Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boca Raton

General legal information furnished as a service of Fort Lauderdale / West Palm Beach family law attorney Janet Langjahr

July 1, 2009

If You Want Speedy Justice, Head for Criminal Court, Not Family Court

Posted by Filed under Child Custody, Divorce, Visitation, Interstate Child Custody Jurisdiction.

In the criminal courts, the defendant can insist on speedy justice.

Not so the litigants in family court, which often operates in a virtual time warp.

Husband and Wife live in North Carolina. They have two children.

Wife files for divorce.

North Carolina Court grants permission for Wife to relocate to Rhode Island, but allows for visitation by Husband each month in both states.

The Wife reportedly tries to block Husband’s visitation and cut Husband out of the children’s lives by accusing Husband of everything from harsh discipline of the children to neglecting them to watch pornography on the internet.

Wife also obtains an injunction for protection against domestic violence, or order of protection, against Husband - in Rhode Island.

Not buying it, the North Carolina Court orders Wife to return with the children to live in North Carolina.

Unhappy with the North Carolina ruling, Wife tries to do an end run around the North Carolina courts and seeks emergency jurisdiction in Rhode Island.

Which Rhode Island’s family courts exercise … repeatedly.

Having apparently exhausted his remedies in North Carolina, Husband appeals in Rhode Island.

And Husband wins …

A mere seven years later.

The reasons Husband wins are because:

  1. North Carolina validly exercised jurisdiction in the first place and
  2. Emergency jurisdiction is inherently temporary in nature
  3. .

Read more in this Providence Journal news blog post: R.I. Supreme Court: Mother, children must return to N.C.

June 23, 2009

Washington State Mother Abducts Son to India, Leaving Father with No Contact for Nearly a Year

Posted by Filed under Child Custody, Visitation, Hague Convention Kidnapping International Child Custody.

Washington state Mother and Father, both Indian immigrants, marry and have Son.

As part of their divorce, the Court permits Son to travel to India with either parent.

Mother allegedly takes three year old Son to India.

Nearly a year ago.

And Mother and Son reportedly have not returned to the US since.

Father is entitled to court-ordered visitation.

And, since the abduction, Father has been awarded custody of Son.

But both orders are just so much paper, without practical effect.

Because India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.

And India is indifferent to US court orders in family law cases.

Even the custodial interference charges filed against Mother in Washington state have no impact.

Practically speaking, Father has no legal recourse for return of his son.

Read more in this Kent [WA] Reporter article: A Father’s Day he won’t see: International child abduction devastates former Kent man.

May 28, 2009

Grandparents Still Fighting for Visitation with Grandchildren Nine Years After Daughter’s Death

Posted by Filed under Visitation.

Husband and Wife marry.

Husband and Wife have Children.

West Virginia Grandparents see Children.

Wife dies.

Husband inherits Wife’s custody of Children.

Grandparents don’t see Children.

Ever.

For nine years and counting.

Grandparents appeal to the courts for visitation with Children.

Over and over.

With no luck.

Because under current law, Grandparents generally have no rights where a fit parent denies them visitation.

Grandparents are campaigning for support of a petition for grandparents’ rights to take to their legislature.

Read more in this Steubenville, OH WOTV 9 news article: Grandparents Fight For Visitation Rights.

May 25, 2009

Intermediate Appeals Court in Florida Recognizes Washington State Adoption by Gay Couple and Parental Rights Flowing from It

Posted by Filed under Miscellaneous, Child Custody, Visitation, Adoption.

Florida does not allow adoptions by a homosexual couple.

Washington state does.

A lesbian couple living in Washington state each give birth to a child.

And each partner adopts the other’s biological child as permitted under Washington law.

Lesbian couple relocates to Florida.

And eventually breaks up.

At first, they agree to share legal and physical custody of both children, so that the children can spend most of their time together.

The next year, however, one of the couple “goes straight” and becomes engaged to marry a man.

Who wants to adopt his fiance’s biological child.

At that point, when the child is about 9 years old, her mother denies any timesharing to her former partner.

The frustrated partner brings suit to determine parental responsibility and timesharing.

