Examining Judicial Accountability and Immunity in the Family Courts ~~ Florida"s 11th Judicial Circuit

8 News NOW

Exposing Family Court Judges' Unaccountability and Consequent Riskless Wrongdoing

Intentional Infliction of Emotional Distress

The first case to recognize a non-custodial parent’s cause of action based on the tort of intentional infliction of emotional distress was Sheltra V. Smith, 392 A. 2d 431 (Vt. 1978). In this case, the non-custodial parent brought suit for damages alleging that:

“defendant willfully, maliciously, intentionally, and outrageously inflicted extreme mental suffering and acute mental distress on the plaintiff, by willfully, maliciously, and outrageously rendering it impossible for any personal contact or other communication to take place between the (plaintiff and child).”  ~Id. at 433.

The Superior Court, Caledonia County, dismissed the complaint for failure to state of cause of action on which relief could be granted. The Supreme Court of Vermont, however, found that the plaintiff stated a prima facie case for outrageous conduct causing severe...

False allegations of abuse are grounds for losing timesharing.

Court says: Grandparents' false allegations of abuse grounds for losing visitation

CHARLESTON – The state Supreme Court has ruled a family court judge erred in not terminating an Elkview couple's visitation rights with their grandson after they falsely accused his adoptive father of abusing him.

The Court on April 14 overruled a decision by Kanawha Family Law Judge Mike Kelly denying a petition filed by Warren Lee and Melissa Arnold to terminate visitation by Melissa's former in-laws, Robin and Janet Lyons, with her son, Jon. In an unanimous memorandum opinion, the Court said the Lyons' attempt to not only halt Warren's adoption of Jon, but also coaching Jon to say Warren abused him was more than sufficient grounds for Kelly to grant the Arnold's petition.

"While a best interests analysis will necessarily include an assessment of the bond and the relationship developed between the child and the grandparents," the Court said, "we disagree with the lower court's determination that the relationship between Jon and his grandparents is of a beneficial nature to Jon under the circumstances present here."

"The particular facts of this case, including the vicious nature of the grandparents' actions to forestall Jon's adoption proceedings, as well as their baseless pursuit of abuse allegations against Jon's adoptive father, illustrate a relationship in constant conflict with that of Jon's parents."

Rocky relationship

According to court records, Melissa was married to the Lyons' son, Jonathon, until 2000. Shortly after their divorce, Jonathon died in a car wreck.

Following her marriage to Warren in 2003, she moved with Jon to Spencer. Two years later, Warren, despite the Lyons' objections, successfully petitioned to adopt Jon.

Prior to Melissa's marriage to Warren, records show she agreed to allow Jon to visit the Lyons. The visitation included at least one overnight stay a month, four hours on Thanksgiving Day and nine hours on Christmas Eve and Dec. 26.

Warren's adoption of Jon became a source of friction between the Arnolds and the Lyons to the point where the Lyons accused him of severely bruising Jon with a belt buckle. Records show Warren was arrested on Dec. 20, 2007, and charged by State Police with felony child abuse.

Three days later, Robin Lyons filed a domestic violence protective order on Jon's behalf against Warren. Records show Kelly granted the order on Jan. 2, 2008, which barred Warren from having any contact with Jon for 90 days.

The same day Kanawha Family Law Judge Jane Charnock Smallridge granted a writ of habeas corpus Melissa filed for Jon's return from the Lyons' custody. Due to the protective order, Warren had to live elsewhere until April 2008.

A month later the child abuse charge was dropped at the request of Roane County Prosecutor Mark Sergent. In his motion for dismissal, Sergent said, "Further investigation and disclosures revealed the charge is likely baseless."

Following his return to Melissa's custody, records show Jon was interviewed by Dr. Timothy Saar, a Charleston psychologist. In the report he issued in July 2008, Saar found that not only did Jon's bruise come from vigorously playing air hockey at a friend's house, but the Lyons also "forced him to lie to the police and report that his father had hit him."

"Jon was coached by his grandparents into accusing his father of abusing him," Saar concluded in his report. "The manipulation of this cognitively impaired child by his grandparents should be considered emotional abuse and should call into question the [grandparents'] ability to care for this child."

Reversal

Armed with this information, the Arnolds on Dec. 5, 2008, petitioned Kelly to terminate the Lyons' visitation rights. In the course of two hearings, he took testimony from Ashley Hunt, one of Saar's interns, and Charleston attorney Jeff Woods, who was appointed as Jon's guardian ad litem, that based on their interviews with Jon it would not be a good idea for him to stop visiting the Lyons.

