Topic: Divorce & Child Custody Issues
The Nuclear Option: False Child Sexual Abuse Allegations in Custody Disputes There is a very simple trick, used all too frequently in family courts, that will almost always ensure the immediate elimination of a man's constitutional rights. by Jake Morphonios
(conservative libertarian)
Monday, February 18, 2008
In acrimonious divorce and child custody disputes emotions are tense and tempers flare. Buoyed by litigious attorneys, each side engages in strategic maneuvers to gain the greatest legal advantage. Sometimes a parent, fearing a loss of control or custody over a child, crosses the ethically acceptable bounds of legal warfare. An unfortunate but all too frequently used tactic by mothers is to accuse the father of sexually molesting their child. The mere accusation is sufficient to strip the father of all his custody rights and launch a criminal investigation. Even when no evidence is found to substantiate the allegation, family law courts typically "err on the side of caution" and award full custody to the mother. While national statistics reveal that the majority of all child sex abuse reports are legitimate, when such claims are made by a mother in the context of custody litigation, an estimated 77% of allegations are determined to be unfounded (Tong, 2002).A false child sex abuse allegation made during child custody litigation is a destructive legal stratagem.
Throughout the world, child sexual abuse is considered the ultimate crime. Not even murder generates the kind of raw emotional reaction that results from the sexual abuse of a child. Society acknowledges the innocence of children and responds to child abusers with extreme prejudice. The power of the accusation alone is often enough for public opinion to impeach the character of the alleged child abuser and guarantee legal victory for the mother. According to Jeffery M. Leving (1997), a leading father’ rights attorney, "the use of false sexual abuse allegations to win custody suits has become almost a standard tactic among disturbed mothers and unethical divorce lawyers" (pg 148).The accused may spend years rebuilding his reputation from the monumental damage caused by the accusation.
To investigate the effect of a false child abuse accusation, a child custody survey was conducted; the group was evenly divided between males and females. A scenario was presented in which a divorcing couple was contesting custody of the children. It was stated that both parents were fit and proper. The question posed regarded what custody arrangement would be in the best interests of the child. An overwhelming 94% of respondents indicated that joint legal and physical custody, shared between parents, would be in the child’s best interest, with 78% of respondents indicating that a 50/50 time sharing agreement was appropriate. Another scenario was presented. In the second scenario the father has been accused by the mother of sexually molesting their child. The Department of Social Services and the police conducted an investigation and concluded that there is insufficient evidence to determine whether or not the father committed sexual abuse. The question of custody is again asked. As a result of the unsubstantiated accusation against the father, 79% of the same respondents stated that sole legal and physical custody should be granted to the mother. Only 15% of respondents felt that the father should be permitted a minimum of 50% visitation with the children. In the final survey question regarding the respondent’s personal opinion of child molesters, 42% stated that they should be "locked away for life" and 48% responded that they should "burn in hell". Why do so many mothers file false sexual abuse allegations during custody cases? They work. False accusers in this type of case rarely face prosecution.
The judicial system, likewise, responds to alleged child abusers swiftly and aggressively. Unfortunately for many falsely accused fathers, truth and justice are often niceties which are frequently ignored. Leving (1997) writes, "Based on well-meaning ‘better safe than sorry’ policy, abuse investigators often accept an abuse charge as fact and consider the accused abuser guilty until proven otherwise" (pg 150).This is a significant problem. The US Constitution guarantees that accused persons are to be treated as innocent until proven guilty. In this type of case, however, constitutional safeguards are abandoned. The burden of proof falls upon the accused to prove a negative, or, to conclusively show that an alleged event never occurred. This reversal of constitutional jurisprudence sets a dangerous precedent and ensures the conviction of many innocent men. The destructive power of a false child abuse allegation has been termed "the nuclear option" by law professionals (Tong, 1997).Once this nuclear bomb is dropped, all hope of civil reconciliation is lost. The custody battle escalates into a bitter war.
