False Abuse Claims and Interference With Visitation Leads to Loss of Custody
Every once in awhile, there is a reported case where one parent’s interference with the rights of the other parent, results in the interfering parent’s loss of custody. I have written about this problem before.
Nikolic v. Ingrassia presents another such case where unfounded claims of abuse by one parent resulted in a loss of custody. In Nickolic, the Appellate Division affirmed a lower court’s finding that:
. . . .the mother had interfered with the father's visitation rights by demonstrating a "relentless determination . . . to have the father characterized as an abuser" and thereby preclude his access to the child. The court's finding is supported by substantial evidence, including several unfounded reports of abuse made by the mother to the police and to Child Protective Services, as well as the opinion of a psychologist that the young child may have been coached to say that her father had hit her.
Having made that finding, the Court “recognized that the [w]illful interference with a noncustodial parent's right to visitation is so inconsistent with the best interests of the child as to raise a strong probability that the offending party is unfit to act as a custodial parent."
BE WARNED- Unfounded and false reports of abuse will not be condoned and will be punished. You will lose custody of your children.
I understand if its false allegations, but some times it's true, and even if you prove it, with previous police reports, and police record with violent CONVICTIONS listed, they often ignore that. Once they pick a side they refuse to see anything else. Sometime's also a parent may claim interference with visits, when they really didnt show up or try to visit, they just found out they may have to pay more child support.
The courts are back-logged with a tremendous amount of cases. The general public watch too much COURT TV and think that the courts are their friends. But in reality, the courts can be your worst nightmare. It is best to stay out of the courts aall together and try to work out your differences. The lawyers are only going to take your money and sit back and watch both parents destroy ech other. The Judge will not do a thing to stop it. No one cares about the children's best interest. Stop fighting each other and start working out your own plan, that does not involve lawyers. Swallow your pride. Trust me on this one.
Had this happen in Ohio - but, the kids were saying it to the father, grandmother, etc. They had bruises and talked about body parts and did other behavior that is not normal of a 4 & 5 year old.
The GAL was on the side of the one the kids were saying did it and defended her. GAL went as far as calling expert witnesses to try to persuade them to change their opinion to reflect her opinion. Expert witnesses testified to this.
Court sided with the GAL and gave supervised visitation to the father. Court didn't specify a visitation schedule so, the mother just cut off all communication. Then she moved and didn't notify the court.
Father did what any good parent would do if their child said someone did something to them - made a report and took them to hospital.
Custody determinations should include a jury.
PS - mother had lost custody of her first child. GAL and court said was not concerned with her past.
Father is trying to get a visitation schedule but, court keeps rescheduling and then trying to deny all visitation. Court has gone as far as saying mother appeared before a Magistrate - but, she didn't; father was there so was I, mother did not show and no one went in front of Magistrate that day.
Got to love Youngstown, Ohio - they are after all above the law.