Tag: custody orders

Don’t tell me what the other guy didn’t do, tell me what YOU have done?

As of June 26, 2018 there has been no Republican response (to my letter which follows) with a platform or policy from either the Republican National Committee or the NY State Republican Committee, any Republican Candidate for statewide office, nor any action during the 2018 legislative cycle from either major party.

Republican support to label disenfranchised dads deadbeats 2013

January 30, 2018

Chairman Edward F. Cox, NYS Republican Committee, 315 State St. Albany, NY 12210

Dear Chairman,

A simple question from this registered Republican;  At what point will NY Republican candidates realize that pandering to Democratic votes doesn’t result in Republican Candidate victories?  I put forth as an example of this the loss of the NYS Senate majority these past 10 years.  This question is not new as I have asked it for 15 years now, it goes all the way back to Rick Lazio running against the carpetbagger Clinton and Gillibrand’s rise in NY politics first as Congresswoman.

I personally worked with legislators on the Family Court Reform Act (currently http://nyassembly.gov/leg/?bn=A06054&term=2017) which was originally introduced by Jay Dinga and then carried by Bob Prentiss (my Assemblyman, at our request).  As Brian Kolb took over sponsorship of this legislation when I noted he was running for governor I immediately began to lobby men’s rights/father rights/parental rights organizations (MRA/FRA/PRA) to support him.  Then the Assembly Minority Report on DV came out and the question was why we should support a candidate who puts forth anti male propaganda such as this?   When I brought up sponsorship of the reform act I was asked what had the Republican’s  actually delivered for us these past 20 years?  I had no answer for indeed the answer to the question is they have achieved nothing for us. 

Years back, in my lobbying for MRA’s, etc. I had the opportunity to meet with Lazio and his people in his run for US Senate against Clinton.  In discussing support of his campaign it was stated we had to support them, “after all what are you guys going to do, vote for Clinton”.  I expect that mentality resulted in zero support for him.  Congressman Sweeney had put forth anti male federal alimony legislation.  We met with his staff and Saratoga County Republican leaders and got the same response, even when he was challenged by Gillibrand they stated, “What are you going to do, vote for her”?  This time public support for the Democrat was given, the dismissiveness enough to drive votes to her, and cost him the re-election.  Ironically we had asked him to modify domestic violence legislation for protections for the accused (often falsely) and it was his failure to act which contributed to his loss under the shadow of mere allegations.

Political party enrollments within the ranks of the men, fathers, women, and families who suffer the injustices of this anti family court system mirror statewide enrollments.  Given the large enrollment edge of the Democrats it doesn’t take a rocket scientist to figure out that Republican’s need to pull a large portion of not only independent voters, but also democrats to make any headway into returning Republican’s to power in NYS, especially in a statewide election.  These disenfranchised dads, moms, and families are a prime target for votes, yet not only do Republicans not go after disenfranchised Democrats, they disenfranchise their base, registered Republican voters like me who were beat dead, driven broke, and disenfranchised by the system.  If local, state, and national Republicans wish to garner the votes and support of these disenfranchised Republican, Democrat, and Independent voters you need to not only take policy positions which address these injustices, but actually achieve some level of reform.  

The portrayal and treatment of men as if they are “deadbeats” and “abusers” of women and children has got to stop if you expect any support from MRA/FRA/PRA groups.  The Parental Rights of BOTH parents needs to be protected (which also protects the rights of the child and is also in their best interest).  Domestic violence programs need to be reformed to serve ALL victims of domestic violence, including men.  The rights of individuals accused need to be protected with equal application of laws and due process.  False allegations need to be addressed and in those instances where it rises to perjury and false statements on the record the violators prosecuted.  

Many of these problems are driven by federal monetary incentives such as Title IVd of the Social Security Act (More HERE) and the denial of Parental Rights through government double speak (More HERE).  By labelling “non custodial” parents at the state level to increase the perverse financial incentives under the act the label is then used as a basis to deny parental rights guaranteed under the U.S. Constitution.    The $1 Billion a year funding of the Violence Against “Women” Act based on the Duluth Model is nothing more than financing of liberal policies regarding families which is detrimental to Republican’s.  There is, however, much the state can do to lessen these violations of parental rights which are destroying families.  By supporting policy changes and passing legislation supporting families, parents, and equality for individuals at the state level Republican’s can expect to increase their support from these disenfranchised people.

I have enclosed a few items in support of these positions and can provide further discussion and/or information on request:

  1. Bill memo for A06054 The Family Court reform Act,
  2. Letter to President trump in support of reform to Title IVd of the Social Security Act,
  3. Discussion and text for the Parental Rights and Responsibilities Act,
  4. NY Men’s Action Network blog regarding the lack of political support for men in NY,
  5. “Duluth Model Buries Key Facts on DV”, by Erin Pizzy (founder of the first refuge in the world for DV victims).

I thank you for your time in this matter and look forward to working with you in the future for Fathers and Families.

Sincerely yours,

Lt. James Hays, (Ret.)

CC: RNC; Ronna McDaniel, Bob Paduchik, NYGOP Staff; John Burnett, Jason Weingartner, Pierry Benjamin, Oliver Tan, Marie Mclam, Jim Thompson.     

It’s a Child’s Best Interest to be neglected, abused, or killed by sole custody?

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).