At trial, the court denies the frustrated partner any parental responsibility or timesharing with the denying partner’s biological child.

On appeal to an intermediate level appellate court, that ruling is reversed.

The Florida appellate court holds that Florida has to give full faith and credit to the Washington state adoption and the rights and obligations flowing from it.

Without regard to Florida’s law and policy against gay adoption.

The birth mother intends to appeal to the Florida Supreme Court.

Read more in this Courthouse News Service article: Fla. Must Recognize Gay Adoptions, Court Rules and this Sarasota Herald Tribune article: Adoption by Sarasota lesbian is upheld on appeal.

May 21, 2009

Mother Wanted for Kidnapping Her Child from Grandparents, His Legal Custodians

Posted by Filed under Miscellaneous, Child Custody, Visitation, Juvenile Delinquency or Dependency.

Mother, Grandparents and 3 year old Child go to mall.

Mother and Child become separated from Grandparents.

Mother and Child leave mall.

Amber Alert goes out.

Grandparents have legal custody of Child.

Mother is only allowed supervised visitation with Child.

Warrants for Mother’s arrest for kidnapping are issued.

Mother is suspected to have abducted Child to Georgia.

Child is not believed to be in danger of violence from Mother.

But Child is still missing.

Read more in this Mooresville [NC] Tribune article: Warrants issued for mother of missing 3-year-old.

May 1, 2009

Internet Visitation Bridges Distance

Posted by Filed under Visitation.

It works for grandparents and extended family members.

It also works for parents who, for whatever reason, are far away from where their kids are.

It’s virtual visitation via the internet.

Thanks to widespread high speed internet access, parents can do practically anything with their kids via web conferencing.

Look each other in the eye while talking. Play board games. Etc., etc.

It’s the next best thing to being there, in the flesh. And, in many ways, it negates the feeling of distance between parents and their kids.

Several states specifically provide for web-based visitation by statute.

Although some noncustodial parents argue it is used as a justification to deprive them of in-person access to their children, some custodial parents argue that it is so popular with the kids that it cuts into the custodial parents’ time with their kids.

Clearly, though, it well serves a valuable purpose in our mobile society, where relocation is a frequent issue.

It can also be useful in certain situations otherwise managed with supervised visitation.

Read more in this Toronto Metro News article: Virtually there - Cyberspace helps divorced parents keep in touch with kids.

April 12, 2009

A Therapist’s Tips to Reduce the Stress of Exchanges and Visitation

Posted by Filed under Visitation.

A therapist offers mothers her tips for reducing the stress related to exchanges and their child’s visitation with his or her father.

  1. Always focus on your child.
  2. Make sure the other parent is kept posted on recommendations from school as to services appropriate for your child.
  3. Attend a different performance of school events if possible, trade off events or sit far away from the other parent.
  4. Ditto for sports events.
  5. Be civil at extended family occasions and gatherings - or don’t go.
  6. Be accommodating with schedule changes.
  7. Treat your ex with respect.
  8. Allow communication - but use e-mail for neutrality … and a record.
  9. Let your child participate in planning, but don’t put your child in the middle … or on the spot.
  10. Attend a Children First class.

Read more in this Single Minded Women website article: Stress-Free Visitation Guidelines and the website Your Child’s Divorce.

April 8, 2009

Birth Mother Loses Parental Rights and Seeks Visitation with Children She Kidnapped .. After Giving Them Up for Adoption

Posted by Filed under Miscellaneous, Child Custody, Visitation, Adoption.

Florida birth Mother gives her twin babies (Twins) up for adoption.

Mother maintains she signed adoption papers under duress resulting from sleep deprivation.

Twins are adopted by North Carolina couple.

Adoption is open, according to contract, with Mother being involved with the Twins after the adoption.

Then Mother allegedly takes off to Canada with the Twins.

Mother is charged with kidnapping the Twins.

Mother’s parental rights to Twins are terminated.

Now Mother is seeking visitation with the Twins from a North Carolina court.

The trial court ruling apparently turned quickly on the fact that Mother’s parental rights had been terminated.

