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Showing posts sorted by relevance for query rosa rebimbas. Sort by date Show all posts
Showing posts sorted by relevance for query rosa rebimbas. Sort by date Show all posts

Saturday, April 18, 2015

MORE HARTFORD COURANT COMMENTARY ON ATTACK ON REP. MINNIE GONZALEZ!

According to Christopher Keating of The Hartford Courant,

"State Rep. Minnie Gonzalez says it's over.


Gonzalez, a Hartford Democrat, vaulted into the headllines this week after writing a highly critical email to Rep. Rosa Rebimbas, a Naugatuck Republican who serves as the committee’s ranking House member. The email dust-up led to a Republican filibuster in the judiciary committee and the failure of 45 bills that had been on the agenda - as the committee failed to take any action by its deadline.

But Gonzales said she is ready to move forward - with no hard feelings and no spillover effects as the legislature heads into the final six weeks of the session.

"For me, this is over,'' Gonzalez told The Courant in an interview. "It's over in my mind.''

The email related to a public clash between Gonzalez and Rebimbas during the previous week over the re-nomination of State Supreme Court Chief Justice Chase Rogers. The Rogers hearing spilled over into a series of issues, incuding the role of guardians ad litem who are appointed in highly contentious divorce cases."


For more information on this article, please click on the link below:

Wednesday, January 18, 2017

MICHAEL NOWACKI TO REP. ROSA REBIMBAS, "YOU LIED!"

BY EMAIL:

Wednesday, 
January 18, 2017 
1:55 PM




Rep. Remimbas:

You lied to the public today on CT-N when you said you have the ability to review public records on-line about a judge to evaluate the authenticity of testimony.

Transcripts of court proceedings are not readily available on line and your comments were disingenuous.

You and your colleagues as lawyers have ZERO credibility in the fawning which I am watching on CT-N today regarding judges re-confirmation hearings today in the House.

When my house sells in Connecticut, I may need to reside somewhere for two years and will expose you by taking residence in your district to reveal your conflicts of interest in having been appointed by Judge Bozzuto as a GAL when she was first appointed to the bench.

We will continue to expose you and the other lawyers on the judiciary who don't allow transcripts to be shared on line on the judiciary website to refute the sworn testimony of judges at public hearings.

I have a bag of marshmellows here in my home for a reason today---to toss them at the screen when legislators like Labriola and you stand up and lie to protect  judges who deliver knowingly false testimony under oath.

There is a reason why we call Connecticut--Corrupticut--to honor your personal enduring legacy which is causing people to leave the State---30,000 of them last year.

In your entire time of voting on judicial confirmations which I have observed for the last sic years, I am still waiting for you to oppose an re-nomination---even on Judge Parker.

We have no respect for you and your legal colleagues on the judiciary committee who you allow to perjure themselves under oath without consequence.

It is time for citizens to expose you for your undisclosed conflicts of interest.

Look for my LTE in your weekly newspaper exposing your mis-statements about "your access" to public records to review "difficult cases".

Sincerely,

Michael Nowacki
New Canaan, CT

Thursday, January 30, 2020

SUPPORT THE CHILD SAFETY FIRST ACT!

TODAY

EMAIL AND CALL THE CONNECTICUT JUDICIARY COMMITTEE MEMBERS 

TO SUPPORT 
THE CHILD SAFETY FIRST BILL


58,000 Children a Year are Awarded Into Custody with An Abusive Parent

Are you a mom or know a mom with children in the middle of a divorce or separation in family court who is fighting for custody of their children to keep them safe and protect them from abuse?

Let our Connecticut Judiciary Committee members know (EMAILS AND PHONE NUMBERS below) you want them to support the introduction of Senator Alex Bergstein’s (Greenwich, Stamford, New Canaan) Child Safety First bill this legislative session. Please use "Support the Child Safety First Bill" in your Subject Line.