The prevalence of false accusations is a matter of debate. Disagreement over the proper ratio of false abuse statistics may range anywhere from 20% to 80%.It can be extremely difficult to correctly track the ration of true to false accusations because of the problem in identifying the intent of the accuser. In some instances a mother genuinely believes abuse has occurred. In other instances the mother may not be sure and simply doesn’t know what to do other than to file an allegation of abuse. However, when one considers all factors, including the number of retracted allegations, recantations and the preponderance of cases proven to be dishonest, a fair estimate settled upon by many studies is an average of 77% (Brennan & Brennan, 1994).
False reports of sexual abuse against children are often first reported to Child Protective Services (CPS) or some other governmental social service agency. A safety assessment is conducted by a CPS or social worker (Ney, 1995). During this brief assessment standard questions are asked of the mother regarding the alleged event. At the end of the assessment, even if no proof of wrongdoing is presented, procedure requires the social worker to recommend that full custody be given to the mother as a safety precaution until a full investigation is concluded. This assessment is included in an official complaint and presented to a district court judge. The judge will typically grant an Emergency Ex-Parte Order giving the mother temporary sole custody of the children and restrain the father from having any contact with his children, even when no additional evidence beyond the mother’s word exists. A hearing date is set and the legal battle begins.
The mother gains immediate advantages over the father. First, by giving the mother full custody of the children the court is setting a precedent that will be hard for the father to overcome. Most family court judges believe in maintaining the status quo, and subsequently order the children to continue residing with the mother rather than changing the children’s residence to that of the father (Hardwick, 2004).A second advantage for the mother is that the children are unable to communicate with their father and a process of alienation begins. The more time that passes without contact, the greater the alienation. During this period of alienation, a child may be coached by the mother to support the allegation against the father.
After the Emergency Ex-Parte Order has been granted, an investigation of the allegation begins. As part of the investigation, the child is examined by a medical doctor for physical signs of sexual abuse. It is rare that evidence is discovered. The child is also seen by social workers who use items such as anatomically correct dolls to try to encourage the child to talk about what happened. Even when the child states that nothing happened, the investigation continues. After a series of interrogations, which often serve to reinforce the false story in the child’s mind, the child may eventually say something or play with the dolls in such a way as to cause the social worker to suspect abuse (Tong, 1992).As part of this ongoing investigation by both CPS and local law enforcement, the reputation of the father is constructively destroyed by the investigation. Family relationships become strained. Employers tire of granting time off work to accommodate the father’s frequent court hearings. Social relationships are damaged, often never to be repaired.
The very process of being investigated causes many men to give up and grant the mother everything she wants from him. Sadly, many fathers are so traumatized by the horror of the process that they commit suicide (Seidenberg, 1997).False abuse expert, Dean Tong (2002), says of the emotional state of the accused:
Sleep is forever elusive, night-terror becomes common-place and depression is a constant companion. Rarely is there any support to be found within the community and rarely is there any sympathy for the falsely-accused. Throughout it all, you must bear the title "abuser," until you prove otherwise, if you can. Disorientation, denial, shock, confusion, anxiety, and disbelief are constant. Lack of concentration is a chronic problem, exceeded only by the frustration of being denied the right to see your children. (pg 25)
Immediately, the father finds himself in a maze of confusing litigation. He spends thousands of dollars to retain an attorney. Police often request the father to take lie detector tests. Even though he submits to and often passes several polygraph tests, it does him little good as the tests are not admissible in court. A single attorney is rarely sufficient to provide an appropriate defense in this type of case. Thousands of dollars must be spent to retain psychologists and other expert witnesses in the fields of sexual abuse. In an attempt to prove their innocence, many fathers submit to invasive psycho-sexual testing, such as the penile polygraph. In this particular test sensors are placed around the penis and variety of video images are displayed to the father, such as children playing in water or little girls in bathing suits. The subtlest of sexual responses while looking at images of children will condemn the father. The cost of testing, attorneys, expert witnesses and other legal fees in this type of case often exceeds $50,000.The father sometimes has to mortgage his home and sell his assets to afford a sufficient defense. Naturally, little money is leftover at the end to use in a custody case.
