Legal Domestic Abuse - Psychiatric Ploys of Child Custody

No Way Out But One

This is an inmportant documentary in the works about Holly Collins, an abused mother who rescued her children from their abuser. She was the first refugee in the Netherlands to be allowed to seek refuge because of being a domestic violence victim. No family court or no family court judge in Minnesota would protect her children, even though courts acknowledged severe abuse had happened. Their response was to give the abuser sole custody and the abused mother supervised visitation.

Please consider helping the producers finish this important work by pledging to Kickstart for the film. The time is short to make a pledge so hurry! Thank you.

Just Another Day in Indianapolis: Man Beats Wife While Children Call 911 From Closet

Surprisingly, this was reported in the news. It isn't often these cases get noticed. Wanna bet daddy will get custody of the children, and mommy will get supervised visitation, if any at all? This is Standard Operating Procedure in most Indiana courts now, to give the abuser custody of the children and to limit's mother's contact so she cannot discuss the horrible abuse that the children witnessed. Instead, Indiana children can experience their own horrors of life with the abuser.




Man beats wife, kids call 911 in closet

Updated: Tuesday, 02 Nov 2010, 12:25 PM EDT
Published : Monday, 01 Nov 2010, 6:45 PM EDT

* By: AJ Colley

NEW WHITELAND, Ind. (WISH) - A man was arrested in New Whiteland Sunday night after badly beating his wife in front of the couple’s children, police say.

The two children hid in a closet in a back bedroom while calling 911. The incident happened at about 11 p.m. Sunday.

According to police, Timothy Brown was holding the front door closed on officers. Three officers responded and two used a stun gun on Brown.

When police got inside, Brown’s wife was unconscious on the couch. She was taken to Methodist Hospital in Indianapolis. Brown was taken to Johnson Memorial Hospital after making suicidal comments, but was later transferred to jail.

Police say Brown has had domestic issues in the past. New Whiteland Police Sgt. Dave Glaze said it’s the worst case of domestic violence he’s seen in his 23 years on the department.

Police escorted the two children out of the house with a blanket over their heads so they couldn’t see their injured mom or their dad in handcuffs.

Custody Evaluator Bingo!

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Phrases for "Custody Evaluator Bingo" randomly chosen from a list of 136 possible selections, last updated: Sep 19, 2010.

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Parental Alienation Syndrome: The Facts

There's Nothing Friendly About Abuse

From the current issue of Ms. Magazine:

Children are at risk when custody cases rely on a meritless theory of parental "alienation"

by R. Dianne Bartlow


It's a statistic so unbelievable that it's difficult to wrap your head around: A research review by lawyer and domestic violence expert Joan Zorza found that in about half of the 100,000 contested child custody cases each year in the United States, custody goes to the father - even though at least one-third of these fathers reportedly committed domestic violence against the mother or the child. In fact, women are actually more likely to win custody if they do not allege abuse.

The force behind these rulings are the innocuous-sounding "friendly parent" statutes on the books in at least 32 states, which mandate that courts, in deciding custody, consider how willing each parent is to facilitate a "close and continuing" relationship between the child and the other parent. This is one factor in determining what custody arrangements are "in the best interests of the child."

"Friendly parent" statutes are a dressed-down form of a theory called Parental Alienation Syndrome. PAS theorizes that most accusations of child abuse (especially sexual abuse) made during a custody battle are actually fraudulent. Not only are the charges false, says the theory, but they are deliberately undertaken by one parent (in most cases, the mother) to "alienate" the child from the other parent (generally, the father).

Never mind that the American Psychological Association has said PAS has no valid merit, nor that PAS inventor Richard Gardner has also said that society "overreacts" to sexual abuse and that pedophilia is an honorable lifestyle choice. PAS lives on in "friendly parent" statutes and in the testimony of many court-appointed evaluators and mental-health professionals. Those who diagnose PAS often recommend that full custody go to the "alienated parent" (usually the biological father) and that unsupervised visitation with the "alienating parent" (usually the mother) be cut off.

Ultimately, these outmoded ideas maintain their grip because of a long-standing tradition of discrediting women's concerns and believability in comparison to men's, wrote Zorza in Domestic Violence, Abuse and Child Custody (Civic Research Institute, 2010). Their effect is to lend powerful leverage to abusers.

