The Rights of Children

Should children have rights when parents and other family members fight?

Needs of Children_Freedom to Know Their Parents and Be Protected

Excerpt of material borrowed from Jennifer Baker PhD’s article on this case of child abuse and deprivation:

“Barbara Bennett Woodhouse  is the L. Q. C. Lamar Chair in Law at Emory and serves as faculty advisor for the Barton Child Law and Policy Clinic.

She is one of our most eminent scholars on the topic of children’s rights. She has developed an account of five basic human rights that represent what other experts agree is crucial to the well-being of children. (Please read her excellent book on children’s rights, here(link is external).)

These are: privacy rights. While we are familiar with how these work in regard to adult lives, for children, “the basic unit of privacy is not the individual but the relationship between the child and the caregiver. “ Children, in other words, need us to respect their relationships and their capacities to form relationships.

Agency rights. Children develop voices and they have agency. They need to have a voice in matters that affect them, even if “they are not ready to take responsibility for the ultimate choice.” Children are both citizens-in-training and valuable in their own right, as they are.

Equality. Children, dependent on communities as they are, deserve access to the necessities of life that other children in the community are given.

Dignity. Children are their own persons, and “laws that penalized innocent children for the sins of their parents,” as existed in the Victorian era, have come to look “inhumane.”

And finally, protection rights. Civilization depends on the weak being protected from the strong. Situations where children are put in danger of harm violate these children’s rights.

Woodhouse explains that children’s rights flow “from the same set of basic values” that give adults rights. We cannot, in other words, pretend adult rights are on some firmer basis than those of children.”

Do you agree?

Let us know: MyAdvocateCenter.com

Use your voice,

Deb Beacham

 

Pro Advocate Radio: A Father’s Mission

Pro Advocate Radio

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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.

Augusta Court Fails to Allow Due Process: Children Gone

The rest of the story in this Augusta case is much darker that at first believed. It is also similar to other troubling stories, the damages revealed by families throughout this judicial circuit. When we contrast the order and beauty inside of Augusta National with what is Outside the Gates, it is for this reason: parents are set up to fail intentionally and children are being left in harm’s way, when there was evidence, testimony and opportunity to prevent poor outcomes. This reality is the opposite of what the world thinks of when they hear Augusta or think of The Masters Tournament. This case and others are pulling back the curtain.

Civil or Criminal?

At one time it appeared that Atlanta attorney Kathy Portnoy was properly advocating for her client, one who appears to have not gotten a fair shake throughout this case. The issue featured here in this news report?

A DFCS report was made available to the court by the father’s attorney and used by the judge in reaching a decision as he noted. The problem for the judge was that the report was not made available to the mother and her counsel so that she had a chance to cross-examine the report and be fully informed in her case. The report was never put into evidence and therefore was not supposed to be considered by the court.

If this report had been put into evidence, the guardian ad litem on the case would have been able to refute it, as she knew it was created as a part of the father’s legal team’s strategy to wrongfully cut the mother out of the lives of her children. This issue was resolved when the appellate court agreed that the judge erred in considering this report. [See VIDEO at the bottom of this page.]

The bad news is that it didn’t matter; the fix was in on this case, and the judge gave the father permission to remove the children from the state before notifying the mother. The mother learned her children were gone when they did not get off the school bus. They did not even get to say goodbye.

We now know this was not merely an “error,” and that it was intentional to cause the mother and children this unnecessary trauma. It was also intentional that this mother was not allowed to know what was being said or used against her, denying her right to a defense.

Have you been allowed to know what was being used against you, or to know that all available evidence is being used to support your case? The more news reporter Nick Lulli investigated, the worse this case looked as evidence surfaced – – evidence that was either not being used by the mother’s counsel, or was being ignored by the court.

This is an ongoing and larger story than we first realized, as the court is now expected by the father’s team to force an agreement on the mother, an agreement which is different from what she was considering, and one which she did not sign. Her attorney used up all of her financial resources and abandoned her. The timing on her withdrawal and how her presence was used to keep this mother in the dark is telling.