In most court districts throughout the United States, judges run for office as any other politician. If a judge takes, or fails to take, an action that leads to the abuse of a child by an alleged child abuser, his political career may be over. Political expediency is a strong, yet unspoken, factor in emotionally charged cases such with child sexual abuse (Seidenberg, 1997). When a father has been falsely accused of molesting his child, even when no evidence substantiates the claim, he often loses custody of his children because the court decides to "play it safe". The father may not go to jail, but the temporary order preventing his access to his children is frequently made permanent. By no fault of his own, the father has lost his children, all because a mother chose to fight dirty in court. For the unfortunate father who loses his criminal case, he is locked away. Sentencing for child molesters is typically longer than sentencing for murder (Seidenberg, 1997).Men convicted of child molestation are constant targets of prison abuse by fellow inmates. Fathers, unjustly incarcerated, become bitter and less productive members of society.
The father is not the only victim in a false child sex abuse allegation. Children are also victimized. Not only does the child have to submit to numerous interrogations and invasive tests to determine if abuse occurred, but needless therapy is often prescribed. The child, knowing at first that nothing happened, is subjected to counseling that reinforces the story that abuse has occurred. In time, many children grow to believe and accept that their fathers molested them. The emotional trauma is life-long. This phenomenon has become so common that psychologists have given names to the syndromes that result from false abuse claims, including Parental Alienation Syndrome (PAS) and Sexual Abuse in Divorce (SAID).The allegation is, in itself, a form of child abuse (Wexler, 1990).The loss of self-esteem, the destruction of the father-child relationship, the mental and emotional damage and premature sexualizing of the child are all very real results of a false abuse accusation. Children who grow up believing they were sexually abused often develop deviant sexual interests and proclivities. No child should be treated so heinously by parents embroiled in a legal chess game.
A false child sexual abuse allegation, while usually ensuring the legal victory for the mother, is destructive to all parties involved. Child molestation is a terrible crime and false accusations play on the natural prejudices of society to the extent that victory can almost be guaranteed for the accuser. The loss of fathers in the lives of their children has many negative consequences for society as a whole. Laws need to be passed that protect the rights of the accused as in any other type of trial. Penalties for false accusers must be created and imposed. Social workers, judges, and others involved in the investigation of this type of allegation must be taught the syndromes that affect children when a false abuse claim is made. Sexual abuse claims made in the middle of custody proceedings must be viewed with some skepticism. Judges must be made aware of the usefulness of certain scientific tests, not currently admissible in court, which may help to vindicate the accused. Finally, an emphasis on more stable families will lead to fewer divorces, and, therefore, fewer false abuse claims. Until these, and other, reforms take place, innocent children will continue to be used as pawns in a senseless game of legal strategy.
References:
Brennan, Carleen, & Brennan, Michael (1994).Custody for Fathers: A practical guide through the combat zone of a brutal custody battle.Costa Mesa, CA: Brennan Publishing.
Hardwick, Charlotte (2004). Win Your Child Custody War.New York, NY: Pale Horse Publishing.
Leving, Jefferey M. (1997).Fathers’ Rights: Hard hitting and fair advice for every father involved in a custody dispute.New York, NY: Basic Books.
Ney, Tara (1995).True and False Allegations of Child Sexual Abuse: Assessment & case management.New York, NY: Brunner/Mazel, Inc.
Seidenberg, Robert (1997).The Father’s Emergency Guide to Divorce-Custody Battle: A Tour through the Predatory World of Judges, Lawyers, Psychologists & Social Workers, in the Subculture of Divorce. Takoma Park, MD: JES Books.
Tong, Dean (1992).Don’t Blame Me, Daddy: False accusations of child sexual abuse. Norfolk, VA: Hampton Roads Publishing Co.
Tong, Dean (2002).Elusive Innocence: Survival guide for the falsely accused. Lafayette, LA: Huntington House Publishers.
Wexler, Richard (1990).Wounded Innocents: The real victims of the war against child abuse. Amherst, NY: Prometheus Books.
Jake Morphonios is a civil rights advocate and North Carolina State Coordinator for Fathers 4 Justice - US. The political opinions of Mr. Morphonios do not represent those of Fathers 4 Justice. Neither Mr. Morphonios nor F4J-US provide legal advice or assistance with individual cases.
