Friday, June 25, 2010

Independent Investigation Units in Family Court

Why We Need Independent Investigation Units for Child Custody Matters in Family Court

It is no secret that a great deal of corruption and bad judgment exists within the structure of the Family Court Judicial system, not just here in Rhode Island, but all over the country. With social service department employees being severely overworked, all but the most outstanding and glaring cases of abuse, neglect and violence fall between the cracks, often to the fatal detriment of the minor children involved.

Whether caused by poor judgment, lack of understanding, or in some cases, blatant disregard and willful obstruction of the facts surrounding many domestic and custody matters, more and more children are dying at the hands of parents who have no business with custody in the first place.

The call for independent investigation units for the Family Court systems in this country is nothing new, but perhaps with enough information about what happens when those overworked employees let someone slide through, or corrupt judges rule in favor of the wrong parent, something will finally be undertaken to protect these children from becoming more victims.

A pertinent story, taken from The Custody Scam blog, cited many instances where this has occurred. One such story, involving a Rhode Island child, is summarized below.



On February 21, 1992, Rhode Island Family Court's Chief Judge Jeremiah Jeremiah gave this two-year-old to the sole custody and possession of her father despite his history of domestic violence and failure to pay child support. The father, a police officer, brought false charges against his ex-wife, first saying she was a drug addict. (Twenty-two random tests proved she was not.) Then he had her arrested for bank fraud, then for filing a false report, then for sexual abuse, then for kidnapping. None of his charges stuck.

The child remained with her father and stepmother until 2003, when she was 14 years old. Having realized during a visit that her mother was not a drug addict, the teenager persuaded another judge to let her return to her mother. There she began working on the painful issues of lifelong coercion and deception. Most painful has been her father’s continuing refusal to let her visit two dearly loved half-sisters, whom she has not seen since 2003.

She is one of countless children in Rhode Island subjected to severe emotional and physical trauma by Family Court. After she turned 18 in 2007, she gave the Parenting Project permission to publish her picture on behalf of all children who have been held hostage by Rhode Island custody scams.

We are using this blog to provide links to stories about custody cases around the world as people become aware of this spreading form of child abuse and legal abuse. People often turn away from these horrifying cases. But we need to face them and work together to force courts to improve their response and protect children.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Tuesday, June 22, 2010

Rhode Island Family Court Guardian Ad Litem

Role and Responsibilities

A guardian ad litem is a person, typically an attorney and usually appointed by the court, who looks out for the best interest of a minor child who is somehow involved in legal proceedings. The guardian ad litem must have proper credentials, and is generally appointed in situations where there is the presence of abuse, neglect, or conflicts between parents and siblings, but can also be appointed to ensure that the financial interests of the child are observed.

Initially, the guardian ad litem in Rhode Island will meet with the child and perform an investigatory interview. They will then prepare a report for the court detailing the background of the case, an identification of any and all persons interviewed, a statement by the child encompassing their emotional, medical and service needs, as well as their own wishes with regard to the outcome of the case.

Communications between the child and guardian ad litem are not privileged, which means that they can be shared with other parties and attorneys in the matter, as well as submitted to court proceedings.

The guardian ad litem has broad and far reaching powers concerning the children they represent. Medical and school records are available to them upon request, they are to appear at all court proceedings that affect the interests of the child, and they act as an officer of the court with quasi-judicial immunity for any action they must take regarding the well-being of the children they represent.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.