Wednesday, April 22, 2015

National - Documentary ‘Divorce Corp’ exposes corruption in family courts

Fox News 411

It’s a $50 billion a year industry, with more funds flooding in to family courts in the United States than all other court systems combined.

But according to filmmaker Joseph Sorge – who was inspired by his own divorce and custody battles a few years ago – it’s an unregulated mess in which children are ripped from their homes, insulting judges play God with parents’ lives, and unlicensed custody evaluators are more like extortionists.

“Audiences will be surprised to learn just how damaging the family courts process is, people don’t realize a judge can just take the kids away because they don’t like you,” Sorge, who compiled his findings into the expose-style documentary “Divorce Corp,” told FOX411. “People think this can’t happen in America, but it does.”

Narrated by TV personality Dr. Drew Pinsky, the film uses interviews with leading divorce lawyers, mediators, judges, politicians, litigants and journalists to showcase a family court system that doesn’t help families and children move on as they are sanctioned to do, but rather drags cases out for years, igniting a slew of consequences including bankruptcy, foreclosure, violence and even suicide.

“Divorce Corp” also paints a portrait of a system that routinely violates freedom of speech and an individual’s freedom to parent.

Full story: Fox News 411

IL - From the community: Four Key Steps to Eliminate Child Abuse

Chicago Tribune

n support of awareness of National Child Abuse Prevention month, retired Illinois Circuit Court of Cook County judge and practicing family law attorney, Michael Ian Bender, offers a four-step educational guide to parents and guardians who want to raise children in a functional and happy home where abuse does not exist.

"In spite of the national spotlight on topics such as domestic violence and abuse at home, more work needs to be done to make childhood abuse a non-existent issue," says Bender. "The reality is that politicians and the media can discuss the problem ad nauseam, but the real progress is made when individuals-especially young parents-proactively seek guidance for how to raise children in a mutually loving and respectful manner. A happy family life means children have a greater chance of growing to their highest potential as emotionally well-adjusted human beings."

Full story: Chicago Tribune

Tuesday, April 21, 2015

ME - Maine bills could lessen custody tensions during divorce

Bangor Daily News

AUGUSTA, Maine — Bills aimed at lessening tensions between divorcing parents of minor children will be heard Tuesday afternoon before the Legislature’s Judiciary Committee.

Two bills would add to the “best interest of the child” standard used by courts in making custody decisions when couples divorce. Judges would be required to consider the value of having both parents involved in the child’s life, according to LD 642 and LD 346.

Both bills include exceptions in cases where domestic violence, abuse, neglect and/or drug use by a parent could be considered by a judge in determining how much time and under what circumstances children spend it with each parent.

“The basic goal of the bill is that, before anyone gets divorced, both parents get access to their children regardless of what their parenting skills are,” Sen. David Dutremble, D-Biddeford, said Monday. “Attorneys, guardians ad litem and judges step in and take the best interest of the child standard into consideration and make recommendations to the court. But how would someone who does not know your child know what the best interest of your child is supposed to be?”

Dutremble has advocated for changes in the oversight of guardians ad litem, who sometimes represent children in contested divorces, and the way the court system handles such cases.

Full story: Bangor daily News

Wednesday, April 15, 2015

GA - Augusta guardian ad litem program overhauled

While this is a step in the right direction the problem with this overhaul is that there appears no concerned citizens or parents who have faced the Family Court system were asked for their opinion. So we have lawyers developing new policies to control and provide "oversight" of Guardians ad litem. Concerned citizens and parents are left out of the process - because they are left out - a broken process remains broken. Just overhauled.

The Augusta Chronicle

The Augusta Judicial Circuit overhauled its guardian ad litem program last month, adopting new policies to contain growing outrage from families who say inexperienced child-custody evaluators are over billing them in court.

The new guidelines – written by the executive committee of the Augusta Bar Association’s Family Law Section – significantly revise billing, training and professional-conduct policies to provide general oversight and accountability for guardians, said Superior Court Judge Michael Annis.

According to updated rules, guardians cannot exceed $500 in fees on any case unless authorized by a judge, and must provide invoices that include a brief description of all charges, payments and credits to date to both parties and their attorneys each month.