Fathers seeking support or information, or other parties interested in becoming involved in the father's rights movement may contact Mr. Morphonios at: jake.morphonios@nc.f4j.us
Please read the article below and share it with others to spread the word about the importance of the role of fathers in the lives of their children:
The views expressed in this
article are those of Jake Morphonios only and do not represent
the views of Nolan Chart, LLC or its affiliates. Jake Morphonios is
solely responsible for the contents of this article and is not an
employee or otherwise affiliated with Nolan Chart, LLC in his/her role as a columnist.
Posted By: Walt Thiessen
Date: 2008-02-18 13:01:46
Excellent article, Jake. This article is the kind I hoped for when I originally started this website.
I have three questions.
First, what is the frequency of suicide in false-accusation cases?
Second, what is the frequency of imprisonment of the father in false accusation cases?
Third, among those cases where a preponderance of evidence suggests that the charge is false, what percentage of mothers are charged with filing a false report?
As more judges are going through divorce themselves, the myth of "mother knows best" is slowly falling apart. There is no penalty for a false accusation. I'm sure it happens over 80%.
Those "temporary" rulings in the first hours in a divorce or a legal separation are almost impossible to amend. I've sent enough of my retirement savings to my lawyers. Luckily my case never got as bad as Tong's.
Six more years of this crap. If it weren't for my new and improved wife, I would have given up and given in. I don't approve of men who leave their families behind, but I can relate. Sometimes you just want the bitchfest to stop.
Dean Tong and Glenn Sacks are my heroes.
I'd be interested in any new information and statistics that you may come across.
Don't kid yourself, a false claim of Domestic violence is just as effective in a divorce, it will yield an immediate PPO, it will get you stuck with thousands of dollars in legal costs while she gets a free attorney compliments of the State, who now becomes the plaintiff. Additionally, since the State doesn't like to lose, most states have watered down the required proof to only "preponderance of the evidence", a standard so lacking in requirements that all the state needs to do is prove it's jus as likely it did happen as it didn't - far from the "proof beyond all reasonable doubt", the criminal standard.
Thankfully, I am a happily married man with three beautiful children, but I have a lot of sympathy for this ever since first reading about it in Reason magazine years ago. My wife and I have also discussed these issues over the years, as we often discuss political and social issues together. Much to my surprise, my wife refuses to accept the idea that the system is rigged against fathers, though she admits a certain prejudice against men accused of abuse, she's pretty open-minded about everything.
If my wife, who is fairly reasonable and open-minded, doesn't believe the system is rigged against fathers, even after seeing such evidence, then fathers up against the system have a long row to go to gain sympathy from the general populace.
A local religious sect here in Abilene Texas is the target of a 'witchhunt' using CPS as the tool. Not only is the constitiution done away with but every vestige of due process is thrown out the window. There is little defense except 'keep your mouth shut'. Admit/say nothing to any investigator. They seek self incrimination to corroborate annonymous charges which won't hold up on their own. The ultimate defense is criminal and civil suit against the individual perpetrators and not their agencies.
Ultimately, all bear responsibiltiy for their actions no matter what color of law they operate under. Accountability is a very powerful weapon.
Clearly there is a pressing need for false claims of domestic violence or child sexual abuse to be vigorously prosecuted or punished.
A person making such a claim should be faced with a significant downside.
Now the husband is on a hiding to nothing. The wife has nothing to lose.
My personal experience: During a business breakup my female partner said to mutual friends, "I was always afraid in the back of my mind that one day John might sexually molest my daughter." Ever tried to defend yourself against that type of allegation? A year after everything had settled down she apologised for saying it; explaining that she felt she needed an edge. But the damage done to my reputation is never completely arased.
I have a grandson who just last week was transferred to Lovelock State prison for 20 years to life for a child molestation conviction. A crime for which he is 100% innocent. the details of his case are very similar to this article, he was accused of penitration of the childs vagina with his finger, all testamony by the little girl (4 years old) her mother and grandmother, primarily and the back up of a person from child protection services and an officer from the County. All hearsay and all from their interview with the child. The childs mother was the girlfriend of my grandson who got mad at him over some incidental issue, with the results absolutely devastating to his family. He submitted to a lie dectector test only for his personal satisfaction and that of his family, and was found to be telling the truth, (not admissable in court). He is being represented by an appeals Attorney for presentation to the Nevada Supreme Court, and we pray he is found innocent. Your articles on this subject point out the emotional misuse of such cases and the law should require Professional substantiation of such charges, physical evidence, or eyewitness to bring such a serious charge to trial. In addition punishment to false charges confirmed should be just as strong as their accusation.
