Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?…' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.

2 from 2002 and the Kitchen Sink: Why Sociologists (are hired) to Rule America

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Bifurcating Parenthood (Georgetown), 2-Pronged Fatherhood (Progressive Policythink), Ridiculous Rulings (in Kansas) and Who Rules America (UC sociologist)

Today’s post (extended and updated from yesterdays, which I published in short form) has 4 (FOUR) parts:

1,

2,

3,

4.

As is usual for me, the “juice” that inspired the post is in the middle, [2-3] the Intro, and the kicker [4] at the end, and the Intro [1] sometimes gets so extended, I never actually publish the middle.  So we have:

1, Symbolizing Judicial Tyranny (dombrowski)

2, Parental Bifurcation (2002 Georgetown article)

3, The 2nd prong of Fatherhood (2002 Progressive Policy-think)

4.  Jobs ain’t Wealth & Who Rules America (since we just saw how).

As is usual for me, the “juice” that inspired the post is in the middle, [2-3] the Intro, and the kicker [4] at the end, and the Intro [1] sometimes gets so extended, I never actually publish the middle.

4 was simply me mentioning the theme of “income v. wealth” that I know by now is critical in the social engine called these courts. It’s basically workforce development, and US/Them paradigm. There are several links and quotes. I could’ve chosen any. But it will hold together, I trust. At the top, I’m going to post a QUOTE from a Professor Dumoff, a sociologist at UC Santa Cruz. It’s from his site “WHO RULES AMERICA?” which is a good question. More below, at the banner.

In my last year of research and reflection (including on my own experience) of who’s doing WHAT in the courts an WHY those dang nonprofits have been useless, basically, I had to get to foundations, who support the nonprofits doing nothing. Then I began to understand the forces that are driving America into materialistic chaos, to sustain a global economy based on permanent debt. I feel this ain’t too bad work, considering what have also been through in the “decade of the courts” in my adult life.

Who Rules America?  By G. William Domhoff, University of California at Santa Cruz

I suggest we read this site THROUGH.

I am burnt out on reporting on outrageous family law cases, also beseeching noncustodial parents I know to take a little more critical look at organizations — not just good/cop  bad/cop individuals.  I have . . . . .   I also have repeatedly encouraged people to take a very illuminating glance at some of the IRS 990s on some of the “helkping” organizations who continue to pay CEOs over $100,000 year to report on the carnage or insults to personhood.

Losers in the family law situation who don’t end up physically and emotionally dysfunctional might definitely end up homeless may definitely end up homeless, male or female.  Yet there’s a real reluctance among litigants to not just look at the role of the child support system (federal) as a planned move to socialism for most of us based on policies set by the foundations hiring the nonprofits selecting what will (and will not) get talked about in the arena.   They may blog or acknowledge it briefly, then go back to collaborating with the closest nonprofit that makes a big noise.

Battered women who’ve gone into the family law court after leaving the relationship are in a UNIQUE position to understand and speak to the power structure from underneath, analytically and as to attitude.

Once I began looking at organizational structures (it helps to have a model  of a virtual “gang” in one’s own family for reference) I never stopped looking.  Here’s a diagram for the more visually organized:

This is how such an inane policy as “fatherhood” could actually go through Congress, and get enacted.  It’s a form of psychological warfare, basically, to frame the conversation nationally, yet fail to inform have the litigants in court that the conversation is taking place.

ANYHOW, this represents my post for today, and welcome to it.  Do your own homework!

Here’s from Part 4, to think about in 1, 2, and 3:

  • “The rich” coalesce into a social upper class that has developed institutions by which the children of its members are socialized into an upper-class worldview, and newly wealthy people are assimilated.
  • Members of this upper class control corporations, which have been the primary mechanisms for generating and holding wealth in the United States for upwards of 150 years now.
  • There exists a network of nonprofit organizations through which members of the upper class and hired corporate leaders not yet in the upper class shape policy debates in the United States.

