Articles from November 2007



DV Judge puts 46 in jail because a cell phone rang in court

 I just received the following opinion of a Judiciary Commission that removed a judge for egregious acts while serving on the bench.  Reading through this case makes me wonder if the judges who administer these draconian Domestic Violence Laws become brutalized by the whole process themselves!  Certainly that would explain what’s described in this case.

In the Matter of the Proceeding Pursuant to Section 44, subdivision 4, of the Judiciary Law in Relation to ROBERT M. RESTAINO, a Judge of the Niagara Falls City Court, Niagara County.

THE COMMISSION: 

Raoul Lionel Felder, Esq., Chair

Honorable Thomas A. Klonick, Vice Chair

Stephen R. Coffey, Esq.

Colleen C. DiPirro

Richard D. Emery, Esq.

Paul B. Harding, Esq.

Marvin E. Jacob, Esq.

Honorable Jill Konviser

Honorable Karen K. Peters

Honorable Terry Jane Ruderman

                       

APPEARANCES:

Robert H. Tembeckjian (John J. Postel, Stephanie A. Fix and Edward Lindner, Of Counsel) for the Commission 

Joel Daniels and Mark Uba for the Respondent

The respondent, Robert M. Restaino, a Judge of the Niagara Falls City Court, Niagara County, was served with a Formal Written Complaint dated June 20, 2006, containing one charge.  The Formal Written Complaint alleged that while presiding in a Domestic Violence Part, respondent threatened to commit to jail and did revoke the recognizance release of 46 defendants when no one took responsibility for a ringing cell phone.  Respondent filed an Answer dated August 9, 2006. (more…)

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Radical Feminists and Domestic Violence Laws – They never stop!

http://www.humanevents.com/article.php?id=23613

Feminists Abuse Domestic Violence Laws
by Phyllis Schlafly
Posted: 11/26/2007Radical feminists have devised a scheme to cash in on the flow of taxpayer money in a big way. Their good buddy, Sen. Joseph Biden, D-Del., has just introduced Senate Bill 2279, called the International Violence Against Women Act.

The act earmarks at least 10 percent of its program funds to be granted to a certain type of women’s organizations. Biden’s press release identifies the favored groups: NOW’s Legal Momentum, Family Violence Prevention Fund, Women’s Edge Coalition, and Center for Women’s Global Leadership. (more…)

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Should mother who killed child get alimony?

I received this today from Bruce Eden.  I share his outrage with regard to this case.  I wish I knew a bit more about the history of this case, though.  Why, with her history, was she granted custody?  Evidently, the father had some money… the original award was over $3000 per month permanent alimony.  Generally, in a case like this, modification is not generally allowed, since the judges assume that the guy got some kind of consideration (property or something) to account for the agreement to the alimony.  That said, I still agree with everything Eden points about……. (full text of decision included below…

Bruce Eden said…..

It’s amazing that the NJ Appellate Division can’t figure out what egregious circumstances for noneconomic fault to eliminate alimony is:

“But we do not read the present statute nor the analogous case law to create that automatic disqualification. Rather, whether noneconomic fault constitutes “egregious circumstances” sufficient to deny or terminate alimony must be decided on a case-by-case basis. We hold that in the factual complex of this case Linda’s conduct, dreadful as it was, does not fit the Mani standard for non-economic “egregious circumstances” sufficient to deprive her of needed support. The contrary result would simply add additional punishment to her criminal conviction and incarceration.”

Amazing!!!!!  They do it for adultery, which is an egregious noneconomic fault.  What’s worse than a parent killing her child and making the other parent pay for her largesse afterwards?!?!?!

Maybe it’s time to seek impeachment of these appellate judges.

Bruce Eden, Civil Rights Director
DADS (Dads Against Discrimination)–New Jersey & New York Chapters

Christopher certified that Linda was an active and violent alcoholic who abused and assaulted him, at times with a kitchen knife and a hammer.”

Automatic, no brainer, child custody for mother by courts in New Jersey.

http://www.judiciary.state.nj.us/opinions/a5053-05.pdf

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-5053-05T1
CHRISTOPHER P. CALBI,
Plaintiff-Appellant,
v.
LINDA J. CALBI,
Defendant-Respondent.
_____________________________
Submitted January 18, 2007 – Decided
Before Judges Stern, Collester and Sabatino.
On appeal from Superior Court of New Jersey,
Chancery Division, Family Part, Bergen County,
FM-02-2855-00.
Christopher P. Calbi, appellant pro se.
Linda J. Calbi, respondent pro se.
The opinion of the court was delivered by
COLLESTER, J.A.D.
This sad case raises the issue as to whether a change of
circumstances resulting from the wrongful death of a child
caused by an alimony recipient terminates or reduces the alimony
obligation. (more…)

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Man vows to fight paternity statute

Man vows to fight paternity statute | Wilkes-Barre News | timesleader.com – The Times Leader

DNA proves child born to Mark Spaid’s ex-wife during their marriage was not his.

By Terrie Morgan-Besecker
Law & Order Reporter

It took 16 years, but the man who questioned whether he is the biological father of a child born to his now ex-wife while they were married has obtained DNA test results that prove he is not the father.

Mark Spaid, who had a vasectomy three years before the child was born, fought for years to prove the child was the product of his wife’s extramarital affair. But the court system rejected his request for a paternity test and required him to pay child support for years. (more…)

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More and more single dads

More and more single dads

The sun is peeking up outside the frosty window, but Lee Cody Wilson is already juggling at full speed in his Minneapolis apartment.