Dear Representative …………….,

Why Do We Need the Child Safety First Bill in Connecticut?
DV and abuse exists across our state; DV and abuse pose an unacceptable and disproportionate threat to the health, safety and wellbeing of women and children; DV and abuse has been under-reported and under-recognized in our family court system; “high conflict” divorce cases often involve DV or abuse; the State of Connecticut has a duty to ensure the safety of all its citizens, especially children; House Congressional Resolution 72  encourages states to prioritize DV and abuse as the first factor considered in determining the “best interests of the child” in custody cases.
  • It is often legitimate for the partner of an abusive parent to try to protect the children from exposure to abuse, or to try to secure his or her own safety from the abusive partner by limiting that partner's contact with the children. Court appointed lawyers and psychologists do not have adequate DV training and are not able to distinguish appropriately protective behavior.  
  • The abuser blames the victim and claims parental alienation, that she was turning the children against him by alienating the children with false claims he was abusing them.  The court does not understand and/or acknowledge that the children are resisting being with their emotionally abusive parent who scares them. 
  • According to the American Psychological Association, abusive fathers file for sole custody more often than fathers who have no history of DV. Since 99 percent of DV victims also face some form of financial abuse, abusers tend to have more money and thus more access to legal resources than the women fleeing their abuse. That gives them an advantage in the courts that makes them just as likely, or even more likely, to gain custody.
Call Senate Dems: (860) 240-8600, Senate Republicans (860) 240-8800, House Democrats (860) 240-8500, and House Republicans (860) 240-8700.  OR EMAIL:

Please use "Support the Child Safety First Bill" in your Subject Line.

THE  CHILD SAFETY FIRST BILL
AUTHORED BY SENATOR ALEX BERGSTEIN

  1. The statutory definition of “domestic violence and abuse” is revised to include a history or pattern of coercive, controlling behavior including, but not limited to, physical violence, sexual assault, financial abuse, litigation abuse and psychological abuse including, but not limited to, isolation, stalking, harassment, intimidation and threats regarding the safety of a person or the safety of or access to that person’s 
    children. “Domestic violence and abuse” does not include the justified use of force or flight to protect oneself or others in response to abuse or violence. 
  2. In legal proceedings regarding child custody, domestic violence and abuse will be the first factor assessed by the court, before all other factors, in determining the “best interests of the child.” 
  3. In hearings regarding domestic violence or abuse, a court may only consider valid scientific evidence or testimony from qualified professionals with experience working with victims of domestic violence and abuse that meet admissibility standards. 
  4. A presumption against custody will be made for any parent with a history or demonstrated pattern of domestic violence or abuse or any parent who has sexually abused a child. 
  5. If a parent is found to have committed domestic violence or child abuse, that parent shall pay the attorney’s fees and all other court-related expenses of the other parent. 
  6. The legal standard for protective orders shall recognize forms of domestic violence and abuse that endanger the safety or restrict the agency of a person or children. (Refer to the new statutory definition in #1.) 
  7. The State shall provide legal assistance for all victims of domestic violence and abuse to help them complete protective order affidavits and other legal forms. (Legal assistance increased the likelihood of obtaining a protective order by more than 50%.) 
  8. Courts shall restrict frivolous or excessive motions in family court. When divorce cases approach 100 motions, additional motions shall be subject to review and approval before submission. “High conflict” cases should be diverted to a specialized court that recognizes litigation abuse and obstruction and holds parties in contempt for not disclosing financial or other critical information or following court orders. (A small number of “high conflict” cases consume a disproportionate amount of judicial resources. This specialized court would prevent litigation abuse and resolve cases faster.) 
  9. Reopen the Office of Victim Advocate and fund it adequately to support all victims across the state through the legal process. 
  10. Review and approve all judicial education programs to ensure that abuse is recognized and not rewarded. Allow only experts with a demonstrated history of working with Domestic violence and abuse victims to be the educators on this subject. 

Monday, October 24, 2016

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

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

Why?  

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

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

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

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

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

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

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

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

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

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

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

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

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

How is that possible?  I have no idea.  

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

I just do not understand that.  

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

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

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

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

More on this case in Part II.

Sunday, April 26, 2015

OP-ED IN THE HARTFORD COURANT CHALLENGES THE NEWSPAPERS SHALLOW COVERAGE OF REP. MINNIE GONZALEZ INCIDENT!