This I can attest to. See (for a starter) “shady shaky foundations of family law” and some of the organizational geneaology. IN good part, that’s what this blog is for — to show the connections. This tells me also why the “Coalitions Against Domestic Violence” simply “cannot” hear our truths.

  • Members of the upper class, with the help of their high-level employees in profit and nonprofit institutions, are able to dominate the federal government in Washington.
  • The rich, and corporate leaders, nonetheless claim to be relatively powerless.
  • Working people have less power than in many other democratic countries.

1, Symbolizing Judicial Tyranny (dombrowski)

If I don’t post something more “detached” today, I’m going to post the entire docket for Hal Richardson v. Claudine Dombrowski in the “Third Judicial Court of Public Access,” Kansas. Claudine has been in this system for 14 + years, and isn’t broken yet, though it’s making a good effort to do so to her. Her case also illustrates the cognitive dissonance between criminal and family law, and between family law as stated and as practiced. Not to mention what the U.S. is doing to the half of parenthood in the United States who are female. We are still fighting for recognition as human beings and thus covered under civil rights, due process, etc.

Even though I know so much about this case, it’s still possible to be entirely shocked at the behavior of the court and court personnel in it.

As summarized in a blog, August 1, this year

Judge James P. Buchele, who refused to permit adequate testimony at trial, shortening it to benefit his docket, and also ordered Claudine to move back to Topeka to live near Richardson, for the sake of their “co-parenting.” WHAT?! Richardson is a man with multiple criminal convictions for violent behavior (Battery, Attempted Battery, Battery of a Law Enforcement Officer, Obstruction of Legal Process, Possession of Marijuana and violation of Open Container law), a man who has beaten and raped Claudine multiple times before and after her divorce from him, a man who has threatened to kill her and her child.
Worse, Judge Buchele also ordered Claudine not to call the police any more without the permission of her case manager. When Judge James Buchele retired, Judge Richard D. Anderson
affirmed Buchele’s previous orders, including the illegal prohibition on Claudine’s being able to call the police.

As reported in Manhattan (KS) Free press, July 9 years ago (also see blog):

The divorce proceedings were extended for eighteen months. Throughout the proceedings Claudine’s attorneys filed numerous reports claiming violations of the restraining order and requesting an order to sever contact between Hal, Claudine and daughter Rikki.

The first involved an incident that both parties agreed in court happened, they just could not agree what happened. Claudine said she was hit in the head with a crow bar and Hal said it was a piece of wood. What ever he hit her with it took 24 stitches to close the head wounds.

At a hearing on June 17, 1996 Shawnee County District Court Judge Jan W. Leuenberger signed order giving custody of Rikki to Claudine and authorizing her to move to the Great Bend area so that “Ms. Dombrowski could avoid the history of physical and verbal abuse she had suffered from Mr. Richardson.”

In other words, were she not a mother, she would have the right to flee to protect her unalienable right to LIFE. However, unknown to her, other things had already been cooking in Congress around this time, which are mentioned below. In 1994 a little National Fatherhood Initiative had been formed. In 1995, then-President Clinton had issued his (in)famous Executive Order about Fathers. In 1996, we have Welfare Reform, some of the Congressional Testimony of which I posted recently and which is summarized below on a site calling itself “Progressive Policy.” I call it Regressive, because it results in cases like this. You can track the REgression in individual cases, and how it happened, through adding personnel besides the judge.


Hal was given supervised visitation

Why this Supervision shouldn’t have been done with him inside a jail cell, I just don’t “get.” Rikki must’ve seen her mother’s stitches — what message does that send to a young girl? It’s OK for fathers to beat up mothers, right? A family court judge will sweep up the evidence . Whistleblowers will be punished.

Reading on in the case, he WILL get even for even that restriction. A GAL will help, Scott MacKenzie (if I can keep the narrative straight who did what when….) In time — that’s how these things go — Supervised visitation will be switched to the mother. Then, her fight will be to get that UNsupervised. She will win that “privilege,” but apparently wasn’t docile enough, because she then loses all contact entirely for a while. It’s all in the record. Meanwhile, the various parties are REAL serious about getting the money she owes absolutely everyone for these types of “services.”