I would just like to say bull crap!. This is ludicrous. When a child discloses to a parent that the other parent is molesting them, the parent told reacts. The system fails to recognize the problem as family. Advice is given to go into a protection mode. A parent doesn\'t possibly know what this creates but trusts that the outcome will benefit the child. When in reality it hurts the child severely. Accusations of child molestation cause divorce. Divorce does not cause accusations of child molestation. They happen simultaneously. The problem is the court system does not know how to deal with it effectively and the children ultimately are the ones who suffer. I would really like to see the statistics on parents who are charged, found guilty of molesting thier own child, without admittance. I doubt any exist. This is an epidemic and a solution needs to be made not blame. Parents never liked to discuss sex with children at any age. I do believe parents are more open to the subject but it is still uncomfortable to most and maybe all. Just because a party isn\'t happy with a marriage isn\'t going to alter that judgement. Think about it. A parent sitting down with a child trying to convince them that their other parent did a sexual act to their genitalia. Wrong! No way! No how! It ain\'t possible. Come on lets get real. Children at a very young age are so innocent that they disclose information to parents who they trust, through play, immagination, whatever. My children are victims of the system. I know first hand how it works. I know cases are individual and unique but I also know that molestation occurs in the home. No matter how much one doesn\'t want to believe it, it is true. When it happens and the other parent reacts the cause of the reaction is manipulated and then ignored, and the child/children are damaged forever. Not so much by the act of being molested but putting the children in the hands of the court system. A child subjected to molestation is healable damage caused by accusations are permanent and irreversable. Think about that for a change.
Forgive me if this seems a little off subject here...
I was lucky. My ex was not listened to when she tried to falsely accuse me of molesting our daughter. I guess her reputation had preceded her to the local authorities ;)
I raised my daughter single handedly from adolescence to adulthood as I was her choice for full time parent. She is married, almost 30, and has given me a beautiful grandchild.
Today, I am key person in a high tech startup with broad IP. A founder has accused me of molesting my daughter while I was raising her. He has threatened to bring hearsay evidence to a shareholders meeting.
So far, I have pretty much ignored him. But my disgust and revulsion at his attempts to steal my patents (and my granddaughter's future) is serving to burden my productivity.
Women who falsely accuse men of child molestation should lose their right to reproduce, and have their reproductive organs surgically removed. I am of the opinion that these women should be imprisoned for the balance of their lives and the child should be removed from her care and placed permanently with the father.
In addition, women who "coach" their children in a false accusation, should have their voice box surgically removed during the sterilization operation, as thery no longer deserve the ability to speak.
Any woman who would use this type of allegation, and draw the child into what is an abhorrent lie, no longer deserves to be on the same planet as me. I have absolutely NO feeling whatsoever for a woman who would do this to a man.
My ex has made numerous accusations against me starting with causing diaper rashes, then domestic violence, then emotional abuse to our daughter, and now its making child pornography and molestation of our daughter. Everytime she is proven to be lying and she keeps uping the ante until now she has taken the "nuclear option". No one takes her serious because of her long history of false allegations and complete lack of evidence except her word. California has recently put laws into affect that will bring serious reprecutions to her. I am still awaiting court but my lawyers expect her to lose all custody because she is making her accusations in front of the child and coaching her to say she is being molested. Our daughter is almost 3 years old. This is by far the most horrific and stressful thing i have ever been through. This article is excellent and truthful. The system is being abused more often as a tool to gain custody easily and cheaply than going through a real legal battle based on fact to find what custody situation is best for a child.
This is a good article for those fathers that have been falsely accused, but what about the fathers that will hide behind this article that are guilty? I am a mother of a child that was sexually abused by her father. And all of you supporters are right, there is no evidence. Just my daughters word that he touched her. Do I believe her? You bet I do. Will I protect her? You bet I will. But the system is abusing her just as much as her father. He is able to bring anything he wants into the courtroom as his defense and the prosecutor cant do anything about it. He is trashing me and my other child who is an adult. He has moved to another city in the area but continues to have contact with other people in the community, telling them he is not my daughters father, accused me of multiple affairs, said my son stole expensive items from him. At a time when my daughter needs the most support from friends, family, and the community around her, her father is attempting to turn all of these against her. So to all of you women out there who would falsely accuse any man of doing this to your child. Please dont. It makes it harder on the real victims of abuse. And to all you men out there who feel the need to touch a child, may you burn in hell with my now soon to be ex husband.