Full story: The Augusta Chronicle

Friday, April 10, 2015

OH - Lorain attorney who worked as court-appointed child advocate charged with downloading child porn

The real issue is that this Guardian ad litem (GAL) is a court appointed officer. Someone who is backed backed by the court system. What does it say for the court system if it is endorsing this person. What kind of damage did this person do. Awhile ago we heard of a case where the GAL told a parent that he was going to have a weekend sleepover with her son. Mind you the GAL was in his late 50s and the child was 8 at the time. The mother fought in court and was coerced into allowing the sleepover to happen. The first time I heard this story my skin crawled and the thought which entered my mind is child porn.  Did it happen? In light of this case maybe it did. The fact of the matter is that our courts who we trust and entrust with our children's lives are ill prepared to deal with issues like the story we have here about a GAL.

Cleveland.com

CLEVELAND, Ohio -- A fixture of Lorain County Domestic Relations Court who often worked with children in divorce and delinquency cases is facing a federal child pornography charge.

James Paterson, 49, admitted to an FBI agent in a March 30 interview that he had between 500 and 1,000 images and 200 videos of child pornography on his computer, according to a criminal complaint filed Tuesday. He also admitted to posting comments on websites where he claimed he was a pedophile and sexually abused children, though he also said he never abused any children.

Paterson, who lives in Lorain, was also a member of a website where users can download child porn. A search on his computer found images of children -- some less than a year old -- being sexually abused, the complaint says.

Paterson worked as a guardian ad litem -- a position appointed by a judge in custody, divorce and juvenile cases to advocate on behalf of a child. He started taking cases in February 2013, according to Jody Barilla, Lorain County Domestic Relations Court's administrator.

He represented 21 children between then and Tuesday, Barilla said, and judges removed him from four pending cases once they received word of the criminal case against him.

She said he passed a background check conducted by the local court.

At the time of his arrest, Paterson also had a law practice based out of his house.

Full story: Cleveland.com

If you are involved in a divorce/ custody do not take for granted that the Guardian ad litem is pure as the driven snow.

CT - Judicial critics opposing Connecticut justice renomination

WTNH News 8

HARTFORD, Conn. (AP) — Critics of Connecticut’s judicial system are gearing up to oppose the reappointment of Chase Rogers as the chief justice of the State Supreme Court.

Upset with operations at the family, foreclosure and probate courts, activists were expected to turn out for Rogers’ confirmation hearing on Friday before the General Assembly’s Judiciary Committee. More than 200 detractors have signed an online petition, urging lawmakers to oppose her reappointment to a second eight-year term.

“Chief State Justice Rogers has failed our state and its citizens, families and children by presiding over and encouraging the operation of a court system which is operationally dysfunctional and unnecessarily antiquated, costly, time consuming and unlawfully political,” reads the petition posted on change.org.

One group, the Coalition for Connecticut Family Court Reform, has rented billboard space referring to Rogers. It also calls for passage of legislation this session that would impose changes on the family court system, including prohibiting the court from ordering supervised visitation except in certain circumstances and removing the immunity provided to guardians ad litem and attorneys for minors.

Despite the opposition, Democratic Gov. Dannel P. Malloy is standing by Rogers, who was first appointed chief justice in 2007 by former Republican Gov. M. Jodi Rell.

“We have opted to reappoint the Chief Justice — she has our full confidence as she continues to move the Judicial branch forward,” read a statement issued by Malloy’s administration.

Full story: WTNH News 8


Related to this is the Judiciary Committee reappointment of the Hon Patricia Worth in Maine. There was considerable opposition to her appointment as well as the suggestion the state conducts an audit of her court to determine whether or not there are issues. She was renominated by a vote of 13 yea to 0 nay.

PA - Attorney imprisoned for tax fraud released to halfway house

The Times Tribune

An attorney sentenced to federal prison for failing to report income she received as Lackawanna County’s appointed guardian ad litem has been released to a halfway house.

Danielle Ross, 38, was released on Tuesday to finish serving the final month of the one-year prison sentence imposed for her guilty plea in December 2013 to a charge of attempted income tax evasion.

Mrs. Ross of Jermyn had served as the county’s sole guardian ad litem — a court-appointed attorney who represents the child’s interests in custody disputes involving their parents. A grand jury indicted her in February 2013 on charges she failed to report all income that was paid to her by parents who were ordered to use her services.

The case drew significant media and public attention based on complaints by parents who accused her of abusing her power. The complaints led to a state investigation into the county’s guardian ad litem program in 2011. The probe found multiple deficiencies but no criminal wrongdoing. A grand jury investigation later uncovered the federal tax evasion.

Full story: The Times Tribune