The Op-Ed in The Hartford Courant states as follows:

"An April 15 Courant editorial shamelessly accused state Rep. Minnie Gonzalez, D-Hartford, of disgracing the House based upon comments in a private email ["Disgraceful Display"]. 

The Courant's vitriol missed the target and absolved the culprits. It was Rep. Rosa Rebimbas, R-Naugatuck, whose petulant hissy fit and overreaction to the email halted the legislative process..."

For more on this story, click on the link below:

http://www.courant.com/opinion/op-ed/hc-letter-lopez-wrong-to-scapegoat-gonzalez-20150420-story.html

Tuesday, July 25, 2017

NEW STANDING COMMITTEE ON GALs AND AMCs IN FAMILY MATTERS TAKES SHAPE!

The April 2017 Addendum on the Judicial Branch Family Court Initiatives reported that the CT Judicial Branch would establish a Standing Committee on Guardians Ad Litem and Attorneys for the Minor Child in Family Matters. The Committee is the result of a change to the Connecticut Practice Book dated June 24, 2016 listed under Sec. 25-61A.  For the exact wording of this section of The CT Practice Book, please see the link below:

https://www.jud.ct.gov/Committees/GAL_AMC/PB25-61A.pdf 

Recently, I was taking a look at the CT Judicial Branch Website and found out that the Committee has now been established.  Its first meeting was held on Thursday, June 15, 2017 at 95 Washington Street.  According to the information provided on the CT Judicial Branch Website, the purpose of this Committee is as follows:

Saturday, November 5, 2016

MS. PAIGE STVAN: VICTIM OF DOMESTIC VIOLENCE AND FAMILY COURT ABUSE, PART V!

On Febrary 12, 2005, Ms. Paige Stvan's then husband, Mr. Thomas Stvan, yelled at her, telling her to "shut the fuck up", told her that she was "worthless" and continued to call her all sorts of names. Finally, he became extremely violent, grabbed a glass from her hand and crushed it on her head."  To protect herself, Ms. Stvan threatened to call the police, at which point her ex left the apartment and for some reason only known to him went to the police to preemptively report himself.  He was immediately arrested and an order of protection was issued on Ms. Paige Stvan's behalf.  

Needless to say, Ms. Paige Stvan is a victim of domestic violence.  This observation has been backed up by mental health professionals as follows:

Dr. Linda Gunsberg on Paige Stvan, "She has been going through a divorce and re-litigation until now and there is no end in sight.  Her ex-husband...is ruthless and will only stop when he has totally devastated Ms. [Stvan] financially and emotionally...As a result of this abusive marriage and endless Court appearances, Ms. [Stvan] is not only the victim of Domestic Violence, but also suffers from PTSD.  She lives in constant fear of what her ex-husband will do to her and her [child] next."  

Dr. Gunsberg's diagnosis?  Spouse Violence, Physical: V15.41 and Spouse Abuse, Psychological:  995.82.

Social Worker Ashley Adamson, "Ms. [Stvan] presents with a traumatic history of abuse and neglect [which includes] continuous Domestic Violence since her marriage to Mr. Thomas Stvan...With this in mind, treatment has focused on helping Ms. [Stvan] to understand how her past experiences with emotional and physical violence have impacted her current relationships...and to process...her sudden separation from her child after acting as the primary caregiver for the past twelve years."  

Ms. Adamson commends Ms. Stvan on her ability to "continue to advocate for herself despite constant accusations and hostility from her ex-husband."  

So how does it end up that at the same time that Ms. Paige Stvan receives treatment as the victim of domestic violence and remains currently a client of one of the State's well known domestic violence centers, Judge Gerald Adelman has Ms. Paige Steven down as a perpetrator, not a victim?  Let me make a stab at providing an answer to this puzzling phenomenon.  

Of course, we are all now well aware that the State of Connecticut has the highest dual arrest rate in the nation.  However, in addition to this, Ms. Stvan's case points to a  situation that has been well documented, for example, in a Forbes article by Jeff Landers who reports that abusers are "upending domestic violence laws" in order to get the upper hand in divorce.  As Landers put it, "this ploy is just as ugly as it sounds", "some men..[are getting their wives who are actually the victims] arrested, prosecuted and even sentenced as abusers."  Such men have learned to "reshape domestic violence laws into another weapon of abuse."  

