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How the Failure of Welfare Reform Created Our Lawless Courts
By Terri Lynn Tersak (about the author) Page 3 of 5 page(s)
He was also made aware that the large majority of teens in juvenile detention, who become pregnant, smoke, run away, do drugs, and other social problems are in primary custody arrangements.
Governor Hoeven was also aware that in their biennial report, "Custodial Mothers and Fathers and Their Child Support" (1999, 2001, and 2003) the US Census Bureau reports that of parents with equal parenting arrangements are far more likely to pay their child support, in full and on time without any enforcement actions then any other parenting arrangement. Where parents who have limited, disrupted, or no visitation with their children are likely not to pay a cent.
Governor Hoeven's decision was not based on the best interest of the child or family values; it was all about the money.
All of the family law actions in your county court yield federal incentive moneys for your state, including domestic violence orders. There is no faster way to reduce the other parent's visitation than a claim of domestic violence, plus everyone involved gets paid even more. This includes your own attorney is now handling the domestic violence case in addition to your divorce issues.
Moreover, it should be no surprise that no one will stand up against a false allegation of domestic violence, except its victim. Even when everyone knows for a fact the putative victim's claim is completely fabricated or they openly admits to the court that it is a false claim the orders are often issued anyway. It is no wonder divorce attorneys are eager to tell their clients in divorce cases to file claims of domestic violence and include the children in the claim.
Let's take look at some actual cases. We begin with the story of Rob Z., which is his real name. Although Rob is a Certified Master Social Worker, he found himself unemployed for over seven years. This was because Rob was the stay-at-home-dad for his son. When the his wife decided it was time for a change she filed a claim of domestic violence against Rob to help the process along.
Despite several witnesses, including neighbors and their own child testifying that the mother was violent partner of the marriage a restraining order was placed against Rob anyway. The order also granted temporary sole custody of their son to the mother and ordered Rob to pay child support.
Rob was removed from his home and was forbidden to have any contact with his son. However, after several months Rob's wife changed her mind. She wanted a completely clean beginning, free of any prior obligations. So she called Rob and told him to come and pick his son. Rob agreed.
While en route Rob's wife called him and asked how long it would be until he arrived. He gave her his estimated time and continued to go pick up his son. Upon arrival Rob found his son in the street with his belongings packed in plastic trash bags. As Rob loaded the belongings into the car, a Sheriff's Deputy arrived.
Unknown to Rob, his wife have called in a violation of the restraining order after asking him how long it would be until he arrived at his former home. Rob was arrested for the restraining order violation and the boy was placed in temporary foster care. Once freed from jail, Rob was able to get his son from state custody.
Being that he was unemployed for so long Rob was having a hard time finding full time work. He had the credentials, but no current experience. Rob and his son ended up living in a tent in a North Carolina State Park for the summer. During this time Rob tried to get the child support order dropped. The courts not only refused to drop the support order, but decided to enforce the no contact with his son provision of the existing domestic violence restraining order they also refused to drop and Rob was arrested again.
Rob says, "That sure kept me from asking again."
Events like the above went on for the balance of the two years the domestic violence restraining order remained in effect. Rob moved on trying to support himself and his son, while paying a child support order to a parent who refused to have any contact with their own child. Once the restraining order expired the courts finally dropped the child support order against Rob and granted him sole custody of his child.
Cases like this effect everyone. Take another real case, Arlene is her real name. Her son was in the process of splitting up with his wife. She took his leaving out on his entire family by naming them in her domestic violence complaint that ended any visitation for the children with their father and all of his family, including Arlene, their grandmother. The order gets renewed each year without question.
You should also be aware that just because your name appears on the court case as the plaintiff, that doesn't mean you won't suddenly find yourself the defacto defendant. Let's take the case of Dave B, again his real name. His case is among those that illustrates how willing the family courts are to grant domestic violence restraining orders, regardless of what the actual facts of the case are.
Take action -- click here to contact your local newspaper or congress people:
Stop the Feds from paying the States to Destroy Our Families
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http://www.True-Equality.org
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