Victory! Anti-Father CA Bill Pulled
in Face of Huge Opposition

May 9, 2006

 

Anti-Father CA Bill Pulled in Face of Huge Opposition

In the face of over 4,000 opposition calls, letters and faxes, California Senator Gloria Romero (D-Los Angeles) has decided to withdraw a bill which would have granted custodial parents an almost unlimited right to move children far way from their noncustodial parents. Romero pulled SB 1482 just before today's scheduled hearing on the bill.

SB 1482 would have weakened if not abrogated the California Supreme Court's 2004 LaMusga move-away decision, which affirmed that courts have the power to restrain moves which run counter to children's best interests.

The bill was supported by a wide array of feminist groups and state-funded pro-feminist organizations, including the California National Organization for Women, the California Commission on the Status of Women, the California Partnership to End Domestic Violence, the Coalition for Family Equity, Haven Hills, Inc., Marin Abused Women's Services, Business and Professional Women/USA, the National Council of Jewish Women Los Angeles, the Santa Clara County Domestic Violence Advocacy Consortium, and others.

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Opposition to the bill and unrestricted move-aways was led by the Alliance for Children Concerned About Move-Aways, an advocacy group endorsed by over 50 mental health and family law professionals, and Mike Robinson and the California Alliance for Families and Children. Several organizations of family law and mental health professionals also opposed SB 1482,  including the California Judge's Association, the California Psychological Association, and the State Bar of California's Family Law Section.

This is the second time an attempt by misguided feminists to abrogate LaMusga has been defeated. From 1996 to 2004 move-away determinations were based on the Burgess decision, which was interpreted by California courts as conferring unlimited move-away privileges. Under Burgess the bonds between tens of thousands of children and their noncustodial parents were needlessly ruptured.

The California Supreme Court addressed the problem in the LaMusga decision in April, 2004 by making it clear that courts can prevent children from being moved when it is detrimental to their interests. Among the factors deemed important were the relationship between the child and the nonmoving parent.

In the summer of 2004 then Senate President John Burton, one of the most powerful people in California, introduced SB 730, a bill which would have granted custodial parents an almost unlimited right to move children far way from their noncustodial parents.

We organized opposition to SB 730, and thousands of you wrote and called Sacramento to oppose the bill. Our campaign gained widespread media attention and was endorsed by numerous mental health and family law professionals. Burton surprised Sacramento insiders by withdrawing the bill a few weeks later.

When SB 1482 was originally introduced in February, its language was innocuous. The bill's backers then made a sweeping, last minute amendment to the bill in order to slip it through committee on April 25 before opponents had a chance to organize. We quickly organized a deluge of calls and letters in opposition. The hearing on the bill was postponed to May 9 and then the bill was pulled.

As the Alliance for Children Concerned About Move-Aways noted in its position letter:

"SB 1482 will make it more difficult for children of divorce to retain the loving bonds they share with both parents.

"SB 1482 specifically prohibits a parent seeking to prevent his or her children from being moved far away from citing most of the evidence that could provide a basis for restraining the move. Under this bill, nonmoving parents are prevented from citing the move's impact on their children's relationships with them or the effects on the children of losing their schools and friends. This directly abrogates current California case law, which says that the children's relationship with their nonmoving parent must be considered when deciding a relocation case."

"The LaMusga move-away case, decided by the California Supreme Court in 2004, is a good example of the way [under Burgess] custodial parents were permitted to move children far away without justification. In that case the mother sought to move her two boys from the Bay Area to Ohio because, she claimed, she wanted to attend a law school there. Apparently none of the multitude of law schools in the Bay Area sufficed. Later she moved to Arizona because, she explained, her new husband needed work. His job? Selling cars...

"Part of the problem is that current policies provide strong financial incentives for moving. California has a high child support guideline, a high cost of living, and high wages. Thus custodial parents can often live better by moving to states which have a lower cost of living, because they will still collect child support awards based on California wages and support guidelines. This is a terrible injustice to noncustodial parents, who often must stay behind to work to pay child support for children who have been moved out of their lives."

Thanks again to the thousands of you who wrote or called Sacramento in opposition to SB 1482.


Victories Cost Money

The defeat of SB 1482 once again shows that shared parenting and fatherhood advocates can win victories if we are properly organized and funded. To donate to help our campaign via PayPal or check, click here.

Victories cost money. In these battles we are going up against large, well-funded organizations like the National Organization for Women and numerous government-funded domestic violence coalitions. Too often the people on our side kid ourselves that we can compete against these organizations without funding. Again, to donate to help our campaign via PayPal or check, click here. All donations--large or small--help.

 

Allred, Sacks Square off on SB 1482 on KABC in Los Angeles

I debated Gloria Allred over SB 1482, the new California move-away bill, on the Al Rantel Show on KABC AM 790 in Los Angeles on Wednesday, May 3 at 7 PM PST. Allred won the 1996 Burgess case in the California Supreme Court, which gave custodial parents an almost unlimited right to move children whenever they wanted, wherever they wanted. I opened by saying that Gloria had given the people of California a "dubious gift" with Burgess, and Gloria replied that she had won an important right for custodial parents.

Gloria said that it was unfair that the LaMusga decision--currently California case law which SB 1482 threatens and which we defend--restricts parents with primary placement of children (usually mothers) from moving, while not restricting parents without primary placement (usually fathers). I replied that all parents involved are free to move wherever they want--it is the children who may not be moved if a court determines that it is against their best interests.

