Showing posts with label family court. Show all posts
Showing posts with label family court. Show all posts

Sunday, December 24, 2017

You're A Mean One Mr GAL

You're a mean one, Mr. GAL.
You really are a heel.
You're as cuddly as a court room,
You're as charming as a court appeal,
Mr. GAL.
You're a bad banana with a greasy black peel.

You're a monster, Mr. GAL.
Your heart's an empty soul.
Your brain is full of nonsense.
You've got garlic in your brain, Mr GAL.
I wouldn't touch you with a
Thirty-nine and a half foot pole.

You can imagine how the rest of the song goes.


Unless you have a record of abuse - physical and or mental - there is little reason for a Guardian ad litem to make a "recommendation" to the court that you should not spend time with your child(ren). Guardians ad litem do not have the training that a psychologist would have ( as example ) in determining whether a child will be harmed or whether you should see your child. Unfortunately Guardians ad litem will use their position in the courts to influence a judge.

You are not alone in thinking that what you are experiencing is unfair and unjust. It is. You have to have strength to overcome this injustice. It will also take time to document in writing and other media what is going on. You have to look at what you are experiencing in the long term and realize that it will probably take time. Be patient.

NaGAL works to educate the public and our elected officials on the issues within the Family Court system. We concentrate on the court vendors - Guardians ad litem - as they bring little value compared to their expense to the table. If you have had issues with a Guardian ad litem we encourage you to contact your state representatives and find us on Facebook.



Tuesday, November 14, 2017

My Lost Love, My Lost Child - A Poem

A divorcing family is hard for everyone especially the child(ren). The following poem by Garrett W. Wheeler - My Lost Love, My Lost Child is a cry out for a child by a father. The poem could pertain to anyone - mother, father or the grandparent who doesn't get to see that child anymore...


My Lost Love, My Lost Child
I wonder what you’re doing
and how you’re living life
what new things did you learn today
and how did you sleep last night
did you feel raindrops on your face
or sunshine in your eyes
of all the questions left unknown
the biggest one is why
why can’t we be together
why can’t I watch you grow
why can’t I guide you through this world
this I just don’t know
but I promise we’ll be together
no matter how long it seems
just know your always in my heart
and always in my dreams


poem written by © Garrett W. Wheeler

NaGAL offers support to those parents who have little to no contact with their child(ren).


Saturday, October 28, 2017

American Bar Discovers Parents Are Being Alienated from their Children

During your divorce and after did you feel that your children were being alienated from your life? Brainwashed or even programmed?

Did anyone listen to what you had to say or were you told that you were just "sour grapes"

Well you should know that several years ago the "Family" Section of the American Bar did a study that concentrated on children being brainwashed, programmed and alienated from the target parent.

For instance the American Bar found that the parent who was actively brainwashing often rationalized what they were doing - and doing so "in the best interest of the child". Often claiming that they were the parent telling the truth.

The brainwashing parent used what ever means available to punish the target parent - often using the former couples children to deliver the message.

In over 20% of the cases studied religion was used to label the target parent as being "bad".

The Bar discovered that the programmers thinking was irrational.

The list goes on and as the targeted parent you could probably add to what was discovered by the American Bar. Yet the Bar has done little to shed light on the problems associated with one parent alienating another. This despite knowing how to detect and manage the problem in the court system.

One thing that you should do as the targeted parent is document every instance that alienation happens. Keep a journal, get a voice recorder and record what is happening to you. Otherwise it is your word against the brainwasher.
 
NationalGAL is for "Family" Court and Guardian ad litem reform. We do so by educating parents on how to protect them selves in "Family" Court. Please find us on Facebook or email us at NationalGALalert@gmail.com

Saturday, December 19, 2015

Speak Out - 2015 Survey on the State of our Family Courts

As a consumer of Judicial Services rarely have you ever been given the opportunity to provide feedback to your Family Court system on how they are doing. There is no exit survey on the experience you just had. As a result our Family Court system has no idea on how well (or badly) it is doing.

Until now.

We want to know what your experience has been as a consumer, lawyer, judge or Guardian ad litem (and other court vendors) within this system. The data collected will be used and provided to our representatives as well as the Judicial Branch and the Department of Justice (DOJ).

The survey on the state of our Family Courts asks 13 questions anonymously and provides you an opportunity to expand on any and all of the topics.

In January 2016 we will be publishing the results of this survey.

