Well, at least he apologized

Here we have a case where a judge decides that if the kids won't happily visit their father, then by golly he's going to make them. He orders two 14 year olds and a 12 year old into the father's custody and then seems shocked when everything doesn't end up with rainbows and unicorns. Silly judge, kids aren't possessions to be lorded over and traded about as you see fit.

Kudos to the children who refused to leave the courthouse for eight hours. If not for them, this custody arrangement may have succeeded. Again, this got to show that the more children refuse to participate in Family Court's nonsense, the sooner they will get their lives back

Mother gets apology from court for removal of children

• BY:CAROLINE OVERINGTON 
• From:The Australian 
• November 29, 2011 12:00AM

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A SYDNEY mother has received a written apology from the chief of the Federal Magistrates Court after her three children were removed from her care for refusing to visit their father.

In a letter of a type rarely seen in Australia, Chief Federal Magistrate John H. Pascoe said he was "very deeply concerned" at the distress the mother suffered after her children were taken from her.

He said the treatment the mother received in court was "quite inconsistent with the aims of the court in dealing with family matters" and added: "I have a great deal of sympathy for you."

The woman, who cannot be named, was accused in court of "poisoning" the children against their father by involving them in the custody dispute. The children were twin boys aged 14 and their 12-year-old sister.

The magistrate in the case, Joseph Harman, told the woman he believed she was doing irreparable psychological harm to the children by not encouraging them to see their father.

In a hearing at the Parramatta branch of the Federal Magistrates Court, Mr Harman said the children would have no relationship with their father if they were allowed to stay with their mother. He based his ruling on the findings of a court psychologist.

Under the laws on shared parenting brought in by the Howard government in 2006, couples were encouraged to "co-parent" their children after divorce.

The Senate passed amendments to those laws last week. Men's rights groups have complained the Labor government is winding back shared care, but women's groups say the amendments are necessary to protect children from harm.

When Mr Harman told the Sydney mother he had decided to send the children to live full-time with their father, her lawyer immediately objected, saying the "extraordinary" move "would remove the children from the mother, instantly, with no communication whatsoever".

Mr Harman replied: "That's a bit like what happened in June-July last year, when the children were removed from any time with their father, and haven't communicated with him since."

Counsel for the mother told the court the children had become hysterical when told of the order, and were refusing to leave the court with their father.

The magistrate said this was typical of children who had been taught to fear their father.

The mother left the court "distressed and about to vomit" and an ambulance was called. Two NSW police officers attended the court after the children began damaging court property in the foyer.

The mother's lawyer then told the court that if the children were forced to go with their father they would run away.

"That's why I've invited the Department (of Community Services) to intervene," Mr Harman said. "If they don't comply, they will be in a refuge. They won't be going home with mum."

Two senior child welfare officers from the NSW Department of Community Services were called to the court. Mr Harman told them: "We have two children, sorry, three children, two of whom are twin boys who have just turned 14, so young, strong and full of testosterone, and a 12-year-old girl.

"They are now expressing very strong entrenched views that they are not going anywhere with their father. I have just made an order that they are to go home with him.

"I have also made an order, subject to the power of arrest if anyone breaches it, that neither mum nor any member of her family are to go and talk to them.

"If these children refuse to go anywhere with their father, I would like you to exercise your emergency powers and take them into care.

"Those are the three options: they go home with dad or they go home with the director. They are not leaving this building with mum."

He added: "If you need the assistance of police or security, downstairs will help with that."

However, neither police nor the social workers were willing to physically force the children, who were described as "verging on hysterical", into a refuge or into their father's care.

One of the police officers told Mr Harman the children were in "a highly aggressive, agitated and hysterical state" and one social worker tried to explain it would be impossible to force the children to go with the father, since it may "see them break away, or run away, and be vulnerable on the streets".

Mr Harman conceded defeat, saying: "These children have now been present in this court since 11.30am, and accordingly have been here for the best part of eight hours and have maintained a steadfast refusal to leave (the court) with the father."