Gloria argued that restrictions on move-aways keep custodial parents "held hostage" in their neighborhoods, and that they should be able to "move on with their lives." I countered that both parents retain responsibilities to their children after divorce--responsibilities which are at times inconvenient or limiting. I asked if we would we argue that noncustodial parents' responsibility to pay child support holds them "hostage?"

Gloria and I have squared off on these issue on several occasions in the past, and a few of my readers felt that I was too nice to her during the debate. I think a couple of other readers understood what I was doing a little better:

"Glenn came across as articulate, reasonable, and calm. Allred seemed disjointed. The moderator seemed biased in Glenn's favor and Glenn did not unnecessarily use that to his advantage as Allred would have done if the reverse were true."

"Good debate, shows the gap between the sides. It's less about law, and more about public policy and the opinions that drive them. On her side, 'fathers need to step up to the plate,' but when we do, we are still irrelevant. Behind money, boyfriends, houses, and mom's convenience, here we are. In her eyes the mother divorces the father, and she divorces the father from the children. On our side, we can show that the application of Burgess has been a disaster...You can't convert people like Ms. Allred, but you can give them enough rope to hang themselves. You did a good job, her sexist prejudice against fathers came out loud and clear, just enough rope for tonight's show."
 

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New Column: Resolving the Boy Crisis in Schools

My latest co-authored column Resolving the Boy Crisis in Schools (Chicago Sun-Times, 5/7/06), discusses a recent Chicago Board of Education report which showed that girls enjoy a 63-37% advantage over boys in gaining admittance to Chicago's eight selective-enrollment college prep high schools. Family law attorney Jeff Leving and I wrote:

"In response, Chicago Public Schools CEO Arne Duncan and top administrators at Jones, Whitney Young and Brooks prep schools are advocating that schools consider 'gender weighting.'  Yet to balance the scales by employing admissions preferences is misguided.  What's needed instead is a rethinking of the way we educate, beginning at the earliest levels.

"Many healthy, energetic, intelligent boys are branded as behavior problems as soon as they begin school, and are punished and put on Ritalin or other drugs so they will sit still. Little thought is given to two obvious questions: how could a six or seven year-old be 'bad'? And how could so many boys need drugs to function in school? Because schools and classrooms do not fit their educational needs, many boys disengage from school long before they ever reach the prep school level.

"Many modern educational practices are counterproductive for boys. Success in school is tightly correlated with the ability to sit still, be quiet and complete paperwork and assignments which are sometimes of questionable value. A 'get tough' mentality--under which teachers give excessive homework lest they appear uncommitted or weak--has become a substitute for educators actually having a sound reason for assigning all the work they assign."

We also discussed one of my pet peeves--the way our schools (and our society) devalue and disregard the talents and contributions of men who work with their hands. We wrote:

"The deterioration of vocational education also hurts boys. US Department of Education data show that these programs suffered a sharp decline from 1982 to 1992 and never recovered. Vocational classes once started low and middle achieving boys on the path to careers as skilled tradesmen. They have now often been replaced by an asinine yet pervasive mantra that defines as successful only those who go to college and become doctors or lawyers. This mantra often disrespects  boys' blue collar fathers, who also happen to be their primary role models. In fact, to suggest that a boy pursue a career working with his hands leaves a teacher open to charges of harming students by encouraging low expectations.

To write a Letter to the Editor of the Sun-Times, concerning Resolving the boy crisis in schools (Chicago Sun-Times, 5/7/06), write to  letters@suntimes.com

I've discussed the boy crisis in education in numerous newspaper columns and on the radio. I don't know how many times I've been on a radio show and a caller has said that his or her five or six year-old boy is a "behavior problem" or was "diagnosed with ADD" and he or she was agonizing over whether or not to put him on Ritalin.

The boy crisis was also the impetus behind our highly-publicized Campaign Against 'Boys are Stupid' Products (12/14/03-3/1/04). In seven weeks our campaign drove T-shirts, hats, and other merchandise bearing the slogan "Boys are Stupid--Throw Rocks at Them" out of nearly 3,500 retail outlets worldwide. In my column Why I Launched the Campaign Against 'Boys are Stupid' Products (Los Angeles Daily News, 2/4/04) I wrote:

"The stores dropped the products after being bombarded with thousands of e-mails and phone calls, largely from the listeners and supporters of my radio talk show. Most of those taking action have been fathers who are concerned about the cultural atmosphere surrounding their boys.

"However, some of the most passionate and articulate supporters of our campaign have been the mothers and grandmothers of boys. It is mothers who generally supervise their children's educations on a day-to-day basis, and they more than anybody see boys' largely ignored struggles.

"Though our educational establishment has been slow to recognize it, boys have fallen seriously behind girls at all K-12 levels. Girls get better grades than boys and are far more likely to graduate high school and go to college. The vast majority of learning-disabled students are boys, as are students diagnosed with attention-deficit hyperactivity disorder. Nearly nine million prescriptions of Ritalin are written for American children each year--most of them for boys between the ages of six and 12.

"Boys also suffer from having few men in their lives. Modern schools, particularly at the elementary level, are often devoid of men except perhaps the janitor and the maintenance crew. And there are more boys growing up in fatherless homes than ever before.