Despite also hearing from Saar during one of the hearings, who stood by his assessment that the Lyons' attempt to alienate Jon from Warren was psychologically damaging, Kelly concurred with Hunt's and Woods' recommendation "it would not be in Jon's best interest to terminate his time with his paternal grandparents" and denied the Arnold's petition on Nov. 13, 2009. Records show an appeal they filed of Kelly's decision to Kanawha Circuit Court was upheld by Judge Tod J. Kaufman on Dec. 16, 2009.

In reversing Kelly's decision, the Court said "while it is undisputed that Jon loves his grandparents and that he enjoys his time with them," their interference with the Arnold's parental decisions has created a toxic relationship between them. Because of that, the Court determined Jon's interests are best served by the Lyons forfeiting future visitation with him.

"The family court found," the Court said, "and the circuit court affirmed, 'as fact that it would not be in Jon's best interest to terminate his time with his paternal grandparents.' We find this assertion to be clearly wrong in light of the testimony of Dr. Saar, and in light of the visitation's interference with the parent-child relationship."

"It is clear that Dr. Saar testified that it was in the best interests of Jon to terminate his visitation with his grandparents and that nothing had happened to change his initial conclusions," the Court added. "We agree with Dr. Saar that such an environment is psychologically damaging to Jon and, therefore, it is in Jon's best interests to terminate grandparent visitation."

In the appeal, the Arnolds were represented by Charleston attorney Dennis R. Bailey, and the Lyons by Charles L. "Dusty" Phalen Jr., also of Charleston, and a former family lawmaster.

West Virginia Supreme Court of Appeals case number 35679

Fathers are as crucial to a child’s well being as a mother

False Allegations Can Terminate Rights

For reasons I’ve never understood, courts have always been loath to punish these exercises in blatant perjury. Well, now they don’t have to. Simple recognition that false allegations that tend to separate a child from a loving and fit parent themselves constitute a form of child abuse will go a long way toward better custody decisions and in the end fewer false allegations of abuse.

Posted by Children's Rights on Tuesday, October 13, 2015

Family Law Lawyers Screened For Empathy

Prominent L.A. Attorney Says Future Lawyers Should Be Screened and Trained for Empathy

Increasingly we are entering an era where future lawyers should be screened and trained for empathy!

LOS ANGELES, Sept. 2, 2015 /PRNewswire/ -- Baer, an award-winning attorney and mediator in practice since 1991, notes, "Those who tend to be attracted to law school in the first place tend to be logical thinkers (rule oriented) and have low EQ levels. Moreover, the research indicates that the training students receive in law school also causes an 'erosion of empathy.' Furthermore, the more empathic students tend to drop out of law school at a much higher rate. 

Moreover, lawyers with 'higher level of resilience, empathy, initiative and sociability' are more likely to leave law practice than those with lower levels of those traits."

Baer claims this root problem is causing significant problems for society.

"Law schools must begin recognizing the damage that is being caused to interpersonal relationships and our overall society, due to the low EQ levels of those involved in the field of law and make a concerted effort to address this extremely serious problem. Law schools might learn a thing or two from the changes taking place in the education of future physicians," said Baer.

He then showed how a quote written about changes under consideration with regard to the medical field could apply equally well to the legal field with a few minor changes. The quote with his changes in brackets is as follows: It would benefit everyone if "leaders [in the legal field began] exploring ways to infuse more empathy into the [legal] field. That includes re-evaluating the criteria for who should get admitted to [law] school in the first place, and what they should learn while they're there. Their reforms [should] raise questions about what constitutes quality [legal] care, how (and whether) it can be trained, and how much change is even possible in the American [legal] system today."

To speak with Mark Baer,

Please contact: Aurora DeRose (310) 396-6090 – Aurora411@TimeWire.net.

Prominent L.A. Attorney Says Future Lawyers Should Be Screened and Trained for... -- LOS ANGELES, Sept. 2, 2015 /PRNewswire/ --

Equal Rights For BOTH Parents!

Buy a shirt and fund the attorney we just found in Florida to argue 

Declaratory Judgment and destroy the unconstitutional practices in family courts

The money raised in this booster will go towards helping each state file a declaratory judgment to stop the unconstitutional practices in the family courts. The first portion of this month's campaign will be designated for the filing fees in Sarasota, Florida. If there are overages the extra will go into the nonprofit "Keeping Families Intact." Wear one of these shirts proudly knowing that you are part of the solution!

No More Jim Crow Family Courts - Defeating one state at a time!

Parents have been struggling far too long through the family courts. Both the parents and children are being abused and taken advantage of. It is too expensive and difficult for parents to fight this. And the time it takes to fight it causes the destruction of their relationships with their children, has cost many their health as well as some their lives.