2015 State of Family Courts [ LINK ]


Thursday, November 26, 2015

AU - Parents "What do I owe?" - Family Court "How much you got?"

Mr. Craig Kelly appears to be a politician whom the Guardian ad litem/ Court reform movement could use. He recently gave a speech earlier this month regarding the use of a court appointed expert who by all appearances took advantage of the situation he was in by gouging the divorcing family. This issue is quite common in our Family Court system where judges grant a monopoly to Guardians ad litem and other court 'experts'. We must educate our politicians to the problems within our court systems -

FAMILY COURT RORTS – Speech in Parliament (November 2015);

Mr CRAIG KELLY (Hughes) (11:18): Deputy Speaker, this morning I would like to talk about a rort — a rort that is going on in the Family Courts of Australia.

It is a rort that involves excessive fees, price gouging and virtual extortion; it is nothing other than a scam.

I am not going to name names today, but I put those on notice involved in this rort. If necessary, I will name names in this parliament.

Now Deputy Speaker, in a truly competitive market, I have no objection to anyone charging what the market will bear. In our free market, capitalist society, they are entitled to charge as much as the customer will FREELY pay.

However, where we have a situation where the Family Court orders a so-called ‘single expert” to do what is called a 'report' or an 'analysis', the court is granting them a monopoly.

And these people should not be allowed to exploit that monopoly position granted to them by the Family Court, by price gouge and charge excessive fees.

This is an area which should have government regulation where we set and regulate the fees where the Court does grant them a monopoly.

Deputy Speaker, I would like to give you an example of one of the current practices. I have a Family Court order in front of me, and it states that the participants in the Family Court, the father and the mother, should attend a particular ‘Mr X’ (name withheld) on a certain date for a further ‘single expert report’.

It goes on that the cost of ‘Mr X's’ report will be borne equally by the parties and that they will pay the sum of $8,000 each.

So Mr X is entitled to a sum of $16,000. (And parent of the child is unable to pay, they will be denied the right to even see their child, so the child is a victim of this rort as well)

When it was asked how this is calculated, it worked out at a fee of $700 per hour. That’s right Deputy Speaker; $700 per hour.

Now this is for a psychiatrist. If I look at the Australian Psychological Society's national schedule of recommended fees—the recommended fee schedule in place from 1 July 2015 to 30 June 2016—it sets out the recommended level of fees for an hour of consultation at $238.

So, because the courts are giving this particular individual a monopoly position—

(debate interrupted - Proceedings suspended from 11:21am to 11:34am) (debate resumed 11.34am)

-I will continue where I left off.

I was giving an example of the current practice of this rort whereby the scheduled fee recommended by the professional association is around $238 an hour (that’s $9,520 for a 40hr week – nice work if you can get it).

But in this case because the so-called expert involved has a court-ordered monopoly, they are able to charge what they like.

And they are charging 200% ABOVE the scheduled fee recommended by their professional association — a charge, including GST, of up to $700 an hour.

Deputy Speaker, I have no objection if in a fair, free and open competitive market if they want to charge $7,000 an hour, and someone is willing to pay this of their own free will.

But where the court compulsory orders a participant in the court proceedings to see an ‘single expert’ thereby granting such an individual a monopoly, and they charge such an excessive fee — a 200 % uplift, a $500 per hour UPLIFT (on the scheduled fee recommended by the professional association) — it is nothing other than an absolutely rort.

Deputy Speaker, I am not one for excessive government regulation,however we should have legislation that sets a maximum schedule of fees for these 'single experts' if they are to be given a court ordered monopoly.

For the current situation is very similar to what I remember in an old Chevy Chase movie, 'National Lampoon's Vacation', where Clark W. Griswall (played by Chevy Chase) crashed his car and had to get his car repaired. He pulls out this wallet and asks, ‘What do I owe you?'

And the repairer said, 'How much you got?' And when Clark complains about such price gouging, the repair pulls out this sheriff’s badge.

Deputy Speaker, his is akin to the same situation that we have going on in our Family Court today, and it is totally unacceptable.

Secondly, I have great concerns over some of the secrecy provisions in the Family Court. I would like to quote one Mr J Robert Oppenheimer from the 1950s. He said, which well applies to our Family Court today:

“We do not believe any group of men adequate enough or wise enough to operate without scrutiny or without criticism … We know that the wages of secrecy are corruption. We know that in secrecy error, undetected, will flourish and subvert.”

We need to end a few practices in our Family Court. We need to end the practice of secrecy.