"Add to all of these problems a boy-bashing preteen and teen culture--where clothing which insults and taunts boys is seen as acceptable and 'funny'--and it's natural that many boys feel the deck is stacked against them.

"As parents, we suffer along with our children, and like millions of mothers and fathers, my wife and I have lain awake in bed many nights worrying about our son. Perhaps this explains why the campaign has struck such a chord--over 400 newspapers and television and radio stations in seven countries have carried stories about it."


Glenn Discusses SB 1482 on Hot 92 Jamz in Los Angeles


I discussed
SB 1482, the new California bill which will make it easier for custodial parents to move children away from noncustodial parents, with Josefa Salinas on Hot 92 Jamz FM 92.3 in Los Angeles on May 7.
 
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The Second Wives Club is what women in blended families are looking for: Remarriage, divorce, child custody, and step parenting discussed in a solution-oriented, mature, and intelligent way; articles and news written by thought-provoking experts and journalists; personal accounts and advice from some of life's most interesting women. www.SecondWivesClub.com

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New Column: Memphis Commercial Appeal, Chest-Thumping Sheriff Humiliate Hard Luck Noncustodial Parents

My new co-authored column, Memphis Commercial Appeal, Chest-Thumping Sheriff Humiliate Hard Luck Noncustodial Parents (Tennessee Tribune, 4/27/06), discusses recent attacks on Memphis "deadbeat dads." The column details numerous examples of child support enforcement publicly humiliating innocent people. Family law attorney Jeff Leving and I wrote:

"Shelby County Sheriff Mark Luttrell recently published the names and birthdays of 4,500 alleged deadbeat parents in the Memphis Commercial Appeal, Tennessee's largest newspaper. Luttrell states that he took out the ads because the 9,000 parents for whom he has warrants owe their children $75 million--$8,333 per parent. One man allegedly owes $1.3 million. At the same time, Luttrell's deputies fanned out across largely black South Memphis hunting down 'deadbeats.' Both the humiliating newspaper ads and the police raids unfairly target low-income parents...

"Child support enforcement agencies are notorious for their bureaucratic bungling and incessant computer errors.  When other law enforcement officials have published 'deadbeat' parent lists similar to Luttrell's, innocent people have been vilified and subjected to public ridicule.

"For example, when the Louisville Courier-Journal published the names and addresses of 1,000 alleged child support scofflaws in July of last year on behalf of Jefferson County Attorney Irv Maze, they listed James H. Frazier as a deadbeat who owes $57,000. Unfortunately, they listed his name above the home address of James R. Frazier.

"WAVE 3 TV in Louisville reported that James R. Frazier and his wife Bertha--both of whom seethed at being publicly humiliated--had been erroneously targeted by Maze before, and had spent years fighting to straighten out the error. In fact, Maze's office had previously acknowledged its mistake--and then went ahead and published the erroneous information anyway. In fact, as of October 1--over two months later--Maze still had not corrected the error on his list of 1,000 'deadbeats' on the County Attorney's website.

"ABC 7 KGO News in San Francisco, California has followed the saga of Alex Mendez, a childless man who has been mistakenly targeted for alleged overdue child support five times in the past three years by two different counties. After embarrassing media coverage, local enforcement officials repeatedly pledged to fix the error but have failed to do so.

"The list published by the Commercial Appeal appears to have similar problems. Memphis' News Channel 3 WREG quotes a juvenile court source as saying that some of those on the list may have already paid their child support. Nicholas Burchett of WREG was shocked and angered to find his father listed as a 'deadbeat'--the man has been dead for 14 years.

"Eyewitness News-WPTY reports that the Department of Human Services lost thousands of dollars of child support paid by Hugh Jones of Memphis, leaving Jones with a $10,000 child support arrearage.  According to WPTY, DHS cashed Jones' checks six times but, despite Jones' detailed documentation, has failed to credit his account. WPTY reports that Jones 'has to continue paying his child support if he wants to remain a free man' and avoid jail, even though his 'debt' consists of money he has already paid.

"In the wake of the Louisville ads Maze wrote a column in which he claimed that his policies 'make a clear distinction between 'dead broke' and 'dead beat' among child support obligors.' As an example, Maze explained 'One parent, whose name is not on the list, but who is behind in her payments, contacted my office stating that she had been unable to find steady employment.'

"Yet child support expert Jane Spies of the National Family Justice Association discovered that although Maze says this woman was not on his published deadbeat list, in a previous interview on National Public Radio Maze spoke of the same woman, and said she 'saw her name in the newspaper' and contacted him. In other words, Maze admits that the woman was too poor to pay her child support, but he nevertheless publicly humiliated her by publishing her name and address. Many if not most of those targeted in Luttrell's raids and Commercial Appeal ads are in similar situations."
 

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Tiger Woods' Father Remembered

Tiger Woods' father Earl died last week at age 74. Eugene Robinson wrote in the Washington Post:

"Earl Woods did much more than raise a supremely talented golfer. In an age when it's rare to read a sentence with the words 'African American' and 'father' that doesn't also include 'absent' or some other pejorative, Earl and Tiger Woods were the world's most visible, and inspiring, counterexample. 'He was the person I looked up to more than anyone,' Tiger Woods said following his father's death, and even the world's biggest cynic had to know he meant every word.

