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

Securities and Exchange Commission Takes an Interest in a Divorce

Janet Langjahr — Fri, 03 Jul 2009 03:37:03 +0000

Husband and Wife divorce.

Husband used to work for large software company.

Husband’s financial disclosure in divorce reveals two large payments and anticipates a further large payment from a so-called hedge fund.

Wife seeks a share of such monies. Husband impliedly disputes her right.

Further complication …

The Securities and Exchange Commission (SEC) reportedly previously investigated suspicions of insider trading between Husband and the hedge fund in stock of Husband’s former employer.

SEC has reopened the investigation since certain information and evidence came to light in the divorce case.

Wife was supposedly in possession of Husband’s computer’s hard drive, which may have had evidence stored on it. The SEC subpoenaed the drive.

Family court judge ordered that $250,000 of past payments from the hedge fund to Husband be held in escrow pending outcome of the SEC investigation.

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

Janet Langjahr — Thu, 02 Jul 2009 04:24:13 +0000

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:

North Carolina validly exercised jurisdiction in the first place and
Emergency jurisdiction is inherently temporary in nature

Turkey: Husband Must Compensate His Wife for His “Social Violence”

Janet Langjahr — Wed, 01 Jul 2009 03:35:17 +0000

Turkish Man living in France seeks to marry and bring a Turkish Woman to live with him in France.

Only that particular Woman had been accepted to college and has her heart set on attending.

So the Man promises the Woman that she will be able to go to university after the marriage.

So the Woman marries the Man.

But he does not allow the Woman to go to college.

In fact, he literally locks Woman inside the house in France.

To do housework.

Woman returns to Turkey and files for divorce.

Woman alleges that Husband is violent and that his family mistreats her.

The Court grants the divorce and, concluding that this case is not that different from a case of physical violence:

orders alimony for Woman
orders actual damages for Man’s “social violence” toward Woman
orders emotional damages for Man’s “social violence” toward Woman

Before You Tie the Knot Again, Be Sure to Review Your New Love Interest’s … Credit Report

Janet Langjahr — Tue, 30 Jun 2009 03:25:27 +0000

Financial columnists recommend the less than romantic activity of reviewing each other’s credit reports before tying the knot again.

Overlooked or forgotten accounts with an ex-spouse can rear their ugly heads even after a divorce.

Times two can make for a double whammy.

Before the marriage is the time to address these issues squarely and assess what you’re getting into.

Truth be told, checking your credit report is a pretty good idea during the divorce as well.

Prosecutors Seek to Intervene in and Block Yet Another Allegedly Phony Divorce Intended to Protect Assets

Janet Langjahr — Mon, 29 Jun 2009 03:56:42 +0000

Husband and Wife married twenty-seven years.

Husband, former CEO of corporation, convicted of accounting fraud.

Husband ordered to pay over $3 billion as restitution.

Divorce filed. Uncontested.

In divorce settlement, Husband sells home to Wife for $10.

Prosecutors seek to intervene, contending that Husband bought assets using fraudulently procured funds and Husband should not be able to shield them through a sham divorce.

This is the latest in a veritable rash of reportedly sham divorces that authorities or private corporations have sought to intervene in to preserve access to allegedly misappropriated assets.

Ways in Which Parents Sometimes Draw Children into Divorce, Intentionally or Not

Janet Langjahr — Sun, 28 Jun 2009 03:45:49 +0000

Consciously or unconsciouly, one or both parents in divorce sometimes draw their children into the following roles:

Spy on the Other Parent
Side-Taker against the Other Parent
Messengers to the Other Parent
Partner or Confidante
Household Finances Stretcher
Teenager Peer
Spoiled as Compensation
Pawns in Visitation and Custody Battles
Captive Audience to Disparagement of Other Parent
Tool Wielded to Manipulate or Control the Other Parent

Drawing children in to the divorce is damaging to them both psychologically and emotionally.

New York Court Enters Injunction for Protection against Domestic Violence, or Order of Protection, against Incarcerated Father Who Allegedly Stabbed His Son in the Chest

Janet Langjahr — Sat, 27 Jun 2009 03:52:55 +0000

New York state Husband and Wife have four children together.

Husband sustained a brain injury in a car accident several years ago and has a “mental health history”.

Wife files for divorce and child custody.

Husband allegedly stabs Son in the chest during a “domestic incident” at home.

Husband is charged with attempted murder of Son.

Husband is incarcerated pending his trial.

