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Showing posts with label PAS. Show all posts
Showing posts with label PAS. Show all posts

Monday, October 24, 2016

A MOTHER'S TEARS MATTER: HOW FAMILY COURT BULLIED PROTECTIVE MOTHER, PAIGE STVAN, AND CUT HER OFF FROM THE DAUGHTER SHE LOVES, PART II!

What we have here is a tragic situation where a mother has been separated from the child she raised for 12 years based upon unsubstantiated and untrue representations of mental illness.  Meanwhile, questions regarding her ex-husband's bipolar disorder remain unaddressed.  

Subsequently, Judge Adelman acknowledged that the representations regarding Ms. Paige Stvan's mental health weren't sufficient to justify keeping Paige away from her daughter.  At that juncture, he then claimed that there were other serious allegations that her child had raised which now justified separating Paige Stvan from her daughter. What were those serious allegations?  To be honest, I couldn't see anything in the many documents I reviewed that would explain it.

The allegation the child made that the judge cited in his memorandum as a basis to stop all visits was that Mom was making visits with her uncomfortable.  As Ms. Paige Stvan explained it, she was allowed visits with her daughter once a week for an hour standing in the corridor of a local mall.  To start with, that's a pretty difficult way to conduct a visit.  Next, Ms. Stvan stated that during these visits the father would remain in the sidelines monitoring the entire visit and at the least sign of trouble advise his daughter to simply leave.  As a result, under the pressure of essentially being put between two parents, the child would terminate the visit within ten minutes.  To Paige Stvan, this was simply a situation where the father was using the visits to drive a wedge between herself and her daughter.

Attorney Rosa Rebimbas, the GAL in the case, reported the situation somewhat differently.  She alleged that Paige Stvan insisted upon talking to her daughter about the case during the visit.  But what does that mean "talking about the case?"  Does that mean Paige tried to explain to her daughter what was going on and why she couldn't come home to her Mom?  Was it something else? Attorney Rebimbas didn't specify; she just used trigger words with the judge which she knew would elicit a negative reaction.  Keep in mind, we are getting this testimony from the ex-husband and a biased GAL who appear to be willing to do anything they can to justify a complete no contact order. I also think it makes no sense to have visitation with a child standing up in a crowded corridor in a mall.  What's that all about?

Repeatedly, the opposing attorney in this case, Attorney Nancy Aldrich insisted that Paige Stvan's daughter didn't want to see her Mom, so therefore she shouldn't have to. Attorney Rosa Rebimbas emphasized that the daughter didn't want to see her mother and indicated her belief that the daughter had the right to refuse to see her mother.  Judge Gerald Adelman reported in his Memorandum of January 8, 2016 that "the child was extremely resistant to any contact with her mother" and implied that this justified denying Ms.  Stvan access to her daughter.  However, this is not how state law works. According to Connecticut law, at any age, a child's preference is never the only criterion for making a custody decision in a custody proceeding.  What counts is what is in the best interests of the child.

Further, I am wondering how a 12 year old child who had never before reported being unhappy with her mother, all of a sudden, within two months of being totally cut off from all access to her mother, becomes extremely resistant to seeing her mother.  Keep in mind, these words never came out of the child's mouth directly, and were simply what biased individuals with ulterior motives chose to report. I am also wondering why a 12 year old child has the authority, not only to choose the time and place of the visits, but whether they take place at all.  I don't know of any other case where a pre-teen was given such extraordinary power.  

Perhaps the answer to this lies in observations that Dr. Linda Gunsberg reported on at the time these events were taking place.  In a letter to the court dated January 26, 2016,  Dr. Linda Gunsberg described hearing a conversation that Page Stvan had with her daughter over the phone.  She described this conversation, which took place on November 2, 2015, in the following terms: 

"The most incredible phone conversation occurred when Ms. [Stvan] called [her child] during the court ordered parent telephone access to speak with her.  I asked Ms. [Stvan] to put [the child] on speaker phone so that I could listen.  [The child] was very warm towards her mother, was eager to share with her mother information about projects she was working on for school, and actually wanted to remain on the telephone longer than Ms. [Stvan] could...It was a normal parent-child conversation."

However, Dr. Gunsberg reported that "By December 31, 2015, [the child] was telling her mother either in a telephone message or text that she never wanted to speak to her mother again."  Dr. Gunsberg attributed this dramatic change in the child's attitude towards her mother to father's campaign of parental alienation.  Keep in mind that by December 31, 2015, the child had been separated from her mother and her hometown and friends for three months.  