"Severely abusive fathers may deliberately escalate their abuse to force the woman to complain, flee, or bargain away valuable marital assets, alimony or child support. They then retaliate by filing for custody, knowing they will likely be able to deprive the mothers of the children," writes Zorza. "Other abusive fathers use the "friendly parent" concept to force the mother to pay them child support and to deprive her of any visitation."

The consequences can be dire. According to the Center for Judicial Excellence, a court advocacy organization, an estimated 75 children nationwide were murdered between June 2009 and April 2010 by abusive fathers who won custody battles.

Currently, about half of the states in the U.S. have laws requiring courts to consider domestic violence on an equal basis with factors such as "friendly parent" statutes when making custody determinations. But family courts have wide discretion in how heavily to weigh domestic violence. The National Council of Juvenile and Family Court Judges and the American Bar Association recommend that abuse be given more consideration than other factors in custody cases - and that courts withhold sole or joint custody from anyone with a history of domestic violence.

It's high time for parents and the public to know what's going on in these situations, says Barry Goldstein, co-editor of Domestic Violence, Abuse, and Child Custody: "I believe that if the public was aware of the frequency in which courts make fundamental mistakes and send children to live with abusers, the practice would quickly end because it would not be tolerated."

R.Dianne Bartlow, PH.D., is associate professor of gender and women's studies at California State University, Northridge.

Lethal Trinity of Hoodlums: Fatherhood, Motherhood, White-hooded White Men in the American Midwest

I got my "Happy Father's Day" email this morning from Senator Evan Bayh. He forgot about, or decided to ignore, Mother's Day again. From Let's Get Honest:

Lethal Trinity of Hoodlums: Fatherhood, Motherhood, White-hooded White Men in the American MidWest

Custodial Dads & Stepmoms, Divorcing Dads, and Absent Moms… Not good for kids.

I’ve been thinking about this one for a while. I’m going to pick on Indiana, as it has a prominent Fatherhood promoter in legislator Evan Bayh, and recent trouble with another Dad that won custody, 5 year old girl died, and he and STEPMOM tried to blame it (unsuccessfully) on the REAL (biological) mother, who is now down a child, just months after losing custody of (her).

In this one, the mandated reporters who had a chance to, DIDN’T, and the first who did report, just went along with blaming the real Mom.

New details emerge in death of 5-year-old girl at hands of custodial dad, step mom

(Muncie, Indiana)

The general public still thinks that mothers don’t lose custody unless they’re nuts or sluts. But this article tells you the truth: the protective mother lost custody because she COULD NOT AFFORD AN ATTORNEY. She was outgunned by a lawyered-up Daddy who could buy what he wanted. Which was basically a 5-year-old girl he could rape, torture, and systematically starve. Everybody happy now? In addition to CPS getting dragged through the wringer (again), are we going to see the names of the custody evaluators, judges, and other court officials who rubberstamped this custody arrangement? Don’t hold your breath. Even if a few CPS or medical workers get reprimanded or lose their jobs, the court people will stay golden. One of the few exceptions is Judge Robert Lemkau who got voted out of office after he gave a crazy violent father visitation of an infant, an infant who was murdered less than two weeks later. The public has got to start holding the courts responsible for these gross miscarriages of justice.

http://www.fox59.com/news/wxin-muncie-death-investigation-update-061610,0,871744.story

New details emerge in death of Muncie 5-year-old
During a six-month period last fall and winter, more than a half dozen health care workers treated or observed serious problems with five year-old Lauren McConniel. It wasn’t until about a week before she died on March 9th from severe malnutrition, that her injuries were reported to . . .

Another century, and …..

Here’s MOTHERHOOD WORSHIP with the HOODED WHITE GUYS, same state (and supported by religious women, also….)

Lies Across America: What Our Historic Sites Get Wrong – Google Books Result

James W. Loewen – 2007 – History – 464 pages
The Indiana Klan stressed law enforcement, motherhood, virtue, patriotism, … In that year’s Democratic National Convention, the Ku Klux

(This is accessible to view by Googlebooks and shows that a large resurgence of this clan, pre-civil rights of the 1960s, happened in INDIANA. It’s worth a read. They had got the press, the governor, and were aiming for U.S. President, as I recall, and they emphasized MOTHERHOOD. How ironic, the pendulum has swung the otherway; same state (and possibly same practices), now it’s “Fatherhood.” In Indiana and, thanks to the internet and increasing centralization in the U.S., and a less and less diverse U.S. Congress (it’s EXPENSIVE to get elected), nationwide.

