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  #16  
Old 05-05-2005, 02:33 PM
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Originally Posted by irishgrl
visitation can be supervised by professionals, or by private parties(usually family members). Professionals follow established judicial guidelines with respect to sexual abuse and dont allow lap sitting, picture taking, hair combing, private conversations, no accompanying the child to the bathroom or changing their clothes etc.....they charge a fee for this service. The agency that WAS doing the service had a sliding scale fee based on our combined incomes (puts us in the $60/hr bracket), which is then divided in half....... but since the ex makes $1000-$1500 more per month than I do, it is unfairly weighted against me. MY half (at $30/hr) comes to $600 month (total of 20 hours divided by 4 days The Judge ordered me to pay this fee (normally the custodial parent doesnt have to pay) when I brought forth evidence of abuse.

That Judge needs to be defrocked and I wish I knew how...Im considering writing a complaint to the Grand Jury but my mom is afraid it might work against me if I do that before my case is over....
Jesus. Reading this is bending my brain, I do NOT understand. I can't believe you are being put through this sh*t.

What happens if you refuse to pay?
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  #17  
Old 05-05-2005, 08:03 PM
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Jesus. Reading this is bending my brain, I do NOT understand. I can't believe you are being put through this sh*t.

What happens if you refuse to pay?
Ive heard stories of mothers losing their homes, hocking everything they have and going bankrupt trying to pay attorneys, or other unfair costs (such as my having to pay supervised visitation fees)...no one CARES if the caretaker parent is put in a financial bind. In fact, thats the whole point. Many times, the opposition does their best to postpone and postpone in an effort to run up the mother's attorney's fees, and this happens far too often and no one seems to think about the fact that the ONE person putting a roof over the child's head is destroyed merely because she had the NERVE to report abuse.

(remember, I am not talking about cases where the parents are able to come to an agreement on their own. and it DOES happen, But I'd bet $$$ that there arent any abusers in THOSE cases. Or else, there is an absent parent who just doesnt care, and really, after what I've been thru, I'd consider an absent parent a BLESSING)

Last edited by irishgrl; 05-05-2005 at 08:06 PM..
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  #18  
Old 05-05-2005, 09:34 PM
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Ive heard stories of mothers losing their homes, hocking everything they have and going bankrupt trying to pay attorneys, or other unfair costs (such as my having to pay supervised visitation fees)...no one CARES if the caretaker parent is put in a financial bind. In fact, thats the whole point. Many times, the opposition does their best to postpone and postpone in an effort to run up the mother's attorney's fees, and this happens far too often and no one seems to think about the fact that the ONE person putting a roof over the child's head is destroyed merely because she had the NERVE to report abuse.

(remember, I am not talking about cases where the parents are able to come to an agreement on their own. and it DOES happen, But I'd bet $$$ that there arent any abusers in THOSE cases. Or else, there is an absent parent who just doesnt care, and really, after what I've been thru, I'd consider an absent parent a BLESSING)
This is really sad, and evil. You are a strong lady.
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Old 05-05-2005, 09:51 PM
Lux
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  #19  
Old 05-05-2005, 10:08 PM
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So unless you pay half for the professional supervisor it would have to be a private supervisor? Would you yourself get to pick who it be? It's seems more risky in the sense that it's not as threatening to them, like can they really reinforce those rules upon another adult unless they're in a professional position to? Perhaps, depending on the person I guess. Obviously you've thought all this through many times for your own case.
to tell the truth, I dont know what would happen if I didnt pay...Im sure I would be sent to collections which would impact my credit score at the very least. As for the merits of professional vs private, Professional Supervisors are REQUIRED to follow the Judicial guidelines for visits, which is FAR safer for the child and keeps an eye on the visiting parent to make sure nothing shady occurs. Unfortunately, I cant afford the fees so I dont know what will happen. I dont have family I can call on to help me really, my oldest daughter is working two jobs and cant help, and the other one's life is too much of a mess tho she loves her brother and would do her best, she isnt savvy enuff about what the father is or is NOT allowed to do during visits.

Awhile back, the father's parents did the supervising (over my objections) and they allowed the father to give my son a shower, he wasnt even in "line of sight" which is a bare minimum requirement for supervision, so you can see the problems with having non professionals do the duty. I actually had to go to the DA's office to get an order preventing any further visits and then I had to go to court to have the Judge order these folks to do a better job. To make matters worse, the father's parents are in denial about their son, they refuse to accept that he is a molester therefore they werent vigilant enuff.

