Ask Rapid City Diocese to Protect Families

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Contact the Rapid City Diocese

If you want the Church to speak up in defese of children and reliable spouses who are forced to live in separate homes by no-fault divorce, ask the diocese to provide a public answer to our letter, dated September 26, 2008.

send e-mail to lhausmann@diorc.org
cc: ma.defending@marysadvocates.org

sample message:
I reside in the diocese of ___. Message for Fr. Rev. Leo Hausmann, Judicial Vicar, Diocese of Rapid City.

Facts were brought to your attention about a Catholic family in which children were forcibly separated from their father by their own mother who obtained a no-fault divorce. Pleaes read Stephen Baskerville's book, Taken into Custody, the War against Fatherhood, Marriage and the Family, to gain a better understanding of the experience of defendents in no-fault divorce.

We ask you to apply canon law in this situatio and present clear teaching. This family might be restored and the public could be protected from scandal, lest they erroneously conclude that the Church has no objection to forced, no-fault divorce.

Mary's Advocates September 26, 2008 letter

Fr. Leo Hausmann
Judicial Vicar
Tribunal, Diocese Of Rapid City
Po Box 678
Rapid City, SD 57709

Our Holy Father recently reiterated a long-standing understanding among Catholic thinkers. "[The] family is the foundation on which the whole of society rests. Moreover, Christians know that the family is also the living cell of the Church," (French Episcopal Conference Sep. 14, 2008).

We are bringing to you information about a scandalous pubic offense where children have been forcibly separated from their father. We implore you to get involved and "enquire about the facts and circumstances, and about the imputability of the offense" (canon. 1717). [The Wife], a professed Catholic mother of eight children sought and obtained an no-fault divorce against defendant-husband and father, [The Husband]. No-fault divorce is the process by which any spouse can force a divorce on their family and the faithful spouse can do nothing to stop it. At the time [The Wife] took her children from her husband, their youngest child was two years old.

To assist you in understanding the no-fault divorce process, we are sending you under separate cover a copy of Stephen Baskerville's book Taken into Custody, the War against Fatherhood, Marriage and the Family.

Divorce is not a private matter "because of its contagious effect which makes it truly a plague on society" (CCC 2385). [The Wife] has the duty to maintain a common single household for her family unless a legitimate moral reason for separation exists (canon 1151). According to canon law commentary recommended by the President of the Pontifical Council of Legislative texts, [The Wife] has no reason to separate from [The Husband]. if he is not an adulterer, is not being repeatedly dangerous, or is not preventing her or the children from practicing their faith (Exegetical Commentary can. 1151, p1585).

Enclosed is a copy of [The Wife's] original divorce complaint, dated August 22, 2003 and the decree of divorce dated May 14, 2004. Her reason for obtaining the divorce was alleged irreconcilable difference between she and her husband. (Complaint. No. 4; Decree. Par. 2).

Over two thirds of divorces are sought for immoral reasons when there is no abuse, adultery or grave drug or alcohol problems (McManus 123). While the relativist world accepts that any spouse must be able to split their family whenever they feel like it, Catholics have more dignity and recognize the harm to children. The Pontifical Council of the Family identifies the mistake made by those who promote "free love" as the justification for divorce.

"Free love" exploits human weaknesses; it gives them a certain "veneer" of respectability with the help of seduction and the blessing of public opinion. In this way there is an attempt to "soothe" consciences by creating a "moral alibi". But not all of the consequences are taken into consideration, especially when the ones who end up paying are, apart from the other spouse, the children, deprived of a father or mother and condemned to be in fact orphans of living parents. (Jubilee of Families)

We understand [The Wife's] priest is in a blessed position to help her gain a correct sense of the faith. Priests' responsibilities toward families are described in Pope John Paul II's teaching, Familiaris Consortio:

Priests [...] must unceasingly act towards families as [...] pastors [...] enlightening them with the light of truth. Their teaching and advice must therefore always be in full harmony with the authentic Magisterium of the Church, in such a way as to help the People of God to gain a correct sense of the faith (Sec. 73).

Please exercise paternal, pastoral care on behalf of the Lefevre children, their father, and all those scandalized by no-fault divorce.

We ask for [The Wife] to be advised that:

1. She has an obligation to restore and maintain a common household with her husband (canon 1151-1155).
2. She has an obligation to only seek separation decrees that are not contrary to divine law and only after obtaining permission from her Bishop (canon 1692).
3. There is difference between a faithful husband, who has sincerely tried to be faithful to the sacrament of marriage and is unjustly abandoned, and an abandoning wife who through her own grave fault destroys a marriage (CCC 2386).
4. Divorce is immoral also because it introduces disorder into the family and into society. This disorder brings grave harm to the deserted spouse, to children traumatized by the separation of their parents and often torn between them, and because of its contagious effect which makes it truly a plague on society (CCC 2385).
5. Divorce is a grave offense against the natural law (CCC 2384).
6. If [The Wife] insists on reneging on her responsibilities and continues her grave immoral offense against nature and her family, she should be denied communion (can 915).

Pope Benedict XVI had provided directives for pastors regarding those in manifest grave sin in his 2004 teaching, Worthiness to Receive Holy Communion, General Principles:

[His] Pastor should meet with him, instructing him about the Church's teaching, informing him that he is not to present himself for Holy Communion until he brings to an end the objective situation of sin, and warning him that he will otherwise be denied the Eucharist (Par. 5).

Archbishop Raymond Burke, Prefect of the Apostolic Signatura, wrote about denying communion to those in grave sin.

... [The] discipline is not penal but has to do with the safeguarding of the objective and supreme sanctity of the Holy Eucharist and with caring for the faithful who would sin gravely against the Body and Blood of Christ, and for the faithful who would be led into error by such sinful reception of Holy Communion (conclusion).

If the Church remains silent, [The Wife] may believe that she's done nothing wrong or hurtful to her own family. She may have a misinformed conscience and never repair the damage she's causing and not restore her family to its natural intact state. Inspired by the readings this past 23rd Sunday in Ordinary time, we seek to win over our sister who publicly appears to be sinning against our brother (Mat 18). We also trust God's grace can restore any marriage.

If the Church remains silent, others erroneously (though understandably) conclude the Catholic Church has no objection to a process that abducts children from a reliable spouse, forcing this spouse to pay support for a second household in which he is not allowed to live.

Sincerely,

Mary's Advocates

Citations

Burke, Ramond L, Archbishop. Canon 915: The Discipline Regarding the Denial of Holy Communion to Those Obstinately Persevering in Manifest Grave Sin. Periodica De Re Canonica. vol. 96 (2007) pag. 3-58

Instituto Martin de Azpilcueta. Exegetical Commentary Code of Canon Law.Ed. Angel Marzoa, Jorge Miras, Rafael Rodriguez-Ocana. Woodridge, IL: Midwest Theological Forum, 2004.

McManus, Michael J. Marriage Savers,: Helping Your Family and Friends Avoid Divorce. Grand Rapids, MI: Zondervan Publishing House, 1995.

Vatican. Pontifical Council for the Family. Jubilee of Families, October 14-15, 2000, Themes for reflection and dialogue in preparation for the third world meeting of the Holy Father with families, "Children, Springtime of the Family and Society." Children, Orphans of Living Parents. Sec. 9