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February 6, 2012 - Parental Alienation attempts cost mother custody and $552,123.28.  This case from the sixth district court of appeals in California was published last Thursday.   It is a textbook example of attempting to use the court system to destroy the kid’s relationship with their father.  In the end the interference cost the mother custody and half a million dollars.  Since the case is published it may be cited as precedent in other California cases.  If you are dealing with these issues in another state you may want to ask your judge to take ‘judicial notice’ of this ruling.

The case involves a wealthy couple where the father had resources available to see the suit through to completion.   While most fathers are unable to afford this type of litigation the opinion and timeline provide excellent insights on both the mother’s behavior and court’s view of that behavior.  This case reinforces the idea that for fathers to be successful they need to document everything.  If you are experiencing access interference and alienating behavior, there is much to be learned from the court opinion.

Note in the final sentence of the court’s ruling two of the mother’s attorneys are also sanctioned.  One of those attorneys has been sanctioned numerous times by the courts yet is still touted by the domestic violence industry as a leading authority on the issues. 

Dr. Loretta Wahl was divorced from her husband in 1999.  The couple has two pre-teen children.  In part the mother claimed to be a domestic violence victim, leading to a claim of disability entitling her to an advocate in court under the Americans with Disabilities Act.  She goes on to state the disability renders her cognitively impaired therefore unable to abide by the settlement agreements she signed.  By the way, those documents actually gave her joint legal and sole physical custody of the children with the father having visitation.  She wasn’t satisfied and didn’t stop there.

At the same time the mother was repudiating California court orders she was attempting to shift jurisdiction of the case to Pennsylvania.  Dad was forced into two-state litigation.  After six years of ongoing litigation the appellate court issued an opinion that will hopefully send a strong signal to the lower courts to stop tolerating this type of behavior.  Even further we appreciate the court taking exception to two attorneys’ attempts to ‘game’ the system.  Perhaps in the not too distant future attorneys who assist clients in this fashion will routinely be disbarred.

Thanks to Jim C. for the heads up on this case.

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Comments

Thad Tietsort

This is very good news to me. Thanks for reporting this information. I am very surprised to see this type of change in the court system. It isn't new legislation or public opinion that is changing the system, it is change from within, which is a very promising and healthy development.

All judicial officers, including police and sheriff departments, should review this case and see what tactics are used by paid lywers. Great news and great reporting. Thanks.

February 7, 2012, 2:44 PM
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Imissmydaughter

I am deep in a case similar to this one where my ex alienated my daughter from me, and it is the worst nightmare of my life. Like this father, I too have the resources and am not going to stop fighting until justice is served. This type of selfish behavior needs to end for the sake of the children.

February 9, 2012, 1:27 PM
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Alex

This is wonderful news! A huge step in the right direction.

Unfortunately for US fathers abooad it will be a while until this mindset spreads.

I have a friend in Italy whose ex wife spent all her time on parental alienation, but when she lost custody for psychological probems, she abducted the children to Russia.

http://bringflorentinekidshome.wordpress.com

March 2, 2012, 6:43 PM
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Mark

I wish all fathers would know there is a way to ensure letting your kids know how much you tried to be in their lives and how much you loved them. Every time you make phone calls to the ex, record the conversation and save them so the kids know you TRIED to reach out to them only to hear the mother in her true nature being vicious.

Videotape and xerox copy all letters, birthday cards, copies of checks you send to the child, recording everything from the postage to mailing it, etc. The ex may not pass this information to the child. However, when your kid is around 14-15 years of age and old enough to deal with the information, give your kid(s) this information.

Once they see that you tried and that the ex alienated them from you, and lied to you, your child(ren) will know that you tried. I had a friend that did this and his daughter turned on her mother when she realized her mom had lied. Thankfully the father had proof of everything because the daughter thought her dad abandoned her and didn't love her.

You may miss a few years of your child's life, but the bigger picture is that you will have them later whereas you can bet the relationship will deteriorate once the child sees the truth. The mother will have no one but to blame but herself.

Kids don't care about who's at fault. They want both of their parents and want to know they're loved and wanted. Just a thought for you dads who may feel powerless. Video/copies don't lie and kids will see that you really did make an effort. That will speak volumes!

Please copy and paste this everywhere to spread the words to fathers so they can, hopefully, salvage any damage done by the mothers with their children.

May 23, 2012, 5:50 PM
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Lizz Hulet

Can you please fix the link for this case, or add a link so I can view the published case to assist in argueing our side of the case. We have been victims of parental alienation so far as the Mother getting a restraining order by using false allegations, not even of abuse just allegations that we are unfit parents, and so many details of this case ring true in ours as well unfortunately we are very poor living paycheck to paycheck.

August 24, 2012, 1:57 AM
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