Posts Tagged ‘men’s rights’
For BMCC Day 1: Why VAWA, DV Groups Basically Can’t (Won’t?) Stop [Terroristic Threats, Murder, Assault, Battery, Stalking, False Imprisonment, Harrassment– Child Molestation–or other Crimes]
Why?
Well, I have one line of reasoning — that there is a family court around basically creates an immense loophole; any police officer anywhere can just about get out of arresting domestic violence perpetrators (they could anyway) by, when children exist, simply failing to arrest, and letting it land in the family venue. Ditto with CPS. But even if they didn’t, they still have immense discretion to simply not arrest. If they DO arrest, the DA’s have immense discretion not to prosecute also.
WOMEN’s JUSTICE CENTER /CENTRO de JUSTICIA PARA MUJERES
Santa Rosa, California
(a site I quote below, and refer to often enough) I see has written an October 2011 letter to:
I’m a women’s rights advocate who has been working for the last 20 years in the exasperating struggle to end violence against women. I’m writing because we’re stumped, and we need your help.
My opinion: these feminist law professors and women, in many respects, have for over a decade completely ignored the role of the family courts, and their relationship to the criminal prosecution of (see title) real-time crimes play in simply invalidating domestic violence law, child abuse law, in fact most criminal laws of any sort for women who have given birth. And women who give birth, aka MOTHERS, represents a significant portion of women against whom violence is routine.
In this current climate, and while that off-ramp from the criminal justice system (if the reporting and prosecution even gets there), it is next to impossible for these women to get free from an abuser – with children — and stay free unless HE simply chooses not to sue for custody or further bother her. And, if there’s a Title IV-D child support order around, even if he doesn’t want to bother her, the county can and will go after that family and those kids anyhow. That’s My take on it. So I would not be asking a feminist law professor for help, based on the track record and under-reporting of this scandal. And I’ve talked to some of them (including in my area). However, this writer has a point:
The problem is this: Modern violence-against-women laws are in place throughout most of the U.S., as are crisis centers, hotlines, counselors, and shelters. But a critical piece is missing. We don’t have anywhere near adequate enforcement of the laws. Nor do women have any legal right to enforcement of the laws, nor any legal remedy or redress when police and prosecutors fail to enforce the laws.
As such, the laws are meaningless to us. However, it takes a while — and sometimes costs a life — to recognize this.
. . . But the daunting and particular problem for women is that these absolute discretionary powers are in the hands of law enforcement agencies that are rife with anti-women biases, structures, and traditions. Violence-against-women cases are the cases these officials are most overwhelmingly prone to ignore, ditch, dismiss, under-investigate, under-prosecute, and give sundry other forms of disregard. This disparate impact and denial of equal protection is undermining all the other monumental efforts to end violence against women.
Despite all the high flying official rhetoric to the contrary, way too many police and prosecutors don’t want to do these cases. They know they don’t have to do these cases. They know a million ways to get rid of these cases. They know nobody can hold them to account. And the Supreme Court keeps driving this impunity deeper into the heart of American law. Not surprisingly, the violence against women rages on.
We can social work these cases endlessly, but when police and prosecutors don’t do their part and put the violent perpetrators in check, the perpetrators easily turn around and undo any stability and safety we and the women have attempted to secure. The freer she gets, the angrier he becomes. Without adequate law enforcement, victims of violence against women are doomed. And then they are double doomed by the void of any legal cause to hold unresponsive police and prosecutors to account. And then, all too often, she is dead
Notice that at the end of this eloquent (and I believe, truthful) letter, she refers to the “Judicial Ghetto of Family Law.” It is this Ghetto that has to be addressed if “violence against women” is to stop. To date, we are still the gender that produces children, gives birth to them, no matter how nurturing Dad is. As such, this arena, that ghetto, ALSO has to be addressed, or as an obstacle to life itself for those in it, removed:
We urgently need your help. Not in the judicial ghetto of family law where victims of violence against women are too often shunted to fend for themselves.
Why NOT? Why should women have to fend for themselves in a biased system — because thats where it typically goes after any civil restraining order (see VAWA, below) is put in place. Perhaps if there’d been more “feminist law professors” who’d gone through leaving DV AS MOTHERS, this might have been handled by now. Not saying that it wasn’t a tough uphill battle to start with. But we mothers are certainly not ballast in this journey; just treated like it in these circles!
But in criminal law where the state itself must take responsibility for securing justice for these heinous crimes. We can’t solve this problem without you.
As a first step, please pass this on to colleagues you think would most fervently fight to create a women’s right to justice. And then consider joining in yourself.
Thank you for your concern.
Marie De Santis, Director Women’s Justice Center Centro de Justicia para Mujeres
mariecdesantis@gmail.com www.justicewomen.org
We like to believe that criminal law always applies when crimes are committed (the title lists some of the crimes which comprise “Domestic violence” and “Child abuse” and characterize the lives of people who sometimes, after years enduring these things, end up dead, or paying their abuser, which is a form of institutionalized extortion).
BUT — when a case is labeled “high-conflict” or “custody dispute” of any sort, BY LAW (apparently) it comes under the jurisdiction of a different court — which is not a real court, it’s a business enterprise. (See this blog. See other NON-federally-supported blogs or articles.
For example get this (“johnnypumphandle, re: Los Angeles “Public Benefit Corporations Supported by Taxpayers” Not only ALL the people walking through the halls — but the real estate — the halls themselves, apparently are often part of this enterprise! Why this never occurred to me before reading these matters, I don’t know. The family court is in a separate building from the main (Criminal) courthouse in MANY towns and cities across the county. That alone should have caught our attention. Now (same general idea), they are building, sometimes, “Family Justice Centers” as part of a National Alliance movement (see “One-Stop Justice Shop” posts, mine).
I reviewed this material carefully before, it takes a while to sink in. It will NOT sink in if all you see mentally is the visual of the building and its inhabitants. In order to “See” straight, one needs to see and be willing to think in terms of corporations, tax returns, and cash flow. And something relating the words “taxpayer” with “tax-exempt.” As the site says:
We have again reminded the IRS of the same scheme being perpetrated by the Private Corporation – Los Angeles County Courthouse Corporation – with the same bond guarantees by the law firm of O’Melveny & Myers. Taxpayers are still getting stiffed by this scam, since there is no accountability for the money and NO TAX FORMS HAVE EVER BEEN FILED!
Key in this EIN#
|
to This Charitable Search Site (for California) — and tell me why the Relationship Training Institute — which does business with and takes business FROM the court, evidently — is still marked “current” when no (zero, nada, zilch, nothing at all) has been filed (and uploaded) by this organization for the state of California as a charity -EVER; even though it’s filed with the IRS? Is that cheating the citizens of California, or what? Here they are (and here goes continuity in my post today):
Relationship Development and Domestic Violence Prevention, Training, and Consultation
The Relationship Training Institute (RTI) is a 501(c)(3) non-profit organization, established in 1986* by David B. Wexler, Ph.D. to provide training, consultation, treatment, and research in the field of relationship development and relationship enhancement.
Entity Number | Date Filed | Status | Entity Name | Agent for Service of Process |
---|---|---|---|---|
C2583174 | 05/17/2004* | ACTIVE | RELATIONSHIP TRAINING INSTITUTE | DAVID B WEXLER |
Because — in the 7 years (at least) it’s been operating in California, David B. Wexler, Ph.D.’s group has not bothered to file it’s (by law) annually required tax return with the state (NOTE — which provides the California Attorney General with a Schedule B showing names and addresses of contributors, and has to list government funding) and because the CA Corporations search site is so limited, I can’t see from there OR its founding articles if this is a domestic (Ca originated) or “foreign” (out of state) corporation.
On the other hand, the group California Coalition for Families and Children which incorporated in 2010 (per same site) — and is critical of the San Diego Family Court Practices — has twice received a “file your dues” letter, which you can search at the same charities link, above. It has no EIN# because it hasn’t registered yet.
Entity Number | Date Filed | Status | Entity Name | Agent for Service of Process |
---|---|---|---|---|
C3284403 | 03/09/2010 | ACTIVE | CALIFORNIA COALITION FOR FAMILIES AND CHILDREN | CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC – LAWYERS INCORPORATING SERVICE |
I believe any group that calls itself a 501(c)3 (or “4”) should fulfil the requirements of it. However, there seems a bit of favoritism (OR, This group has no bribe to pay — below the table — for the regulatory agencies, including the OAG?); Emad G. Tadros, Ph.D., checked out the suspicious credentials of a custody evaluator, discovered a custody Mill (plus that a house cat got a diploma from the same place) and put up a website about all this, plus filed a suit, which was simply the right thing to do. In retaliation for challenging the right of the courts to continue their fraud up on the public he was fined $86K in fees, and an attempt has been made at obtaining interest, too. Apparently, this group has not cut a deal with anyone, and so the OAG WILL go after their nonprofit status. Here’s the link to “San Diego Court Corruption.”
So, as to The Relationship Training Institute, I guess not filing with the state is “close enough for jazz The Office of Attorney General.” And also close enough for an NIMH sponsored grant on Domestic Violence in the Navy, too. If our Navy was run this way, we’d be losing a lot more wars.
