15 THINGS THAT A BATTERED WOMAN NEEDS.

Posted in Uncategorized on December 20, 2009 by Claudine Dombrowski

Note: Cross posted from [wp angelfury] Battered Mothers Rights – A Human Rights Issue.

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15 THINGS THAT A BATTERED WOMAN NEEDS.
by Susan G. S. McGee

1.) VALIDATION – support, belief, belief that what she’s suffered is abuse and is wrong,
belief in the details of her story, belief that she is not crazy, belief in the sometimes
unbelievable malice and planned terrorism of the batterer.

2.) SUPPORT, COMFORT, RESPITE – to be told that she is a worthwhile, valuable, wonderful human being, that she is lovable, that she matters – to be told over and over and over. She needs some plain old down home kindness and caring. She needs some time to herself.

3.) TO BE ASKED “What do you want? What do you need?” And she needs her
answers taken seriously.

4.)  NOT TO BE EVALUATED, NOT TO BE BLAMED, NOT TO BE PATRONIZED – not to
have her whole life, character, plans, intentions, and actions scrutinized, evaluated and judged, just because she’s had the misfortune of falling in love with/being entrapped by a domestic terrorist.1 To be asked – and then to be reminded – what she did right, how she protected herself, how she protected her children, how she survived, how she prevailed, how she sustained her energy throughout brutal attacks. To be told that it’s not her fault.

5.) TO BE GIVEN HOPE. To be offered connection with other battered women who have
survived and escaped. To know that many, many battered women get away, stay away
and flourish.

6.)  A SEA IN WHICH SHE CAN SWIM SAFELY2 – temporary safety in shelter, safety in her
own home, or in new affordable housing.

7.) TO BE SURROUNDED BY PEOPLE WHO “get it” – loving family and friends, co-workers, neighbors, colleagues, bosses, health care professionals, law enforcement folk, school and day care personnel – people who understand that:  “just leaving” is difficult under the best of circumstances, but almost impossible when batterers stalk, harass, gain access to their victim through custody and visitation of their children; that the batterers’ “problem” is not poor impulse control, or a tortured childhood, but “his sense of entitlement to the life, services, affection, undivided attention and loyalty of his victim”;3 and that battering is not impulsive, but instrumental – that he doesn’t have poor impulse control, a temper problem, a short fuse, an explosive personality, but that he has carefully planned the abuse to get what he wants or to punish her for breaking his rules.

 

“just leaving” is difficult under the best of circumstances, but almost impossible when batterers stalk, harass, gain access to their victim through custody and visitation of their children; that the batterers’ “problem” is not poor impulse control, or a tortured childhood, but “his sense of entitlement to the life, services, affection, undivided attention and loyalty of his victim”;3 and that battering is not

“I would have put emotional support at the top of the list because without it all other support is ineffective. If I didn’t believe I could leave, cope, stay away, survive, then I wouldn’t have even tried. In those crucial first days, weeks, months, years, it is vital that others
believe in us because we don’t believe in ourselves.

That doesn’t mean I wasn’t conscious of other needs. I was and that’s what terrified me. What if my
kids went hungry? What if we didn’t have a roof over our heads? What if he was right that I was a
complete f*&^#p and the source of everyone’s problems? What if the court gave them to him because

I messed everything up? What if he killed me and they were left behind to be raised by him?

What I needed more than anything was a safe place, a cocoon, to live in, to nestle in until my
soul wasn’t so tired, until the numbness wore off and I could think again.
A place without time limits because if I knew those time limits were in place, I couldn’t have rested,
would have worried the whole time. I know that isn’t likely to happen for anyone but that’s what I
needed.”

Loretta Kemsley, a writer who uses her skills to give voice to all those not yet able to speak out.
8.) HER CHILDREN. She needs to be able to keep her children and keep them safe -not to be threatened by: the batterers’ kidnapping; kidnap attempts; abduction through the courts (getting custody); threats of violence and kidnapping through visitation; deliberate alienation of the children from her through horrible and untrue tales; batterer raping and beating the children; having the children removed by child welfare because the batterer is beating, raping and neglecting them and the police and child welfare can’t stop him, etc. She also needs help and protection for pets and farm animals.4

 

9.) TO BE ABLE TO PARTICIPATE IN HER COMMUNITY – community of faith, culture, education, family, workplace, without interference and harassment from the batterer5 including the batterer6, spreading careful lies and half truths about her character, fidelity, mental health, use of alcohol and other drugs, violence and parenting. This is particularly important for survivors from small closed communities – minority faiths, military bases, reservations, immigrant communities, lesbian or gay male community, deaf community -
communities that provide substantial economic, emotional and survival support to its members.7

10.) TO BE GIVEN ACCURATE, UPDATED, ENERGETIC, CONCRETE INFORMATION about the dynamics of domestic violence, the opportunities for help in her community, the actual practices that occur among police, courts, etc. without thought of the political ramification. To be told the truth — that the system doesn’t always work, that in some places it rarely works, and it’s not her fault.

11.) TO BE OFFERED INFORMATION about sexism, about how women are routinely degraded and bought and sold, about how her experience is part of a world wide system to keep women under control, that the tactics of the batterer are commonly used by
assailants throughout the world, and by those who abuse power over others.

