Sunday, April 6, 2008

My story and a message to my daughter, Rachel

I love my daughter, Rachel, with all of my heart and soul. My hope and prayer is that my precious daughter will always know how very much I will always love her and how desperately I miss her. Because of the fact that I have been denied due process in the family law court of Orange County, Rachel and I have not seen each other for over 6.5 years. Rachel has also been separated from her extended family - her grandmother, aunts, uncles, cousins, pets, her friends and her home - everything she has ever known and loves. Both my mother and I were jailed in 2003 for trying to protect Rachel from abuse by her identified abuser, her father, Jerry Morgan, an Orange County attorney, who is accused by qualified medical doctors of sexual, physical and emotional abuse. The first doctor, an M.D., testified before the Superior Court in Orange County on August 30, 2002 about the sexual abuse at an ex-parte hearing and his entire testimony was dismissed and discredited by the family law court. Minor's counsel, Harold LaFlamme, was appointed that same day and shortly after, a 730 evaluation was court ordered to be conducted by Jeffrey Bussey. The entire contents of the 730 evaluation reports (approx. 14-16), only 3 of which I was just made aware of in late 2008, are untruthful and contradictory and it was recommended to the court, by the evaluator, that I have no contact with Rachel. The second doctor, also an M.D. who specializes in children, and who is court appointed to be Rachel's treating physician, has been denied the right to give testimony before the court 4-5 times under court subpoena, by suppression from minor's counsel. Minor's counsel will not allow testimony, or the child abuse reports submitted by this doctor, or any other reports by doctors to be admitted into court. Due to these reports of abuse (at least 6 reports were filed to my knowledge), Social Services became involved in the case. Despite these abuse reports, Social Services did not intervene to protect Rachel. Instead, the family law courts and CPS turned me into the "accused perpretrator" stating that I made false allegations of abuse against Rachel's father which is untrue. CPS unjustly and illegally placed my name on the Child Abuse Central Index, absent any hearing/trial and NO conviction of child abuse. I challenged this unjust and wrongful placement and won my appeal with the 9th Circuit Court, granting me a grievance review hearing with DCFS. I won my hearing and the Department of Justice removed my name from the CACI, finally after being labeled as a "liar and child abuser" for six years by CPS. Since the court, CPS, the police, CPS repeatedly failed to protect Rachel, I left with her and my mother was involved. We were both caught, arrested and jailed. My mother served 90 days house arrest at the age of 73, being charged with aiding and abetting a fugitive and I served 80 days in Orange County Womens Jail, being charged with felony kidnapping, although I had not yet left Orange County. My mother and I were both placed on 3 years of formal probation. I never accused Rachel's father, nor did I make any abuse allegations or reports at any time. I was first informed by the first doctor that Rachel had reported to him that her father was sexually abusing her and Rachel continued to talk more and more about the abuse that she had been subjected to by her father- continually expressing fear of having to visit him, repeatedly terrified by death threats that her father would kill me, herself, her grandmother and her beloved dog, if she dared to tell about the abuse ("bad secrets"), especially to Social Services. Rachel exhibited all the signs/behaviors consistent with a child being abused. Rachel also reported the same information about the abuse to all doctors and witnesses. A report was also filed with the Anaheim police department at the instruction of a Captain from the Garden Grove Police Department who interviewed Rachel, also disclosing abuse to him, and a detective was assigned to the case. However, the police, nor the detective (Whitlock) never did conduct any investigation about the abuse. Instead they only listened to the lies told by CPS. The CPS workers never interviewed me, especially Susan Pinkham, the one who placed my name on the CACI, nor did they ever conduct a proper and complete investigation into the allegations. In April of 2003, my ex filed contempt charges against me for denying visitation to him. However, at the request of Rachel's father, the contempt charges were dismissed in order to prevent the court allowing me to have a hearing on whether I was in contempt of court. My ex dismissed the charges in order to prevent the evidence from surfacing. I was denied a hearing at that time as well. Despite the abuse reports and the contempt charges being dismissed, Rachel was still removed from my custody on June 4, 2003, and temporary custody was given to her father by Judge Firmat, which was to be for 60 days only- 60 days turned into over 6 years and still no trial. Since the contempt charges were dismissed, custody never should have been changed- the court had/has no evidence against me to have removed Rachel from my custody. Therefore, I have been in "temporary" orders for over 6.5 years, nor have my parental rights ever been terminated. In addition to losing custody, I was placed on unnecessary monitored visitation the same day, without being proven that I was an unfit mother for 6 months at the cost of $6000.00 For 5.5 years, Rachel was not allowed to receive photos, cards, letters or gifts from me or any family member, even on her birthday or at Christmas. My family and I have missed 6 of Rachel's birthdays, 7 Christmases/ every holiday, special occasions/vacations. I am denied the right to know her residence and until 2008 I was not allowed to have any information on her schooling, progress in school, or the right to talk with or meet her teachers or attend any events at school. I am still being denied the right to all of Rachel's medical, dental and all other health records. My entire family and I have been completely cut out of Rachel's life. Due to a court order, I am allowed only two hours a month of telephone contact with Rachel, which is both monitored and recorded by her father, which allows him to terminate the phone call at any time, which he often does. I have been fighting to regain custody and for justice for Rachel that she so rightfully deserves since August of 2002. I have fought through the entire court system, filing an appeal, a civil action, at the Federal Court of Appeals for the Ninth Circuit. My case was held there for 16 months, with 4 federal judges recusing themselves due to their "personal friendships" with my defendants before the court dismissed my case. During an interview with Rachel's attorney, Harold LaFlamme, Rachel told him that her father was hurting her and that she did not want to visit him. Mr. LaFlamme's response was "I don't believe you, and do you want your dad to be arrested and go to jail?" Mr. LaFlamme was appointed to advocate and protect her but instead he coerced, manipulated and threatened her. The issue of the violation of our Constitutional rights were never addressed or even "mentioned" by the Ninth Circuit Court of Appeals. I will continue to fight for our rights and for sole legal custody, protection and justice for Rachel. I will never surrender.

