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

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

  

Friday, December 5, 2014

DR. ERIC FRAZER, PAS EXPERT: HE IS FOUND TO BE LICENSED BUT STILL GUILTY AS CHARGED OF BEING STUPID!

I've had many people tell me how smart I am -- thank you -- which did not protect me from the mistake of thinking that Dr. Eric Frazer, a psychologist practicing out of Westport, CT, did not have a license.  I did investigate very carefully prior to publishing that information, but I still ended up being misled by the way the State database worked.  So I am not immune to error.  However, I would not say that I am stupid, which is more than you could ever say about Dr. Eric Frazer. [And before I proceed, I do want to thank those who were quick to contact me on that point.  I am very grateful to my readership for keeping me on track!]

Recently, a mother contacted me to let me know that Dr. Frazer had become involved in her case as a PAS (Parental Alienation Syndrome) expert and GAL and that he had investigated her case and concluded that she was alienating her child from the father.  She assured me that this was not so and showed me additional information that led me to believe she was telling the truth. 

In contrast, from the documents I saw it appeared as though Dr. Eric Frazer had misrepresented the facts of PAS on the stand and had lied about the mother. 

Of course, I am not surprised that anyone who characterizes him or herself as an expert in the quack theory of PAS also turned out to be a quack as well.  Licensed or not, a psychologist who acts on the basis of a quack theory remains a quack. 

The end result of his wrongdoing and false testimony was that this mother lost custody of her son who had been living with her for many years and the young man was summarily transferred into the primary care of the father.  This demonstrates more powerfully than anything else how the testimony of a psychologist can end up devastating a custody case even though such testimony is completely bogus. 

Remarkably enough, however, before this family court case was over, nobody bothered to check out Dr. Eric Frazer's credentials.  They should have--because they are seriously not that great!   

First of all, so-called Dr. Frazer claims that he received his Psy.D. from the Miami Institute of Psychology.  The Miami Institute of What?  What is with our Court system that it could actually place the serious responsibility for the wellbeing of a family in the hands of a graduate of some obscure college in Florida that no one has ever heard of!  Are there no professionals who actually graduated from the University of Connecticut or Yale University that the Family Court could have checked with, schools that have some kind of track record and credibility? 

He does have a license in the State of Connecticut--but my question is--how did he get it despite being so poorly qualified!  I am sure there is an explanation!

 
So what about Dr. Eric Frazer's education?  What is interesting about Dr. Frazer's "about me" page is it doesn't say a thing about his academic credentials which would be the first thing you would want to know about a professional who is going to take on powerful responsibilities such as deciding which parent a child ends up with.  For that information on Dr. Frazer I went to the Yale University School of Medicine where he claims to be an Assistant Clinical Professor--ah hemm--part time. 

On the Yale University School of Medicine website where Dr. Frazer has been listed, the only academic credentials he provides is the information that he received his Masters of Science at the Miami Institute of Psychology in 1998.  The only problem is that at another location online--his "linked in" page--Dr. Frazer claims that he was working on his Psy.D. at the Miami Institute of Psychology from 1996 to 2000 and makes no mention of a Masters in Science.  So what did he get--a Master's Degree or a Psy.D.? 

You might speculate that he got both, but that is not how it works.  Ordinarily, a credible Master's Degree takes at least two years to obtain.  A Psy.D. takes minimally four years.  Based on that, there is no way that Frazer was able to get both a Master's degree and a Psy.D. degree at the Miami Institute of Psychology in only four years.  He either received one or the other. Or else, considering the timeframe, and this is something I hadn't considered when I first started writing this article, Dr. Frazer obtained two degrees that are of seriously poor quality! 

I am aware that the Miami Institute of Psychology made arrangements for students at Miami-Dade Community College to transfer credits into the Institute, but that would hardly be a quality level education.  Still, it is possible that this is what Dr. Frazer did because there is a gap of two years between his graduation at Fordham in 1994 and the start of his education at the Miami Institute in 1996. 

Of course, then that turns attention onto Dr. Frazer's time at Fordham where it seems that Frazer only spent two years from 1992 to 1994.  Perhaps this was also a community college supplemented education, although Dr. Frazer doesn't tell us. 
And this is my problem.  That information should be up front and available to people who are considering whether to take advantage of his professional services.  It leaves me wondering how much I can believe of what he has posted up there.

At one point in this conversation, I had a person ask me "Where did Dr. Frazer get his doctorate?  And this is where I again kind of have an argument.  Can you legitimately call a Psy.D. a doctorate?  For me personally, I don't think you can.  You see, a Ph.D. and a Psy.D. are two entirely different degrees.  In order to obtain a Ph.D., you are required to do an original piece of research which you ordinarily write up into what is called a dissertation which is required to show a mastery of the subject matter.  This dissertation is frequently up to 100 pages or more. 


Once you have completed your dissertation, you are required to stand before a department committee consisting of professors in your department where you defend the results of your dissertation from their scrutiny.  Frequently, these dissertations end up being published as a book and/or certainly the results of the research could end up published in a professional journal. 


With a Psy.D. all you do is pass an examination and you are done.  In terms of respect and prestige within the academic community, a Psy.D. is considerably less.  As a point of interest, the Miami Institute of Psychology is accredited for a Psy.D. degree, but it is not accredited for the Ph.D.  So Dr. Frazer could not have obtained an accredited Ph.D. at the school he went to because it is of insufficient quality to offer one.


Be that as it may, somebody please tell me how this guy was ever able to become a psychology fellow at Yale University Medical School with such slim qualifications!  He's not even a member of the American Psychological Association, although he appears to be affiliated with the infamous AFCC and he is a member of the Connecticut Bar Association without being a lawyer.  I mean, why get picky about whether you have a J.D. or not! 