12.)  ACCESS TO HIGH QUALITY, AFFORDABLE LEGAL REPRESENTATION – for custody, visitation, divorce, and advice and assistance in criminal matters.

13.)  ACCESS TO ADVOCACY – high quality, ferocious, respectful, culturally sensitive advocacy – the kind that makes you feel that you always have someone on your side. Someone to stand up for her, fight for her and believe in her.

14.) TO BE ABLE TO CALL FOR HELP AND GET IT. When she calls the police, goes to
court, tells her doctor, contacts child welfare, in other words, interacts with systems set
up to enhance her safety she needs a helpful response. She needs not to be punished
for seeking help.

15.) A CHANCE FOR (ECONOMIC) SURVIVAL – help with credit repair, money, housing, education and employment opportunities, child care, transportation, quality medical care, dental and eye coverage – as well as access to mental health and substance abuse services when needed.

 

1 Please note – the battered women’s movement was talking about terrorism far before 9/11, just the way the women’s liberation movement had tried to tell the world about the Taliban for years prior to 9/11.
2 Susan Schechter said in a workshop in 1983 that survivors needed to be safe within their own
community, to be fish in the sea, I assume she was paraphrasing from Mao.
3 Paraphrased from Barbara J. Hart, survivor, advocate, attorney, from the article “Rulemaking and
Enforcement/Rule Compliance and Resistance.” 1996.

4 The Humane Society now has a program about animal abuse and its connection to other forms of

violence. Prior to that, however, many of us knew how batterers killed, tortured, and threatened pets and
farm animals in order to inculcate hopelessness and despair and to prove that he was capable of any
atrocity.

5 Conversation with Barbara J. Hart

6 And the batterers’ allies, hostile family members, and other people he persuades to do his dirty work for
him.

7 Particularly communities that are under pressure or are experiencing discrimination and injustice. Obviously there are many more than are referenced here.

 

© April, 2004. Susan McGee. SusanGSMcGee@aol.com With many thanks to the 5rs, especially Gale Martin, Cheryl Soehl, Loretta Kemsley, Vietta Helmle, Linda Leavitt, Lydia Walker, Rose Garrity, and Janyse Ashley for thoughts and inspiration. Feel free to reproduce, send around, and post this article for all educational, nonprofit, and hellraising purposes. Please cite me as the author and do not change without permission.

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Dad retained custody despite numerous child abuse and neglect allegations; now child dead from "suicide" Dastardly Dads

Posted in Uncategorized on December 18, 2009 by Claudine Dombrowski

 Dastardly Dads

Dad retained custody despite numerous child abuse and neglect allegations; now 11-year-old boy is dead from "suicide" (South Lake Tahoe, California)

Dastardly Dads  Why the hell did dad DAVID ELLIOTT have custody of his 11-year-old son? And who gave it to him?

Family Services has been investigating this custodial father for 8 years over concerns regarding lack of supervision, physical abuse, parental drug use, and lack of household necessities. The most recent contact was only a month ago. Yet all were "unsubstantiated." I’m convinced these so-called investigators are deaf, dumb, and blind.

Although she had "joint custody," Mom was only awarded visitation on weekends and holidays. This despite the fact that Dad was unable to maintain heat or hot water in the home for the past six months. (Note that the dimwit investigators said this claim was "unsubstantiated," then turned around and handed the dad "placement prevention funds" to help restore gas services to the home.)

On Daddy’s side, Family Services offered him "parenting" classes, help with obtaining Medicaid, and provided "counseling" for both father and son. (They were also facilitating "contact" between the boy and his mother by phone. Isn’t that special? But why was this necessary? Was Dad cutting off phone contact? Was Mom’s access restricted, despite the fact that it doesn’t appear that she was the one with all the problems?)

It looks like these damn authorities were bending over backwards trying to accommodate (if not coddle) this deadbeat, abusive, and neglectful father. While this poor little boy is having to get Family Services involved just to talk to his mom on the phone. WHY?

After all the b***sh** these people have been putting out over the past 8 years, it’s now claimed the boy’s death was a "suicide." And that there were no signs of "foul play" or "abuse," so no charges are pending against Daddy.

What a freaking crock. Even if Daddy didn’t have a direct hand in this boy’s death, he had a role in this. And the agencies who went out of their way to keep this boy in his father’s home and away from his mother.

Mom says she supports an investigation. And so do I. Dastardly Dads

http://www.tahoedailytribune.com/article/20091218/NEWS/912179979/1056&parentprofile=1056

Friday, December 18, 2009

Child welfare officials investigate South Lake Tahoe boy’s death

Sheriff’s office finds no signs of foul play

By Roseann Keegan

SOUTH LAKE TAHOE, Calif — Child welfare officials are investigating the suicide of an 11-year-old Stateline boy to see if a lack of supervision played a role in his death.

The Nevada Division of Child and Family Services released a report this week regarding the Dec. 14 death of Chandler Nash-Elliott, a fifth-grader at Zephyr Cove Elementary School.

The report states that Family Services has been involved in the boy’s life since 2001 due to concerns of lack of supervision, physical abuse, parental drug use and lack of household necessities to care for a child. The report states that those claims were unsubstantiated.

