This is my situation. I have three daughters, Alexandria aged 15, Shannon aged 12 and Kelly aged 9 who I love dearly. However, my ex-husband was granted custody, ex-parte, after he convinced me to lift a restraining order or else he would not pay child support for our daughters. I have not seen my children since August 3, 2011. My case started out as a domestic violence case in 2005 that included numerous police incidents including a restraining order for assault and battery and medical treatment. Pictures were also taken by the police department showing bruises on my face, arms and legs from the abuse.
I lost custody on a false ex-parte motion shortly after my abuser begged me to drop the restraining order as he was unable and in contempt for failing to pay child support. Two weeks before the ex-parte motion, a contempt motion was filed for failing to comply with his own granted visitation and child support. I was also seeking changes in visitation as a result. I have been pretty much shut out of my children's lives since Sept 2007 as my abuser and father of my children has refused to comply with court ordered visitation and was recently found guilty on 96 Counts of contempt for failing to comply with visitation, but I was sanctioned for his contempt.
My previous judge ADMITTED bias andrecused himself in December 2009. He forwarded pending motions and contempts to the new judge (some filed in 2008 and unheard), but new judge took over a year (until Oct 2011) to address contempts especially in regards to the visitation interference. The court has allowed many things that right now I cannot post in fear of retaliation and in lieu of pending Appeal of my case.
Bottom line.... There have been at least 5 attempts to terminate visitation based on unfounded ACCUSATIONS of mental illness and motions for mental health evaluation been denied 100% ONLY AFTER I filed for help from the court regarding the abuse and AFTER I filed for divorce and was granted full physical and shared legal custody in the divorce.
Please explain to me how a protective mother goes from having a restraining order to being forced to lift it for financial reasons (documented), to never seeing your children again?
My abuser has spent the last six years trying to obliterate any and all mother-daughter relationship between
my daughters and me. He made it crystal
clear as testified in court in March 2009 that he wanted the children to forget
I even existed. He has
testified that he has not complied with court orders and has no
intention of complying with court orders. He has prevented me from
seeing them, confiscated all gifts and letters I sent them and even
placed a
block on my telephone number so I could not speak to them for months. This was verified by the phone company and documented through the police department.
In hindsight, I feel like the
biggest mistake I made was I left my abuser, my children’s father because at least I would still be with them. I do not
drink, use drugs and have never
abused children. I am a adjunct instructor at a local
college, volunteer doing healing work, and have won awards for my volunteerism
which is one thing I find very self healing to me.
However, I am still heartbroken. I can’t see my children grow up or see their faces on Christmas morning after Santa has left presents under the tree. I can’t be there on their first day of school or on their birthdays. Mother /daughter times don’t exist for us, times taken for-granted by many. I have missed ALL THEIR birthdays, first day of school, first dance, holidays, vacations, school volunteering since 2007. My youngest is 9. That means I have already missed out on HALF her life. Unfortunately the tender, formative years are gone forever and my children will grow up not knowing their mother and have no memories of the mother/daughter bond created during childhood due to their father.
I have exhausted the judicial
system as well as my personal and financial resources trying to reverse the
damage done to my children, my family and myself. I have lost everything to the point that I
had to move in with my father so I would not be homeless, for basic survival, and so I can continue my
fight.
I am reaching out to you
because I don’t know what else to do, but I refuse to stop fighting for my girls until they are safe with me.
In-light of the recent
documentary No Way Out by Garland Walker and Barry Nolan and the recent
Fox LA news expose’ series on the Family Court victimization of countless
children, I cannot and will not stop
until justice is done!
All I want to do is hug my
children, tell they I love them and after all these years have not stopped
fighting for them. If you could help me or lead me to
someone who can, I would be forever grateful.
Thank you
There is something wrong somewhere. When you are divorced, the court decided who would have the custody of the children and who would get the visitation rights. If your ex refused to obey the order from the court, you need to call the police and have him arrested for violating the order. You can apply for legal aid and get a lawyer who specializes in domestic violence cases. Please do not blame yourself. Your ex knew what he was doing by threatening you to stop child support so he could keep the children all to himself. He thought he had won this time but please don't let him win! God can help you to get your children back.