In Judge Buchele’s Orders after the trial he made it clear that he wanted more from this couple than what was possible. Here is what he wrote: “Mutual parental involvement with this child has been made worse by Ms. Dombrowski’s unilateral decision to move to Larned, Kansas in May of 1996. The distance between Topeka and Larned makes it virtually impossible for an individual treater to work with the family; for Mr. Richardson to have regular and frequent contact with this child; to establish any reasonable dialogue between the parents toward resolving their conflicts. The move from Topeka to Larned, due to the proximity of the parties, has lessened the physical violence. It has, however, done violence to the relationship of Rikki and her father. If long distance visitation is continued, in the Court’s view, will take its toll not only on Rikki but each of the parties. The Court specifically finds that separation of the child from either parent for long periods of time is harmful for a child of about three years of age.”

And THERE, “in a nutshell,” you have how a family law judge skillfully Re-frames the conversation and Re-Prioritizes it from safety to reconciliation. Better Claudine maybe die the next time than a father’s rights be conditioned upon not abusing them — or her. Sounds “squirrelly” to me. A woman gets temporary reprieve and safety, then this is reversed, and made worse. The decisions become more and more authoritative.

He then went on to require Claudine to move back to the Topeka area.

And then Judge Buchele made a judgment that some Manhattan attorneys say is not legal. Judge Buchele ordered: “Further, respondent (Claudine) is directed to not call law enforcement authorities to investigate the petitioner (Hal) without first consulting with the case manager.”

On December 14, 2000 after returning her daughter to her fathers home Claudine alleges that she was battered and raped by Hal. Under order not to call law enforcement authorities and with bleeding that would not stop, she drove to St. Marys, Kansas to get treatment. Claudine knew that if she had gone to a Topeka Hospital they would have called the police.

In St. Marys hospital officials did contact the Pottawatomie Sheriff and a report was made. She was advised that because the alleged event occurred in Shawnee County she would have to file there.

RIGHT THERE — is a typical “between a rock and a hard place” situation. I have experienced a modified situation, where I was so frightened, I drove, fast, to a police station in another city. They told me to go back to practically the scene of a stalking incident that had terrified me. There, I was treated abominably by officers, who refused to report, though dispatched to do so by the intake person who heard my voice; the incident was also witnessed by others, and signed letters are in the file.

Claudine had a choice of, NOT REPORTING, saving her own skin (to hell with her daughter) and just dealing with it. Supposed the injuries had been different and the bleeding faster, and she didn’t TRY to appease an outright vicious court order, but reported right in Topeka at first, and going straight from having wounds tended to, to jail (or soon thereafter) in contempt. She did what any mother would in a crisis — stop the bleeding, let the mandatory reporters (probably ) report, and go save her daughter.

Claudine said that because of the battery and rape she picked up Rikki the next day and did not return her.

Now, does that “revise” your opinion of what Sherriff’s Departments are in the business of?

The Shawnee County Sheriff’s Department was called and took Rikki back to Topeka. The court gave Hal custody and orders for her to attend Topeka schools.

As it stands now, [2001] Rikki is with her father in Topeka. Claudine gets two one-hour visits per week

Here is a link to that ex parte, JUDGE-initiated order (Neither party initiated it. The judge in this matter totally redefined his own role in the courtroom. This judge ain’t the only one around doing this.). Can you read it? The link is “scribd” and take a while to load. My computer is too slow today to load its 11 pp. Also, I’m curtailing my own commentary because even keystrokes are coming out one at a time, slowly. I can only fill up a short “buffer” zone, about 4 words, and then have to just wait for it to catch up.

Shawnee County District Court– Topeka, Kansas, 200 SE 7th Street 66603 Div 2 – Hon. Richard D. Anderson (785) 233-8200 Ext. 4350

Order without motion from either party WITHOUT Hearing on his OWN—I REPEAT on his own

Took my daughter and gave her to a KNOWN AND convicted Batterer and drug abuser AND CHILD RAPIST

Fast-forward 9 years or so. ..