It’s unclear at this time why the case remained open at the time of Chandler’s death. A case worker met with the boy and his father, David Elliott, as recently as Nov. 19, according to the report.

Chandler lived with his father in their Tina Court home on Kingsbury Grade where his body was discovered.

Elliott could not be reached for comment. A phone number previously used to reach the father has been disconnected.

Chandler’s mother, Marie Barstow, had joint custody with visitation on weekends and vacations. She was in Arizona when Chandler died. Barstow said she planned to spend Christmas with her son.

Barstow said she supports any investigation into her son’s death.

“I welcome it,” she said.

Barstow called Chandler’s caseworker in November to complain that Elliott’s house was without heat or hot water for six months, she said.

Ben Kieckhefer, public information officer for the Nevada Department of Health and Human Services, said the report’s claim of lack of household necessities was linked to that issue.

The report also states:

• The division made referrals to the family to DCFS–Intensive Family Services, Medicaid and referred the father to parenting classes for dealing with pre-adolescent youth.

• The family did not use DCFS–Intensive Family Services. The social worker was working with the family on obtaining Medicaid and counseling.

• The division provided the family with placement prevention funds to help restore gas services in the home, even though the report states that claims of lack of household necessities was unsubstantiated.

• The division also facilitated contact between mother and child by phone, and confirmed that the child was seeing the school counselor three times a week and was often eating lunch with the school counselor.

The Douglas County Sheriff’s Office concluded its investigation into Chandler’s death Thursday. Spokesperson Sgt. Jim Halsey said there were no signs of foul play or abuse related to the death and that there are no charges pending against the father.

Zephyr Cove Elementary Principal Nancy Cauley said she was unable to comment on the school’s involvement in the case due to district policy.

The report also stated that the division will be offering services to the family to address grief and loss. Barstow said she has not yet been contacted.

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$$- Funding

Posted in Uncategorized on December 18, 2009 by Claudine Dombrowski

Note: Cross posted from [wp angelfury] Family ‘Lawless’ Court Whores.

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from the research Let’sGetHonestBlog

 
$$- Funding
00 Search Tools
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Issues, per authors
  • 2006 – State of American Manhood One of the more relevant pieces around, I blog on this June 2, 2009. Courtesy “postsecondary.org and postsecondaryopportunity.blogspot.com — pls visit! 0
  • Kids in Distress in Australia (cf. CourageousKids in the US) Well written discussion, many links. Parallels US situation…”In 1975 the no fault divorce rules came into force. This meant that the normal tests of morality and behavior such as drug addiction, infidelity, gambling, and violence were irrelevant to a d 0
  • Richard Gardner says (er, said…) From StopFamilyViolence. Pro-PAS = Pro THIS. FYI, “Stop Family Violence does not agree with the views espoused by Gardner – we find them disgusting, offensive, and most importantly, they are not correct. Gardner’s views are based in his own perverse t 0
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Copyright “fair use” doctrine cited USC Title 17 Ch 1 SEC. 107

The "fair use" doctrine allows limited reproduction of copyrighted works for educational and research purposes. The relevant portion of the copyright statue provides that the "fair use" of a copyrighted work, including reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright. U.S.C. Title 17, Chapter 1, Sec. 10

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First battered at home and then by the State

Posted in Uncategorized on December 18, 2009 by Claudine Dombrowski

Let’sGetHonestBlog

Not a Private Matter – Why "Family" "Law" System Hurts Us All

First battered at home and then by the State (Great Britain/US)

without comments

Camilla Cavendish

From Wikipedia, the free encyclopedia

Camilla Cavendish is a columnist and leader writer for The Times. She graduated from Oxford University in 1989 with a degree in Philosophy, Politics and Economics. She has worked as a McKinsey management consultant, an aid worker, and CEO of a not-for-profit company. She is also a former Kennedy Scholar, having spent two years at the John F Kennedy School of Government at Harvard University, where she obtained a Masters in Public Administration.

She was awarded the 2008 Paul Foot award for campaigning journalism. In 2009 she was also awarded “Campaigning Journalist of the Year” at the British Press Awards. Awarding her the prize for Campaigning Journalist of the Year, the judges said: “A good newspaper campaign should be about an issue of serious injustice and strong public interest. A great one will be unexpected, one in which the outcome is not a done deal and which will in the end affect serious change. This campaign does that.” Cavendish won the awards for her writings in The Times about the child protection injustices which she claimed resulted from the Children Act 1989 and the practices of family courts dealing with child protection issues.

T

:

First Battered at Home, then by the State (Camilla Cavendish)Camilla Cavendish

From The Times

October 31, 2008

First battered at home and then by the State

Women who manage to escape domestic violence then find themselves under suspicion and facing a wall of silence

{TELL me about it . . . . . .}Excerpts:

Ann – not her real name – was in an abusive marriage. The council advised her to move into temporary accommodation the next time her husband became aggressive. She did.