A MESSAGE TO MY DAUGHTER:
To my beautiful daughter, Rachel Renae- the best part of every day-

I want you to know that I will always love you no matter what and that I will continue to fight for you to bring you back home. You are my greatest joy and blessing from God and I feel very blessed to be your mother. May you know that you have filled my life and my heart with more love, joy, laughter and happiness than I have ever known. Always remember how special and unique God has made you, the image designed only for you by Him, touching my world and all of those who love you with your own special magic, .... I love you so very much my sweet girl and I am forever proud to call you my daughter. I am here for you whatever this life brings, and I want you to always believe in yourself, your abilities and talents, as I believe in you, and will always support you.

Each time I hear you in my mind, I thank God for your sweet voice to comfort me, and with each vision of you walking towards me in my mind, I thank God for the precious gift of your life.....longing for the day when you will run into my arms again...be strong, my angel, for I am here for you and always will be. I love you and miss you more than you will ever know. Love ~ MOM

FROM MOTHER TO DAUGHTER:

In your life, if I could give you a very special gift, it would be this: When you look in the mirror, may you smile a hundred times at what you see. Smile because you know that a loving, capable, smart, brave, strong and a very precious person is reflected there. And when you look at me, may you remember how very much I love you and how much I will always care. Our love and bond is everlasting. You are the best and bravest person I have ever known and I am so very proud of you! Love~ MOM

Written by Kristin Hanson - A mother's painful and tedious journey through a broken court system to fight for justice for her daughter.

5 comments:

Unknown said...

http://blip.tv/file/708533

Breaking The Silence; Children's Stories October 2005 PBS Documentary- (1hr 4 min)

This powerful PBS documentary chronicles the impact of domestic violence on children and the recurring failings of family courts across the country to protect them from their abusers.


In stark and often poignant interviews, children and battered mothers tell their stories of abuse at home and continued trauma within the courts. The one-hour special also features interviews with domestic violence experts, attorneys and judges who reveal the disturbing frequency in which abusers are winning custody of their children and why these miscarriages of justice continue to occur. This Documentary is a part of the Inter-American Commission on Human Rights lawsuit in conjunct with other National Organizations on behalf of Battered Mothers and Battered Children Nationally. Entire Petition here: http://www.stopfamilyviolence.org/ocean/host.php?folder=3&page=468

Tanya Hanson said...

