The Genocide of Battered Mothers and their Children

Mothers Loosing Custody: Kelly Rutherford on Her Ongoing Custody Battle, the Battered Mothers Custody Conference

In AMPP-American Mothers Political Party, Australian Mothers Political Party, Angry fathers, Battered Women, Domestic Violence, Maternal Deprivation, Abused Children, Abusers get Child Custody, Motherless children,, Case managers, Custody Evaluators,, Child Custody, Court Appointed Child Abuser, Fatherhood Initiatives, Guardian ad litem, Kansas, Kansas Courts, Leah Gagne, Ron Nelson, Sharia Law, “DADDY WELFARE” on April 23, 2013 at 11:36 pm

Kelly Rutherford on Her Ongoing Custody Battle

Kelly Rutherford Children Photo
Kelly has been locked in a bitter custody battle with her ex-husband since their divorce in 2010 and last
September a judge ordered the children to live with their father in France.
 

Kelly Rutherford writes from her heart on why her ongoing child custody battle represents a greater legal issue. We asked Kelly’s ex-husband, Daniel Giersch, for a statement on the show and his attorney, Fahi Takesh Hallin, responded, “Daniel Giersch continues not to comment publicly about the parties’ custody case, in order to protect the children’s privacy.”

I am sharing my story with the world so that no other mother has to experience the pain and suffering that I am going through. We have a flawed legal system and there needs to be a change.

Although I did everything within my power to facilitate a positive relationship between my ex-husband and our children, and although I traveled far and wide to facilitate a shared custodial arrangement with my ex-husband, a judge effectively deported my two (2) minor children to accommodate a man who had his VISA revoked, for reasons unknown.

Without any inquiry as to why my ex-husband’s VISA was revoked, the Judge forced my young children, both of whom are US Citizens to reside in France, even though the children have no relationship to France, nor is their father a French citizen. Although, NY was the only home my children have ever known and the children’s own counsel recommended that the children be allowed to stay in the United States with me, the Judge made a decision in direct contravention of expert opinion.

Although my children are US citizens, the fact that they reside in France places them in legal peril. The longer they remain in France, the greater the chance becomes that they are afforded the status of French residents. This is particularly dangerous because France is in no way obligated to respect and/or enforce judicial determinations made in US Courts. In essence, French officials could modify a custody and visitation decision at any time, without any legal recourse for me or my children. Change needs to happen now.

www.BatteredMothersCustodyConference.org

 

Video one here: http://www.katiecouric.com/videos/kelly-rutherford-custody/

Video two here: http://www.katiecouric.com/on-the-show/2013/04/19/kelly-rutherford/

 

Kelly Rutherford Photo
“Gossip Girl” star Kelly Rutherford sits down with Katie to speak out about her custody battle that’s making headlines.

Kelly Rutherford’s lawyer, Amanda Shaked, explains the steps she’s taking to get Kelly’s kids back.

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  1. I have been trying to get child support for the past 4 years. He made me sign a fraudulent Divorce Decree under threat that if I contested it, I might never see my daughter again because he has money to pay lawyers and I do not. I was denied due process on the initial Financial Declaration because he “served” me at what he knew to be a fictitious address. My ex-husband destroyed my career when we got married and so I have nothing. I earn about a third of what my ex-husband makes. Since our daughter came to live with me, I have been paying his obligation as well as my own and on top of it, over $10,000 in legal fees. The lawyers I hire drag the case out forever, mislead me on what needs to be done, pretend to serve him for months on end, even lie that they will appear in court on my behalf or make me wait months pretending that they’ve scheduled hearings. In 2009, the lawyers decided jurisdiction based on an affidavits he submitted that was falsified without giving me a chance to read them and respond, then tricked me into signing a non-suit. I have filed grievances based on glaring legal malpractice that were thrown out in the State of Texas.

    Somebody help me. I am not going to tolerate this abuse of myself and my child. With angels in Heaven as my witness, If I die trying to get justice in this matter, a bunch of American lawyers and judges will wake up at 2 am the next morning with my cold grey fingers tightened around their throats, so help me God.