Organized by: Sherry Palmer

A Collection of Family Court Stories - FCLU

Post by Families Civil Liberties Union www.fclu.org.

BEWARE OF YOUR BANK ACCOUNT
AND YOUR CHILDREN'S HEALTH & FUTURE

A COLLECTION OF CURRENT FAMILY COURT STORIES

SHORT STORIES OF "FAMILY" COURT CORRUPTION & EXTORTION

BEWARE OF YOUR BANK ACCOUNT AND YOUR CHILDREN'S HEALTH & FUTURE A COLLECTION OF CURRENT FAMILY COURT STORIES By Irwin R. Eisenstein, MBA, JD Ironstone44@gmail.com Our  divorce started in 1991, and finally ended in 2009.  During that time I filed complaints against lawyers and judges for violating numerous laws and civil rights.  The fraudulent acts, perjury and abuses within the divorce system were rampant.  After going through the divorce, I could understand how all people can be skeptical about the entire legal system. Rather than talk about issues within the system that you must know are broken, let me list some ways that you can use to improve the system. Allow complaints against lawyers while an action is ongoing.  Now, the rules of the bar ethics committees usually will not pursue complaints while an action is ongoing and this only encourages lawyers to continue to violate RPC.  When there are children and child support, actions go on for years and the abuses by lawyers continue.   Take the review of lawyers conduct away from members of the legal profession who do not police themselves adequately.  I understand that there may be non-lawyers on the evaluation committee, but not a majority (use lawyers as advisors only.)   The same type of reviews and standards should be allowed against judges.  Now, judges have almost absolute immunity.  In those actions where judges can be sued, the actions are usually dismissed by other judges.  I have observed judges act improperly and wagered with several other law students (at the time) that if I sat within a judges hearings for two weeks, I would find at least one violation of rules, cannons, law or behavior.  I made that offer to one student whose father was a judge, and he refused to take up the wager.   Pass a law that will eliminate judicial immunity for other than executive, administrative, and legislative functions.  The precursor of the civil rights laws (42 USC § 1983)   allowed laws to be applied against judges (See the U.S. Supreme Court case Ex Parte Virginia – where a judge was jailed for excluding blacks from a jury.).  Rotate judges out of specific courts with some exceptions.  When judges and lawyers become familiar and friendly, abuses occur.   I have not mentioned any particular judges but have observed several who have knowingly violated rules and law.  Open all family court rooms to the public.  I know that several renovations have limited seating in courtrooms so actions could not be reviewed or observed.   Electronically capture all court documents and make them available and searchable on the internet.  (If necessary, redacting of critical information will protect privacy.).  Limit the sealing of documents by judges who do this to protect themselves after knowingly making incorrect determinations.  When lawyers violate rules against Pro Se opponents, suspend them, incrementally.   I have been in jurisdictions that elect or appoint judges (New Jersey appoints and after seven years they have life jobs). Both systems have flaws.  I would eliminate life tenure for judges because it tends to encourage lax behavior and makes it impossible to remove bad judges.

Parental Alienation and the DSM-5 ~~ Courts vs. Kids ~~ Stop Family Court's Judicial Abuse

In contrast, Parental Alienation Syndrome (PAS) was concocted by Richard Gardner, based on no research, only his...
Posted by Denounce discredited parental alienation theory on Tuesday, September 8, 2015

"For those who are concerned about Parental Alienation Syndrome (PAS), two immeasurably significant points can be interpreted from the Scientific American article regarding the DSM-5." ~ Linda J. Gottlieb Kase, LMFT, LCSW-R is owner and founder of End Parental Alienation

Post by DSM-5: Diagnostic and Statistical Manual of Mental Disorders.

Dr. Bill Bernet, lead a group of interested professionals in encouraging the DSM 5 editing group to include Parental Alienation Disorder. The new DSM  was published on May 18, 2013 and is the reference book for psychiatrists, psychologists and other mental health providers  Here is Dr. Bernet's unedited analysis of the result.

Finally, DSM-5 was published today.  The DSM-5 Task Force told us 2 or 3 years ago that they did not want parental alienation to be a separate diagnosis in DSM-5, but they thought that parental alienation could be considered an example of other diagnoses that are in DSM-5.

The actual words "parental alienation" are not in DSM-5, but there are several diagnoses that can be used in these cases.  I would say the "spirit" of parental alienation is in DSM-5, even if the words are not.