He said the children's mother had helped whip "them into a frenzy" about being sent to a refuge, and so he agreed to let the children leave with a maternal aunt. Their mother was banned from any contact with them for a month, including by mobile telephone and email. She was also banned from going within 500m of their school.

The mother has told The Australian the order removing the children was overturned after a month, with no explanation.

"They came back to me, and they are still with me, and I never heard another word from the court until I suddenly got that apology (on November 9)," the mother said. "He did so much damage to my children, I believe he should be sacked."

Mr Harman was asked to stand down from the court last month while he received counselling for a series of judgments that had to be overturned on appeal.

In one case, he revealed he had a sexual relationship with the lawyer who was acting for the wife, and then refused to disqualify himself from the hearing.

Mr Pascoe said he had been made aware of "some complaints" against Mr Harman, who had "agreed to be restricted to non-sitting duties".

Mr Harman has since resumed hearing cases at Parramatta "on a limited basis" and is subject to continuing review of his performance.

He did not respond to a request for an interview.

Mr Harman was appointed by federal Attorney-General Robert McClelland in July last year. In a statement, Mr McClelland said he was "aware of concerns raised in relation to Federal Magistrate Harman in the performance of his judicial duties".

Under the Federal Magistrates Act, magistrates "must not be removed from office, except by the Governor-General, on an address from both Houses of Parliament . . . praying for his or her removal on the grounds of proved misbehaviour or incapacity"

Stemom Kills Her Kids? Yup, you still have to see her.

In yet another brilliant move by the family courts, children are being sent to live with a father who is married to a woman who killed her own 4 and 8 year old daughters. That's right, it's okay to kill your children because you can just marry a man who has his own children. These kids are teenagers, and yet not one word about how they feel in this tragedy. No thoughts on what it will be like being disciplined by a woman psycho enough to extrerminate her family.
 I'm sorry kids, we have failed you. Please stay safe. Keep a phone with you at all times. If you are ever scared, call 911, from a land line hang up and don't pick it up when they call back, this way they have to respond. Know that school officials and hospital workers are mandated reporters. If you so much as get scary feeling with that woman, get out and get help.

Mom Loses Custody Battle with Ex, Who Is Married to a Child Killer

Posted Aug 1, 2011 9:14 AM CDT
By Debra Cassens Weiss

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An Oregon woman is appealing a child custody decision that allows a child killer to help raise her two sons.

Trisha Conlon of Silverton, Ore., fought to keep the boys out of her ex-husband’s home after a private investigator confirmed he was living with Kristine Cushing on Vashon Island near Seattle, the Associated Press reports.

Kristine Cushing was married twice to John Cushing Jr., both before and after he married Trisha Conlon. During Kristine and John’s first marriage, she killed their two daughters, ages 4 and 8, and blamed her actions on temporary insanity caused by Prozac, the story says. She was hospitalized nearly four years in a mental institution and underwent nearly a decade of psychiatric monitoring before receiving an unconditional release in 2005, when she remarried John Cushing.
A parenting plan gives Conlon custody of her 14-year-old son during the school year, while John Cushing has custody of their 13-year-old boy during that time, the AP story says. The teens split holidays and vacations between the two parents.
Conlon learned in 2007 that her one-time husband was living with Kristine, but he said they were getting divorced and she was no longer living there. Conlon's suspicions that John and Kristine had reconciled were confirmed when she hired a private investigator early this year.
Conlon then sought a permanent modification of the parenting plan with John Cushing, but Commissioner Leonid Ponomarchuk of King County, Wash., refused the change, the story says. Ponomarchuk reasoned that the boys had been spending time with Kristine Cushing since 2008, although Conlon wasn’t aware of it, and there had been no problems.

Can You Trust the Police to Help You?

The issue regarding whether to trust law enforcement is a difficult one for me personally. I have family members who are police officers and I trust them and the way they conduct themselves at work. However, I have also had encounters in which police have been less than helpful and times they have been down right cruel. It is difficult as a child stuck in a bitter custody fight to figure out whether the police are friends or foes.

