WHAT DOES JUSTICE FOR JENNIFER ACTUALLY MEAN?

In a Court filing requesting a restraining order against her ex-husband, Fotis Dulos, Jennifer Farber-Dulos stated, "I am afraid of my husband.  He is dangerous and ruthless when he believes that he has been wronged.  During the course of our marriage, he has told me about sickening revenge fantasies and plans to cause physical harm to those who have wronged him."  Judge Nelson-Heller denied the request for a restraining order, and in retrospect we all wish she hadn't.  Of course, with a man intent upon murder, it's not very likely a restraining order will stop him.  Still...

When I reviewed the Dulos case, primarily through reading articles published by The Hartford Courant, I investigated whether there was anything about Fotis Dulos which could have warned people in advance what he was capable of. In doing so, I realized we certainly weren't going to get any information from Dr. Stephen Humphrey who was Fotis Dulos' therapist.  Dr. Humphrey did a psychological examination of Fotis Dulos on behalf of the Court and determined that he "had no psychopathology" and presents "as gregarious and confident."  After what happened to Jennifer, we'd all like to know how he could be so far wrong.  

As it turns out, the reason why is that Dr. Humphrey solely used one test--the PAI test (Personality Assessment Inventory) along with meeting him for 20 hours.  According to google, the PAI can test for Somatic Complaints, Anxiety, Anxiety-Related Disorders, Depression, Mania, Paranoia, Schizophrenia, Borderline Features, Antisocial Features, Alcohol Problems, and Drug Problems. It is a self report inventory with 344 items that are answered on a four point scale. This is a problem because, as "Scientific American" reports, self inventory personality tests are not as accurate as others. Not only that, from my understanding, a psychological evaluation consists of numerous tests, not just one--some of them self report and others not.  

To be certain of this, I did a quick search of the internet and this is what I got from Psychology Today, "Psychological testing and evaluation consists of a series of tests that help determine the cause of mental health symptoms and disorders, to determine the correct diagnosis and follow up with the appropriate course of treatment."  In other words, "a series of tests", not just one.  When I had my last psychological evaluation for family court, I took five different tests.  How is it that Dr. Humphreys just used one?  Did he take one look at the charming Fotis Dulos and say why bother and then spent the rest of the 20 hours having nice chats?  Isn't that typical of how narcissists hoodwink not only mental health professionals and court personnel as well?  I'd say it is pretty classic.  

Were there any other indications that Fotis Dulos was capable of murder? For one thing, just before the divorce he purchased an unregistered gun in Florida without a permit.  Jennifer brought this to the Court's attention in one of her filings.  In it she wrote, "I am fearful of my and my children's safety, especially because he has a handgun in the house."  And further she stated, "I asked my husband to immediately remove the gun from the house, and he insisted that he was keeping the gun for protection."  Once the divorce was filed, Fotis Dulos turned the gun over to the Farmington police and subsequently never picked it back up because he didn't have a permit for it.  You have to wonder why he was running around with a gun just before the divorce.

In another incident Jennifer reported that Fotis Dulos threatened to run her over with a car.  These kinds of incidents are hard to prove because without a witness, they are he said, she said.  However, if that actually happened, it would have far worse implications than in most situations. This is because, in September 2010, Jennifer's mother-in-law was accidentally actually struck and killed by a car the nanny was driving in the driveway of the family home.  It's striking that this kind of scenario rose again within the context of the divorce.  In fact, knowing what we know now, it takes on an ominous tone.

Otherwise, in reading the Courant, I can't say there was anything else that indicated what Fotis Dulos was capable of.  I do think one incident alerts me to the fact that Fotis Dulos was a total jerk. Specifically, at one point, Fotis had all his kids baptized as Christians against Jennifer's wishes.  This is particularly offensive since Jennifer was Jewish and by Jewish law, since it goes by the matriarchal line, the children were also considered Jewish.  In addition, before Hilliard Farber died, Fotis Dulos told his father-in-law that if he didn't keep giving money to him, Fotis would take the kids to Greece and never come back. This is the "congenial" guy which Dr. Humphreys was talking about.  

The record shows that Jennifer Farber-Dulos absolutely outgunned Fotis Dulos financially.  She clearly felt the need to defend herself to the fullest extent she was capable.  While he spent $45,000 in a year on the divorce, sometimes filing his own motions, she spent $69,000 per month.  She had enough clout to get the Court to limit Fotis' access to the children and require that he have supervised visitation.  How?  She pointed out that he had allowed the kids to have contact with his mistress, Michelle Troconis, against Court orders, and then told the kids to lie about it.  For the rest of us who don't have that kind of money and status to help deal with our abusers, no way could we cut off our kid's other parent by making claims like that.  Ordinarily, the Court couldn't care less. We are told we should just move on and get over it. In my case, for six years my ex refused to adhere to medical guidelines for my disabled children's care and the Court didn't do anything about it.  

With all the Court processes, Fotis Dulos was staring financial ruin right in the face. This makes me question what Jennifer Dulos' attorneys were doing.  I mean, you may have the ability to grind someone down, but is it wise under the circumstances to do so.  Was it at all possible to arrive at a financial agreement which would have allowed Fotis Dulos to transition his business to a state of independence from his former in-laws without bankrupting him?  Was all out assault necessary?  

When it comes to custody, I was really struck by how clueless both Fotis Dulos and Michelle Troconis were.  Michelle made the comment at one point during the custody battle that she would love to get together with Jennifer and chat over a cup of coffee.  Was she kidding?  Then there was Fotis peculiar idea that he could have himself, Michelle and her daughter, plus Jennifer and the five kids all living together in the same house.  He thought his kids would make friends with Michelle's daughter and ultimately go to the same school together.  That is so pie in the sky only a totally insensitive fool would think of it.  But apparently, Fotis had concrete plans for that scenario.  This is where Jennifer's kids arrived at the conclusion that Michelle was trying to erase Jennifer and take her place which, to be honest, seems entirely plausible.  