Again, it is remarkable that Judge Gerald Adelman supported this 12 year old child in making the decision not to see her mother again. A 12 year old child doesn't have sufficient cognitive ability to make such important life decisions.  In fact, you would hardly believe that this Judge Adelman is the very same Judge who, in the Sorentino case, put a mother in jail to force a 15 year old boy to live with the father he adamantly didn't want to live with.  Yet, in the Stvan case, when a 12 year old girl refused to see her mother, that very same Judge Adelman appointed two attorneys to defend her right to exclude her mother from her life?  

How is that OK?  

How come  Judge Gerald Adelman found a 12 year old's decision more credible than that of a 15 year old? 

Do any of you recall how, when Kathi Sorrentino cried at the thought of having to go to jail, Judge Gerald Adelman derided her and made fun of her, calling her tears "crocodile tears"? Why do judges in the State of Connecticut, such as Judge Adelman, only use PAS to deny mothers their parenting rights while excusing fathers who are equally culpable?  Protective mothers in the State of Connecticut would really like to know!  We need a new campaign in this State with the slogan:  A mother's tears matter!

WITH A NOD AND A WINK: HOW CT FAMILY COURT BULLIED PROTECTIVE MOTHER, PAIGE STVAN, AND CUT HER OFF FROM THE DAUGHTER SHE LOVES, PART I!

On September 25, 2015, Paige Stvan was hospitalized for a few days to address negative side effects she had to a new medication she had been taking. Meanwhile, since she was dealing with these medical problems, in a very responsible way, Ms. Stvan asked her ex husband, Thomas Stvan, to care for their 12 year old daughter temporarily. He agreed to do so. However, instead of just taking care of the child as agreed, Thomas Stvan used the incident as a excuse to file an emergency ex parte motion in court granting him full custody.  That motion was granted.  As a result, since that time, except for a few brief encounters at a local mall, Paige Stvan has not been allowed to see her daughter.  

Why?  

Paige Stvan had been taking care of her child for 12 years, and the child was happy and healthy, well fed and with a roof over her head, as well as successful in school. Nonetheless, family court, in a series of dirty tricks and maneuvers, effectively assisted her ex husband in excising the child from her mother's life with the collusion of a CT State representative, Rep. Rosa Rebimbas.  

Now remember, this is the same judicial system which gave career criminal Joshua Komisarjevsky full custody of his 5 year old daughter just weeks before Mr. Komisarjevky participated in the triple slaying of the Petit family.  In Paige Stvan's case, this was a woman who had done nothing other than be an excellent mother to her daughter for twelve years. Still, the Court saw fit to cut her off entirely from the child she had been bringing up so successfully.  

We all want the reason for that, don't we?  Just so you know, you would have no basis for knowing the reason had Ms. Paige Stvan not requested one because, unlike in every other custody case I've ever seen, originally the Court didn't bother to provide a memorandum of decision stating the legal basis for its decision.  

But here we go, I have before me a January 8, 2016 Memorandum provided by Judge Gerald Adelman explaining his decision.  This is what he says.  

The ex parte was granted (see p. 3 of the memorandum) because "it was represented to the court that the defendant had a history of mental health issues which had previously required the plaintiff to temporarily assume primary or sole custody of the minor child, due to the  defendant's inability to care for said child."  Yes, but these, to my knowledge are and were simply representations without evidence.  To this day, I not seen any documents that can back up these claims.  

Not only that, in these documents there was no mention of the fact that the Plaintiff, Tom Stvan, was represented to have a bipolar disorder.  Why?  Because the ex parte hearing only heard one side of the story at that time. That is why the law requires another hearing 14 days later--so that before anything is finalized, you have a fair hearing where both sides have the opportunity to present their arguments.  Mysteriously, in Paige Stvan's case, although such a hearing is required by law, it never occurred.  This is just the first of the kinds of procedural flaws that have plagued this case from the beginning.  

It is also important to note regarding the term "it was represented" that anyone can "represent" anything to anyone in this world. Eventually, in a court of law, you have to come up with proof.  At no time that I have observed during the many hearings that were held in this case was there any kind of legitimate evidentiary hearing in which allegations of this nature regarding Paige Stvan could be either confirmed or denied.  Futhermore, from all the information I have in front of me, there is no evidence at all that Ms. Stvan had any such history.

How can any judge possibly justify removing a child completely from a mother's life based upon "representations."?  

Meanwhile, I have in front of me a letter that Dr. Linda Gunsberg, Paige Stvan's psychotherapist, wrote to the court.  In this letter, Dr. Gunsberg stated that Ms. Stvan has "Post Traumatic Stress Disorder as a result of domestic violence within the marriage, after the marriage, and as a result of constant, continuous litigation brought against her by Mr. Thomas Stvan, her ex-husband."  

