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Showing posts with label GAL ISSUES. Show all posts
Showing posts with label GAL ISSUES. Show all posts

Tuesday, April 21, 2015

HOW CAN WE UNDERSTAND IT WHEN GALS REFUSE TO LISTEN TO THEIR CHILD CLIENTS!

A friend of mine recently told me her GAL story.  Let's call her Sally.  According to Sally, it was getting to the end of her custody evaluation and her son, John, came to her and said that he wanted to stay in Connecticut and didn't want to be with his father out of state.  

Sally would like to be able to say this was because of her wonderful parenting skills, and that he preferred to be with her marvelous self.  In fact, what primarily influenced John was his attachment to his home and his community as well as his strong relationship with his friends.  Simply put, John was a homebody who liked to hang out with the same kids he always hung out with and didn't want any changes.  

In response,  Sally told John to sit down and write a letter to his GAL and explain how he felt.  John went ahead and did that and gave the letter to his GAL.  In response, the GAL said that she could not take John's views into consideration and that she was going to make her decision independent of his wishes.  

When Sally heard this reaction from the GAL, she immediately went to the custody evaluator in the case and made an appointment for John to speak directly to the doctor.  In a session that was often very tearful, John explained how he felt.  When the final custody evaluation came out, not only did Sally end up with residential custody, there was a special section in the doctor's recommendations that specifically addressed John's wishes and made sure they were respected.  

When I listened to Sally's story, my question was directed towards the GAL.  Why didn't the GAL respect John's wishes?  

Clearly, the psychiatrist in the case felt that John's concerns were important, so why didn't the GAL think that it was in the best interests of the child to take in account his expressed wishes?  This is not unusual in many custody cases--frequently, GALs will simply refuse to listen to or respect what their child clients have to say.  

A similar situation occurred in the case of Karyn Gil v. John Gil where Attorney Campbell Barrett of Budlong and Barrett, LLC was the Guardian Ad Litem for the child.  When Attorney Barrett was first appointed to the case, he met with the child--Ashley--who was too intimidated by him in their first meeting to really speak to him.  

The second time they met, there was a more positive interaction and at the end of the visit, Attorney Barrett gave Ashley his business card and said that he would return her call if she ever reached out to him and called him even if all she wanted to talk about was Harry Potter.  

However, when the time came and Ashley called Attorney Barrett with a question, Attorney Barrett couldn't be bothered to call her back.  

Continuing to reach out to Attorney Barrett, Ashley then had her therapist Dr. Ginther call on her behalf asking that he call her back.  Still, Attorney Barrett didn't call her back.  Finally, Ashley wrote a note to Attorney Campbell Barrett asking him to call her and giving him specific times to call, but still he didn't bother to call her back.  

When Karyn Gil's attorney asked Campbell Barrett why he didn't call Ashley back his response was that he was too busy with other cases and didn't have time.  Does that truly make sense as an answer?  If you have so many cases that you are unable to meet the needs of your child clients, shouldn't you resign and let someone else on the over 1000 list of qualified GALs have a chance at employment?  

As a side point, not only did Attorney Campbell Barrett completely disregard his client, Ashley Gil's, requests, he also felt comfortable gossiping about her in the open where everyone could hear his remarks.  Specifically, during the break in one of the hearings in the case, he engaged in a gossip session out in the corridor with Attorney Emily Moskowitz and Attorney Jeff Mickelson (Karyn's prior attorney in the case) about Ashley's private business, apparently stating that he was going to "spin" the testimony of Ashley's therapist in the case so the outcome of the hearing would go his way.  (We know the conversation took place because the maternal grandparents, whom Attorney Campbell Barrett had not yet met, were sitting nearby and heard every word.)  

This is hardly the kind of behavior anyone would expect of a family court professional.  No wonder none of these cases get resolved properly!  

The same situation occurred with the Kathi Sorrentino case in regard to her son, Storm.  The Court stated that it wanted to hear Storm's voice and so it appointed Dr. Eric Frazer as the GAL.  Storm repeatedly told the Court, told Dr. Eric Frazer, told everyone both verbally and in writing that he wanted remain in the residential custody of his mother.  

Nonetheless, his expressed wishes were simply ignored, he was placed in the full custody of his father against his wishes and so eventually he went AWOL and disappeared for a month only returning when his mother was jailed.  When the Court asked Dr. Eric Frazer, the GAL, if he had met with Storm, "Have you talked to him at all?", Dr. Frazer's response was, "I haven't been having conversations with Storm..."  Well, why not?  Aren't you his Guardian Ad Litem?  Aren't you supposed to be speaking to the child so the Court can listen to his voice and hear his perspective?  What is it with GALs who think they can act with complete independence and disregard of their child clients?

The bottom line is that the GAL system was put into place as a result of a shift in understanding regarding children.  It reflected a recognition that the old adage that "Children are to be seen but not heard" fails to acknowledge their equitable right to some measure of self-determination in regard to their lives.  

Children need to have an attorney, it was theorized, in order to defend their best interests, and not only that, they need to have their voices heard despite the fact that they are still minors.  

Unfortunately, the way GALs are currently playing it, they are continuing to maintain this paternalistic attitude of "father knows best" and carrying on as though it is not important to at least consult with how the children involved feel about the crisis that is going on in their lives and what they would like the outcome to be.  

It is important to know that as long as we continue on with the GAL system as it is, children will continue to suffer in silence.

Saturday, April 4, 2015

CARRUBBA V. MOSKOWITZ: HOW THE SUPREME COURT DETERMINED AMC'S WERE ENTITLED TO ABSOLUTE JUDICIAL IMMUNITY, PART IV!

In the family court system the immunity from liability extended to court professionals who arises from the concept of judicial immunity.  In other words, the immunity that judges are entitled to is also granted to other professionals within the legal system who are considered integral to the legal process.  Judges cannot be sued for any of the judicial acts they take in their capacity as judges, although they can be sued in regard to their administrative acts.  This immunity given to judges obtain is supposed to free them up to make the kinds of principled and fearless decisions necessary in order to serve the interests of justice in the court system.


There are two kinds of immunity that can be extended to professionals who work within the legal system. There is qualified quasi-judicial immunity which still leaves you liable if you act maliciously or wantonly outside the law, and then there is absolute quasi-judicial immunity which means that you can't be held liable no matter how badly you behave.  