And the Court enters an injunction for protection against domestic violence, or order of protection, prohibiting Husband from writing or calling Wife or their four children.

The charge against Husband carries a maximum sentence of 25 years.

New York Mother’s Voodoo Ritual Places Daughter in Foster Care with Serious Burns and Permanent Scarring

Janet Langjahr — Thu, 25 Jun 2009 03:44:48 +0000

Haitian immigrant Mother thinks 6 year old Daughter is possessed by evil spirits.

Mother resolves to rid Daughter of them. With a voodoo ritual.

Mother allegedly pours rum on the floor in a circle surrounding Daughter and then pours some more on Daughter’s head and then … sets fire to Daughter.

When Daughter is engulfed in flames, Grandmother puts the fire out with water.

Then Mother and Grandmother simply bathe and put Daughter to bed, without any medical treatment.

Not until the next day, at a relative’s urging, does Mother take Daughter to a hospital.

Daughter has second and third degree burns over twenty-five percent of her body.

Mother is charged with assault and endangering the welfare of a child.

Mother denies her guilt and tells police the incident was an accident caused by Daughter startling her while she was boiling rice.

Mother also denies awareness of Daughter’s burns.

Mother blames Grandmother for putting Daughter to bed without medical treatment.

Grandmother is charged with reckless endangerment and endangering the welfare of a child.

Daughter, still in the hospital in a medically induced coma, is now in child protective custody.

Daughter told her foster caregiver what happened.

Neighbors reportedly heard Mother and Grandmother yelling at Daughter to remain down on her knees for hours on end on various occasions.

It does not appear that any of the neighbors ever called the child abuse hotline or the police to intervene on Daughter’s behalf.

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

Janet Langjahr — Wed, 24 Jun 2009 03:30:13 +0000

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.

Can a Big Corporation Go to Court to Dismiss a Couple’s Divorce?

Janet Langjahr — Tue, 23 Jun 2009 04:04:01 +0000

Wisconsin couple files for divorce.

Big Corporation seeks to intervene in, or step into, the case…

To dismiss the couple’s divorce.

The presiding trial judge has one preliminary question before the Court will listen to the Corporation’s arguments for dismissal:

does the Corporation have standing to insinuate itself into the case?

Standing is a legal term that ponders what legal interest does this Corporation have that would entitle this Corporation to butt into this couple’s divorce?

A seemingly good question.

Here’s what the Corporation reportedly relies on to support its standing.

Apparently the Husband was indicted on 20 odd counts of defrauding Corporation by inflating invoices to the Corporation from his trucking businesses.

And then a civil court granted Corporation a judgment against Husband for over $200 million.

Several days later is when Wife filed for divorce from Husband.

In the divorce, Wife asks for pretty substantial sums for child support and alimony.

Corporation essentially alleges that the couple seeks to use the divorce as a way of shielding assets from the civil court money judgment in favor of Corporation.

And maintains that the couple took trips together just before and even after the divorce began.

New York Stalker Doesn’t Get the Message … Again

Janet Langjahr — Mon, 22 Jun 2009 04:07:48 +0000

An upstate New York Man doesn’t get the message.

On one occasion, the Man was found at a Woman’s home with a knife.

Man was sentenced to 2 years’ incarceration for stalking the Woman and criminal contempt for violating a no contact order.

The Man’s incarceration was concluded at a hospital. Upon his release from the hospital the Man went … to the Woman’s home.

The Woman called the police and the Man left … only to return later the same day. At which time he was arrested again.

Resisting arrest was added to the charges against the Man this time around.

The Man and Woman met online and had gpne out a few times. The Man would not let the Woman break up with him.

The Man is obsessed. The Court let the Man off relatively easy, arguably perceiving the Man’s obsession with Woman as benign.

Psychiatric Drugs Prescribed for Children … Are They Killing Them?

Janet Langjahr — Sun, 21 Jun 2009 03:49:46 +0000

According to a lawsuit filed by a Florida teenager’s mother, the athletic boy died of a heart attack … brought on by prescription psychiatric medications.

Allegedly, too many of them, including one to alleviate side effects of the others.

The boy’s psychiatrist reportedly prescribed sixteen different drugs for the boy over the course of a year.

The same doctor also allegedly prescribed a number of medications for a foster child … who subsequently committed suicide.

The Department of Children and Families (DCF) is investigating.

According to DCF, substantial numbers of children in the child welfare system, even those ranging in age from infants to 6 years old are on psychotropic drugs, that is, mind-altering drugs.