Posted By: LINDA ROBERTSON
Date: 2009-10-08 11:19:02
In the article, 'The Nuclear Option: false Child Sexual Abuse Allegations in Custody Disputes', dated February 18, 2008, you stated that "Judges must be made aware of certain scientific tests, not currently admissible in court, which may help vindicate the accused." My questions are? What are these scientific tests?
Have they become admissible since Feb. 2008 or have any other tests become admissible?
My name is Shelia Bradley-Smith and I am writing this letter on behalf of my daughter Valencia Howard.My daughter had written to the Commission before and after doing so, her legal battle became worse.My daughter filed in court for the custody of their two sons and was treated very badly during the procedures and to this day is under constant attack of the attorney and her ex husband.My daughter has never used drugs, liquor, tobacco, or anything that would make her a potential risk factor to her children or no human for that fact.During the court hearing, the attorney presented a case file that had false allegations of sexual abuse and made accusations of psychological problem against my daughter.My daughter could not afford an attorney because she had always been a stay at home mother, before and during the time of separation. In March of 2008, her husband took the oldest son from the mother after they were in church and refused to return the son. In court, the attorney made it seem like he was a father trying to keep his son from harm from her breastfeeding. The ex made false sexual abuse allegations, which were unfounded, mental instability, also unfounded. My daughter and many mothers practice extended breast feeding and that has no sexual bearings or implications at all. During the hearing, Judge Camille Banks-Payne made bias statements to and against my daughter in court. She continuously interrupted my daughter’s testimony and immediately degraded anything my daughter attempted to state on her behalf. The attorney didn’t hardly have to question my daughter, the judge made their case for them. While overlooking any of the facts of the ex husband. Judge Banks-Payne also denied my daughter the opportunity to go into the lobby and breast feed her then seven month old son. She told her she should have pumped her milk. That was not and should not have occurred. She caused my daughter to become gorged and my grandson to be without milk for almost three hours. That was child abuse. She ordered my daughter to get a job, pump breast milk at the husband’s request, and awarded her five hundred dollars for the car that her ex had taken without considering marital property.Unfortunately, this Judge allowed the attorney Matt Hanes(an attorney that works with the firm of Tash) to put demands in the order that were not even stated in court during the hearings.Upon having the court date in April 2009, the Judge asked my daughter if she had obtained a job, completed the psychological evaluation. My daughter stated that she had obtained employment and had completed the psychological evaluation.My daughter had no control over the timeliness of the evaluator to get that information into the courts.
Because it appeared to the Judge that my daughter did not have proof of the requirements she requested, the children were given to the father and my daughter was given supervised visitations.Judge Banks-Payne had her clerk to call my daughter and inform her of a scheduled meeting or hearing in her chambers a few days later. This time no one was allowed in the meeting but the Judge, Attorney Gary Tash, Regrick Howard and Valencia Howard.My daughter informed me that she felt that in order to see her children unsupervised (which costed money to visit) she had to agree with what they wanted in order for her to have regular visitations. My daughter had also filed in the courts requesting the Judge Banks-Payne remove herself from the case. According to my daughter, the judge told her that she would no longer be on the case anyway so that was not necessary and also allowed the attorney to explain that holding the appeal over them would not be necessary. Unfortunately, upon receipt of the actual written order, it showed that she had been railroaded completely.Judge Camille Bank-Payne insisted on maintaining jurisdiction and control over this case from the very beginning.Before the court hearing in April 2009, my daughter and I consulted with an attorney and she didn’t accept the case, but she did act as someone who wanted to advise my daughter on what to file in court via emails. While surfing the internet, I found on Judge Bank Paynes friends list on facebook, the very person whom we had consulted with was one of her friends on facebook profile. I during the consultation did make the fact known that I felt that my daughter should contact the Commission about the bias Judge Banks-Payne had openly demonstrated during the hearings. I honestly believe that that attorney told her about our plans and therefore made the judge even more heartless to rule against my daughter.
