What Divorce and Parenthood Should Look Like

I’m not talking about the bit where he won the lottery and is going to share it with his ex-wife.  I am talking about the bit where they have been separated all these years (but recently divorced) and they are still friends.  They are civil to each other and still enjoy hanging out together for their daughters well-being.

http://au.news.yahoo.com/queensland/a/-/world/6949836/man-divorces-wife-wins-lottery

 

Man divorces wife, wins lottery

A UK bus driver has won $3.8 million on the lottery but vowed to share his winnings with his ex-wife.

Kevin Halstead, 46, and his former wife Helen, 43, received their divorce papers four months before the lottery bonanza, the Daily Mail reports.

"This win will help my friends out and she is still my friend," Mr Halstead said.

The father-of-one is also aiming to help his current partner, Josephine Jones, obtain a passport so she can take her first ever trip overseas.

He's denied reports that he went out to celebrate divorcing his wife the night before he bought the winning lottery ticket.

"It is not true," he was quoted as saying.

"We split up 13 years ago but we did not bother divorcing until four months ago because of our daughter."

"She is a very good friend. I go round and have cups of tea with her and her new partner. We have had a giggle about that this morning."

Mr Halstead, from Lancashire, has driven a bus on the same route every day for the last 17 years but has vowed not to quit his job.

He told the Daily Mail: "I don't want to pack my job in. I asked my boss for time off, a month maybe two, but I don't want to cut myself off from my friends and I really enjoy my job."

The avid Liverpool supporter has also promised his daughter, Jessica, 14, a pony.

MS lawmakers decline to expand divorce laws

http://nems360.com/bookmark/5651024 

Mississippi lawmakers have no intention of making it easier for “I do’s” to become “I don’ts.”

It has been more than three decades since the Legislature enacted no-fault divorce. To use this method, both spouses must agree to divorce and agree to child custody, child support, and property division.

Since that time, lawmakers have passed laws addressing with child abuse, sexual abuse and spousal abuse. While a male-dominated Legislature agreed to the seriousness of those crimes, it would not — despite urging of others — agree those same transgressions could impact on a marriage.

Attempts to change the grounds for a divorce, to allow either party in a failing marriage to seek a no-fault divorce, or to require pre-divorce counseling have died in the Legislature.

Conversely, efforts to appeal the three-day waiting period to get a marriage license or put more restraints on getting a divorce have failed.

Lawmakers have also declined to go off into the area of an equitable division of property, on which chancery judges have been guided by a Mississippi Supreme Court decision dating back to 1994.

Opponents have said before making any change lawmakers should be sure they will improve the situation, not make it worse. If a judge does not handle property divisions fairly, they say, the Supreme Court will overturn the ruling.

The late Sen. Howard Dyer of Greenville, who championed the no-fault divorce law, campaigned for its passage saying feuding parents should avoid messy court fights.

“Airing their dirty laundry in public and exposing the children to a disgusting courtroom soap opera,” Dyer said in one debate.

State Rep. Mark DuVall, D-Mantachie, waded off into this quagmire this past week with legislation that proposed adding compulsive gambling as a 13th ground of divorce.

There are 12 grounds for divorce in the state, including adultery, habitual drunkenness and impotence.

“I drafted this bill to address the concerns of a few in my district that had to get a divorce on other grounds, but did not have grounds to get the lost savings or assets repaid them since they were divorced on other grounds,” DuVall told The Associated Press.

Or as House Judiciary B Committee Chairman Willie Bailey, D-Greenville, said: If a spouse repeatedly gambles away the paycheck and “doesn’t feed the children and doesn’t feed the dogs” the partner should be allowed to divorce on those grounds.

However, opponents said the state should not make divorce easier. In the debate, they argued marriage was steeped in Biblical teachings and Christianity. Some lawmakers also said compulsive gambling wasn’t defined anywhere in the DuVall’s bill.