Just to give you an idea of how bad this is, ordinarily, the custodial parent doesnt have to pay any fees, but in MY case, the Judge who had allowed UNSUPERVISED visits, blew his STACK (I kid you not, my daughter heard the Judge cussing and yelling all the way in the courtroom and he was in his CHAMBERS!) and because I showed him what a mistake he made, he punished me. Judges HATE HATE HATE to be shown they are wrong. you cant argue with them you cant sue them, they have ALL the power. and MY Judge used his power to punish me. As the parent, I am duty bound to protect, I HAD to call attention to the abuse. So, I pay the price.
So, yes, I do my best to advocate for law change, I wish there was a way to make Judges more accountable....I see the ABA has created a newer, more flexible Judicial evaluation system which may more effectively hold Judges' feet to the fire.... I sure hope so anyway

Last edited by irishgrl; 05-05-2005 at 10:17 PM..
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  #20  
Old 05-05-2005, 10:14 PM
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This is really sad, and evil. You are a strong lady.
Thank you for that...I just put one foot in front of the other and kiss my boy's head bunches and bunches and let him know every minute just how precious he is to me. He is my Angel boy There are lots and lots of children and moms crying out there, its a National tragedy, a disgrace. I hope the young people of today can turn things around and make better laws and decisions. People like YOU guys, who give a sh*t, who are aware and sensitive, and active. YOU are the hope of the world

Last edited by irishgrl; 05-05-2005 at 10:26 PM..
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Old 05-05-2005, 10:31 PM
Lux
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  #21  
Old 05-05-2005, 11:16 PM
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I just don't understand how the treatment for family members can be so lenient. Most of this occurs between someone known to the child and that site you linked to quoted 50% of it occurs in the home. Not to imply it's any better coming from a stranger but atleast that would be a random event, not as likely to be repeated by the offender on the child. It doesn't take a genius to figure out that within a home, it's not likely to be a one-off event, which you'd think would steer towards stricter treatment. If it were really severe, worthy of a considerable prison sentence (worthy of it atleast), would this visitation still apply once they were released? Paedophiles who have a history of attacking within the community, upon release are specifically barred from contact with schools etc. and the community is notified of their location. If a paedophile who attacked within the family is released, would they be allowed this visitation with the victim?
Lux, the reason the penalties are less severe at present is because father's rights groups have powerful lobbyists. Men will stop at nothing to keep the power they have. Women are a threat to that power and one of the easiest ways to bring a woman low is thru her children. I have an article I want you all to read, it is a real eye opener:

Biased Family Court System Hurts Mothers
Run Date: 09/05/01
By Garland Waller
WEnews contributor

Behind closed doors of the family court system, thousands of women each year lose child custody to violent men who beat and abuse mothers and children. The writer says family courts are not family-friendly and betray the best interests of the child.

Editor's Note: The following is a commentary. The opinions expressed are those of the author and not necessarily the views of Women's Enews or NOW Legal Defense and Education Fund.

Commentator Garland Waller

(WOMENSENEWS)--Studies show that in approximately 70 percent of challenged cases, battering parents have been able to convince authorities during custody battles that their victim is unfit or undeserving of sole custody, according to a recent report published by the American Judges Foundation.

That statement would have once shocked me, but no more. Nor am I surprised when I read that a family court judge has awarded custody of a 3-year-old girl to the father who has violently beaten her mother. I do not even lift an eyebrow when a 2-year-old boy, who comes home from unsupervised visitation with his dad, has a diaper filled with his own rectal blood and that same child is later turned over to his father on a full-time basis. And when a mother is thrown into jail, denied the right to ever see her children again, because she brought up the issue of child abuse in a family court, I'm sickened, but not shocked.

These injustices are commonplace today in the closed-door family court system. These courts often claim to operate in a manner consistent with the "best interests of the child." In practice this often means that a judge, often a male judge, biased and imperious, defines that phrase. These judges decide, time and time again, when a woman raises the allegation of sexual abuse in a custody dispute, that it is she who will lose her children forever.

I used to think that the family court system was basically fair. That was before my childhood friend, Diane Hofheimer, asked me to consider doing a documentary on the family courts. She had taught herself the law so that she could work with her attorney husband, Charlie Hofheimer, in their Virginia law practice.
Thousands of Mothers Lose Their Children to Abusive Fathers

Representing only women in divorce and custody cases, Diane and Charlie began my education with one grisly case. I thought it was a fluke, but I agreed to look at some of the legal documents. And so began my journey into the dark world of family courts.

What I learned was that thousands of women are losing custody of their children to men with histories of violence and sexual abuse. Sure, these cases are complicated, but it doesn't take a legal genius to figure out that it's not good for kids to watch daddy break mommy's jaw. Research shows a high correlation between domestic violence and child sexual abuse.

Garland Waller Says: We need a real overhaul, but let's start with some basics:

* Open the courtrooms to the public and make judges accountable for their rulings.




* Get rid of the "best interests of the child" as the standard for custody and replace it with a new concept called the "approximation standard." That means that the judge should try to approximate the same setup for the children that existed before the divorce. If mom was with the kids 70 percent of the time before the divorce, she would be with them 70 percent of the time after the divorce. In non-contested custody cases, the mother and father generally agree to this on their own.