Parent-child relational problem now has a discussion in DSM-5, not just a label.  The discussion explains that cognitive problems in parent-child relational problem "may include negative attributions of the other's intentions, hostility toward or scapegoating of the other, and unwarranted feelings of estrangement."  That is a pretty good description of a child's view of the alienated parent, although it is an unfortunate use of the word "estrangement."

Child psychological abuse is a new diagnosis in DSM-5.  It is defined as "nonaccidental verbal or symbolic acts by a child's parent or caregiver that result, or have reasonable potential to result, in significant psychological harm to the child."  In many instances, the behavior of the alienating parent constitutes child psychological abuse.

Child affected by parental relationship distress is another new diagnosis in DSM-5.  It should be used "when the focus of clinical attention if the negative effects of parental relationship discord (e.g., high levels of conflict, distress, or disparagement) on a child in the family, including effects on the child's mental or other physical disorders."  That is also a good description of how parental alienation comes about.

Factitious disorder imposed on another is the DSM-5 terminology for factitious disorder by proxy or Munchausen disorder by proxy.  Its definition is "falsification of physical or psychological signs or symptoms, or induction of injury or disease, in another, associated with identified deception."  In some cases, that would describe the behavior of the alienating parent.

Delusional symptoms in partner of individual with delusional disorder is the DSM-5 terminology for shared psychotic disorder or folie a deux.  The definition is: "In the context of a relationship, the delusional material from the dominant partner provides content for delusional belief by the individual who may not otherwise entirely meet criteria for delusional disorder."

In discussing this topic, I would say that the concept of parental alienation is clearly in DSM-5, although the actual words are not.  This is a great improvement over DSM-IV-TR, especially with the addition of the new diagnoses, child psychological abuse and child affected by parental relationship distress.

Dr. Bernet is currently working with PAAO to present a webinar on this subject in the next 2 - 3 weeks. We will notify you of the details shortly.

This beautiful animation above was created especially for Bubbles of Love Day on behalf of Kids Aiding the PAAO (KAPAAO). 

Thank you to the very talented Bronwyn Coveney, from the United kingdom for volunteering her time and talent on behalf of children around the world. Bronwyn is the original visual creator of the PAAO and KAPAAO's,  Mascot Panda Abuzz. 

Memories of a Monster: A closer look at Parental Alienation
Using a storyline from an episode of Desperate Housewives, "Always in Control" (S08-Ep7), Joe Barrow walks us through the insidious brainwashing of a young daughter, Penny, by her mother, Lynette. When Lynette's ex-husband (Penny's father) begins dating a new woman and a relationship begins to flourish between the new girlfriend and their daughter, Penny, the mother is determined to drive a wedge between the loving relationship of her daughter has with her ex-husband, and the new girlfriend. Using a child as a pawn always has tragic consequences. The Parental Alienation tactics used and the manipulation by the mother mirrors the nightmarish reality that hundreds of thousands of parents and grandparents live through today. If you are dealing with this tragedy this mini -documentary will hit you, perhaps, too close to home. Watch in HD. Desperate Housewives is the property of Cherry Productions (Touchstone Television (2004-2007), ABC Studios (2007-2012), and DISNEY. No copyright infringement intended. This video may contain copyrighted material whose use has not been specifically authorized by the copyright owner. We are using this video to help raise awareness of Parental Alienation as a form of psychological child abuse. This video is not-for-profit use and for informational and educational purposes only and constitutes a 'fair use' of the copyrighted material as provided for in Section 107 of the US Copyright Law.We are making such material available in our efforts to advance understanding of social issues of parental alienation as a form of emotional and psychological child abuse. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
Posted by Joe Barrow on Wednesday, July 1, 2015

Using a child as a control mechanism is a domestic violence behavior

Ripped Apart

Divorced dads, domestic violence, and the systemic bias against men in King County family court.

By Nina Shapiro

Jim's first indication that his life was about to be turned upside down came the night he got home from work and was approached by an off-duty sheriff's deputy.

"Are you Jim?" the deputy asked.
"I am," he replied.
The deputy then informed him that not only was he no longer welcome inside his own house, he wasn't allowed even to collect his things. The officer handed him a suitcase his wife had packed and a $3,000 check—also from his wife, who earned far more than he did.
"What are the grounds?" Jim asked.
"It's all in there," the deputy said, thrusting a sheaf of papers into his hand.

The papers informed him his wife was filing for divorce. Worse, she had requested, and been granted, a temporary protection order based on allegations of domestic violence. The order—issued at a hearing that took place without Jim—took effect immediately. It required him to vacate his house and refrain from "any contact whatsoever" with either his wife or his 3-year-old son.