If Jennifer felt she was going to lose her primary role as mother in the lives of her children, no wonder she fought with such vigor.  However, this is not a situation new to family court.  This is why Court orders are regularly put into place stating that romantic partners must be kept separate from the children.  If people violate those orders, they can be warned, held in contempt of Court, fined, or lose privileges in many ways.  However denying the offending parent access to the children or putting them on supervised visitation for that kind of offense is rather excessive. It might have made sense for Fotis' sessions with Dr. Stephen Humphrey to include some discussions about arriving at more realistic expectations for custody post divorce.  But it seems like the attorneys, GALs, and custody evaluators were more interested in keeping the conflict going instead of arriving at common sense solutions.

Bottom line, divorce is a vulnerable and unstable time for most people.  It is not the time for extreme accusations or extreme custody orders--at least not without a solid basis. It is not an opportunity to drive people into bankruptcy or for calling parents crazy.  Why try to push people over the edge? But if the legal team involved in the Farber-Dulos case were going to act so unwisely, thank God for the supervised visitation with the children. If Fotis Dulos was willing to kill Jennifer in cold blood, had he not been restricted by supervised visitation, what might he have done to the children?  It is chilling to speculate.

Justice for Jennifer would have meant that the judicial system and the legal professionals involved handled the Dulos divorce with wisdom and common sense.  Instead, they used it as an opportunity to churn the case and seize as much money as possible from both Jennifer and Fotis.  I suspect that the attorneys in the case were poised to carry out a custody switch from Jennifer to Fotis Dulos prior to her death.  This is why Fotis was cleared of any mental health pathology while the custody evaluator, Dr. Steven Herman, labeled Jennifer with a serious mental health condition which she could not possibly have had.  There were massive sums of money involved, and the kids came along with multi-million dollar trust funds. 

If we were truly invested in Justice for Jennifer, this kind of nonsense would stop.  The judicial branch and family court professionals would open themselves up for scrutiny and self criticism, and put a halt to the greed and corruption which has dominated the system for so long. It would end the news media blackout and allow newspapers and broadcast journalism to report on the judicial system fairly and honestly. Jennifer paid the ultimate price as a result of the CT Family Court's miserable failures.  It is about time that the State of CT did something about it.

MICHELLE TROCONIS: WHY RISK A CONTEMPT OF COURT?

On February 15, 2024, on the 22nd day of her criminal trial, Michelle Troconis sat before her computer scrutinizing the Dulos Custody report in large font, a report which was sealed by court order. Eagle eyed in the gallery, long time Jennifer Dulos friend and the Farber Family spokesperson, Carrie Luft spotted the report and notified a Court Marshal.  Michelle's Mom, Marisela Arreaza, noticed the activity and quickly tapped Michelle on the shoulder to get her to shut down the screen.  But the damage had already been done.  By the end of the day, the Court had taken steps to have Michelle Troconis charged with Contempt of Court, a class B felony which could lead to a fine and up to six months in jail if convicted. 

From the beginning of the Dulos case, the custody report has been the center of ongoing controversy. What is it all about? One aspect of this is that the custody report was used to exonerate Fotis Dulos of his wife's murder. Specifically, Fotis Dulos and his supporters stated the he would have no motivation to murder his ex-wife, Jennifer Farber-Dulos, because the custody report indicated that the case was heading in his favor.  The report was presented to the Court on May 14, 2019 within days of Jennifer Dulos' death.  Prepared by Dr. Stephen Herman, it apparently cast Fotis Dulos in a very positive light. As an aside, Dr. Herman is known widely because he opposed the Yale Study done in the Woody Allen case which stated that Dylan wasn't abused.  

The Dulos custody report, I would suspect, was a substantive report because it goes up to a page 50, which was the page Michelle Troconis was reading when Carrie Luft reported her.  I point this out because I've seen custody reports that were only three pages long.  My question is, why would Michelle have put herself at risk of additional prosecution just so she could wave this custody report around?  What in the world did she expect to accomplish?  Is she trying to tell us that the custody report showed Jennifer was such a bad person she deserved to die?  Was she trying to tell us that actually, despite all evidence to the contrary, Jennifer pulled a "Gone Girl" and the sealed custody report would explain why?  Is she trying to comment on the corruption of the Court system for not allowing her to present the custody report which she considered relevant evidence?  What?  

In order to get as close to an answer as possible, I returned to the early articles which report on Michelle Troconis' attempts to unseal the custody report and transcripts of the May 14, 2019 Court hearings when Dr. Stephen Herman provided testimony regarding his report. 

And before I proceed, let me say that I sympathize with Michelle when it comes to her frustration.  I've been in numerous hearings in my own family court case where I had significant evidence which I couldn't present because of the rules of evidence or simply the Court's refusal to be bothered to look at it.  There is nothing more irritating than that experience, where you feel you have information that would exonerate you, but your can't present it.  I have often felt that there is a pyramid of evidence, and that judges only get to see a small amount of it.  Many times, because of statutes regulating how information is presented to the Court, judges are forced to make decisions based upon a very limited body of information.  This explains decisions that often don't make sense to the general public.  For instance, when they come to light because of a tragic circumstance such as the Dulos case.  Of course, I can only speculate Michelle felt this way. I've never spoken to her.  

Be that as it may, prior to Michelle's trial, on July 10, 2022 Edmund H. Mahoney, a journalist with The Hartford Courant, reported that Michelle's attorney, Jon Schoenhorn filed a motion stating that he wanted "a transcript of the custody hearing to look for anything that could help Troconis by revealing what may have precipitated Jennifer Dulos' disappearance."  This language directly echoed the kind of language Fotis Dulos and his attorney, Norm Pattis, were using when they were in the middle of their speculations that Jennifer had pulled a "Gone Girl."  If you look at The Hartford Courant article cowritten by Dave Altimari and Nicholas Rondinone and published on July 17, 2019, Attorney Norm Pattis wrote in a motion he submitted to Court that he wanted access to "the diagnosis and treatment Ms. Dulos received in the weeks before her disappearance as such information may shed light on what may have motivated her to disappear."  

