D.R.

Are we really a country of “Family Values”? If so, how come the courts don’t uphold them?

(This story is true. Due to ongoing litigation, fictitious names will be used)

Our family has been going through a legal nightmare for years, which has been torn us apart and taken an unbelievable financial toll. What is even worse is that a young boy has been done irreparable harm by the Family Court System here in South Florida where we all reside. After the divorce of his parents many years ago, a continuous barrage of litigation has been heaped upon his mother, and the rest of our family as well. Because we would not roll over and play dead in the face of terrible injustices, the very wealthy, powerful and influential father of this child has made our lives a living hell.

The divorce was a bitter one and joint custody was finally agreed upon. Her former husband revealed his homosexuality and soon took a paramour into his home. Soon after that their son told his mother that this person was coming into his room at night and inappropriately touching him. This abuse was reported to the Judge A, the attorneys and the DCF; all to no avail! The father then decided to file for full custody. He had already filed several suits against her in civil court, and was determined to litigate her into poverty.

The courts ruled time after time against her, without ever allowing her due process. They refused to look into the matter of the father’s health; he has had AIDS for over 20 years, nor his son’s allegations of abuse. It then became evident that she would lose her son and everything else she owned. Judge A finally recused herself, then Judge B took over exactly where the other judge left off and also ignored her constitutional rights and treated her like a criminal. Finally, the father was awarded custody, the mother was denied any visitation at all and the boy was forced into a dangerous situation.

The mother then went into hiding with her son. The father then proceeded to file numerous lawsuits against both grandparents, his stepdaughter, his x-wives’ sister and her husband, and even had her 96-year-old Grandfather depositioned. He was demanding that her house and all her personal belongings be sold and split between their son and her daughter from a previous marriage. Of course, he was to have as much control over these monies as possible. We went through over $80,000 in those 8 months in legal fees, fighting the constant harassment and bullying. We were being dragged into court at least 4 or 5 times a month. Deposition after deposition, hearing after hearing, motion after motion; the discoveries, the illegal freezing of our bank accounts, the private detectives following us, the bounty hunters that hounded us, the tapping of our telephone lines, the total invasion of our privacy. We were a family under siege, and there was no stopping him.

In the spring of the following year, we received a call from one of our attorneys’ telling us that the new Judge (C) had gotten a letter from the boy and from the boy as well. She was calling an emergency hearing. At the hearing she read the letter. It said that the mother wanted to come home with her son, but she needed assurance that if she did she would not be denied due process again. She also asked that her ex-husband drop all suits against us. She emphasized that she wanted her son to have a relationship with his father, but that the Father’s lover should be kept away from him. After several hearings it was agreed upon that temporary custody of the boy be given to close family members when he returned, so that he would be in a safe and loving environment while everything was being worked out. A complete investigation of all charges was to be instituted and both sides would be fully heard before the Judge decided custody. An agreement was hammered out, written up and filed with the court. It was under these circumstances that the mother and son returned to this jurisdiction.

The Mother was arrested immediately, put into prison and the boy went directly to his father’s home. The Judge refused to uphold the agreement. The father immediately threatened re-institution of all the previous lawsuits. The mother was bonded out and put under house arrest. She was allowed to see her son only under supervision every other week for 3 hours. In early 2003, she was arrested in her home by 6 armed policemen at 3:00 in the morning. She had been set-up by detectives the father hired and had to spend over 3 months in jail. They claimed she had violated house arrest. The detectives had been videotaping her for over one month. When she finally was permitted to appear before the criminal judge (D), he dismissed the so-called violations and actually tried to make things up to her by relaxing court supervision.

Over the summer of 2002, the father moved out of the state with the boy. In spite of all our protests, the court allowed it, but stipulated that the Mother be granted visitation and that the Lover must stay away. DCF also investigated and another Judge (E), from the DCF determined that visitation must be allowed and that the lover was to be kept away. That never happened. As of autumn last year she has not seen her son nor is she permitted any contact at all with him. The rest of our family has not had contact with him either, and we have been warned by his father, that he will not allow it. We also know that the Lover is back in his life, but try as we may, no one will listen or seems to care. The present family court Judge (F) has postponed hearing on visitation for almost 1 year now. This boy is being isolated and deprived of his rights to his mother and Maternal family. We are also being denied our rights to have him in our lives.

We have volumes of testimony, transcripts, and depositions that prove how biased, and unconstitutional the courts were and still are. We implore you to help stop this travesty of justice and bring our child back into our lives.

Ps: It has been over a year now and the Mother still remains under house arrest without a trial.