Rep. John Mayo, D-Clarksdale, jokingly asked: “Is farming considered compulsive gambling?”

The bill failed with 40 votes for and 74 against.

Other bills have been filed in the 2010 session addressing divorce. Many deal with child custody issues and premarital agreements.

A couple of bills proposed adding irreconcilable differences as the 13th ground, allowing one spouse to seek dissolution of a marriage using a method not limited to no-fault divorces. That issue also has failed in recent legislative sessions.

Another bill proposes a 13th ground as when a couple has been separated without reconciliation for at least five years. There is a proviso that a chancellor can block the divorce if minor children are involved and a divorce is not in their best interests.

A Look at Judicial Corruption

Here we have a judge who received a gift of a time share, then ruled in the favor of the party who gave him the time share.  The gift was given to JUDGE JAMES ALLEN from a friend, who had received it from S. MICHAEL LOVE.

LOVE is the attorney representing Mr. Rogozienski's ex-wife in the divorce case.  The judge voided a prenuptial agreement that cost Rogozienski $20 million, among other things.

Apparently this judge is not going to be held accountable for his actions because judicial immunity protects him from a personal lawsuit. 

We all need to be aware that judges can be corrupt and will do take bribes all the time.  So, if you feel that you are constantly being given the short end of the stick in family court, then look into the lawyers and the judge.  Find out if someone is greasing the skids of justice for the other party.

For information on Fighting Judicial Corruption.

Lawyer's Gift To Judge Turns Tide In Divorce Case

http://www.10news.com/news/21717516/detail.html

SAN DIEGO -- In the middle of an ugly, high-stakes divorce, Frank Rogozienski lost his chance at a fair day in court, according to a verdict from a civil jury. Jurors ruled that a San Diego lawyer was negligent when he gave a presiding judge a stake in a timeshare.

In 2003, Rogozienski was in the middle of divorcing his wife, Shirley, and attorney James Allen became the temporary judge presiding over the case.

Rogozienski was bothered by a string of rulings, including a voided prenuptial agreement that cost him more than $20 million in stocks.

When Allen refused to disclose any conflicts of interest, Rogozienski started digging and discovered Allen had received a timeshare at Warner Springs Ranch -- in the middle of the divorce proceedings.

Rogozienski learned Allen received the timeshare from a friend, who had received it from S. Michael Love. Love is the attorney representing Rogozienski's ex-wife in the divorce case.

Allen disqualified himself, but it was too late, according to a civil jury. Last week, jurors said Love was "negligent" and awarded Rogozienski nearly $800,000 in attorney fees.

Legal experts said it is a clear victory for Rogozienski. "He was vindicated by this verdict. The jury said, 'You're right, sir, your case wasn't decided fairly,'" said defense attorney Gretchen von Helms.

Rogozienski, who is out of the country, told 10News, "I’m pleased the jury's message is: you can't undermine the faith in the legal system."

"You can't have the public saying, 'These judges are getting gifts and being bought off by their friends, this can't happen.' Not only does the justice system have to be fair, it has to appear fair to all parties," said von Helms.

Steve Amundson, Love's attorney, said, "Despite the amount of the verdict, Frank Rogozienski was not sympathetic to the jury, who only awarded $1 for emotional distress. The jury further determined by unanimous verdict that Mr. Love acted without malice." Amundson said they're still trying to decide if they will appeal.

A judge ruled judicial immunity protected Allen from the lawsuit, but the verdict could hurt both him and Love as both face possible sanctions in a State Bar investigation.

So far, criminal charges have not been filed in the case.

A re-trial to determine the division of assets is expected in the divorce case after Rogozienski's victory in court. Rogozienski didn't want to disclose the financial details of the first trial, other than to mention the $20 million in stocks his ex-wife was awarded in a ruling he didn't agree with for a voided prenuptial agreement.