This overlapping language leads me to believe that, even now, despite the evidence, a part of Michelle Troconis still believes that Fotis Dulos is innocent and that Jennifer did a "Gone Girl" or she wishes to argue that.  I guess love is blind, huh! I conclude this because of Michelle's laser focus on the custody report and the transcript of the court hearing on it, when neither had any significant relevance to the proceedings in her criminal trial. I think it is quite clear that Jennifer Dulos is dead, simply from the items Fotis Dulos threw out during his cruise down Albany Avenue in Hartford on the evening of the murder.

So what's up with posting this custody report and incurring a criminal charge for doing so?  At the very least, Michelle could have been saying Jennifer was such a bad person she deserved to die. However, it's amazing, but bad character or behavior still is not solid grounds for killing someone. I guess in our day and age with Trump I actually feel the need to say that. So if Michelle thought that was important to point out, she was sorely mistaken.

On the other hand, Michelle could have actually been hinting that Jennifer committed a "Gone Girl". Still, the forensic evidence says otherwise and why won't Michelle believe that evidence?  The answer to that question lies perhaps in another incident where Michelle posted an article on her computer for all to see about how the State's former top medical examiner, Dr. Henry Lee, falsified forensic evidence, thus leading to the conviction of innocent people.  This incident occurred while the Court was hearing testimony about the forensic evidence in Michelle's criminal trial. This leads me to believe that Michelle simply doesn't believe Jennifer is dead even to the point where she thinks the forensic evidence is fabricated, or she wants to argue that. 

This would explain why Michelle Troconis pled the fifth and refused to cooperate one single iota when she was asked to provide testimony in Fotis' civil trial held in November 2019 regarding the millions of dollars he allegedly owed the Hilliard Farber estate.  At every turn, Michelle's acknowledgement of Fotis Dulos' guilt has been weak and unconvincing.  I can see it must have been difficult for Michelle to process the fact that the man she passionately loved was also a murderer.  Of course, that assessment depends upon what she did or did not know. I can't know that for certain. 

Still, there is no doubt that Fotis Dulos was a very charming man who had a way with the ladies.  As soon as Fotis realized that Michelle Troconis was no longer useful to him, he dropped her for a gullible Anne Curry. Then, even as the police closed in and the evidence mounted that Fotis Dulos was clearly guilty, he was able to talk Ms. Curry into lending him $147,000 for bail.  As far as I know, as of March 28, 2024, she was continuing to fight to get her money back.  What a sucker in a series of suckers Fotis Dulos found it easy to cultivate.

Of course, Michelle Traconis has been convicted in a court of law of conspiracy to commit murder, so perhaps her focus on the custody report is just an attempt to distract us from the true facts of the case pointing towards her guilt.  Otherwise, there are so many mysteries in the Dulos case--perhaps this is one of them.  

H.B. No. 5575 APPEARS TO HAVE PASSED THROUGH THE JUDICIARY COMMITTEE UNANIMOUSLY!

Raised H.B. No. 5575 
Session Year 2018

AN ACT CONCERNING THE APPOINTMENT OF A LICENSED HEALTH CARE PROFESSIONAL TO PROVIDE TREATMENT OR AN EVALUATION IN CONNECTION WITH A FAMILY RELATIONS MATTER.

"To allow a party to a family relations matter to have greater input on the selection of a licensed health care professional who is to provide treatment or an evaluation in connection with such matter."

For more information on this bill which recently passed successfully through the judiciary committee, see the link below:

https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB05575&which_year=2018

THE CT JUDICIAL BRANCH FAMILY CIVIL INTAKE FORM: IS IT A PATRIARCHAL TOOL OF OPPRESSION!

*Ms. Doreen Ludwig, author of "Motherless America" provided the original inspiration for this article as well as a considerable amount of the material included in the article.  The Divorce in Connecticut website would like to acknowledge Ms. Ludwig's outstanding contributions on behalf of Protective Mothers and their children.

INTRODUCTION

This website has often spoken about the fatherhood funding provided by the Federal Department of Health and Human Services which has been pouring into the States by the billions and billions of dollars.  We have tracked how much of that money has been spent supporting abusive fathers in their custody battles in CT Family Court.  

In the early days of spending on fathers, the CT Judicial Branch took on the development of the Family Civil Intake Screen, a form which Family Services now uses to screen people when they apply to them for services.  The CT Judicial Branch is incredibly proud of this form.  In fact, this Intake Screen has been shipped around as a model of excellence to other State Family Court systems throughout the country.

HAVE YOU BEEN HARMED AND DAMAGED BY CUSTODY EVALUATOR DR. JAMES CONNOLLY? WE WANT TO HEAR FROM YOU!

For many years now, there have been many complaints from protective mothers in regard to custody evaluator Dr. James Connolly.  Are you one such victim?  If so, this website would be interested in hearing from you.   

If you believe that Dr. Connolly invented the information he placed in your custody evaluation, if he misrepresented the facts in your case, if you discovered he deceived you into believing you had his support when you did not, if he charged you large sums of money for his work and did not deliver, if he failed to adhere to the APA standards for custody evaluations, if he inserted quack science such as parental alienation syndrome (PAS) or its equivalent in your evaluation, if he allowed your ex to put your children at risk of injury and did nothing about it, or committed any other malfeasance of this kind, please let us know.  

We can be contacted at the following email address:  Slopercathy@gmail.com.

All communications will be held strictly confidential. 

