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

The False Allegations Of Domestic Violence Epidemic ~ #DomesticViolence

The False Allegations Of Domestic Violence Epidemic

It's human nature to seek out a partner in life, and to possibly marry and have children. Unfortunately the matrimonial establishment, as we are all aware, is being methodically torn down by a demoralized society. Sadly the divorce rate is still on the rise and the foundation of marriage is being devalued and is crumbling. As adults we learn to adapt and move on when divorce attacks our lives but for children this is another story. They are the real victims of divorce and unfortunately they will suffer dearly from our selfishness and in most cases follow the same path of destruction if not worse.

As a nation we have been granted certain civil rights by our constitution. Through the years it has been amended to better the lives of many Americans. The two most notable changes have come to Women in the 1920s and with African Americans in the 1960s. These rights were long overdue for both segments of our nation but thankfully we realized our mistakes and corrected them. This was not an easy journey for either of these crusades but through dedication and perseverance the bells of liberty rang loudly and victory was achieved.

Unfortunately we have reached yet another fork in the road and with that comes another challenge to the American people. "We've worked hard for women's rights, but we have to watch out that the pendulum doesn't swing the other way" says Ruthie J. of the Reach FM. Ironically the pendulum has already swung far to one side and this time the male gender is being demonized by erroneous and fraudulent information. Males are being portrayed as callus, uncaring, and without emotion. We are being taught that men represent 95% of abuse in this nation against women. These and many other false statistics are being recklessly strewn throughout society and none of it is true. Yes, women are being abused by men that is a fact. striking a woman is abhorrent to the highest degree and should be dealt with appropriately but men are abused at an equal rate and they are being ignored. According to a study by the Center for Disease Control men represent 38% of domestic violence related injuries. Compound that with the fact that only 0.9% of men report abuse verses 8.5% of women and I think we have a pretty equal degree of violence between partners.

The cornerstone of this "abuse" is VAWA the Violence Against Women Act. It was passed into law by Bill Clinton in 1994 and has been extended by every subsequent President. This law funnels Billions of dollars into discriminatory education and propaganda that violates men's civil rights. Many times DVIs or Domestic Violence Injunctions are used as a tool in divorce, child custody or just vengeance against a partner, most often against males. This is because the system of acquiring a DVI is simple and requires no evidence, witnesses or prior police reports. Just the word of an alleged victim making a claim of abuse. The repercussions of these orders are devastating and many times result in a violation, arrest and complete destruction of one's life. Even in cases when they are dismissed, a serious blemish remains on the falsely accused forever; how does that look to potential employers who almost always perform background checks prior to employment? This must be stopped and a better system of protecting all victims of domestic violence should be put in place.

I hope to help bring awareness to gender discrimination and help provide support for men who are abused. There are programs to help women of abuse but nothing for men. My website will provide more information on the facts, my personal experiences and the stories of those who have been victims of this heinous tactic of relationship vengeance. Men and women should truly have equal rights and currently the scales are unjustly tilted. Let's work together to end domestic violence and not vilify one gender as inherently abusive. "United we stand, divided we fall" A powerful statement that we must never forget.

Thank you,

Tom Lemons

Founder, www.falsedvireports.com

Posted by American Fathers Liberation Army on Friday, August 28, 2015

False Allegations The Gordon Smith Story 

Gordon Smith, False Allegation Victim | False Allegations Summit 

THE REAL STORY: THE INEQUITIES OF THE FAMILY COURT SYSTEM. 

Where's the Justice? The Miami Herald Reports False Allegations Of Domestic Violence

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.

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.

Fatherless Day Letter to President Barack Obama

Fatherless Day Letter to President Barack Obama

Dear Mr. President, 

It's Fatherless Day again, while you are enjoying Fathers Day with your children, many of us will be wondering where our children are, we are worried if they are ok, and even praying that they are alive and well. Over the years you have acknowledged the importance of Fathers in their Children's lives. You have asked that we "Step Up" even chastised us for not doing so but in all too many situations, those are not the facts. The facts are, the majority of us would do anything to share in our Children's lives.

As you are very well aware, Federal funding to the States through the Social Security Act's Title IV-D, Title IV-E and VAWA programs are preventing us from participating in our Children's lives. These Federal programs provide billions of dollars in funding to separate children, a full 85% of the time nationally, it is the father from their lives...

This is a terrible injustice and nothing short of child abuse. The adverse effects of Fatherlessness directly correlates with literally every social ill that we suffer today. Just like the Women's Rights Movement, just Like the Civil Rights Movement and just like the Gay Rights Movement, we all knew their efforts were true and correct yet we waited and watched as the toll on society became unbearable before our government finally stepped up.

Today, at this point in time in history, literally generations of families have been destroyed. All too many Americans have no idea what it is like to be a part of a family, they have no idea of the importance of family, many do not even know who or where their family members are. Do you think this is in the best interest of our Children? Do you think this is in the best interest of America?

Mr. President, It's time for you to "Step Up", we need a full scale investigation into these federal programs as well as the family and juvenile courts of America. We need to open up not just a Senate Investigation and Advisory Committee but we also need for you to open a positive dialogue with, "We The People". Our country, our society, our families and our children are waiting and depending on you.  