State Officials have qualified quasi-judicial immunity for actions performed during the course of their duties in their work.   Public defenders are also at the same level--they have qualified quasi-judicial immunity.  But there are other court employees who are considered entitled to absolute quasi-judicial immunity because their work is thought to be integral to the judicial process. These include judges' law clerks, prosecutors, witnesses, and court-appointed professionals such as psychologists and psychiatrists--the list begins to get quite long.  

For example, the Supreme Court decision in the Corrubba case goes further to mention other functionaries such as bankruptcy trustees, probation officers, court appointed receivers and court appointed medical examiners that are also entitled to absolute quasi-judicial immunity.


When the Supreme Court in Corrubba v. Moskowitz affirmed the right of AMCs to absolute quasi-judicial immunity, it did so by adopting a three pronged test for establishing immunity developed by the U.S. Supreme Court.  These three prongs are as follows:

1) Does the official in question perform functions sufficiently comparable to those officials who have traditionally been afforded absolute immunity at common law;

2.  Is the likelihood of harassment or intimidation by personal liability sufficiently great to interfere with the official's performance of his or her duties;

3.  Do procedural safeguards exist in the system that would adequately protect against improper conduct by the official. 

In regard to prong #1--functionality--to understand how the issue of functionality could be interpreted in regard to a Guardian Ad Litem, an Attorney for the Minor Child, and a regular attorney, you would have to understand their respective positions. 

A Guardian Ad Litem's job is to pursue an investigation and return with recommendations which serve the children's best interests.  An AMC is required not only to advocate on behalf of the children's legal rights, he or she is also expected to work on behalf of the children's best interests, so she has a double  role.  A regular attorney simply advocates diligently for the legal rights of his client and develops strategies to obtain those rights. 

Attorney George Kramer for the Plaintiff, Paul Carrubba, argued that an Attorney For the Minor child's job isn't in the least bit different than that of a regular attorney who is diligently advocating for his client's legal position. 

In contrast, the Amicus Brief in support of the Defendant Emily Moskowitz, argued that an Attorney For the Minor Child has the unenviable task of determining when to advocate for the children's legal position, and when the children's insight and capacity for decision making is deficient to the point where the Attorney For the Minor Child is obligated to push for the children's best interests instead. 

Further, Attorney Robert Kor pointed out that an Attorney For the Minor child doesn't have the same freedom when advocating for their child clients.  Specifically, an AMC is not authorized to have a psychiatrist or psychologist evaluate a child or his or her parents for a custody evaluation without the authorization of the Court.  Furthermore, an Attorney For the Minor Child is not able to proceed with a deposition or an appeal without the permission of the Court. 

Of course, I am not sure that balancing out the warring imperatives of legal rights versus best interests of the child standard inherent in an AMC's job is any different than balancing out the warring imperatives a family court attorney has between winning at all costs versus taking into consideration the needs of the children in a dissolution of marriage action. 

And while an AMC may not be able to proceed with various evaluations or depositions, the likelihood is that the parents' attorneys will conduct both of those activities for the better part and thus provide sufficient information for an AMC to advocate his or her position.  So these are very minor differences.

Prong 2--harassment--the U.S. Supreme Court test raised the question of whether AMC's would be the subject of harassment from parents and thus be unable to do their jobs without judicial immunity.  Attorney Kor proposed that if AMCs didn't obtain immunity, such attorneys would be so afraid of reprisals they wouldn't be able to do their jobs.  He proposed that "to deny the protection of immunity would exert a chilling effect on all court-appointed attorneys for minor children." 

Of course, reading that statement, I dwell on the word "would", indicating the future.  Is Attorney Kor implying that the chilling effect would only happen in the future because it hasn't happened in the past?  I would have loved to have seen the actual statistics in the decade leading up to the Carrubba v. Moskowitz decision--was there a paucity of Attorneys For the Minor Child at that time because of ongoing chilling effects that resulted from disgruntled and angry parents?  Was the Children's Law Center dangling on the brink of extinction because of this chilling effect?  

Somehow I doubt that. 

It is so easy, particularly within the context of a lawsuit to make unfounded statements because they sound good.  I often wish that judges could have as great an understanding as family court victims do in regard to how cheap talk is, particularly without evidence. 

Finally, Prong 3 asks the question of whether there is any recourse when an AMC goes rogue and acts negligently or maliciously.  According to the Defendant there were options.  For example, Paul Carrubba could have gone to the judge and ask to have the AMC removed.  Of course, Mr. Carrubba did that, but was summarily turned down. 

Anyone who has gone through a difficult divorce knows that a Trial Judge will never disqualify a Guardian Ad Litem or An Attorney for the Minor Child no matter how disruptive, negligent and unethical their behavior is.  Somehow judges are able to redefine the horrendous actions of negligent GALs and AMCs and redefine them as insignificant. 

thus, if you look how the Supreme Court decision, you will see how it redefines Paul Carrubba's complaint against Attorney Emily Moskowitz for spouting profanity and lying as merely "express[ing] dissatisfaction with the manner in which the defendant carried out her court-appointed role." 

Wow, if that's all that is, well, ok. 

The same goes for Statewide Grievance.  A family court litigant will never get satisfaction by submitting a complaint to Statewide Grievance even when there are criminal actions involved. 

So what these Supreme Court Judges did in going through the three prong test, particularly when it comes to the final prong is provide a fully developed piece of verbal nonsense in order to open the door to even more exploitation and family court corruption by granting absolute judicial immunity to Attorneys For the Minor Child. 

That panel of judges--Borden, Norcott, Katz, Palmer and Vertefeuille--who wrote the decision, in my opinion, knew exactly what they were doing, the havoc they would wreak by granting absolute quasi-judicial immunity to AMCs, and they did it anyway.  This is why we so desperately need to make sure that Bill #5505 is passed in the legislature this year, to begin to repair the harm and damage that has been done to so many families as the result of these irresponsible and improper decisions.

Before I close this discussion, I do want to mention that Paul Carrubba also filed a negligence complaint on behalf of his son, Mathew Carrubba, acting as a "next friend".  I didn't go into this subject as extensively as the issue of AMC judicial immunity.  However, I do think it is worth mentioning that all the way down the line, from superior court, to appellate court, and finally on the supreme court level, Paul Carrubba was essentially denied the right to pursue an action on behalf of his child. 