CHANGES TO CT PRACTICE BOOK SEC. 25-60 RE FAMILY SERVICES EVALUATIONS PUT LITIGANTS AT RISK!

PAGE 42-43 SUGGESTED PRACTICE BOOK REVISION-THIS WOULD BE ADDED TO SECTION 25-60 ON FAMILY COURT PRACTICE AND POTENTIALLY RESTRICT LITIGANTS' ACCESS TO VITAL INFORMATION NECESSARY TO ARGUE THEIR CASES!  SEE BELOW THE SUGGESTED ADDITION:

"(d) The file compiled by the Family Services Unit in the course of preparing any mediation report or conflict resolution conference report shall not be available for inspection or copying unless otherwise ordered by the judicial authority. The file compiled by the Family Services Unit in the course of preparing an evaluation or study conducted pursuant to Section 25-61 that has been completed and filed with the clerk in accordance with subsection (b) shall be available for inspection only to counsel of record, guardians ad litem, and the parties to the action to the extent permitted by any applicable authorization for release of information; and further provided that copies of documents, notes, information or other material in the file shall only be provided to such individuals if they make the request in writing and certify that it is requested for legitimate purposes of trial preparation and/or trial proceedings in the case in which the evaluation or study was filed. For purposes of this section, the word ‘‘file’’ shall include any documents, notes, information or other material retained by the Family Services Unit in any format.

(e) Any information or copies of the file disclosed pursuant to this section shall not be further disclosed unless otherwise ordered by the judicial authority or as otherwise authorized in this section." 

THE CT JUDICIAL BRANCH'S COMMENTARY ON THIS SECTION'S INCLUSION:

COMMENTARY: The changes to this section clarify what information from Family Services files compiled in connection with the reports, evaluations and studies under this section are subject to inspection and copying and by whom, to whom those copies can be provided, and for what purpose can they be requested. The changes also provide that any information or copies disclosed may not be further disclosed except as otherwise ordered or authorized.* 

*In other words you can be subjected to endless, unnecessary obstruction to your access to vital evidence in your case.  While issues of confidentiality regarding certain documents is important, I think the wording of this revision is so careless it could end up restricting family court litigants from accessing important information they need for their own cases.  If the purpose of this revision is to safeguard confidentiality, it must be rewritten to ensure that it does not inadvertently end up cutting off the parties themselves from being able to review important documents in their cases.  As it looks now, the way this revision is worded, the latter could very easily happen.

WHAT HAPPENS WHEN YOU EMPOWER A BULLY: THE TRAGEDY OF MATHEW COULOUTE!

There are few cases that present the spectacle of the foolishness of family court here in CT quite as effectively as the Mathew Couloute versus Lauren Haiden versus Stacey Blitsch cases.  

Mathew Couloute, for those who are interested, is a native son, born and raised here in CT and said to be an associate of Gov. Dan Malloy.  An attorney and formerly a state prosecutor, Mr. Couloute is a talented, intelligent, capable if not brilliant professional with some unfortunately fatal character flaws, one being an inability to maintain a steady and law abiding career path, and the other, a complete inability to maintain a decent and courteous relationship with the mothers of his two children currently aged 11 and 5.  

ARE FORENSIC EVALUATIONS OR PSYCHOLOGICAL EVALUATIONS LEGAL IN FAMILY COURT PROCEEDINGS? "WONDER WOMAN" OF THE GOLDEN LASSO BLOG SUGGESTS THAT THEY ARE NOT!

USC 42 § 12101 – 12203 and the NPRM and Judicial Conferences have provided functional regulations re: confidentiality, all of which impacts the legality of the decision to conduct forensic evaluations and psychological evaluations and how the results of those evaluations will be used.

DOES A CHILD'S PREFERENCES MATTER DURING A CUSTODY DISPUTE?

My parents were married for over 60 years, but it wasn't all a bed of roses.  I will never forget how, after one of their big fights, my father asked me who I wanted to live with once they divorced--him or my Mom.  I wasn't going to be stupid and answer a question like that--even at ten I knew better!  Sure enough, they made up and the question became moot.  

However, if I'd thought it was a serious question, this is what I might have answered.  I would have said I wanted to live with my Mom, not because she was the better parent, but because she needed me more because of her drug and alcohol addiction.  I'm not sure that would have been such a good idea, however!  

So how do judges decide who gets the children--do they just ask the kids or what?   

The question of who gets custody of the children after a divorce remains a complex and difficult question in some divorce cases.  Luckily, most people see the common sense of keeping Mother in charge when she has been the primary parent on an ongoing basis and allowing for generous visitation from Dad.  But in divorces where custody is under dispute, how does the Court make the decision in regard to custody, and do judges in these cases take into account the preferences of the children involved?  

In CT, under 46b-56(b) the following factors are supposed to be taken into account as follows:

1. The child's developmental needs
2. Each parent's ability to meet the child's needs
3. Each parent's desire to have custody
4. The child's relationship with each parent, siblings, and anyone else living in either parent's home that may affect the child's best interests
5. The stability of each parent's residence
6. Each parent's willingness to encourage a relationship between the child and the other parent
7. Whether either parent tries to manipulate the child or involve him or her in the parent's dispute
8. Each parent's ability to be actively involved in the child's life
9. The child's adjustment to his or her home, school, and community
10. The length of time the child has lived in the current environment if it's stable
11. The child and parents' mental and physical health
12. The child's cultural background
13. Either parent's history of domestic violence
14. Whether the child has been abused and neglected
15. The child's wishes as to custody, and
16. Any other factors relevant to custody

As you can see, the child's wishes are way down there under 15.  It is not highlighted as a major factor.  