We need to shine a bright light on the practices that are currently going on in our Family Court.

If we are going to continue to have the practice of single experts, a practice which I am greatly concerned about, we must have a schedule of professional fees they can charge. which must be reasonable.

And Deputy Speaker, regarding the current practices—these current rorts that I have outlined — I am putting these people on notice that they are being watched. This parliament is going to shine a light on their activities. (time expired).


If you have been involved in a case which has turned sour or just does not make sense we ask that you contact us at NationalGALalaert@gmail.com or find us on Facebook.






Saturday, January 10, 2015

Ohio - Child Trafficking American Style: How Cash-for-Kids exists and how to Stop It by January 16, 2015

Divorce Corp has asked for our help in trying to stop the - Cash-for-kids - that goes on between the states and Federal government. These videos encapsulates the problems that parents suffer through in the Family Court system. Towards the end Joe Sorge and Divorce Corp tell you how you can make a difference:

Director Joe Sorge (Divorce Corp) reveals how good intentions gone bad and a callous legal profession has catapulted the United States into the unenviable position of leading the developed world in single parent households. Six billion dollars per year of taxpayer money motivates some of the worst public policy imaginable, leading to the bankrupting of families, the imprisonment of wage earners, and the manipulation and misuse of children as a currency for separating parents and opportunistic professionals. The Federal Government has opened up a rare opportunity to comment on these outdated and dysfunctional laws. Joe Sorge makes an appeal to write to Washington by the end of the public comment period, January 16, 2015, to reform these misguided Federal regulations. A link is provided to Divorce Corp’s web site, showing recommended changes to the Federal Regulations, and suggested reform language to send to Washington.

A YouTube video may be found here - YouTube

Please share this video with your contacts or find out more on Facebook.

Sunday, September 28, 2014

The Pro se Problem in Family Courts - Ohio

In Maine and Connecticut there is a movement to change the Family Court system. Ohio is no different than these other two states. While this letter is addressed to the Maine Judicial branch it can be applied to other states just as well:

Mary Ann Lynch
Government and Media Counsel
Maine Judicial Branch

Dear Mary Ann,

It was a pleasure to talk with you by phone on Wednesday afternoon and to share a few thoughts about the very troubling 74% ‘pro se’ problem in Maine’s family courts. 74% is a powerful number that speaks to a socially unacceptable differential status of citizens/voters in the face of  justice. My purpose in calling you was  to be a “catalyst” for broad based problem-solving concerning the ‘pro se’ phenomenon. It seems to be growing numerically by leaps and bounds, despite valiant, well-documented efforts by your associates to contain it.

To me, as a former public health planner, there appears to be a lack of data about the nature of this problem that would be a vital necessity in designing a strategic intervention to reduce this unacceptable 74% number. The problem of ‘pro se’ numbers also appears to suffer (paradoxically) from well-intended attempts to try to solve the ‘pro’ se’ problem with inadequate problem definition. It puts “answers to the problem” before adequate “problem definition”, and thereby places the cart in front of the horse. Without wishing to disparage the ongoing work being attempted by those associated with the Maine Judicial Branch and the Maine Bar, I would suggest that there are some serious planning questions that need research and study before seeking answers.

Here, in brief, are a few of my thoughts, a recap and elaboration on our earlier phone discussion:

WHAT SHOULD THE GOALS FOR  ANY ‘PRO SE’ INTERVENTION BE? In any thoughtful, large scale, organized government plan, one needs clearly stated goals to aim for- and to keep the movement towards goals on target. I would suggest- tentatively - that the aim for the ‘pro se’ problem should be to reduce the incidence and prevalence of ‘pro se’ as a phenomenon in Maine family courts - “to move the “numbers needle” backwards”. To use a public health conceptualization, one might say ‘pro se’ is a growing epidemiological problem. What is the “epidemic” about, how is it spread over Maine’s “at risk” populations, who is vulnerable, what factors are causing it, what exacerbates its growth, what diminishes its growth and what “interventions” might well organized data suggest would be most effective? To that end, I suggest a sample of some very generic questions that an epidemiologist might ask before intervening in any epidemic.