Mother is pressing to have a full hearing despite that.

Mother characterizes the case as a custody dispute.

The adoptive North Carolina couple characterize it as a contract dispute.

The North Carolina appellate court has yet to rule.

Read more in:

  1. this Raleigh [NC] News TV 14 article: Court continues to mull Quets’ visitation rights
  2. this Raleigh [NC] WRAL TV 5 article: Adoption case goes to state Court of Appeals
  3. this Raleigh [NC] News & Observer article: Quets makes appeal for visitation

April 6, 2009

Illegal Immigrants at Risk of Pickup During Visitation with Related Children in Child Protective Custody

Posted by Filed under Visitation, Immigrants.

Illegal immigrants planning to visit children in protective custody may want to think twice first.

A grandmother visiting her baby grandson was picked up by immigration agents on an outstanding deportation warrant.

It seems that social workers advised immigration officials of the time and place of the scheduled visitation.

The immigrant family members could not see what their legal status had to do with their visitation.

Some groups warn that schemes like this discourage immigrants from cooperating with child abuse investigations.

But the Department of Children and Families maintains that it is just complying with its legal obligations.

Law enforcement authorities indicated that when they encounter people with outstanding arrest warrants against them, they routinely arrest them.

Whatever procedures apply, arresting illegal immigrants sometimes leaves children in this country without caregivers in their own families.

Read more in this South Florida Sun Sentinel article: Social workers used children as bait in immigration case, man claims.

April 5, 2009

Finally … A Separating Parents’ Class For The Parents Who Never Tied the Knot

Posted by Filed under Child Custody, Child Support, Visitation, Paternity.

It’s very common for divorcing parents to be ordered to attend a parenting class for divorcing parents.

Never-married parents may be required to attend the same class, but they frequently feel that it “doesn’t apply to them”.

Ohio’s Stark County is attempting to address that program flaw by instituting a separate class for never-married parents.

The course emphasizes communications skills and appreciating the importance of both parents to a child.

The new program provides mediators and a psychologist to educate parents on “psychological wellness for kids”.

It is hoped that the new program will benefit the growing numbers of children of unmarried parents as well as the unmarried parents themselves.

In future years, the new course will be funded through court fees.

Read more in this Stark County [OH] Press-News article: New parenting program offered to never married parents who are separating.

March 23, 2009

Kentucky Father Caught in Mexico After Allegedly Abducting Baby Daughter There

Posted by Filed under Child Custody, Visitation, Paternity.

Mother and Father have two year old baby Daughter.

Father allegedly takes Daughter out for a walk.

And disappears.

Again.

Father is reportedly caught … in Mexico, thanks to a phone call.

Daughter is back with Mother and her fiance in Kentucky.

Father will be extradited there on charges of interference with child custody.

Mother plans to seek sole custody of Daughter, with supervision of Father’s visitation.

Mother acknowledges Father’s importance to Daughter, but hopes he seeks psychological help.

Read more in this [Laredo, TX] KGNS Pro 8 TV News article: Pro 8 News Exclusive: Mother of kidnapped girl speaks out to our Joey Horta.

March 14, 2009

SC: Yet Another Effort to Protect Parental Rights of Parents Serving in the Military

Posted by Filed under Miscellaneous, Child Custody, Child Support, Visitation.

The issue of parents in the military suffering adverse rulings in family courts at home while they are away on deployment just doesn’t quit.

The latest state to enter the fray is South Carolina, with its pending Military Parent Equal Protection Act.

The proposed legislation is intended to stop permanent changes to custody orders or entry of permanent custody orders while or because a parent is deployed in the military.

The bill also requires the parent with physical custody to allow visitation during the military parent’s leaves from active duty.

Another change in the pending act is a prohibition of permanent changes to child support orders based on military pay.

The main theme is keeping any changes made to accommodate or otherwise because of military service by one parent as temporary changes.

Unfortunately, if passed, the legislation would likely make more work for family court judges and tend to clog their dockets.

Read more in this Beaufort [SC] Gazette article: Legislators: Military members on active duty shouldn’t have to fight custody battles.