First off the police are PISSED that they have been called into your situation. Likely they have been called because you are refusing to go along with the visitation schedule. In their minds, you are the problem and if you would just get with the program, they can get back to doing "real police work" But if they think that your the asshole, then embrace your role. Be the asshole. The longer you dig in your heels and refuse to go, the more likely they will give up.

However, it is important that you treat the cops with respect, even when you are refusing to go along with what they want from you. Don't give them an excuse to escalate the situation. Because they are looking for any excuse to paint you as the bad guy, and them as the conquering hero. They will lie to you, attempt to intimidate you, and they may even arrest you and tell you they won't let you go until you agree togo with the non custodial parent. Let them blow all the hot air they want, let them get mad. Be polite but firm. Tell them that you are not going.

Realize that the more you refuse to do what the police officer says, the more angry and threatening they may get. For this reason, all encounters with the police should be videotaped. Something that the police are trying to prevent by making it illegal to videotape them at all in certain states. This is a worrisome issue. However, it is well worth the possibility of facing an illegal wiretaping charge then do be stuck defenseless when an encounter with the police goes bad.
Observe:





So here is an officer threatening, intimidating and assaulting a teenager; just because he can. Witout tis videotape, no one would have ever believed him. This tape reinforces several key points. One, don't disrespect the officer. Apparently they really hate being called "Dude". Two, they can and will do what they want with you. Three, without videoape evidence, you will be in no position to defend yourself against a rouge police officer such as this.

When you decide you ave had enough of the family courts and current custody situation, things will likely escalate. If you ever need help because your non-custodial parent is threatening you or even abusing you: imagine that it will be Officer Rivieri that will show up and not Officer Friendly. If your father is a jerk, an encounter with an officer like this will only make him more likely to continue his behavior because he realizes that the police won't do anything to him. That is yet another reason why you have to fight for yourself. When you were a kid your parents taught you all about right and wrong, the good guys and the bad guys, black and white. The truth is,  it is all a grey area and life isn't fair. Take care of yourself and don't expect anyone to do it for you. You can ask the police for help, but don't expect it.

What Do I Need to Have for Fighting Visitation?

First off, fighting visitation can be a long war so be prepared. However, like the old proverb states: You can lead a horse to water but you can't make them drink. Your custody order can state whatever it wants, it is your decision whether you plan to follow it or not. So what do you need to fight visitation.
1. You need Nerves of Steel
This is going to be a lengthy process. Your going to piss off both of your parents. Everyone will be mad at you and you may get in trouble. Take a deep breath.  Accept that this will happen. Sometimes you just have to be an asshole. Embrace your role.
2. You Need a Safe Place to Keep Things
Your best friend will be very useful in this regard. See if you can keep private stuff at their house. If your school keeps track of whose lockers belong to which students, see if you can convince them to switch lockers with you. I say this because your parents can request to search your locker at anytime, and they can confiscate any of your things. But if no one knows which locker is truly yours, then you can use it to store important things. This is especially useful if you get picked up from school by your non-custodial parent.
3. You need Some Money.
No you should not be carrying cash with you. But if you can convince your family members to support you, see if they will give you a prepaid VISA card for around 200 bucks. They can pick it up at the grocery store, so it can never be traced back to them. A card is very easy to under the lining of your shoe when your stuck at visitation, and most Nazi non-custodial parents ( NCP) won't look there.
4. You need an Untraceable cell phone
Now you need to keep your old phone, and your NCP should see you use your regular phone. If you don't, they will get suspicious. This phone needs to be used in case of Emergency. Some NCP's will take your regular cell phone upon arrival to their house, but they won't find your hidden one. But you should never be without access to a phone, especially with a parent who drinks or is violent.
If you have the things here, you have already gotten yourself prepared to fight for yourself. Don't be a victim to the court system, or to your parents. You can be miserable and wait to cut off your parent until your 18 or you can do it now. Don't except the bullshit they are feeding you, get prepared to fight back.