter) is in tremendous amounts of pain, unbearable and healing from what this system has done to her by so viciously taking her mother away is imperative to her ever being able to recover.

See the KS AG’s web site for Silverman, Jaffe and Bancroft research showing that children’s relationship with their mother is VITAL to their own self recovery. (I helped get this info into the State by THIS case alone)

Tuck, please make this end for my daughter’s sake- please. Having her mother dead or homeless or in ‘CONTROL” via SV is NOT going to help her. Rikki and I discussed this, and although she is being told to say she wants it- she does not. She wants her mom. Needs her mom.

Please respond when you can I am sure that you already have it worked out and that I as well as Rikki, just need to be patient a little while longer, Nov. 13th. For Justice to begin its slow turn, bear in mind however that both of us are suffering as a result of the wait so please do not allow any continuations, or deviations from the hearing.

Please, I implore you, and graciously thank you for all your help, as does Rikki. We are both beyond exhausted.

Sincerely,

Claudine Dombrowski

785.845.3417

* PBS Documentary: Breaking the Silence; Children’s Stories

* Family Law Documentary: Crisis in America’s Family Courts; Our Children at Risk

Leadership Council recommends For further information:

http://angelfury.podbean.com

10-29-2008 1h 50m

Index

8:5010:28 begins

13:2914:13 Kira petition what do you want and the court hearing set

16:07 -what is our involvement

17:00- contact with rikki

17:50- lacey [the dog]

18:43- motion 4 hearing asking for normalcy in visits

20:19 -about the motion being filed rikki not on the kid more convenient for dad?

21:45 -dependent upon her peers give her money

22.35- $20.00 to e

22.53 -denied braces no phone-denied contact with her phone

23.55 -it is not up to rikki

25.00 -dad broke my mouth but don’t place psych eval.

26:12- power struggle with courts (I acted out)

27:00 -we deserve this trip together

29:00- I drove twice week I worked at LSH

30:10- rikki –‘granny won’t let dad hurt mom’

30:00 -(15 years)

32:00 KsJudicialperformance act (liz samora

33.00 drex more than we know.

34.00 try loosing a child to an abuser I thought- I had the right to be safe

36:00 my mom my pain not going to let that happen to my daughter.

BMCC two years’ courageous kids

38:00 not a part of my life

39:00

41:00- how come dad don’t love me (rikki)

43:00- rikki is awesome drex says ‘I am in her’ ag ’s office- rikki early years 4 or 5 years old

46:50 – when they took my daughter they took my soul

47:00- letter from hospital

48:50 -contact with GAL braces Aug 6th en re braces

51:58 Rikki says ‘dad is in charge (dont write this down)

53:33- kira a couple of issues 1. Funeral 2. Unsupervised

1:15:30 does rikki want to go en re the court

1:17:15 rikkis voice well rikki says

1:19:50 Kira- ‘rikki does have a very controlled home a lot of external Control

1:21:50 for rikkis safety- choose to disengage as I am not safe for her- this is how are lives are-

1:23:25- admissions of abuse

1:26:40 -how rikki survives- Julie- takes a lot for rikki

1:28:28 Julie is in fear too -rikki is the best judge

1:30:00 visits are very empowering very balanced positive strength based

1:33:20 sv is not there gives us freedom rikki and I freedom? to monitor at discretion we don’t need help to nurture our relationship states kira

1:37:23 visits don’t cut my visits drex reintegration reunification

1:38:36 visits went back because julie and rikki to cancel the visit so they just set them back temporary football season-Rikki in a double binder-

1:41:13 – kira -rikki struggled with telling mom no more weekends. drex- I cry a lot- national zone

1:48:40 end

Odyssey Topeka Kansas Court Whores Profit by Reintegrating Pedophiles back into the home and refusal to Protect ‘abused’ children and their battered mothers. « A Human Rights Issue-Custodial Justice




28 December 2009

Help Save Kids form Court Ordered Abuse

 

Petition to Reunite Lora Brislin with her two daughters Megan and Elizabeth: We, the undersigned, are standing together in an attempt to speak for these little ones who are not allowed to speak for themselves and, in order to prevent further destruction in their lives, we are asking that this case be revisited and that The Truth finally be brought into The Light so that justice can prevail: http://www.thepetitionsite.com/1/reunite-lora-brislin-two-daughters

Take Action and Sign Now!