"To me, the two defining aspects of Tiger Woods's career have been his supernatural ability to make a golf ball do impossible things and his relationship with his father. Two moments stand out: The Sunday afternoon in 1997 when Tiger became the first black man ever to win the Masters and cried like a little boy in the arms of his father, who was there against doctor's orders after almost dying in heart surgery. And the Sunday afternoon in 2005 when Tiger won his fourth Masters and cried again, because Earl Woods, for the first time, had been too sick to come to the course and root him on."

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PBS films Fathers & Families Meeting, Lobbying

A couple weeks ago we updated you on the situation regarding the PBS controversy--see An Announcement Regarding Our Campaign Against PBS's Anti-Father Breaking the Silence. We explained that "we have been in talks with the producers who are making the new film on behalf of PBS, and film crews will be filming and conducting interviews in New York, Connecticut, Massachusetts, and other places in April. Fathers & Families members will be filmed April 27 and 28."  

According to Fathers & Families:

"About 200 men and women attended Fathers & Families' general membership meeting last Thursday, April 27, at the Copley Westin Hotel in downtown Boston. The meeting, led by Dan Hogan, was filmed by a PBS documentary film crew. In addition, reporters from several newspapers, including the Christian Science Monitor were on hand.

"Members were truly eloquent in narrating how the current system has torn their children out of their lives, doing great harm to the children in the process. A Massachusetts firefighter described how a judge has made it virtually impossible for him to be with his children now that he is a quadriplegic as a result of an accident last year. A Harvard Medical School gastroenterologist provided perhaps the most tragicomic and ironic anecdote. Despite taking life-and-death care of his patients, he described how he has been prevented from discussing his child's health and has had to defend himself against charges that he caused his son's constipation!

"The meeting culminated a day in which the PBS crew followed Ned Holstein as he patrolled the State House, meeting with legislators and aides to advocate for shared parenting. PBS also filmed interviews in the F&F office.

"The evening event drew such a large crowd that additional meeting space had to be opened up to accommodate all who wished to get in.

"Dan Hogan began by introducing the staff, consultants, interns and regular volunteers for Fathers & Families. These 15 people demonstrate that Fathers & Families is growing at a fast rate.

"Representative Colleen Garry of Dracut, the leading legislative sponsor of our shared parenting bill, received a standing ovation for her powerful speech supporting shared parenting. Kevin Thompson fired up the partisan crowd with his account of the banning of his book, Exposing the Corruption in the Massachusetts Family Courts. Jeff Parks discussed the healing powers of parental alienation groups and the role that political activism can play in the healing process. Dan Hogan, after updating us on the status of shared parenting around the country and world, called for the fathers' movement to reach out and begin a dialogue with our opponents, especially the domestic violence movement. And Ned Holstein closed the meeting by speaking movingly about what it really means to be a father.

"Thanks to all who took the time to attend. When the PBS documentary is aired, it will show that the fathers' movement is one that fills the house to overflowing. And most important, it will show that we care deeply about our children."

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Father: A Child's Right
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Kansas Child Support Idiocy

The Kansas legislature has just passed a bill under which parents falling behind in their court-ordered child support payments by a whopping $500 could find their driving severely restricted. The bill went to Kansas Governor Gov. Kathleen Sebelius yesterday. According to the Associated Press' State: Pay child support or be a restricted driver:

"The House voted 108-14 on the measure worked out by negotiators from the two chambers. Last week, the Senate approved it 36-4. Sebelius is expected to sign the bill.

"The bill still says those owing more than $500 in child support would be targeted by the Department of Social and Rehabilitation Services to have their licenses restricted until the debt is paid or until parents make arrangements to pay what's owed.

"As passed by the House, the bill would have resulted in a license being revoked, but the Senate changed that to allow parents to have a restricted license for such things as going to work or school, medical emergencies, and taking children to and from school.

"'If they have a job, we want them to go to work so they can pay what they owe,' said Rep. Mike O'Neal, R-Hutchinson, his chamber's lead negotiator on the bill.

"Most child support payments in Kansas go through SRS to the parent primarily responsible for the child's care. SRS says the bill would mean an additional $200,000 in child support collections."

I criticized this legislation in my co-authored column Kansas License Bill Unfair to Noncustodial Parents (Wichita Eagle, 3/8/06). Family law attorney Jeff Leving and I wrote:

"While such measures always make for good sound bites and electoral politics, they make poor public policy. That's because the vast majority of those behind on child support are low-income parents who have been saddled with artificially inflated paper arrearages that they couldn't possibly pay...

"Perhaps this is why while DSRS recently announced that their top five deadbeats owe an average of $225,000 in back child support, they have refused to disclose these individuals' occupations. The pot of child support gold which DSRS Secretary Gary Daniels professes he'll find if he gets 'the [enforcement] tools that some other states have' simply does not exist...

"HB 2706's $500 arrearage limit is particularly misguided and destructive. A Kansas father of three who earns a pre-tax income of $3,850 a month pays about $1,050 a month in child support.  If he is out of work for even a brief period, HB 2706's punitive measures could impede his ability to earn a living, sending him into a downward spiral of arrearages and debt...

"Daniels says a crackdown is needed because only 54 percent of Kansas children who are owed support receive their full shares. However, DSRS is already able to get drivers' licenses suspended through contempt of court proceedings. The real problem is that the vast majority of the child support debt is simply uncollectible. Instead of enacting new draconian measures, the legislature should instead mandate that DSRS focus its enforcement efforts on true scofflaws with real arrearages instead of hard luck parents with counterfeit ones."