RTI offers an on-going series of informative workshops and state-of-the-art training programs for mental health professionals and for the public, bringing innovative leaders and teachers to the San Diego community. RTI staff also travel throughout the world training professionals in the treatment models that we have been developing and publishing for over 25 years
So, don’t try to tell me the courts and attorney general are unaware — see its website, and see the detail on its charitable registration. A letter has been sent to this charity, and its site claims it’s approved by the Judicial Council of California to provide CLE credits for its trainings!
(the logos of approving organizations).
Approving Organizations
By the way, Dr. Wexler is listed under another one, IABMCP or something:
David B. Wexler , Ph.D., Diplomate IABMCP | |
Director, Relationship Training Institute, San Diego, California |
International Academy of Behavioral Medicine, Counseling and Psychotherapy (group registered in Dallas, TX in 1979, EIN has 11 numbers # 17523304719. Usually it’s 9 or 12):
Name | Taxpayer ID# | Zip |
---|---|---|
INTERNATIONAL ACADEMY OF BEHAVIORAL MEDICINE COUNS | 17523304719 | 75225 |
The actual EIN# is 751726710 and it’s registered in Colorado as a 501(c)6 ” Business leagues, chambers of commerce, real estate boards, etc. formed to improve conditions..” It has a tiny budget and apparently exists to distribute a newsletter, per 990 (2010 ruling.), registered as a foreign nonprofit (citing the Texas org.) since 1999 and apparently is filing its reports in Colorado OK.
2010 | 751726710 | International Academy of Behavioral Medicine Counseling and Psychother | CO | 1980 | 06 | 31,455 | 1,402 | 990 |
Dr. Wexler anyhow, is on its Advisory Council, along with a long list of mostly but not all male personages, including Deepak Chopra…
I also note that this domestic violence training is very man-friendly… But RTI is apparently the group that does the trainings OUTSIDE the courthouse, which makes them part of the personnel bill. The earlier article was about who pays rents on the real estate, who owns the real estate, of the courthouses themselves? Reading on:
August 25, 2001 – Los Angeles County Courthouse Corporation and others. e.g. Los Angeles County Law Enforcement-Public Facilities Corporation and (too many to name or to discover). The Crusaders think that there are over a dozen of these ‘Public Benefit’ Corporations hiding in LA County. If you are aware of any of the others, drop us a line.
These companies are established as Tax exempt ‘charitable trusts’ under the Federal Statute – 501(c)(4). They direct millions of dollars but are basically unaudited. The Los Angeles County Courthouse Corporation (LACCC), for example, controls projects for $632 million, but as yet has not registered with the California Department of Corporations even though they have issued outstanding securities for this amount.
They have established trust agreements with banks, lease and leaseback agreements with developers, securities agreements with underwriters, legal assistance from high powered law firms, yet they have no employees. All work is done ‘outside’ on authorization from an officer of the Company. e.g. bills are paid, rents are collected, legal services are performed by outsiders through agreements. As an example, O’Melveny & Myers pays the fees for this Corporation.
Is this a donation? Somehow, I think O’Melveny & Myers are not providing legal services for free.
The company has offices in the LA County facilities, claims no employees, but has all of its utilities, telephone, rent, etc. paid by the County.
Who answers the phone? A county employee, doing ‘part time’ work but receiving no pay. At least the Corporation claims to have no employees.
How are bills paid? We have a letter to Henry P. Eng, an auditor , who is told that he will receive a check for $4,730 and a like amount will be charged to the rent due to the corporation in order to balance the books. You see, the Corporation has issued bonds (Certificates of Participation) recently for $115 Million to build the Antelope Valley Courthouse. The Banc of America and four other underwriters have guaranteed the purchase of all of these certificates.
So WHY do I make those claims in the Title of this post today? Well, for one, I research TAGGS grants, and read conference brochures, and pay attention to what groups do – -and don’t — report on, including the various elephants in the room…
I’m not the only one, either, questioning what VAWA is for, except to inspire a lot of anti-feminist backlash, give Fathers & Families (GlennSacks hounds) something to complain about, and a source of funds to set up websites and conferences (ad nauseam) to perpetuate the illusion that whatever a civil — or even criminal — domestic violence action DOES, Family Courts will not quickly UNDO, even if neither parent asks them to!
You might want to look at this article:
VAWA Critique
In Which a Little-Known Legal Brief Plows into Hallowed Terrain
I almost felt like a traitor (though I was sure in my opinion) with this round of requests I write someone to reauthorize VAWA. WHY? I thought. I already know who’s collaborating with these other courts. Well, another (non-federally funded, intentionally so) site – I like this site, too — explains:
Ever since the U.S. Violence Against Women Act (VAWA) was passed in 1994, women’s advocates have rallied again and again to assure that VAWA stays authorized and funded. The steady torrent of threats against the act from antagonist men’s groups has left advocates with little inclination to question whether VAWA is truly delivering what’s needed to end the violence and secure justice for women. But a little-disseminated legal brief we came across recently rips along the fault lines and suggests that giving VAWA a thorough critique may be one of the most important steps we should be taking to advance the struggle.
“The legal brief, signed by a dozen domestic violence scholars from around the country and submitted in 2007 to the Inter-American Human Rights Commission, emphatically makes the case that VAWA not only is failing to protect women, but that this failure is rooted in fundamental flaws in VAWA’s structure and administration. “VAWA is a limited remedy,” the document states, “That fails to protect women or to discharge the United State’s obligations under international law.”
(it’s going to talk about the Jessica Gonzales case, and the IACHR. However, NO — I say that these DV scholars have simply fallen asleep at the switch, or decided to look the other way, to keep their publications, etc. coming. )
In summarizing their analysis, the brief states, “VAWA fails to accomplish four crucial things: 1) It does not provide any remedy when abuser’s or police officer’s violate victims’ rights, 2) it does not require participation of all states or monitor their progress, 3) it does not fully or adequately fund all the services that are needed, 4) it does not require states to pass or strengthen legislation around civil protective orders or the housing rights of domestic violence victims.” . . .
VAWA: “primarily a source of grants” which has not reduced domestic violence
The brief goes on to characterize VAWA as “primarily a source of grants” with non-binding terms, voluntary participation, unmonitored compliance, and which mandates nothing. And the funding is paltry. According to the brief, in 2007, the median total of VAWA grants to individual states was 4.5 million dollars. That’s less than the cost of one wing of a fighter jet allotted per state to combat violence against women.
If the core of this brief is accurate, despite the services VAWA has provided to tens of thousands of women, the message VAWA delivers to law enforcement and other public officials throughout America is disastrous. ‘You can prevent, investigate, and punish violence against women – if you feel like it. But if you’d rather not, don’t worry about it. VAWA doesn’t mandate that you do anything. And if women are upset by that, rest assured, VAWA and the courts have also made sure there’s not a darn thing women can do about it to hold you to account.‘
Most troubling of all, the brief finds that in the time from VAWA’s passage in 1994 to 2007 when the brief was filed, VAWA has not reduced domestic violence in the U.S., despite the U.S. government’s claims to the contrary. As stated in the brief, “Since the passage of VAWA, domestic violence rates have not been reduced in proportion to other violent crimes
This site writes their rationale:
And perhaps worse, these fundamental flaws in VAWA are not even a matter of discussion, debate, or protest among frontline women’s advocates. It’s critical for progress in ending violence against women that that discussion begin.
The Tie that Binds
VAWA requires that shelters and rape crisis centers that receive VAWA funding must demonstrate their cooperation with their local law enforcement agencies.
Individual states that administer the VAWA grants have implemented this requirement in various ways. But typically the shelters and crisis centers seeking VAWA grants must obtain signed operational agreements with their local law enforcement agencies. This has given law enforcement veto power over the survival of the violence against women centers, a controlling power law enforcement has not hesitated to use.
Copyright © Marie De Santis
Women’s Justice Center,
www.justicewomen.com
rdjustice@monitor.net
VAWA is a Federal Act of Congress first passed in 1994. By Contrast (and to oppose its premises), the National Fatherhood Initiative is a NONPROFIT started by someone with close connections to HHS, and Washington, and now many legislators — and is not only still funded, but has permeated the structure and purpose of violence prevention, child welfare, and child abuse prevention areas of goverment. While VAWA (which at least went past Congress initially — the NFI did not) promotes one kind of training, NFI promotes the opposite theories.
Then the two groups get together, for example, The Greenbook Initiative and congratulation their federally-paid-behinds for being able to get along, while women continue to die after breeding and leaving abuse. And etc.
The DOJ Defending Children Initiative: even has an “Engaging Fathers” link:
The ILLUSION that there is protection for women and children through groups such as “Child Protection Services” is fatuous. That’s not what they’re there for, apparently. Nor, apparently, are the civil restraining order issuers (typically a domestic violence nonprofit of some sort, or possibly a parent might get one on his/her own) there to prosecute or punish any crime.
I heard this from a woman (grandparent) in an unidentified urban area, regarding her grandchildren’s being in the sole custody of an abusing father AFTER CPS and police had confirmed sodomy and forced copulation with the (young boy):
Hearsay #1:
There are no laws or penal codes against child abuse by a parent. Child abuse by a parent comes under the Welfare and Institution Code (WIC).
The welfare and institution code does ONE thing — offers reunification services to the abuser. The one and ony law mandated by legislators (in such cases) is reunification.