WHAT IS THE NATURE OF MAINE’S FAMILY COURT ‘PRO SE’ PROBLEM? Beyond anecdote, who are the 74% of people who do ‘pro se’’ in Maine’s family courts? What sort of demographics do they represent? What ages, occupations, education levels, financial status, duration of marriage, number of children, geographic locations, previous marriages/relationships, health/mental health status?  What are the reasons that they are  doing ‘pro se’?  Financial reasons (examples)? Or other reasons?  All of these data would be useful tools in shaping rational problem-solving. Without such data, solving problems can only be based on anecdote, guess work, personal impressions, prejudice and bias. Bad information, as everyone knows, leads to bad answers!

DOES HAVING A LAWYER MAKE A DIFFERENCE IN OUTCOME OF DIVORCE AND CUSTODY? What is the statistical record for various types of outcomes for ‘pro se’ litigants? How do things go when one party has a lawyer and the other doesn’t? What factors favor what outcome when both parties have a lawyer? Are there statistics for law firms and lawyers showing records of wins and losses? How do ‘pro se’’, lawyers, and judges view the contest?

HOW DO ‘PRO SE’ LITIGANTS FEEL ABOUT THEIR COURT EXPERIENCE? Were they helped to do pre-court paperwork? Was the help that they received effective or was it confusing? Did they get help or coaching before going to court? From what kinds of helping sources? How do ‘pro se’ litigants feel about their courtroom experience?  Were they put at ease by the judge? Were they treated respectfully? Did they encounter judicial hostility or overt rejection? Were they listened to? How did they handle evidentiary challenges (“object, object, object!”) from opposing counsel? Were they included in all conferences and administrative issues? Did they feel that they received treatment in court equal to opposing counsel (if there was one)? Do they have ideas for simplifying the process for making it less time consuming, fairer and with happier resolution? How were they and their children impacted by the personal stress of the  ‘pro se’ experience and its  aftermath?

HOW DO FAMILY COURT JUDGES FEEL ABOUT THEIR EXPERIENCE WITH ‘PRO SE’ LITIGANTS? What kinds of problems do they experience? What impact does ‘pro se’ have on courtroom procedures and process? What are the biggest challenges in this situation for judges? What would they suggest to solve some of the problems associated with ‘pro se’? Do they have suggestions that might diminish the incidence of ‘pro se’ ?

HOW DOES THE DIVORCE BAR SEE THE ‘PRO SE’ PROBLEM? Does everyone in a divorce and custody situation need a lawyer? What type of cases may not need a lawyer?  What about pre-court legal “coaching”? What about paraprofessional lawyers? What about defining custody as 50-50 in all cases- except proven abuse? What other ideas? What about disincentives for lawyers? What about fee caps on all cases, or needing certification from a judge to bill beyond a certain $$ figure?

Please, do not take the preceding paragraphs as any sort of concrete proposal. The remarks above are offered only as possible examples of epidemiological data for use in a very classic, rational problem solving process. The questions are more to get a conversation about planning going- or to say, we don’t want to go there, because...

To my thinking, all three branches of government should be involved in any such a conversation leading to a plan for action. The core issue at the heart of the ‘pro se’ problem problem is about how we are to treat Maine families and children in the throes of divorce and custody. It is a question about the well being of a  sub-population of huge importance to the future of Maine. Interest in the topic goes way beyond the interest and practices of one branch of government and one profession. Ideally all three branches of government should work on the issue and should sponsor the supportive legislation to enable the work. As to the question of who might  best do such a study or variations thereof in the interest of the public, my vote would be for OPEGA; others might have other choices. My personal aim would be to eliminate the dominance of “special interests” of stake holders from the “divorce industry”, who have been the dominant players heretofore. They don’t represent the people.

I hope this gives a bit more flesh on the bare bones we discussed on Wednesday? It is still skeletal!  It is just a beginning of a much needed larger conversation.

Thanks for your time, your always valuable perspective and your in depth knowledge of the Judicial Branch - and Maine government.

Sincerely,

Jerry Collins

CC: MeGALert

If you have had a bad experience in the Family Court systems or with a Guardian ad litem. Please contact us at MeGALalert@gmail.com or find us on Facebook.

Friday, July 4, 2014

What Would You Do if You Were A Guardian ad litem?

Imagine you are a Guardian ad litem tasked with making a recommendation on a case and you have the following to deal with:

One member has just accused the other of molesting the child of this divorcing family. You recommend that the accused has only supervised visits with this child. The Family Court Judge backs up your recommendation.

But there is a twist

You see the accused has another child with another partner. What do you do?