Court Watch on Augusta Family Court – April 17th – 9am. If the court refuses to allow a continuance as requested by the mother so that she can find counsel to help her navigate and defend her rights, it will become even more obvious that she was never meant to have a fair trial on these issues, or to have a fighting chance at parenting her children.
WFXG FOX54 Augusta – Your News One Hour Earlier
How can parents prepare ahead of time to learn the pitfalls in managing family disputes, especially involving children?

Request more information to learn about the hiring the best team for your needs. This case is another glaring example of what can go wrong when you rely on word of mouth and online marketing to make hiring decisions. There currently is no real accountability for attorneys who allow their clients to fail by withholding evidence and avoiding opportunities to prevail, or for others who use special relationships with judges to reach outcomes that are damaging to children and to good parents. This is just “normal” for Augusta and for other judicial districts.

Yellow Ribbon for Kids

This campaign is being designed to bring kids home to the parents they need and love.

The only reason these parents are not able to care for their own children is that certain court professionals chose to put their profits over protection, over the needs of the children in divorce and child custody disputes.

No, this is not the case in every situation, but an astounding number of cases in Georgia and around the country are being exposed for professional misconduct – – that led to children losing good parents.

The Yellow Ribbon is the symbol and theme that we know well…for it says to us to expect a welcome home, and especially a welcome home from war.

This IS the war on our home turf that many parents are fighting, including those who serve and have sacrificed to support our military.  While they fought for our rights, many of theirs have been denied.

Missing parents? Yes, moms and dads, including many in our military, our veterans, have been told they aren't good enough... #YellowRibbon time?

Missing parents? Yes, moms and dads, including many in our military, our veterans, have been told they aren’t good enough… #YellowRibbon time?

 

Help restore these parents and children to each other.

#Stand4Heroes

#YellowRibbon4Kids

#MyAdvocateCenter

Green Light on Needs of Children

Who is STOPPING good parents from caring for their children?  …stopping them from WORKING so they can provide for children?

Spotlight on Augusta, Georgia and on Columbia County for what the local Superior Court and law enforcement agencies know is being done improperly to a good father.   He is a good, hard-working man who loves and misses his child, and he deserves our support and attention from our leadership and news media.

A Candlelight Vigil is being held to light up the dark and drafty space surrounding the detention center where this man is being mistreated.   See this event page to RSVP and watch for updates.

Now that this case has been investigated by others outside the local system in Augusta, we are giving the “Green Light” for people to raise awareness about the dangers to every parent in this area who might pass through this court system.  

WFXG FOX54 Augusta – Your News One Hour Earlier

The situation described in this video is disturbing, but it is also disturbing to us that a good father…also seeking to protect his daughter…is being held in jail on false allegations.  There are some very interesting similarities on these two cases.  Both involve DFCS, law enforcement and certain child custody “experts” and the numbers and rulings just do not add up.  Both are leading to damages to these children.  Damages that can be avoided and that should be corrected.

We are asking law enforcement and our state and local leaders to bring transparency into this father’s case and into Augusta to see why so many good parents are unable to care for their own children, why they are losing their property and jobs, and their health.  

The evidence of these cases dictates that these are the wrong outcomes.  What’s next? #GreenLightAugusta

What about the laws?  Are they being followed?  Keep asking, and show up for these families.  Follow #NeedforGreen to learn more about what is holding back good parents, leaving families in worse shape than before.  

This story from Texas is now going viral, and it is closely related to what is happening in Augusta, and all over Georgia:

 

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Please study local cases and ask questions, especially of Judge Michael Annis about judicial procedure and the use of evidence to exonerate innocent parties.  It appears the evidence was ignored here and a good father jailed because he stood up for his rights to parent and protect his daughter.  

He is fighting for his right to work and to provide for her — and for the chance to recover from what was done wrongfully to him in his divorce and custody case.