Ironic, too, that this comes right now, just as neighboring Missouri has publicly revealed that it made a gross error in the tragic Chalmers case, and is now conducting a larger review of its system. See my entry "I Couldn't Be Less Surprised" below for more information.

On a positive note, I suppose I should commend the Kansas Senate for at least having the common sense to make provisions to allow "deadbeats" to drive to work and back.

Lisa Scott Launches RealFamilyLaw.com
Shared Parenting Advocate/Family Law Attorney Lisa Scott has just launched www.RealFamilyLaw.com to expose the truth about what is happening in our family law system. Lisa, the all-time leader in appearances on His Side with Glenn Sacks, says that she was "tired of having her stuff rejected by elitist bar publications and politically-correct newspapers" and decided to start her own website. www.RealFamilyLaw.com

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Albany Times Union Editorial Cartoonist Blasts NY Assembly Committee for Opposing A330

Well said...

If for some reason the above cartoon doesn't load, you can view it on the Times Union's website here.
 
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Dad Gets His Daughters Back After Mom Abducts Them

The article Dad, kids Poland-bound after rulings (Chicago Tribune, 4/26/06) discusses an international abduction case in which a divorcing Polish mother abducted her two daughters to the United States, disappearing with the girls without even telling the dad. I hear of these nightmarish cases all the time and it seems that, regardless of what the law says, it is difficult for dads to win. In this case, family law attorney Jeff Leving scored a big victory, getting the dad his kids back and righting the wrong.  According to the Tribune:

"A Polish man, whose daughters disappeared and were found to be living in the Chicago area with their mother since last year, took the girls back to his country on Tuesday after a series of legal victories.

"Janusz Adamczyk, 39, was reunited with his daughters at a Bedford Park school Monday afternoon. He had been trying to return Gabriela, 8, and Adrianna, 10, to Poland since June, when he learned his wife brought the girls here.

"'It took me a lot of time and effort but finally it seems I'm successful,' he said before he and the girls boarded a plane. 'I did this for my kids, not for myself or to prove anything. I know this is what they need.'

"He acknowledged it would take time for the girls to adjust, 'but they need their mother to give them support.'

"A weeping Beata Adamczyk, their mother, said in a phone interview that she was en route to O'Hare International Airport in hopes of seeing her daughters because they were taken from school and she didn't get to say goodbye.

"'I know I broke the law, but I thought I was doing the best for the kids,' she said. 'In Poland there is no future for the kids. I'm just so upset.'

"The Adamczyks had been involved in an international custody battle after separating last year. They were in the midst of a divorce in Poland when Beata Adamczyk , 37, brought the children to south suburban Summit.

"Janusz Adamczyk's attorneys said the case highlights how more international abductions are ending up in the U.S. court system.

"According to the National Center for Missing and Exploited Children, caseloads regarding international parental abductions grew by 69 percent last year. Julia Alanen, director of the international division, said more people are learning how to reach out for help.

"'There are no really solid statistics [of how often it occurs] because the majority of these cases go unreported,' she said. 'But the increased ease of international travel and access has made it easier for people to carry on international relationships. You do end up with international parental disputes.'

"Adamczyk reported his children missing in Poland and was connected to an attorney by the National Center for Missing and Exploited Children.

"'This decision, it speaks volumes and sends a message to any parent who wants to wrongfully kidnap a child,' said Jeffery M. Leving, whose law firm represented the father. 'This decision communicates that the U.S. will not stand by and support a kidnapper.'

"Adamczyk said that after he and his wife separated last year, she and the children moved more than 450 miles from his Tarnow, Poland home. When he went to check on them, he learned they were gone.

"'I didn't even know she was leaving,' he said. 'I didn't know where my kids were at or nothing.'

"Leving said a private detective found Beata Adamczyk living in the south suburbs with her parents and the children enrolled in a local school.

"The couple had lived together in Summit before they married, and the girls were born here, court records show.

"In court, the girls' mother argued that she did not want to live in Poland. The girls told a psychologist they also did not want to go to Poland and that the schools were dirty and had broken windows.

"But Cook County Judge Barbara Riley said the girls started their education in Poland, were financially supported by their father even after they were abducted, and their mother was wrong to take them without his permission. Riley ordered that the girls be turned over to their father. A petition by the mother to the Illinois Appellate Court was unsuccessful.

"Beata Adamczyk said she left Poland to offer the girls a better life. She described a marriage in which her husband controlled the finances and refused to leave Poland, even though they were struggling.

"Leving said future proceedings regarding custody would have to be handled in Poland."

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I Couldn't Be Less Surprised

Recently I discussed the case of Herbert L. Chalmers, a St. Louis man who committed a quadruple murder-suicide (see St. Louis Man Kills 4, Self Over Child Support Dispute). According to the article 'If it was a mistake, it cost the lives of my family' (St. Louis Post-Dispatch, 4/22/06):

"Did the state make some kind of mistake in calculating Herbert L. Chalmers' child support, possibly sparking a rampage that killed four women--including his children's mother and two members of the family whose business garnisheed his wages?

"Chalmers made it clear he felt there had been an error, railing about it for months before Tuesday's bloody spree. He complained about it to some survivors of the tragedy before using his last shot on himself...

"Chalmers told his boss, co-workers and at least one friend that part of his salary was being wrongly withheld.