1. You do nothing - that child is not a party to the divorce.
2. You recommend that the accused parent can only have supervised contact with both children because that parent poses a threat to both of them.
3. You have Child Protective Services come in and determine whether or not the accused is really a threat.

Tell us what you would do - Either add a comment here or click this link which opens up in a new TAB or window.

The results will be published on Monday 7/8/2014

Tuesday, June 17, 2014

A Basic Tool Kit for Grass Roots Family Court Reform

We have been asked by many people how we got MeGALalert, our Family Court and Guardian ad litem reform program, started and what beginning grassroots activists should do to get going?  We grew our program, MeGALalert by stages and degrees, learning by trial and error as we grew.  We quickly set two fixed goals: (1) education of the public about the need for reform of family courts and Guardians ad litem, and (2) legislation to produce change.  We feel that you can’t have legislated change for these dysfunctional systems without an enlightened, aware public that will support and push for change.  Legislation also requires that we  educate legislators about the family court and Guardian ad litem problems, and also that we help voters connect with legislators and- as constituents/voters - express their views and their wishes. Family court systems  are not anything that can be “fixed” quickly, because there are huge systemic problems and powerful internal forces that support  the dysfunction of family courts, and that keep dysfunction alive, well and growing. Long ago, we were instructed by one sophisticated  lawyer: “Follow the money!”

What we are outlining is a well planned systems intervention in a massive system, and it cannot be done quickly or without a well designed strategy and tactics, nor can these be effective without tools for intervention in all parts of the system.  Obviously, this is a complex undertaking.  We are always glad to share our thoughts and our approach, but to do so would take more than a simple, single blog posting.  We’ll start by giving a brief list of important generic systems intervention “must have”  “tools” that you may find useful in changing family court systems:

1. A blog or two (or more) with different focuses that will serve multiple purposes: give news, present issues and problems, make proposals for change and allow for public "conversations".

2. A Facebook page dedicated to court reform in your state, which can present more short-term "reform news" and sharing.

3. Building a base of credible political supporters, larger numbers of both friends and “victims” of the family court system.  E-mail addresses (and list-servs) for this group are critical, precious, invaluable .  One rule to follow: ALWAYS BLIND COPY (bcc)  MASS MAILINGS FOR PRIVACY).  Telephone numbers and physical addresses are useful also.  We started with our family court story (disaster) in a local weekly paper that got the attention of other family court “victims” who contacted us - and the rest is history as the numbers grew and grew.

4. Once you get stared, a core group of friends with a "work ethic", who can be counted on to help with some of the "heavy lifting".  Volunteer manpower, which can stay on top of what's happening in state government that may impact on users of family courts.

5. Getting to know your State Rep and State Senator and continuously educating them on the court reform issues is critical.  Getting to know other legislators, especially those who have gone through divorce and custody horrors.  “Victims” of family courts in the legislature are “golden”.  You also need to know which legislators are your enemies and “frenemies” , Which legislators will sabotage your efforts and support the ‘status quo’?  HINT: look for legislators who are lawyers!

6. Getting to know your state Governor and your Chief Justice.   Governors can submit bills and can veto bills, but they too need education.  Justices often want changes in the courts but they are constrained by their political base: the state bar and state lawyers who live handsomely off of family courts.  They hear appeals form family courts and their judgments become case law.

7. Building relations with the all elements of the media.  Know reporters, feed them stories.  Many court reporters are intimidated about journalistically challenging the courts and getting “shut out” of court news thereafter, but sometimes your news may tempt them out of timidity.  Small, local, weekly papers, we find, are most open to reporting our experience - and people do read them. Give them stories. This got us going. Don’t forget social media in all of its many forms.

8. Organize intimate, small showings of "Divorce Corp", the DVD, it is very educational, packs a punch and ought to be a "must see" for legislators and government decision makers.  It is a great “tool” for quick information and attitude change.

9. Make your most important goal: public education about the largely unknown scandal that is family courts in America. Without extensive education of the public you go nowhere.

10. Communicate, communicate, communicate. Keep everyone who writes to support you in the loop, up on the news - good and bad. Answer ALL e-mails asap.

11. Don't worry about money or setting up a nonprofit.  We've done it with no money and no corporation. Money and non-profits have their own problems and politics. We've done it with PEOPLE, who are FRIENDS. The most successful movement that produced massive political change was created by Vaclav Havel, former, Czech president, Nobel prize winner, writer and political dissident.

