Parent committed child abuse by making false claims of sexual abuse

Posted on December 5, 2012 by Sandy Durst

Parties going through a divorce often seek out any advantage they belief will give them the upper hand and increase their chances of realizing a favorable outcome.   When dealing with the emotional issue of child support and custody, parents often feel compelled to exaggerate or even fabricate allegations which would render the other parent unfit.  Recently, the New Jersey delivered a stern warning to ay parent who may decide to fabricate allegations of sexual molestation or abuse by the other parent.  In the case of DYFS v. C.O., A2387-11, the mother not only lodged false claims against the father, she also coached the daughter on how to corroborate the false claims.  As a result, the child was required to submit to physical and psychological exams as part of the sexual abuse investigation.  By forcing the child to play a key role in her deception, the Court found that the mother showed a reckless disregard for the child’s well being.  Such conduct on the part of the mother constituted child abuse.

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Pennsylvania takes steps to further protect children from abuse

Posted on November 29, 2012 by Sandy Durst

A recommendation from a PA task seeks to place attorneys into the class of professionals who are designated as a mandatory reporter of alleged child abuse.  Such a rule clearly places the welfare of the child as the highest priority; as it should be.  However, there are implications for NJ family law attorneys.  NJ attorneys are already required to report credible allegations of child abuse.  Child abuse, particularly by a parent, is one of most serious allegations that can be raised during a divorce.  Sometimes the claim are unfortunately true.  Other times, the claims are fabricated by the other parent in the belief that doing so will create a tactical advantage.  Once allegations are reported – by an attorney or any other mandatory reporter – an investigation will result and could tear the family further apart.  In NJ, the lodging of knowingly false abuse claims can be considered a form of child abuse. When a client raises claims of child abuse I am forced to take those claims seriously.I remind them that I am obligated to report any such claims if I believe them to be authentic.  I then explain the chain of events that a claim will initiate.  Abuse claims should not be made lightly or taken lightly.   Abuse of children is never appropriate.

 

TASK FORCE SUGGESTS MAKING ATTORNEYS MANDATORY REPORTERS
A Pennsylvania task force created in the wake of the Jerry Sandusky and the Archdiocese of Philadelphia priest sex-abuse scandals proposes that attorneys be added to the list of mandatory reporters who must report suspected child abuse. The proposed change makes exceptions for confidential communications to lawyers “but only to the extent that such communications are protected under the rules of professional conduct for attorneys.” The task force said it was adding the “‘only to the extent'” provision in order to narrow the scope of privilege regarding confidential communications made to attorneys. The proposal was part of the final report of the Pennsylvania Task Force on Child Protection, released Tuesday.

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An open letter to Hope Solo & all victims of domestic violence

Posted on November 14, 2012 by Sandy Durst

Dear Hope Solo;

The recent headlines surrounding the claims that you are the victim of domestic violence are troubling.  As the facts continue to evolve I sincerely hope that this is all some tragic misunderstanding and that you are not being abused by someone you love and trusted. Sadly, the statistics do not point to that reality.  Love is many things, but it should never be violent or abusive.  All too many people – still mainly women – are victimized by their spouse, partner or boyfriend.  Physical, verbal, and emotional abuse are all damaging and can inflict long term pain on the victim. Only by taking proactive steps to end the cycle of domestic violence can the healing process truly begin.

You came to our national consciousness in part to the strength and courage you displayed as a member of the national women’ soccer team.  Just as you protected the goal, you now need to protect yourself.  If the relationship is truly abusive, please leave it immediately.  If you need ongoing protection seek a restraining order.  Do not let your physical and mental strength convince you that you can handle this alone.  You cannot.

You are a role model to many people in the USA and around the world.  Many of your fans are young girls who look up to you and want to be like Hope.  Show them that domestic violence is never acceptable.  Demonstrate your true strength.  Let them see you stand up foryourself.  By doing so you can teach all the young girls who follow you the importance of self respect.  It is unfortunate that you need to go through this drama in public.  But since you must, use this as a teachable moment.  If you do, your influence will extend well beyond the soccer field.

***I have no professional relationship with Hope Solo or anyone else involved in this story. The facts of this situation continue to evolve and everyone is entitled to their day in court.***

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Can I change my name after my divorce

Posted on November 8, 2012 by Sandy Durst

After a divorce, many women wish to resume a former name. In NJ, there is a right to do this provided the name change is not being sought o avoid creditors or criminal prosecution. The decision to change names lies with the party who changed their name; this is typically  still the wife. The husband cannot force a name change and cannot prevent one.

If you are considering changing your name after the divorce, it is best to let your attorney know as possible. This way, the request can be incorporated into the settlement agreement and the necessary information can be offered for the court to consider at the final hearing. he final judgment of divorce will serve as the court order which authorizes the change. Interestingly enough, the law does not require the requesting party to resume a former marries name or birth name: any new surname can be sought.

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Register your child’s passport to prevent unauthorized internation travel

Posted on November 4, 2012 by Sandy Durst

Today’s mobile society presents many potential problems for divorced parents. Once such problem can be the unauthorized removal of the child from the United States. Depending on where the child is taken, having them returned can be time consuming and expensive. With certain countries, having the child returned is nect to impossible. One need only to review recent headlines to learn of such cases.

In an effort to provide assistance to parents, the State Department has implemented the Children’s Passport Issuance Alert Program (CPIAP) If the child is a United States Citizen and under the age of 18, a parent can register the child for the program. It is important to note that a parent does not have to have custodial rights to register a child. A parent is inky prohibited from enrolling a child in CPIAP if they have had their parental rights terminated by a court.

Once enrolled, the registering parent will be notified if a passport application has been submitted on behalf of the child. Enrolling a child in CPIAP does not prevent international travel but can be an importnat safeguard.

Additional information can be found at http://travel.state.gov/family/abduction/resources

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