March 3, 2009

Unilateral Relocation for a Job May Cost a Custodial Parent Custody - and Substantial Legal Fees

Posted by Filed under Miscellaneous, Child Custody, Visitation.

Pennsylvania Mother has primary physical custody of her three children.

Mother moves to another county for employment.

Mother claims she did not know that she wasn’t at liberty to move.

Court orders Mother to move back to original county - and modifies physical custody to shared.

A retired Pennsylvania judge suggests that the only problem here was that Mother just moved, without first seeking permission of the Court. Which might not have been difficult to obtain.

Technically, this type of relocation may constitute a kidnapping under the custody order.

Mother reportedly racked up substantial legal fees as a result of her relocation.

With unemployment at its height for many years, many custodial parents may be tempted to relocate for a better job, or any job.

But it may be imprudent - and costly, in more ways than one - to simply move.

It is always prudent to ask the court’s permission before relocating, no matter how good a reason there is for the relocation.

Read more in this [Pittsburgh] WPXI TV news article: Poor Economy Affecting Child Custody Cases.

March 2, 2009

Texas Strikes Out against Visitation Orders That Parents Can’t Understand

Posted by Filed under Visitation.

In Texas, a lot of parents evidently can’t understand their court-ordered visitation.

Actually, that’s not just true in Texas.

Floridians also find errors - and omissions - in their visitation orders all the time, as well as totally incomprehensible provisions.

A lot of it stems from use of uniform forms, whose primary virtue is, well, uniformity.

Unfortunately, they often lack clarity and comprehensiveness, while containing contradictions and ambiguity.

So what’s a parent to do, if they each interpret the darn thing differently?

The State of Texas is trying to rise to that occasion.

The state’s Attorney General’s office and the Access to Justice Foundation are jointly offering free monthly legal clinics to help parents figure out their visitation orders.

The State also offers a visitation phone hotline manned by attorneys. The hotline serves 1,500 callers per month.

Another strategy for addressing this problem might be to have better model forms for visitation orders.

Read more in this Liberty [TX] Vindicator article: New OAG Service Helps Parents Address Visitation Concerns.

February 11, 2009

International Custody Case Hard to Follow

Posted by Filed under Child Custody, Visitation, Hague Convention Kidnapping International Child Custody, Paternity.

This case is almost as hard to follow as a sleight of hand trick.

Daughter, an American citizen, is in Mexico, with nonrelatives. That’s been the case for four years of the five year old’s life.

Her Father and Mother are US citizens in the US, although not together.

It all started when Daughter’s Mother married a Mexican man, identified him on Daughter’s birth certificate as Daughter’s father and then moved to Mexico when her new husband was deported.

Father only saw Daughter one time in her life.

But DNA testing confirmed that Father, not Mother’s husband, is Daughter’s biological father.

Mother returned from Mexico to the US for a few days, leaving Daughter behind with her husband.

And there Daughter has stayed ever since.

Mother was arrested and incarcerated.

Father was also incarcerated.

Mother and Father both agreed to give custody of Daughter to Father’s wife.

A Florida court even approved the custody agreement.

And so Father’s wife has been trying ever since to bring Daughter home to Florida.

But she’s gotten nowhere. She can’t even verify that Daughter is alive.

It turns out, Daughter is with Mother’s husband’s sister - who is fighting to keep Daughter there and has identified her as a Mexican citizen.

A hearing was finally held in Mexico.

Mother’s husband’s sister testified that Mexico was all Daughter knows and that her parents are both criminals who shouldn’t have her.

But the Mexican judge has not ruled, either way.

Allegedly because the Court was awaiting papers from the US government.

And Daughter remains in Mexico with nonrelatives.

Read more in this Ft. Myers [FL] News-Press article: Lee couple fight to get little girl back home.

January 19, 2009

Nebraska Court Rejects Relocation / Custody Tactic: Bugging Child’s Teddy Bear

Posted by Filed under Miscellaneous, Child Custody, Visitation.

Nebraska couple divorce. Their Daughter is now 4 years old.