However, what I find really interesting when I talk to people who have not yet been to Court over custody is how many parents believe judges put a lot of weight on what the child wants.  In fact, what the child wants, even when he or she is a teenager, often isn't a major consideration in regard to custody decisions.  I hear so many parents say my daughter or son wants to live with me and he is 8, or 10, or 12 or whatever age, and can now decide.  Well, no, that is not the case.  Ultimately, the judge decides and the decisions will be made based upon the judges' assessment of all the factors under consideration listed 1 - 16 above, even one as vague as #16 "any other factors relevant to custody." 

In addition, keep in mind that the final decision is supposed to be based upon that often vague and greatly vilified standard "the best interests of the child."  

I hope all of you noted the "friendly parent" factor that so many protective mother advocates hate item #6 on the list above.  We do have a friendly parent factor in the State of Connecticut!  

So, despite the limitations involved that I have mentioned, at what age can the Judge begin to take into account the preferences of the child?  In the State of CT at younger than 5, the opinion of the child is not a consideration.  At 13, the child's preferences have a much greater impact. Between 5 and 13, Judges will consider the child's preferences on a case by case basis, whatever that means.  In California, FYI, the age at which a child's preferences are considered is 14.  

However, Judges ultimately have complete discretion regarding the impact a child's preferences will have on a custody decision.  If the Judge thinks that a child's preferences are based on poor judgment, he or she is unlikely to consider them.  As Divorcenet stated "A court can disregard a child's preference when the judge believes it's not in the child's best interests."  

Notoriously, if judges believe that a child's preference is founded upon "Parental Alienation Syndrome" PAS, that judge will be unlikely to grant custody to the alleged offending parent no matter what the child says. This is what happened in the Kathi Sorrentino case where the child was 15 and expressed a preference to be with his mother. However, the child's preference, on the most frivolous grounds, was determined to be an expression of PAS so father was given sole custody.  

Therefore, people who think their child can make up his or her own mind at the age of 13, this is simply not the case.   Case law supports this wishy washy approach as in Knock v. Knock, 224 Conn. 776, 788-9 (1991) where the Supreme Court ruled that the Court "does not require that the trial court award custody to whomever the child wishes, it requires only that the court take the child's wishes into consideration."  So a Judge may or may not take a child's preferences into consideration.  

So, how does the judge discover what a child's preferences may be.  In Divorcenet, there was a complete discussion regarding judges determining a child's preferences by interviewing the child in chambers along with a discussion of how an attorney should manage that kind of interview.  In all my time hearing about divorce and custody matters in Connecticut during the last decade, I have never known a judge to interview a child in chambers about his or her preferences.  It could be this does happen and I just don't know about it, but still.

Also, there was a discussion of when children can testify in open Court regarding their preferences.  I have known many parents to insist that their children ought to have the right to testify in Court regarding their preferences. As far as I can see, judges absolutely frown on parents who insist upon putting their children through the trauma of testifying in Court.  This is so certain that I can pretty much say that if you insist upon having your children testify while your ex doesn't, that's about a guarantee that you will not get custody of your children!  

For the better part, if there is a custody dispute, what happens is that if your child is under 13, the court will appoint a GAL, a custody evaluator, or a family relations officer to do a thorough investigation of your circumstances in order to present a recommendation to the court which will ordinarily be accepted.  If the child is 13 or older, it is likely the child will be assigned an attorney of the minor child in order to advocate for that child's wishes.  But all of this is really not rigidly adhered to.  I've seen children who have both a GAL and an AMC. I've seen children over 13 who only have a GAL.  It all depends upon the politics of your particular case.  

The real danger of these investigators is that you have to rely on their word that when they report the wishes of the children that they are actually telling the truth.  I have no doubt that they lie on occasion.  Thus, if you have any concerns about the investigator in your case, you might want to have your child sit down and write to the investigator stating what his or her preference is so that it is on the record.  If the custody evaluator or GAL will not accept it, which is what happened to me, you can simply submit it directly to the Court.

You may be accused of manipulating your child to write the letter, but if you have concerns about the truthfulness of the professionals in your case, it is better to be thought of as manipulative than not have your child's preferences considered at all.  

Bottom line is, the State of Connecticut has a presumption of joint legal custody if both of you agree to that.  What is interesting is how few attorneys actually explain that to their clients.  What you are actually fighting over most of the time is which parent is going to be the residential parent, i.e. the home where the children primarily reside, i.e. what is considered their residence legally speaking for matters such as school attendance.  Other than that, the sky is the limit in terms of how much actual time each parent gets to spend with the children.  

Traditionally, the visitation is set for one or two evenings a week and every other weekend for the non-residential parent, but I have known people to renegotiate that for more time for the non-residential parent.  

When you get down to it, fighting over this day here or that day there to the tune of thousands and thousands of dollars is pretty silly, and most couples left to their own devices will work out a modus vivendi.  

The question is do you truly want to create an unpleasant atmosphere by quarreling at every turn.  Many abusive family court attorneys and vendors would love you to, but it is your job to see through them and move forward. Trust me, ten years later when you are considering college tuition fees, you will be happy you did so. 

Bottom line, again, when it comes to the children's preferences, do not count on them to get you custody because it is not an absolute.

MORE COMMENTS ON THE DECISION OF THE FAMILY COMMISSION TO RETREAT BEHIND CLOSED DOORS!

Denying the parents access to the Custody Study is a common and old scam. Here's a paragraph from the minutes of the January 21, 2015 Family Commission meeting which deals with the issue:

"Item 01-06J concerns Practice Book Section 25-60A. The request is that any private evaluation not be given to the parties or any attorneys in a case without a court order regarding the report’s dissemination. The members of the Commission discussed whether or not the ADA preempts Practice Book Rule 25- 60A. The members of the Commission agreed that once an evaluation is marked as an exhibit at trial that the Confrontation Clause and Due Process Clause of the Constitution would require that the evaluation be made available. Concerns were raised about how a case can be resolved without knowing the contents of an evaluation. Another consideration discussed by the members of the Commission involved trying to protect children from the contents of the evaluation. Evaluation contents have been known to turn up on the internet and on social media where children and even the public can see it. The Commission will ask the Legal Services Unit to research the issue of whether the ADA preempts Practice Book Section 25-60A. Judge Dranginis, Steven Dembo, and Thomas Parrino will work on draft language for the members of the Commission to consider at the next meeting."