At this point Ann was a textbook victim. Her little boy had had an operation. She cared for him and took him to medical appointments. When she started living with another man, Bob, and got pregnant by him, her ex-husband sued for custody. He claimed that Ann suffered from a condition that used to be called Munchausen’s syndrome by proxy and is now known as fabricated or induced illness (FII). This would have led her to pretend the child was ill.

Despite a surgeon explaining that he had made most of the medical referrals, social workers seem to have become convinced that Ann was a liar. When a teacher reported that the boy was scared of his dad, the idea was said to have been put into his head by Ann, because he used “adult words”. The father won custody. Ann’s little boy now sees her for only three hours a week

{Pause to note that the “whomever” had forgotten the council’s first advice for her to move out}

{which goes to show the inundation with specialized jargon can cause amnesia??}

This sounds like CLASSSIC court case in the U.S. 

I met a woman locally, who was talking intensely into a cell phone.  Something about her intense but not yet frantic manner reminded me of the DV thing.  I overheard a comment or two, and finally asked.  Sho ’nuff, she had separated, and had a protective order on in one state.  She was (as a RN) having her children see a specialist for a fairly serious condition adn was herself an RN.  No matter, she was accused of Munchhausen’s, induced to return to the home state (from treatment) and lost custody of her kids to the abuser –while the RO was on.  Get it together, folks!). 

{Same article….} In the past three months I have spoken to a surprising number of women who have escaped domestic violence only to find themselves accused. First, they are blamed for having exposed the children to violence. Then, when they get up the courage to leave, they are suspected of being too weak to cope alone. One woman told me that she was labelled as a “weak parent” because she rang the police whenever her ex, against whom she had a restraining order, prowled round her home at night. Many claim that their ex-partners started to accuse them of being mentally ill as soon as they departed or after they turned down a derisory divorce settlement.Thus the psychological abuse continues.

http://www.timesonline.co.uk/tol/comment/leading_article/article4282019.ece

This is not new in the U.S.  See Wellesley Center for Women:

Battered Mothers Fight to Survive the Court System

This is 6 years old, and states that the presumptive custody law wasn’t enforced back then, either.

Battered Mothers Fight to Survive the Family Court System

Research & Action Report Fall/Winter 2003

Human rights abuse charges are commonly used to attempt to tarnish political leaders and institutions in other countries. However, when the human rights lens focuses on U.S. institutions, such as the Massachusetts family court system, alarming cracks appear in the American assumption of justice at home. The Centers’ Battered Mothers’ Testimony Project (BMTP) has found that battered women often face yet another form of abuse in court.

Battered Mothers Speak Out, a report published by BMTP in November 2002, documents the human rights violations battered women suffer when they fight against their abusers for custody of their children in the Massachusetts family courts. Since 1999, project codirectors Carrie Cuthbert and Kim Slote have been gathering evidence about court processes and outcomes from abuse survivors, their advocates and counselors, and from state judicial and government officials.

Mixed Message from the State

“Battered women get a mixed message from the state,” Cuthbert said. “On one hand, they are told to leave their batterers to protect their children. But when they leave, they have to go to family court to resolve issues. The court tells them to maintain relations with this person and to foster a relationship between the children and their abuser. This way, batterers can continue the abuse following separation.”

In court, women are often at a disadvantage. A law that could provide critical protection—the Massachusetts Presumption of Custody Law that affirms that children’s best interests are not served when they are placed in the custody of a batterer or child abuser—is not regularly enforced. Women usually receive custody in uncontested cases, but the 1989 gender bias study commissioned by the Massachusetts Supreme Judicial Court found that fathers win three times more often than mothers in contested custody battles.

Ensuring better treatment and outcomes for battered women facing custody battles is urgent, says the BMTP team. Courageous women who left brutal partners expect justice in the family court system, and they are dismayed when custody goes to the person who abused them or their children. “Women lose trust in the court system,” said Cuthbert. “That means battered mothers may stay with the batterer because they at least have some measure of control when they are present in the home.”

Although the research project ends in December 2003, the work of transforming project findings into concrete policy and practice is just beginning. A new grassroots organization of survivors and advocates—the Massachusetts Protective Parents Association—began meeting last summer. (2002) The project has been replicated in Arizona and several other states have expressed interest in the Massachusetts effort, all indications that the project’s impact is growing.

Human Rights Perspective

The project’s focus on international human rights standards helped draw support from survivors and transform them into leaders, BMTP leaders say. “Human rights looks at how governments treat citizens,” said Cuthbert.

It is one thing to go up against a single creep, whose habits you know.  It’s quite another to take on a system that supports him and denies your version of events!

This needs to be addressed!

http://www.bullyonline.org/stress/ptsd.htm

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MAN accused of fathering four children with his own daughter has pleaded guilty to 13 charges including incest.

Posted in Uncategorized on December 18, 2009 by Claudine Dombrowski

 

http://www.heraldsun.com.au/news/breaking-news/man-pleads-guilty-to-incest/story-e6frf7jx-1225811833885

Man pleads guilty to incest

  • From: AAP
  • December 18, 2009 4:12PM

A MAN accused of fathering four children with his own daughter has pleaded guilty to 13 charges including incest.

The man, aged in his 60s, is accused of repeatedly raping his daughter over three decades since the 1970s, starting when she was aged 11.