Most Cases Going To Court As High Conflict Contested Custody Cases Have History Of Domestic Violence

 

Note: Cross posted from [wp angelfury] Battered Mothers Rights - A Human Rights Issue.
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Most Cases Going To Court As High Conflict Contested Custody Cases Have History Of Domestic Violence  

By JOAN S. MEIER, George Washington University Law School

Janet Johnston’s publications

Janet Johnston is best known as a researcher of high conflict divorce and parental alienation. Not a particular friend of domestic violence advocates or perspectives, she has been one of the first to note that domestic violence issues should be seen as the norm, not the exception, in custody litigation.

Johnston has noted that approximately 80% of divorce cases are settled, either up front, or as the case moves through the process. Studies have found that only approximately 20% of divorcing or separating families take the case to court. Only approximately 4-5% ultimately go to trial, with most cases settling at some point earlier in the process.

- Janet R. Johnston et al, “Allegations and Substantiations of Abuse in Custody-Disputing Families,” Family Court Review, Vol. 43, No. 2, April 2005, 284-294, p. 284;
- Janet R. Johnston, “High-Conflict Divorce,” The Future of Children, Vol. 4, No. 1, Spring 1994, 165-182, p. 167
both citing large study by Maccoby and Mnookin, DIVIDING THE CHILD: SOCIAL AND LEGAL DILEMMAS OF CUSTODY. Cambridge, MA: Harvard U. Press (1992).

Johnston cites another study done in California by Depner and colleagues, which found that, among custody litigants referred to mediation, “[p]hysical aggression had occurred between 75% and 70% of the parents . . . even though the couples had been separated... [for an average of 30-42 months]”. Furthermore, [i]n 35% of the first sample and 48% of the second, [the violence] was denoted as severe and involved battering and threatening to use or using a weapon.”

Johnston (1994), supra, citing Depner et al., “Building a uniform statistical reporting system: A snapshot of California Family Court Services,“ Family and Conciliation Courts Review (1992) 30: 185-206

After surveying the research, Johnston concludes:

“Taken all together these studies suggest that, in divorces marked by ongoing disputes over the custody and care of children, both inside and outside the court, there is often a history of domestic violence in the family and a likelihood that the violence will continue after the separation.”
-Id. (1994) at p. 169.

It has previously been observed, based on research which predates the domestic violence/parental alienation battles that are now a feature of the field, that “multiple allegations of abuse are a feature of those higher conflict families” whose cases become contested custody litigation.

- Johnston (2005), supra (citing Maccoby and Mnookin (1992))

Peter Jaffe’s compilation of studies

Peter Jaffe is one of the world's leading experts on children, domestic violence, and custody. His latest publication on this subject states the following:

Myth: Domestic violence is rarely a problem for divorcing couples involved in a child custody dispute.”
Fact: The majority of parents in “high-conflict divorces” involving child custody disputes report a history of domestic violence.”
Peter Jaffe, Michelle Zerwer, and Samantha Poisson, "ACCESS DENIED: The Barriers of Violence and Poverty for Abused Women and their Children After Separation" (2004), p. 1

Jaffe et al also list the following studies (with the following descriptions) as supporting the position that most custody litigants have had a history of domestic violence:

· In a review of parents referred for child custody evaluations by the court, domestic violence was raised in 75% of the cases.

· Jaffe, P.G. & Austin, G. (1995). The Impact of Witnessing Violence on Children in Custody and Visitation Disputes. Paper presented at the Fourth International Family Violence Research Conference, Durham NH (Rep. No. July 1995)

· Of 2,500 families entering mediation in CA, approximately three quarters of parents indicated that domestic violence had occurred during the relationship.

· Hirst, 2002

· Between 70-75% of parents referred by the family court for counseling because of failed mediation or continuing disputes over the care of their children, physical aggression had taken place.
- Johnston & Campbell, (1988), Impasses of Divorce: The dynamics and resolution of family conflict. New York, NY, US: The Free Press.