  2. Can someone help us?

    He reported abuse. No one believed him.
    DSS talked to him. No one believed him.
    He told The Council for Children’s Rights. Really an oxymoron. No one believed him.
    He told the Forensic Psychologist. He thought he had a vivid imagination.

    Only his counselor who meet with him weekly for approximately 10 months heard him. He listened.

    He told his Mom and his Nana. We saw the fear and nightmares. We confronted Dad and then went to court.

    North Carolina is my home. I believed that I could help my child. I told him that the truth mattered. My son earned his black belt in Karate. He understands honesty. He is a honor roll student. He understands hard work. But most importantly he is not a liar. He understands fantasy.

    His Dad lies with ease. Now my son challenges him. He demands the truth. Over and over…this is what my son is experiencing. He gets punished for being disrespectful. He gets yelled at, slapped, pinched and put down. The Council for Children’s Rights said , “Only a little corporal punishment is happening. Mental abuse…well that’s not even addressed.

    Please read my story.

    My name is Heather Morales.

    I believe that specifically that Robert McCarterr, representing the Council for Children’s Rights in Charlotte,NC
    denied me the opportunity to have joint custody of my son, Lorenzo Ryan Morales. I believe that this decision was based mainly on my physical disability (Leg amputation).

    In Oct. of 2007, I (Heather Morales) fell in the mountains and seriously broke my ankle multiple times. This accident began a saga of pain that ended with 10 surgeries and a leg amputation over a 5 year period. The stress caused by the continual emotional abuse and the additional time and care that I needed accelerated an already strained relationship between myself and my husband.
    We separated within a few months of the accident. My son and I moved in with my mother, who continued with my care. After a costly divorce and custody battle, primary custody was awarded to me due in part to Mr. Morales’ unresolved anger and control issues. I retained custody until July of 2010 when my son was 7 years old. During this period Mr. Morales saw Lorenzo Ryan on Wednesdays and every other weekend. Our relationship was strained, but civil. During the divorce process my son met with two different female counselors for a few sessions before settling on a male counselor named Dr. Mike Tanis. He was on my insurance plan and Lorenzo Ryan seemed to connect really well with him. It was my hope that a counselor would help Lorenzo Ryan process any feelings he was having about the divorce. Lorenzo Ryan began working in therapy with Mike Tanis in Sept. of 2010. Through therapy, Lorenzo Ryan soon conveyed that his Dad was hitting him. The hitting was documented, DSS was involved and I eventually I went to court over this issue.
    While I HAD to go to court to protect my child, this was probably the biggest mistake I have ever made! In court, Judge Chapman threw out the testimony of our counselor, who had 18 years of experience. My ex husband’s lawyer accused my mother and me of parental alienation and DSS testified that they felt my son had been coached.
    I was ordered to undergo and pay for testing by a forensic psychiatrist; I had been going to a psychiatrist and psychologist for some time for depression, anxiety and PTSD. I was ordered to release notes from these visits. These notes were used as a part of my evaluation. I was only allowed to see my son every other weekend with a supervisor. Council for Children’s Rights was assigned control of the case.
    Custody was immediately given to Mr. Morales and my son was removed from my custody with the promise that this separation would only be for a few weeks. Mr. Morales moved Lorenzo Ryan out of his local school and into the home of his new girlfriend and her two children. Her house was an hour away. On the weekends that I was allowed to see Lorenzo Ryan, I had to pay for a supervisor to ride two hours in the car and pay for the time that was spent visiting. When visitation was changed to overnight, I had to pay for a supervisor to spend the night. These horrid conditions were emotionally and financially devastating.
    After the evaluations were completed 8 months later, it was found that no intentional alienation had occurred. The coaching accusations made by DSS were dismissed. The Council for Children’s Rights said that since Lorenzo Ryan had been with Dad for 8 months, they felt that it would be too traumatic to move him back so they wanted him to stay where he was …. with Dad. So in spite of no wrong doing on my part, Lorenzo Ryan was not returned to his home of seven years.The hitting accusations were never addressed.