By way of a 2007 Petition before the “Inter American Commission on HUMAN Rights” On Item 17 Courageous Kids personal stories, please read “Letter to IACHR by siblings” (#3 )here. These are 4 siblings now aged out of the system, detailing what happened when they called the cops, or ran away, what happened to their mother; how one girl was thrown out by her father and forced to live in a car for a while in retaliation. It’s only 3 pages. These are the types of fathers getting custody in this system.

THIS site has links to more details:

https://i0.wp.com/rightsformothers.com/wp-content/uploads/2010/08/POTUS.png

Claudine Dombrowski:  An abused mom victimized again by the Kansas Courts

People are outraged everywhere. The last time 15 year old Rikki called to cancel her two hour Sunday visit she is allowed each week with her mother, she was crying on the phone and said she couldn’t come. Abuser WOS (waste of skin) Hal Richardson was yelling in the background, and Rikki cried more. Dear Claudine told her daughter it was okay, that everything would be okay. That was it. After that, not even a phone call to cancel, Hal Richardson failed to produce Rikki at the Topeka Police Station as he was ordered to do. Nothing. And the court let him get away with all 67 violations of this court order on August 20th when they went to court.

(the woman who writes this, above, herself lost contact with her own mother, a generation earlier).

(Compare, above, when Claudine “messed up” by going to a hospital, even though she attempted to go to the politically correct one, in 2000. I believe this was when she was punished for bleeding and trying to regain her child, by losing custody of her child then about-5-year-old daughter.)

Contrast this case history and pattern of bad ethics and decision-making with the more detached narratives, below.

2, Parental Bifurcation (2002 Georgetown article)

I decided to post two pieces (first — long / second – short) that talk openly about the social agenda in the family court/ family law arena. That SOCIAL AGENDA is what most offends me about the Family Law Process. Not its equally destructive consequences. What’s most offensive is how the process eradicates precious civil rights, that are encased in the documents foundational to our country. An elitist attitude and practice, that disdains these, needs to be dismantled. Instead, they have become increasingly blatant and oppressive (similar case, CA 2000/StopFamilyViolence.org site reporting).

[Criminal jury exonerates mother, after she was jailed, fleeing to protect her children. Ignoring this family law judge STILL leaves custody with the abusers, and mother has to pay to see her own children. This is how “supervised visitation” — marketed and sold to the public as protecting children from violent FATHERS, is being used to punish protective MOTHERS),]

even after people are dying as a consequence of bad custody calls (2 women and a man dead, Maricopa Co., AZ, 2009/StopFamilyViolence.org site reporting).

I hope the people I network with as well as visitors will download and read these. The first one may explain why so many of us are being treated dismissively and as silly putty to be stretched, bounced, and reformed in amusing or comical distortions that please the manipulators rather than acknowledging that they are of the same substance as us, as human beings, just occupying different seats in the room.

(1) BIFURCATION

in the Legal Regulation of Parenthood

This is 44+ screens long and from GeorgetownLaw; popped up under a search for “The Origin of Family Law.”

I look forward to reading the rest of it. The “bifurcation” around gender. You will see…

There are some misspellings on the website. Font changes are (most likely) mine. I am not indenting for the quote, and will put any comments in bullet form

Parenthood divided: A legal history of the bifurcated law of parental relations

INTRODUCTION

The American law of parent and child is conventionally understood to be extremely deferential to parental prerogatives and highly reluctant to intervene.1 But this picture, endorsed by legal authorities and popular commentators from the nineteenth century to the present day, reflects only one tradition in the law’s regulation of parenthood. Since the last quarter of the nineteenth century, {{1875-1900}}there has also been massive legal intervention into the parental relation. This second legal tradition, moreover, has been guided by norms wholly different from those conventionally associated with family law, often evincing a radical suspicion of parental autonomy and an eager willingness to reshape family relations.

.