I’m going to digress here, because the link to the “less and less diverse” article pictures Roland Burris, well-known in FATHERHOOD circles:

Senate likely to be less diverse after elections

By Deanna Bellandi, Associated Press Writer Fri Feb 5

CHICAGO – That historically all-white club known as the U.S. Senate is likely to lose what little diversity it has after November’s elections.

Two white men will be competing for President Barack Obama’s former seat in Illinois, now held by Roland Burris, the chamber’s lone African-American. Appointed by the scandal-tainted former governor, Burris won’t be seeking a full term.

In contests in Florida, Texas and North Carolina, black candidates face daunting challenges to joining the august body, from difficulty raising cash to lack of name recognition to formidable rivals.

Blacks comprise 12.2 percent of the nation’s population, but you wouldn’t know it in the 100-member Senate. Come next year, the total number could add up to zero.

“It certainly is not a desirable state of affairs,” said David Bositis, a senior political analyst with the Joint Center for Political and Economic Studies.

Bositis noted that blacks don’t make up the majority population in any state and in states where there are large numbers of blacks, as in the South, there are racial divisions that make getting elected difficult.

Florida is more likely to produce the next Hispanic senator than it is the next black senator…

Notice that this article is only talking about the ‘diversity’ of skin color, not the ‘diversity’ of political thought.

In truth, if the Republicans take away more seats from the Democrat super-majority, the Congress will be certainly be more diverse.

But of course in the minds of the Associated Press, the color of one’s skin is far more important than the content of their character.

{{Guess that was not a pro-Burriss based on his politics site. However, he’s no less “fatherhood” than white guys….}}

Here’s to “Roland Burris fatherhood” google search:

U.S. Senator Roland Burris to Appear on a Special Father’s Day …

US Senator Roland Burris to Appear on a Special Father’s Day Edition of Chicago Attorney Jeffery Leving’s ‘Fathers’ Rights Legal Show’ on June 20th.
www.prnewswire.com/…/us-senator-roland-burris-to-appear-on-a-special-fathers-day-edition-of-chicago-attorney-jeffery-levings-fathers-right… – Cached

Attorney Jeffery Leving to Interview U.S. Senator Roland Burris on …

United States Senator Roland Burris (D-IL) will join Mr. Leving on his “Fathers’ Rights … Obama’s proposed $500 million budget for Responsible

Fathers Rights: Jeffery M Leving-Leading Family Law & Divorce …

U.S. Senator Roland Burris to Appear on(etc., etc.)

NOW, this is back about a CENTURY (almost) and talking about another kind of HOODlum (Pictured below, and self-described on the infamous site, below). Look at how it was sold — temperance, and motherhood.

20thcentury

This exact figure was found in the book, “Inside Ku Klux Klan” by Paul Gillette ….. Women of the Klan in many Indiana counties met with township trustees to … While girls were learning the virtues and tasks of motherhood and moral …. This meant stressing the virtues of Christian fundamentalism and temperance. …
www.kkklan.com/various.htm

“God,” I hate to quote this, or even VISIT this site – but notice — described (in this “KKK” site) as historically just nice, law-abiding, religious folk contributing to charitable, children’s oriented, and church/school folks. And that’s men & women BOTH…..

The following was taken from, “Hoods: The Story of the Ku Klux Klan”, by Robert Ingalls.

In Portland, Or., in the early 1920′s, the Ku Klux Klan pledged $50,000 to a children’s home and held a Christmas party featuring Kris Kringle. The Klan also organized a Klan Kommunity Kit to compete with the Community Chest, church visits became a kind of ritual. Typically, a small group of Klansmen would march down the aisle, hand the minister an offering of money, and silently depart. (page 39)

Protestant ministers quickly found that the Klan’s emphasis on religion helped swell church attendance. (page 41)

Similarly, the emphasis on DOMINATING women and keeping them in their “proper” roles is helping swell church tithes to this day, 2010….

Most Klansmen were law abiding, church going family men. Klansmen also hoped to eliminate vice and corruption through the ballot box. One Klansman declared, “Everybody knows that politicians nowadays cater to all kinds of elements, mostly selfish, some corrupt, and some definitely anti-American. They cater to the vice vote and even to the violently criminal vote. What the Klan intends to do is make them pay some attention to the decent God fearing, law abiding vote.” (pages 42-43)

Mr. Smith goes to Washington.