In particular, the Women's Justice Center has posted information about how tougher domestic violence laws have inadvertently resulted in skyrocketing arrest rates of women for domestic violence to the point where arrests of women for domestic violence are now 30 to 40 percent greater than before.  

Another striking point this organization makes is that despite the higher arrest rates, the conviction rates for men versus women remain essentially the same.  While 90 to 95% of males arrested end up being convicted, only 6% of arrested women are convicted, essentially because there isn't sufficient evidence. Basically, they are innocent. According to the Women's Justice Center, this means that "in a significant number of these cases, the officers are mistakenly arresting the victim of domestic violence and not the perpetrator."  

In Ms. Paige Stvan's case this appears to be exactly what occurred.  

I have looked at a considerable amount of the documents filed in the Stvan v. Stvan case.  What strikes me in general is how, at every juncture, Ms. Paige Stvan sought co-parenting therapy, suggested mediation, spoke out about resolving conflicts between the parents for the best interests of the child, attempted to avoid confrontations, avoided calling the police or in any way attempting to get her ex in trouble.  

In contrast, Mr. Thomas Stvan used every single opportunity he could find to report Ms. Stvan to authorities whenever he had the chance.  Simply reading one of his court motions demonstrates an individual who is condemnatory at every turn, mean spirited, harsh, judgmental and blaming.  This is hardly how you speak in regard to the mother of your child, particularly the one who, for the better part, has almost single handedly raised her for 12 years.  

Going beyond that, there is the record of the case itself when it comes to economic abuse.  Clearly, the Stvan's were used to a wealthy style of life.  They had an apartment close to Central Park worth at least $1 million, most likely considerably more.  Mr. Stvan earned a six digit salary while working in the publishing industry for 30 years, and clearly had some family money which helped make their lives even more comfortable.  Ms. Paige Stvan was primarily a homemaker who took care of their child.   

Mr. Thomas Stvan's financial position was sufficiently solid that, at the time that the couple separated in 2008, the Court felt it was reasonable for him to pay monthly support of $4,500 as well as the mortgage for their apartment (As a side note, the couple obtained a legal separation in 2008, and then divorced in 2013).  The agreement also included a provision that would allow Ms Page Stvan and her child to remain in the apartment until the child turned 18.

Still, in the years leading up to that financial agreement and subsequently, Mr. Thomas Stvan regularly withheld and randomized these payments, making sure that Ms. Paige Stvan and her daughter's lives were perilous and uncertain.  Ms. Stvan could never be sure when her ex's failure to pay would lead her to default on her mortgage, when the lack of financial support, or a circumstance where her ex's decision to empty out the bank account, would force her to lean on her credit cards.  

Then Mr. Stvan met and presumably married his current wife, an attorney who worked in civil litigation and who is now a real estate investor.  From then on the situation went from bad to worse.  Starting in 2012, Mr. Stvan returned to court and asked to have his financial obligations to Ms. Paige Stvan lowered.  From that time on, the Court lowered and lowered his obligation until in 2015 it was reduced to nothing.  His way of doing this was the always the same.  Each time Mr. Thomas Stvan would report Ms. Paige Stvan to the police for one concocted excuse or another, and then he would simultaneously go to Court to request a reduction in his payments and, due to his repeated, yet unfounded, claims of being a victim, he would end up being successful.  He also continued to harass Ms. Stvan by repeatedly requesting that the police make wellness visits to check up on their daughter, as well as reporting her to CPS.

As a consequence of this constant emotional and financial pressure, naturally, Ms. Paige Stvan ended up in counseling.  Once that was so, Mr. Stvan then began to use the fact that she was in counseling to accuse her of mental illness in all of his Court documents.  At every court hearing, whenever the police were called (and Mr. Stvan called the police frequently), at every CPS investigation, Mr. Thomas Stvan would tell elaborate stories about how he was a victim of domestic violence and how his ex wife was seriously mentally ill, and with every hearing these stories would become more and more elaborate.  Since Mr. Thomas Stvan was not required to provide any documentary or testimonial evidence to support his lurid tales, he simply got away with it, and one success inevitably built upon that next.    