A STARK DIVIDE IN THE LEGAL REGUALTION OF PARENTHOOD EMERGES IN LATE NINETEENTH-CENTURY AMERICA

The founding of the first Society for the Prevention of Cruelty to Children marks a pivotal moment in the bifurcation of the law’s treatment of parental relations. The New York Society for the Prevention of Cruelty to Children was established in New York City in 1874 by two elite reformers, Henry Bergh and Elbridge Gerry, who used the occasion of a celebrated case of physical violence against a child to create the first organization designed to combat “child cruelty” in the United States.7 Common law courts of the period staunchly protected the rights that parents in general and fathers in particular exercised over the custody and control of their children.

  • SPCC formed by two elite reformers
  • “the rights that parents in general and fathers in particular exercised. . . .”

8 But the New York society accorded almost no weight to the prerogatives of the parents it was concerned about, characterizing their connection to their children as little stronger than the ties of happenstance. Gerry explained at an organizational meeting in December 1874, for instance, that the society would “seek out and rescue from the dens and slums of the City the little unfortunates whose lives were rendered miserable by the system of cruelty and abuse which was constantly practiced upon them by the human brutes [their parents] who happened to possess the custody or control of them.”9 Describing the homes of cruel parents as “dens and slums” offered a key clue, of course, to the limits the New York society placed on its jurisdiction. From the start, it focused on families that had not been successful in the wage labor economy, operating on the principle that this economic failure had been caused by some crucial moral or character flaw.10

3, The 2nd prong of Fatherhood (2002 Progressive Policy-think)

(2) COMPLETION

of the Critical Job of Welfare Reform

And — what else — “promoting responsible fatherhood

AND THIS from Progressive Policy Institute. BOTH of them let us know clearly that family law is a social engineering project. Too bad it says “law” on the outside which has other connotations to the unwary.

PPI | Policy Report | March 19, 2002
Promoting Responsible Fatherhood
Some Promising Strategies
By Megan Burns
One of the key successes of welfare reform has been in the increase of low-income single mothers in the labor force. Due in part to a strong economy and the 1996 welfare reform law, 16 percent more poor moms entered the labor force over the past six years. However, evidence suggests poor men did not fare as well. Because the first round of welfare reform required mothers to work, this next round should issue a similar challenge to fathers in order to help them become current and continue to pay child support.

According to the Urban Institute, about two-thirds of the nearly 11 million American fathers who do not live with their children fail to pay child support.1 Therefore it is no surprise that children who grow up fatherless are five times more likely to be poor.2

This reasoning assumes that women who have left an abuser (which are among those numbers) cannot do better financially afterwards, or that women in general cannot do well alone — in short, it assumes a stable working wage. In 2002, I had tripled my working wage, and was doing better. But I had to use a nontraditional model of employment. This was not the model that welfare funnels women onto.

This 2002 report was also six years into welfare reform, and fails to account for cases like Dombrowski/Richardson, above, where (thanks go fathers’ rights movements and encouragements) cases STAY in the family law venue for years, impoverishing the family through ongoing litigation, and removing protection for the protective parents.

Social researchers also note that while women flooded the labor market, poor men did not. For example, during the 1990s, the labor force participation of young black women rose 18 percent, whereas the participation rate among low-income, non-college-educated black men actually fell by almost 10 percent.3

Well, now we have it clearly who welfare policies affecting all populations are aimed at. Supposedly.

In recent months, policymakers have increasingly begun to recognize that bringing fathers into the work-based system created by the 1996 law will be the next critical step in finishing the job of welfare reform. While “responsible fatherhood” programs have sprouted across the country, fatherhood and family formation promise to be central issues in the reauthorization of welfare reform legislation this year.

This type of discussion defines where income comes from — labor. However, that’s not at all where it comes from all the time. People who set policies KNOW this and they are not the chief laborers in question.