The general idea is to make the parents pay for a Custody Study and then allow the judge to base orders on the Custody Study without revealing the contents to the parents. 

The Family Commission minutes suggest that once the study is marked as an exhibit at trial, the Confrontation Clause and Due Process Clause require it to be made available. 

This discussion shows how little constitutional law family law judges and lawyers know. The Confrontation Clause is part of the 6th Amendment to the US Constitution. It provides that in all CRIMINAL matters, the accused has the right to be confronted with witnesses against him. 

I'm sure that parents may feel like criminal defendants in family court, but the provision does not apply. 

The 14th Amendment's Due Process Clause does apply, and it applies much more broadly than the Family Commission minutes suggest. In fact, parents have a constitutional due process right to see the report before the judge uses it to justify any action. Moreover, since they paid for the report, the parents may very well own it. It is their report. By denying them access to it, the court violates their liberty interest in their own property. 

Of course this latter issue is present every time the a family court judge orders parents to pay the divorce industry. 

In short, Connecticut family courts just blatantly violate parents' constitutional rights as a matter of practice. 

The January 21, 2015 Family Commission minutes are interesting in that, for the first time ever, the judges and divorce lawyers actually purport to address a constitutional issue. And of course their analysis is horribly wrong.

MORE RESPONSES TO NEWS THAT FAMILY COMMISSION IS DISBANDING, RETREATING BEHIND CLOSED DOORS!

Here is my favorite Munro story: 

The psychologists that were big into the "custody study" business realized that it if they actually had to write a custody study, someone might actually read it and realize that there was no scientific, psychological or other basis for anything in the report. 

So Horowitz & Krieger perfected the art of delaying, deferring, demanding "feedback sessions" and other dirty tricks to avoid ever having to issue the report. 

Of course, they still got paid for their work but they'd try to make the case settle without having to write anything for which they could be held accountable. The other psychologists started to copy their methods. Then the game became how to bill the greatest number of hours and make life as difficult as possible for the parents to force the family to settle (or just let the crazy people kill each other or the kids) and never have to issue a report. 

However, in some rare cases, they actually had to write a report, which some logical litigant might actually read. 

What to do? 

Answer: get the judge to order that the parents not be permitted to read the report. You make up some reason like the parents might release the report to the public in a manner that would hurt the kids. 

(Remember, in family court fantasyland, the PARENTS are bad for the kids, while the DIVORCE INDUSTRY is good for the kids.) 

Thus, in a Stamford matter, Munro ordered the parents to take the kids to (I think) Horowitz, pay him whatever he asked for, then Munro ordered that the parents not be permitted to read the Custody Evaluation, and then she started issuing orders based on the Custody Evaluation that she had forbade the parents from even reading. At this point, the ultimate goal has been realized: the parents role has been reduced to simply writing checks to the divorce industry. 

True story. This is due process in Connecticut family court. You get to write the check, or you will lose custody of your kids and be incarcerated.

FURTHER TEST RESULTS: THE COLLEEN KERWICK STORY, PART IV

I've pretty much covered all the significant points that were in the Savino custody evaluation.  But there were a few additional areas of investigation that are worth reviewing before we continue on.  

For example, just so all of the curious know, at the end of 2011 when Dr. Sidney Horowitz was conducting the custody evaluation with Colleen Kerwick it looks as though she was ambulating well.  Ken was ambulating well too.   You wouldn't want any bad ambulators around.

Further, both were "oriented in all spheres."  I mean if either had one of the spheres excluded and didn't bring it up to speed, we'd definitely have a problem, I am sure.  

Doesn't look as if either had any dysmorphic features--I mean God forbid.  

Both appeared to have euthymic affect.  Hmmmm.  

No thoughts of killing themselves or others.  Glad to hear that, or it would be rather alarming.  

In short, both Colleen Kerwick and Kenneth Savino appear to have the exact same mental status.  Like I said, in the "both are wrong" world, everything kind of goes bing, bong, ding, dong.  

Ambulating forward, I do take note that apparently Colleen has "a relative weakness in visual motor integration."  Oh. my. God!!!  Do you think this will affect her parenting skills?  

But, wait a minute, look at that Kenneth!  Dr. Horowitz has offered that "a relative weakness in his nonverbal abilities is noted!"  

I mean without nonverbal abilities, I'm feeling very ambivalent.  I mean a Dad without proper nonverbal abilities--can you really trust him around a very young child?  This is, indeed, something we must carefully consider.  

And, under the circumstances, one must balance out the relative importance of visual motor integration problems versus nonverbal communication skills.  In the scheme of things, perhaps it would be better to have a parent who is better at nonverbal communication skills even though that parent isn't so great at visual motor integration problems.  

But then again, we mustn't take these features out of context as Dr. Sidney Horowitz states in his "caveat--redux" in the section on Kenneth Savino where he again repeats that "the psychological test interpretations presented herein are hypotheses, etc. etc." 

Again, ambulating along, based upon the Hooper Test, looks like both parents have a very low likelihood of neurological impairment in regard to vision--so looking good, looks like when they are diapering the baby they will both be able to identify where to plant the diaper.  

Score for Colleen Kerwick!  It looks as though she does not have any learning disabilities.  

However, the CTMT for Kenneth brings us some more problematic results.  

Specifically, "the results suggest that Mr. Savino is functioning in the average range on the easier trails, but shows a huge disparity ranging from the 6th percentile to the 62nd percentile on more difficult trails."  