According to reports, one third of teens in the child welfare system are on at least one psychiatric medication.

Further, in all or nearly all of the cases of children in the child welfare system on these medications, neither the children’s parents nor a judge had consented to the treatment of the children with psychotropic pharmaceuticals - a prerequisite under the law.

In the case that is the subject of the lawsuit, it is also alleged that there was insufficient monitoring of children on these strong medications.

Food for thought … for any parent of a child from a broken - or intact - family.

Texas Mother, Feared to Have Abducted Daughter Out of Country, Ordered to Produce Child in Texas Court

Janet Langjahr — Sat, 20 Jun 2009 04:13:06 +0000

A Texas surgeon (Mother) has been ordered to produce her eight year old Daughter in a Texas court.

The Mother is feared to have left the country with the Daughter.

Mother is now wanted on a state charge of interference with child custody and a federal charge of unlawful flight to avoid prosecution.

The Court awarded the child’s father (Father), a veterinarian, legal fees and investigation expenses to help him to locate and return Daughter to the US.

Since the couple divorced, Father moved around in an effort to keep up with his ex so he could be near Daughter.

Until Mother said she wanted to move to Mexico or Costa Rica.

Once Daughter is located, Father plans to file papers in the country where she is found to secure her return to the US.

In the meantime, the Texas Court has awarded Father sole custody of Daughter … and prohibited contact with Mother pending further order of the Court.

Father’s Day: The Time to Heal Estrangements Between Fathers and Children

Janet Langjahr — Fri, 19 Jun 2009 04:36:41 +0000

As Father’s Day approaches, a pro-marriage nonprofit association encourages fathers and children alike to look beyond parental alienation or past hurts and reach out for understanding and reconciliation at this time.

They have even written some sample overtures for use between fathers and children, to facilitate the process.

They correctly remind that good fathers are sometimes separated from their own children, wrongly, either by the courts, or their children’s mothers alone.

Drive Carefully … Or Risk Jail for Not Paying Child Support

Janet Langjahr — Thu, 18 Jun 2009 03:31:17 +0000

The Florida Highway Patrol (FHP) pulled over a Florida driver recently.

And hit pay dirt for two Massachusetts mothers.

FHP “ran him” and found a Massachusetts warrant out for the man’s arrest.

The man took off from Massachusetts, leaving behind two children from two different relationships, for whom he has allegedly paid no support for six years.

The man reportedly owes $125,000 to one of the mothers and $77,000 to the other one.

A Massachusetts judge recently sentenced the man to six months’ confinement.

And, of course, again ordered him to pay the support he owes the mothers of his children.

Child Neglect: Where is the Line in the Sand Drawn?

Janet Langjahr — Tue, 16 Jun 2009 04:10:02 +0000

A child welfare agency is breathing down their necks, threatening to remove their children.

They aren’t beating or starving their children.

Or leaving them unattended.

Why then?

The agency calls it medical neglect.

In one recent high profile case, hardly the first such case, the family refuses conventional medical treatment for religious reasons.

The child has cancer. A kind with an excellent prognosis with chemotherapy.

But the family’s religion frowns upon such treatment, preferring alternative, natural treatments.

And the boy and his mother go on the run … for a time.

When the boy’s condition worsens, they give in to the necessity of conventional treatment.

And the boy is allowed to stay with his parents.

In a second, lower profile case, a 14 year old child is obese, on the magnitude of 555 pounds.

To avoid a court hearing, this mother and son also go on the run.

And the mother is arrested for custodial interference.

Of course, it isn’t healthy for a child - or adult - to weigh over 500 pounds.

But is the child neglected? Should the child be removed from his or her family?

Are you following your pediatrician’s recommendations?

To the letter?

Is your child’s other parent keeping track?

Israeli Court Revokes Alimony Because Recipient Cheated on Spouse During Marriage

Janet Langjahr — Sun, 14 Jun 2009 04:14:03 +0000

Israeli Husband and Wife divorce.

Husband was unfaithful to Wife.

Husband is ordered to pay Wife alimony.

Fast forward six years.

Husband returns to court.

With videotape.

Of Wife and another man having sexual relations.

Prior to entry of the divorce.

Wife challenges videotape, of course.

But police authenticate it.

And, because of Wife’s unfaithfulness, the Rabbinic Court revokes Wife’s alimony.