"'What set him off was the fact that they were garnisheeing his check,' his co-worker James Lee, 76, said after the shooting stopped. Lee and another co-worker said Chalmers denied being the father of the children.

"Records indicate that Chalmers had accepted responsibility as father on the birth certificates, but reportedly he claimed later he determined he was not their father...

"The children are now grown, and the child-support issue involves payments allegedly owed from the past.

"Charlie Finninger, who with his wife owned Finninger's Catering Service in St. Louis, said Chalmers, a five-year employee, complained several months ago that the garnishment was wrong.

"'I told him my hands were tied,' Finninger said. 'I told him if the state was wrong, then he should fight it.' Finninger offered Chalmers copies of documents to help make his case...

"Finninger wondered aloud Friday whether Chalmers had been right about an error. 'If it was a mistake, it cost the lives of my family.'

"...[Chalmers said] he couldn't survive on $200 every two weeks and was going to kill the people who had made him suffer...

"It appears that Chalmers' withholding for child support had almost doubled over three years..."

I couldn't be less surprised to report that---brace yourself--child support enforcement had made an error, and was charging the guy five times what he actually owed. According to the News-Tribune:

"A clerical error caused the state to assess a man who went on a shooting rampage last week five times more per month in child support than he actually owed, state officials acknowledged...

"An error in data entry, made when more than 400,000 child support files were converted to a new computer database in 1998, increased Chalmers' monthly child support more than fivefold, said Deborah Scott, spokeswoman for the Missouri Department of Social Services.

"But Scott also stressed that Chalmers had many opportunities to correct the error since 1998."After Chalmers, 54, contacted the department once this year about the amount he owed, an employee tried five times to contact him without success, she said.

"On April 18, when Chalmers went on his rampage, the department was garnisheeing 50 percent of his paycheck - the state's top limit - for back support, Scott said..."In 1997, Chalmers was supposed to be paying $133 per month in current child support and owed $724.92 in back support.

"Records, including Chalmers' file, were converted into the Missouri Automated Child Support System in 1998. Scott said the department knew there were some problems with the conversion, and said workers made "significant attempts" to ensure accuracy.

"At some point, a worker spotted the $724.92 back child support figure for Chalmers and entered it as the amount he was to pay per month for current child support, Scott said."

The child support system is rife with these types of mistakes. Common agency errors include: mathematical errors; failure to record or transfer records of payments; billing men for children they did not father; failing to stop child support when a child reaches the age of emancipation; accepting custodial parents' false reports of nonpayment; and failure to update child support orders with later court rulings affecting modifications. And while the officials quoted in the above article breezily assert that all Chalmers had to do to straighten it out was come in and talk, thousands of people on this e-newsletter list can attest that straightening out child support errors is vastly more difficult than that, and sometimes is impossible. As I noted in my co-authored column Federal Child Support Enforcement Cuts Will Hurt Bureaucrats, not Children (Las Vegas Review-Journal, 12/17/05):

"Child support enforcement agencies are notorious for their abusive tactics towards such men, as well as their mind-numbing incompetence, waste, and the incessant computer errors which lead to the persecution of innocent citizens...For too long child support policies have been determined by politics instead of common sense; the mantra of 'help women and children' has allowed large-scale abuses and waste to go unchallenged."

What Chalmers did was absolutely unforgivable under any circumstances. However, given the number of these stories I hear, it's not surprising that once in a while there's a guy who's going to react this way.
 
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Anti-Father Feminist Trish Wilson Corrects Her Error

For a decade feminist blogger Trish Wilson has specialized in tracking and attacking the fatherhood movement. In the wake of the vote on the New York shared parenting bill, she and other feminists have been enjoying some Sacks-bashing, and are attempting to portray me as a sore loser. Wilson even claimed that I am "currently instructing fathers' rights activists to continue to write to the committee members to complain about not passing this bill."

However, what I actually wrote was "The Assembly members voting in favor of the bill were Ruben Diaz Jr., Karim Camara, Michael Benjamin and Vincent Ignizio. I suggest you send them an email thanking them for their support by clicking here." It's in my last newsletter here, and it still seems like a reasonable idea to me.

I was disappointed by the error--Trish and her colleagues spend so much time attacking me that I thought they were careful and dedicated Glenn Sacks readers. Apparently not. I wrote to Trish and pointed out the error. She squawked a little but, to her credit, admitted her error and wrote the list later to correct it.


Trish Wilson Doth Protest Too Much

I found out about Trish's above claims when one of my readers forwarded me an email from a feminist group. (It is common for members of the Sackson Horde to forward me things of interest from various websites, egroups, chatrooms, etc.) Trish was very upset about this, and later wrote the following to the egroup:

"Somehow Glenn Sacks was given an e-mail that I wrote to this list. I am unsubscribing. This list is no longer safe. Who sent my message to this list to him? I'm very disappointed with this list. I won't participate anymore if my e-mails are being forwarded to fathers' rights activists...I am going to unsubscribe. I don't feel safe here."

What's ironic about this is that many years ago Trish began her anti-father activism by lurking in fathers' rights egroups and email lists and then posting the emails on her website. Trish, you really protest too much...