Specifically, the Supreme Court determined that during a dissolution action, the child's interests are assumed to diverge automatically from that of the parents and so, therefore, Paul Carrubba lacked standing.  The Amicus Brief quoted Linda D. Elrod's article "Raising the Bar for Lawyers Who Represent Children" stating that "Only the child should have any right of any action against a 'Child's Attorney' or a "Best Interest Attorney'". 

So, how exactly is a child supposed to do this?  Is this just another one of those weird half-baked things that attorneys say in order to sideline common sense?

I cannot be sure. But one thing I do know, it is time to restore sanity to our Connecticut Family Court System.  It is time GALs and AMCs were held accountable, and it is time that the CT Judicial Branch stopped trashing parents who know far more than any paid professional who just met them what is in the best interests of their children.

Friday, April 3, 2015

CARRUBBA V. MOSKOWITZ: THE CONNECTICUT JUDICIAL BRANCH USURPS THE AUTHORITY OF THE LEGISLATURE: PART III!!

There are several reasons why the Supreme Court in Carrubba v. Moskowitz should not have ruled that Attorneys For the Minor Children have absolute quasi-judicial immunity in family court proceedings.  Most important are the views of Appellate Court Judge Francis Hennessey when he said that in doing so the Appellate Court was usurping the authority of the Connecticut State Legislature.


In his dissenting opinion in opposition to granting Attorneys For the Minor Child judicial immunity in family court cases Judge Francis Hennessy spoke as follows:  I respectfully dissent from the conclusion of the majority that those appointed pursuant to General Statutes Sec. 46b-54 as attorneys for minor children are entitled under the common law to qualified quasi-judicial immunity for actions taken during their representation in such matters.  I believe that it is the legislature and not the judiciary that should, if it chooses, exercise its authority to extend immunity to court-appointed attorneys for minors."


He further stated, "It is clear that neither the statutes of this state, nor the decisions of this court or our Supreme Court, extend the protections of immunity to court-appointed attorneys for minor children under Sec. 46b-54.  Consequently, I perceive the conclusion of the majority to be synonymous with legislating and "[m]ore importantly...[as] exceeding our constitutional limitations by infringing on the prerogative of the legislature to set public policy through its statutory enactments." State v. Reynolds, 264 Conn. 1, 79, 824 A.2d 611 (2003).


Again, he states at the conclusion of his statement, "The immunity proposed by the majority for attorneys appointed to represent minors pursuant to Sec. 45b-54 should be addressed to a lawmaking body."  And he concludes by quoting Colchester Savings Bank v. Brown, 75 Conn. 69, 71, 52 A.316 (1902), "It is not our office to legislate." 


These are the words of a Judge who was a long time advocate for improving the access of women and minorities to the services of the CT Judicial branch.  This was a Judge who acted as co-chair of the Connecticut Task Force on Gender Justice and the Courts, and Connecticut's Task Force on Minority Fairness, clearly a man of some principle.

Given Judge Hennessey's caution to his fellow justices, who would have though, then, that the Supreme Court would go well beyond what the Defendant asked for and grant her not just qualified judicial immunity, but absolute immunity. 
  


I admire Judge Hennessey.  He asked the kinds of questions we would all ask.



For instance, what is going on with our State legislature that it is allowing the CT Judicial Branch to bully its way into a position where it can exploit and bankrupt the citizens of CT at will, using lurid stories of disgruntled parents mistreating their vulnerable children as an excuse. 


When GALs and AMCs are using their wards college money to fund their lifestyles and foreclosing on the homes their wards live in to pay their legal fees, who is mistreating who?


In disregarding CT General Statute 51-14 which requires public hearings for all changes to The Connecticut Practice Book, in using the legal system to establish case law that is independent of the will of the State Legislature, the CT Judicial Branch is violating our State Constitution.

In regard to Carrubba v. Moskowitz it is worth noting that, according to Paul Carrubba's Attorney, George Kramer, in 2005 when this decision was made, the Connecticut Supreme Court was the only top state court in the country to extend absolute immunity to court-appointed attorneys.   This was how great departure the decision in Carrubba v. Moskowitz was when it came to standard practice.  If there was such a dire need for protection for Attorneys for the Minor Children because they were being chased around by disgruntled angry parents, how come no other state in the union felt the necessity to do anything about it? 

Could it be that this decision was put into place by AFCC members to preempt the outrage they knew their policies would generate?  As a point of note, the names on the Amicus Brief that argued on behalf of immunity for AMCs, i.e. The Children's Law Center, Campbell Barrett of Budlong and Barrett, and Steve Dembo of Berman, Bourns, Aaron & Dembo have been at the center of a vast number of the complaints submitted by victims of family court corruption.


I do find interesting the kind of cavalier attitude people take in regard to how the Connecticut Judicial System usurps the authority of the State Legislature.  For example, a research paper written by Kevin E. McCarthy about Guardians Ad Litem for the Connecticut State Legislature on February 6, 2013 states as follows,  "Conn. Gen. Statute Section 4-141 grants individuals appointed as GALs in neglect, abuse, termination of parental rights, delinquency, or family with service needs proceedings qualified immunity for their  actions.  Although there is no controlling case, it appears likely that courts would find GALs in family court cases have absolute immunity for actions undertaken at a judge's direction."


So what McCarthy is essentially saying is that despite the Legislature's mandate that GALs only have qualified immunity, the Court system will do whatever it pleases and grant such a GAL absolute immunity.  Since when does the Court system make its own rules without regard for the CT State legislature?

It is astounding how commonplace it has become for both the State Legislature and the CT Judiciary when it comes to the judiciary system intervening to itself write or else overstep the Connecticut Statutes that underpin our legal system.


Thursday, April 2, 2015

CARRUBBA V. MOSKOWITZ: FINDING OUT WHAT IS THE GREATER GOOD. PART II!

I will admit that I am not known for my niceness.  Of course, I am self employed and no one pays me to be nice; they read my articles because they want to get the facts on what is going on in our corrupt family courts. 

So I kind of have blog writer immunity because if you don't like what I write you can shake your fists and fume at me, but have fun trying to take me to court.  Ok, ok, ok, some of you have done just that -- thank you Attorney Scott Sandler -- but seriously, what are you going to do about my ideas.  Hmmmm, ok, ok, ok -- now that I think of it you can threaten me like Budlong and Barrett, LLC did, or report me to the police. 