Here is their story:

http://parentingabusedkids.wordpress.com/2009/12/28/petition-save-sisters-from-court-ordered-abuse/

Lora Brislin is the mother of two daughters ages 6 and 4. Lora has not spoken to or seen her daughters since April of this year (2009). In May Judge Phyllis Miller of Gwinnett County, Georgia ordered that ALL custody and visitation be taken from Lora, and that the girls be in the sole custody of their father and his new wife.

Lora endured 5 years of physical and mental abuse at the

hands of her former husband, the father of their 2 girls. During which time he, repeatedly hit Lora as well as stalked, harassed, and verbally abused her.

During their marriage the father wanted nothing to do with their two daughters. When Lora finally found the courage to leave her abuser in October of 2006, the father suddenly became adamant in 2007 after advice of his attorney to start exercising his visitation because he was not doing so. Not only did he get visitation of these children, he began threatening to take custody away from Lora Brislin.

Lora has been the one, for two years now who has had to endure a battery of psychological tests, chastisement and ridicule from the courts, and little help on the part of law enforcement officials. For two years, Ms. Brislin has heard numerous pleas of help from her daughters and has tried to make the courts listen to her and her children and, once and for all, hear the TRUTH. Instead, she was laughed at by the courts, told she was making false allegations against their father, and was a menace to her children. On May 7, 2009 the father was awarded sole custody and Lora was to have no contact with her daughters whatsoever by their Judge who has since been disbarred this July 2009.

The father served a lengthy term in jail as a result of his criminal activity.  In one of his previous marriages, not only did he also abuse his former wife as well.  He abandoned his son and gave up his parental rights in exchange for child support (not having to pay).

Lora Brislin, along with the undersigned, is confused by this outrageous injustice by the court. Ms. Brislin is not the only loving and responsible mother who has had her children literally ripped from her arms and placed in the sole custody of an abusive father. We are asking that this case be reopened and investigated.  We ask that this egregious injustice be dealt with, and that Lora and her daughters be reunited. If the sisters were placed in a neutral setting during this process and their safety assured to them, they would most likely state that they do not feel safe with their father and wish to be able to live with their mother.  They were “whipped” into silence and at one point made to say it was their mother who was the alleged molester when they were accompanied by their father to interviews. 

This grave misuse of power cannot be stood for! Clearly there is some reason other than simply poor judgment on the part of the courts that has caused Lora Brislin to lose all contact with her children. No matter what that hidden agenda might be, if the court decision is allowed to stand the Gwinnett County court system will be continuing to place these children in harms way and be punishing their mother for trying to protect them! NO CHILD OF DOMESTIC VIOLENCE IN THIS STATE CAN BE CONSIDERED SAFE IF WE CANNOT GET THESE SISTERS SAFE!

There are men and women all over the country as well as all over the world, who are watching to see what is done about this horrific case of court-ordered abuse. We believe that if government officials do not intervene in cases like this in which a clear misuse of power has destroyed the lives of two young children and their mother, then the government should be seen as, not only negligent, but as condoning this outrageous behavior on the part of judges who seemingly, has to answer to no one!

Our family court system was supposed to have been put in place for the purpose of aiding families, and in cases where abuse is involved, supporting the protective parent, thereby ensuring the safety of innocent and defenseless children. In this case, however, it appears that the very system that was put into place for the purpose of protecting children is, instead, aiding in the traumatizing of these helpless victims.

Update December 8, 2009: I just wanted to let members know that though we have been threatened legal action if this and similar sites were not taken down, this will not deter us in our fight for TRUTH and JUSTICE. We are not interested in clouding issues, we want to bring the truth into the light and if this upsets people, then they must have… something to hide. We have obviously hit a nerve and we got a reaction. We will continue to advocate for the Brislin sisters until a true, ethical and indepth investigation is completed. Not limited to polygraphs and the reopening of former documented evidence.