* Most significantly, the allegation of child abuse in a custody battle must be considered a rebuttable presumption, that is, that the sworn testimony of a parent or child claiming abuse is presumed to be true unless and until the accused sufficiently challenges its veracity.



"We have created a system that purports to be a gatekeeper--keeping victims from victimizers--but the system is really the welcome mat for victimizers to have access to the victims," says Richard Ducote, a nationally recognized child advocate and attorney. He adds that there has been virtually no change in the process during the past two decades.

In fact, a pilot study in the early 1990s by the California Protective Parent Association and Mothers of Lost Children found that 91 percent of fathers who were identified by their children as perpetrators of sexual abuse received full or partial unsupervised custody of the children and that in 54 percent of cases the non-abusing mother was placed on supervised visitation.

One primary reason for what many consider a disastrous outcome, Ducote and other experts say, is the popularity of the theories of Dr. Richard Gardner, whose ideas are apparently more persuasive to judges than the testimony of battered women and victimized children.

Gardner's brainchild is Parental Alienation Syndrome. This is the name given for the practice of one parent saying disparaging things about the other parent in an attempt to alienate the child from the ex-spouse. This so-called syndrome is based on anecdotal evidence. Gardner's books on the subject are self-published, something that should give judges and experts pause, even though he does look good on paper.

He's a professor at Columbia Medical School and has been publishing papers for two decades. Fathers' rights groups love him.

Not addressed by Dr. Gardner and his adherents are what a mother should say to a child raped by her father. They merely discount all such allegations as examples of parental alienation syndrome, or some variation of it under a different name such as SAID (Sexual Allegations in Divorce) Syndrome, Malicious Mother Syndrome or some other fabricated condition.

These experts are certainly free to believe whatever they wish to, but much to the harm of thousands of children and their caring, protective parents, these ideas have been accepted by personnel in most of the family courts in the country: the judges, court-appointed lawyers charged with protecting the child's interests, and custody evaluators such as psychologists and social workers.

In essentially every case in which courts place children with abusers, despite substantial evidence of sexual abuse or domestic violence and no evidence of fabrication on the protecting parent's part, it is the parental alienation syndrome that is used by the judge, the evaluator or the child's lawyer to ignore and discount the abuse evidence and to wrongfully construe all of the child's symptoms as evidence of alienation.
Parental Alienation Syndrome Used to Wrongly Blame Mothers

My colleague Hofheimer is convinced that the so-called syndrome is to psychology what voodoo is to surgery.

"What would a good mother do," I asked Dr. Gardner two years ago when interviewing him for the documentary, "if her child told her of sexual abuse by his or her father."

His answer: "What would she say? Don't you say that about your father. If you do, I'll beat you."

That's on tape and I have a signed release.

In researching my documentary, I have met many honest, caring and courageous mothers who, for speaking the truth, have been publicly called crazy, hysterical and delusional, and labeled with all kinds of pseudo-disorders for being strong and for fighting for the safety of their children.

Yet some of them have been nearly broken by the family court system, and the damage to their children is immeasurable. We must act now to begin reforming our family courts.

Garland Waller is an assistant professor in the Television Department at Boston University's College of Communication. She has produced more than 10 award-winning documentaries.
For more information:

Diane Hofheimer and Charlie Hofheimer:
http://www.virginiadivorceattorney.com/

Divorced From Justice:
http://divorcedfromjustice.com/home.html

California Protective Parents Association:
http://www.protectiveparents.com/

Family Law Courts.com:
http://www.familylawcourts.com/statenewyork.html

Stop Family Violence:
http://www.stopfamilyviolence.org/

"Domestic Violence and the Courtroom: Understanding the Problem ... Knowing the Victim," American Judges Association and American Judges Foundation:
http://aja.ncsc.dni.us/domviol/booklet.html

"Small Justice: Little Justice in America's Family Courts," award-winning documentary by Garland Waller:
http://www.smalljustice.com/


Copyright 2003 Women's eNews Inc.


(note: I am proud to say I am affiliated with California Protective Parents Association, Justice for Children, and PROTECT)

Last edited by irishgrl; 05-05-2005 at 11:20 PM..
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  #22  
Old 05-06-2005, 06:27 AM
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Quote:
Originally Posted by Lux
I just don't understand how the treatment for family members can be so lenient. Most of this occurs between someone known to the child and that site you linked to quoted 50% of it occurs in the home. Not to imply it's any better coming from a stranger but atleast that would be a random event, not as likely to be repeated by the offender on the child. It doesn't take a genius to figure out that within a home, it's not likely to be a one-off event, which you'd think would steer towards stricter treatment. If it were really severe, worthy of a considerable prison sentence (worthy of it atleast), would this visitation still apply once they were released? Paedophiles who have a history of attacking within the community, upon release are specifically barred from contact with schools etc. and the community is notified of their location. If a paedophile who attacked within the family is released, would they be allowed this visitation with the victim?
the short answer is: yes
sick isnt it?
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Old 05-06-2005, 06:43 AM
irishgrl
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