But as they say sticks and stones can break my bones but ideas can only make me suck it up and grow a backbone.  And talking about backbone, why is it that people who work as GALs and AMCs think they shouldn't be held accountable to the people who bottom line pay their highly expensive salaries.  All the rest of us get held accountable for our behavior.  Only teachers have tenure, and even they are subjected to constant evaluations and required to participate in professional workshops to improve their techniques.

How easily GALs and AMCs and their supporters talk about how badly family court litigants behave.  For example, the Supreme Court decision in Carrubba v. Moskowitz states, "We agree with the Appellate court, however, that, in a custody dispute, "parents lack the necessary professional and emotional judgment to further the best interests of their children.  Neither parent could be relied on to communicate to the court the children's interests where those interests differ from his or her own."  Further, "A parent's judgment is or may be clouded with emotion and prejudice due to the estrangement of husband and wife."

Let me venture to say that most of us have some very high standards regarding what we expect of other folks behavior.  Thus, I got myself into a lot of trouble recently with the CT DOJ because I announced on this lovely blog that I considered both Attorney Deirdre Daly and Attorney John Hughes to be some of the most corrupt officials in Connecticut. 

Apparently, from recent correspondence sent to a friend of mine, I am in trouble for saying that, to the point where the CT DOJ plans on denying my friend access to their services as a consequence of my bad tempered remarks.  You see, as I learned, and probably everyone else knew already, if you insult people, you are unlikely to obtain either their respect or support. 

Granting that fact, in the case of Carrubba v. Moskowitz what surprises me upon reading the stack of documents in the case is the complete disinterest the Court has regarding what Attorney Emily Moskowitz was accused of doing.  On the contrary, as I mentioned in Part I of this series, Mr. Paul Carrubba's Attorney, George Kramer, experienced subtle threats from Judge Gruendel for even bringing them up. 

My question is, here you have two warring parents and the fate of two fragile and vulnerable children at stake--Mathew Carrubba, at least, was in counseling at the Institute of Living, was falling behind academically at school and required tutoring--how did it improve the situation that Attorney Emily Moskowitz during custody negotiations repeatedly called Paul Carrubba an "asshole" and a "bastard" and told him he was "killing his children."  

While everyone is so focused on the bad outcomes that result from disgruntled and angry parents in hotly contested custody battles, why isn't a single person discussing this case, including the judges involved, concerned about Attorney Moskowitz' unprofessional and outrageous language and behavior.  Not only did Attorney Mowkowitz use profanity, she also directly lied about information she had received in the case stating falsely that "the Institute of Living had asked her to terminate the Defendant's parental rights."  Apparently, "Mathew's therapists denied that they ever made such a request of Attorney Moskowitz." (see Item #8 of Plaintiff's Motion to Disqualify). 

Of course, maybe Paul Carrubba made that bit up that it wasn't true, but it is rather persuasive that he ended up with custody of Mathew no matter what she said.   Tell me, who is likely to have better judgment--the person who yells repeated profanities and tells lies, or the person who is actively in Court trying to work out his son's future.  I mean, for all   Mr. Carrubba's flaws, the final reports on Mathew Carrubba's progress from Florida are that he was on the honor roll at his high school and progressing well. 

You see, this is my question.  When the court says that parents lack the "necessary professional and emotional judgment" during a custody dispute, do they have any scientific proof when it comes to that statement or is the court simply going by its gut feelings or its experiences in one or two pivotal cases.  Where are the studies that can show us exactly that point in a custody case where we can no longer rely on the soundness of parents' decisions regarding their children?  Other than the court relying upon its right to make pronouncements and its cross referencing other judges who have made similar comments, is there any objective evidence anywhere that the Court's derogatory statements about parents in custody battles are true?  I'd say, no!

I was in a hotly contested custody case and I will say that if anyone looked at the case they will see that as a parent I was the one who showed far better judgment in regard to the children than the GAL or the judges.  In fact, the GAL didn't think that my children should receive the appropriate medical treatment for their disability at all, and the Judge stated that the children didn't have one, even though I had documentation from several doctors contradicting him. 

If GALs and Judges can behave in such bizarre ways, who are they to interfere in the rights of parents to determine what goes on with their children?

Why is it more damning to Paul Carrubba that he was involved in a hotly contested custody matter than it was that AMC Emily Moskowitz repeatedly used profane language and lied boldfacedly in regard to her charges?

How come it is more despicable that I called Attorney Deirdre Daly and Attorney John Hughes corrupt than is the fact that they actually are just as corrupt as I said they were? 

Why is there this double standard in regard to CT citizens and parents who are involved in CT Family Court versus family court officers such as attorneys, judges, clerks, AMCs and GALs?  Why do family court officers get the benefit of the doubt, but not parents? 

How come as far as the Court is concerned family court officers can do no wrong, and deserve full judicial immunity for the wrongdoing they have done, when we have so many clear cut examples that they are irresponsible, greedy, and unprincipled? 

Historically, the legal profession has been given considerable leeway because it has been understood that they are supposed to regulate themselves.  However, the reality of their actions in consistently absolving themselves are any responsibility for their crimes in relation to the victims of Connecticut Family Court makes it clear that the legislature must intervene and remove GAL immunity in the State of Connecticut and vote in support of Bill #5505.

AMC'S AND GAL'S JUST WANT TO BREAK FREE!

Wednesday, April 1, 2015

CARRUBBA V. MOSKOWITZ NOT WHAT YOU THINK IT IS. PART I!

Given that Carrubba v. Moskowitz is the seminal case which put into place judicial immunity for GALs, I decided to go to civil court a few days ago, take a look at the court file, and see what documents are in it. Unfortunately, it was somewhat of a disappointment when I arrived at the clerk's office to find out that the entire file has been destroyed!  Luckily, I did continue investigating and was able to locate the information I needed on the case elsewhere. Thus, you have this article!  

As I reviewed the material on this case, one point I noted, which I found unexpected, is the fact that the case was not about GALs, but rather about Attorneys For the Minor Child (AMCs). Apparently, a decision on the one also applied directly to the other, so it gets cited in GAL cases even though it originally had to do with an AMC.

Next, I would like to be able to say that this was a case about good and evil, i.e. a virtuous family court litigant facing down the dragon lady, Emily Moskowitz, but that is not what happened in this case.  In fact, it is more accurate to state that this is a case where the father was a rather  bad character and Attorney Moskowitz was probably doing her job to defend her clients when she went a bit overboard in doing so.  But don't let me persuade you to this conclusion.  I will tell you the facts and you can then make up your own minds.