Since the theme is “reunification” (and really, let’s get honest — “supervised visitation” concept comes from this field, reunification), no family court has any interest in re-unifying a protective mother with her child once that child has been completely (and physically) “reunified” with the abuser father. There are no fatherhood-promotion services for this (access/visitation concept is actually a fatherhood concept). Supervised visitation with a sex offender (young) father and mother has resulted in child-rape INSIDE a supervised visitation facility in Trumbull County, Ohio, recently. It has resulted in financial fraud on East and West Coast both (Genia Shockome/Karen Anderson of Amador County, PA), it has resulted in a child literally being supervised by a woman who had criminally sexually assaulted a DOG in Contra Costa County California courts (Welch v. Tippe), and — the commissioner? who made that order, as recommended by her court-crony, is I believe still on the bench — and has been, while we’re at it, on the Board of Kids’ Turn, too. After all, it’s all about the “Kids” and what’s best for them, right? How often do women whose children have been abused get put on supervised visitation for “alienating” the father by reporting — or allowing their kids to even report to someone else unsolicited, like a schoolteacher — real live criminal activity upon themselves?
Hearsay #2:
Child Protective Services labeled our case high-conflict which put it in custody court. Neither the father or I had even mentioned divorce at the time.
This mother says she saw it on their report. I’d like to see that report. Assuming it’s true, this means that CPS knows quite well that they don’t have to prosecute anything against a parent when it comes to abuse of children; they can shunt it off to family court.
Hearsay #3 (to you — this is my case):
When my children were being stolen (abducted), and I was protesting on the basis of a valid court order giving me physical custody, an attempt was made to bring CPS in — although no abuse was being alleged! When I pointed this out, the officers supervising the exchange — which I’d requested for personal safety — refused to enforce the court order, mocked me, and when I realized there was no recourse from this crew, I had to let my “ex-batterer” and the children’s father, drive off into the sunset with children I’d raised, and from this point forward (til today) not ONE single court order was consistently obeyed for more than a month, including visitation or phone contact with me, alternating holidays, or the children with the mother on mother’s day, all of which remained in the CUSTODY order.
In short, if I wasn’t going to voluntarily justify bringing on more (paid, public employee) professionals AFTER existing paid, public employee professionals simply refused to do their job (which I later learned — they don’t have to, even if not doing their job results in someone’s, or even three children’s, deaths. See Castle Rock v. Gonzales).
Talk about “interlocking directorate” – – – – I also heard from a savvy investigator (mother) (noncustodial) in another state how that, literally, when a father is accused AND found guilty of abuse in one sector (for example, criminally, or child support services) this literally causes the father to be declared “incapacitated” or incompetent — making the child a “dependency” case. The court that the mother then walks into is, in effect, a “dependency court.” The state owns her child, and if she can’t ransom it back, too bad. The ransom process is simply this: the hearings go on, and on, and on and as much money is extracted from the mother, who WILL fight back, until she’s broke too, if not in spirit. That’s the plan. That’s not an anomaly or “burp” of the system — that IS the plan.
We have heard also of horrendous situations, and I’ve reported this, of dual electronic docketing. (“Computerized or Con-puterized?” Janet Phelan on Joseph Zernik reporting. One week after she published the layperson’s explanation of this, he was picked up by police without cause and held). We’ve heard of collected but intentionally not distributed child support, in the millions of $$ (Silva v. Garcetti (who was Los Angeles D.A., involving Richard Fine). Even a brief look at what happened to Mr. Fine (besides getting incarcerated and disbarred) and how the California Legislature handled the fact that the entire judiciary was subject to bribery at the county level by payments to judges — from the county — in cases where — the county — was a party. It retroactively granted immunity, and did this quickly, lest the entire judicial system get shut down. (SBX-211) — that brief look should say, what we are dealing with is XX % crooks, and X% enablers or people who can’t themselves get out of the system because by participation, they’d be prosecuted too. Talk about “gangs” . . . that’s a Gang. Sometimes deals go between one jurisdiction and another, making them a little harder to catch (Gregory Pentoney)
Two other things which I’ve heard of from a non-BMCC “let’s ask the expert source” in recent times — and again, I present this as Hearsay, but it’s entirely in character for the venue — of more than one physical case file being kept. One is shown to the litigant when she can afford it (which ain’t always), or qualifies as low-income enough to be shown it. The other is shown and hauled out when it comes to justifying program billing — that one or both parents may be totally unaware of, occurring in their case, under their or their kids’ social security #s, and in their name.
Again, my plan is to curtail posting on this blog (I believe I’ve “said my piece” on most major points) at the end of January, and get about other aspects of life. Oh yes, and I signed the blog up for Twitter, which should curtail the length some, like by ca. (10,000 to 14,000) – 140 characters!
I realize that conversational style isn’t communication, yet the information is urgent to present and get out. The “end of January” date was in honor of the BMCC conference, which I plan to comment on every day it’s in session. Ideally, you will see one post a day from here til 1/31, however, some of the material does cause vicarious trauma to report, which may affect quality of post, or my getting one out on a certain day. While I know what I know, from study, research observation, reflection, and synthesis, expressing it is another matter.
Also, the conversing with the material style is laborious, and takes hours. Whereas in a personal conversation, say, by phone, with interaction, I know I could convey the key FAQs, overall, in 10 minutes or less, and tell people where to find more information, should they be motivated.
So here we go:
Some people I know are headed up again to the Battered Mothers Custody Conference IX in Albany, New York again this year, where the same basic information will be presented by experts, while mothers are welcome to participate from the floor and by adding their square to the quilt, by buying books which the presenters will be selling (last year’s hot-off-the-press available in softcover and at a discount – only $59 — for conference attendees) and donate, too. This is addressed to mothers who are probably being fleeced in the courts, have tortuous situations to handle, and some are paying child support to their child’s or their abuser, which is why they pull it together to come to this conference, seeking help and answers — from the experts.
One difference — a positive one — THIS year is the attendance of Dr. Phyllis Chesler, who also will be selling her newly revised “Mothers on Trial” which I know incorporates some new stories, and I plan to order it on-line.
However, I also know that it’s not about to contain the information on this blog, on NAFCJ.net, or much on the AFCC, Welfare Reform (1996), and the role of the Child Support $4 billion industry in prolonging custody conflicts, for profit. However, it will be a new presenter, and an experienced feminist who I’ll bet is not afraid to address some of the issues of Gender Apartheid (which also results in “Battered Mothers”) in front of this audience, and on which she is an expert. Perhaps she will — as I don’t think others have — bring up the impact of religion on this situation in the family courts. It’s there – -not talking about it would hardly make sense.
At the bottom of this post, I am going to list the Presenters, and brief comments or links on the ones I know. The ones I don’t, I’ll look up. Perhaps in the next post (as this one expanded into handling a few other items).
And in this post, I’m going to charge pretty hard into the entire concept behind this conference, as I did last January, afterwards.
NB: I attended one conference in all its years, but primarily to meet mothers I’d been blogging with; I’d already realized that it was a marketing conference. That’s responsible behavior for people shelling out travel, hotel, and conference fees, not to mention in general. You find out who’s saying what and evaluate it.
The Title of this year’s conference is apparently “IS WHAT WE’RE DOING WORKING”?
HUH?
-
We who? (Mo Hannah, Barry Goldstein, et al.?)
-
Working for whom?*
-
Define “working” — what’s the goal here? (Sales, Self-Promotion, Shaping Distressed Mothers’ Perceptions?)
Ask a foolish question, you will get a very foolish answer. Act on those answers and you become a fool. A sucker is born every minute, and I regret every minute of my own “suckerhood” which listened to domestic violence rhetoric for too long, and didn’t think to GO CHECK TAX RETURNS AND NONPROFIT FILINGS FIRST, which might’ve had a different result.
That’s why I believe that it’s the “experts” that should be sitting around the tables in the conference and taking notes, and the women themselves that should be up on stage giving testimony, ideas — and controlling the microphones. Then some of the questions they have might get some answers, through collective wisdom, as women tend to do — when not co-opted into the hierarchical model of relating to each other which is more characteristic of males, and of this society we live in.
The structure of this type of conference is didactic — from presenter to participant. They are the dispensers of wisdom, women & mothers attending, the recipients. Go forth and deliver the expert wisdom to your areas, (seek to hire us as expert witnesses in your court cases) and if it doesn’t work — next year we are going to do the same basic routine anyhow, and your feedback will NOT be front and center, if it is allowed at all.
Seriously — that’s how it goes. And anyone with a child in a custody case has a ticking clock, if not time bomb, which is running. We do not have time to beat around the bush and fail to address things in PRIORITY order.
So anyhow, “is what we (?) are doing working?”
Somehow this is going to be stretched out into a weekend’s worth of material? Is there a better question to ask, such as — what can we do to either clean up or shut down the family law courts if they refuse to clean themselves out, which is unlikely? How many experts does it take to distract a mother’s attention from who is paying her abuser and the judges that gave that kid to the abuser? Why doesn’t this conference ever bring up child support, welfare reform, or mathematical issues, such as economics?
Or, for that matters, why are not the people who experienced abuse considered THE experts, and why are the true experts (the battered mothers) not as informed as the presenting experts on things that others figured out over 15 years ago in this field?
This is, among other things, a marketing conference, and a chance for women to sit with each other and have company in their distress. It is NOT a place for them to actually reform the courts, or learn the most direct possible ways (if any ways are possible) to get their children back, or a crooked judge off their case. That I can tell.