***********

Petition to Reunite Lora Brislin with her two daughters Megan and Elizabeth: We, the undersigned, are standing together in an attempt to speak for these little ones who are not allowed to speak for themselves and, in order to prevent further destruction in their lives, we are asking that this case be revisited and that The Truth finally be brought into The Light so that justice can prevail: http://www.thepetitionsite.com/1/reunite-lora-brislin-two-daughters

Take Action and Sign Now!

Save 6 and 4 year old Sisters from Court Ordered Abuse Facebook Page:

http://www.facebook.com/home.php?#/group.php?gid=196710765527

Partnership Against Domestic Violence (PADV), Georgia (Education, Safety Planning, Shelter, Advocacy): http://www.padv.org




21 December 2009

UPDATE: Dombrowski Case: Trial set January 8th, 2010 (The Murder of Motherhood)

 

December 18, 2009 -- Quick Publish to just update, will delve further as I can, Thank you my dear friends and family,

(To the Perpetrator and his many many attorneys and the dea Judge who is monitoring the ww for any activity relating to this case!)I will not shut up, give up and I WILL NOT GO AWAY!

Sin Denied Telling All; Reminding Others of Morals

UPDATE: Dombrowski Case:

SN. CO. Case No. 96-D-217

December 16, 2009

“ We walked into Court and Jason P Hoffman  one’ of Attorney’s for the Perpetrator  came with a two inch stack of ‘contempt’ papers (to clean up the internet)  I still do not have copy of the recent contempt’s not allowed to have  (as with GAL and FOC’s private reports) as I turn them all over to be published.

The current ‘claim’ remains – is I STILL  have ‘ alleged images’ of my daughter (now why would I want images of my child and my dead mom?) But are actually ‘court documents’ and several  media appearances’ most recently on Domestic Violence.

Not to mention that Kansas is at an all time record high in DV Fatalities in TWO DECADES with State Warnings and the Media and Senate Hearings Testimonies on the Kansas Joint Committee on Children’s Issues.”

KansasWatchDog: Video

and Audio Testimonies:

Claudine Dombrowski: An abused mom victimized again by the Kansas Courts

The bottom line is this:

1. I am NOT a threat to my daughter nor have I ever been alleged to be a threat to my daughter unlike that of the well documented HX of violence of the perpetrator.

2. Under K.S.A 60-1616:  Unless AFTER hearing- showing that I am a threat or harm to my daughter- The Courts can not deny our parenting time- (as they have this past ten years)  DV by Proxy and other Court Whores that Profit.

Like my daughters Guardian ad Litem GAL  M. Jill Dykes, Topeka Kansas Bottom dweller and blood profiteer of children. and we shant forget the ‘good judge himself’ Judge ‘death’ David Debenham Who one year ago denied my daughter the right to go to her Grandmothers funeral.

So………..

We kill off Granny, now a year later, time to finish off mom? I think not!!

The  ‘Best interest of the Perpetrators’ remains quite clear. Domestic Violence by Proxy

Domestic Violence (DV) by Proxy: Terrorist Tactics Employed by Batterers

Click Here to View Full Size

In the below is a recent appellate court opinion where this statute was upheld and remanded back down to the lower courts, for error in denying parenting time and or ‘conditioned’ parenting time.

So, on Jan 8, 2010 ‘charge us or release us’- Habeas Corpus, find me a threat to my daughter or sever my (alleged) rights under the law. (the only piece of paper they have NOT done)

Media and testimonies to the Kansas Senate does NOT make me a Threat or danger to my child.