Wisconsin Police Officer Successfully Sued for Giving Victim’s Address to Abuser Subject to Injunction for Protection against Domestic Violence

Janet Langjahr — Fri, 12 Jun 2009 03:59:58 +0000

Imagine.

Woman gets injunction for protection against domestic violence, or order of protection, against her ex-husband (Abuser).

Woman moves away to another city in the hopes of avoiding Abuser altogether.

Woman remarries and begins new life.

Abuser contacts police.

Abuser tells police that he has papers for Woman, but needs Woman’s address to get papers to her.

Police officer (Officer) locates Woman’s address in motor vehicle records …

Officer reportedly gives Woman’s address to Abuser.

Now armed with Woman’s address, Abuser allegedly sends Woman a note via a taxi to her home.

Abuser also allegedly makes threatening phone calls to Woman’s home.

All possible only because Officer gave out Woman’s address, to which Officer has access, for police business as a police officer, through motor vehicles records.

Woman and her husband sue Officer for allegedly handing Woman’s address over to Abuser.

Officer is found guilty of violating the Driver’s Privacy Protection Act.

Case is settled for $337,000, plus Woman’s attorney’s fees.

Officer is still on the police force.

But he was reprimanded for giving Woman’s address to Abuser, and possibly jeopardizing Woman’s life.

Imagine.

Minnesota Boy Removed from Parents’ Home for Two Years … But Without Termination of Parental Rights … Because Their First Child was Murdered … But the Murderer is Not Known

Janet Langjahr — Thu, 11 Jun 2009 03:43:49 +0000

Minnesota Boy removed from parents’ home and placed in foster care on a child welfare agency petition alleging that Boy needed protection or services.

Over two years later, still no resolution to Boy’s case.

Boy’s parents have had only supervised visitation with Boy since case began two years ago.

Why?

Boy’s parents’ first child died a death that was ruled a homicide.

But neither parent was ever charged in the death.

No one was charged in the death.

Reportedly because there was insufficient evidence as to which parent, or whether both parents acting together, were the aggressor. Or whether a third party was involved.

At a trial to terminate Boy’s parents’ parental rights, the court did in fact terminate their rights.

On appeal, the intermediate level appellate court reversed the termination due to insufficient evidence.

The Boy’s parents are now seeking his immediate return from foster care.

But the file has to come back from the appeals court first.

Then there is the hair-splitting question of whether the child protection investigation remains open, despite the reversal and closing of the termination of parental rights case.

Arguably an end run around the appeals court. Arguably not.

Two Nations Simultaneously Contemplating Signing the Hague Convention on the Civil Aspects of International Child Abduction

Janet Langjahr — Tue, 09 Jun 2009 03:57:45 +0000

The Hague Convention on the Civil Aspects of International Child Abduction, which determines which country has jurisdiction in international child custody disputes, appears to be enjoying something of a resurgence.

Two long holdouts against entering the Convention are reportedly … considering signing it.

Carefully …

First, there is Japan - where, even among Japanese couples, the parent awarded primary custody is, in essence, the sole parent and the other parent is shut out of their child’s life and parental kidnapping is a rejected concept.

More and more children of mixed Japanese heritage are being denied any access whatsoever to one of their parents where there is an international child custody dispute.

Then, there is Russia. From which country a Finnish diplomat recently allegedly removed a five year old boy of dual Russian / Finnish citizenship, illegally according to the Russian view.

Pilots Allegedly Divorce to Collect Pension Benefits … and Then Remarry

Janet Langjahr — Mon, 08 Jun 2009 03:54:55 +0000

Pension plans can be complicated things. Documented in thick manuals filled with arcane rules.

In the case of Continental Airlines’ pension plan, one such rule permits divorced, retired spouses to collect retirement benefits attributable to pilots still in active service.

Such pension benefits can amount to lump sums on the order of $1 million per spouse.

Continental alleges that nine of its pilots fraudulently divorced their spouses so that their spouses could collect their pension benefits early … and then, after receiving their benefits, each couple reportedly remarried.

The airline has sued the nine pilots.

Wedding Cakes: Move Over and Make Way for … Divorce Cakes

Janet Langjahr — Fri, 05 Jun 2009 23:45:53 +0000

A bakery in neighboring Broward County, Florida recently added a new treat to its menu: divorce cakes.

Divorce cakes help to “celebrate” - what else? - divorce.

Ironically, divorce cakes taste the same as wedding cakes.

But they look a little different.