· Attempts to leave a violent partner with children, is one of the most significant factors associated with severe domestic violence and death.
- Websdale, N. (1999). Understanding Domestic Homicide. Boston, MA: University Press.

· A majority of separating parents are able to develop a post-separation parenting plan for their children with minimal intervention of the family court system. However, in 20% of the cases greater intervention was required by lawyers, court-related personnel (such as mediators and evaluators) and judges. In the majority of these cases, which are commonly referred to as "high-conflict," domestic violence is a significant issue.
- Johnston, J.R. (1994). “High-conflict divorce.” Future of Children, 4, 165-182.
- all cited in Jaffe et al, ACCESS DENIED, supra, at p. 1.

National Center for State Courts

Finally, studies conducted by the National Center for State Courts (NCSC), looking solely at court records, have found documented evidence of domestic violence in 20-55% of contested custody cases.

· The NCSC’s study, looking only at documented domestic violence in custody court records, found that 24% of court records contained some evidence of domestic violence in Louisville; 27% in Baltimore; and 55% of Las Vegas cases indicated domestic violence.
- Susan Keilitz et al, Ðomestic Violence and Child Custody Disputes: A Resource Handbook for Judges and Court Managers, prepared for the National Center for State Courts; State Justice Institute,” NCSC Publication Number R-202, p. 5

· The same study found that a screening process (utilized by the mediation program) “revealed a much higher incidence of domestic violence than a review of court records alone would have indicated.”
- Id. at 7.

Custody Courts Regularly Fail to Note or Lack Information about history of Domestic Violence

Peter Jaffe and Robert Geffner have stated that “’nonidentification of domestic violence in divorce cases’ is a prevalent and problematic issue.”

- Kernic et al, “Children in the Crossfire: Child Custody Determinations Among Couples With a History of Intimate Partner Violence,” VIOLENCE AGAINST WOMEN, Vol. 11, No. 8, August 2005, 991-1021, 1013, citing Jaffe & Geffner, ”Child custody disputes and domestic violence: Critical issues for mental health, social service, and legal professionals,” in Holden et al (Eds.), CHILDREN EXPOSED TO MARITAL VIOLENCE: THEORY, RESEARCH, AND APPLIED ISSUES, pp. 371-396, Washington, DC: American Psychological Association

· Kernic et al, from the Harborview Injury Prevention & Research Center in Seattle, go on to state that “[o]ur study provides strong support for this assertion.” This study looked at divorce cases, including both those with a documented, substantiated, and/or alleged history of domestic violence, and those without. The study found that in 47.6% of cases with a documented, substantiated history, no mention of the abuse was found in the divorce case files.
- Id. at 1005.

· The same study found that “the court was made aware of less than one fourth of those cases with a substantiated history of intimate partner violence.”
- Id. at 1016.

· In the same study, fathers with a history of committing abuse were denied child visitation in only 17% of cases. Mothers in these cases were no more likely to obtain custody than mothers in non-abuse cases. This study found that mothers were “more likely” than fathers to be awarded sole custody, but does not identify what proportion of cases resulted in equal sharing of physical custody (which is available in Washington even when one parent is designated “primary”).
- Id. at 1014-1015.

· The Virginia Commission on Domestic Violence Prevention commissioned a study of these issues at University of Virginia in 1997-98. The study found that in custody cases where there was also a domestic abuse case in court, only 25% of the custody files referenced the existence of the domestic abuse case.
www.courts.state.va.us/fvp/history.html

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Note: Cross posted from [wp angelfury] Battered Mothers Rights - A Human Rights Issue.
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Why Are They Dead?

The Family Courts around the world are sentencing our children to death, by enforcing visitations and custody with abusive parents.  This site not only provides research about this ever growing problem but is also a tribute to those that have bee killed at the hands of their abuser because of court orders.

Below is an excerpt from Family Court Murders 

The Untied Nations definition of Genocide set out in the Convention on Genocide is:

Article 2

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

In the news, it is common to see these murders blamed on the economy or the stress associated with divorce.