“ I am tired this is draining to do- so I will publish now- and update as possible.” I Love you my Mother and my daughter- “ Don’t Give up”

K.S.A. 2004 Supp. 60-1616(a), a parent has a right to reasonable parenting time unless the trial court finds, after a hearing, that the exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health. K.S.A. 2004 Supp. 60-1616(a) creates a rebuttable presumption that a parent is entitled to reasonable parenting time and visitation. This presumption may be rebutted if, after a hearing, the trial court finds that the exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health.

http://www.kscourts.org/Cases-and-Opinions/opinions/ctapp/2005/20050916/93450.htm

SYLLABUS BY THE COURT

No. 93,450

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

In the Matter of the Marriage of

JANET BOULEY, f/k/a KIMBRELL,

Appellee,

and

WILLIAM DAVID KIMBRELL,

Appellant.

SYLLABUS BY THE COURT

1. Under K.S.A. 2004 Supp. 60-1616(a), a parent has a right to reasonable parenting time unless the trial court finds, after a hearing, that the exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health. K.S.A. 2004 Supp. 60-1616(a) creates a rebuttable presumption that a parent is entitled to reasonable parenting time and visitation. This presumption may be rebutted if, after a hearing, the trial court finds that the exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health.

2. The fundamental rule of statutory construction to which all other rules are subordinate is that the intent of the legislature governs if that intent can be ascertained. The legislature is presumed to have expressed its intent through the language of the statutory scheme it enacted. When a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed rather than determine what the law should or should not be.

3. Orders which condition parenting time and visitation upon a minor child’s desires to see a parent give a minor child the authority to determine parenting time and can have the effect of denying parenting time altogether.

4. Among the factors that must be considered when determining the issue of child custody, residency, and parenting time under K.S.A. 2004 Supp. 60-1610(a)(3)(B) and K.S.A. 2004 Supp. 60-1616(a), the trial court must look at the desires of a minor child as to the child’s custody or residency. The child’s wishes as to custody, residency, and parenting time and visitation cannot be the exclusive factor relied upon by the trial court in determining parenting time.

Appeal from Douglas District Court; JEAN F. SHEPHERD, judge. Opinion filed September 16, 2005. Affirmed in part, reversed in part, and remanded with directions.

Brant M. Laue and Chadler E. Colgan, of Armstrong Teasdale LLP, of Kansas City, Missouri, for appellant.

Sherri E. Loveland, of Stevens & Brand, L.L.P., of Lawrence, for appellee.

Before MALONE, P.J., GREEN and BUSER, JJ.

GREEN, J.: William David Kimbrell (David) appeals the trial court’s decision regarding parenting time with his 16-year-old son Evan Kimbrell. The issue in this case is whether the trial court can condition a noncustodial parent’s right to parenting time with his or her minor child upon the desires of the child.

We determine that this cannot be done.

K.S.A. 2004 Supp. 60-1616(a) makes it clear that a parent has a right to reasonable parenting time with his or her minor child "unless the court finds, after a hearing, that the exercise of parenting time would seriously endanger the child’s physical, mental, moral or emotional health." Conditioning parenting time on the wishes of a minor child improperly gives the child the authority to determine a noncustodial parent’s rights to parenting time and visitation and can have the effect of completely denying the noncustodial parent’s rights to parenting time.

UPDATE: Dombrowski Case: Trial set January 8th, 2010 (The Murder of Motherhood) « A Human Rights Issue-Custodial Justice

12 December 2009

Children's Court lets dad live with daughter despite "numerous and consistent" sexual abuse disclosures

From Dastardly Dads

The daughter has disclosed abuse by her UNNAMED DAD. The Department of Human Services, the Royal Children's Hospital, and others have expressed concerns about the daughter's safety. Yet the Children's Court willy nilly permits the dad to live with the daughter anyway. What the h&*% is going on? If this girl survives her childhood, I hope she sues these bastards. Oh wait, she can't. These bastards have set up this protection racket set called "judicial immunity" so they never have to own up to anything. So they can pull all kinds of crazy sh*& with no consequences.