So tell me how this guy is able to walk into courtrooms here in the State of Connecticut and change lives forever on the basis of a diploma that is of such poor quality? 

Who is in charge here? 

Who is at the wheel to see that the experts who provide testimony in Connecticut Family Courtrooms meet some basic standards in terms of professional capability?

I have left messages with Dr. Eric Frazer at his office at Westport and also with the Chairman of the Department of Psychiatry at Yale University Medical School.  If either returns my call and provides me with additional information, I will certainly include their responses in this posting.  So far that hasn't happened. 

P.S.

Dr. Eric Frazer is now associated with Dr. Linda S. Smith in their mutual business Child Custody Analytics which is listed as being in practice from September 2014 to the present.  For those of you concerned that you might face false charges of PAS, I'd stay away from these guys. 

 

Friday, October 17, 2014

HECTOR MORERA RESPONDS TO SMEAR POST FROM CT LAW TRIBUNE RE GALS!


 
Obviously the person(s) who wrote this story ["Misplaced Furor Over Guardians Ad Litem"] did not listen or listen carefully to the Public Hearing Testimony from January 9, 2014 and March 31, 2014 before the CT Legislature.

I was told that this story was not written by the CT Law Tribune staff but by some outside authors. If that is the case, then the newspaper should correct their byline to NOT mislead the public into believing that the contents of the article are the position of the CT Law Tribune.

I‘ve court watched over 30 cases this past year, many after the passage of PA 14-3 and despite promises of change by Chief Justice Rogers, I continue to see violations of case law, Practice Book and basic protocol with respect to GAL‘s.

I realize litigants can be unreasonable at times. I will not deny that, but GAL‘s and Attorneys are responsible for their own conduct. They can NOT use litigant misconduct as an excuse to break rules.

The State Legislature has gone to great lengths to create statutes that provide guidance in Family Matters. Some of these statutes require further revisions to clarify serious abuse of judicial discretion such as in the misuse of Supervised Visitation, improper use of Reunification, ADA violation, etc., but there are many others which are simply overlooked by the courts.

The Judicial Branch has placed many publications on their website (sadly they do not advertise this well enough to many litigants for some reason). These publications provide guidance also which many judges ignore. We live in a common law state, It is very frustrating to be told by a judge that they refuse to follow case law.

Numerous, indisputable violations of Criminal Statutes and Rules of Professional conduct by the GAL‘s have been brought to the attention of the Statewide Grievance Committee and State‘s Attorney but NO GAL has been sanctioned or disciplined, nor have criminal charges ever been pursued.

Again, as I stated many times before I gladly will welcome anyone to discuss this matter with myself as I have talked to hundreds of persons about their horror stories. 1, 2 or a handful of stories can be attributed to human mistake, NOT hundreds. And this is a nationwide problem. I routinely meet with a group out of NY/NJ and they reinforce my position that this is a systemic problem, not just a few rogue individuals.

And the "good" attorneys fear losing their livelihoods if they point out the misconduct. If the good GAL‘s are upset that they are getting caught in the cross fire, then rather than attack persons with legitimate complaints, they should join ranks with those who wish to minimize the rampant misconduct.

Thank you.

Hector Morera
Glastonbury, CT
917-821-6951

Thursday, October 16, 2014

THE CT LAW TRIBUNE CALLS VICTIMS OF GAL ABUSE LIARS!

Below is the complete text of The Connecticut Law Tribune's recent article in regard to Guardian Ad Litems in which The Tribune denies the reality of the experiences of those who have been abused by GALs.  See below:
 
"A guardian ad litem is a person who represents children in contested divorces where the parties—the parents—cannot agree on custody of the children. In order to be a GAL in Connecticut one must go through a lengthy training process. Every prospective GAL, even attorneys who have extensive experience in child custody matters and training in child development, must go through the training, as well as periodic updated training.
 
It is a given that the GAL's job is not an easy one. Divorcing parents often lose perspective in the course of ending their marriage; emotions take over where better judgment used to rule. Parties to a divorce sometimes forget their responsibilities as parents and let their bitter disagreements with each other spill over into the lives of their children. These children are already distressed by their parents' divorce and the huge changes that the divorce will undoubtedly cause in their own lives, often including changes in residence, school, and family income, not to mention emotional upheaval.
 
Enter the GAL. In the midst of what can be a bitter battle, the GAL's job is to understand the situation, get to know the children, and speak for them. The GAL represents the best interests of the child when the parents are not doing that. In the course of doing that job, the GAL is lobbied by both parents, intent on getting or retaining control of the children, or perhaps intent only in defeating the other parent. Good, responsible parents do not let their divorce affect their children any more than is absolutely necessary. But other parents, too intent on their own interests, fight fierce divorce battles, not understanding, or perhaps not caring, what collateral damage is being done to their children. The children are caught in the middle of this battle, and so is the GAL.
 
In recent months, some parents have railed out against both GALs and judges in family courts, alleging abuses by both. Perhaps some of their accusations are true, but many, probably most, are not. GALs do important work, and are rarely paid at rates that reflect either their experience or their value. The furor against them has resulted in action by the state Judicial Branch to regulate pay for GALs. The new sliding scale for paying GALs will not solve the problem and it puts a burden on the system that should not be necessary. The new fee schedule appears likely to reduce the fees paid to many GALs; it will not be surprising if, as a result, many former GALs decide to abandon that role.
 
The complaints about GALs at this time appears to us to be largely unjustified. Most GALs are hard-working attorneys who do this work because they believe that it is important and that they can help children avoid some of the damage frequently caused by their parents' divorce. It should be remembered that if divorcing parents handled their divorce in a manner that protected their children, no GAL would be required."