ReplyDeleteThank you for your feedback and support. Legal aid is underfunded and tried there. Have few other agencies I am trying in light of recent events with threats to impede my appeal in this case. As far as police, law does not allow them to intervene and gets pushed back to court.
DeleteI laugh when I read the words "Legal Aid' there is no such thing in Probate.
DeleteLaura,
ReplyDeletePlease, first let me tell you how sorry I am that you are caught up in this nightmare. It's a travesty of justice and is happening all over the world.
I found your link on a Facebook page called MAMA. She posted it on our page, Saving Mila. ..........The word is out, keep your chin up and know that you're not alone. You and your baby girls will be in my prayers.
If you come to our page, Saving Mila, please send us a private message so we know it's you. We will help share your story!
I'm so sorry. No loving, protective mother should ever go through this.
A Saving Mila Admin
Thank you for your kind words, prayers and support. That means so much to me considering the atrocities committed against my family. Currently I am looking at being sentanced to jail for one to six months as well as community service lifetime (as no end date given) on May 15th in Plymouth,Ma with Judge Lusa Roberts
DeleteJudge Roberts was my judge for my divorce.
Deletefeel free to contact me..
. I was given full legal and physical custody in my divorce trial of my 4 daughters but then.... X went the back route and brainwashed 3 of them and kept calling DCF on me. now he has the 3 youngest 15, 11, & 7 my 16 year old remains with me (thank God) DCF (plymouth) has now given conditional custody to my X ..
we go back in July to probate and hope to get some justice... (juvenile court judge katherine white is worse than judge roberts)
cathleenell8@yahoo.com
I just emailed you.
DeleteHow devastating. I am so sorry that you have to go through this. My daughter also went through a very similar situation. The abuse was not only to her but to her children as well. But the courts kept her children from her for years. When they were old enough to make their own decisions they finally ended up back with their mom. But major damage had already been done. This is happening all too often and is destroying the lives of children and mothers. My prayers are with you and your daughters...Bless you..
ReplyDeleteThank yuou
DeleteHi Laura,
ReplyDeleteWe have very similar cases. I am in Ny though my case was transferred about 8 years ago to Fl. I have been going thru the family court system for 14 years. Please contact me ASAP. I am happy to speak with you. Sometimes just talking to someone who has gone thru this too can be very helpful. If there is jail time involved at your next hearing why is the court not ordering an attorney be appointed for you? Anytime there is a chance of you having to be sent to jail, It's a due process violation if you are forced to proceed without one at such a hearing and you have the financial need for an attorney.
I look forward to hearing from you. Does your court have drop off daycare for court watchers to utilize?
Sincerely,
Heather
Springwater5000@yahoo.com
Thank you Heather. I just emailed you.
DeleteI'm also in MA (Middlesex), with a Judge who refuses to listen to my darling twins' (witnessed) accounts of abuse. I'm at my wits end also, like you. 10 years. Hundreds of thousands of dollars, and two beautiful teens that are now scarred for life. I don't have a solution myself, but maybe if we all band together, we can at the very least support each other, and maybe even change the hearts and minds of the public and the Court system. I'm afraid to post as myself - It seems like there are negative repercussions for every protective measure that I take.
ReplyDeleteI am so sorry for what you are going through. We have a stronger voice if we do band together without fear but with courage.
DeleteDear Laura:
ReplyDeleteI am sorry for what you are going through. The same thing happened to me when my children were 2, 3, 4. They are now 4, 6, 7. I've missed the last 2 Christmases. I lost my appeal. I lost again in Circuit Court, even after the appeal. A protective order was denied. An assault charge was cross-nulled when there was a charge taken out for trespassing. The truth is that the system supports patriarchy, and does not know how to deal with domestic violence and child sexual assault claims. Since then, I have completed a Masters and am working on my PhD. My research is on violence against women and children, and how the government and society treats the survivors. All of the abuse evidence was suppressed in court by attorneys. Since then, I have developed a strong network of supporters, including the schools I have attended, including GWU, and now Capella, that support my research. It is cathartic and therapeutic for me. I am in Virginia, however, I was born in Massachusetts and have family in the MA area. We go there every summer. Please contact me at kobriensmith@gmail.com, and perhaps we can arrange to meet sometime this summer. Please know I support you in your efforts, and if there is anything I can do to help, please let me know.