This father who is being held wrongfully, denied clean clothing for a week, being denied phone calls…is now writing letters to his daughter so that she knows she is not being abandoned by him.  Help him ensure these letters get to his daughter so that she doesn’t believe that he has abandoned her?  This is critical for her…not just for him.  (Please understand that THREE fathers in metro Atlanta have taken their lives after this type of custody case and mistreatment by court professionals.  We do not need another tragedy, and another Fatherless Daughter, for the State of Georgia to get the point: it is time to intervene!)  

Video testimony is helpful in getting what this is like, the reality for people in this situation, so please take a few minutes to watch this, and see that what happens to this woman in court is the SAME as what happened to this man who is now in jail in Augusta – away from his child who needs his protection and support.

This father wants to get back to work, so that he can pay child support, plus manage the outrageous fees put on him by these court professionals.   Let him out.  Let him work.  Let him defend himself. Give this child her father back.

Teens & Kids Who Miss Their Parents

Somehow you made it to this website, so thank you for reading this far.

Are you not sure what you should think about your parents?

What about why you haven’t had much of a relationship with one of your parents, or maybe no contact at all with a mother or father?

Missing a parent?  Not sure what happened?  There may be more to the story than you realize.  Maybe it's time to ask, and ask someone who will not be mad at you for saying what you need.

Missing a parent? Not sure what happened? There may be more to the story than you realize. Maybe it’s time to ask, and ask someone who will not be mad at you for saying what you need.

We are hearing this a lot.

So if this sounds like your life, you are not alone.

All the answers are not here on this page, but we can help you on the right path to getting answers and help you connect with people you can trust.

It can be emotional learning about this – about the answers as to why a parent seems to have gone missing from your life.

But if you really want to know, you can get help dealing with emotions and fears.   You can also get help working with whatever legal issues there may be.

Things are changing, and it’s your turn to ask for what you need!

Court professionals use a term called “alienation” and they are supposed to help prevent you from losing a loving parent, but that’s not always how it turns out. And that is part of the reason we exist.  We want you to have the best that BOTH of your parents can give you.   So send us a message through Facebook, or go to the Contact Us page and send an email if you want to learn more.

 

Fulton County: Pay to Play (Part Two)

 

Why raise the issue of “Pay to Play” on these child custody cases?

It’s a simple matter of the public wanting to know why the damages to good parents and to so many children are what they are during and following a legal conflict:

Some of the questions the public is asking include, “How many high-paid attorneys and custody experts does it take to influence a judge to ignore evidence and the wishes of a child?”  This is a fair question raised in Fulton, Cobb, Forsyth and Dekalb counties in similar cases involving child abuse.  It is fair to ask also, “Should this influence be allowed to stay hidden?”

It is a bigger question because many of these cases had possible outcomes that were faster, less traumatizing and expensive for the parents and children.

But the damages are not just happening to children, or around cases involving abuse.

Evidence of addiction and other misconduct / foul play is being ignored where it will allow a healthy and innocent parent to protect themselves. This is while certain professionals on those cases earn higher fees from that keeping that parent caught in the process.  It just takes lying to the innocent parent in saying “Oh, that evidence doesn’t count, or that misconduct won’t matter to the Court,” then creating more uncertainty by faulting the innocent parent instead of using available evidence, and the perfect storm is ripe for increased professional gain.

Parents are being told that the “trends” in family law mean that leaving out evidence is appropriate, and that means the financial losses & physical / emotional harm to good parents and children…is all fine, too. So we invite the press to ask, are these “trends” in line with our laws?  We know for sure they are not in line with common sense or with what our children need to be healthy and supported.

So this question on this Fulton case becomes fair game:

Does it really make sense that a GAL on a case like this one is billing over $133,000.00?    Wouldn’t the evidence on its face suffice to provide the right answers to the court?  How is this “trend” good for our children or our state?