Mother files motion to relocate with Daughter to another state.

Daughter’s therapist learns from Mother that there is a recording device in Daughter’s teddy bear.

The recorder was reportedly placed in the teddy bear by the Mother, or someone on her behalf.

It turns out that the device has been recording Father’s visitation for many months.

The Court bars use of the recordings in the courtroom, on the grounds that making the recordings was illegal.

Now, Father and several others who were recorded, including some court-appointees in the case, have filed a damages lawsuit against Mother, her father and Mother’s former attorneys for invasion of their privacy.

Mother’s attorneys terminated their representation upon learning of the recordings allegedly made for their client (although they argued that the recordings should be used by the Court).

Father has recently been awarded greater timesharing with Daughter, nearly equal to Mother’s.

Mother has not been charged in criminal court with making or causing the recordings to be made.

Meanwhile, Father briefly microwaves Daughter’s coats, toys and teddy bears whenever he picks her up, to disable any other recording devices.

Read more in this Omaha [NE] World-Herald article: Custody case tip: Don’t bug kid’s teddy bear.

January 12, 2009

AR: Grandparent Rights Depend on Parental Rights

Posted by Filed under Miscellaneous, Visitation, Juvenile Delinquency or Dependency.

Family court can be hard on grandparents these days.

But so can juvenile dependency court.

When a parent’s parental rights are terminated, a grandparent’s derivative grandparental rights are terminated too in many cases.

Sometimes even if the grandparents once had temporary custody of the grandchildren.

Arkansas grandparents hoping for some visitation with their grandchildren recently met with state lawmakers about their rights and desires.

State workers advised the grandparents how to file for visitation.

Read more in this [Little Rock, AR] KARK 4 News article: Grandparents Seek Visitation with Grandkids.

January 8, 2009

The New Post-Divorce Parental Timesharing Pact Becoming More Common

Posted by Filed under Child Custody, Divorce, Marital Agreements, Visitation.

More and more couples (although still a fairly small percentage) are agreeing to equal timesharing or near-equal timesharing following divorce or separation.

These arrangements can be more complicated for all concerned and introduce more interactions and, therefore, potential conflict, between parents.

But where parents get along and both are able to put their kids first, such schedules can work well for everyone.

Even where more traditional timesharing arrangements are generally adopted, studies show that there is somewhat more actual contact between the children and the noncustodial parent more recently than in the past under such arrangements.

In some cases, the reason for increased timesharing with the noncustodial parent is financial, having to do with monetary incentives built into more modern child support laws.

In other cases, of course, the reason is that fathers genuinely want to spend more time with their kids than more traditional timesharing schedules allow.

Are equal and near-equal timesharing arrangements likely to be court-ordered where the parties don’t agree to it?

Statistics show that courts are still much more inclined to follow older, more traditional timesharing schedules where the parties don’t agree otherwise.

Why? Equal timesharing is fraught with logistical challenges that, where parents can’t get along, virtually guarantee further litigation, parental conflict and, potentially, danger.

In those cases, of course, a more traditional timesharing schedule minimizes parental interactions and conflict and therefore works better.

Read more in this Newsweek article: Not Your Dad’s Divorce.

January 2, 2009

Abandoned Baby in Ohio Finally Placed in Father’s Custody

Posted by Filed under Child Custody, Visitation, Paternity, Juvenile Delinquency or Dependency.

Ohio Mother and Father have affair and conceive Baby.

Relationship apparently breaks up.

After Baby’s birth, Mother leaves Baby at a church in June without Father’s knowledge.

This abandonment does not comply with Ohio’s safe havens laws.

Mother is charged with child endangerment.

Baby, and Mother’s three other children, are all placed in foster care.

DNA test later determines paternity of Father in November.

Father and his family want Baby with them.

Court orders visitation with Baby at Father’s home.

Court adopts plan for Father to have custody of Baby before Christmas, with final hearing to take place in January.

Read more in this Mansfield [OH] News Journal article: Dad wins custody of baby left in Bellville and this WFMD News article: Mother Of Abandoned Baby Charged.

