They Fight For America and Upon Return Must Fight For Their Children…

mturner.jpgRecent articles and news programs have focused upon active duty military members who have returned from overseas tours of duty (often in the Middle East) to find themselves engaged and involved in “custody battles” with former spouses who are arguing it would be in the “best interests” of the minor child/children to remain with the parent who has provided care and custody during the year(s) the military parent was deployed overseas.

Michael R. Turner, R-Ohio, a member of the House of Representatives, has been trying for the past three to four years to pass an amendment to the National Defense Authorization Act (“NDAA”) which would provide military parents child custody protection while they are serving out-of-country on active duty with any branch of the military service.  To read Turner’s proposed amendment, click here. In a pointed letter directed to the Secretary of Defense, Robert M. Gates, on September 30, 2009, Representative Turner wrote:

“What is particularly troubling (to me) is that the Department of Defense has misplaced priorities with regard to federal protections for service members.  It has no objection to the FY10 NDAA House language allowing service members to cancel their cell phone contracts without penalty after orders Read More... “They Fight For America and Upon Return Must Fight For Their Children…”

Here Comes the Judge: A Little Insight for Your Child Custody and Divorce Case

hjudge.jpgMichael Mastracci, an attorney from Baltimore, Maryland, publishes one of my favorite blogs, “Divorce Without Dishonor.” He is a huge proponent of utilizing the collaborative law model in divorce and custody matters whenever possible. He recently posted an excellent piece, with which I agree, well worth sharing. I have added a few of my own thoughts at the end.

When I was in law school one of the adjunct professors was a circuit court judge with years of experience presiding over cases involving dueling parents arguing about virtually every aspect of their children’s lives. His advice, probably the best advice in three years of law school, was to know your judge. His Honor was not speaking about knowing the judge personally (although that never hurts) but knowing what he or she is likely to do in any given situation or factual scenario. What does that mean?

People often tend to forget that judges are people, people who likely either knew the governor or knew people close to the governor in order to get appointed. Judges are not necessarily appointed because they are smart. There is no judgeship test or certification to wear the robe once appointed (that Read More... “Here Comes the Judge: A Little Insight for Your Child Custody and Divorce Case”

Fathers are Indeed Important!

dadimport.jpgA large body of research overwhelmingly suggests children do best when they have both a mother and a father involved in their lives. Specifically, children whose fathers participate in raising them do better in school, are less likely to get into trouble with the law, and are more likely to be better parents themselves. While more fathers are being awarded legal custody of their children, the statistics seem to indicate that the majority (between 75 and 85 percent) are awarded to mothers. Today, nearly 20 million children live in a home without a father (2002 U.S. Bureau of the Census). Recent Census Bureau child-custody statistics indicate that nearly 40% of non-custodial fathers have no access or visitation rights whatsoever with their children.  A very troubling statistic, indeed! Of those that do have visitation rights, what percentage are actually seeing their children regularly? The statistics in the studies vary greatly. But it seems clear that frequently the amount of contact the children have with their fathers diminishes over time.  A recent study published in the Journal of Marriage and Family finds that children born outside of marriage are less likely to be visited by their father when the mother is involved in … Read More... “Fathers are Indeed Important!”

How Schools Should Work with Non-Residential Parents

restpar.jpgOf course, it goes without saying that it is in the best interests of children when both parents are actively involved in their lives. Typically, children who have both parents raising them are more successful in many areas, including their academics. Unfortunately, due to divorce and circumstances such as parents living in different cities or states, one parent is excluded from involvement in their child’s school life. Often it seems that the father is the parent who does not feel needed or welcome in their child’s school world. Fathers are many times unaware of school happenings such as teacher-parent conferences, report card dates, or special events at the school. Research supports that when the non-resident father is even marginally involved in their child’s school life, the student is more likely to participate in extra-curricular activities, receive better grades, and enjoy school more.

Working with Non-Resident Fathers – A Guide for Educators of Children , a pamphlet published by Separated Parenting Access and Resource Center (SPARC), a non-profit organization dedicated to promoting the best interest of children in custody and divorce proceedings, is an excellent resource for the parent who feels out of the loop when it comes to their child’s … Read More... “How Schools Should Work with Non-Residential Parents”

Parental Abduction: Prevention and Remedies

jcpas.jpgOur guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

Recently, there has been a flurry of news reports and discussions regarding cases where an abduction has already occurred and a child has been taken and retained in a foreign jurisdiction.  The most recent is a case where a father attempted a “snatch-back” in Japan.  As is usually the case, this self-help method does not result in the recovery of a child.  Unfortunately, in both that case and in the Goldman case where the child is in Brazil, it appears that nothing was done in the way of prevention before the loss of the child.

There are many measures which can be put into place to aid in the prevention of an international abduction.  To begin with, any parent who chooses to have a child with a foreign national should always anticipate the possibility that the foreign parent will eventually elect to take the child and return “home”.  Since this is an obvious predictable … Read More... “Parental Abduction: Prevention and Remedies”

U.S. Father Arrested In Japan For Picking Up Children “Abducted” By Ex-Wife…..The “Rest Of The Story”!

hall09.jpgChristopher Savoie (“Father”) was arrested in Japan on September 28, 2009, for trying to take his two (2) children, Isaac Savoie, eight (8) years of age, and Rebecca Savoie, six (6) years of age, away from their Mother, Noriko Savoie, while she was walking the children to school.  Father forcibly placed the two children into his car and drove towards the U.S. Embassy or Consulate Office in Fukuoka, Japan. His goal was to get the children into the U.S. Consulate Office in order to obtain passports for the children so that he could return them to the United States.

His plan failed as he was apprehended by the police before he could reach the Consulate Office.   His pleas to the police in Mother’s home city in Japan that he was the “custodial” parent and that she was the parent who abducted the children from the United States were ignored by the arresting officers and the subsequent judicial officers.  Instead, Christopher Savoie was arrested and charged with attempting to abduct his own children, a charge with a potential sentence of five (5) years imprisonment.

Facts of the Savoie Case:

  1. The parties lived in Japan for most of their marriage. Four years
Read More... “U.S. Father Arrested In Japan For Picking Up Children “Abducted” By Ex-Wife…..The “Rest Of The Story”!”

Should Ohio Social Workers Be Looking Over Their Shoulders?

shoulder.jpgThe legal analysis posted last week on this blog by Daniel Pollack discussing legal immunity for children services social workers was comprehensive and well done. A review of Ohio federal cases on point is very interesting and enlightening.

The Sixth Circuit Court of Appeals has decided on the issue of whether a caseworker can be personally liable.1 In Holloway, the court determined that absolute immunity applies to a caseworker only when they are acting in the scope of a legal advocate (such as a prosecutor) which is not their role under Ohio law.  The caseworker sued in Holloway withheld information from the Court that the mother had attempted to assert her parental rights, lying to the mother in telling her that her parental rights had been terminated when they had not and in failing to share information which would have allowed mother an opportunity to assert her rights in Court.   Analogizing the caseworker’s actions to a usurpation of the court’s authority, the Court stated that the caseworker did not have absolute immunity, but may have qualified immunity from liability. This distinction would leave the worker possibly liable for money damages.

Qualified immunity protects an individual caseworker who was … Read More... “Should Ohio Social Workers Be Looking Over Their Shoulders?”

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