I look forward to hearing from you on email.
With kindest regards,
Kerry
Thank you Kerry - I will as soon as I can breathe long enough to do that. This week is D-day week on whether or not I actually go to jail
Deletehello, i share a story very similar to yours, also from a massachusetts family court(was your judge randy jill kaplan, too?) of course, my first impulse was to appeal, however i learned that family court judge decisions are rarely overturned, and even if you do "win", after spending tens of thousands of dollars, what you will then need to do is go back before the same judge and retry your case with the law recommended by the appellate court. now, what we know for sure is that the family court does not follow the law, it ignores law and evidence. it follows its own agenda. it appoints incompetent and corrupt advisors to support its own bias. the entire family court arena is nothing short of a loony bin; the inmates are running the asylum.
ReplyDeleteit sounds like you have spent enough money and have been excessively tortured and devastated with every exposure to the family court, so why continue on down this path? it only gives the unfit judge another opportunity to screw things up more than they already have for your family, as they have for thousands of other families. these are obviously not reasonable people. please go to the bmcc x facebook page and get involved in some of the problem solving ideas we are exploring, including bringing civil rights violation charges against family courts, calling for an audit and a federal investigation into their conduct. if we work together, this is how we can make a difference. we may even be able to sue them on other counts as well. in the meantime, i feel your pain as it regards to time lost with your children. but please keep in mind, it won't be long before they are 18 and then you will have the rest of your lives together. let your ex husband choke on his own fat...he has made his bed, now let him lie in it. karma plays a factor here as well. please give this advice some consideration.
My legal bill for my ex in contempt for failing to abide by court ordered visitation is in excess of $135k and NOTHING was done to him or his lawyer despite his admission of guilt.
DeleteI pray you are right, as I was hospitalized (not mental btw) as a result of the constant battery it is taking on me physically which the judge doesn't care anyway that I have BEGGED and pleaded for mercy and help and even filed a motion under ADA which she refused.
OMG LADIES AND GENTL,EM 10 YEARS IN THE SYSTEM FOR ME AND HUNDREDS OF THOUSANDS OF DOLLARS SERIOUSLY EMOTIONALLY SICK KIDS AND MY HEALTH IS AT RISK........BUT WE CANNO LET OUR STATE GET AWAY ITH THIS!....MASS IS A COMMONWEALTH WITH PARTICULR BOUNDARIES SO THEY THEY ARE MORE INDEPENDENT THAN OTHER STATES. BECAUSE OF THIS UNETHICAL JUDGES AND LWYERS..ENABLING ABUSIVE .SOCIOPATHIS.... X HUSBAND WHOS FIRST COUSIN IN GOV DELLUCCI WHO WAS WHITY BULGER BEST FRIENS ABOUT 4 DECADES AGO...I DO NT HAVE A LEG TO STAND ON IN MA....MY KIDS ARE SUFFERRING WITH PTSD AND MORE..AND WE NEVER KNOW WHEN THE NEXT BOMB OF CHAOS WIL COME..MY KIDS HAVE LOST TRUST IN SOME PROFESSIONALS,, THEPROPER EVALUATION OF CUSTODY IS A SIGNIFICANT CRISIS IN MA THEY NEED TO BE KEPT UP WITH ALL DOMESTIC ISSUES AND MENTAL HEALTH ISSUS VS SHES CRAZY ..TIME TO THOW THIS AT THE FBI....NOW THAT THEY THINK BULDGER IS OUT OF THE WAY(ALTHOUGH I DO BELIEVE THERE ARE MANY OTHER LAYERS OF BULDGER THAT WILL BE TRICKLING OUT NOW AND THEN THAT INCLUDES JUDGES AND LAWYERS THAT ARE STILL IN OUR SYSTEMS HAVE THEIR JOBS BECAUSE OF WHAT WENT ON IN THE WHITY BULGA