BDN
By Judy Harrison, BDN Staff
AUGUSTA, Maine — People who feel they have been treated unfairly by Maine’s family court system Tuesday urged the Legislature’s Judiciary Committee to change how judges decide custody issues.
Two bills — LD 346 and LD 642 — would require judges to consider the value of having both parents involved in the lives of their children following a divorce. That would be an addition to the current legal standard of making decisions based on what is in the “best interest of the child.”
John Simpson, a Cumberland Foreside attorney and divorced father of two, urged the committee to recommend to the Legislature that the bills be enacted. He told the committee that his wife filed for divorce in 2013 and, initially, the couple was able to equally share the residential care of their children, now 5 and 3.
“Unfortunately, we could not agree on a permanent parenting schedule,” Simpson said. “I thought continuing with our shared schedule would be best for the children, but my wife wanted the children to live primarily with her.”
His voice breaking with emotion, Simpson told the committee that “despite clear proof that shared primary residential care was working very well for our children, the court accepted the guardian ad litem’s 1950s vintage opinion that young children should primarily reside with their mother. My children now spend twice as much time with their mom than their dad for no rational reason.”
Simpson recommended that judges who want to know what is in the best interest of the children of divorcing parents should ask the children.
About half a dozen other divorced parents echoed Simpson’s concerns and his emotional distress over the final custody decrees in their cases. Most complained about how the Guardians ad litem assigned to their cases “misrepresented” the facts of their cases to judges.
Full story: BDN
Showing posts with label best interest of the child. Show all posts
Showing posts with label best interest of the child. Show all posts
Thursday, April 23, 2015
Friday, July 4, 2014
National - What Would You Do if You Were A Guardian ad litem?
Imagine you are a Guardian ad litem tasked with making a recommendation on a case and you have the following to deal with:
One member has just accused the other of molesting the child of this divorcing family. You recommend that the accused has only supervised visits with this child. The Family Court Judge backs up your recommendation.
But there is a twist
You see the accused has another child with another partner. What do you do?
1. You do nothing - that child is not a party to the divorce.
2. You recommend that the accused parent can only have supervised contact with both children because that parent poses a threat to both of them.
3. You have Child Protective Services come in and determine whether or not the accused is really a threat.
Tell us what you would do - Either add a comment here or click this link which opens up in a new TAB or window.
The results will be published on Monday 7/8/2014
One member has just accused the other of molesting the child of this divorcing family. You recommend that the accused has only supervised visits with this child. The Family Court Judge backs up your recommendation.
But there is a twist
You see the accused has another child with another partner. What do you do?
1. You do nothing - that child is not a party to the divorce.
2. You recommend that the accused parent can only have supervised contact with both children because that parent poses a threat to both of them.
3. You have Child Protective Services come in and determine whether or not the accused is really a threat.
Tell us what you would do - Either add a comment here or click this link which opens up in a new TAB or window.
The results will be published on Monday 7/8/2014
Sunday, June 29, 2014
National - According to Family Court - Field Trip to Bar Late at Night is Good for Child
File this under lack of Common Sense within the Family Court System -
As a parent if your four year old child came to you and told you she was scared of being in a situation your ex put her in what would you do? If your child was taken to an adult environment, a bar, late at night where there was loud music, alcohol and intoxicated adults involved. What would you do? Would it make a difference if you were involved in a divorce and custody battle? It might.
Most parents would try to take some kind of protective action for their child. If a Guardian ad litem was involved – you would complain to them; after all, that is what they are put in place for. Clearly a child (no matter what the age) being put into an inappropriate adult situation is not in the child’s best interest. Nor does the child feel emotionally safe in these situations. Common sense would dictate that this child (or any child) should be protected and removed from this situation or environment.