The Carrubba divorce began in February 1994 and continued on into 2000 when Paul Carrubba turned his attention to suing Attorney Emily Moskowitz.  Attorney Moskowitz was appointed as Attorney for the Minor Children on June 26, 1996 by Judge Herbert Barall another one of my favorite characters. At the time, there were two children involved Mathew who was eight and Jessica who was nine.  As is often true of abusive fathers, Mr. Carrubba soon dropped his interest in getting custody of Jessica--I mean, after all, she was just a girl--and focused in on obtaining full custody of his son, Mathew.  In terms of timeframe, the divorce was finalized in 1997, and then Paul Carrubba began to agitate for custody of his son, Mathew, around 1998.

I was somewhat puzzled to see an Attorney for the Minor Children assigned to children who are so young--basically under the age of 12, which I had thought was the magic number when it comes to kids having some level of self-determination--I would have expected Judge Barall to assign them a Guardian Ad Litem rather than an Attorney for the Minor Children.  But perhaps this had something to do with the high level of conflict in the case which meant that  the judge felt that Attorney Moskowitz required a little more leeway than average, regardless of the law.

So what do Attorney's For the Minor Children (AMCs) do?

The Court appoints AMCs under Conn. Gen. Stat. Sec. 46b-54 which states "The court may appoint counsel for any minor child or children of either or both parties at any time after the return day of a complaint under section 46b-45, if the court deems it to be in the best interests of the child or  children.  The court may appoint counsel on its own motion, or at the request of either of the parties or of the legal guardian of any child who is of sufficient age and capable of making an intelligent request."  (emphasis added)

I can only assume, then, that Judge Barall thought that both Jessica and Mathew were capable of making an "intelligent request", but they still seem to me to be pretty young to have arrived at the high level of maturity requisite for them to meet the statutory requirements for the appointment of an AMC.  

Further, according to Schult v. Schult, 241 Conn. 767, 778 (1997) "The purpose of appointing counsel for a minor child in a dissolution action is to ensure independent representation of the child's interests..."  Also, for more recent commentary from the CT Judicial Branch, there is this, "The AMC’s role is different from that of a guardian ad litem (GAL). The AMC represents the child’s legal interests and supports the child’s best interests, while the GAL represents only the child’s best interests."  The AMC participates in legal proceedings just like a regular attorney, while the GAL is largely excluded from participation in legal proceedings and has a role that is largely investigative.  

In essence, what Judge Barall did was give the children representation by an attorney who could act on a level much more independent of the parents wishes than she could have done if she were a guardian ad litem.  It is possible that he felt there were good grounds for doing that, or perhaps he was simply careless--who knows.

Ultimately, to review, at dissolution in February 1997 residential custody went to the mother with both parents having joint custody.  Nonetheless, the fireworks continued to fly post judgment with the father proceeding to go after custody of his son, Mathew, with the intention of taking him to Florida to live there permanently.  It was within the context of these custody proceedings that on November 2, 1998 Mr. Paul Carruba filed a motion to disqualify Attorney Emily Moskowitz as Attorney for the Minor Child.  

His accusations if true are rather shocking.  

According to Mr. Carrubba, "On July 8, 1998 while the Defendant's and Plaintiff's counsel were negotiating terms and conditions for returning Mathrew to live with his father, Attorney Moskowitz unleashed a barrage of insults at the Defendant, Paul Carrubba, including repeatedly calling him an "Asshole."  In addition, Paul Carrubba stated, "On August 19, 1998 while the Defendant's and Plaintiff's counsel were having discussions concerning a variety of issues Attorney Moskowitz again referred to the Defendant as an "Asshole" and a "Bastard," and [stated that] he was "killing these kids."  

Did this actually happen?  

I believe that these accusations are credible.  For one thing, at no time during the litigation over the question of whether Attorney Emily Moskowitz had immunity did Attorney Moskowitz ever deny these accusations or attempt to refute them.  In addition, Paul Carrubba's attorney who wrote up the complaint states that he was present at the time Attorney Moskowitz used this bad language and if it weren't true, I'd be surprised he would write up false accusations in a legal document.  Given the assumption that these accusations are true, this is unconscionable behavior on the part of an attorney, and most particularly on the part of an attorney for the minor child.  

The charges were sufficiently disturbing that it is clear that at least once Judge, Herbert Gruendel, would rather have not heard it.  As he stated in a rather threatening way to Attorney Dan Kramer, Mr. Paul Carrubba's attorney, "I caution Mr. Kramer that since motions are to be decided on the basis of evidence rather than on the basis of assertions and the pleading, that future pleadings in that regard do not need to be as complete or as graphic as the one that you filed in this case."  

On the other hand, given the way Attorney Moskowitz describes Mr. Paul Carrubba's actions, perhaps he tested her patience rather dreadfully.  Her objection to Mr. Carrubba's motion to disqualify is full of accusations which you can take or leave.  As we all know, attorneys in defense of their reputations and money sources can be remarkably eloquent and imaginative in their own defense.  Personally, I'd rather not go into detail trying to figure out the veracity of the twists and turns of her argument. 

However, what I consider most persuasive in terms of indicating that Mr. Carrubba had a dark side is the fact that he eventually took his son, Mathew by then 12 years old, all the way from Connecticut to Florida permanently separating the child from both his mother and sister.  What I found particularly saddening were the several motions the mother submitted to the Court in 2000 and 2001 stating, "Defendant (father) refuses to allow Plaintiff mother reasonable telephone access to her son, or visitation access to him."  

That's just nasty.  So, Paul Carrubba was no saint, clearly.  



In terms of the progress of Paul Carrubba's complaint, first Mr. Carrubba filed this motion to disqualify which was rejected by the family court and didn't get him anywhere.  Then he filed the same complaint in civil court on October 2, 2000 before Judge Robert J. Hale where it was finally dismissed in a memorandum of decision issued on February 21, 2002.  It then went on to Appellate Court and ultimately to the CT Supreme Court which, in July 2005, upheld the original civil court decision which was that GALs and AMCs have qualified quasi-judicial immunity, and expanded the level of immunity to that of absolute quasi-judicial immunity "for actions taken during or, activities necessary to, the performance of functions that are integral to the judicial process."  This is the decision which the current Bill #5505 seeks to overturn. 

I am not sure how necessary or integral to the judicial process it is to repeatedly call a father an "asshole", but I will leave that up to you to decide!