During the 1920′s, the Klan was subjected not only to verbal abuse but also to physical assault in some areas. Bootleggers, for example, did not take kindly to the Klan’s attempts to enforce prohibition. When New Jersey’s Klan declared war on local bootleggers, the rum runners formed a defense council and publicly threatened to “Shoot to kill” anyone other then a policeman who interfered with their illegal traffic in liquor. (page 68)

The following was taken from, “Hooded Americanism, the History of the Ku Klux Klan”, by David M. Chalmers.

In Minneapolis, the Klan presented bibles to Methodist Churches and stressed “positive Protestantism”. (page 151)

In Indiana the Klan gathered contributions to build a new hospital. (page 165

NOW FATHERHOOD:

=========

We (see blogroll to right) have blogged on this before. See Wikipedia for Son (Evan) and Father (Birch):

Evan Bayh – Wikipedia, the free encyclopedia

Birch Evans “Evan” Bayh III (pronounced /ˈbaɪ/, bye; born December 26, 1955) is an American Democratic politician who has served as the junior U.S. Senator …
en.wikipedia.org/wiki/Evan_Bayh – 17 hours ago – Cached – Similar

Birch Bayh – Wikipedia, the free encyclopedia

Children, Evan Bayh (born 1955), Christopher Bayh (born 1982) … He is the father of former Indiana governor and current U.S. Senator Evan Bayh. …
en.wikipedia.org/wiki/Birch_Bayh – Cached – Similar

And see “MamaLiberty”‘s Sept. 2009 weblog for commentary on this:

http://justice4mothers.wordpress.com/2009/08/30/fatherhood-initiative-bill-senator-evan-bayh-d-in-is-not-his-fathers-son/

This is from the Indiana Mothers For Custodial Justice, covering the recently introduced Fatherhood Initiative Bill:

Evan Bayh is Not His Father’s Son

I heard this comment in a meeting yesterday, and how true it is. ” Evan Bayh is not his father’s son.”

In Birch Bayh’s eyes, women should be given the same chances that men have. Women deserved equality and this was evident in his legislation.

‘Father’ Of Title IX Honored

By Richard Veilleux

Former U.S. Sen. Birch Bayh of Indiana, considered the “father” of Title IX, the landmark federal legislation created more than 30 years ago that greatly expanded educational and athletics opportunities for girls and women, was honored during half-time of the women’s basketball game between UConn and Rutgers on Martin Luther King Day.

. . .

Sen. Bayh also played a leadership role in many other areas and in framing two Constitutional amendments: the 26th Amendment, which lowered the legal voting age to 18, and the Equal Rights Amendment, a proposed Constitutional amendment guaranteeing equal rights to women, which has been ratified by 35 states, including Connecticut.

AND, now, the son….

na in the U.S. Senate from 1963 to 1981.But for Evan Bayh, the apple has fallen far from the tree…he supports fatherhood (not parenthood)…this being sent out in preparation of the reintroduction of a Fatherhood Initiative Bill into the U.S. Senate:

Senator Bayh sent out this wonderful message for fathers on Father’s Day to the Hoosiers he represents. He missed sending out a message for mothers…tells you a lot, doesn’t it. He is up for re-election next year….Hoosiers mothers, are you paying attention?

Watch out for these bill just introduced: S. 1309, introduced by Sen. Evan Bayh, (D-IN) and two co-sponsors.H.R. 2979, introduced by Rep. Danny K. Davis (IL-7) and 27 co-sponsors.President Obama told Senator Bayh last year he would sign the bill when he gets it.

The 2006 attempt at this bill (with U.S. Senator Barack Obama as one of the two co-sponsors) died:

The list below shows legislation in this and previous sessions of Congress that had the same title as this bill. Often bills are incorporated into other omnibus bills, and you may be able to track the status of provisions of this bill by looking for an omnibus bill below. Note that bills may have multiple titles.

109^th Congress: S. 3607: Responsible Fatherhood and Healthy Families Act Dead

This one needs to die too.

Is it fair for our government tax dollars to go help take children from mothers, to help fund a custody battle in court (among other ‘fatherly’ support things), help that is only available to fathers? These funds pay for dads to do this. All dads are not good (see Dastardly Dads).