December 27, 2008

Grandparents Lose Baby to Foster Care for Giving Baby Pacifier … Over Her Mother’s Protest

Posted by Filed under Child Custody, Visitation, Adoption, Juvenile Delinquency or Dependency.

Washington State teen Mother and Baby live with Baby’s Grandparents.

Grandparents care for Baby.

Then Mother moves out with Baby.

Baby loses significant weight, and doctor reports neglect to Child Protective Services.

Baby is placed with Grandparents.

Baby improves.

Then Mother and Baby are placed in “transitional housing”.

Mother gets evicted.

Grandparents complain to child welfare and their senator over the handling of the case.

Now Baby gets placed in foster care, instead of back with Grandparents.

Apparently child welfare agents changed their collective minds about Grandparents.

Their documentation finds fault with Grandparents undermining Mother’s parenting - by giving Baby a pacifier over Mother’s protests.

There are many unfavorable conclusions disproved by child welfare’s own documentation.

Under Washington State law, relatives are favored for placement over foster care.

Agency officials report that child welfare professionals don’t always follow the law.

Grandparents are even denied visitation for extended time based upon an alleged court order that doesn’t exist.

Now child welfare is pushing for the Baby to be adopted by her foster mother.

But the case will be back before a judge before long.

Read more in this [Washington State] NWCN TV news article - Investigators: Grandparents passed over in favor of foster care.

December 26, 2008

Custodial Parent from Idaho is Believed to Have Abducted Son to Mexico for Reasons Unknown

Posted by Filed under Child Custody, Divorce, Visitation, Hague Convention Kidnapping International Child Custody.

Idaho Mother has custody of her Son. Father lives in Idaho too.

According to Father, Mother has passports for herself and Son, copies of their birth certificates and the proceeds of the sale of a home she owned in Nevada.

And now, about six months after their divorce, for reasons unknown, Mother is suspected to have fled with Son to Mexico, after she failed to drop Son off to Father for visitation on November 30th as scheduled following a trip described as being to California.

But neither Father nor authorities are at all certain where Mother and Son are.

Father brought in the FBI, and Mother is being sought on kidnapping charges.

International abductions from Idaho are reportedly not common.

Mexico is a party to the Hague Convention on the Civil Aspects of International Child Abduction, so it’s not the worst place for Mother and Son to be for purposes of securing their return.

But until they are located, it’s difficult to work on their return.

Father says he worries how the kidnapping and separation will affect Son emotionally and psychologically.

Read more in this [Boise, ID] KTVB-TV 7 article: Kidnapped boy believed to be in Mexico with his mom.

December 15, 2008

South Carolina Father Arrested for Violating Custody Order By Removing Children From State (and Keeping Them Beyond His Allowed Timesharing)

Posted by Filed under Miscellaneous, Child Custody, Visitation.

South Carolina Father has visitation with his Children. The parenting order clearly states that Father is required to exercise his visitation within the state of South Carolina (in fact, within the county).

So what does Father do?

Father takes Children to Alabama to visit with relatives - and fails to return Children when ordered to do so.

The consequence?

Alabama law enforcement officers arrest Father on two counts of traveling out of state with a child in violation of a child custody order. And the Children are taken into child protective custody in Alabama.

Father is transferred to jail in South Carolina.

The violated custody and visitation order isn’t even three months old.

Father is off to a good start.

Read more in this SC Now article: Florence man arrested in child custody case.

December 4, 2008

ND’s Fugitive Dismissal Rule Precludes Appeal By Abducting Mother Who Skipped Out on Modification of Custody Trial

Posted by Filed under Miscellaneous, Child Custody, Visitation, Paternity.

Mother and two Children all live in North Dakota, as does Father.

Mother has custody and Father has visitation.

Mother is found in contempt of court for denying Father access to Children.

Mother absconds with Children to Indian reservation in South Dakota - and fails to appear at modification of custody hearing in North Dakota.

North Dakota Court awards custody of Children to Father.

Mother appeals North Dakota modification of custody.

North Dakota Supreme Court dismisses Mother’s appeal under the “fugitive dismissal rule”.