    Two months later… Daddy broke up with his girlfriend and moved to yet another county….putting Lorenzo in his 3rd school in 3 years. Upon hearing about this move from my son, my lawyers immediately requested that our case be reevaluated. While we waited for this reevaluation, I had to have my leg amputated and went on disability from my job. The Council of Children’s Rights came to visit me again at my home. I assumed this visit would be related to the most recent violation of the order with the move by Mr. Morales. Instead, the meeting was focused on my amputation. I answered multiple questions about my amputation and the medications I had and was taking.Members from the Council for Children’s Rights wanted details about my recovery such as it’s’ impact on my mobility and work attractiveness. I provided the names of my surgeon, my pain management doctor, and my prosthetic doctor.
    The date of this reevaluation was in August of 2012. In this evaluation my physical disability and psychological issues were now being used to determine custody.
    At this point my ex-husband’s multiple improper behaviors were not only ignored, but tolerated. I felt conditioned that my victimization was the norm. My lawyers never addressed this discrimination. I was frequently described as too emotional.
    I am not just someone who has lost custody of my child. I have lost my leg, my confidence, my trust, my independence, and my financial security. I secured lawyers when I realized that I had to go to court about the abuse. The Council for Children’s Rights suggested these lawyers, Horowitz & Primiano, PLLC and they agreed to let me make a monthly payment to them. At his point, I had already had multiple surgeries and my job was in jeopardy at the bank where I worked. There was no way that I could come up with a large sum of money at one time.
    My lawyers have now dropped me at the writing of this complaint. They will no longer accept my monthly payments, stating that I would not accept their legal counsel suggestions as their reason. They included a bill to be paid in full along with a statement reminding me “that they would accept credit cards.”
    I am now on disability and getting ready to file bankruptcy.
    The abuse charges were never addressed.
    I don’t know what additional discriminatory evidence that may be found embedded in the files held by the Council for Children’s Rights. I have only been privy to a limited amount of information. I don’t know if I have been told all the facts. I don’t know if what I’ve been told is the truth. I do know that “the best interest of the child” gives this organization a wide birth to do pretty much what they want to do. I know that I was and am a good mother. I deserve the right to co parent my child. My physical and or mental issues should not affect how much time I get to spend with my child. I hope you can help me. I have include a letter written my Robert McCarter, from the Council for Children’s Rights which clearly states that my physical disability is a primary reason for joint custody not being suggested. I hope you can help us. Thank you for your time and consideration.
    I will be happy to provide additional information if more is needed.
    Heather Morales
    heather.l.morales@gmail.com
    I remembered the counselor that testified about this alleged abuse. He was adamant that these accounts about the abuse were consistently the same and continued to surface during his meetings with Lorenzo Ryan.
    Basically my judgment/sanity, was questioned because I believed my child. Mr. Morales had admitted to me during a conversation that he had hit Lorenzo Ryan. In fact, he seemed to find it funny that I couldn’t prove anything…I only had the “words of a child”

    Letter from Robert McCarter from Council for Children’s Rights to my lawyers at the time.

    Email from Robert McCarter
    ———- Forwarded message ———-
    From: McCarter, Robert
    Date: Mon, Oct 15, 2012 at 9:30 AM
    Subject: RE: Morales
    To: Jamie Horowitz , Toniann Primiano

    Cc: Ben Thalheimer , Sheri Harrison
    , Lisa Trickey

    Jamie,

    We did not recommend every other week changing custody because we
    don’t think that’s what is in Little Lorenzo’s best interests. Your
    client apparently thinks the only issue is where people live. It is
    not, moreover, it is not even the most significant issue. Other
    issues include, but are not limited to: her physical condition; her
    psychological/mental condition; her inability to get beyond the
    dissolution of the marriage and not be negative concerning Mr.
    Morales; her issues with substances; and, of course, the care Mr.
    Morales has shown in taking care of Lorenzo. I would hope that at
    some point she can focus on her son rather than herself.

    We, of course, would be glad to consider adopting any evenly divided
    summer arrangements proposed by either party or detailing how the
    summer will be handled. I simply included what they had agreed to at
    our settlement conference and later decided against by your client.

    Robert

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