Respectfully,
Donald Tenn
Fathers 4 Justice  --  Log in or register to post comments

La práctica judicial impone la custodia materna  --  viso at CUSTODIA PATERNA -  *MÉXICO* Aranzazú Ayala Martínez escribe el artículo fuente. La escritora se apoya en el testimonio de un letrado de familia que conoce, parece ser, bien lo que sucede en el día a día en los tribunalesde México. Se centra en una población, Puebla, pero al final del artículo manifiesta que aún sin conocer que sucede en el resto de ciudades, cree que muy posiblemente existan los mismos prejuicios que en Puebla. Por lo vista allí aún continúa vigente ese apartado de la normativa legal que indica que ase pondrá bajo la custodia de la madre a los hijos menores ... more »

“Borrando a Papá” 

ilumina lucha de padres por sus hijos en Argentina viso at CUSTODIA PATERNA -  Un documental estrenado en Argentina que visualiza una realidad contra la que se disponen de miles de millones para que el sistema que da vida a dicha realidad persista. No són leyes las que consienten y permiten que el menor resulte huérfano de padre vivo, no, en el artículo se presenta al motivo como una trilogía compuesta por un sistema para alejar a los menores de sus padres formado por jueces, asociaciones y psicólogos. El documental que lleva por nombre "Borrando a papá" fue primero cancelado y después tras su emisión ha sido censurado por la justicia... more » 

Is It Lack of Understanding or lack of Backbone?

Recently, I had the ambivalent experience of reading a Court Order in a case with clear cut Parental Alienation. The Court ordered a Custody Evaluation by a forensic evaluator with deep experience with parental alienation. The report was very thorough and the recommendations were very clear. Given the severity of the circumstances (which had been allowed to simmer for years due to procedural delays), it was recommended by the evaluator that custody be given from the alienating parent - who was clearly identified as such - to the targeted parent, in order to effect a remedy and to ge... more »  J Michael Bone, PhD at J Michael Bone, PhD - 3 years ago  

Dealing with Judicial Anxiety

Increasingly, even as we become better and being clearer and more precise as to what will help remedy a parental alienation case, it appears to be the case that Judge's often hesitate to follow such recommendations. Very often, the targeted parent will have been accused falsely of being in some way dangerous, unstable or otherwise suspect as a parent. Since the court should always carefully examine any potential danger that such a parent might represent, it should then also recognize that the fact remains that parents are falsely accused of tendencies and acts that are not them. In ... more »  

 -- J Michael Bone, PhD at J Michael Bone, PhD -

Yesterday I gazed out the window watching fireworks and was really missing my angel but I cannot call her because I am...
Posted by The Fathers' Rights Movement on Wednesday, June 19, 2013

Posted by Boycottfamilylaw : Restore Children's Rights Worldwide on Friday, August 14, 2015

Posted by Childrens Rights Florida on Wednesday, August 19, 2015

Posted by Children's Rights on Wednesday, August 19, 2015

Dear Mr. President:My name is George Albright and for the last eight years I have been the elected tax collector in...
Posted by Childrens Rights Florida on Wednesday, August 19, 2015

"...Just add Dad, the magic ingredient. It's hard to know where wishful thinking becomes deliberate deception. But this...
Posted by Children's Rights on Wednesday, August 19, 2015

Posted by Childrens Rights Florida on Wednesday, August 19, 2015

Brainwashed Daughter Falsely Accused Father of Sexual Abuse

CHICAGO, June 25, 2015 /PRNewswire/ -- Litigators Leslie P. Poole and Misty I. Gamino from the Law Offices of Jeffery M. Levingwon an important victory in Chicago and finally brought justice to a father by persuading the Judge to incarcerate his ex-wife for violating an order prohibiting her to contact her daughter, and for owing over $50,000.00 in past-due child support. This occurred after the mother brainwashed her daughter to make false allegations of sexual abuse against her own father.

The father was granted residential custody of their daughter in his divorce.  In an attempt to gain leverage in her pursuit to change custody and terminate her child support obligation, the ex-wife forced their daughter to make false allegations of sexual and physical abuse against her father to the Department of Children and Family Services (DCFS).

The ex-wife's malicious attempt to interfere with the father's relationship with his daughter failed when he turned to the Law Offices ofJeffery M. Leving to fight these serious and unfounded accusations. "The father faced wrongful incarceration and almost lost his relationship with his daughter," said internationally renowned Fathers' Rights Attorney Jeffery M. Leving.

The Leving Team fought vigorously to prove the allegations against the father were false. The mother's manipulation of her daughter led the Judge to enter an order prohibiting her from contact with her daughter. Even after this order was entered, the mother continued to contact her daughter to convince her to make additional false allegations.

Given the danger and harm the mother had already caused this family, the Judge jailed the mother for her continued disregard of the no-contact order and for her failure to pay child support in an amount in excess of $50,000.00.

The child is now safe with her father and he is now able to live without the fear of being incarcerated based on false accusations. 

This is an accredited example of the importance of responsible fatherhood and the rights of a child.

For more information, please contact Jennifer Whiteside at (312) 296-3666.

CONTACT: Jennifer Whiteside  
312.296.3666

SOURCE Law Offices of Jeffery M. Leving, Ltd.

RELATED LINKS
http://www.jmlevinglawltd.com

Yesterday I gazed out the window watching fireworks and was really missing my angel but I cannot call her because I am...
Posted by The Fathers' Rights Movement on Wednesday, June 19, 2013

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