It is generally not helpful to one’s cause to simply not show up for a trial. Nor to abscond with children in an attempt to circumvent an existing court order or an anticipated court order.

Read more in this [Bismarck, ND] KFYR-TV 5 article: ND Supreme Court Bars Appeal in Child Custody Case.

November 23, 2008

Irish Father Seeks Return of Son to Ireland after Mother Allegedly Abducts Son to England

Posted by Filed under Child Custody, Visitation, Hague Convention Kidnapping International Child Custody.

Mother and Father live in Ireland with Son.

Mother and Father break up.

Mother allegedly abducts Son to Britain.

Father brings an application for Son’s return to Ireland under the Hague Convention on the Civil Aspects of International Child Abduction.

Father seeks guardianship of Son in an Irish Court.

A British Court orders that Mother’s and Son’s passports be deposited into Court pending further order of the Court at a hearing next month.

A spokesman for the Irish Family Breakdown Support Services notes that Ireland is in need of new laws to strengthen the legal rights of unmarried fathers in Ireland.

In the last year, Ireland has seen a twenty-five percent uptake in parental abduction cases.

Read more in this Irish Independent article: Father fights for return of son (5).

November 19, 2008

Swedish Mother Allegedly Abducts Her Sons During Her Court-Ordered Visitation under Hague Convention

Posted by Filed under Miscellaneous, Child Custody, Visitation, Hague Convention Kidnapping International Child Custody.

Sons live primarily with Australian Father.

Swedish Mother has two court-ordered visits with Sons per year in accordance with the Hague Convention on the Civil Aspects of International Child Abduction.

Sons advise Father that Mother does not intend to return Sons to Father in Australia.

Sons go to Sweden for their most recent visitation.

Sons do not return on schedule.

Now the Australian Family Court has prohibited any further contact between Sons and Mother.

Unfortunately, that is not very helpful at this point.

Australia issues an arrest warrant for Mother and alerts Interpol of the incident.

From January to October, 121 Australian children were abducted from Australia.

Read more in this [Australian] Age article: Missing in Sweden: Melbourne father’s dash to find sons and this [Australian] Age article: Man looks for missing sons in Sweden.

November 12, 2008

Schools Are Starting to Take on Interpreting and Enforcing Parental Timesharing Rights, under The Guise of Securing Children

Posted by Filed under Miscellaneous, Visitation.

Two years ago, a noncustodial Michigan parent snatched a child from school.

Now, would-be visitors trying to gain entrance into at least one Michigan school find it nearly as difficult as getting into a courthouse.

School visitors are “managed” by a dedicated computerized terminal running “visitor management” software.

Visitors must be processed through the terminal, which scans the guests’ driver’s licenses and compares the identities of the licensees against a national database of sex offenders. If the visitors are not in the sex offender database, the terminal prints visitor passes with photo identifications.

That’s the easy part.

The “intelligent” software terminal also maintains child custody and timesharing information, to “manage” child pickup disputes between parents (and potentially others) as well. That sounds as though it must require interpreting as well as enforcing parental timesharing legal rights.

All done by software … in the name of school safety … and if the terminal gets it wrong? ….

Read more about this brave new world in this Muskegon [MI] Chronicle article: Securing our schools.

November 2, 2008

Legally Incompetent Ohio Mother May Face Charges of Custodial Interference for Taking Daughter Out of School without Father’s Consent or Compliance with School’s “Check Out” Procedure

Posted by Filed under Miscellaneous, Child Custody, Visitation.

Ohio Husband and Wife have Daughter together. Husband and Wife are divorced.

Wife is held by a court to be legally incompetent. Husband is awarded (what sounds like sole) custody of Daughter.

Husband lists Wife as Daughter’s other parent in school records and furnishes school information regarding Wife’s status as incompetent.

Wife appears at Daughter’s school to observe Daughter’s kindergarten class. The school allows.

Wife asks to take Daughter home before school is over. Daughter’s teacher consents, but instructs Wife to stop by the “office”.

Wife leaves school without advising the “office”. Husband arrives to pick Daughter up from school, only to discover that Daughter is not in school - and school doesn’t immediately know where or with whom Daughter is.