In it, his wife wrote that she felt like she had to "walk on eggshells" around Jim due to his unpredictable temper. He would scream to such an extent that "veins in his neck were bulging" and "spittle from his lips was hitting me in the face." She also described him yelling at their dogs, roughly handling their cat, and driving aggressively and recklessly.

But there's one thing she never claimed—that Jim had ever hit her or their son. Nor did she accuse Jim of threatening either of them.
Jim, an insurance agent periodically unemployed, had at times performed more child-care duties than his wife, according to a court-assigned social worker hired to assess each spouse's parenting skills. 

Observing interactions between Jim and his son, and talking to friends, relatives, and neighbors, she called the bond between them "relatively strong, happy, interactive, comfortable, playful, and full of physical play and affection." Yet it would still take 15 months for Jim to be allowed to have normal visits with his son.

Had he been charged with domestic violence in criminal court, where guilt must be proved beyond a reasonable doubt and the standards of due process are high, this might not have happened. But Jim's fate was decided in a very different venue: family court.

It's a court like no other—a hugely busy and rancorous place where the most personal aspects of people's lives are not only on display, but judged and reshaped in proceedings that often last no longer than 20 minutes. Appointed commissioners, rather than elected judges, make many of the most crucial decisions. And the standard of evidence (known as "preponderance of the evidence") is the lowest allowed by law.

Within a system which denies the existence of basic human rights, fear tends to be the order of the day

FLORIDA FAMILIES UNITED - CHILDREN'S RIGHTS FLORIDA - 2017 from Childrens Rights Florida

What Is The Role Of Lawyers?

Jeena Cho at Above the Law -  You get to define for yourself how you want to practice and what kind of lawyer you want to be.

Across the country women, children, AND MEN are becoming the victims of judges and the court system. It is time that we...
Posted by Children's Rights on Thursday, August 20, 2015

American Fathers Liberation -

Posted by Childrens Rights Florida  “Within a system which denies the existence of basic human rights, fear tends to be the order of the day. Fear of imprisonment, fear of torture, fear of death, fear of losing friends, family, property or means of livelihood, fear of poverty, fear of isolation, fear of failure. A most insidious form of fear is that which masquerades as common sense or even wisdom, condemning as foolish, reckless, insignificant or fut... more »

It's Time to Fundraise For Your Favorite Judge Again!

South Florida Lawyers at South Florida Lawyers -

Can you believe it? Where did the summer go? It feels like we just started our summer break and here we are again, with the kids back in school* the endless judicial fundraising pitches, emails, and faux events!* Didn't we just do this? When is the election even? Next tisha b'av? Don't worry -- just give, give and give again. I'm pretty sure it's a necessary evil -- *hey, wait a minute, why is it necessary again? * And remember -- that judge you save could be your own (I kid, they won't even remember you)! Seriously, you might as well be part of the solution -- support the sm... more »

The Record: Parental due process

LK at Legally Kidnapped -

The Record: Parental due process LEAVING CHILDREN unattended in vehicles remains a serious problem, notwithstanding many publicized warnings against it. Some 45 children have died from heatstroke while locked in cars in hot weather since the beginning of 2014, according to researchers at San Jose State University in California. Children left alone in cars are also susceptible to being kidnapped.

Southern District of Florida Blog: S.D. Fla. celebrates LGBT achievement

John Oliver Explains Why It Is Too Soon To Celebrate LGBT Equality

Kathryn Rubino at Above the Law - 1 day ago

Even if you don't agree with Oliver's views his fast pace, clever graphics and sly demeanor keep you entertained.

The politics of sociological consciousness

Paul Campos at Lawyers, Guns & Money -

This weekend, the NYT ran an interesting article by a former waiter at one of New York’s Michelin three-star restaurants, who is now a graduate student: In a playground for the superrich, I was an overpaid chaperone wearing a bespoke suit. Gluttony was common. So was sex; more than once we had to interrupt coitus […]

Is This Racist? State Bar Can’t Tell If This Is Racist.

Joe Patrice at Above the Law -

After honoring a story written by a man associated with a hate group, a state bar flies into embarrassing damage control.  

They named a drink: The Foster Child

LK at Legally Kidnapped -

Drink of the Week: The Foster Child, a Banana Foster margarita at Salty's Gulfport Looking for a margarita unlike any other? Try a bananas fosterita, dubbed the Foster Child ($8), at Salty's Gulfport. Bartender Kat McKenna created the cocktail based on the flavors of the dessert bananas Foster.

Law Grad Drowning In Debt Tries To Sell Law Degree On Craigslist

Staci Zaretsky at Above the Law -

Go on, make this lawyer an offer he can't refuse.