The happy bride and groom atop the cake are substituted with the customer’s choice of:

a man and woman on separated sections of cake
a prison cell and the proverbial ball and chain - with the chain broken
a man taken out with the trash by the wife
a man sitting on a street curb
a woman about to push a man down a waterfall and
the “broken marriage” cemetery, filled with tombstones and an open casket containing a ring.

Some folks actually believe that eating a divorce cake provides more closure than a divorce trial or uncontested final divorce hearing.

Progressive? Advanced Study and Training in Child Abuse Emerges

Janet Langjahr — Thu, 04 Jun 2009 03:17:02 +0000

A new medical specialty emerges: child abuse pediatrics.

A physican can now study a concentrated curriculum and become board-certified in child abuse.

Unfortunately, there is much need for forensic experts in physical and sexual abuse of children.

Could the burn (or other inury) have been an accident?

Was the child sexually abused?

Forensic child abuse pediatrics holds the answers to these and many other equally disturbing questions.

Many suspected cases of child abuse are not borne out by forensics. They are likely either accidents or injuries resulting from unusual medical conditions.

These specialists will hold the keys to criminal prosecutions, removal of children from their homes, and child custody and timesharing decisions.

Unemployment Benefits Increasingly Stretched to Cover Child Support Obligations

Janet Langjahr — Wed, 03 Jun 2009 04:24:00 +0000

Child support is typically paid from the noncustodial parent’s salary.

In Asheville, North Carolina, that is no longer as true as it used to be.

Increasingly, child support is being funded by the noncustodial parent’s … unemployment benefits.

A noncustodial parent is three times as likely to pay support from unemployment benefits today than he or she was a year ago.

The amount of support funded by unemployment benefits across the state has grown from $2.4 million to $8.6 million over the last year.

Because unemployment benefits are generally lower than salary and, in North Carolina, garnishment of unemployment benefits is legally capped at twenty-five percent of the amount of benefits, the amount of child support received by custodial parents is down.

Many other communities across the country are likely seeing increasing amounts of child support obligations funded by unemployment benefits and severance packages.

Foster Care: It’s Really About Supporting and Reuniting Families…

Janet Langjahr — Mon, 01 Jun 2009 03:56:29 +0000

Sometimes people become foster parents when they are in search of children to adopt.

But, sometimes, they just want to help other families get through a difficult time and then reunite.

One Utah couple is in the latter category.

They actually mentor the parents whose children are in their foster care.

Some of their former foster kids, and their parents, visit them years later.

This couple has fostered thirty-two children over ten years.

In the part of Utah they live in, there are 356 foster families … for 630 children in foster care.

More than half of foster children are eventually reunited with their parents or placed with extended family members.

May is National Foster Care Month.

Justice Isn’t Cheap, Especially in British Columbia, Canada …

Janet Langjahr — Sun, 31 May 2009 04:19:50 +0000

In British Columbia, Canada, divorce and custody litigation - or, for that matter, any litigation - can be really expensive.

It’s not the legal fees, as some might leap to conclude.

It’s the court clerk fees, which are substantially higher than elsewhere in Canada.

A litigant must rent the courtroom.

That might run $15,000, payable in advance.

And then there is the cost of the jury.

That might run $25,000, also payable in advance.

And then there might be the cost of witnesses.

That might run another $15,000, also payable in advance.

Giving new meaning to the cliche, “justice isn’t cheap”…

Husband and Wife are from England, but have been living with Child in British Columbia, Canada.

When the marriage breaks down, Wife wants to take Child to live in Europe.

The Court rules that the Child should remain in British Columbia.

Wife is awarded transitional alimony.

At the ten day trial, both parties represent themselves.

At the end of it, Wife asks the Court to waive a court fee … of $3,600.

Chaos in the courtroom.

Wife was supposed to pay in advance.

Court will now consider whether British Columbian court fees are unconstitutional as impeding access to the courts.

There is some Canadian authority to support that conclusion.

Wife is unemployed, but not indigent.

Court wishes to hear from the Attorney General and stays payment of the fee until it does so.

Nebraska Allegedly Passes Statute So It Can Ignore Canadian Custody Orders … Nebraska Residents Don’t Like

Janet Langjahr — Sat, 30 May 2009 04:04:12 +0000

One might not think of a legal dispute over jurisdiction with our neighbor to the north as being an international jurisdiction battle.

But …

Canadian Husband and American Wife live in British Columbia.

Couple divorce.

Husband is awarded sole custody of Daughter by Canadian court.

Wife moves to Nebraska.