Abusive custodial fathers are constantly in the news, such as today [SEPT. 2009] : New Mexico Custodial Father Murdered Allegedly By 10 Year Old Son Who Couldn’t Take Anymore Abuse and Jon Pomeroy, Father of Seattle-area Girl, Pleads Guilty to Starving Her. Why should we help abusers take children from their moms? The American Judge’s Association knows this is a problem, why do you want to fund abusers to take custody of the children?

Yes, Evan, your dad took time to be with you. He didn’t seek to take your mother out of your life though, did he? Yes, this apple has fallen very far from the tree.

Indiana Civil Court Judges: Are You That Stupid or That Corrupt?

Most children I know care for their mothers very, very much. A lot of them would try and protect their mother, just as this son did recently in Indianapolis. Do you think this boy will have loving feelings toward the boyfriend? Should he? What if mom got him in to counseling to not be afraid of the boyfriend anymore, even though he watched him almost kill his mom?



She would bend over backwards to have him not afraid of the boyfriend, and still an Indiana judge would gladly hand over that child to the abuser if they were in a custody battle. It happens all the time here. WHY?

The Indiana Supreme Court Disciplinary Committee and the Indiana Commission on Judicial Qualifications are tired of the corruption/incompetence in family court. Don't you guys know anything about the fact that when a child is afraid of an abuser, it is probably for a good reason? Do you guy subscribe to any ethical rules and practices. Maybe you need to read this from the National Association of Juvenile and Family Court Judges:

2009: A Judicial Guide to Child Safety in Custody Cases
National Council of Juvenile and Family Court Judges Family Violence Department

Page 12:
C. [§3.3] A Word of Caution about Parental Alienation34

Under relevant evidentiary standards, the court should not accept testimony regarding parental alienation syndrome, or “PAS.” The theory positing the existence of PAS has been discredited by the scientific community.35 In Kumho Tire v. Carmichael, 526 U.S. 137 (1999), the Supreme Court ruled that even expert testimony based in the “soft sciences” must meet the standard set in the Daubert case.36 Daubert, in which the court re-examined the standard it had earlier articulated in the Frye37 case, requires application of a multi-factor test, including peer review, publication, testability, rate of error, and general acceptance. PAS does not pass this test. Any testimony that a party to a custody case suffers from the syndrome or “parental alienation” should therefore be ruled inadmissible and stricken from the evaluation report under both the standard established in Daubert and the earlier Frye standard.38

The discredited “diagnosis” of PAS (or an allegation of “parental alienation”), quite apart from its scientific invalidity, inappropriately asks the court to assume that the child’s behaviors and attitudes toward the parent who claims to be “alienated” have no grounding in reality. It also diverts attention away from the behaviors of the abusive parent, who may have directly influenced the child’s responses by acting in violent, disrespectful, intimidating, humiliating, or discrediting ways toward the child or the other parent. The task for the court is to distinguish between situations in which the child is critical of one parent because they have been inappropriately manipulated by the other (taking care not to rely solely on subtle indications) , and situations in which the child has his or her own legitimate grounds for criticism or fear of a parent, which will likely be the case when that parent has perpetrated domestic violence. Those grounds do not become less legitimate because the abused parent shares them, and seeks to advocate for the child by voicing his or her concerns.

Perverted Justice

Well, well. Imagine that, a lawyer breaking the law. A lawyer that specializes in divorce and child custody...his child-porno-free blog is still running. From the Indianapolis Star:

An Anderson attorney remained in federal custody Wednesday after authorities say he distributed child pornography.

Samuel C. Hasler, 50, was arrested Tuesday at his law office, 1109 Meridian Plaza, Anderson, on two counts of distributing and one count of possessing child pornography, according to a statement from U.S. Attorney Timothy Morrison's office.

Hasler appeared late Tuesday afternoon for an initial hearing before U.S. Magistrate Judge Kennard P. Foster and remained in a holding facility in Indianapolis, the statement said.
Distributing child pornography carries a maximum sentence of 20 years in prison; the possession charge carries a maximum 10-year prison sentence.

Authorities say Hasler distributed explicit images of children through the Internet to someone in another state on Dec. 3 and sent more images to an undercover police officer on Feb. 14. Authorities say they found child pornography on his computer when they searched his office on Tuesday.

Hasler was granted a law license in 1987 and has never been disciplined, according to the Indiana Supreme Court.


UPDATE (6/11/10): Sam submitted his resignation to the Indiana Bar, effectively making punishment by the Indiana Supreme Court "moot." Read the published order here. Word is he's still sitting in jail awaiting hearing...

