http://www.toledofreepress.com/?id=4855

Fathers claim inequities in family court

By Autumn Lee, Toledo Free Press Staff Writer

February 9, 2007, Toledo Free Press (USA)---Words such as “gender discrimination” and “injustice” resonated in conversations with members of Fathers 4 Justice, a non-profit organization pushing for equality in family law, who are returning Downtown for further protests. Divisions of the Lucas County Common Pleas Court and Lucas County Child Support Enforcement Agency, however, deny the claims of inequality and maintain they seek what is best for the involved children.

Fathers 4 Justice, which protested with picket signs on Jan. 12, has scheduled a demonstration from 10 a.m. to noon Feb. 15 in front of the Lucas County Domestic Relations Courthouse, 429 N. Michigan St. Judi Smith-Phelps, one of Fathers 4 Justice's national board of directors, said they want to educate the public on “real problems in family court.”

“The courts are assessing child support and alimony payments that put fathers in the poor house,” she said.

Smith-Phelps said if both parents are declared “fit,” children should have 50-50 access to them. She said while some women are affected by court decisions, it is the men who are “overwhelmingly” affected. “Most of the men would give every scrap of what they had to see their children,” she said.

Keith Owen, Northwest Ohio regional captain for Fathers 4 Justice, said he is a custodial parent fighting for non-custodial fathers and wants equality within the family court system. “This isn't a fringe group with wild accusations,” Owen said. While Owen noted the existence of “deadbeat dads,” he said he feels there are fit parents who are “railroaded” in the family court system.

Former Toledo resident Brian Heaton, a custom homebuilder who now resides in La Salle, Mich., estimated he has been to court 30 to 40 times trying to resolve his case and displayed multiple legal documents and records to verify his battles with the Domestic Relations Court. According to Heaton, child support, alimony and other costs he has been ordered to pay total more than 2.5 times his monthly income.

“Even with corrected information in front of [the judge], he did not want to change the order,” Heaton said.

Heaton said the same judge found him in contempt of court for not paying his alimony arrearage despite having a copy of the cancelled check issued through a mortgage company, which he said the judge deemed as “hearsay.” Heaton was not able to pay the additional $8,000 fine assessed to “purge” himself of that charge, and said he had to spend 31 days in jail causing him to miss spending Christmas with his children. Prior to his upcoming custody hearing, which is scheduled for August, he said he feared losing custody of his children.

Toledo resident Samuel Lupica, another father siding with Fathers 4 Justice, said it took him more than two years to have the court system enforce a visitation order he had already obtained. Lupica deemed that as a “gross injustice.”

“What bothers me is fathers don't see their kids. Their visitation orders are worth nothing,” said Lupica. Although his case is resolved, he has not forgotten the injustices he faced and is considering taking his case back to federal court.

The court's view
Dan Pompa, court administrator for the Lucas County Juvenile Division of the Common Pleas Court, said it is difficult for the court to comment since they have not been approached by the protestors.Pompa said he feels the protestors' demonstration will not be effective, but if someone files a claim with solid data, the court will be more than willing to help them with it. He said proceedings may be delayed due to people not filing within a timely manner, providing incorrect information and addresses, continuances by attorneys and parties not showing up for court hearings.

Director of the Lucas County Child Support Enforcement Agency Maricarol Torsok said the agency does not represent either parent, but focuses on the interest of the children. Child support orders are set through either the court or an administrative process, said Torsok. The LCCSEA is not able to determine what dollar amount is set. The LCCSEA actively seeks programs for non-custodial parents and refers people to programs for assistance such as fatherhood programs, Steps to Hope and others, Torsok said.

The LCCSEA, along with the Common Pleas Court, has also developed a relationship with the Children's Rights Council, which aids in easing parental visitation with “neutral drop offs,” supervised visitation and other services. Torsok welcomes parents to contact their two client liaisons if they feel the agency has not handled their case properly. However, if the caseworker initially provided correct information, she said the parent would receive the same answer from the client liaison. Torsok said people often find the agency provides accurate information, but become frustrated when they are not getting the answer they want to hear.

Juvenile Division Administrative Judge James Ray said when handling court cases, he must go by the facts presented to him and uphold the law while weighing those facts. “Most of the time it's not between ‘right' and ‘wrong', but ‘right' and ‘right,' ‘right' and ‘better' or in some cases, ‘wrong' and ‘wrong,' ” Ray said. If a party does not like a decision the court has made, Ray said there is always a redress, as every case can be appealed. He said appealing the judgment could be expensive.

Ray said most people presenting their case without an attorney do not know how to present evidence. If the evidence is not presented properly, the court is not allowed to accept it. The court provides a mediation service, which is covered through court costs, made available for parents to try to resolve their disputes with each other, he said.

Ray said if a parent does not comply with a visitation order, the other parent may file a motion to show cause. He said this process can take up to three months and can be frustrating, but said the parent should have documentation of the order and keep track of attempts made to visit their children. A parent not complying with the visitation order may be found in contempt of court if he or she does not have a valid reason for disobeying the order. That parent may have to serve up to 30 days in jail if they are not able to “purge” themselves of contempt prior to their incarceration date.

Ray said the number of child support cases resulting in a parent being found in contempt ranges from 3,000 to 4,000 compared to 50 to 60 visitation cases that are violated and a parent is found in contempt. The discrepancy in the number of cases results from the LCCSEA actively enforcing child support payment orders; whereas with visitation order violations, it is up to the parent to contact the court, he said.

Domestic Relations Court Judge David Lewandowski said there is no similar agency to the LCCSEA to enforce visitation orders and the courts do not create such agencies. Although, he said, maybe there should be such an agency.

Lewandowski said he takes Fathers 4 Justice's claims in a press release about the family courts “driving kids into prostitution” personally and is frustrated and offended by their accusations. He said the court does much to encourage parents to make their own decisions outside the courtroom. The court tries to work out informal resolutions with parents (through mediation services) to avoid going to court and is proactive in trying to promote visitation, Lewandowski said. In addition, parenting education classes funded by the Lucas County commissioners are available at no cost to the parents.

“Parent custody may be changed if [parents] don't follow their visitation orders. I've done that,” Lewandowski said. When asked about Fathers 4 Justice's claim of preferential treatment between the sexes, he said there is no preferential treatment, and he “categorically denies that.”

“The law requires us to treat both parents equally,” he said.

Lewandowski said the court does not put people in jail who cannot legitimately pay their child support. “We put women and men in jail for willful nonpayment of child support. It's not a gender issue,” he said.