Husband and Wife work out timesharing and Wife has Daughter over much of the summer.

Then Wife accuses Husband of abusing Daughter.

Husband denies it, backed by a lie detector test and lack of criminal charges.

Wife retains Daughter and Husband doesn’t see her for two years.

Wife hasn’t been able to transfer jurisdiction from Canada to Nebraska, but neither has Nebraska honored the Canadian custody order and ordered that Daughter be returned to Husband.

Wife does succeed in getting Nebraska to pass legislation to the effect that Nebraska need not honor custody orders from outside the US.

One must speculate that the constitutionality of that statute will be tested soon.

Nebraska may have rejected the Hague Convention on the Civil Aspects of International Child Abduction.

Husband is pursuing political intervention by the Canadian government.

Some Canadians are concerned that it isn’t safe to allow visitation in the US anymore.

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

Janet Langjahr — Fri, 29 May 2009 04:03:46 +0000

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.

Global Positioning Devices Find Unexpected Use Protecting People Who Have Domestic Violence Restraining Orders against Their Abusers

Janet Langjahr — Thu, 28 May 2009 03:58:01 +0000

Injunctions for Protection against Domestic Violence. Orders of Protection. A rose by any other name.

Court orders all. Literally, pieces of paper.

According to a Justice Department study, more than 3 million people are stalked in a single year.

In Massachusetts, one-quarter of all restraining orders in effect each year are violated. Twenty-five percent.

It is reported that one-quarter of domestic homicide victims in Massachusetts had orders of protection in place against their murderers. Twenty-five percent.

One domestic violence victim insists her abuser violated the restraining order she had against him thirty times over four years. Thirty times.

These are the reasons why a growing number of states are putting teeth behind those pieces of paper called injunctions for protection against domestic violence …

Global positioning devices, worn by violators of restraining orders against them.

The devices serve to prove where the abuser was and, even more importantly, notify police when the abuser is somewhere he or she is not supposed to be under the terms of the restraining order against them.

So far, twelve states are using global positioning technology to enforce orders of protection, with some 5,000 abusers wearing the devices.

Both numbers will likely rise in time.

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

Janet Langjahr — Tue, 26 May 2009 03:56:33 +0000

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.

Despite History and Threats of Further Domestic Violence, British Wife Who Fled to Australia Seeking Safety is Ordered to Return Children to England for Custody Determination

Janet Langjahr — Mon, 25 May 2009 03:57:38 +0000

Husband is convicted of sexually assaulting Wife.

Wife is terrified that Husband will kill her.

Husband allegedly threatens to dismember her.

Wife flees to Australia with their two Children.

But the Australian courts rule that England has child custody jurisdiction under the Hague Convention on the Civil Aspects of International Child Abduction.

Wife returns to England with Children.

Police are summoned to intervene in domestic clashes several times.

Police give Wife a “panic alarm”.

About a year after Wife’s return, Husband allegedly drags her from a car and stabs her to death … in front of her own mother and their Children.

Just a few hours after she begged British police for protection.

While she was in the midst of trying to flee from Husband again.

Husband is convicted of murder.

He will serve at least eighteen years in confinement.

Going Through a Stressful Divorce? Go Break Stuff …. Somewhere Appropriate, Of Course

Janet Langjahr — Sun, 24 May 2009 04:19:48 +0000

It is almost cliche that divorce is one of the most stressful events in a person’s life.

It certainly was for a California veterinarian.

She channeled her stress productively though.

She fantasized about a haven where she could break things.

And, born of her fantasy came … Sarah’s Smash Shack.

A place where angry or stressed folks - or anyone else - can go to smash plates, vases and other stuff, against walls.

Safely.

To the accompaniment of their favorite music.

And they actually pay for the pleasure of doing this damage to someone else’s stuff.

Alabama Petitions for Orders of Protection Go High Tech

Janet Langjahr — Sat, 23 May 2009 04:06:40 +0000

Alabama takes domestic violence seriously, with a progessive new infrastructure.

Now, victims of domestic violence can prepare their petitions for an injunction for protection against domestic violence on any internet-connected computer.

From there, the data in the petition is electronically transmitted via the internet to law enforcement.

When domestic violence victims arrive at the courthouse, they can simply print out their waiting petitions for orders of protection and sign them.

Then the information will be electronically transmitted to the domestic violence judge on duty.

One of the communities where the new system will launch typically enters 25 injunctions for protection against domestic violence per week.

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

Janet Langjahr — Fri, 22 May 2009 03:19:53 +0000

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.