Police are summoned and an Amber Alert is issued for Daughter. Daughter is found safe at Library shortly thereafter.

Wife is expected to be charged with interference with custody under Ohio law.

The school states that it has done nothing wrong in permitting Daughter to leave with Wife - except perhaps for not having records of Wife’s incompetency in Daughter’s school’s files, as opposed to Daughter’s school district’s files.

Read more in this Columbus [OH] Dispatch article: Custody issue led to Amber Alert.<

November 1, 2008

South Florida Ex Husband with Equal Timesharing Allegedly Murders Ex-Wife’s New Husband in Front of Kids

Posted by Filed under Domestic Violence & Abuse, Child Custody, Visitation.

Husband and Wife have twins together. Couple later divorces.

Wife remarries. Wife happy.

Husband leaves job, allegedly so he can’ t pay child support.

Husband seeks order of protection against Wife, claiming she threatened him. The judge doesn’t buy it.

Husband repeatedly accuses Wife and her new husband of abusing the twins. After investigating, the state finds no evidence to support his accusations.

A doctor opines that Husband is coaching the twins to say that Wife’s new husband abuses them.

On Wife’s birthday, Wife and new husband bring the twins to Husband’s home for his timesharing.

Husband explodes and shoots Wife’s new husband - six times - in front of the twins. Wife’s new husband dies.

Husband is charged with murder, and confesses to the crime. Wife claims that Husband routinely beat and abused her during their marriage.

Wife’s attorney comments that Husband was a “ticking time bomb” against whom Wife had filed about 10 emergency motions.

Yet Husband had equal timesharing with their twins… Despite the twins having a guardian ad litem to advocate for their best interests.

Read more in this Miami Herald article: Police: Rage against ex-wife led to killing.

October 28, 2008

Mandatory Divorce Parenting Courses Withstand Challenge in Connecticut

Posted by Filed under Miscellaneous, Child Custody, Divorce, Visitation.

Connecticut, like Florida, has a mandatory parenting course for divorcing parents.

A Connecticut resident challenged the requirement as an unconstitutional infringement on the fundamental right of parenting one’s children as one sees fit.

The challenger also attacked the requirement as unreasonable, because it is required equally of good parents and bad parents alike. Further, it applies even where it is arguably irrelevant, such as in the case where the child is an infant oblivious to the divorce.

The course in Connecticut, as in Florida, is not on parenting in general but rather on parenting through the transition of separation. For example, the course teaches conflict resolution techniques.

A Connecticut trial court concluded that the state has a compelling interest in facilitating smooth separation transitions. It ruled that the course is not intrusive - because no parent is bound to follow the “advice” offered in the course. A parent is merely required to pay the attendance fee and “sit through” the course.

Although hardly a resounding endorsement of the course’s value, the Connecticut Supreme Court affirmed the trial court’s ruling and upheld the parenting course requirement.

For what it is worth, the mandatory divorce parenting course in Florida is shorter and less costly.

Read more in this Hartford [CT] Courant article: Conn. court: Mandatory parenting courses allowable.

October 23, 2008

Houston Woman Accused of Kidnapping Five Evacuated New Orleans Children … Who She Allegedly Took in for Three Years

Posted by Filed under Child Custody, Visitation.

Evacuated Hurricane Katrina mother and her five kids from New Orleans end up living in Houston.

Houston woman allegedly takes them all in.

New Orleans biological mother claims Houston woman refused to return the children to her when requested.

Houston woman claims she has raised the children for the past three years - with little financial assistance from New Orleans biological mother.

She also contends that children would be unsafe with biological mother, who she alleges cannot care for them. Child welfare agency does not find those allegations to be supported by evidence.

Police arrest Houston woman on kidnapping charges. Grand jury rejects indicting her - and Houston woman is released.

Houston woman, cut off from all contact, wants New Orleans children back in her life - along with their mother. But she drops her legal case to try to get custody of children.

Read more in this Houston Chronicle article: Woman who took Katrina evacuee’s kids no-billed.

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