Family Courts Implicated in Infant's Murders

FOR IMMEDIATE RELEASE February 10, 2010

Contacts: Rita Smith, NCADV 303-839-1852 ext. 105

Kathleen Russell, CJE 415-250-1180

Family Courts Implicated in Infants’ Murders

Two Young Boys Killed by Two Divorcing Dads in Past 10 Days

Points to Massive System Failure

SAN RAFAEL- National and local advocacy groups are expressing outrage over what has become a disturbing national trend of divorcing Dads killing their children and themselves.

8-month-old baby Bekm was shot and killed by his father, Nicholas Bacon, in Meridian, Idaho just 48 hours ago, while 9-month-old baby Wyatt was killed by his father Stephen Garcia just ten days ago in San Bernardino County. Details are still emerging about the tragic Idaho murder-suicide of baby Bekm on Monday night.

In the Garcia case, three different judges refused multiple requests by the child’s mother for restraining orders to protect her child, despite police reports and documented death threats by the father in text messages and on Facebook.

“The system failed Wyatt Garcia and Katie Tagle,’’ said California Assemblymember Jim Beall, Jr., the lead sponsor of Assembly Bill 612, which aims to prevent the use of non-scientific theories in California family courts. “Wyatt’s tragic death was completely avoidable.”

http://www.leadershipcouncil.org/

Numerous sources report a significant spike in murder suicides across the country by violent fathers who kill their children and themselves, frequently after mothers’ requests for protection of their children are denied by family court judges. In addition, the Leadership Council on Child Abuse & Interpersonal Violence estimates that more than 58,000 children per year in America are ordered by family courts into unsupervised contact with physically or sexually abusive parents following divorce.

“The time has come for us as a society to speak out and put a stop to this growing national body count. Across the country, women and children are being killed because of judges’ personal biases and junk science that tells them to disbelieve women’s legitimate claims and evidence of abuse,” said Rita Smith, the Executive Director of the National Coalition Against Domestic Violence.

According to court transcripts and eyewitness accounts, judges reacted with disbelief when mother Katie Tagle presented them with evidence of death threats against her son by the father.

Judge David Mazurek stated, “I get concerned when there’s a pending child custody and visitation issue and in between that, one party or the other claims that there’s some violence in between. It raises the court’s eyebrows because based on my experience, it’s a way for one party to try to gain an advantage over the other,” he said.

http://www.centerforjudicialexcellence.org/

“This attitude permeates the courts, that women are lying about the danger they are in,” said Kathleen Russell from the Center for Judicial Excellence. “This attitude causes judges to ignore tangible evidence of death threats and abuse. The abusers’ lobby has convinced judges that shared custody is always the answer, and sadly, this case points out how deadly that approach can be,” she said.

According to a family member who was in the courtroom when Ms. Tagle last sought protection for her son, the judge reportedly said, “One of you is lying, and I think it’s you,” while pointing at Katie. Transcripts from this hearing are not yet available.

The National Coalition Against Domestic Violence and the Center for Judicial Excellence are part of a growing national advocacy movement to educate the public as well as litigants, lawmakers, judges, and social service providers about the need for comprehensive family court reform. The Center for Judicial Excellence and their allies worked with California State Senator Mark Leno and others to pass an audit request through the state legislature last July. The California State Auditor is currently investigating the use of court appointees in family courts because of growing evidence that children are being harmed there. The California Legislature is slated to consider additional family court reform bills being presented by the Center and the California Protective Parents Association in the coming months.

“We must assess what’s happening in our family courts, and that’s why I’ve requested a state audit to take a hard look at the performance and effectiveness of the family court system,’’ said Assemblymember Beall.

The State Auditor’s report about the California Family Courts has an expected release date of June 2010.

***************

http://www.ncadv.org/

NCADV – The Mission of the National Coalition Against Domestic Violence (NCADV) is to organize for collective power by advancing transformative work, thinking and leadership of communities and individuals working to end the violence in our lives.

http://www.centerforjudicialexcellence.org/

CJE – The Center for Judicial Excellence (CJE) was established to improve the judiciary’s public accountability and strengthen and maintain the integrity of the courts. CJE has made a special commitment to protect the rights of children and other vulnerable populations in the courts.