He’s ironing the white school shirts for his sons, 7-year-old Jontae and 4-year-old Jameeko. He’s handing a bottle of formula to Kennon, his 11-month-old daughter, in her playpen. Jameeko can’t find a shoe, so the search is on.

“Brush your teeth and gargle and then I’ll get you a Pop-Tart,” he tells the boys, dangling an incentive.

The hectic routine is one faced by an increasing number of fathers. As a single dad, Wilson is part of one of the fastest-growing segments of Minnesota’s population. By 2030, the number of single-father families is expected to climb 55 percent — from 6 percent of all households counted in the 2000 census to nearly 10 percent, according to state projections. It’s not certain why that number is growing, but it is clear that single dads often face additional challenges in raising a family. Surveys show they often have more employment and housing problems than the mothers of their children, as well as less education. (more…)

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Divorce Case raises Constitutional Question on Judicial Disqualification to California Supreme Court

 

‘s News releases

ORANGE COUNTY, CA

In an unusual twist an Orange County divorce case, which has already made its’ way through the Ohio Supreme Court, is now before the California Supreme Court. This time the issue is a constitutional one that may have more implications for criminal defendants and self-represented litigants than couples in divorce court.

The California Supreme Court Justices will be facing a decision about whether to hear a Petition for Review from Jeffrey Barth, an Orange County resident, who sought the disqualification of Orange County Superior Court Commissioner Thomas H. Schulte. However, the issue before the Supreme Court is much broader than whether or not Commissioner Schulte should be disqualified.

Initially, Commissioner Schulte declined to assert California jurisdiction and sent the case to Ohio. Mrs. Barth had taken the couples children to Las Vegas, Nevada and then flew to Florida and ultimately Ohio in an effort to keep custody of her children and avoid California jurisdiction. Last May the Ohio Supreme Court decided that Ohio did not have jurisdiction and the matter really belonged in California.

Commissioner Schulte continued to question his own jurisdiction and authority over the case. He openly criticized and questioned the Ohio Supreme Court’s decision and made a number of other unusual and bazaar comments in open court. A number of observers advised Mr. Barth that Commissioner Schulte’s attitude and rulings appeared to be biased. (more…)

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Taken Into Custody By Divorce

Good to see this excellent review of Stephen Baskerville’s breakthrough book.   I have also seen that people in the divorce “industry” itself, often judges, and also lawyers, are really beat up about the injustice that they realize they are inflicting on fathers. The problem is, as this review points out, no one knows what to do about it. The machine has become too big.  It now seems to have a momentum, a life, of its own.

Taken Into Custody By Divorce

BY Jennifer Roback Morse

Most Americans have made their peace with no-fault divorce, believing easy divorce to be an enhancement of individual liberty. But a new book by Stephen Baskerville argues that permitting unilateral divorce allows an unprecedented scope for government intrusion into ordinary people’s lives. Taken Into Custody has several breakthrough insights.

First, no-fault divorce frequently means unilateral divorce: One party wants a divorce against the wishes of the other, who wants to stay married. This fact means that the divorce has to be enforced. The coercive machinery of the state is wheeled into action to separate the reluctantly divorced party from the joint assets of the marriage, typically the home and the children. Involving the family court in the minutiae of family life amounts to an unprecedented blurring of the boundaries between public and private life.

People under the jurisdiction of the family courts can have virtually all of their private lives subject to its scrutiny. If the courts are influenced by feminist ideology, that ideology can extend its reach into every bedroom and kitchen in America. (more…)

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Why Dads Matter

http://www.zenit.org/article-20902?l=english

Why Dads Matter

Reports Show Children Need Presence of Both Parents

By Father John Flynn, LC

ROME, NOV. 4, 2007 (Zenit.org).- Children need more than ever the presence and guidance of fathers in family life. According to a recent collection of essays, a significant body of scientific research clearly documents the vital role a father plays in the formative years of a child’s life.

The book is titled “Why Fathers Count: The Importance of Fathers and Their Involvement with Children” (Men’s Studies Press). Sean E. Brotherson and Joseph M. White, the editors and authors of the first chapter, set the tone for the book with an overview of arguments regarding the importance of fathers for children. The presence of a father has a positive impact in many ways, they note, as children with fathers have fewer behavioral problems, obtain better academic results, and are economically better off. (more…)

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Are your children MORE important to you than all your other political Issues?

Two Questions for YOU. I really want to know YOUR answer!

1. Are your children MORE important to you than all your other political Issues?

Yes or NO.

2. If there was one candidate for President who would abolish all the Federal Funding that hurts your relationship between you and your children,…
would you vote for THAT Presidential candidate regardless of what the polls say,
or even if you disagreed with one or more of his issue positions ?


http://www.ronpaulforpresident2008.com/

Pass it on to two friends please.
William J. Wagener
www.OnSecondThought.TV

Host & Producer of
http://www.nhcustody.org/video/FathersWithoutRights567.wmv

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Taken Into Custody still gaining momentum

Taken Into Custody: The War Against Fatherhood, Marriage, and the Family

Just received this notice from Stephen Baskerville, the author.

Taken Into Custody has just been featured in two highly prominent blogs:  

Instapundit, one of the most widely read and influential political weblogs, posted a notice yesterday, November 3.

Dr. Helen Smith features the book in her current column “Should Men Get Married?”

TIC now has 19 reviews on Amazon — all 5 stars.

***

ACFC is still offering signed copies to raise funds for a publicity campaign.  The campaign has already been successful, but more needs to be done.  (Thanks to Mike McCormick and John Maguire.) (more…)

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