Appearing in the Victorian County Court via videolink today, the man – who cannot be named for legal reasons – pleaded guilty to 10 counts of incest, two of indecently assaulting a girl under 16 and one of common law assault.

He has been in custody since he was charged in Morwell, in Victoria’s southeast, in February, and is due to appear in the same court for a pre-sentence hearing in February next year.

Victorian authorities have faced questions about what they knew about the alleged 30 years of abuse.

In September, Community Services Minister Lisa Neville resisted calls for her resignation after the case became public.

Start of sidebar. Skip to end of sidebar.

Related Coverage

End of sidebar. Return to start of sidebar.

Ms Neville admitted she and the Department of Human Services (DHS) secretary Fran Thorn knew nothing about it even though the alleged victim was cared for by authorities for some time.

Ms Neville directed Child Safety Commissioner Bernie Geary to investigate the case and what involvement the police, DHS, health professionals and other agencies had had with the family during the three decades.

The incest story broke shortly after the release of a damning report from Ombudsman George Brouwer, who raised serious questions about the department’s capacity to protect children.

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Police reprimanded over serious domestic violence failings

Posted in Uncategorized on December 18, 2009 by Claudine Dombrowski

 

http://www.guardian.co.uk/society/2009/dec/18/police-criticism-domestic-violence

Police reprimanded over serious domestic violence failings

Greater Manchester police failed to assess risks to woman murdered by violent husband, rules IPCC

A victim of domestic violence

Police have been urged to improve their skills in dealing with domestic violence.

Police forces were urged today to become more skilled at dealing with domestic violence after serious failings were exposed in the way officers handled the case of a woman who was stabbed to death by her husband after a long and volatile relationship.

Greater Manchester police was criticised by the Independent Police Complaints Commission (IPCC) for failing to properly assess the risks faced by Katie Boardman at the hands of her husband, Brian Taylor.

In the last 16 months of her life officers dealt with 11 incidents involving the couple. But the force failed to put the incidents together and form a view of the risk to Boardman. Instead, it dealt with each call-out as an individual incident.

In the last four days of her life Boardman and her family called the police five times after Taylor harassed and threatened her.

On one occasion Boardman and her sister reported Taylor had stolen the keys to his wife’s house – they lived separately.

But the incident was treated as an isolated one and not marked down as part of a pattern of behaviour from a man who had a history of violence towards the mother of his children. Later the same evening in October last year, police were called again by Boardman’s sister when Taylor appeared at the rear of his wife’s house. He was arrested for a separate incident of criminal damage but released on police bail at 11.13pm.

Less than 48 hours later Taylor stabbed his wife to death. He pleaded guilty to murder last February and is serving a life sentence.

Naseem Malik, the IPCC commissioner for the north-west said: "The terrible spectre of domestic violence is something police forces must become more skilled at dealing with. The record is improving but there is still work to be done.

"I fully appreciate domestic violence can be a very complex and challenging subject for officers to deal with. But it is a great tragedy that it seems to take the death of a woman to highlight failures in police systems."

She said the IPCC inquiry had shown a "clear failure" by Greater Manchester police to identify the pattern of problems.

"Instead, each incident appears to have been handled in isolation. Taken in isolation the incidents were generally handled appropriately – but there was a total failure to consider the history and the increasing risk and as a result the troubled relationship continued to fester," said Malik.

She said no one failing could be said to have contributed to Boardman’s death and acknowledged the victim had not always been forthcoming with the police. But Malik added: "It was equally clear that her family, and in particular her sister Sarah, had grave concerns about the relationship with Taylor and sought police support. That support was not sufficient."

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UPDATE: Dombrowski Case: Trial set January 8th, 2010 (The Murder of Motherhood)

Posted in Uncategorized on December 18, 2009 by Claudine Dombrowski

Quick Publish to just update, will delve further as I can, Thank you my dear friends and family,

(To the Perpetrator and his many many attorneys and the dea Judge who is monitoring the ww for any activity relating to this case!)I will not shut up, give up and I WILL NOT GO AWAY!

Sin Denied Telling All; Reminding Others of Morals

UPDATE: Dombrowski Case:

SN. CO. Case No. 96-D-217

December 16, 2009

“ We walked into Court and Jason P Hoffman  one’ of Attorney’s for the Perpetrator  came with a two inch stack of ‘contempt’ papers (to clean up the internet)  I still do not have copy of the recent contempt’s not allowed to have  (as with GAL and FOC’s private reports) as I turn them all over to be published.

The current ‘claim’ remains – is I STILL  have ‘ alleged images’ of my daughter (now why would I want images of my child and my dead mom?) But are actually ‘court documents’ and several  media appearances’ most recently on Domestic Violence.

Not to mention that Kansas is at an all time record high in DV Fatalities in TWO DECADES with State Warnings and the Media and Senate Hearings Testimonies on the Kansas Joint Committee on Children’s Issues.”

KansasWatchDog: Video

and Audio Testimonies:

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

The bottom line is this:

1. I am NOT a threat to my daughter nor have I ever been alleged to be a threat to my daughter unlike that of the well documented HX of violence of the perpetrator.