*A comment on the site says women can contribute to a quilt for missing children. (Which somehow reminds me of a church situation — you may attend, women: Here — serve some cookies, greet perhaps, and of course work child care, the sermon and other important things will be piped in from our (male) minister). . . . . now, there are presenters who are mothers on the platform, some of who I know by name, and I know those mothers are not about to rock the boat — by reporting on what you’ll find here, NAFCJ.net, Cindy Ross, Richard Fine (Emil Tadros either, for that matter) and other places. Somehow that information isn’t worth informing Moms of, which results in Uninformed Moms, wondering why things aren’t changing.
You see, professionals (and I was one in one or two fields) know they’re not expert in other fields and so tend to defer to people presenting as the experts in a different field. This works REAL well when mothers in panic, danger, or serious trauma go for help to DV experts who are hired (or volunteered) with agencies which do not themselves see fit to look at the larger picture AND TELL THE MOMS ABOUT IT.
Moreover, once a case — or person — moves out of their area of “expertise” — meaning, case in point for mothers, into the family law system — it becomes “not my problem” and they can, I suppose, somehow sleep with themselves at night (those who actually have functional consciences) without drugs or sedatives, by saying – it’s out of my hands now, I did my part!
Ay, there’s the rub. It’s a win-win for the civil restraining order (DV agency) field AND for the Family Law Field, because no one “out-ed” either field’s collaboration and centralization over the years. No one has done this much to date because so few people follow the funding, particularly experts protesting “Child abuse, Domestic Violence” and so forth.
RE: “IS What We’re Doing Working”
Here’s a short answer: “ExcUUse me? You * #$!- ing (kidding) me, right?”
Slightly Longer answer, Fresh kill, two children (10 & 14) into someone else’s care (foster? relatives?) this week in California. The woman showed up, obediently, for a family court hearing, and was murdered in cold blood, in her car.
Authorities say the man shot his wife, gave chase to police, then shot himself; they were scheduled to appear in family court for a hearing
BY JOHN ASBURY AND KEVIN PEARSON
STAFF WRITERS
kpearson@pe.com | jasbury@pe.com
Published: 04 January 2012 08:42 AM
A man at the Hemet courthouse for a child-support hearing calmly walked up to his wife’s car and fired two fatal shots, then led police on a car chase before killing himself Wednesday morning, according to witnesses and police
. . . .
Costales had no criminal record in Riverside County, and the couple had no history of domestic violence with each other, nor was there a restraining order in the case. However, Costales was accused of domestic violence in a previous divorce.
The two children now aged 10 and 14, we don’t know who their biological mother was –whether the woman slumped over in her car that day, or the former Ms. Costales: However, they were born (do the math, see article) prior to this marriage: 2012 January minus ten, minus fourteen years. Mr. Costales prior marriage had mutual restraining orders as of the year 2000.
‘A HORRIBLE SIGHT’
Kimberly Jones, 45, of Hemet, said she was in her car when she heard the first gunshot, which she thought was a firecracker. She looked back to see Schulz back away quickly.
Jones ducked as additional shots were fired, then ran over to find Schulz bleeding and slumped over in the driver’s seat. Jones, who is a nurse, said she tried to resuscitate the woman in the parking lot as Costales casually walked back to his car.
. . . She moved out, not him….
Schulz told the court in September that she was unemployed and receiving $550 in monthly aid. She asked for Costales to be required to make child and spousal payments and to make payments on their Honda Pilot until she could afford to get her own vehicle.
“I need hearing because of no income but aid,” Schulz wrote in court documents. “Living on my brother’s couch, looking for work daily, been unsuccessful. Children need their own home and stability.”
The age difference: Him vs. Her — was 17 years. We don’t know this situation, but here’s a woman who never apparently even SAID “domestic violence” — and yet still died asking for something reasonable. Did she bring children into the relationship (was he their father?). Did he seek a needy woman with children to make up for loss of his first wife and two sons (now adults)?
Do second wives EVER believe the record on the first wives’ court docket?
I went to look this one up at the Riverside Court, but found out that it’s not even free to view the images, and in doing so, they will know who is looking. So much for public oversight from a safe distance!
Police closed off a portion of the courthouse parking lot, stranding about 50 people who were unable to get to their cars to leave, but the courthouse remained open. The Hemet branch of the Riverside County courts handles family law cases in addition to civil, small claims and traffic issues.
Why did she leave? Who knows? Was this unreported violence, nonsupport, or what? Where are the children going to live now? Who HAS them now?
This was a TANF case. She was on aid — that means that only if there has been violence, or some severe extenuating systems, is she allowed some sort of diversion away from seeking child support from the father. The county wants its programs funded. If “aid” goes out, the County controls the collection of child support. This was likely an administrative hearing — there seems not to be any discussion over custody or visitation. This woman didn’t know, and now never will, what receiving welfare from anywhere in California puts one at risk of. Had it not ended this way, it might have stretched out for years in the courts as well.
Suppose this man had not been just Mr. Costales, but Mr. DeKraii, and been in a real bad mood that day? Who else might have died?
Hence, we have to re-think this phrase: “Clear and Present Danger.” It has 3 usages.
1. In the law, unless it’s been rescinded by now — in California, a Batterer is a “Clear and present danger to the mental and physical health of the citizens of California.” If one continues reading the law, they then talk about something like a task force at the District Attorney level.
2. In Usage by AFCC, “Lack of Resources” to the family courts is the “Clear and Present Danger.”
3. I feel it’s safe to say now, clearly, and quite presently, that “the family courts are a clear and present danger to the citizens (not just parents) of the state of California.”
So much for the domestic violence industry. It doesn’t hold water once it’s in “conciliation court.” They just forgot to tell the mothers this, evidently.
I fully realize that’s “heresy” (but the courts themselves are based on psychological theory and clear intent to undermine the meaning of criminal law and drive business to therapists, etc.) but anyone concerned about my POST-battering relationship, POST-family law custody matters (like we say, it goes, so long as minors and two parties are all alive, until the children reach majority) — I have no criminal record and no criminal intents either. I showed up to court hearings no matter how scared I was, and was forced to sit at the table with my ex, and from this close range, somehow “negotiate.”
People want to “reform” Family Court. That’s crazy thinking. It doesn’t account for the roadkill.
Although I can’t blame the average citizen, who thinks that his /her taxes are going to support something noble or good when it pays these salaries for family courts throughout the land, and more. When the situation hits them, personally (evidence is that not all close relatives or friends figure it out, either), perhaps the 2 + 2 will = 4. Who has it helped, and what’s the ratio of helped to roadkill, to children being tortured, children sent into foster care, parents experiencing MIA children, etc.? That’s a system someone can supposedly MANAGE?
Here’s a summary, a post from long ago (about 1.5 years ago) which I’m amazed it still gets attention, and was today:
Toms River NJ femicide/suicide post-mortem concludes strangled DYFS worker should’ve hooked up with “agencies such as ourselves”
I posted this on August 17, 2009
2012 PRESENTERS Bios to be added shortly
Jennifer Collins Carly Singer Michael Bassett, J.D. Carol Pennington Liora Farkovitz Lundy Bancroft- author Barry Goldstein – author, former attorney Joan Zorza – DVLeap, doesn’t blog family law matters Kathleen Russell* — *of Center for Judicial Excellence. Won’t report on AFCC, barely reports on fatherhood funding, but loves high profiles. Not a mother. Connie Valentine (CPPA) Karen Anderson (CPPA and her case is detailed in Johnnypumpandle — but this crowd simply ain’t interested.) Phyllis Chesler (if there were better company I’d try and get there this year, to meet her) Gabby Davis Loretta Fredericks Loretta Fredericks in my opinion should not be allowed to present. She should be put on the spot and have women fire questions about her. Unfortunately, so few women know ANYTHING about MPDI, Duluth Abuse Intervention Programs, Battered Women’s Justice Project, how much TAGGS says the MPDI (etc.) got (HHS funding) — or the infamous collaboration with the AFCC in “Explicating Domestic Abuse in Custody” (or similar title) which was also public funding. She also is featured in AFCC as a presenter, i.e., on the conference circuit? Has she influenced them to understand abuse — or vice versa. This situation (not her personally — we’ve never spoken) PERFECTLy represents what Liz Richards of NAFCJnet has correctly (my research validates this) calls a DV expert functioning as a “heat shield” for fatherhood providers. They lend legitimacy where there is non. Michele Jeker Maralee Mclean Angela Shelton Wendy Murphy Jennifer Hoult Sandy Bromley Renee Beeker (advocates court watch) Joshua Pampreen Nancy Erickson Karin Huffer Jason Huffer Crystal Huffer* *Huffers talk about and help women deal with Legal Abuse Syndrome). Holly Collins Jennifer Collins Zachary Collins Garland Waller **Collins and Waller are central to the conference and high-profile, I believe people know about them.