ERA)).THERE WILL UNDOUBTEDLY BE MANY MORE INVESTIGATIONS AS FBI PEALS THE LAYERS OF AN ONION..THAT WILL DESCRIBE HOW DEEP THIS STATE WAS RUN BY HIM AND HIS ASSOCIATES)).2 DECADES AGO GOVENOR CELLUCCI AND BULDGER WERE ASSAOCIATED..ISNT THAT INTERESTING...MY X MOTHERINLAW 1ST COUSIN IS GOVENOR CELLUCCI..AND THE JUDGE ON MY CASE WAS SELECTED BY MY OPPOSING COUNSELS GRANDFATHER..WHO AS A JUDGE WAS RETIRING....SOOOO NEEEDLESSTOSAY ITS A JOKE AT THE EXPENSE OF MYSELF AND MY CHILDRENS WELFARE OUR FINANCIAL CHILDREN SUFFERING PTSD ETC MYSELF AS WELL......WHATS THE FBI DOIN ABOUT THIS CRISIS..WHAT IS WASHINGTON DOING WITH THIS......WHAT IS THE FBI TEAM IN BOSTON GOING TO DO ABOUT THIS....BOSTON SUPERIOR NEEDS ALLLLLLLL OF US TO GO OVER THERE AND NOT LEAVE TILL WE MAKE THE POINT OF ABUSE AND NEGLECT PUT UPON FAMILIES BY ONCE TRUSTED JUDGES AND ATTORNEYS...""GOD DOES NOT WANT US TO LIVE THIS WAY!!
ReplyDeleteI am sorry for what you have gone through.
ReplyDeleteI am going through a Similar situation with Judge Randy Jill Kaplan in Essex County Probate court in Massachusetts. I was a battered wife who ran for my life and was tracked down by my former ex-husband. Sent me death threats I went to the police they documented it and call him told to stop. Guardian atlitim testified on my behalf and told the judge in court my ex husband beat me she had the documentation and that he beats my children and not to put them back in that environment but the judge gave him custody, and not I have hired an attorney to file an appeal. I'm a paralegal, battered women, mother fighting for the safety and welfare of my children(custody). I'm trying to reach out to other moms like myself and go public because I'm disappointed in our justice system and how the judge let my babies down. I cry daily because I'm scared for my children mean while my ex abuses the court system every chance he gets. The judge did not provided any Procedual evidence for her ruling she made no mention of the G.L.A testimony who acts in the safety and welfare of my children. I just keep praying, and keep fighting because my babies are my life. Sincelry Mom C. Fighting justice for her children
ReplyDeleteI am going through a Similar situation with Judge Randy Jill Kaplan in Essex County Probate court in Massachusetts. I was a battered wife who ran for my life and was tracked down by my former ex-husband. Sent me death threats I went to the police they documented it and call him told to stop. Guardian atlitim testified on my behalf and told the judge in court my ex husband beat me she had the documentation and that he beats my children and not to put them back in that environment but the judge gave him custody, and not I have hired an attorney to file an appeal. I'm a paralegal, battered women, mother fighting for the safety and welfare of my children(custody). I'm trying to reach out to other moms like myself and go public because I'm disappointed in our justice system and how the judge let my babies down. I cry daily because I'm scared for my children mean while my ex abuses the court system every chance he gets. The judge did not provided any Procedual evidence for her ruling she made no mention of the G.L.A testimony who acts in the safety and welfare of my children. I just keep praying, and keep fighting because my babies are my life. Sincelry Mom C. Fighting justice for her children
ReplyDeleteI need as much support and help as my lawyer cannot work with me anymore at the end of the month.I have given all of my money to her to fight for my boys ..he is trying to drain me financially. His lawyer is getting paid. Im scared to do this on my own.
ReplyDelete