##

KATHLEEN RUSSELL | KATHLEEN RUSSELL CONSULTING

1346 4th Street | San Rafael, CA | 94901

Main 415.459.9211 | Fax 415.459.9210

Telling Stories, Moving Mountains

www.kathleenrussell.com

A CERTIFIED BAY AREA GREEN BUSINESS

Civil Legal Aid Groups Soon to Receive Funds from the Indiana Supreme Court

The Indiana Supreme Court has money going to agencies that can provide legal help for your child custody situation, if you cannot afford a lawyer. Visit the agencies listed in their press release below and seek help to fix what the courts did to you in the first place. Good luck...

	FOR IMMEDIATE RELEASE December 23, 2009	Contact: Kathryn Dolan 317.234.4722
	INDIANA SUPREME COURT PROVIDES $750,000 IN FUNDING TO CIVIL LEGAL AID GROUPS IN JANUARY 2010

In January 2010, agencies that provide low income Hoosiers with civil legal services will receive funding from the Indiana Supreme Court. The Indiana General Assembly appropriates the funding for the Civil Legal Aid Fund and the Indiana Supreme Court awards the grant money to qualified agencies across the state.

Civil cases involve a conflict between people or business, such as foreclosure or divorce. In criminal cases, the government brings a charge against a person accused of a crime and an attorney is provided at state expense if the defendant cannot afford one. The Supreme Court is committed to ensuring that individuals involved in civil matters also have access to attorneys. The Supreme Court will provide $1.5 million to civil legal aid groups in 2010. The first installment, totaling $750,000, will be provided in January 2010 to the following eleven agencies.

Legal Aid - District Eleven
$8,369.19

Community Organizations Legal Assistance Program
$24,675.72

Elkhart Legal Aid Service, Inc.
$12,344.39

Indiana Legal Services, Inc.
$479,012.74

Indianapolis Legal Aid Society, Inc.
$46,126.50

Law School Legal Service, Inc.
$24,675.72

Legal Aid Corporation of Tippecanoe County
$5,020.32

Legal Aid Society of Evansville, Inc.
$13,650.05

Neighborhood Christian Legal Clinic
$80,315.63

Indiana Coalition Against Domestic Violence, Inc.
$24,675.72

Volunteer Lawyer Program of Northeast Indiana, Inc.
$31,134.02

TOTAL: $750,000.00

To qualify for Indiana Supreme Court Civil Legal Aid funding, an agency must be an Indiana non-profit that provides civil legal aid services to the poor without charge. The above agencies across the state meet those specifications.

In a separate effort to help civil legal aid, the Court also recently agreed to provide funding to the Indiana Bar Foundation’s Justice Givan Loan Repayment Assistance Program for Indiana or LRAP-IN. That program is designed to help civil legal aid attorneys with lower incomes and often high educational debt to repay student loans. The Court will provide up to $200,000 to LRAP-IN to help Indiana civil legal aid groups recruit and retain qualified attorneys.

Both efforts are designed to help provide legal service programs for the poor. For more information about the Indiana Supreme Court and the Civil Legal Aid Fund, visit courts.in.gov.

Tennessee Murder Suspect Tried to Take Custody of Children From Ex-Wife...Called Her "UNFIT"

If it would have been in Indiana, he would have gotten away with it...court fee paid or not! From The Huntsville Times:

Tuesday, July 21, 2009 By Niki DoyleTimes Staff Writer niki.doyle@htimes.com

The man accused of killing six people, including his wife and her 16-year-old son, once tried to take custody of his two children away from his ex-wife by claiming she was an unfit mother.

According to court records from August 2008, 30-year-old Jacob Shaffer claimed his ex-wife, Elizabeth Shaffer, was "neglectful in the welfare and well-being" of the couple's two children, 9-year-old Arianna and 7-year-old Justin.

The case was promptly dismissed in December when Shaffer failed to pay the $382 in court costs, records show.

Shaffer has been charged with murder in Lincoln County, Tenn., in connection with the brutal slayings of his current wife, 38-year-old Tracie Shaffer, and the woman's father, brother and son, along with the son's friend and a Huntsville man.

Tennessee Bureau of Investigation officials said Shaffer spared his own 4-year-old daughter, who was in the home with his wife at the time of the killings. According to court records and family, Shaffer has at least three children - the two from his marriage to Elizabeth Shaffer, and the 4-year-old girl from his marriage to Tracie Shaffer.