Monday, March 9, 2015

IMPORTANT BILL ON SUPERVISED VISITATION, GALS , AND COURT ORDERED MENTAL HEALTH TREATMENT UP FOR CONSIDERATION THIS WEEK BEFORE THE JUDICIARY COMMITTEE!

There will be a public hearing before the Judiciary Committee on Wednesday, March 11, 2015 at 10:30 a.m., at the LOB in room 2E, in regard to Committee Bill No. 5505:  An Act Concerning Family Court Proceedings.  Please make time to present your testimony in support of this bill.  The language of this bill includes important safeguards against:

1.  GAL Abuse
2.  The frivolous imposition of unnecessary supervised visitation
3.  Forced mental health treatment for yourself and your child
 
The wording of the bill is as follows:

 
AN ACT CONCERNING FAMILY COURT PROCEEDINGS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2015) Notwithstanding any provision of chapter 815, 815a, 815e, 815j, 815p, 815t or 815y of the general statutes, a court shall not order that a parent have supervised visitation with his or her child, unless such court finds, based upon the evidence presented to the court, that such parent: (1) Has engaged in an act of neglect or abuse that has been substantiated by the Department of Children and Families; (2) has no established relationship with the child with whom visitation is sought; (3) has engaged in criminal conduct that presents a potential risk to the health, safety or well-being of a child; or (4) suffers from a severe mental disability that presents a potential risk to the health, safety or well-being of a child.

Sec. 2. (NEW) (Effective October 1, 2015) A person aggrieved by the action of counsel or a guardian ad litem for a minor child or children, appointed under section 46b-54 of the general statutes, as amended by this act, may bring a civil action seeking appropriate relief, including equitable relief, damages, or both, in the superior court for the judicial district in which such counsel or guardian ad litem for a minor child was appointed. If such civil action results in a judgment for the plaintiff, the court shall award the plaintiff all costs of the action, including such attorney's fees as the court may allow to the plaintiff. The court shall not enter any order under this section that would require a plaintiff to pay the costs, expenses or attorney's fees of counsel or a guardian ad litem for a minor child named as a defendant in such civil action. It shall not be a defense to such civil action that the defendant is entitled to absolute, quasi-judicial immunity.

Sec. 3. (NEW) (Effective October 1, 2015) (a) In a family relations matter, as defined in section 46b-1 of the general statutes, if a court orders that a parent undergo treatment or an evaluation from a licensed health care provider, as defined in section 52-184e of the general statutes, the court shall allow the parent to select the licensed health care provider who is to provide such treatment or evaluation.
(b) In a family relations matter, as defined in section 46b-1 of the general statutes, if a court orders that a child undergo treatment or an evaluation from a licensed health care provider, as defined in section 52-184e of the general statutes, the court shall permit the parent or legal guardian of such child to select the licensed health care provider who is to provide such treatment or evaluation. If two parents do not agree on the selection of a licensed health care provider to provide such treatment or evaluation to a child, the court shall continue the matter for two weeks to allow the parents an opportunity to jointly select the licensed health care provider. If after the two-week period, the parents have not reached an agreement on the selection of a licensed health care provider, the court shall select such provider after giving due consideration to the health insurance coverage and financial resources available to such parents. In the case of two parents who cannot agree on the selection of a licensed health care provider to provide such treatment or evaluation to the child, if a parent incurs expenses as a result of permitting the child to be treated or evaluated by such provider, without the express written consent of the other parent, the parent who permitted such treatment or evaluation to occur shall be solely responsible for the costs incurred for such treatment or evaluation.
(c) In a family relations matter, as defined in section 46b-1 of the general statutes, if a court orders that a parent or child undergo an evaluation from a licensed health care provider, as defined in section 52-184e of the general statutes, the results of such evaluation shall be submitted to the court by such provider not later than thirty days after the date of completion of the evaluation.

Sec. 4. Subsection (e) of section 46b-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(e) [Counsel] Except as provided in this subsection, counsel or a guardian ad litem for the minor child or children shall be heard on all matters pertaining to the interests of any child, including the custody, care, support, education and visitation of the child, so long as the court deems such representation to be in the best interests of the child. To the extent practicable, when hearing from such counsel or guardian ad litem, the court shall permit such counsel or guardian ad litem to participate at the beginning of the matter, at the conclusion of the matter or at such other time the court deems appropriate so as to minimize legal fees incurred by the parties due to the participation of such counsel or guardian ad litem in the matter. Such counsel or guardian ad litem [may] shall not be heard on a matter pertaining to a medical diagnosis or conclusion concerning a minor child made by a health care professional treating such child. [when (1) such counsel or guardian ad litem is in possession of a medical record or report of the treating health care professional that indicates or supports such medical diagnosis or conclusion; or (2) one or more parties have refused to cooperate in paying for or obtaining a medical record or report that contains the treating health care professional's medical diagnosis or conclusion. If] Instead, if the court deems it to be in the best interests of the minor child, such health care professional shall be heard on matters pertaining to the interests of any such child, including the custody, care, support, education and visitation of such child. 

Saturday, March 7, 2015

ANATOMY OF A CUSTODY SWITCHING SCHEME: THE KATHI SORRENTINO STORY, PART IV!

Question: Mr. Sorrentino, you and your ex-wife share joint legal custody, correct?

Answer:  Yes.

Question:  And you've also alleged she's violated the spirit of joint legal custody?

Answer:  Yes.

Question:  In other words, she doesn't confer with you about decisions surrounding your son?

Answer:  Yes.

You will note that, Attorney Kevin Finch, father's attorney doesn't ask about Kathi Sorrentino's adherence to the letter of the agreement.  The question might have been much harder for Mr. Sorrentino to answer without lying had the letter of the agreement been in question. 

But how are you supposed to defend yourself about questions in regard to the spirit of the agreement.  What is that, truly?  Either you do or do not confer--yes or no.  Kathi Sorrentino has stated that she did confer and she has the evidence to prove it, while Sam Sorrentino does not.

We have already seen how Mr. Sorrentino misrepresented what was going on in regard to Storm applying to private high school--Notre Dame.  The email record confirms that Mr. Sorrentino was perfectly well informed regarding what was going on with the plans for private school. Where else did he have complaints?