2. Under K.S.A 60-1616:  Unless AFTER hearing- showing that I am a threat or harm to my daughter- The Courts can not deny our parenting time- (as they have this past ten years)  DV by Proxy and other Court Whores that Profit.

 Like my daughters Guardian ad Litem GAL  M. Jill Dykes, Topeka Kansas Bottom dweller and blood profiteer of children. and we shant forget the ‘good judge himself’ Judge ‘death’ David Debenham Who one year ago denied my daughter the right to go to her Grandmothers funeral.

So………..

We kill off Granny, now a year later, time to finish off mom? I think not!!

 

The  ‘Best interest of the Perpetrators’ remains quite clear. Domestic Violence by Proxy 

Domestic Violence (DV) by Proxy: Terrorist Tactics Employed by Batterers

Click Here to View Full Size

 

In the below is a recent appellate court opinion where this statute was upheld and remanded back down to the lower courts, for error in denying parenting time and or ‘conditioned’ parenting time.

So, on Jan 8, 2010 ‘charge us or release us’- Habeas Corpus, find me a threat to my daughter or sever my (alleged) rights under the law. (the only piece of paper they have NOT done)

Media and testimonies to the Kansas Senate does NOT make me a Threat or danger to my child.

 

“ I am tired this is draining to do- so I will publish now- and update as possible.” I Love you my Mother and my daughter- “ Don’t Give up”

 

K.S.A. 2004 Supp. 60-1616(a), a parent has a right to reasonable parenting time unless the trial court finds, after a hearing, that the exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health. K.S.A. 2004 Supp. 60-1616(a) creates a rebuttable presumption that a parent is entitled to reasonable parenting time and visitation. This presumption may be rebutted if, after a hearing, the trial court finds that the exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health.

 

http://www.kscourts.org/Cases-and-Opinions/opinions/ctapp/2005/20050916/93450.htm

 

SYLLABUS BY THE COURT

No. 93,450

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

In the Matter of the Marriage of

JANET BOULEY, f/k/a KIMBRELL,

Appellee,

and

WILLIAM DAVID KIMBRELL,

Appellant.

SYLLABUS BY THE COURT

1. Under K.S.A. 2004 Supp. 60-1616(a), a parent has a right to reasonable parenting time unless the trial court finds, after a hearing, that the exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health. K.S.A. 2004 Supp. 60-1616(a) creates a rebuttable presumption that a parent is entitled to reasonable parenting time and visitation. This presumption may be rebutted if, after a hearing, the trial court finds that the exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health.

2. The fundamental rule of statutory construction to which all other rules are subordinate is that the intent of the legislature governs if that intent can be ascertained. The legislature is presumed to have expressed its intent through the language of the statutory scheme it enacted. When a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed rather than determine what the law should or should not be.

3. Orders which condition parenting time and visitation upon a minor child’s desires to see a parent give a minor child the authority to determine parenting time and can have the effect of denying parenting time altogether.

4. Among the factors that must be considered when determining the issue of child custody, residency, and parenting time under K.S.A. 2004 Supp. 60-1610(a)(3)(B) and K.S.A. 2004 Supp. 60-1616(a), the trial court must look at the desires of a minor child as to the child’s custody or residency. The child’s wishes as to custody, residency, and parenting time and visitation cannot be the exclusive factor relied upon by the trial court in determining parenting time.

Appeal from Douglas District Court; JEAN F. SHEPHERD, judge. Opinion filed September 16, 2005. Affirmed in part, reversed in part, and remanded with directions.

Brant M. Laue and Chadler E. Colgan, of Armstrong Teasdale LLP, of Kansas City, Missouri, for appellant.

Sherri E. Loveland, of Stevens & Brand, L.L.P., of Lawrence, for appellee.

Before MALONE, P.J., GREEN and BUSER, JJ.

GREEN, J.: William David Kimbrell (David) appeals the trial court’s decision regarding parenting time with his 16-year-old son Evan Kimbrell. The issue in this case is whether the trial court can condition a noncustodial parent’s right to parenting time with his or her minor child upon the desires of the child.

We determine that this cannot be done.

 

K.S.A. 2004 Supp. 60-1616(a) makes it clear that a parent has a right to reasonable parenting time with his or her minor child "unless the court finds, after a hearing, that the exercise of parenting time would seriously endanger the child’s physical, mental, moral or emotional health." Conditioning parenting time on the wishes of a minor child improperly gives the child the authority to determine a noncustodial parent’s rights to parenting time and visitation and can have the effect of completely denying the noncustodial parent’s rights to parenting time.

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Missing: Mom watches as Law aids Father in son’s Snatching

Posted in Uncategorized on December 18, 2009 by Claudine Dombrowski

Mom watches as law aids in son’s snatching

Please Call his mother Berenice Diaz (001)210-550-1114 or email her bere.diaz@ymail.com or call (001)210-410-9312. Thanks

http://www.mysanantonio.com/moms/Mom_watches_as_law_aids_in_sons_snatching.html

KIN MAN HUI/kmhui@express-news.net

Berenice Diaz holds a photo of her son, Jean Paul Lacombe. The 10-year-old’s father, Jean Philippe Lacombe, convinced state District Judge Sol Casseb that he was the rightful guardian, using misleading documents from Mexican judicial authorities.