Dara Carlin* *Formerly DV advocate from Hawaii, then it happened to her. Didn’t notice that the legislator she was sure was on women’s side actually had close ties to a Fatherhood Commission in Hawaii (a What?). This was how I learned about Fatherhood Commissions, actually. She didn’t “Get” it. Also hadn’t noticed that AFCC was presenting — in Hawaii — on PAS, etc. Toby Kleinman Linda Marie Sacks (mentioned in my 2nd “About This Blog” — how to get to the Supreme COurt citing Dr. Phil, Oprah, and a Radio show onesself was interviewed on, thereby giving the rest of mothers protesting abuse a nice reputation for not being too bright. Seriously!) Rita Smith* (NCADV Leadership. NCADV is atop the pile of statewide Coalitions Against Domestic Violence which are state-funded, although not too much funding. It takes fees from these organizations and sells things, has conferences, etc. Was cited positively by Women in Fatherhood, Inc. which I find interesting …..) Eileen King (“Justice for Children” also I think on Linda Marie Sacks case, which Supreme Court refused to hear). Mo Therese Hannah (self-explanatory — and running the conference, with help It says from Ms. Miller. I don’t recoqnize the other names). Liliane Miller Raquel Singh Tammy Gagnon Louise Monroe Chrys Ballerano |
“PC278.5” Arresting Moms, at least, for Felony Child-Stealing…
http://www.prevent-abuse-now.com/unreport.htm
Parental Child Abduction
is Child Abuseby Nancy Faulkner, Ph.D
Presented to the
United Nations Convention on Child Rights
in Special Session, June 9, 1999,
on behalf of P.A.R.E.N.T.
and victims of parental child abduction.© Nancy Faulkner 1999-2006
Seems to sort “child-stealing” under two main headings:
Search results for: child-stealing | ||||||||||||||||||
|
This would be coherent with the recent Click-Hill case, as the girl disappeared after allegations of child abuse. The other reason for child-stealing (see “Garrido,” and others) might be for personal sexual abuse by strangers, or prostituting kids.
Two reasons I can think of might be to protect a child, or to punish the other parent. Authorities ought to get which is which straight… (More on the NCJRS info towards end of this post)
pc 278.5 IS (California) Penal Code 278.5.
I have come to believe this law was written for men, not women, to get their kids back. I would like to hear of any California woman whose children of around that age were actually returned to her under this code.
We already know of women in this and other states who have been incarcerated for much lesser custodial interference (see Oconto, WI blog, and “Lorraine.” Or, Joyce Murphy.
http://custodyscam.blogspot.com/2009/06/joyce-murphy-accused-of-kidnapping-her.html
SO WHEN IS THIS LAW TAKEN SERIOUSLY, AND WHEN NOT?
It reads as follows:
http://law.onecle.com/california/penal/278.5.html
(a) Every person who takes, entices away, keeps, withholds,
or conceals a child and maliciously deprives a lawful custodian of a
right to custody, or a person of a right to visitation, shall be
punished by imprisonment in a county jail not exceeding one year, a
fine not exceeding one thousand dollars ($1,000), or both that fine
and imprisonment, or by imprisonment in the state prison for 16
months, or two or three years, a fine not exceeding ten thousand
dollars ($10,000), or both that fine and imprisonment.
(b) Nothing contained in this section limits the court’s contempt
power.
(c) A custody order obtained after the taking, enticing away,
keeping, withholding, or concealing of a child does not constitute a
defense to a crime charged under this section.
Do you see the word “SHALL” in there?
Here’s 287.7, which indicates circumstances — unbelievably, it seems – -in which a parent or someone COULD take, entice, or conceal a child. It is to handle possible abuse or imminent harm to the child. (Child, FYI, is defined as under 18 in this law).
(a) Section 278.5 does not apply to a person with a right to custody of a child who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child.
(b) Section 278.5 does not apply to a person with a right to custody of a child who has been a victim of domestic violence who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child.
“Emotional harm” includes having a parent who has committed domestic violence against the parent who is taking, enticing away, keeping, withholding, or concealing the child.
(c) The person who takes, entices away, keeps, withholds, or conceals a child shall do all of the following:
(1) Within a reasonable time from the taking, enticing away, keeping, withholding, or concealing, make a report to the office of the district attorney of the county where the child resided before the action.
In other words, such a person shall, as an adult, give an account to the authorities of his or her reasons for the devastating action of removing a child from a parent.
NOW HERE WE ARE IN THE CLICK-HILL CASE, and a mother disappears with a daughter (mid-1990s, right when VAWA and NFI had gotten started), having accused the father of child molestation, after which he got (apparently) unsupervised time with the girl, again, then disappears.
Here’s an article by Robert Salonga:
Resurfacing of Walnut Creek girl highlights strains of parental abductions
By Robert Salonga
Contra Costa TimesPosted: 03/05/2010 04:45:10 PM PSTUpdated: 03/05/2010 05:35:35 PM PSTWALNUT CREEK — The arrest this week of a woman who took off with her 8-year-old daughter in 1995 during a child custody dispute is being lauded by police and missing child experts as an exceptional event.
In some ways, it wasn’t an exception at all.
Parental and family abductions account for nearly 97 percent of child abduction reports in the state. In Contra Costa County, all 29 abductions reported in 2008 involved family, and just one of the 64 reported in Alameda County that year was committed by a nonrelative.
Click said Friday that he divorced Wendy Hill in the early 1990s, and their relationship became estranged after he was granted primary custody of their daughter. When he went to pick her up from his ex-wife’s Redlands home in the summer of 1995, they had moved out. He never saw Jessica again, he said.
This sounds to me like a custody-switch; another version (below) says he got unsupervised visitation… There were allegations of child molestation, which is every bit as much a crime as child-stealing, but is often not handled as such in family law system.
Here’s another one…
Man waits to reunite with daughter
found 14 years after being abducted
as a 7-year-old by her mother
March 5, 2010 | 4:26 pmA woman who vanished 14 years ago with her 7-year-old daughter was arrested Tuesday in Monrovia and her daughter was located unharmed, authorities said Friday.
Wendy Hill, 52, was spotted at a local Claim Jumper restaurant and arrested on suspicion of abducting her own daughter.
Jessica Click-Hill, now 22, was contacted by authorities after the arrest. She is believed to be living out of state.
“I’m just so excited that Jessica is found and well and that, physically, she’s fine,” said the girl’s father, Dean Click. “She’s got family who haven’t gotten to be with her, to spend Christmas or Thanksgiving together, so we’re looking forward to reconnecting with each other.”
Click said that since his daughter is an adult, authorities will not release her contact information. “At this point, she will have to come to me,” he said.
The father said he and his ex-wife were in a custody dispute when Hill cleaned out her Redlands apartment in the fall of 1995 and left with the girl.
Click said he lived in Walnut Creek in Northern California at the time and for years had not been able to visit his daughter without a mediator present. [[he probably means supervised visitation. Mediation is something different.]] He said at the time he’d been accused of molesting his daughter, a claim he denied.
He said he ultimately was exonerated and that his rights were restored for full, unsupervised visits. On his first visit, he said he celebrated by bringing his parents along and taking Jessica out to lunch.
On his second visit, he said he arrived at the apartment complex and found that his ex-wife and daughter had left.
Authorities said Hill changed her name to Gail Jackson and moved from state to state. She was sighted outside Tampa, Fla., and at one point lived in Boston, authorities said.
A warrant was issued for her arrest in 1996 out of Contra Costa County, and the FBI issued its own warrant a year later.
Click said he kept in touch with authorities, but leads were few and far between. Then a tip came in several months ago from the National Center for Missing and Exploited Children about the mother’s alias and her location, said Sgt. Tom Cashion of the Walnut Creek Police Department .
Hill flew to Los Angeles, apparently for a business meeting, and was picked up Tuesday at the Monrovia restaurant, Cashion said.
She has since been taken to Northern California, where she was being held on $250,000 bail.
Click said he was asked by prosecutors if he wanted to press charges.
“I said ‘yes’ because she’s been a thief and she’s taken away those years that I did not get to spend with my daughter,” Click said.
— Amina Khan
Here’s another version, from a blog apparently local to the area she was stolen from. March 4, 2010: This isn’t quite current — the mother is now out on bail.
WALNUT CREEK GIRL MISSING SINCE 1995 FOUND HEAR L.A.: MOM ARRESTED FOR ABDUCTION.
8-year-old Walnut Creek resident Jessica Click-Hill was allegedly abducted by her mom in 1995, and today, the Walnut Creek Police announced they found the girl, who’s now 22-years-old, and arrested her mom for parental abduction.The following is from the Walnut Creek Police….
Walnut Creek Police Detectives took Wendy D. Hill into custody for the parental abduction of her eight year old daughter Jessica Click-Hill in Los Angeles.
This case started in 1995 when Jessica’s father Dean Click reported to Walnut Creek Police that he believed his wife had abducted their child, Jessica. Detectives worked the case and in 1996, the Contra Costa County District Attorney’s Office filed charges against Wendy Hill and an arrest warrant was issued for her PC 278.5.
In 1997, the FBI issued an unlawful flight to avoid prosecution warrant (UFAP warrant). Recently, Walnut Creek Police and the FBI were alerted by NCMEC regarding a possible location for Wendy Hill and Jessica.
WCPD and the FBI followed up on the information and started their search. On March 2, the FBI located Wendy Hill in Monrovia (Los Angeles County) and arrested her on their UFAP warrant.
Walnut Creek Detectives were immediately sent to Los Angeles where they took custody of Wendy Hill.
The FBI has also located and made contact with Jessica.
Early this morning, detectives booked Wendy Hill into the Martinez Detention Facility in Martinez and she is being held on $250,000 bail.
(THIS WOMAN HAS SINCE BEEN RELEASED)..