Dr. Gunsberg also stressed that Paige Stvan is a competent primary caretaker and mother to her child and that the child flourished under her care.  She also stated that the father's behavior of cutting Ms. Stvan off from all access to her daughter constituted parental alienation.  Of course, everyone knows I'm not a fan of PAS theory, but I just point it out for what it's worth. Again, as I've said before, when a mother points out PAS or PA whatever you want it call it, judges couldn't care less.  PAS only matters if a man complains about it.

I also have a letter from a social worker who also provided treatment for Paige Stvan in which she stated, "I can confidently state that...it is apparent that Ms. [Stvan] does not present with psychological deficits that would compromise her ability to care for her child. Furthermore, Ms. [Stvan] has been highly motivated to take advantage of the services that have helped her to gain an understanding of her current circumstances, while seeking a path towards betterment as an individual, as well as a mother."  In addition, on Paige Stvan's behalf, LMFT Linda J. Gottlieb took the time to provide an extensive explanation to the Court regarding the phenomenon of parental alienation and how to identify it.  I think it says a lot for Paige Stvan that three well qualified mental health professionals took the time to speak up on her behalf.

I would also like to point out that Paige Stvan has always been honest and straightforward to her ex husband about any medical issues she has and has always taken responsible steps to address them.  The result has been successful, and it appears as though she is being punished for that very success.

I understand that two sides in a legal case can end up interpreting data differently which is why you end up in Court anyway.  That is the reason why a case like this would end up in family relations for a custody evaluation to determine whether testimony one way or another is credible.  What is striking about this case is that despite the dire consequence where a Mother has been entirely cut off from any communication with the daughter she raised for 12 years, there was no family relations report, no custody evaluation whatsoever, indeed, no investigation whatsoever.

How is that possible?  I have no idea.  

Next, if you have serious allegations regarding a parent's mental health status--i.e. as in this case, that father has bipolar and mother has depression--the most logical and just outcome would be a psychological evaluation conducted by a court approved psychologist qualified to do the job.  Remarkably, there was absolutely no psychological evaluation, no psychological assessment by a legitimate professional in any way whatsoever.  

I just do not understand that.  

When issues were raised in my case regarding my mental health, I ended up having two psychiatric evaluations and one psychological evaluation.  What happened to me was pretty excessive and is testimony to the extremely damaging impact accusations regarding mental health status can have.  Still, the idea that you could cut a mother off from her child based upon allegations regarding her mental health status that have yet to be proved, and, as you have seen from the testimony I provided, have actually been soundly refuted, appears absolutely outrageous and represents a tragic miscarriage of justice for this mother and her child.  

You cannot simply point at people, call them crazy, and use such unfounded and unproven claims as the basis for denying them their parental rights.  

As the General Statutes Section 46b-46(c), which is the basis for all custody decisions, state, the mental and physical health of the parents involved is a factor in custody decisions, however, the "disability of a proposed custodial parent or other party, in and of itself, shall not be determinative of custody."  Furthermore, under Title II of federal ADA law, disability based discrimination is against the law in this country.  Certainly, the issue of disability should not be determinative without a fair and just evidentiary hearing where there is an equal playing field.  

However, what it looks like is that the judge and the attorneys in this case think that they can deny Paige Stvan her legal rights by nodding and winking and sweeping everything under the rug, simply by virtue of the fact that they think she has a mental health disability.  Likewise, they think they can smooth over and ignore father's possible bipolar disorder.  Trust me--that's not happening.

More on this case in Part II.

Saturday, October 17, 2015

MICHAEL VOLPE COMMENTS ON THE INCOMPETENTS INVOLVED IN THE TSIMHONI CASE!

Michael Volpe of "Communities Digital News" reports as follows:

"WASHINGTON, Oct. 15, 2015 — The individual chosen to implement a five-day reunification therapy in an explosive Michigan custody case had little more than a high school education, was working with a suspended psychiatrist and revealed an inherent bias toward the father.
A Michigan judge ordered three Tsimhoni children to engage in controversial “reunification therapy” after they refused to spend time with their father, Omer Tsimhoni. Judge Lisa Gorcyca of the Oakland County Family Court had previously sentenced the children to juvenile hall after refusing to have lunch with their father, who they say has been repeatedly abusive toward the children.
CDN has now learned that the three Tsimhoni children completed the five-day reunification therapy with Dorcy Pruter, who runs the Conscious Co-Parenting Institute. Pruter stated in a Wyoming deposition for another case that she ran the Tsimhoni children’s reunification therapy, despite statements on her web site that “this is not therapy.”.."



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