In one situation, on February 8, 2013, Mr. Stvan had Paige Stvan arrested by claiming that she had broken his glasses and headphone during an argument outside their apartment building.  What is interesting is the wording of the complaint where the police officer stated repeatedly, "I am informed by Thomas Stvan".  There was nothing in the report to indicate that police had checked with Ms. Paige Stvan to obtain her side of the story, and her perspective wasn't included in the report. 

As it turned out, in that situation, because Thomas Stvan insisted upon pressing charges, police handcuffed Ms. Paige Stvan's wrists in front of her daughter before she was taken to the police station.  Then when they arrived at the police station, Mr. Stvan informed the police that his ex-wife had mental illness and so the police, as a matter of regulations, handcuffed her feet as well.  Then since it was Friday and the Court wasn't in session until Monday, Ms. Stvan was then held in a prison cell for the entire weekend.  

Predictably, these charges were ultimately dropped.  On another, very similar, occasion Mr. Thomas Stvan had Paige Stvan arrested for not obeying a court order she'd never seen before, and that the judicial marshal had not even delivered to her yet.  This is the power of Mr. Thomas Stvan to persuade people to do his bidding.  Later, again, these charges were dropped.

However, the fact that the Court decided not to follow up by prosecuting these incidents doesn't appear to matter.   Mr. Thomas Stvan could now claim, as he did in subsequent court hearings, that Ms. Paige Stvan had been previously arrested for domestic violence against him, and for disobeying court orders.  At the behest of Mr. Thomas Stvan, after the 2013 incident, based upon mere allegations, the Court granted Mr. Thomas Stvan a restraining order, custody of his daughter and supervised visitation for Ms. Paige Stvan until the outcome of a CPS investigation, which of course, he instigated by claiming his daughter was present during the incident when, in fact, she hadn't been.  During the entire incident the child was inside the apartment building far away from where it took place.  Of course, it didn't seem to bother police or Mr. Stvan when Paige Stvan was arrested and placed in handcuffs in front of the child.

Again, at that time, during the CPS investigation, caseworkers heard ominous reports of Ms. Paige Stan's mental health status and tendency towards violence from Mr. Stvan, all of which were ultimately found insignificant as Ms. Paige Stvan's parental rights were fully restored five months later.  

Of course, even if Ms. Stvan was cleared of allegations of child abuse, this did not stop Mr. Thomas Stvan from telling the court during his next hearing that his ex wife had been investigated by CPS for child abuse.  

Interestingly enough, when you look at the timing of these attacks on Ms. Paige Stvan they usually parallel a situation where Mr. Thomas Stvan wanted to force Ms. Stvan into an agreement she might not want to sign.  For instance, the arrest and destructive aftermath of the alleged incident re the eyeglasses occurred when Mr. Stvan sought to force Paige Stvan to agree to the sale of her apartment.  A month after Paige Stvan signed the sale papers, she got her daughter back.  

If I can see this pattern so easily, I'm not sure why it is so hard for Attorney Rosa Rebimbas to see it if she makes a proper investigation.  I saw it and nobody's paying me thousands of dollars to figure it out.  

I also want to make the observation that it appears to me that men obtain restraining orders for frivolous reasons, in contrast to women for whom judges raise the bar very high.  For instance, in the arrest on February 8, 2013 the allegation was "Paige broke my glasses."  On June 25, 2015, Mr. Thomas Stvan obtained another restraining order by claiming Ms. Paige Stvan made a few off color remarks to him.  

Do folks remember how Arianne Oyola was unable to obtain a restraining order after reporting that the father of her child pushed and shoved her, violated a prior restraining order twice, threatened to kill her, dismember her body and destroy it with acid, and interfered with her access to her child?  Now that is a credible domestic violence complaint, not the silly nonsense Mr. Thomas Svan came up with.  You have to have a child tossed off a bridge to his death to remind Judges of their responsibility towards women experiencing intimate partner violence.  Men, however, all they have to say is, "She gave me a boo boo." and court professionals roll out the red carpet.  