The “California Family Institute” founder boasts (on the site) how he was one of the first to get a substantial reward under this law… Here’s the resume…(portions of it):
MICHAEL KELLY, ESQ. RESUME:Martindale Hubbell A.V. (VERACITY, Highest Possible Lawyer Rating by Judges and Peers, Preeminent National Lawyer Directory Listing):
California Divorce Attorney, Best interest of Child Advocate, Accomplished Victorious Lawyer:
I. Professional Leadership (42 Years Family Law Experience):
- Chairman of American Bar Custody Committee 2003
- Chairman of CA State Bar Custody & Visitation Comm., two terms
- Chairman of CA Trial Lawyers – Family Law Section Mem. Comm.
- Chairman of American Bar Association – Family Law, Law Practice Economics Committee
- Chairman of American Bar Interstate Custody Task Force Committee; UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act)
- Chairman of American Bar Association – Family Law, Practical Use of Computers Committee
- Chairman of California Family Law Institute
- Chairman of California Custody Commission
- Chairman of Santa Monica Chamber of Commerce – Legal Committee
- Chairman of Santa Monica Bar Association – Family Law Committee, Three Terms
- Judge Pro Tem in Los Angeles County Superior Family Law Courts 20-years
- Family Law Mediator in Santa Monica, Torrance & LA Central District Superior Courts, 24-years
- Executive Member of the American Bar Association – Continuing Education Committee
- Executive Member of the American Bar Association – Economics of Practice Committee
- Secretary of California State Bar – Custody & Visitation Committee, Two Terms
- Produced and Moderated a Course on Negotiations – 1988 Joint Meeting of California State Bar, Child Custody, Support and Division of Property Committees
II. Legal Achievements:
- First CA attorney to try a Grandparents’ rights suit (January 1970) (Petrikin)
- First CA attorney appointed by children to represent them as individuals (June 1984) (Ryan)
- First CA attorney to file suit against an abducting parent under Penal Code 278.5, for $2.5 Million (1985)
- Largest child abduction award litigated in the United States, $12.4 Million (July 1993) (Wang)
- Rewrote and expanded CA Civil Code 4606, “Children’s right to an attorney” (1985), expanding childrens rights to an attorney (Ryan)
III. Teacher:USC Law School, Advanced Family Law & Divorce Litigation classes. All courses have been certified and accredited by the California State Bar Family Law Specialization Committee for attorney certification as family law specialist since 1986 to present.
While I’m at it, let me point out this site was SPECIFICALLY called a site addressed to MEN on an information sheet at a law library near a courthouse in Northern California. Look at the connections this person has, and the functions he has worked, in the family law venue. It is unbelievably interwoven…
This is the same site, where, while women are being told that conflict is bad, and if they have “conflict” with their ex, their heads need to be examined (let us appoint someone official, that we have trained), while apart from this, sites friendly to fathers have pages like this one:
.
Evil unanswered, is evil supported. You cannot allow evil to exist, and you cannot fight it with evil. Evil resisted by evil means, contaminates the resistor. The end that justifies the means is an imperfect and flawed concept. No end justifies evil, hurtful, injurious and mean behavior to others or against innocence.
The very concept of mediation and supervised visitation, parenting plans, etc., in the family venue is a brainchild of increasing noncustodial parent visitation time, when due process, fact-gathering, and evidence wouldn’t. The Family Law venue IS a violation of due process, and it IS a venue where the end (“required outcome– more noncustodial parent time [[noncustodial parent being, “father,” as far as the intent of such programs]] justifies the means, and as such, might be characterized as “evil.” IF the concept is justice, and due process.
Evil flourishes by creating distraction, misdirection, trust, ease, inattention, enjoyment, false pride, etc. If one were asked, “What do you do?”, the answer could ask “I wage war against evil, in all of its myriad forms and colorations, at all times, places and at all costs.”
You cannot face evil on impulse; it thrives on such action. You cannot defeat evil with anger . . . anger makes evil burn brighter. You can only cut down evil with cold, fierce force driven by the vision of right, honor, truth, and godliness. Evil is so opposed to these forces that anything else simply exacerbates the evil.
Evil is heartless by necessity. Both it and the person possessed by it see circumstances and events with the view of a malignant narcissist. All things that do not agree with their view of the world are immediately labeled “Deadly Opponents” in an opposition to the self-appointed right of the evil person to their sole view of what is right and wrong, what is proper behavior and what is not, what should and should not be said, or done . . . how things should or should not be done.
Question:
SO when is a crime not a crime? Or a law against felony child-stealing not a felony or not applicable?
Answer:
When someone in authority says it’s not. And that’s up to whoever decides to prosecute, or, alternately, decides NOT to prosecute. This is NOT up to the parent, but to the reporting officers, and after that, the D.A.
When it is bounced to family law, and ends up as a check mark on a mediator’s report form.
I just searched the well-known “NCJRS” on “Child-stealing” and got these results. notice — they aren’t exactly “current,” for the most part (note years).
Results in Publications (Abstracts Only) | ||
Parental Child–Stealing | ||
NCJ 078760, M W Agopian, 1981, (157 pages). | ||
NCJRS Abstract | ||
Parental Child Stealing – California’s Legislative Response | ||
NCJ 074911, M W Agopian, Canadian Criminology Forum, 3, 1, 1980, 37-43, (7 pages). | ||
NCJRS Abstract | ||
Epidemic of Child–Stealing – What Can Be Done? | ||
NCJ 080631, B W Most, Current, 194, 1977, 40-44, (5 pages). | ||
NCJRS Abstract | ||
Problems in the Prosecution of Parental Child Stealing Offenses (From Parental Kidnaping Prevention Act of 1979, S 105 – Addendum, P 76-87, 1980 – See NCJ-77752) | ||
NCJ 077753, M W Agopian, 1980, (12 pages). | ||
NCJRS Abstract | ||
Characteristics of Parental Child Stealing (From Crime and the Family, P 111-120, 1985, by Alan J Lincoln and Murray A Straus – See NCJ-98873) | ||
NCJ 098879, M W Agopian; G L Anderson, 1985, (10 pages). | ||
NCJRS Abstract | ||
CHILD STEALING – A TYPOLOGY OF FEMALE OFFENDERS | ||
NCJ 036248, P T D’ORBAN, BRITISH JOURNAL OF CRIMINOLOGY, 16, 3, 1976, 275-281, (7 pages). | ||
NCJRS Abstract | ||
Child Stealing by Cesarean Section: A Psychiatric Case Report and Review of the Child Stealing Literature | ||
NCJ 140929, S H Yutzy; J K Wolfson; P J Resnick, Journal of Forensic Sciences, 38, 1, 1993, 192-196, (5 pages). | ||
NCJRS Abstract | ||
Parental Child Stealing – Participants and the Victimization Process | ||
NCJ 085267, M W Agopian, Victimology, 5, 2-4, 1982, 263-273, (11 pages). | ||
NCJRS Abstract |
Here are Miscellaneous Abstracts and characterizations from these ties:
FROM “typology of Female Offenders.” Kinda reminds you of Chesler “Women & Madness…”
Annotation: | CASE STUDIES ARE PRESENTED AND DISCUSSED FOR FOURTEEN ENGLISH CHILD–STEALING OFFENDERS – MOST OF WHOM ARE EITHER PSYCHOTIC, SUB-NORMALLY INTELLIGENT, OR SUFFERING FROM PERSONALITY DISORDERS. |
Abstract: | ‘CHILD–STEALING‘ IS DEFINED UNDER ENGLISH LAW AS THE UNLAWFUL TAKING AWAY OR ENTICING OF A CHILD UNDER THE AGE OF 14 YEARS WITH INTENT TO DEPRIVE THE PARENT OR GUARDIAN OR ANY OTHER PERSON HAVING THE LAWFUL CARE OF THE CHILD, OR WITH INTENT TO STEAL ANY ARTICLE FROM THE CHILD. |
Index Term(s): | Case studies; Child abuse; Crimes against children; England; Female offenders; Kidnapping; Mentally ill offenders |
(I beg your pardon, but due to internet access time, I’m simply copying and pasting. Better option — check the links yourself).
Language: English Annotation: Analysis of parental child–stealing cases in Los Angeles reveals that this crime occurs after a divorce action and following a period of compliance with court-ordered visitation privileges. Abstract: Study data came from cases screened for prosecution by the Los Angeles County District Attorney’s Office between July 1977 and June 1978, the first year in which California law made this activity illegal. A total of 91 cases were examined. The crime generally involved young Caucasians, with fathers generally abducting children from mothers awarded custody. The crimes occurred equally throughout the seasons of the year, but took place more often on weekend days than during the week. The parents communicated after the child theft in almost half the cases. The communication usually involved announcing the offender’s intention to keep the child, trying to influence the severed relationship, or justifying the crime. Surprise abductions and use of force were rare. Although just over half the abductions took place within 18 months of the divorce, 37 percent occurred 2 or more years after the divorce. The child stealing reflected the offender’s desire to maintain a full-time relationship with the child and to help reestablish the marital relationship. Additional California and national data suggest that about 1 child theft occurs annually for every 22 divorces. Further research should focus on other jurisdictions and other aspects of child stealing. One note, data tables, and 22 references are supplied. Index Term(s): California; Child snatching; Crimes against children; Family offenses
IN OTHER WORDS, the young Caucasian fathers didn’t want their women to leave them, so to keep the mother attached, they stole the kids. Nice… It’s not necessarily that they loved the child, or were concerned about his or her welfare.