The child in question told her father that she felt scared being in the bars to which she was taken by her mother. She witnessed fights and yelling, and her mom's boyfriend being pushed around. “Bad words” were often being said between people. When the father brought this to the Guardian ad litem's attention (the person who is supposed to be looking out for the best interest of this child) – the Guardian ad litem stated that the father simply did not trust that his four year old daughter was in good hands. The father, concerned for his daughters safety, continued to make his point and express his concern. His concern was not taken seriously by the Guardian ad litem. Instead of investigating whether or not the situation of a child’s late night visit to bars was good for the child, this Guardian ad litem continued to blame the father for trying to cause trouble.
How are we to believe, as this Guardian ad litem and the Judge would seem to be doing, that this little girl's 'best interest' was served by late night visits to bars that she found frightening? What about the child's emotional safety? Is this kind of place a good moral environment for children? To say the least of what this child is learning from the experience? We would say that common sense was not used by the child’s mother nor by the Guardian ad litem for that matter. Sadly, this type of poor judgment is frequently seen with quite a number of Guardians ad litem nationally. Examples like this are the reason why there is now - and has been - a very real need for Guardian ad litem and Family Court reform.
Family Court Reform is a grassroots organization dedicated to supporting parents who have been abused by the family court system. In addition we educate and promote reform through legislation - on a national level. We would encourage you to contact us at MeFamCourt@gmail.com and tell us your story. In addition we may be found on Facebook.
The Power of the Powerless - 2012 by MeGALert
Family Court Survey - We want your opinion regarding the experience you had in Family Court.
As a parent if your four year old child came to you and told you she was scared of being in a situation your ex put her in what would you do? If your child was taken to an adult environment, a bar, late at night where there was loud music, alcohol and intoxicated adults involved. What would you do? Would it make a difference if you were involved in a divorce and custody battle? It might.
Most parents would try to take some kind of protective action for their child. If a Guardian ad litem was involved – you would complain to them; after all, that is what they are put in place for. Clearly a child (no matter what the age) being put into an inappropriate adult situation is not in the child’s best interest. Nor does the child feel emotionally safe in these situations. Common sense would dictate that this child (or any child) should be protected and removed from this situation or environment.
The child in question told her father that she felt scared being in the bars to which she was taken by her mother. She witnessed fights and yelling, and her mom's boyfriend being pushed around. “Bad words” were often being said between people. When the father brought this to the Guardian ad litem's attention (the person who is supposed to be looking out for the best interest of this child) – the Guardian ad litem stated that the father simply did not trust that his four year old daughter was in good hands. The father, concerned for his daughters safety, continued to make his point and express his concern. His concern was not taken seriously by the Guardian ad litem. Instead of investigating whether or not the situation of a child’s late night visit to bars was good for the child, this Guardian ad litem continued to blame the father for trying to cause trouble.
How are we to believe, as this Guardian ad litem and the Judge would seem to be doing, that this little girl's 'best interest' was served by late night visits to bars that she found frightening? What about the child's emotional safety? Is this kind of place a good moral environment for children? To say the least of what this child is learning from the experience? We would say that common sense was not used by the child’s mother nor by the Guardian ad litem for that matter. Sadly, this type of poor judgment is frequently seen with quite a number of Guardians ad litem nationally. Examples like this are the reason why there is now - and has been - a very real need for Guardian ad litem and Family Court reform.
Family Court Reform is a grassroots organization dedicated to supporting parents who have been abused by the family court system. In addition we educate and promote reform through legislation - on a national level. We would encourage you to contact us at MeFamCourt@gmail.com and tell us your story. In addition we may be found on Facebook.
The Power of the Powerless - 2012 by MeGALert
Family Court Survey - We want your opinion regarding the experience you had in Family Court.
Tuesday, May 20, 2014
Make the Connections - FCR - Connect the DOTS
Putting Children First is not a priority for these politicians - but only in name. We want to know how politicians fall. Do they believe in Putting Children First and support Family Court and Guardian ad litem reform. Or do they believe in putting the Divorce Industry First?
Tell us where you think your politician stands - answer our easy four question survey here.
If you have had issues with the Family Court in your state we ask that you please contact us at: mefamcourt@gmail.com
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