COURTESY PHOTO

A this photo provided by Berenice Diaz shows Jean Paul Lacombe at age 5.

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By Craig Kapitan - Express-News

As the uniformed men approached the 10-year-old’s school bus that Friday afternoon last month, the eyes of his classmates widened. A frantic scene ensued.

Berenice Diaz recalled the confusion as two other deputy constables blocked the door of her Mitsubishi Outlander. Diaz had driven to the bus stop to pick up her son, Jean Paul Lacombe.

“He was on his knees shouting and crying, ‘Don’t let me go with him,’ ” Diaz said of her son, who realized his father was with the uniformed men.

The mother eventually persuaded a constable to let her approach her son. She hugged him and the two cried together.

“Please don’t take him,” she pleaded with the officer, who replied they had a court order and told her she could see her son again in court on Monday.

“You’re making this harder,” she recalled him telling her.

That was Oct. 16. The day before, the boy’s father, Jean Philippe Lacombe, had convinced state District Judge Sol Casseb that he was the rightful guardian, using misleading documents from Mexican judicial authorities.

Father and son haven’t been seen since.

“I call it a government-assisted kidnapping,” said San Antonio attorney Miguel Ortiz, who now represents the distraught mother. “This guy made a mockery of our courts. It’s offensive.”

‘Serious problems’

In 1988, Congress adopted the International Child Abduction Remedies Act, or ICARA, which established rules for returning children who have been abducted from their home country. More than 70 nations signed the treaty, including Mexico and France.

It bans U.S. courts from retrying a custody suit that already has been resolved elsewhere. It allowed Jean Paul to be returned to his mother in 2007 after she found him in France, but it also allowed the boy’s father to dupe Bexar County’s court system last month.

As the couple’s seven-year marriage began to dissolve in Mexico City in 2005, Lacombe initially was given custody of the boy as long as he followed visitation rules the court imposed, according to translated documents he provided to Casseb. When he failed to abide, full custody was given to Diaz, according to court documents his ex-wife later provided.

When Lacombe arrived in court here Oct. 15, his attorneys told Casseb the child had been abducted from him.

Prominent San Antonio attorneys James Monnig and John Mead, who represented Lacombe, did not return calls seeking comment. Their attorney H.E. Mendez said the two aren’t at fault for helping Lacombe.

During a hearing earlier this month, a judge agreed.

“They appeared to be genuine documents” that the father provided, Mendez said. “How far do you have to go to establish that?”

The outcome was unfortunate and highly unusual, Casseb said. But quick hearings in which temporary custody decisions are made with only one side present happen every day, he added.

“When you have an emergency involving a child, you don’t always have an opportunity to wait,” Casseb said. “More often than not, the right thing is done. Kids are taken out of harm’s way.”

Perhaps the process should be altered so another agency, such as Child Protective Services, can take custody of the child until both sides are heard, but the current system makes ex parte hearings a necessity, he said.

“Am I upset that (Lacombe) did that? Sure,” Casseb said. “I’m upset anytime any litigant disobeys a court order. There’s nothing that I, or any other judge, could have or would have done differently unless the law was changed.”

Some family law experts stressed it is difficult to critique such a complex custody case.

“I’d guess that it’s pretty uncommon for an abductor to trick a court,” said Brooklyn Law School Professor Marsha Garrison, who also serves as secretary-general of the International Society of Family Law. “It seems odd that the officials handed over the child without a hearing on the matter at which the other parent was allowed to present evidence, but then I don’t know what evidence was offered by the father.”

Ortiz, the attorney who represents the boy’s mother, has been careful to place the blame mostly on Lacombe and his attorneys. But, he added: “Everyone should have been more careful.

“When the guy can use the law that prevents kidnapping to kidnap a child, we have serious, serious problems,” Ortiz said.

Where’s Jean Paul?

A few days after the bus stop incident, Diaz received her son’s cell phone in the mail. The package contained a San Antonio postmark.

When asked where her son and former husband may be, frustration enters Diaz’s voice. Maybe he’s hiding out in San Antonio, or maybe he made his way back to Mexico or France. Since their divorce, Lacombe has married a Russian woman and even could be in Russia, she said.

He has the financial means to go pretty much anywhere, Diaz said.

Recently, she spent a day going door to door in her apartment complex, handing out cookies her son had sold for a Coker Elementary School fundraiser. She paused to cry as she described her son — a soccer fanatic who enjoys robotics and was beginning to excel in his bilingual-education classes.

“He was doing so good here,” Diaz said.

While confident she’ll be reunited with her son, she’s terrified the process could take another two years.

“I came here to be in peace, and I had it for a while,” Diaz said. “I thought the United States was a safe place … I thought in the United States, nothing like this would happen to me.”