1980: Parental Child Stealing – California’s Legislative Response
. . . Prior to July 1, 1977, California law had provided that the father and mother of a legitimate unmarried minor child were equally entitled to custody, services, and earnings.
What is a “legitimate” unmarried minor child? One whose parents were married?
Because parents had equal rights, neither parent was in violation of the law, civil or criminal, by taking and concealing the child in the absence of a court order giving custody to a particular parent. On July 1, 1977 the California legislature transferred child stealing from the civil to the criminal jurisdication and toughened sanctions and legal procedures dealing with child stealing. This California legislation is a significant effort toward clarifying numerous legal discrepancies and oversights wich have prompted parents to employ child stealing as an extra-legal method of securing their children.
I find it interesting that child-stealing went from CIVIL to CRIMINAL.
Now, depending on the context, and the prosecutors, it appears to me to be going straight back to CIVIL where protective parents (typically but not always mothers) are involved…. This was my case. It was treated like a minor blip on the radar by a “mediator.” I put the word in quotes, because what happened to us wasn’t “mediation” in any sense of the word, but a bypass of the judicial process, which otherwise would have shown missing kids!
When I search adding the word “parental kidnapping,” results differ:
Parental Abduction: A Review of the Literature NCJ 190074, Janet Chiancone, 2000, OJJDP, (13 pages). Overall, the research on parental abductions indicates that this type of crime can be traumatic for both children and left-behind parents and that the longer the separation continues the more damaging the experience becomes.
THAT would be an understatement!
(some reformatting added 2017Aug ,when I approved a comment that had mistakenly been overlooked. FYI, comments on this blog are few and far between, despite the number of views or followers showing on the front sidebar. I was working hard on current posts (this one now about 7 years old), which takes a lot of focus, and am less active on my own email. I’ll try and remember to check it more recently for submitted comments from now on… //LGH.).
Oconomowoc, not Oconto, Wisconsin. Quiz for my readers…
OK, skim through the articles below — I did. And here are a few questions.
(1) Was this a “family” matter? If so, how many states (and countries) are involved, to date?
(2) The little boy involved was 4 years old (and now his Mom is dead and father in jail, on $2 million bail). He was in a fatherless home. To correct this situation, his father (allegedly) hired someone ELSE to kill her so he could get custody (since the courts weren’t about to fork over the kid), solving the “noncustodial parent” issue, and so forth.
My question is, whose mug shot isn’t up here?
Three arrested in Smith murder
Posted: Nov. 19, 2009
(1)
3 arrested in Oconomowoc slaying; plot to gain child’s custody alleged By Mike Johnson of the Journal Sentinel Updated: Nov. 19, 2009 1:31 p.m.
Waukesha — Kimberly Smith was murdered in her Oconomowoc home Oct. 1 as part of a plot for her ex-boyfriend to get custody of their 4-year-old son, authorities said Thursday in announcing the arrests of the ex-boyfriend and two other men on homicide charges. Darren Wold, 41, the ex-boyfriend, is accused of conspiring with a longtime friend, Jack E. Johnson, 65, formerly of Waukesha, to kill Smith, and Justin Patrick Welch, 26, of French Camp, Calif., is accused of traveling to Wisconsin and stabbing her to death, Chief David Beguhn said during a news conference at the Waukesha County Sheriff’s Department. Authorities on Oct. 27 had identified Welch as a suspect in the homicide after his DNA was found on a knife and latex/vinyl-type gloves recovered in a sewer drain near Smith’s home in the 300 block of S. Maple St., according to court records. An arrest warrant was issued for Welch that charged him with first-degree intentional homicide. At the time, police said Welch might be driving a Jeep Patriot that was reported stolen in California. Investigators launched a nationwide manhunt for Welch, and through their investigation, connected him to Johnson, of Obrero Rosarito, Mexico, Beguhn said. Authorities placed an alert with U.S. Customs and Border Protection asking that they be notified if Johnson attempted to cross the border. Johnson was taken into custody about 1:10 p.m. Wednesday as he attempted to enter the United States. About 2:30 p.m. Wednesday, Welch was arrested by Mexican authorities after a brief vehicle pursuit near Rosarito, Mexico. Police were attempting to stop the Patriot because it was stolen, Beguhn said. Welch was turned over to U.S. authorities. Both Welch and Johnson are being held in the San Diego (Calif.) County Jail. Johnson is charged with party to first-degree intentional homicide. Wold was arrested Wednesday night at his Lubbock, Texas, home. He is being held in jail there on a charge of party to first-degree intentional homicide. All three men are being held on $2 million bail. Smith, 39, was found dead about 9:30 a.m. Oct. 1 in her home in the 300 block of S. Maple St. Her hands were bound and she had been stabbed a number of times, court records state. Her 4-year-old son, Jackson, was home at the time of the slaying but did not witness the killing. Smith’s current boyfriend, who lived with her and Jackson, found Smith’s body in the living room and called 911. The boyfriend said he had left for work about 6 a.m. and returned after learning that Smith didn’t show up at her job, according to Beguhn. Welch’s ties to Wisconsin are not known, and investigators do not know if Smith knew him. Smith’s relatives told investigators that they do not know Welch.
(2)
Oconomowoc investigators get break in murder of Kimberly Smith
Bob Moore FOX 6 Reporter
October 27, 2009
WITI-TV, MILWAUKEE – Oconomowoc investigators get their first and only break in in the murder of Kimberly Smith. Smith was found dead on October 1st. Tuesday morning, a Waukesha County judge issued an arrest warrant for a California man, Justin Welch.
Police collected evidence from an Oconomowoc home on the morning of October 1st. Last Friday, a DNA analysis of several items matched the DNA of 26-year-old Justin Welch.
Welch is now the focus of a nationwide manhunt. The Waukesha County arrest warrant is for first degree intentional homicide. He’s suspected of killing Kim Smith. Welch is wanted in California on a felony, no-bail warrant for a parole violation.
Police are now trying to determine the connection between Welch and Wisconsin. They suspect Welch and Smith may have connected on the internet.
If you have any information about where authorities might fight Welch, you’re urged to call the Oconomowoc Police at 262-567-4401 or the Waukesha Co. Sheriff’s Dept. at 262-446-5070.
(3)
Kim Smith remembered for big smile, thoughtfulness
Oconomowoc murder victim identified
By Katherine Michalets and Jeff Rumage Freeman Staff
Oct 3, 2009
. . .
According to a news release, Smith was found dead in the living room of her residence at 334 S. Maple St. The police department was notified by dispatch at 9:32 a.m., and officers and rescue personnel arrived on the scene within two minutes.
Oconomowoc Police Chief David Beguhn said the boyfriend that she lived with left for work at 6 a.m. When he called her at the Waukesha County Department of Health and Human Services where she works, he was told she had not come in, so he returned home to find her dead body, Beguhn said.
Police believe the murder took place sometime between 6:30 a.m. and 9:30 a.m.
Smith was also living with her son, who was unharmed by the event. After the murder, the young boy underwent a forensic interview at a specialty care center in Waukesha. Based on those interviews, it did not appear the young boy witnessed the event, Beguhn said. The boy is staying with his grandmother, he said.
Online court records show Smith was involved in a yearlong custody battle with the father of the boy. Beguhn said police contacted the man Thursday, and he was in Texas, where he lives.
Police File Four Sealed Search Warrants In Oconomowoc Homicide Case
No Arrests Have Been Made
POSTED: 6:50 pm CDT October 6, 2009
UPDATED: 10:47 am CDT October 7, 2009
etc.
QUIZ:
- These are the ages involved:
26, 4, 65, 41, 39
- These are the geographies (state/country):
Wisconsin, California, Texas, Mexico
- These are the last names, not including the boy: Welch, Wold, Johnson, Smith, Beguhn
Question1: Who’s who?
Match age to state to last name — quick now… can you keep them straight?
Question 2: How many generations, so far, has this one event affected?
(answer — apparently, four. youngster, 20 yr old, 40yr olds, 65 yr old.)
Question 3:
- Did anyone (article) mention domestic violence yet? Want to place a bet whether there was or was not such a criminal record? (I’m thinking, probably not). Would a restraining order have helped her somehow? Was she aware of her danger (lethality assessments)? (Note: 3rd party involved, bound hand and feet, she maybe didn’t have her first cup of coffee or get out the door to work yet). Was she in an unsafe place? YES: Her home, after a custody battle.
Question(s) 4:
- What was Dad doing in Texas? Did having Dad in Texas make anyone safer?
Question(s) 5ff:
- Did fast response by police, or a live-in boyfriend make her any safer? No, she’s dead. But his fast response helped probably catch the killer.
- Did her expertise in Health &Human Services make her any more alert to the danger? (Apparently not).
Finally:
Do I have time to analyze this one?
Answer: no.
Instinctive response (no wrong answer):
What word comes to your mind in regards this case? Summarize/label it…. Answer must be in 3 words or less.
You know what word comes to mine? In light of the: Wisconsin/California/Texas/Mexico connection, plus a 4 year old boy and willingness to KILL to get custody…. what a dedicated father. . . .
Child-trafficking. But maybe that’s just me.