He complained that he was not getting information about school events in a timely fashion, "I would find out after the fact about activities, parenting--parent conferences, things of this nature."  Again, this is simply not true because the evidence Kathi Sorrentino provided indicates that she provided him with full information.  But lets put that all aside.  You see, this is the thing.  You have joint custody meaning that both of you bear equal responsibility for being on top of school matters.  Ms. Sorrentino is not your Mommy.  So if you, Mr. Sorrentino, want to know what is going on in school, you need to speak to the Principal or the secretary in the main office like every other non-custodial parent in the United States so that you receive all of the school notifications.

You yourself were fully aware of this, Mr. Sorrentino, because in your testimony you stated, "I had indicated this to Ms. Sorrentino that I need to be aware of these things.  She--her response was that I need to work it out with the school."  Exactly, you need to work it out with the school!  It is not as if the school system has never ever dealt with a non-custodial parent before!  My ex has signed up with each school my kids have been in and they send him an exact duplicate of every flyer, notification, and school bulletin that they send to me.  They even call him and tell him of every snow day and school delay, even when he is out of state and can't do anything about it.

But this is the spirit of the thing, since we aren't talking about the letter.  If Mr. Sorrentino wants to know what is going on in school with his son, he is well within his rights to obtain the emails of every last one of his child's teachers, the guidance counselor and the principal and he can request regular weekly updates from each one of them.  Furthermore, he has the option to volunteer at the school.  He could actually volunteer to be a member of the local parent teacher organization.  Nothing stops him!  Unless, the point is not to co-parent, but instead to sit on your duff and complain, point fingers at your ex wife, and spend your time legally stalking her through the court system!

This is where we return our attention to Dr. Eric Fraser, graduate of Miami Institute of Psychology, and PAS Tzar. Here we have a GAL who is determined to prove that Kathi Sorrentino was alienating the children from the father. 

But you see, again, here's the thing, I have in front of me a notarized letter written by Ms. Willie Brevard, a mental health professional, stating, "I do not find Kathi to be an alienator."  And also Brevard states, Kathi always encouraged the relationship between Storm and his father and continues to do so.  Storm loves his dad and has always spoken highly of him.  Kathi has always put the well being of her children first." 

This doesn't sound like a person with parental alienation syndrome to me! 

Then there is the problem of the abuse.  At one point, Mr. Sorrentino allegedly threatened to commit suicide in front of his ex-wife and children.  Sounds like, by doing that, he did a good job of alienating himself!

Predictably, at a later hearing Mr. Sorrentino claimed that he had never threatened to kill himself in front of Kathi or his children.  When Kathi Sorrentino pointed out that his testimony was contradicted by a letter of apology he himself wrote to Kathi stating that he was sorry that he had made those threats to kill himself, he denied that he wrote the letter and declared that it was a forgery.  The bad news for Mr. Sorrentino, however, is that a handwriting expert confirmed that he did, in fact, write it. 

In addition to threatening suicide, Mr. Sorrentino was reportedly sexually inappropriate with the older daughter (aged 15 when it happened) to the point that at the time of the divorce she was allowed to visit or not visit her father on her own terms. 

Again, this is the point, even among PAS advocates, it is well recognized that the presence of abuse rules out the diagnosis of parental alienation syndrome. 

Why didn't Dr. Eric Fraser bring up some of these issues in his report to explain where Ms. Sorrentino was coming from?  Clearly, because he didn't want any inconvenient facts to get in the way of his pet PAS theories in connection to this good mother.  Then when Ms. Sorrentino attempted to bring these issues up in court, Judge Corinne Klatt refused to allow the information onto the record even though she didn't have any solid, legal basis for that denial. 

If the court is going to censor all the information that comes before it and edit anything out of the record it doesn't want to hear, then naturally you get the kind of inappropriate ruling that this Court ended up with. 

I also want to point out that not only was there the presence of interpersonal abuse, there was also economic abuse at play in the Sorrentino case.  Again, this would rule out the diagnosis of parental alienation disorder in this case.

Originally, at the time of dissolution, Sam Sorrentino was required to pay $1000.00 per week in child support and alimony with the express intent that Kathi Sorrentino would use that money to pay off the mortgage on her home which was in his name.  However, not long after the divorce, Mr. Sorrentino had his child support and alimony reduced to $204 per week so Kathi was unable to pay that mortgage. 

Then, around 2009 even though the bank was not taking the home to foreclosure yet, Mr. Sorrentino filed a motion for contempt against Kathi for failure to pay the mortgage. While the bank was willing to work out a plan, Judge Gould, who was considering the motion said the process would take too long, ignored the bank and ordered Ms. Sorrentino to pay the back mortgage or else sign an agreement that required her to assume more of her ex-husband's debts. 

When she refused to do so, Judge Gould put her in a maximum security prison in Niantic, CT for a week. 

So this is a case where Mr. Sorrentino has freely taken advantage of his superior legal position in Family Court to bully, harass, and legally abuse his ex wife.  And then he goes around complaining, poor me, my kids don't like me and it's her fault.  I don't know that there are many children who are going to like the kind of father who would put their mother in jail, particularly when they have a mother who is as devoted to their welfare as Kathi Sorrentino is to hers.

Then, to add insult to injury, Kathi Sorrentino tried to defend herself from the Court's threats to put her in jail and impose unwarranted debts on her by going on the Lisa Wexler Radio Show to explain the situation.  Like many victims of family court she hoped that the pressure from local media would force the Court to act properly.  While she was being interviewed, the children were kept in a sound proof room where they were unable to hear the show.  Nonetheless, Dr. Eric Frazer used that situation also as the basis for his claim of Parental Alienation Syndrome stating wrongly that the children were in the room with Kathi when she was being interviewed.  Well, no, the record shows that they were not in the room and, in fact, Dr. Frazer was simply speaking carelessly if not outright lying.

But the bottom line is, this incident took place in 2010 and the hearing on custody took place in February and March of 2014.  That was a whole four years prior and was hardly relevant to the case at present.  In fact, I question the legality of even bringing it up.  In my view, the only reason  the Court allowed information on the Wexler show into evidence along with the inaccurate speculations regarding what happened at the show was to punish Kathi Sorrentino for having the nerve to try to defend herself or speak out publically about her plight. 

This is how the Connecticut Judicial Branch has succeeded in shutting off the flow of information to the public regarding the many Protective Mothers who have unjustly lost custody of their children, by silencing these mothers with threats of jail, loss of their children and other equally vicious punishments.   

