Roach v. Roach

Caryn S. Fennell

Case Conclusion Date:January 21, 2014

Practice Area:Child Custody

Outcome:Win against the TPO and Win as to Custody

Description:This was a difficult case of Parental Alienation caused by the mother who twice falsely alleged that the father was "abusing" the children. Before I was retained, she first obtained a TPO in Forsyth County in April, 2013 by accusing him of throwing a "Lego" block at his son. She later admitted in a deposition that she never saw the incident, after previously twice testifying that she did. At the same deposition she stated that she had no concerns or evidence that the father abused the children. Two weeks later she accused him of child molestation against both his son and daughter. She obtained a second TPO in August, five months after the first and a criminal investigation ensued. At an evidentiary hearing, before I was retained, she falsely testified about evidence and other matters, including lying about the participation of DFCS and the Forsyth County Sheriff's Department. I was retained in September and we spent five months aggressively investigating and researching the facts of the case. We obtained evidence of the extent the mother went to lie to the Court and Obtain TPO's in order to isolate the children from their Father. We eventually had the second TPO dismissed with prejudice as a result of her conduct and now have a motion for attorney fees pending. He later obtained 50/50 shared custody of his children at a mediation, which was fantastic because for 10 months, because of the mother's bad conduct, he only saw his children for a total of 8 days. While he wanted full custody, and could have won full custody at a final hearing before the judge, it was not in the children's best interest to continue fighting. Although the mother acted badly toward the father, the children are equally bonded to both parents. To rip them away from either parent would be a tragedy at this stage in their young lives. Sometimes doing the right thing by children is more important than being right, and that statement is none more true than in this case.