Trish Wilson Generously Allows That Sometimes Joint Custody Is OK

Trish is a dedicated opponent of shared parenting and joint custody. However, in a recent posting on her website she generously allowed that there are times when joint custody is OK. Trish writes:

"Joint custody/shared parenting has been shown to work only under specific circumstances. The characteristics in families where joint custody/shared parenting has worked are these: the parents had an amicable divorce, they had higher-than-average education levels, they had higher-than-average incomes, they had only one child, they lived close to each other, they were able to communicate and work together for their own sake and the sake of their child, their child could handle the joint custody/shared parenting schedule, and the parents chose of their own free will to try joint custody/shared parenting with the intention of making it work."

This would throw the gate wide open for shared parenting for all of about 2% of divorcing couples. Thanks, Trish!

Trish also reports:

"Dr. Judith Wallerstein found that in cases where judges ordered joint custody/shared parenting to force warring parents to get along, that 'three and one-half years after separation, these couples were experiencing considerably more conflict and less co-operative parenting than were couples for whom joint custody was the first choice of each parent.'"

This sounds impressive at first reading, but in reality it is almost meaningless. She doesn't say there's too much conflict in court ordered joint custody arrangements--she says there's more than with "couples for whom joint custody was the first choice of each parent." It is to be expected that joint custody will be smoother in couples who both originally opted for it, as opposed to couples where one parent tried to push the other parent to the margins of the children's lives but later had to "settle" for joint custody. It would be far more meaningful to compare the level of conflict between joint custody and sole custody settings. In my co-authored column A330 Would Help New York's Children of Divorce (Albany Times-Union, 3/28/06),  the ACFC's Mike McCormick and I noted:

"The New York Chapter of the National Organization for Women, the New York-based National Coalition for Family Justice, and other misguided women's advocates oppose A330 in part because they believe that joint custody is unworkable when there has been conflict between divorcing parents. Research indicates that these fears are unwarranted.

"According to a study in the Journal of Divorce & Remarriage, over time joint custody serves to help reduce conflict between divorced spouses. When Texas Woman's University conducted a study of the effects of post-divorce discord on children aged 8 to 12, they found that joint custody does not expose children to greater parental conflict. Psychologist Robert Bauserman's research (a meta-analysis published in the American Psychological Association's Journal of Family Psychology) also found that divorced couples with joint custody report less conflict than those in sole-custody settings."

The most annoying part of this argument is the contention by Trish and other feminists that mothers shouldn't have to be "forced" into joint custody arrangements with their exes. This presupposes that the kids really only belong to mom, and courts are unfairly "forcing" mom to share the kids with dad. Moms and dads should appear before the court as absolute equals.

If one switches the genders and looks at families where the father is the primary caregiver (and thus the one to presumably gain sole custody), this feminist presumption looks pretty ugly. I switched the genders in my column California NOW Takes Stand Against Working Mothers (Sarasota Herald-Tribune, 2/23/04). Two years later I still have never heard a reasonable feminist rejoinder to the argument I laid out in that column.

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A Victory in Massachusetts

In 1998, Massachusetts passed a law that forbids all non-custodial parents from obtaining report cards and other school records concerning their children unless they first go to court and obtain certification that they are not batterers. This law's "all fathers are guilty until proven innocent" presumption is an outrage. Last June we reported that Massachusetts father Henry M. Fassler, a member of Fathers and Families, had discovered that the Massachusetts law conflicts with federal law and pressed a complaint at the federal level. 

As a result, the U.S. Department of Education recently sent a warning to Massachusetts Education Commissioner David P. Driscoll saying "The commonwealth and every school district in Massachusetts is in violation of federal law, and has been for years." The letter also gave Driscoll 30 days to report "on the steps your agency has taken, or will take, to ensure that local districts in Massachusetts comply with [federal] requirements as described in this letter." The issue was discussed in State to seek repeal of access law for noncustodial parents Student record policy at issue (Boston Globe, 5/22/05).

Last week Fathers and Families of Massachusetts reported another victory:

"Governor Romney recently signed the report card bill into law, formerly known as SB 2206. Now, almost all non-custodial parents will have the right to receive a broad range of school records concerning their kids, including report cards.

"With great tenacity, F&F member Hank Fassler dug into the old law, and convinced the feds that the Massachusetts law was inconsistent with federal law. This started the chain of events culminating in yesterday's success. Along the way, F&F successfully fought off determined efforts by domestic violence advocates such as Jane Doe, Inc. and the Massachusetts Law Reform Institute to maintain restrictions against a vast swath of non-custodials. In this, we were helped by the good sense and steadfast support of Representative Patricia Haddad, Senator Robert O'Leary, and Senator Robert Antonioni."

As a former high school teacher I repeatedly saw the value of fathers' participation in their children's educations. I could teach a class for a few weeks and then have a pretty good idea which kids had fathers in their lives and which ones didn't. I had few discipline problems in my classrooms but when I did I always knew that there was one truly effective way to get an errant boy to change his ways--call his dad at work and explain to him that he needs to leave work and come to the school to talk to me about his son's behavior. It was 100% effective.

Congratulations to Fathers and Families and Fassler.

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Congressional Candidate Takes Strong Stand for Noncustodial Parents' Rights
In 2004 Libertarian presidential candidate Michael Badnarik had a strong noncustodial parents' rights platform.  Badnarik is clearly aware of and sensitive to the basic problems fathers today face, particularly the sole custody norm and the denigration of noncustodial parents to "second class parent" status. Badnarik is running for Congress in 2006--to learn more, go to www.badnarik.org.