Throughout this process, Ms. Paige Stvan was represented by a series of attorneys who did nothing to defend her and sucked out of her as much money as they could get without lifting a finger.  This is also a very common experience that abused women have.  While many attorneys will work for men on a sliding scale or establish a payment agreement, for women, particularly those dealing with domestic violence, attorneys want all their money in cash up front.  This gross disparity in the quality of legal representation speaks volumes in regard to why intimate partner violence persists and why so many thousands of women remain trapped in these abusive relationships.  In this situation it affected a vulnerable mother and child who had no defense from a legal system that refused to enforce the law and ensure their safety and wellbeing.  

In his final act of abuse, on September 25, 2015, Mr. Thomas Stvan wrested their child from Ms. Paige Stvan's custody during a rigged legal proceeding where the mother was denied an evidentiary hearing, and then cut off from all access to her child.  As Ms. Stvan explains, during their entire marriage, Mr. Stvan was always able to control her because he would threaten to take her child and never let her see the child again.  As it turns out, even though Paige Stvan did all she could to cooperate with her ex, this is exactly what he did.  

Mr. Thomas Stvan claims that he is the victim.  But how could that be true?  He is the one who no longer has to make any support payments to his ex wife a mere two years after their 2013 divorce.  He is the one who now has sole custody of their child and has been able to cut the mother off from all access.  Only abusers do stuff like that. 

Friday, October 28, 2016

A MISCARRIAGE OF JUSTICE: HOW FAMILY COURT BULLIED PROTECTIVE MOTHER, PAIGE STVAN, AND CUT HER OFF FROM THE DAUGHTER SHE LOVES, PART III!

The custody proceeding that cut Ms. Paige Stvan off from all access to her daughter is most notable for its complete lack of due process and judicial integrity.  The resulting miscarriage of justice consisted of the following elements:

THE LACK OF AN EVIDENTIARY HEARING: 

Ms. Paige Stvan lost all access to her daughter in an ex parte custody proceeding.  So let's look at the Form JD-FM-222, the document that must be filled out in order to obtain the kind of ex parte change of custody that Thomas Stvan requested and received. On the last page of this document there is a notation that 14 days after the ex parte motion is granted there must be a proper evidentiary hearing with both parties present where the respondent has a chance to defend herself from the charges leveled against her.  Thus, the following statement at the end of the form:

"The court orders that a hearing be held at the time and place shown below, which, if relief on the application is ordered ex parte, shall not be later than 14 days from the date of such order for hearing."  

As it turned out, the ex parte motion was granted on September 25, 2015 and there was a hearing scheduled for October 8, 2015.  However, on that day, there was no hearing on the legitimacy of the ex parte order for a transfer of full custody from Mother to the Father, Mr. Thomas Stvan.  At no time during the October 8, 2015 hearing did Judge Gerald Adelman  address the issue, or allow Ms. Paige Stvan to present evidence or testimony in order to challenge the change of custody that occurred with the ex parte motion.  In effect, the Court simply ignored the legal requirement of an evidentiary hearing on the matter and, indeed, there never was such a hearing.

THE LACK OF COMPLIANCE WITH THE ADA:

In addition, if you look at the upper right hand side of the Form JD-FM-222 re an exparte motion there is a notification regarding the ADA which is as follows:  "The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gov/ADA."  

The important point to note here is that once the Superior Court had identified Paige Stvan as a person with a disability, which it had by granting Mr. Thomas Stvan's ex parte motion, it had the obligation to make sure that Ms. Stvan had access to the ADA Designated Responsible Employee, and also that she had the opportunity to make arrangements for her reasonable modifications in order to have access to the legal proceedings.  This was not done.  To all intents and purposes, this means, in other words, that Ms. Stvan was essentially excluded from the legal proceedings.  

Even worse, from the report Ms. Stvan has given to me, even though she repeatedly requested ADA modifications, ADA contact people at the Courthouse repeatedly evaded her inquiries and denied her requests.  

This is simply illegal.  

If the Judicial Branch is going to state on every document it produces that it will comply with Title II federal ADA law, it really needs to do so.  