4.  Jobs ain’t Wealth & Who Rules America (since we just saw how).

MOST people can find out the difference between wealth and income, or understand it (I believe) if someone engages in a discussion of it. The policymakers and the child support enforcement system are here to make sure that discussion never happens in any significant way. Here are a few links:

2003

http://multinationalmonitor.org/mm2003/03may/may03interviewswolff.html

May 2003 – VOLUME 24 – NUMBER 5


The Wealth Divide
The Growing Gap in the United States
Between the Rich and the Rest


An Interview with Edward Wolff

Edward Wolff is a professor of economics at New York University. He is the author of Top Heavy: The Increasing Inequality of Wealth in America and What Can Be Done About It, as well as many other books and articles on economic and tax policy. He is managing editor of the Review of Income and Wealth.

In the United States, the richest 1 percent of households owns 38 percent of all wealth. Multinational Monitor: What is wealth?
Edward Wolff:
Wealth is the stuff that people own. The main items are your home, other real estate, any small business you own, liquid assets like savings accounts, CDs and money market funds, bonds, other securities, stocks, and the cash surrender value of any life insurance you have. Those are the total assets someone owns. From that, you subtract debts. The main debt is mortgage debt on your home. Other kinds of debt include consumer loans, auto debt and the like. That difference is referred to as net worth, or just wealth.

MM: Why is it important to think about wealth, as opposed just to income?
Wolff:
Wealth provides another dimension of well-being. Two people who have the same income may not be as well off if one person has more wealth. If one person owns his home, for example, and the other person doesn’t, then he is better off.

Who Rules America?  By G. William Domhoff, University of California at Santa Cruz

2005

Power in America

http://sociology.ucsc.edu/whorulesamerica/power/class_domination.html

Wealth, Income, and Power

by G. William Domhoff

September 2005 (updated July 2010)

This document presents details on the wealth and income distributions in the United States, and explains how we use these two distributions as power indicators.

This sociologist actually quotes Wolff, above.


The Wealth Distribution

In the United States, wealth is highly concentrated in a relatively few hands. As of 2007, the top 1% of households (the upper class) owned 34.6% of all privately held wealth, and the next 19% (the managerial, professional, and small business stratum) had 50.5%, which means that just 20% of the people owned a remarkable 85%, leaving only 15% of the wealth for the bottom 80% (wage and salary workers). In terms of financial wealth (total net worth minus the value of one’s home), the top 1% of households had an even greater share: 42.7%. Table 1 and Figure 1 present further details drawn from the careful work of economist Edward N. Wolff at New York University (2010).

http://www.halfsigma.com/2005/05/class_vs_income.html

May 17, 2005

Class vs. income vs. wealth

Wealth is how much money you have, income is how much you earn, and class is how much other people think you have based on how you behave.

People often don’t realize class exists because most people only associate with people of their own class. They don’t comprehend that people from other classes behave and think in ways totally alien to them.

If people are aware of class, it’s only of the class directly below them whom they feel superior to. Yes, class has a lot to do with looking down at people, which is why it’s a topic that’s seldom talked about. It’s not politically correct to admit that you look down at people.

2008

http://www.cato.org/pub_display.php?pub_id=9611

Confusing Wealth and Income

by Richard W. Rahn

This article appeared in the Washington Times on August 27, 2008.

Which of the following families is “richer”? The first family consists of a wife who has recently become a medical doctor, and she makes $160,000 per year. Her husband is a small business entrepreneur who makes $110,000 per year, giving them a total family income of $270,000 per year. However, they are still paying off the loans the wife took out for medical school and the loans the husband took out to start his business, amounting to debts of $300,000. Their total assets are valued at $450,000; hence, their real net worth or wealth (the difference between gross assets and liabilities) is only $150,000.

The second family consists of a trial lawyer who took early retirement and his non-working wife. They have an annual income of $230,000, all of it derived from interest on tax-free municipal bonds they own. However, their net worth is $7 million, consisting of $5 million in bonds, a million-dollar home with no mortgage, and a million dollars in art work, home furnishings, automobiles and personal items

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martinplaut

Journalist specialising in the Horn of Africa and Southern Africa

Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?...' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.

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