Because of this coverage on these unusually high custody expert bills, many more cases have surfaced revealing that “things just don’t make sense” around amounts billed and by whom, and when compared to the evidence and facts of the case – and when seeing the damaging outcomes for children.

See the story posted below for the reason reporter Jeff Chirico did a follow up story on billing records and money.  Note that we have not seen one case with an innocent parent where these same professionals worked this hard to use their influence over a judge.  If they have such a case, our analysts would welcome the chance to compare billing records and the advocacy involved.

There is nothing wrong with making  a great living, or with paying experts when you need and can afford them.

The issue we are raising is that “neutral”  or “child-focused” professionals and their billing practices are doing harm in ignoring evidence that would end litigation and provide protections.

The results are reflecting that more innocent parents are being damaged in spite of evidence that supports them, while the actual perpetrators are able to get evidence ignored.  Either way the children are harmed.

Based on what we’ve seen in this case and in others, if you are guilty of something, then you have a clear path to follow in how to avoid losing in court.  Our point here is that the evidence of this case is impossible to argue with; and certain professionals are working hard to keep out the evidence, even those whose job it is to be “neutral” and to protect the child. (This statement is true and is based on the analysis of dozens of local cases, so we are not amending this statement until we see evidence to the contrary – which we hope will be the case in this next trial.)

If you are a good, innocent parent working to protect a child and to protect your rights, then hiring is a very different matter.  Having significant financial resources and connections as this father does, does not guarantee that the professionals you hire will advocate as needed on your case.  Money does not buy loyalty, but apparently it can buy a cover-up.  The cover-up can work in favor of a parent who is guilty of abuse, but in a number of cases brought to us the cover-up is done to protect a parent and professionals who have lied to police in bringing false allegations.

This means that in other cases, the professionals hired by affluent fathers are allowing their innocent clients to be set up to fail around false allegations.  So, if you are a father who has been falsely accused and lost big, do not make the mistake of thinking that this case may be like yours.  It simply doesn’t work that way – not based on a large number of case evaluations done over a period of several years.

So here is a tough question that is asked of us repeatedly:

Why is it that fathers who have been arrested in different jurisdictions, with reports of abuse substantiated, can use these professionals to hold a child hostage and harm an innocent, nurturing mother?  Then on the flip side, why are fathers who have done nothing wrong and have supported the mother and children (even in the face of adultery and addiction), being condemned and destroyed?

This is happening because it is profitable, and because there is no transparency on these cases.  The next question obviously is “where is the accountability” – does it exist?  The recording and reporting of these hearings is critical for both the public safety – especially that of children who barely have a voice to be able to ask for help – and also for the sake of the public trust in our legal system and judiciary.

If you are a professional who wants to see these cases adjudicated according to evidence and laws, and to ensure the safety of children and the rights of good parents, please look into this case and attend the hearing if possible.

If you are a parent who is uncertain about where to turn to safely navigate situations involving real or false allegations, contact us first.

* This post and this story are posted here together so that following the outcome of this case is easier.  CBS Atlanta did a thorough job investigating and reporting, and was threatened by Dr. Howard Drutman.

 

This is an excerpt from CBS Atlanta’s coverage on this story:

FULTON COUNTY, GA (CBS ATLANTA) –

CBS Atlanta News has learned attorney James Holmes is revising his $133,000 bill in a custody case, in which he served as a guardian ad litem, after reporter Jeff Chirico questioned his fees and his recommendation.

As a guardian ad litem, Holmes is responsible for advocating for the best interest of a 10-year-old girl whose identity CBS Atlanta News is withholding.

Last month, Fulton County Superior Court Judge John Goger ordered the girl live with her father despite allegations he had sexually abused her. Holmes and a court-appointed custody evaluator, Howard Drutman, recommended that the girl’s father receive primary custody of his daughter.

CBS Atlanta News obtained an e-mail Holmes sent to the parties, indicating his fees for working on the case from Spring 2012 through April 22, 2013 totaled $133,000.89.