Finally, don't be discouraged by setbacks.  It is going to be a long term project. Family courts have solid support of a huge, wealthy industry ($50 billion), the “divorce industry”, these lawyers, like the “robber barons” of old, are not going to yield quickly or easily. But ... we have human and moral "right" on our side, and, once we connect, there are more of US than there are of THEM! Vaclav Havel called it “The power of the powerless”.

In the long run, if we keep at it , like others before us who fought injustice...

"WE SHALL OVERCOME ... SOMEDAY..."

MeGALalert can be reached by emailing us at MeGALalert@gmail.com or by finding us on Facebook. There is no magic bullet that can be used to help you with the issues you and your family are facing. We offer support and help in dealing with the family court system.

Sunday, March 30, 2014

Will your online petition make people aware of the issue?

You are upset because the system has betrayed you - you want to take action and show that they are wrong, corrupt or biased. What do you do - get an online petition going to show the powers that there is a problem and that people back you up. Before you go to one of many sights that offer up online petitions are you prepared to do some hard thinking and ask yourself some difficult questions before posting that petition?

Some things to think about while you contemplate the idea:

GOALS: It is critically important to have clear aims for any petition.  Who are you petitioning?  Exactly what do you want them to do?  Do they have the legal power/authority to do it?  Are they apt to respond to an Internet petition?  Have they ever responded to a similar petition like yours before?  Have you tried other methods to solve the problem about which you are petitioning?

NUMBERS NEEDED? How many petitioners do you think you can get to sign your petition?  Beyond your family and friends are there a large number of people who understand the issues you are raising and who will back you because they share the  views you express in the petition?  How many signers will you need to have any significance?  For an in-state project, it might take several thousand signers before anyone takes notice.  For a national project you will need hundreds and hundreds of thousands.  You are aiming to make a grass roots statement of political power.  Can you get the numbers to "speak" power? How?  Large organizations and governments don't respond to midgets.

DEFAULT POSITION: If the petition falls flat- with little to no response or action- what is your fallback plan?  Shouldn't you have other ideas in mind, or do you just drop it?

RISK MANAGEMENT: What are the risks for you and others who might sign an Internet petition?  Have you run the petition idea by your lawyer and/or others with experience?  Is it well-written and clear; does it avoid name calling or slander?  Have you considered whether the petition will make matters better or worse?  What if it fails to get the desired response?  Will it improve or damage your image, your credibility, your thinking, your ideas, your original aim?  Are there legal ramifications that can come back to bite you and those who sign the petition?  If the petition fails in its expressed aims will there be backlash?  Will it infuriate others in the system you are petitioning - and cause them to close their ranks?

DISTRACTION: Is the petition a waste of time in the sense of being a time-consuming distraction from actual things you might do with less risk and greater potential payoff?  Are you avoiding the hard emotional work that might have greater benefit?

Getting 25 or 50 of your friends to sign your petition is probably useless. They are signing it just for that reason - being your friend or family member. On the other hand if you talk with 25 or 50 strangers of which some end up signing is in the end more beneficial to your cause. You have created an awareness of your issue which you can then build upon. To put it another way - a person in power can ignore hundreds or even thousands of signatures. It becomes harder though to ignore 25, 30 or more who are screaming at their door - writing letters and becoming involved in your cause.

REMEMBER: The American Revolutionary players tried unsuccessfully to petition King George.  The fallback position was the Committees of Correspondence and then the  Revolutionary War.




Sunday, March 2, 2014

Child Custody - An appeal to Maine's Supreme Court: Dalton Vs. Dalton CUM-13-521

You are going to have ring side seats in this conflict that is being appealed to the supreme court in Maine. The link provided brings you to a piece giving a general overview of what is going on. On this page there is a link to the appeal that was submitted a little over a week ago. The ideas in the appeal may be applied to cases in any state.

It isn’t often that most people have a chance to read an actual divorce and custody story that is being appealed to Maine’s Supreme Court, as we write this.  Child custody appeals are relatively rare. Most people, who might wish to appeal, are intimidated by the process; many are discouraged by lawyers, who don’t wish to offend a lower court judge by asking a higher court to intervene and correct a decision. Then, there is the huge amount of work involved and the not inconsiderable expense.