Sure, it’d have been better if they’d had a better marriage, or married, or stayed married. But suppose there had been a mismatch, and there had been violence — should she have kept herself and her son around for more?
What about that shared parenting theme? Wasn’t Dad interested, or wasn’t he allowed? It’s dangerous pissing off a Dad these days, apparently…. Maybe that’s part of the formula with this fatherlessness thing. It’s countercultural, it’s not accepted culturally, and that can get REAL sticky with cultures (or religions) that place themselves above the law. Or individuals.
Here’s another excerpt from (I think) first article link, above. Catch the drift?
Long-running dispute
Smith was entangled in a custody dispute with Wold, and the proceedings were favoring her.
Question: Which one of my posts handles the hazards of actually winning in court?
Court records show that Smith and Wold, who previously lived together in Germantown and in Pennsylvania, have been fighting for more than two years in Washington County Circuit Court over custody of the boy.
As these things can go, that ain’t ‘squat.’ Look at the Oconto County, WI case. There are ways to keep it going, and going, and going. . . .
In July, Wold was ordered to spend 60 days in jail after being held in contempt of court, but the jail time was to be imposed only if he failed to follow certain conditions for a year, records show.
He had lied about where he was living and failed to make court-ordered payments.
LYING, in court especially, about where one is living is a character indicator. Courts ought to wake up. Guess this was a family court…
QUICK now, before you’ve thought about this, one there are others. I can’t keep up, myself…
Federal Designer Families: How Californians got their “CFCC,” CRS Year 2000 Report on Access Visitation
with 4 comments
This post is about 10,000 words. Enjoy!
I have about six posts in the pipeline, all of them timely to some recent indicators (developments) in the “protective mothers” field. All of them, as usual continuing to emphasize a functional vocabulary in discussing the family courts, and pointing out a few significant historical developments affecting them that those IN them rarely point out to clients, which I find strange.
By contrast, the developments in the “responsible fatherhood” field seem to be moving ahead with the usual momentum, and under-reported among “the commoners,” i.e., the general public and most family-court reform groups, who, apparently, don’t consider worthy of notice that this network even exists, or is a priority to understand.
However, it does. In fact, if you check some of the post-PRWORA-propped up nonprofits, centers, institutes, programming and the “same old, same old” hotshots, there is apparently nothing more important to talk about than what they have done, are doing, and how much HHS is going to pay them this time (sometimes that refers to a five-year, multi-million-dollar grant) to further strengthen and extend their communications, technical support, outreach/ recruiting and funding pipelines already set up in the “Fatherhood” network. (Recent example) Using federal funding to a university. One of team members historically associated with AFCC, another thing family court advocacy groups are averse to talking about.
There are also certain chronic weaknesses and vulnerabilities within this “HMRF” field (but also present, to a degree, in the domestic violence prevention field also), which would be excellent leverage to address some of the problems protective mothers are having in the courts, and I have yet to hear any legitimate (if indeed any) explanation why no significant protective mothers organization, or their featured professionals, has seen fit to raise the topic seriously with a view to DOING something about it, for at least the past dozen years, even when after a certain point, the leadership surely became aware that “outside” information on the responsible fatherhood field, HHS grants and AFCC was somehow “leaking” into the field of vision of some of the “fix the courts” promoters. One whitepaper did come out over a year after I, literally, did several posts (on two blogs) naming names of the “Let’s JUST not talk about it!” groups and proving which personnel at least knew the whole time.
Nearly two days of technical (keystroke processing speed almost at a standstill) problems with my computer slowed getting them published. Meanwhile, working out that situation, and concerned about output at this time, I decided to re-publish a 12/5/2009 FamilyCourtMatters post which is STILL more relevant than the average conversation I see on the family court reform in 2016, original title “While You Were Sleeping,… How Congress got into the Family Law Business.”
I have not yet extended the “Table of Contents” back to 2009, so “While You Were Sleeping” was probably missed by most people who may read or follow this blog. It is not the kind of information one tends to stumble across in general search terms on the family courts or its handling of situations and allegations of criminal behavior such as domestic violence or child abuse. Last month, I felt this post was important enough to clean up (formatting) and link to it, now I am actually re-posting.
It references by name key elements in networks I am blogging consistently on — public/private partnerships, and HOW does the federal government got its hand in into the state-level cookie jar without quite getting caught at it, and vice versa, while the courts themselves contribute to an ever-expanding and increasingly dependent on social services population.
**Mostly, these posts-in-the-pipeline again review some basic vocabulary with which we can talk about things which both the protective mothers’ perspective, and definitely in the fathers’ rights perspective have for years resisted discussing on-line in anything approaching a coherent manner, using accurate and relevant terms to describe the infrastructure and how it networks to promote either their own perspective, or the perspective for which they want “systemic changes” or “a paradigm” change for [divorce law, family courts, child support] because it’s: unfair to fathers, unfair to mothers, dangerous to children, or gender-biased against men (or women), is destroying the American family, human rights,civil rights, etc.
We who are concerned, afflicted by, or discussing the problems in the family courts, should ALL know and talk what top-level state institutions (such as the California Judicial Council), federal deliberations courtesy of CRS (Congressional Research Service) (“Should the Federal Government get involved in Family Matters which are under State law jurisdiction?”) (unsaid: “HOW can we get our fingers into family and divorce courts without getting caught on it, or held responsible for any negative effects after we have?”) ….. (And “WHO will help us do this?” some of which this post shows who actually did) are actually involved, or, for example, just how one state ends up copying the court (privatization and outsourcing) practices in another.
For example, I had years of personal encounters through the courts before I became aware of the information in just this excerpt from that 2009 post below. The publication talking about it came out in the context of a state-level, state-wide evaluation of the ruling body of the courts published around May, 2012. Take a look at this excerpt, which will be repeated below, without the olive-green background:
THE REPORT on the AOC, with its section on the CFCC Division IS RECOMMENDED READING for understanding many things which may relate to complaints about the family courts nationwide. Information on the AOC’s/CFCC begins on page 81:
A Statewide Office on Families was merged with a Center on Children and the Courts. Consolidation, Year 2000
…
Notice input from the National Center for State Courts [NCSC] in 1997, a “needs assessment” and that it was first aimed at JUVENILE DEPENDENCY — not the entire family law system. Notice the title in 1997 didn’t yet include the words “Family.” Anyone that is running (sponsoring, calling for) a “needs assessment” may very well already have an intended “solution/fix” in mind. These are rarely 100% neutral. [[The National Center for State Courts is a 501©3], technically speaking, in the private sector, despite its name. It files a Form 990]]
Collaborative Divorce has been an ongoing theme promoted by AFCC members. This can be seen in some of the nonprofits formed, by looking at who formed them. Not the topic of this post….
Did you know that in apparently about Year 1983 (but not continuing, I think), the NCSC also served as the “Secretariat” for the organization AFCC? I believe it’s on my sidebar in one of the AFCC newsletters of that year.
If you’ve gotten this far in this dense post –and are even reading my blog — do I need to spell this out further?…
SUMMARY: The Courts in the State of California have increasingly centralized control and operations over time, other parts of the report also show. The timing of some of the special divisions seems to correlate to increased federal funding for programming that these divisions seem to control — from the administrative sector…. Good to keep in mind…
But notice, they first set up two separate elements — a division within the AOC, and a Statewide Office. Then, they combined them. Then within the State-level office are links to the private, tax-exempt sector encouraging business with it. Any entity (which is to say anyone running an entity) which wants excellent, authoritative, advertising then is helped by connection to a state-level promoter within (here, as an example) the CFCC section of the Administrative Office of the Courts. “Coincidentally,” it appears that key members of the CFCC (such as Charlene Depner, and I believe, Shelly LaBotte as to the Access Visitation grants management) are also long-time, loyal members of AFCC. AFCC as an organization has certain interests that not all Californians, or Americans, may necessarily agree with, and in its own website claims responsibility for many so-called positive innovations in the family court field.
They are also pretty good at setting the stage for creating new professions at the expense of the courts (the public) and parents (also, the public), one of the earlier ones pushed was mediation, one of the later, “parent coordination.”
Another reason I would question any advocacy group who, knowing about this organization, didn’t talk — and keep talking — about it.
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Written by Let's Get Honest|She Looks It Up
May 26, 2016 at 9:43 am
Posted in 1996 TANF PRWORA (cat. added 11/2011)
Tagged with "CHILD SUPPORT ENFORCEMENT AND VISITATION: SHOULD THERE BE A FEDERAL CONNECTION?" (CRS Rpt 97-590 updated 6-20-2000), "Outflanking the Nation-State: David Mitrany and the Origins of Functionalism", AFCC, AFCC CFCC AOC Judicial Council, Carmen Solomon-Fears, CRS Rept 97-590, CRS-Congressional Research Service, Due process, Elements of the Network, fatherhood, Global Pound Conference of the IMI, HHS-TAGGS grants database, History of Access and Visitation Legislation, House Ways and Means-Human Resources Subcommittee (Jurisdiction - Titles I ~IV ~VI ~X ~XIV ~XVI ~XX and related provisions of titles VII & XI of the Social Security Act per 112th Congress rules), IMI - International Mediation Institute (Dutch/UN Consultative NGO), men's rights, murder-suicides, obfuscation, social commentary, Statewide Office of Family Court Services (in Calif in 2000 merged into a "CFCC"), Studying Humans, U.S. Govt $$ hard @ work.