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Court hears 15 month old Millie may have suffered serious sexual assault prior to her death

Posted in Uncategorized on December 18, 2009 by Claudine Dombrowski

 

http://www.nwipp-newspapers.com/FH/free/296129454824775.php
Court hears Millie may have suffered serious sexual assault prior to her death

Pacemaker Press 13/12/09 Flowers left at the Scene after a 15 month old baby girl Millie Martin died in a alleged assault at Glebe Park in Enniskillen Co Fermanagh , a 30-year-old was arrested following an attack on the toddler who died at the Royal Victoria Hospital in Belfast after she was moved from Erne Hospital on friday Pic Colm Lenaghan/ Pacemaker

BY AILEEN MURPHY

AN Irvinestown man has appeared in court charged with the murder of 15-month-old Millie Martin, where it was alleged that the infant may have suffered a serious sexual assault prior to her death.

Barry McCarney (30) who had been living in Glebe Park, is charged with the murder of Millie on a date unknown between Wednesday 9 and Saturday 12 December. McCarney, who denies the charge, was remanded in custody to appear at Enniskillen Magistrate’s Court on January 11.

Harrowing details of the extent of injuries suffered by the infant who, it is alleged, was murdered at her home in Glebe Park, Enniskillen emerged during the court hearing.

Detective Inspector John Caldwell told the court police were alerted to the crime when Millie was brought to the Erne Hospital in Enniskillen on Thursday evening in a ‘lifeless’ condition. Medical staff at the hospital told police they believed Millie was suffering from serious injuries and may have been sexually assaulted.

A brain examination was carried out at the Erne and Millie was then transferred to the Royal Victoria Hospital where she was examined by a consultant paediatrician who noted there was bruising in the vaginal area on the infant and these appeared to be very recent injuries.

Detective Inspector Caldwell explained that Millie’s mother Rachel had fed her daughter around 7.30pm on Thursday, she had changed her nappy and put her to bed. At that stage the detective said there were no visible marks noted in the vaginal area.

He said Ms Martin then left her home in Glebe Park to go to the chip shop. This was around 8pm, and the defendant was left in charge of Millie. However, within a 20 -30 minute period Millie was presented at the Erne in a lifeless condition.

The detective told the court there was no one else at home with Millie except McCarney, who he said is not Millie’s father, but is the partner of the infant’s mother.

He also said he had a statement from Ms Martin to say the child had been well and had no injuries in her vaginal area when she had left her on Thursday night.

Defence solicitor Conor Heaney said his client had been interviewed over a four-day period and said he had given a detailed account to police and had denied any part in Millie’s death.

He also asked the police to confirm that they were not in possession of any scientific evidence to date the injuries sustained by Millie.

The detective inspector confirmed this was the case, but said they were carrying out further tests to try to establish such dates.

The solicitor asked the policeman if McCarney had told police during interview that Millie had been in the care of her mother for most of Wednesday and Thursday. The officer said this was correct.

However he went on to say that on the Wednesday evening, the day prior to Millie being taken to hospital, Ms Martin had gone to get a Chinese takeaway, again leaving Millie in McCarney’s care.

The Chinese restaurant was closed, and Ms Martin had phoned back to the house to tell McCarney this. She had got no reply. When she tried on a second occasion, McCarney told her he had been at the toilet and that was why he had missed the first phone call. However, when questioned about this by police, McCarney told them he was out bringing in sticks and that was why he had missed the call.

The detective said on Thursday Ms Martin had noticed Millie was lethargic and one of her eyes appeared to be closing.

Turning to the defendant, Detective Inspector said he had gone to work on Thursday but had come home early because he was feeling unwell. The police officer said they had spoken to colleagues who said he was ‘extremely agitated’ and ‘couldn’t settle’. They said it was quite obvious to them that here was something wrong with McCarney.

When he told his employers he was sick and needed to go home he indicated that he had vomited in an area, but when they checked there was no sign of him having been sick. Colleagues said it was their opinion that there was something bothering McCarney and he did not want to be at work that day.

Mr Heaney asked if any other location, apart from Glebe Park, was being treated as a crime scene. The detective inspector said no other location was being examined.

Mr Heaney then said prior to his client being charged on Monday night the solicitor had made representations to police as to why McCarney should not be charged. Mr Heaney said this had taken place at 9.04pm on Monday night, and yet a news website carried a story at 9.05pm saying that McCarney had been charged with Millie’s murder.

Mr Heaney asked the detective inspector to explain how this story could appear on a website at this time, given that his client’s custody record shows he was not charged with the offence until 9.35pm.

The detective confirmed it was around this time, 9.30pm, that McCarney had been charged, but he could not offer any explanation as to how it had appeared on the website prior to this.

McCarney denies the charge of murder and was remanded in custody to appear by videolink at Enniskillen Magistrate’s Court on January 11.

 

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Family Court Crisis; Our Children at Risk- 2008 Family Law Documentary Center For Judicial Excellence

Posted in Uncategorized on December 17, 2009 by Claudine Dombrowski

 http://a.blip.tv/scripts/flash/showplayer.swf?file=http://blip.tv/rss/flash/1205798%3Freferrer%3Dhttp%25253A%25252F%25252Fcourtwhores.wordpress.com%25252Fabout%25252F%26source%3D3&showplayerpath=http://blip.tv/scripts/flash/showplayer.swf&feedurl=http://NCMBTS.blip.tv/rss/flash&brandname=blip.tv&brandlink=http://blip.tv/%3Futm_source%3Dbrandlink&enablejs=true

 

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