Unless you are a keen researcher, you are not privy to knowing what academics and even the UN knew for years

A silent but deadly genocide against women and children where authorities have had many opportunities to eliminate the root cause, but chose not to.

In every case these deaths are a result of child custody disputes where the court knows of a violent history, but decides to gamble with their lives for the sake of "fathers rights".

Abuse: Maternal Deprivation

 

Maternal Deprivation Abuse

Victims of domestic violence suffer physical and emotional trauma at the hands of their abusers. Some don’t escape these relationships alive. But even for those who are fortunate enough to get out with their lives, their ordeal isn’t necessarily over. In many cases their tormentors still pose a threat to them and their children. And as they try to protect themselves and their loved ones they are often victimized again; this time by the very legal system they thought would provide them with justice and a safety net.

There are way too many horror stories out there about how these vulnerable women are subjected to even more abuse as they go through the system. And one of the most troublesome scenarios is when the courts issue a ruling that removes their children from them, sometimes awarding custody to the abuser.

On the Juror Thirteen show on August 26 we’ll talk about this problem with three women who can speak from personal experience. Advocate and author Susan Murphy-Milano, and Janice Levinson and Claudine Dombrowski of the Protective Mothers Alliance will discuss what mothers can do to bring about change in the treatment of protective mothers and their children in family court proceedings. All three have lost children to maternal deprivation abuse.

You can hear the show beginning at 9 pm Eastern at http://www.blogtalkradio.com/dennisngriffin. Your questions or comments can be called in by phone or made through the show’s chat room.

Honey....I’m hommme!

This idiot...crashes his car into his ex-wife’s house.  Now, I do feel really bad that she was actually injured and I do hope that she recovers fully, and quickly!  But, what an ass!  How in the world can someone explain being so mad, angry, hurt, etc....that they would wreck their own freakin’ car and risk injuring them self in the process....not to mention the cost of the house...well I do hope for her sake she was well insured, at least.  I am glad that she got away from him to begin with and that he was unsuccessful in claiming her life with this stupidity, but this just goes to prove that abusers will stop at nothing!!

Aggravated assault my ass....sounds more like attempted murder to me, why else ram your car into her house unless you planned to kill her, or you are stupid; and in this case maybe BOTH!  I have always found it funny that they call it ‘aggravated’ assault...of course people are aggravated by assault!  Lets look at what Wikipedia says about it:

Aggravated assault is usually differentiated from simple assault by the offender's intent (i.e., to murder, to rape etc.), the extent of the injury to the victim, or the use of a deadly weapon, although legal definitions vary between jurisdictions. For example, North Carolina has the offense of assault with a deadly weapon with intent to kill inflicting serious bodily injury.^[7] The aggravating elements are clearly spelled out in the name of the crime.

I like that...the ‘aggravating’ elements are clearly spelled out...I still say that all assault is aggravating, but hey if putting that word in front of it will make people like this idiot get longer sentences for doing shit like this to other people...then they can use whatever word they want to!

Man crashes car into ex-wife's home in Brazoria

By MOISES MENDOZA Copyright 2009 HOUSTON CHRONICLE

May 15, 2009, 3:57PM

A man was arrested in Brazoria County after authorities said he crashed his car into his ex-wife’s home, pinning her with the vehicle.

Donald Wayne Busby was charged with aggravated assault after the crash, which happened Thursday evening.

Tamara Roads, who lives at the 200 block of Country Road just west of Angleton, was taken to a Houston hospital where she was being treated for serious injuries, authorities said.  Man crashes car into ex-wife's home in Brazoria | Houston & Texas News | Chron.com - Houston Chronicle

Now you too can fix your divorce

This is only one case in one area.  However, all across the world similar scenarios are playing out daily in courts.  Regardless of who is getting paid off; be it the lawyers, the judge, the GAL, the mental health experts, social workers, court reporters, etc....the ones that loose in a situation of this nature are the children. 