This is an interesting take on what really happened.

GJ3200 said...

What about bipolar mothers who hit, abuse and neglect their children. and they go to get help nut still subject the kids to their mental disorders and violent tendencies. And the inability to deal with their emotions and lack of responsibility to hold jobs, out of control spending, etc. But if the dad who is responsible and can take care of the kids with no problems is treated like the devil during a divorce!! And CPS is a joke! They do literally protect child abusers. My ex testified to punching and kicking my kids in the head and they said it was ok!! 6 instances of abuse committed by her and I'm the bad guy. I will never understand the court system and CPS. If they think it's a plot to make the other parent look bad for custody reasons they're insane. I'm sure they have a tough job. And they get false accusations all the time. But what if the other parent has a mental disorder and a history and they don't look at it. And the other side says the other side is doing it only for cusotdy reasons what then? Your stuck with an apathetic group of people who think your full of bull. And they won't really look at your case, they'll just go through the motions. The system needs to change, if all this game playing is going on.

She's My Husband (Tales from the Non-Binary said...

Harold LaFlamme just finished turning my son against me and siding with a father whois bipolar and a chronic binge drinker. Dad is in his 50's and has never maintained his own residence. Not a house, apartment, igloo or tent.
He lives with his codependent mom, who after failing to protect him from a binge drinking abusive alcoholic father and letting the father who raped her for years alone with her son so he could (and did) sexually assault her son, abandoned her 14 years of age. To the street and then to the state. She spends thousands and thousands of dollars on attorneys covering up his 3 DUI's. Tens of thousands more has been expended for attorney's to help him avoid paying child support fr his daughter ($63,000 in arrears, and to punish me for leaving and coming out. When I ended up in a coma after being run down by a drunk driver while biking, he and CODA mo refused to help. My 70 something father cared for my son whilst they waited to see if I'd ever wake up, and when I did wake-up continued support until I learned to walk, talk, overcome right side paralysis...and cope with life having a brain injury. When I had left my son's dad I consequently discovered he was married to his daughters mother. knowing how hard it was for him to pay child support I made a deal with him. have a relationship with his son and I would never come after him for support. I kept my word facilitating visitation every 3 weeks for a weekendand unlimited phone contact.
I won a settlement from the accident. he seemed to think I was rolling in cash and tried to blackmail ninety thousand dollars from me.
When I refused he sued me for divorce and custody asking for $8,900 monthly in spousal & child support. He told me he would drain my wallet in family court. He succeeded. He has never followed any court order, but has used the system to punish me. I have followed all ridiculous court orders.
Last year our son was on his summer v when I was notified on a Friday afternoon of an ex parte hearing on Monday.
My son had been taken to LaFlamme the previuos day where a purely fictional story of me shooting up drugs in front of my son and forcing him to sleep on the floor was presented. Based on those lies his office illegally referred him to an attorney based on the fact that she was a "big bitch". That atty tried to play it off saying they were waiting for minor to be taken to LaFlamme. Knowing full well she was commiting perjuery. LaFlamme sent legal assistant and born again Christian Nancy Kyler to do an "investigation". And unqualified person who has no training is making recommendations regarding my family's future. She isn't a fan of the gay. She refused to take any evidence exonerating me from the ficticious declaration filed by my sons dad. Mind you I have joint legal custody but minors counsel has blocked access to any information on my son and obstructed visitation. They even told his new school I was an anusive mom who shot up drugs in front of her son. The school principal tried to bully me into just going away. I went to the district and was finally giben access to his online grading. The school was instructed ti mail me reoorts and all communication regarding my son. They neber did. When I told Nancy she told me "Your son lices with his dad now. Hes in school and happy. Why can't you just leave him the hell alone?". Slamming down the phone.
I habe zero recourse. Howeber 15 years. Of raising my son could not be erased and he contacts me and see's me. Sadly he is raked over the coals for a few days after seeing me each time and anything I give him is discarded or put down until he is ashamed of it.
Your daugjter knows you love her. She will come to you. I say that not to dismiss tje absolutely agonizing pain each day you wake up without her...but to remind you of the small joys in bits of contact and the fact nobody can stop you when she is 18.

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