Detroit Judge: Guilty of Criminal Non-Payment of Support! You are Hereby Sentenced to … Watch Daytime Television Talk Shows

Janet Langjahr — Thu, 21 May 2009 04:03:12 +0000

In Detroit, felony non-payment of child support is truly at the noncustodial parent’s peril.

The punishment for criminal non-support includes … court-ordered television.

Really.

A Detroit criminal court judge requires monthly viewing of a daytime television talk show as a condition of probation for felony non-payment of support.

The show reportedly focuses on paternity-related disputes with some frequency, and paints the proverbial “deadbeat dads” unfavorably.

The judge also requires the convicted parent to review and discuss the program with their probation officer.

Since beginning this practice, the judge has been a guest on the television program.

And the show’s host is a fan of the judge.

Presumably, the court-ordered TV is not the only punishment meted out in this judge’s courtroom for criminal non-payment of child support.

A North Carolina County Reduces the Need for Foster Care Through Preventative, Early Intervention

Janet Langjahr — Wed, 20 May 2009 03:50:47 +0000

In one North Carolina county, the number of children in foster care has gone down, pretty dramatically, over the last several years.

How did they accomplish it?

The child welfare agency there has been experimenting with several preventative, early intervention programs, using government and charitable funds grants.

Each program or service has a different focus, such as:

maintaining the involvement of fathers in their children’s lives
assigning a nurse to each new mother during her baby’s first two years
promoting relationships between parents and extended family members
offering therapeutic foster care services, to train and support parents of children with special needs
placing removed children with extended family members rather than in foster care with strangers

Between 2002 and 2009, the number of children in foster care in this North Carolina county shrank from 573 to 396.

The New Way to Settle An Argument with Your Spouse in Florida: Taser Gun

Janet Langjahr — Tue, 19 May 2009 03:42:27 +0000

Central Florida Husband and Wife, a nurse, are going through a divorce three years into their marriage.

Wife reportedly enters Husband’s home to collect things, expecting him to be away.

Husband drives a truck, and had previously purchased a taser gun, reportedly for protection from Wife (and, possibly, others, while on the road on his truck).

Husband returns.

Couple argue.

Wife allegedly punches Husband in nose.

Husband shoots Wife with his taser gun, allegedly in self-defense and to stop her from getting a kitchen knife.

Wife is arrested for battery.

Husband is not arrested.

Older Brother Seeks Custody of Younger Brothers Amidst Parents’ Custody Battle Which Escalates into Court-Ordered Treatment for Parental Alienation, Months of Foster Care and Court’s No Contact Order with Older Brother and Father, All Against Psychiatrist’s Recommendation

Janet Langjahr — Mon, 18 May 2009 04:29:42 +0000

Canadian Husband and Wife separate and later divorce.

Wife gets custody of their three Boys, who are all close with each other.

About 10 years after Husband and Wife’s separation, Boys choose to move in with Husband. Boys are about 10, 12 and 17 years old at that time.

Boys allege that Wife is physically and verbally abusive toward them.

Wife insists Husband has alienated the Boys from her. For what it’s worth, a social worker agrees.

The oldest boy reaches 18 years of age.

The trial court orders the two younger boys into treatment for parental alienation.

The boys reportedly resist the “treatment”. Sometimes referred to as “deprogramming”.

The two younger boys are placed in foster care.

Psychiatrist concludes the boys have no psychiatric disorder, recommends suspending treatment for alienation, and recommends resuming contact between the younger boys, their older brother and Husband.

Court disregards psychiatrist’s professional opinion, orders that younger boys continue treatment for alienation and continues to bar contact with older brother and Husband.

Five months later, the two younger boys remain in foster care.

With case in limbo and contact between brothers still prohibited, older brother decides to seek custody of his younger brothers.

The court holds that the older brother has standing.

Predictably, Wife appeals.

Florida Husband Avoids Paying Alimony By Moving to Indonesia Until … Invited to a Florida Wedding

Janet Langjahr — Sun, 17 May 2009 03:51:44 +0000

Florida Husband and Wife divorce.

Husband is ordered to pay Wife alimony.

Husband moves to Indonesia.

Husband allegedly stops paying support.

Indonesia apparently does not honor or enforce US court orders on support.

Husband’s support arrears are reportedly close to $200,000.

Husband returns to US to attend a wedding.

Husband is arrested.

Husband is held without bail.