Original:  http://www.nytimes.com/2003/04/25/nyregion/how-to-fix-a-divorce-prosecutors-spell-it-out.html?n=Top/Reference/Times%20Topics/Subjects/E/Ethics

How to Fix A Divorce: Prosecutors Spell It Out

By DIANE CARDWELL

Published: Friday, April 25, 2003

It would often begin with Nissim Elmann, an electronics dealer, known among some Orthodox Jews in Brooklyn as the man who could help win a messy divorce or custody battle. For a fee, Mr. Elmann could guarantee a good outcome, according to a theory laid out yesterday in Brooklyn Criminal Court, by bribing the right people.

Mr. Elmann would bring a client wanting a guarantee, say, that he would win custody of his children to Paul Siminovsky, a divorce lawyer who had bragged that he had an advantage whenever he appeared in Justice Gerald P. Garson's courtroom, officials said. Under the court system's random assignment method, some of Mr. Siminovsky's cases did land before Justice Garson, but his advantage was really a payback for the meals and drinks he routinely bought for the judge, according to criminal complaints accusing the judge, Mr. Siminovsky and two court employees of a conspiracy to fix divorce and child custody cases.

For his part, Justice Garson, a State Supreme Court judge in Brooklyn, directed clients toward Mr. Siminovsky and gave him advice on how to win cases in his courtroom, even coaching him on questions to ask witnesses, the complaints say. In exchange for the favorable treatment, according to the complaints, Mr. Siminovsky gave Justice Garson a box of cigars, $1,000 in cash and other gifts. At that point, Justice Garson asked that Mr. Siminovsky simply write a check to his wife, Robin Garson, also a State Supreme Court judge, to use to pay off a debt, officials say.

For the whole scheme to work, a law enforcement official said, the group needed to subvert the random assignment method the court employs to guard against corruption. To make sure the cases ended up in front of Justice Garson, the complaints charge, the conspirators brought in court officials, including Paul Sarnell, his senior clerk, and two employees of the main court clerk's office. In return for Mr. Sarnell's role in getting two cases assigned to Justice Garson, the complaints charge, Mr. Siminovsky gave him telephones from Mr. Elmann's warehouse.

After Mr. Sarnell retired in late 2002, Louis Salerno, a court officer, approached Mr. Siminovsky about becoming the new fixer, court documents say. In one instance, Mr. Salerno received electronic equipment from the trunk of Mr. Siminovsky's car for assigning a case to Judge Garson, the complaints say.

The clients hoping to win an advantage in their divorce or child custody fights also poured money into the scheme, officials said. For example, Avraham Levi, who was charged yesterday with conspiring to rig the outcome of his divorce, agreed to pay Mr. Elmann more than $10,000 to bribe Justice Garson, one complaint says. That case was steered to Justice Garson, and Mr. Elmann warned Mr. Levi that he could not settle the case but must let it come to trial, the complaint charges. Mr. Levi paid the money in December 2002, according to the complaint, and his divorce and custody case, still pending, began before Justice Garson in late January.

In another case, Esther Weitzner is said to have given Mr. Elmann money to bribe the judge and a court-appointed psychologist who was to be a witness in her child custody proceeding. A warrant was pending for her arrest late yesterday, a law enforcement official said.

Photos: Also arraigned in Brooklyn yesterday were, clockwise from left: Nissim Elmann, an electronics dealer; Paul Siminovsky, a divorce lawyer; Louis Salerno, a court officer; Paul Sarnell, Justice's Garson's former law clerk; and Avraham Levi, who had been Mr. Siminovsky's client in a divorce case.; Justice Gerald P. Garson after being arraigned on corruption charges in Brooklyn Criminal Court yesterday. (John-Marshall Mantel for The New York Times)

A version of this article appeared in print on Friday, April 25, 2003, on section B page 8 of the New York edition.