What this means is that "The aforementioned "relative weakness" in the perceptual domain coupled with what will later be described as an underlying anxiety, may account for his performance on the test."  

But that doesn't mean he has any anxiety at all as Dr. Sidney Horowitz reassures us, "That said, there is no indication of a formal underlying neuropsychological deficit per se."  

Whew!  I am glad to hear that or I would have been worried.  

I think everyone reading this blog will also be glad to hear that the results of the Slosson Oral Reading Test - Third Edition - indicate that both Colleen Kerwick and Kenneth Savino both know how to read at the high school level.  

I mean, what would we do if Colleen, an aviation attorney who has passed the bar couldn't read at a high school level.  What would we be required to do?  Revoke her law degree?  And as for Kenneth, no more wealth management for you, bad boy.  Not reading on the high school level, you should be ashamed.  

Ok, that was just an imaginative scenario.  But seriously, if it turned out that, say, Kenneth, didn't know how to read, would they truly deny him custody?  Is there some rule out there stating that literate parents are superior and more effective as parents than non-literate parents--is there some body of research we have out there which proves the value of reading in parents over non-readers?  

Finally, there were some very interesting parent/child observations, one with Colleen Kerwick and also with Kenneth Savino.  

In the parent/child visit with Colleen Kerwick, the child went on a search for toy trucks and began to whine when he couldn't find the trucks.  Ms. Kerwick attempted to redirect the child's attention away from the trucks, asking him to read books instead.  

[Of course, I, zee grrreat doktor had hidden away all zee trrrucks, but that is my secret!  Ha! Ha! Ha! Ha!]

Still, no matter what Mother did the child continued to express the fact that he wanted to play with trucks.  Trucks being effectively a symbol of the masculine, clearly the child had a specific need to identify with that masculine activity as opposed to the feminine activity of reading a book.  

Mother's refusal to play with trucks probably reflects her inability to come to terms with the masculine in her life and in the life of the child.  

Dr. Horowitz plans on paying close attention to the child's truck playing for the future.  I mean, if mother cannot accept trucks as a legitimate toy playing activity, it may not be appropriate for her to be the primary parent.  

This is a serious consideration.  

As for the father, during his parent/child activity, he was able to find some cars in the toy box which the child was very happy to play with.  Both father and son practiced using the word "poopy" in a he man type way which was reminiscent of burping games young men play in local bars, so clearly a very healthy father/son type activity.  

I'm sorry folks, when it comes to game playing and letting boys be boys, father as primary parent is looking a little bit better than mother.  Repeat after me, "Mommy is a sissy."  Mommy is a sissy..."

[Vat are you crrrying for, young man, big boyz don't do zee crrrying!]

To be continued...

FINDING OUT THE TRUTH: THE COLLEEN SAVINO STORY, PART III

In looking at a custody case like the one Savino v. Savino, it can be really difficult to be sure who is telling the truth.  So many cases are just a "he said, she said situation" and there is a lot of white noise which makes it hard to tell.  

However, what I think is particularly persuasive for a writer like me is the ultimate outcome.  During the time that I have known Colleen Kerwick she has always stated how important it is for the father to share in the life of her child.  She has repeatedly stated she would never want to eliminate him from her child's life, and in the custody report she specifically stated, "I don't want him out of my son's life, but I need to be involved too."  

Furthermore, much to my annoyance she has come out firmly in support of shared parenting which would give 50/50 parenting time to both parents.  

In contrast, I can see that Kenneth Savino has repeatedly attempted to have Colleen arrested, seized total control of their child based upon a fake amber alert, and has done whatever he could to push her out of their child's life.  I don't know what the context was for Dr. Sidney Horowitz in 2012, but in 2015, I can confirm that when it comes to Colleen's statements that she was abused, her statements that Kenneth was trying to remove her from the life of their child, time has proven them to be true.  

It is sort of a situation where murder will out!  

As a trained therapist, I am not sure why Dr. Horowitz didn't pick up on this except for the common money making goal so many mental health professionals have that persuades them to go by the model "both are wrong" no matter what contrary evidence exists.  There is no doubt that Dr. Sidney Horowitz was at considerable pains to tweak the results the way he wanted them to go.

One point I am clear on is that Dr. Horowitz didn't care to acknowledge that Colleen Kerwick was a victim of domestic violence and sorry to say, in writing up his evaluation, he pretty much painted her as a liar because she reported the abuse she'd experienced.  I can relate to what Colleen went through here, because when I reported the abuse I was enduring, the evaluator in my case did pretty much the same thing. 

I think this denial occurs simply because mental health professionals can't bear to acknowledge that abuse occurs in a great many middle class homes.  But also age plays a role here--both Colleen and I married considerably older men.  Doctors such as Horowitz, and the psychiatrist in my case, like to characterize women like us as manipulative bitches who are financially and emotionally exploiting our much older and more well established ex-husbands because it taps into a primordial fear that the majority of successful men like themselves have buried deep down in their psyche.  

Specifically, Colleen was 17 years younger than her ex-husband and I am 15 years younger than mine.  Inevitably that age difference makes a poor impression on these male doctors who just assume that if a woman marries an older man, it must be for some nefarious purpose.  

Thus, it is striking that Dr. Horowitz' report never mentions that Colleen Kerwick was employed as an aviation attorney and is a fluent Irish speaker, but does mention that Ken Savino "is employed in the wealth management business."  By withholding information on Colleen's professional background, Dr. Horowitz appears to imply that Colleen is the kind of woman who intended to sit at home eating bon bons and counting Kenneth's money while Ken Savino was at work!  

Isn't that what those cute younger babes do--marry up!  

And how do women like Colleen manage to exploit their husbands like that?  They do that with their superior cleverness; thus, even though both Colleen and Kenneth had almost identical scores on the IQ tests they both took, Dr. Sidney Horowitz describes Colleen as having above average intelligence and then describes Kenneth as having only average intelligence.  