Jacob Shaffer claimed less than a year ago that his oldest daughter thrived in his household, earning better grades and showing more involvement in Sunday school than when she lived with her mother.

Shaffer said his ex-wife had been living with her boyfriend and left the children in his sole custody for months, neglecting to pick them up at scheduled times, according to court records.

The claims went unanswered, and the case was closed in December after a Madison County judge denied Shaffer's request for a waiver of fees based on financial hardship.

The 2008 civil case was the second chapter of a custody battle between Shaffer and his ex, who sued him three years earlier for $7,375 in back child support for their two children.

Shaffer teetered on the brink of a 110-day jail sentence for failing to pay 80 child support payments since the couple's divorce in 2003. Shaffer put down a "large good-faith payment" after the civil court claim was filed, causing the judge to withdraw the order that could have sent him to jail.

Illinois Judge Didn't Listen to Mother's Concern for Her Sons...BAM! They are Dead Now

About the murder-suicide that happened recently in Illinois, a father killing his two young sons and himself during visitation...from NBC Week:

Family and friends of two slain LeRoy boys say a McLean County judge is just as guilty as the boys' father in their deaths. More than a thousand people have signed a petition calling for Judge James Souk to resign.

Online Petition for Judge Souk To Resign

Amy Leitchenberg believes her boys would be with her now if it weren't for Judge James Souk granting her ex-husband unsupervised visitations. She pleaded with the courts to keep her boys away from their father, Michael Connolly, because she says he was abusive to her, depressed and suicidal.

Now, there are calls for the courts to change and consider those risk factors in cases like this. "If those risk factors are high for a parent to parent, then is there a way to put that protective factor in place," Kim Wells, Executive Director for the Corporate Alliance to End Partner Violence, says.

"There is a lot of protection and I doubt very much that the judge failed in this case," Longtime Peoria Divorce Attorney David Lynch says. Lynch says even though Michael Connolly violated orders of protection, he believes the judge followed the law because he showed no specific harm to the kids. "A court cannot stop a visitation unless it finds the visitation would be dangerous to the child's mental, moral or physical health," Lynch says.

Still, family and friends of the boys are frustrated saying Jack and Duncan's deaths could have been prevented. That's why they're also planning to file a complaint with a Judicial Board in Springfield about Judge Souk's decision. "I do believe this family was failed. That these children were failed and we need to take a long, hard look at what we can do," Wells says.

"A judge is going to say look at what happened to those two kids. Should I be overly restrictive to a very good parent because they might be that one in 10-thousand or one in 100,000. It’s a very nerve-wracking business," Lynch says.

Judge Souk's decision in November does include a psychiatrist report that states Michael Connolly was not a threat to himself or others. Authorities say they believe the father Michael Connolly hanged himself. Meanwhile, the cause of death for his two boys found in the back of his car is not being released because their mother does not want to know.

Funeral arrangements for Jack and Duncan Connolly will be at the LeRoy Christian Church. A visitation will be Thursday from four to seven p.m. The Funeral will be Friday morning at 10 a.m.

Margaret Torre Wouldn't Have Stood a Chance in Indiana's Family Courts

She would have had her son, Joe Torre, taken away and given to her abuser because he was afraid of his dad. Afraid of him because of the abuse his mother suffered. Not because of so-called "parental alienation."



Visit Joe Torre's "Safe at Home" Foundation website.

Maternal Deprivation: Something Indiana's Judges Just Don't Get

Harlow's monkey's....he was on to something...too bad the Family Court Judges and Whores of the Court here in Indiana JUST DON'T GET IT, children need their mothers.

Scientific Report: Battered Women ARE Losing Custody of Their Children

Child Custody and Visitation Decisions in Domestic Violence Cases:
Legal Trends, Risk Factors, and Safety Concerns (Revised 2007)

by Daniel G. Saunders, Ph.D.

It may be hard to believe that an abusive partner can ever make good on his threat to gain custody of the children from his victim. After all, he has a history of violent behavior and she almost never does. Unfortunately, a surprising number of battered women lose custody of their children (e.g., Saccuzzo & Johnson, 2004). This document describes how this can happen through uninformed and biased courts, court staff, evaluators, and attorneys and how the very act of protecting ones’ children can lead to their loss. It also describes the major legal and social trends surrounding custody and visitation decisions and the social science evidence supporting the need to consider domestic violence in these decisions. It ends with some recommendations for custody and visitation in domestic violence cases.

Please find the document for download here.