Archives for February 2015

Protected: Good Guardian Ad Litem Disregarded by Augusta Family Court Judge

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Rare Removal of a Judge on a Domestic Violence Case

This is good news for domestic violence advocates and victims. But you have to ask the question, “Why is this rare?”

Why is it so common to allow judges to ignore domestic violence and other forms of control and abuse?

Much more follow up is needed here. We also need further investigation into why innocent parents are set up to fail using false allegations of abuse. Either way, dishonesty and perjury cause the children to be failed and caused more stress.

Excerpt:

“The North Dakota Supreme Court in January took the rare step of removing a South Central District Court judge from a child custody case.

The justices, in their Jan. 22 opinion, ordered that Judge Cynthia Feland be removed from a custody and child support case in McLean County between Nicholas Law and Danielle Whittet.

“A change of judge is ordered upon remand because of Judge Feland’s inability or unwillingness to follow our mandate, and out of concern for the tumult from and cost of litigation,” the justices wrote in a unanimous opinion signed by Justice Daniel Crothers.

The Supreme Court in 2014 ordered Feland to grant primary custody to Law and limit custody for Whittet, after Whittet [father] had been convicted for disorderly conduct and preventing arrest.

“In determining a parenting time schedule for Whittet, the court must bear in mind the presumption that any domestic violence, even if not directed at the child, negatively affects the best interests of the child. Accordingly, the court should consider limited parenting time for Whittet,” the Supreme Court wrote at the time.

Instead, Feland awarded Law primary custody of the child but maintained that Whittet would have custody of the child every other week.

The Jan. 22 opinion held that Feland had not given Law primary custody in name only because the actual custody arrangement had not changed.

The justices ordered that the case be remanded for further proceedings under a different judge.”

http://bismarcktribune.com/news/local/crime-and-courts/n-d-supreme-court-removes-judge-from-custody-case/article_1e441522-d7d4-503c-a399-fa1adf646c54.html

In Georgia, we ask the Judicial Qualifications Commission to take a closer look at why so many judges are leaving exposed the victims of family violence and their children.

When Child Custody Becomes Deadly

“His children were his life,” Prather’s sister Jerdonna Sawyer told The Associated Press by phone. “He wasn’t crazy at all. He just chose a terrible way to deal with his pressure and his stress.”

We are all saddened by this tragedy in Georgia, in the town of Douglasville, in which a father just could not take it any longer. Family members are grieving, and we may never learn the whole story.

Loss and stress do terrible things to the minds of people who could otherwise manage fine, but the escalated conflict surrounding divorce and child custody is enough to put many over the edge.

This father is one of a large handful in Georgia to end his own life, and one of several around the country who have murdered family members during the taking of their own lives.

So we advocate for reducing conflict and ensuring protections, as much as can possibly happen. Based on our data the courts and certain court professionals are exacerbating conflict rather than helping parents receive proper counseling and guidance.

If you recall the murder of Donna Kristofak in Cobb County not too long ago, she also had a restraining order and the court knew she was in danger. She tried to protect herself. These cases are different but there is still much we can learn by studying what happened in both.

When one parent loses control and believes they can no longer function or have any quality of life, something can switch in their brain and cause the urge to do something extreme and rash like finding a gun or a knife to use. It is not the choice of the weapon that matters, but the opportunity and the circumstances that feed this rage and desperation.

We can and must do better.

Our research has identified cases that are ripe for more loss and tragedy, and much of it could have been lessened if not avoided.

Please join the conversation on Pro Advocate Radio and follow our posts on our blog and on other social media. Let us know what you can contribute – how you can help?

In the meantime, watch for parents who are struggling around the loss of their children, their jobs, homes and health. Look for ways to ease their stress and to intervene if the situation makes no sense.

Court House

Protected: Baldwin Blunders Should Lead to an Open Investigation

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