Tuesday, December 23, 2014

KARYN GIL v. JOHN A. GIL, A.C. 28760 AND A.C. 25912, PART II: PAS THEORY GONE WILD!

So we have this case where the father, John A. Gil, is repeatedly taking his ex-wife Karyn back to court for trumped up charges of PAS (parental alienation syndrome), stating that she is interfering with his visitation. 
 
In fact, there was no evidence of any kind of interference. but as we all know, there is no need for the Court to have facts in order to draw  absurd conclusions. 
 
Furthermore, it was clear from the beginning that Mr. Gil had mental health issues and he was ordered to go to therapy to deal with them.  However, he refused to cooperate and follow those orders.  What is troubling is that instead of holding him in contempt for violating those orders, the Court saw fit to let the father continue to flout them.  In addition, at the time, the Gil's daughter whom I have called Jane, was also court ordered to have therapy, but John Gil refused to allow her to have any therapy at all--another violation of a court order.
 
Then, as I have stated, father kept this case going for a full fourteen years dragging his ex-wife and their daughter through the Courts trying to make them miserable.  
 
I'd also like to update you as to the situation in the present.  In a recent meeting with Karyn Gil and her daughter, they showed me a legal document that Mr. Gil sent to his daughter last week through an attorney making extensive demands of his daughter.  I'm like, this guy never stops.  And he did this just before Christmas to make his actions even more devastating than they have to be. 
 
This is the story of a man who has an unlimited capacity to abuse and the story of a family court system that appears to have an infinite willingness to allow him to do so.  We can see this in the many hundreds of cases where protective mothers endure legal abuse in the hands of Family Court here in Connecticut. 

For a major example of this capability, consider that during the trial in this case, the Judge had the bright idea to ask Mr. Gil why he continually brought his ex wife to Court.  His answer?  Mr. Gil stated that the reason he kept returning to Court was that he wanted to bankrupt his ex-wife, Karyn Gil. 
 
He also stated that he was doing it so that when his daughter turned 18, he intended to show her the transcripts of the Court proceedings so that she could see what a piece of trash her mother was. 
 
What is ironic here is that this was billed as a case of mother committing PAS.  In fact, the words coming out of this father's mouth are a straightforward indication of his clear cut intention to alienate the mother from the child by destroying the mother's reputation with the child.  In fact, father was the parent alienating the child, not the other way around.
 
You'd think that the Judge hearing this testimony would have immediately shut this case down and ruled in favor of the mother who was being legally abused in this case.  But no, there wouldn't be any such luck.  In Jane's own words, "The fact that in the State of Connecticut someone can get away with an answer like that is beyond comprehension."

Clearly, this was a case in which there was a dire need for an advocate for the child to act in her best interests and protect her from the harm and damage caused by father's legal abuse.  Despite the many failures of the Court in this case, it did take make an effort by appointing Attorney Campbell Barrett of Budlong and Barrett as Guardian Ad Litem in the case. 
 
Unfortunately, Budlong and Barrett is a notorious law firm that has  long been mixed up with numerous cases that have ended up as high conflict cases and is known for its vicious and bullying behavior.  As a case in point, this law firm sent me a threatening letter when I was working the Colleen Kerwick case stating it would sue me for my press coverage of the case.  Following up on that threat, Attorney Kukucka, a member of this law firm, took it upon himself to go the West Hartford police and filed a report in an attempt to get me arrested simply for writing blogs about family court on my website.  These are the extremes this attorney firm is willing to go to in order to silence anyone who exposes its wrongdoing to the public.

At first, Attorney Campbell Barrett appeared to be ready to do his job.  According to Jane, he met with her and told her that if there was ever a time she wanted to call him, she could do so, even if she just wanted to talk about Harry Potter.  According to Jane, he never asked her anything about her situation or her relationship with her mother and father.  Jane does remember telling him she was afraid of her father and didn't want to have any visits with him.

Despite this auspicious beginning, Attorney Campbell Barrett ended up simply ignoring Jane's needs.  In fact, at the most, he only ever met with her two times.  Also, when Jane eventually did come to a point where she wanted to speak to Attorney Barrett  she called and left messages asking him to return her phone calls, but he never did. 
 
Finally, Jane wrote Attorney Barrett a letter asking him to call as well, but he still failed to contact her in return. 
 
When the case returned to Court, Attorney Barrett accused the mother of making Jane write the letter and he also stated that while Jane had attempted to contact him numerous times "he had no intention of calling [Jane] back."  During cross examination, it became clear that Attorney Campbell Barrett pretty much knew nothing about his child client, not even simple kinds of information such as her age. 
 
Meanwhile, outside of court, the father, John Gil, was continuing to hit Jane and she was forced to comply with substantially increased visitation with him.   
 
Faced with this impossible situation, Jane spoke to her therapist who encouraged her to speak to the GAL and made sure she was able to connect with him.  When she did, Attorney Barrett told Jane that she had to continue visiting her father "or else her mother would get in trouble."  That is when Jane became suicidal. 
 
The therapist was then in a difficult position.  Even though she was a mandated reporter, the therapist was Court ordered to defer the decision as to whether to contact DCF to the GAL.  Since Attorney Campbell Barrett refused to contact DCF himself or allow the therapist to contact DCF, the therapist couldn't do anything to protect her child client. 

As a consequence, after considering her options, the therapist decided to write a letter to the judge explaining that there was an urgent concern and that these visits to the father needed to be stopped.  Thankfully, the judge finally listened to Jane and the visits were terminated.  This same judge later asked the therapist, "Do you believe there was parental alienation in this case?"  And the therapist answered, "Absolutely not."
 
Essentially, Attorney Campbell Barrett refused to advocate for his child client, obstructed any attempt to protect his child client from further abuse, and did whatever he could to promote the father's interests at the expense of the child.  Again, here is another case where quack theories of PAS have caused a mother and child major harm and damage.  When will this scourge end?


RELATED ARTICLES:


Gil v. Gil, Part IV:
http://divorceinconnecticut.blogspot.com/2014/12/karyn-gil-v-john-gil-ac-28760-and-ac_28.html


Gil v. Gil, Part III:
http://divorceinconnecticut.blogspot.com/2014/12/karyn-gil-v-john-gil-ac-28760-and-ac_26.html


Gil v. Gil, Part I:
http://divorceinconnecticut.blogspot.com/2014/12/karyn-gil-v-john-gil-ac-ac-28760-and-ac.html