Returning to Judge Gerald Adelman's January 8, 2016 memorandum, one of the grounds that Judge Adelman cited as a reason that he decided to cut Ms. Paige Stvan off from all access to her daughter is that Ms. Stvan did not comport herself properly in Court.  As he put it, "the defendant had repeatedly demonstrated an inability to control herself requiring the court to stop the proceedings many times to remind her of proper courtroom decorum."  I did not see that when I read the transcripts, but be that as it may.  You have to ask yourself, was that before or after Judge Adelman told Ms. Stvan that she would never be able to see her child again.  I am aware that, at one point, the proceedings had to be stopped because Ms. Stvan burst into tears and had to leave temporarily.  I suppose Judge Gerald Adelman found that behavior outrageous.  

However, I don't recall seeing any CT legal statute that states showing "proper courtroom decorum" is a requirement for being a parent.  In fact, I've seen all sorts of parents walking into family court, some with their pants falling down, others with their midriffs showing, some chewing gum, many who directly argue with the Judges at length and challenge their decisions. These people don't lose custody because of that behavior. So why is Judge Adelman making demands on Ms. Stvan regarding decorum that are not made of other litigants, and that are independent of the law!  

More important, it is a standard complaint of Court personnel who are dealing with folks who have disabilities that people with disabilities lack decorum during legal proceedings. It is standard for Judges to find fault with the person and demeanor of individuals with disabilities because they do not understand what is going on with a person who has a disability, particularly when it is an invisible disability.  This is why Courts are required to offer these reasonable modifications under Title II of Federal ADA law as promptly as possible as soon as either side raises the issue of disability.  This Judge Adelman did not do.

Eventually, on December 4, 2015, Ms. Paige Stvan was finally able to figure out how to access her reasonable modifications, and the first request she had was the opportunity to have a person sit next to her and take notes during court proceedings.  However, the ADA advocate she hired soon quit because the Court treated her so badly she left.  This is the point where Ms. Elizabeth Richter signed up to work as Ms. Stvan's advocate, but she chose to withdraw as well for the same reason stating, "The atmosphere of family court is so hostile towards Certified ADA Advocates that I simply cannot provide the kinds of necessary services that my client needs."  

What this means, basically, is that, according to the law, the entire time that Ms. Paige Stvan has been going to family court regarding this matter, all the legal proceedings have been null and void.  

So the problem here isn't Ms. Stvan's demeanor, the problem is Judge Gerald Adelman's ongoing failure to comply with ADA law.  This has excluded Ms. Paige Stvan from even the barest modicum of due process in regard to these legal proceedings.  

THE DENIAL OF THE RIGHT TO LEGAL COUNSEL
UNCALLED FOR CHARACTER ASSASSINATION

Not only were there very basic violations of ADA law and fundamental due process in Stvan v. Stvan, Ms. Paige Stvan was also denied her right to legal counsel which fundamentally undercuts the legitimacy of the legal proceedings in her case. Also, her own attorney slandered her reputation without any justifiable grounds and wrongly compromised her legal position.  The story of how this happened is as follows:

Five days after the ex parte change of custody to the father, on September 30, 2015, Ms. Stvan's attorney, Christopher Brennan, filed a motion to withdraw.   He then scheduled this motion to withdraw for October 8, 2015, the day which  was supposed to be for the hearing on the ex parte motion.  In order to avoid an evidentiary hearing on the motion to withdraw, and to evade any accountability from his client, Attorney Christopher Brennan requested a Matza Hearing in order to withdraw from the case.  What is interesting is that, Attorney Brennan didn't say anything about needing a Matza Hearing in his motion to withdraw, so it came as a complete surprise.  This meant that Ms. Stvan had no opportunity to prepare for such a hearing.  The first time the Matza hearing got mentioned was in Attorney Brennan's opening statements on the the day of the hearing.

You've never heard of a Matza Hearing?  Well, neither had I before I read the transcript of the October 8, 2015 hearing and I'm sure neither had Ms. Paige Stvan!  She and I were completely clueless, as I am sure Attorney Brennan knew we would be.

I had to dig really deep and spend a several hours on research before I figured out what a Matza hearing is. This is the story--and by the way, this has nothing to do with passover (a Jewish attorney friend of mine had to make that joke!)  

