It hit the local news and social media here in New York State (Mamaroneck, Westchester County) that a knife wielding mother is shot by police after they find “her toddler” severely injured. The child later died from her injuries. It is then reported (Mamaroneck Daily Voice 4-30-18) that the day before this incident the father, armed with a Custody and Order of Protection from the court, was denied custody by the mother who closed the door in the face of police and the father. The police refused to act as they “didn’t know if they had authority to arrest” the mother. The fathers attorney reports the District Attorneys Office was contacted and Assistant District Attorney Mary Clark refused to act on the valid court order as it “is a civil matter”.
Apparently both the police and the District Attorney’s Office are unfamiliar with Section 215.50 the NYS Penal Law, Criminal Contempt, “Intentional disobedience or resistance to the lawful process or other mandate of a court” a class A Misdemeanor which allows the police to arrest a person for violating it. Based on the inaction of the police at the time, and the inaction of the District Attorney’s Office, it appears the mother abused the child the next day, resulting in her death. In the process of trying to save the child two police officers were attacked and injured, and the mother shot by police. Ignoring the “problem” with an “It’s a civil matter” hasn’t seemed to make the problem go away.
Incompetence, bad training or bias against fathers, or all of them?
It is hard to imagine a scenario where the circumstances are the mother seeking to enforce a court order against a father where the police didn’t, at a minimum, step in and transfer custody of the child to the mother and most likely would arrest the man. This sexist anti-male bias against fathers and their parental rights by police and District Attorney’s is the number one complaint of men attempting to enforce their parenting time. Hundreds, if not thousands, of fathers in NYS each year are met with custodial interference in gross violation and criminal contempt of the custody order of the court and law enforcement advises them it “is a civil matter” that they need to return to family court to correct.
Unfortunately, buried in the denial of access for fathers and the uneven enforcement and bias which doesn’t recognize a fathers parental rights, is the fact that children are being neglected, abused, and murdered by “custodial” mothers while police, DA’s, and social service agencies do nothing to help. And the system is well aware of the problems which have been occurring for over 25 years now. In 2001 the case of Logan Marr was aired by Frontline on PBS. At the same time here in NYS we had the Kali Warrington saga, a child grossly abused and neglected by her mother and the live in boyfriend as the father, Daniel Simms, tried to get police and prosecutors to remove the child from her custody to his under a court order.
The issues of denial of a families access to a child, most often the father, which results in harm to children was brought to the attention of the NYS Legislature, Governors Office, Courts, District Attorneys, and government agencies extensively in media releases and public education campaigns by the Coalition of Fathers and Families NY, Inc. (FaFNY) such as this 05-10-15Warrington-Simms piece. Mr. Randall L. Dickinson, then FaFNY VP spoke to the recognized institutional bias against fathers and warned of future harm to children; If, indeed, Social Services and the Courts were performing their duties and responsibilities in a accordance with conventional orthodoxy and did nothing wrong in their handling of this case, and, if, as Mr. Kisselbrack states, they acted in “the best interests of the child,” what, pray tell, are we to expect when, as may occur from time to time, they inadvertently drop the ball? Seven-year- old Kaili Warrington very nearly died before her father, Mr. Daniel Simms, was provided the necessary assistance and even allowed to rescue his daughter. She was fortunate to have survived. How many others will be as lucky? Will some other innocent child have to actually be sacrificed before Speaker Sheldon Silver and the New York State Assembly finally get the message???
How many child victims from Kali Warrington in 2001 to Gabriella Maria Boyd in 2018?
In January of this year I sent a letter to (my) Senator George Amedore and Assemblyman Angelo Santabarbara (link here 17-09-15 Legislation request my districts) regarding legislative corrections for fathers and families. Clearly requested was “Legislation to provide for access enforcement of parenting time by law enforcement agencies for clear violations of a court order” where I explained, “Access Enforcement. Right now there is NO access enforcement for parents save for a costly return to court which after the fact results in the parent losing time with the child even when it was ordered by the court. It is criminal contempt in the penal law to violate the order of a court yet law enforcement agencies will not enforce custody orders. Just as we have mandatory arrest for violating an Order of Protection we should have equal mandatory arrests for violating custody orders of the court.”
Just like all legislatures before them, my own “representatives” didn’t bother to respond to my correspondence and request to protect children. After the child suffered at the hands of her mother through the neglect of the police and district attorney I posted on social media with these elected representatives, “when?” Senator Amedore’s Office has done nothing. Assemblyman Santabarbara’s office simply blocked me from their social media accounts. How many other innocent child have to be sacrificed before the NYS Legislature, Governors Office, District Attorney’s, Police, and Child Welfare Agencies finally get the message???
In the Executive Summary of the Third National Incidence Study of Child Abuse and Neglect we learn that “Children of single parents have a 77-percent greater risk of being harmed by physical abuse, an 87-percent greater risk of being harmed by physical neglect, and an 80-percent greater risk of suffering serious injury or harm from abuse or neglect than children living with both parents.” The largest class ofabuser is single mother households; the second largest class of perpetrators is “boyfriends”, often referred to as a “father figure” by the popular media.
Denial of access to “non custodial” parents, most often the father, is harming children. District Attorney Anthony Scarpino isn’t commenting, the Mamaroneck PD isn’t returning calls, the NYS Legislature is hiding, social services hasn’t been heard from, the media has moved on. And somewhere a father sit in tears, heart broken, wondering how the current system and denial of his parental rights and bias against fathers has been in the best interest of HIS child?
How many other innocent child have to be sacrificed?
Photo: Gabriella Maria Boyd: Credit to Martin Rose and the Mamaroneck Daily Voice (used under fair use doctrine).
This is horrible and has to stop….good men deserve equal time with their children….period! I have heard too many stories of children being murdered by live in boyfriends….not one child should be lost to this….shame on the courts and law officers for letting this happen to children and …fathers…..
Exactly what all alienated parents fear most. Such immeasurable sorrow, the child abused into not seeing the other parent, then murdered. Women’s equal rights of participation in all spheres is not tenable without men’s equal rights of participation in all spheres. The law has moved with the former. With the latter it hasn’t moved a jot, giving the lie to feminism as an equal rights movement. In the parenting sphere, (the most meaningful part of our lives), there is not a women’s rights issue, there is a women’s POWER issue. In other spheres society has ensured close gender parity. If organizations such as N.O.W. had done the same for parenting, this child would not have died in this terrible way.