Contempt of Court: It’s Not Reserved Just for Criminal Types

Janet Langjahr — Sat, 16 May 2009 04:06:34 +0000

Seventy year old New Mexico Father is behind on child support, to the tune of $13,500.

Father is held in contempt of court.

As punishment for his contempt, Father is sentenced to up to three months of incarceration.

Who is the insolent Father who appears to have no respect for the Court’s child support order or the law?

None other than a former municipal court judge.

Who was reportedly also previously accused of sexual harassment by three court clerks.

Repeat International Abductions Between France and Former Soviet Union … And Understanding Father Still Favors Timesharing for Mother Abroad

Janet Langjahr — Fri, 15 May 2009 04:56:09 +0000

Russian Mother and French Father divorce in France, where they have been living.

French court awards custody of their then 1 year old Child to Father.

Mother returns to former Soviet Union.

Child is reportedly abducted back and forth multiple times over last two years since divorce, most recently allegedly by Mother, to former Soviet Union.

During a previous abduction, Child did not see Father for 10 months and knew Mother’s new partner as her father.

What of the future?

Father opposes sharing joint legal custody with Mother but is not opposed to Mother having two months’ (or even equal) timesharing with Child in the former Soviet Union … as long as the Child’s return to France is guaranteed, he has ongoing video and phone contact with Child while she is in the former Soviet Union and Child attends a French-speaking school.

Meanwhile, Mother is under arrest and being detained in Hungary for up to 40 days pending a request for extradition from France.

But Father does not want to see Mother jailed for kidnapping Child.

Military Father Takes Baby From Mother and Then Baby Dies of Blunt Force Trauma While With Him

Janet Langjahr — Thu, 14 May 2009 03:28:24 +0000

Mother and Father have Baby.

Mother lives in North Carolina with Baby.

Father, a member of the armed forces, removes Baby and brings Baby to live with him on base in California.

Implication is that Baby may be at risk with Mother.

There is no information as to whether a court ever determined custody or whether Mother ever sought Baby’s return.

Some time later, seven month old Baby dies while in Father’s care.

Of blunt force trauma to head and abdomen.

Father arrested for child abuse causing death.

Father faces a maximum sentence of life in prison.

Mexican Born Mother Allegedly Removes American Children From Father in Georgia and Takes Them to Mexico

Janet Langjahr — Tue, 12 May 2009 03:30:03 +0000

Georgia Mother and Father separate.

Mother reports Father for child abuse.

Mother’s allegations are determined to be unfounded.

Father is awarded sole custody of their two Children in divorce.

While she has visitation with the Children, Mother reportedly flees.

First to Texas, where she has relatives.

And again reports Father for child abuse.

Texas authorities decline to take Mother into custody despite knowing of arrest warrant.

Then, allegedly, to Mexico, where she is from.

Authorities are looking for Mother in connection with federal charges of international parental kidnapping and unlawful flight to avoid prosecution and state charges of felony interference with child custody.

If caught and convicted, Mother faces incarceration for up to five years.

Adoptive Mothers Wish the Birth Mothers of Their Children Happy Mother’s Day

Janet Langjahr — Mon, 11 May 2009 04:42:27 +0000

Today, mothers celebrate Mother’s Day with their children.

A foster mother and adoptive mother is among them.

While she is celebrating Mother’s Day, she also celebrates the selflessness of the birth mothers of her adopted children.

And she wishes those birth mothers a Happy Mother’s Day as well.

Nebraska Activists Push for Presumption of Equal Timesharing by Both Parents

Janet Langjahr — Sun, 10 May 2009 04:02:50 +0000

Some Nebraska legislators are working to change the state’s child custody laws.

Current law is couched in terms of the best interests of the children.

But some say that test leads to conflict … and the court unnecessarily inquiring into which parent is the better parent.

Advocates for changing the law contend that current law almost always translates into the mother being awarded primary custody in Nebraska.

Proposed legislation would presume that both parents are equally fit and presume that both parents should have equal decision-making and equal timesharing with their children.

That means that if one parent is not fit for equal timesharing, the burden is on the other parent to prove it, sometimes by clear and convincing evidence. Almost as tough as proving beyond a reasonable doubt, the state’s burden in criminal cases.

Proponents of the bill favor both parents being able to share their children.

The proposed legislation is not expected to pass anytime soon.

Although fathers’ rights groups tend to favor such legislation, advocates against domestic violence maintain that such laws too often place children in the custody of abusers.

This same battle is or has been fought in a number of other states.