The Matza Hearing arises from the case of Richard A. Matza v Jane W. Matza 226 Conn. 166 (1993).  In this case, the Defendant, Jane Matza attempted to implicate her attorney in hiding approximately $196,000 from the Court by falsifying her financial affidavit.  Her attorney then wrote up a sealed affidavit to this effect and discussed the matter with the judge in chambers, who then allowed the attorney to withdraw from the case. This ultimately led to a situation where the defendant, Jane Matza, was forced to represent herself.   

Once the case was concluded and the results were not to Jane Matza's liking, she appealed stating that she had been denied an evidentiary hearing in regard to the withdrawal of her attorney and she objected to the in chambers hearing which occurred instead and did not allow her to present her side.  

The case ultimately went to the Supreme Court which, in its decision, quoted rule  1.16 (b) which states that "a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client..."  However, one of the exceptions to that rule kicks in if "The client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent..."  

The question the Court was faced with is, if an attorney has a reasonable basis for believing that his or her client might be engaging in something criminal or fraudulent, is Superior Court required to hold an evidentiary hearing in order to confirm the factual underpinnings of the attorney's claim.  In Matza v. Matza, the Supreme Court stated that there is no need for such an evidentiary hearing, because the claim doesn't have to be proven in full;an attorney merely needs to establish that he has a reasonable belief that it is credible.  The Supreme Court pointed out that Jane Matza knew what she was accused of and never attempted to dispute the truth of it.

What Attorney Christopher Brennan did, therefore, by requesting a Matza hearing, is essentially indicate to the Court that he had a reasonable belief that Ms. Paige Stvan was intending to do or had done something criminal or fraudulent.  Of course, Ms. Stvan had no idea that this is what he meant and she was completely unaware that she was being accused.  Since she had no idea she was being accused, she had no idea that she needed to defend herself, and certainly she had no idea what it was that she was supposed to have done!  Talk about a complete denial of due process!  Then, merely by requesting the Matza Hearing, he proceeded to  convey to everyone involved in the case that Ms. Stvan was a person of poor character capable of doing something either criminal or fraudulent.  How more damaging to his own client can this behavior get, and how more unethical could he be?  How is Paige Stvan supposed to find another attorney to represent her with this kind of unresolved accusation hanging over her head?

At this point, the Matza case and the Stvan case diverge. In the Matza case, the Defendant Jane W. Matza was well informed regarding the issue that led her attorney to withdraw.  In the Stvan case, Ms. Paige Stvan had no idea what was involved because her attorney never  told her and she was excluded from the in chambers hearing.  The Judge, Attorney Christopher Brennan and her ex-husband's attorney,  Nancy Aldrich were at the hearing, but Ms. Stvan was told to remain outside the room in the hallway.  This meant that while even Ms. Stvan's ex-husband and his attorney knew what Paige Stvan was accused of, no one saw fit to inform Ms. Stvan herself.  

Second, when the Judge in Jane W. Matza's case allowed her attorney to withdraw, he then granted a continuance in the case in order to allow Ms. Matza an opportunity to obtain alternative counsel.  In Ms. Paige Stvan's case, she was not given a continuance and she was not given additional time to hire another attorney to represent her despite the fact that some major decisions were made during that October 8, 2015 hearing.  

Further, how is Paige Stvan supposed to obtain alternative counsel when her attorney, Christopher Brennan, left her burdened with the implication that she either had or  intended to commit some criminal or fraudulent action in her case, the nature of which is completely unknown since the hearing on the accusation against her was all done behind closed doors.


The bottom line is that Mr. Thomas Stvan, his Attorney Nancy Aldrich, and the GAL, Attorney Rosa Rebimbas have made many claims in this case. However, their claims have never faced the challenge of an evidentiary hearing, which is legally required before such claims are acted upon.  Aside from their unfounded, unverified statements to the Court, which are hearsay, for the better part, there is nothing to justify or prove their claims.  

Meanwhile, Ms. Paige Stvan has been cut off from her daughter for over a year now independent of any legal grounds.  The injury this separation has done to Mom, Ms. Paige Stvan, and the emotional damage inflicted on her daughter as a consequence, are incalculable and will continue to unfold.  This case is and remains a disgrace and a moral blight on the State of Connecticut Judicial Branch.