Update on Canadian Father on Hunger Strike

I recently wrote:

"Canadian father Gerry Nicolas is now on his 9th day of hunger strike in front of the Quebec Provincial Court of Justice in Gatineau. Nicolas has a six year-old boy and a four year-old girl. He only gets every other weekend 'visitation,' and says his ex-wife often interferes or eliminates even that. He says that at one point he went three months without seeing his children because of her interference. The police (of course) refuse to enforce the order.

"Nicolas also says his children are being alienated from him.  Nicolas is black, his ex-wife is Asian, and Nicolas claims his four year-old daughter told him her mother told her not to kiss him 'because he's black.'

"Nicolas says he and his ex-wife both earn around $60 or $65 thousand dollars a year, but that he has lost his business and his savings and after his wages are garnisheed he is left with less than $300 a month to live on. He says he has been unable to get a court to resolve these issues, and is on hunger strike to try to force the court to give him a hearing.

"I called Gerry yesterday, and he seems very sincere and determined. I'm not sure that a hunger strike is the best tactic--I prefer the bridge and rooftop protests of Fathers 4 Justice--but I support him in what he's doing. To contact Gerry and give him encouragement, call him on his cell phone at (819) 921-1877. His email, which his sister is retrieving and printing out for him, is GeraldNicolas1@yahoo.ca."

Apparently Nicolas' hunger strike has come to a successful conclusion. According to Canadian activist Jeremy Swanson, "A personal letter from a Quebec Judge hand-delivered to Nicolas by a court official confirmed that the family court had finally granted Nicolas's wish." Nicolas, who is French Canadian,  writes:

"I'm fine, tired, I lost lots of weight but I'm ok, my hunger strike is now over, because of heath complications, (I was on a very strict hunger strike no food, only 2 liters of water a day) after doctors visit to my tent. I lasted 9 days, in the cold, the rain, the wind, just in front of the court house. I receive satisfaction from the head Chief Justice, and all my revendications [claims] to help dads, in my Province Quebec are in the hands of the Justice Minister. 

"I received support from fathers all over the world. I receive letters everyday of support from all of you and all theses words was my food during the cold and lonely night of hunger. I wish all of you the best, and like the doctor told, me, you have fight a great battle and achieving lots of visibility for all fathers across the country and the world, dying here will not serve your cause no more, you have to get well and continue the fight now standing up.

"I will now do just that, continue the struggle for fathers civil right, by standing and walking tall. I won a great battle with my sacrifice and help many people. Thanks to all of you and the fight is not over until victory is in our hands.

Gerald Nicolas"

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NY Assemblywoman on NY Shared Parenting Bill: Many Letters in Support, Few Opposed

New York Assemblymember Deborah J. Glick, who opposes Shared Parenting and who voted against us on A330 last week, sent a revealing letter to Debbie Ecker of Child Support Advocates of NYS.

"Thanks so much for your email in opposition to the so-called Shared Parenting bill.  While I have seen many letters in support of this legislation from all around the country, my office has received few letters in opposition. (emphasis added)

"I have been strongly opposed to this bill for the past 15 years.  I don't believe  that it is in the best interest of children to force joint custody on divorcing parents that can't agree on a custody arrangement.

"For many of the same reasons you raised regarding domestic violence, I feel that it is better for the children if an impartial third party decides upon custody issues.

"The bill was on the Children and Families Committee agenda on Tuesday, April 25, and was held in Committee by a vote of  12-4.  I was pleased to see that the vote to hold was supported by both Democrat and Republican alike.

Thank you for your advocacy.
Sincerely,
Deborah J. Glick
Assemblymember"


Putting Kids First

Kirsten Feldman's new Boston Globe column Joint custody works, but it's not easy (4/27/06) is a nice example of a parent putting the children first. It is also a nice example of how adults comport themselves, as opposed to what we often see in family court. Feldman writes:

"A couple of weeks ago I stood on the playground at my children's school and kissed my daughter goodbye. All around me other parents were doing the same, sending their kids off for a last day of school before break. The only difference was that I wouldn't see or even speak to my children again for 11 days. They were going on vacation to Austria with their father and their stepmother; I was not. I did my best to smile brightly and assure them how much I loved them and hoped they would have a good time. Another mother standing next to me began to cry. She asked me how I could stand it. I left as quickly as I could.

"My children's father and I separated and then divorced several years ago, when my son was in kindergarten. Next year he'll be starting middle school. It seems like a lifetime ago now that we were married, but somehow the 11 days also felt like a lifetime. It didn't for my children, and that is good news. I certainly don't want them sitting around pining for me and our house and our life, and to be truthful, I didn't sit around pining either. Actually, my husband and I went on a trip of our own, but the rhythm of time without children is different...

"I certainly think my children have benefited from joint custody, in our case meaning that they might spend some nights at their father's house and some nights at ours in a given week, and we trade off for vacations and holidays...they have excellent relationships with everyone involved (and that's a big crowd, I can tell you).

"Their father and I are amicable, and we have worked out the intricacies of having bicycles, and homework, and sports equipment in the right place at the right time. We attend teacher conferences together. We have resolved thorny issues involving religion and dentistry and Christmas dinner. I hope we are setting a good example for our children of how to relate to someone with whom you differ."  

Best Wishes,
Glenn Sacks
GlennSacks.com
HisSide.com

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