Dr. Horowitz also skewed and misrepresented test results in order to make it look as though Colleen Kerwick was a deceptive individual but Kenneth was not.  For instance, Dr. Horowitz used the Paulhus Deception Scale to measure the degree of faking in the psychological testing.  In regard to Colleen, he reported that Colleen scored in the 99.98% for impression management and scored 70.75% in self-deception, the latter actually being a somewhat average score. In his assessment of these scores, he indicated they should lead anyone to view her remarks with "a great deal of" caution.  

On the other hand, Kenneth Savino scored in the 84th% for impression management, and Dr. Horowitz conveniently withholds the score he received for self-deception, but says it was average--so why doesn't he just share the results with us?  (More about that later)  Keep in mind, also, that Ken Savino's score on impression management is only 16 percent lower than Colleen's score, and it is still in the very high range. Nonetheless, Dr. Horowitz would have us believe that, in contrast to Colleen, based on these results, we can approach what Kenneth says "with some degree of caution".  

Dr. Horowitz makes Kenneth look as though he is so very honest in contrast to Colleen.  But is this what the tests really indicate?

I have an explanation for Colleen's high score in terms of impression management.  It is the consequence of her European background which places an extensive emphasis on impression management.  I feel I can say this because my parents were European as well.  

Unlike Americans who believe they can let everything hang out and express their authenticity, European culture emphasizes making a good impression on others, exercising good manners and adhering to proper social expectations as among their highest values when it comes to behavior.  You never, never air your private and personal matters in public.  Naturally, then, as a native of Ireland, Colleen would score highly on impression management.  I'll bet I would too.  It is very important to note that as a result of these cultural differences many Europeans dislike Americans.  

If Dr. Sidney Horowitz failed to be sensitive to cultural differences when he conducted the forensic evaluation, even though he is required to do so, this is certainly a problem.  But still, as I said, keep in mind that in regard to impression management even though Colleen's score is extremely high, Kenneth's score really isn't that far behind!

So what about Kenneth Savino's mysterious self-deception score?  Later in the report, we are told that in the Personality Assessment Inventory (PAI) Mr. Savino had a very high level of self-defensiveness which measured in the 89.74% which Dr. Horowitz stated could make him  "minimize, deny, or even be unaware of his shortcomings"--this sounds suspiciously similar to the self-deception score that Dr. Horowitz didn't want to share with us earlier on.  

So if you looked at the test scores properly Colleen is very high in impression management, but fairly low in self-deception.  In contrast, Kenneth is somewhat lower in impression management than Colleen, but considerably higher in self-deception than Colleen--approximately 20% higher.  

So when Dr. Horowitz speaks of Colleen and says you should be considerably more cautious about believing her than you would be in believing Kenneth, he is full of garbage because his own test results prove otherwise.  If you are going to look at the numbers, the two actually balance each other out, although Kenneth clearly has a considerably lower capacity for insight.  

The only way you can actually figure out what is going on is to look at the context, and for that all we have to do is look at the reality of the abuse that Colleen Kerwick experienced. 

Dr. Sidney Horowitz cast a shadow of doubt on Colleen Kerwick's statements in regard to abuse because she came in with a bound notebook full of emails as evidence of his abuse, which I understand Dr. Horowitz chose to ignore. I mean, God forbid she bring in actual concrete evidence.  

Also, she came in with her domestic violence counselor, Ms. Shanthi Roe and other support persons.  In a mocking and skeptical manner, Dr. Horowitz states, "Ms Kerwick Savino would have this evaluator believe that Mr. Savino is a manipulative, mosogynistic, controlling and hostile individual."  [Surprisingly enough, or not, however you see it, Dr. Sidney Horowitz never expresses a similar skepticism regarding the lurid accusations Kenneth Savino made about Colleen!]

Still, the reality is that Dr. Sidney Horowitz own test results regarding Kenneth Savino absolutely support Colleen Savino's remarks.  To quote Dr. Horowitz' report regarding Kenneth Savino, "The respondent's [Kenneth Savino's] interpersonal style seems best characterized as being domineering and over controlling.  He has strong needs to control others and... likely has little tolerance for those who disagree with his plans and desires.  Others view him as being rather overbearing and dictatorial.  Although able to express some degree of warmth, his need to be in control in relationships probably taxes the endurance of those who are close to him."  

In commentary a little further on, Dr. Horowitz states, "He appears to compensate for [anxiety and self doubt] by acting in a controlling (if not bullying) fashion in an attempt to bolster his hindered self-esteem."  

This means that despite Dr. Sidney Horowitz mockery of Colleen Savino's observations regarding her ex husband, in fact the test results indicate that her statements were perfectly accurate despite the need to view her observations with -- what does the report say? -- a great deal of caution.  What is more, Kenneth Savino's own behavior since he took these tests, which I described earlier in this blog, also back up what Colleen has stated.

Finally, Colleen reported that Kenneth Savino had an extensive history of mental health difficulties prior to and during their marriage, but surprise surprise, Dr. Horowitz suppressed that evidence by playing phone tag with Mr. Savino's psychiatrist and never actually speaking to him.  That's a great way to skew a custody evaluation in favor of the father.  Just prevent data from his mental health background from ever making it onto the record!  

In this clever way, by simply manipulating the psychological test results to cast an unwarranted shadow of doubt on Colleen Kerwick's truthfulness and downplaying or hiding the data on Kenneth Savino's abusive behavior and mental health difficulties, Dr. Sidney Horowitz was able to present the classic results typical of custody evaluations that underlie the majority of high conflict divorces, results that indicate "both are wrong".  

Unfortunately, both were not wrong, and this is what led to so much tragedy and suffering in this case for both Colleen and her child.

To be continued...