http://www.toledofreepress.com/?id=5090
Fathers continue protests against family courts
By Autumn Lee, Toledo Free Press Staff Writer

March 8, 2007, Toledo Free Press (USA)---After protests in January and February, Fathers 4 Justice (F4J), a non-profit organization pushing for equality in the family courts, plans to return to Lucas County for further demonstrations. F4J has scheduled a rally from 10 a.m. to noon March 26 in front of the Domestic Relations Court, 429 N. Michigan St. with another protest set to take place in April in front of the Juvenile Court.

Because of the overwhelming response of recent protests against claims of gender discrimination in family courts, F4J has appointed positions of local leadership at the county level to have more organized support, said Judi Smith-Phelps, a Fathers 4 Justice affiliate and former national board of directors member. Smith-Phelps said she believes when F4J members gather at protests, and the judges and magistrates know “they're being watched,” people get a fair chance.

“We've got to start in the courts by looking at viable solutions so children can be parented by their mom and dad,” she said.

F4J Ohio Northwest Region Captain Keith Owen said the average person generally cannot afford to appeal a case. "It has come down to a legal world where it is financially impossible to defend yourself,” Owen said.

Owen said they are “researching and seriously considering” filing a gender discrimination civil class action lawsuit, which would not be sponsored by F4J since it is a non-profit organization. However, the F4J board has indicated it would be willing to support the lawsuit. Owen said the chances of getting a judge to vote against the courts are slim.

Custodial parents
A report released in July 2006 by the U.S. Census Bureau, “Custodial Mothers and Fathers and Their Child Support: 2003,” which included data from the Child Support Supplement to the April 2004 Current Population Survey, revealed statistics regarding mothers and fathers who were acting as a custodial parent.

“In the spring of 2004 ... [f]ive of every six custodial parents were mothers (83.1 percent) and 1 in 6 were fathers (16.9 percent). The number of custodial parents, as well as their distribution by sex, was not statistically different from 10 years earlier. Overall, 26.7 percent of all 81 million children under 21 years old living in families lived in a custodial-parent family,” the report read.

Robert Herrick III, a Millbury resident and lieutenant for F4J, said he has gone through four lawyers and has spent about $25,000 in court costs and lawyer fees during the last six years trying to secure custody of his children. “I think we need more judges on the bench to handle the number of cases,” Herrick said.

His wife, Patty Herrick, also a lieutenant for F4J, said the courts and magistrates refuse to use the law for parents who are trying to be responsible. She said F4J, has been trying to get someone to listen and talk to them about their situation. “It would be different if [Bob] were a criminal and an abuser, but he's not,” she said.

J. Brian Moser, a Sandusky resident who has gone through the Erie County family court system, said he feels children would benefit by updating the “antiquated” court system. “The family court system's goal is to keep you out of court and get you to settle on your own. They don't force any issues. They tell you that you are better off settling without them ruling on anything,” he said.

Moser said he tried to settle his case within a few months of filing for divorce, but it “dragged out for two years with multiple hearings where only the judge and lawyers were allowed to talk.” Although Moser was deemed a “great father” in a court home study, Moser said a court-appointed representative told him if he and his wife fought on this issue and could not agree to a visitation schedule, the judge would likely just order the standard Erie County visitation schedule of every other weekend and dinner one night during the week.

“Family courts are not abiding by [the shared parenting] rule. ... Essentially, I was forced to walk away from everything I had built in life — my home equity, savings, stock and physical assets in my home — to see my kids 10 days a month instead of four,” he said.

Assistant Prosecutor Patricia Hays said many more men are indicted for nonpayment of child support than women are. Hays estimated that each month, about one out of 20 indictments is a woman. When asked why there was a discrepancy between the numbers, she said women typically receive custody more often than men do. She said she doesn't know why that it is, but “it's the way it's always been.” Hays said she realizes when it comes to nonpayment of support, “the women are just as bad as the men are.”

Domestic Relations Administrative Judge Norman Zemmelman reaffirmed the law mandates the court must treat both parents the same. Judge Zemmelman said the Supreme Court requires them to report outcomes of cases, but does not require them to keep track of gender.

The issue is whether they are complying with court orders, he said.

He said an overwhelming number of cases are settled outside of court. As for the cases in contempt he sees, many are for non-payment of child support. Judge Zemmelman said he handles cases where a party has not complied with an order and has not been “purged” of contempt. Court counselors, guardians and psychologists help to make recommendations, and it is usual for those persons to have input in the cases, he said.

New motions
According to Domestic Relations Chief Magistrate Carol Hargreaves, 3,498 new motions were filed at the magistrates' level with 103 of those cases going to at least a half-day trial last year. The other cases were either settled or dismissed.

Hargreaves said the Lucas County Child Support Enforcement Agency filed 379 contempt cases in 2006, which is 26 percent fewer cases than in 2005. Divorce cases are generally tried on financial issues and seldom are tried based on children's issues, Hargreaves said.

Hargreaves said the court system is “very complex with very complex statutes,” yet there has been an increase of people who do not want to hire an attorney and become frustrated with the outcome when they represent themselves.

“What's harder is one [party] is unrepresented. Then it becomes an uneven playing field you can't make much better,” she said.

For those concerned about non-compliance with visitation orders, Hargreaves suggested they file with the court's expedited visitation program (or pro se visitation enforcement) available through its court counseling system, which allows for a “fast track” docket.

The expedited program is available to anyone who has a visitation order through the court (not a purge of contempt), missed visitation and/or companionship for two months or less before a court counselor is first contacted or does not have unresolved litigation in the court that involves behavior allegedly endangering the involved child and has followed and is willing to resume following the visitation order. With the expedited visitation program, it only addresses denial of visitation or make-up visitation time. By following various steps laid out in the court's set procedure, an expedited hearing will be set for 14 calendar days.

Denise Logan, administrator of the Domestic Relations Court Counseling Dept., said, “A lot of people don't want to file for expedited visitation because they would rather file [a motion] for contempt or change a court order.”

Hargreaves acknowledged people's grievances against the family courts should be taken seriously, as they may be legitimate. “We can see if we can make it better,” she said.