To Karen Hogan: Please, Honey. This isn't "difficult stuff." And you think there is "no right or wrong here"? It seems to me that this case is far from "gray" or morally complex. You either keep the child safe...or you don't. I'm not fooled at all by all the agonizing handwringing here, and neither are most people with an ounce of sense. Once again, your pals in the court failed to protect a child. They decided that Daddy's "right" to rape his own child had priority. Once again, children are treated like crap, and the "rights" of sexual predators to destroy the lives of anyone they choose is upheld. What else is new. It seems to me that moral priorities (or lack thereof) are crystal clear here. Business as usual.

http://www.theage.com.au/national/court-lets-father-live-with-girl-despite-abuse-fear-20091211-komq.html

Court lets father live with girl despite abuse fear
CAROL NADER
December 12, 2009
THE Children's Court permitted a man to live with his young daughter despite being aware of fears raised by child protection staff and others who had worked with the girl that he had sexually abused her.
In a complex case that has distressed many in the sector, the court went against the concerns of the Department of Human Services, the Royal Children's Hospital and others who did not believe the child, aged under 10, was safe with her father.

It is not known whether any harm has since come to the child, but it is understood that child protection is still working with the family. The Age understands the man also has a past sex offence conviction. Sources say the father denied the allegations of abuse and police investigated and no charges were laid. The Age is aware of more details that it cannot publish because they might identify the family.
Karen Hogan, manager of the Gatehouse Centre for the Assessment and Treatment of Child Abuse at the Royal Children's Hospital, said a number of her staff had worked with this family and the girl made ''numerous and consistent'' disclosures of sexual abuse.
''She was clear: 'This is what happened to me, this is what he does, I don't like it and want it to stop.' We believed what the girl said and we don't think children should be in an environment where they could be abused.''
She said it illustrated the complexity of these cases. ''We're just there to give evidence in court. We don't have an overview,'' she said. ''It's very emotional for the families and children, and all the professionals involved as well. This is difficult stuff … and so complex, and there's no right or wrong.''
The State Government has ordered a review of the way the Children's Court operates, following an explosive report on child protection services by the Ombudsman last month.
While most of the criticism was directed at the department, the report also criticised the court process for being too adversarial. Workers complained that their evidence was discredited, and the Ombudsman said sometimes the best interests of children were not being met.
Experts in the sector say this case highlights the problems with having an adversarial legal system. They say delicate cases like this would be better managed in a less combative way, with the best interests of the child the priority.
The issues are very sensitive and, in a court, it is difficult for a magistrate to use all the evidence they are presented with to make a decision about where a child should live. Some critics of the system believe magistrates are not sufficiently trained to identify signs of abuse.
Other options available to magistrates include granting orders with conditions attached, such as supervised access.
Another source involved with the family said: ''This is not about individual magistrates, it's about the system and about how the Children's Court needs to review its processes in order to ensure that the best interests of any given child are met.''
In the case, sources say the department appealed against an interim court order allowing the father regular access while the allegations were investigated because it was inappropriate for the girl to see her father after she made allegations of abuse. But the Supreme Court dismissed the appeal.
In a later decision that dismayed workers involved in the case, the Children's Court made a final order permitting the father to live with his family. It is understood that decision was not appealed because the first appeal had failed.
Sources say part of the problem is the role of lawyers, who play a big part in determining what evidence is permitted in court and who is permitted to give evidence.
Children's Court president Judge Paul Grant said in a statement released through the Department of Justice that it would be inappropriate for him to comment on decisions made by judicial officers of the court.
''The court makes judicial determinations according to law on the evidence presented by the parties … Any party who is aggrieved by a decision of the court is entitled to appeal to a superior court.''
He said in this case, the department did appeal against the interim order that was dismissed by the Supreme Court, and the final order had not been appealed against.
The Department of Human Services would not comment on the case, but said it carried out its legal obligations to administer any orders to ensure children's best interests were met.
State Government policy says children wherever possible should stay with their families. But balancing the rights of parents and children is difficult, bearing in mind the safety of children is always paramount.
Melbourne University professor in child and family welfare Cathy Humphreys said it was difficult to get that balance right.
''Everyone would want to support reunification wherever it is possible, and more resourcing and work needs to be put into that,'' she said. ''The thing is that highly adversarial processes don't support good work in this very sensitive area.''

Dastardly Dads: Children's Court lets dad live with daughter despite "numerous and consistent" sexual abuse disclosures (Australia)