Lawyers are just a bit too expensive and your child was taken from you by what you thought were unfair and illegal means. You search for answers and stumble upon the parent justice group. Be very careful as such a group could guide you into a hole from which there is no escape.
1
The Hypothetical
Our hypothetical starts with mom as the custodial parent and dad as the visiting parent. Dad, Bob Jones, joined a Father’s Rights group well known in the community for its advocacy for men. Bob is extremely dissatisfied with the deal he got in court. CAPTA techniques were foisted upon him: a psychologist said he had a sex addiction and viewed child pornography at his place of employment. The Child Support Standards Act matching funds ensured his loss of the custody of his child and mom took all the prizes from court. Dad gets supervised visitation at a court approved supervised and therapeutic visitation facility known as “You Too Can succeed” for $100 per hour cash only. However, the order was poorly written and dad was able to seize the boy and take him to another county. Mom went after the boy. Because the order was very unclear about when mom had her parenting time, the police could not enforce the order. Bob kept the child.
2
Where is the Legal Advice Coming From?
Now follows certain behavior on the part of Bob. We do not know which of these behaviors were actually programmed by the Father’s Rights group and which are of Bob’s own creation. Stated another way, the Father’s Rights group may have been committing the crime of the unauthorized practice of law (Section 6512 of the Education Law makes it a felony for any individual or entity to practice a profession without a license), or Bob may have been engaged in the tort of abuse of process. We do not know for sure. However, we are about to see what Bob does and reflect upon which source is responsible. Bob filed for an Order of Protection against the mother in Bob’s county. Bob appeared in court and asserted that mom is violent and is a drug dealer. These assertions score points in court as the court is charged with child protection: protection against physical abuse and protection against drug abuse.
3
Taught About the Offensive Use of Orders of Protections?
Bob now placed mom at risk for arrest. Bob did not to serve the mother and asserts he did by filing a false affidavit of service. Bob returned to court with documents alleging to show that the child was enrolled in local schools, lived with Bob and enjoyed life in the county. The child said he hated his mother. The judge in the new county granted a temporary order of custody to Bob. Mother filed a petition in the new county. The judge had the parties sign an order of reference to a Magistrate which Bob and the mother signed.
4
Taught to Manipulate a Child?
The parties appear before the Magistrate and mom gets supervised visits which the child refuses to attend. The visitation center prepares reports describing the child’s aversion to his mother. The Magistrate orders forensics. The child convinces the psychologist he wants nothing to do with the mother. Bob brings the child to six supervised visits with the psychologist and the results are the same. By now Bob fails to appear in court and the Magistrate flips custody to mother. Mom’s attorney asserts that Bob is pulling tricks. Bob informs the Magistrate that the child refuses to get in the car to come to court and that Bob is on disability and has a serious bone injury.
5
Taught to Remain Away from Court?
The Magistrate adjourns the case for months at a time. Mom does not see her child. Finally, a hearing takes place with all parties present. Bob’s first argument is the Mother is unfit for contacts with the boy: Her history of abuse of drugs where she brought him to the drug dealer’s house every Saturday morning to buy drugs. Bob makes an assertion that the psychologist backs up Bob: I spoke with Dr. Smarts, he spoke with my child. He wrote a letter over here and said that he would not recommend at this time any visitation. Bob said that mother punched him in the face. Bob said to the court that he wanted to make sure the court was liable for any injuries to the child at the hands of his mother if the court gives the boy to the mother.
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