The process starts with a heartfelt disagreement with a lower court judgment and with the handling of the law in that court. It requires courage to challenge a family court judgment. It also always embodies a determined love of one’s child (children). In effect the appellant is very publicly saying - but in polite legal language - to the court, “You are dead wrong!  Your judgment is not only unfair but badly arrived at. The tools you are using and the reasoning process are seriously defective!  I strongly protest!”  How a skilled attorney approaches this problem and chooses the most important issues out of a welter of possible “plots, subplots and very involved stories” is a matter of legal judgment. Most of us, as parents and family would get lost in a morass of the details that go into a custody fight. The enclosed brief of this particular case demonstrates the vitally necessary partnership between lawyer and client. It is a union of “heart and courage” and ”head” - the level, focused intellectual crafting of the case essentials by a lawyer. It will be, I guarantee you, a most interesting and informative “read”.

We’ve been hearing from family members some of the unbelievable details of this case, Dalton vs Dalton, for just over a year. We have held our breath each time there has been a court hearing, hoping for fairness, for a reasonable turn of events, for a review of hard facts and for correction of a frightening nightmare of misperception being acted out in court. But the process seemed only to get worse as time went on. The extreme and inaccurate views of the court and a Guardian ad litem have, unfortunately, become ever more rigidly entrenched. Hence, the difficult decision to appeal.

We have to say, in no way to diminish this very troubling case, that from our experience with many other friends, the clumsy handling of this case in this court is, unfortunately, by no means unique. This case is a poster child for other very similar cases, and it is an urgent clarion call for urgently needed Family Court Reform in Maine. Like most Family Courts in America today, Maine’s courts are in the views of many, badly broken, dysfunctional and urgently in need of reconceptualization and reconstruction. They have lost their moorings in the law, and they are cruelly hurting many of the families and children that they are supposed to serve.

Please, read the enclosed pdf with the details of the Supreme Court Appeal and see what you think.  By all means, share it with friends and legal professionals.  Ask the questions: “Is this how our courts should function?  Is this your image of what you would expect from a court in a democratic society?”

Finally, who is in charge, where’s the oversight?

To view the case click on the link - Dalton Vs. Dalton CUM-13-521

For more information please contact NationalGALalert@gmail.com or find us on Facebook

Saturday, November 9, 2013

Father says No to Child's demand of McDonald's - and loses visitation

What should have been a Happy Meal has turned out to be anything but this for a New York father in a hotly contested divorce case. The court appointed shrink Dr. Marilyn Schiller is branding the child's father as being incapable of caring for his 4-year old son for refusing McDonald's.

The father is fighting back against Dr. Schiller for defaming his character.
On October 30, 2013 father and son were preparing to go out for dinner. The son demanded McDonald's and the father said no. According to reports that son then "threw a temper tantrum" for being denied the Golden Arches. The fathers reasoning for refusal was that he felt his son had been eating too much junk food. So like any good parent he offered his son two options -

1. Pick another restaurant
2. No dinner at all

His son chose the latter and upon retuning back to his mother told on his dad. The mom promptly told Dr. Marilyn Schiller who in turn reported this incident to the presiding judge. Dr. Schiller made the recommendation of having the fathers visitation time reduced. Refusing a child McDonald's must be like burning a child with a cigarette, abusing a child or some other life altering event - at least according to Dr. Schiller.

Who is right here? The father for trying to be a good parent and not giving into the demands of a child and "exercising reasonable parental prerogatives"? Or the court appointed psychologist for recommending a more restricted visitation schedule as a result of not giving into the demands of a 4-year old? If the court appointed psychologist is right in her reasoning that denying McDonald's will cause so much harm to this child that the father's time needs to be restricted then many who are reading this have been hurt by our parents refusal to take us to McDonald's when young. What does it say about the Mayor of New York - Bloomberg - who is trying to curb the unhealthy eating choices that New Yorkers make - like McDonald's and other artery clogging eating establishments -  that he is so much against. Would Bloomberg be considered a bad parent?

Although this is an extreme example of what is wrong with the family court system (the divorce industry, Guardians ad litem and other family court leaches) it does call into question about who really knows what is best for our children. In this case it appears Dr. Schiller and the mom knows what is best (sarcasm intended) - by giving into the demands of a 4-year old. The father does not (again sarcasm intended) because he refused as a parent to give in to his son, his child. What is the lesson that we can take away from this - that as a parent you do what your child wants - no matter how much it goes against your core values as a person or parent. Because if you don't the courts will take what is precious to you as they know what is best (sarcasm intended).

By the way - the mother took her son to McDonald's - reinforcing her son's bad behavior and the opinion of Dr. Schiller.
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For further reading on this case:
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NY Daily News