I also had my daughter to file in the courts a motion to have some items taken out of the orders because that was only items that the ex husband and the attorney added to oppress my daughter. Some of the items were suppose to be taken out, but the attorney Gary Tash uses them in court now.My daughter and her ex husband agreed upon not vaccinating the children because of a reaction that the oldest experienced when he had some of the shots. That was used to take the children away from my daughter, even though, they had agreed and for religious beliefs my daughter was against vaccinations.Finally, the judge ordered the children into daycare to make sure they received vaccinations and she totally disregarded the recommendations of the Guardian Ad Litem and thepsychological examination.Both recommended that they both have shared legal custody, but because Judge Banks-Payne had personal bias and a reason to dislike my daughter ruled against my daughter. This was not and should be looked into. Not only did they deceive her in the private hearing but allowed the attorney to put in the order that my daughter could not appeal the decision.Now that Gary Tash has been representing her ex, we feel that because he was a previous judge in that district, my daughter has no legal justification because he has influence and friendships with most of the judges. Also, Gary Tash and Regrick Howard sit in court giving each other high fives and they too are facebook friendsI feel that my daughter rights as an upstanding citizen are and will continue to be violated. The judge totally ignored the fact that this man made false unfounded allegations about my daughter but because she was now low income, living in low income housing, have a college degree, and should be working gave legal sole custody to their father.Mr. Howard himself abandoned the home and gave her only $200.00 for their support prior to court and my daughter even sign an agreement to allow him to pick the children up daily because she felt it to be important to the children to be with their father also, now because of a heartless judge and a cut throat attorney with clout, my daughter and grand children have to suffer.
Recently, Mr. Howard filed a contempt charge against my daughter when the wrong pay rate and hours were intentionally submitted in court and causing my daughter to have to pay $800.00 per month, at the beginning of each month, that Gary Tash should not have submitted until he received employment verification that detailed rate of pay and hours; as discussed in the private hearing in April 2009. The attorney also added that I am not to interfere with visitations in the order and I have done nothing.
I am asking that you do a complete investigation of the biases of Judge Banks- Payne, and the affiliations and influences that Gary Tash have and order complete transcripts of all the hearings. I beg that you please help her.It seems that the influence of being a previous judge gives them the total advantage and the bias Judge Banks-Payne has allowed this miscarriage of justice to occur. As a result, my daughter is forced to be placed under the cruel punishment of her ex husband that is enforced by a justice system that is suppose to be for all the people. She don’t deserve to be kicked down for being a good mother, forced to be homeless, or to go to jail because she don’t have an attorney.Please help her, please.
i am so glad to have found this article. we have been dealing with a court case that is pretty much exactly as you described.
my husband filed for divorce in san joaquin county california in 2002 and requested 50/50 custody of the 3 y.o. son they had together. not 2 months later his ex went to cps and made some sort of abuse claim regarding her daughter from a previous relationship (i don't know the exact nature of the claim as my husband was never told). the ex then went and filed for a restraining order with the family courts she told them that if she didn't cps was going to take her children from her. they granted the temporary restraining order. when they went back to court the cps worker who was "investigating" the claim didn't even show up for the hearing. when the court called her to ask what conclusion they had reached they were told that the abuse case was "indeterminable" WHICH MEANS IN CALIFORNIA "WE DON'T KNOW". they don't care whose life they are RUINING by leaving this FALSE CHARGE hanging over my husbands head. the judge then removed the restraining order. but primary custody was granted to the ex. Whose only concern is the child support she at one point has told us you can have him if you continue to pay me child support.
We are still to this day dealing with this false charge. When we requested primary custody because the ex was living with no utilities and refusing to take their son to the doctor when he was sick we were denied. The court mediator actually referenced the charge to our lawyer stating that "cps was the eyes in the back of her head"
We have tried to obtain copies of the charge but cps says they will give the info to the family courts if requested but for us to get copies we have to subpoena them. same thing with the police dept. that interviewed my husband the type of charge makes the report private (even though he was the one being interviewed)
if anyone has any advice on this situation please leave a comment. thank you
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