I need your help
Please
Donate
to the True Marriage Project.
Please
Write to those who can help: Ambassador from Vatican to the United States, and Steve Habisohn, founder of e5 who should follow his bishop, and sign petition to US bishops.
|
Journal of Significant Proceedings (The divorce industry's propaganda is that they protect the best interest of children)
1/17/06 Appeal to High Court Submitted
An Ohio mother of four has launched
a constitutional appeal against an Ohio civil divorce and custody decision,
arguing her religious beliefs and free speech were used against her in
the proceedings. ... Mrs. Macfarlane is a stay-at-home mother and
devout Roman Catholic who homeschooled her children until 2004. ... The
civil divorce court refused to allow a third party arbitrator, the ecclesiastic
authority of the Roman Catholic Church, to determine separation procedures,
financial settlements and custody of the children. This is despite legal
precedents set in cases of Jewish or Islamic marriage. ... see press
release
8/4/05 Appeal to High Court announced
Mother's potentially precedent-setting
appeal was submitted by Ave Maria School of Law professor Stephen Safranek.
The Constitutional Law professor argues: “The courts need to take into
account the religious faith and practices that the couple agreed upon when
they married. In this case, the court has allowed the father to place one
child in daycare and is preventing the mother from caring for her children
even though she is willing to do so." ... "Her religious freedom,
and her desire to instill good morals in her children were used against
her in the proceeding" said Professor Safranek. CNA
news To donate to the legal fund in this case, contact
www.truemarriage.net.
7/11/05 Judge Cheryl Karner's Ruling
Father, who works full time, is
given permanent custody of children, even pre-school age children.
Stay-at-home mom is denied authority over her children's education, extracurricular,
medical, and social decisions. She is 'given' time to visit with
children and will have to get full time job to support herself and children
when spousal support ends. Mom was never found guilty of any abuse.
The judge wrote on page 18 of the decree,"The Adjustment of the Children:
par 41. Mrs Macfarlane has done something right. Her children are
terrific." The judge however was displeased that this mother wanted
to continue the education of her children as they had always been educated
and she let her four year old say "Daddy broke our family."
5/16/05-5/27/05 Hearing.
Two Weeks of testimony was given
to the judge. Husband's only witnesses were school teachers who've
met him briefly. Wife's witnesses included 4 different godparents,
and spouse of godparent. All wife's witnesses have known the couple
for years and believed the mother should have custody of children.
The court psychologist and court ordered children's attorney advised court
that father should keep children. The court psychologist's report
of wife was rebutted by an MMPI expert who testified that the interpretation
was not supported by the data in the standardized test. The court
psychologist's report regarding education was rebutted by Brian Ray, homeschooling
expert who testified that the court psychologists opinion regarding education
was unsubstantiated.
2/17/05 Ave Maria School of Law professor Stephen Safranek submitted an argument to the state court that a divorce case must be transferred to a Catholic Ecclesiastic Tribunal for arbitration. In the memorandum, Safranek argues that Ohio law, “favors arbitration agreements and seeks to uphold them.” Citing legal precedents in favor of arbitration, including many cases where religious tribunals were the arbitrators, he asserts: “Courts have readily recognized antenuptial agreements demanding the help of religious tribunals.” ... “A failure of the courts to recognize the arbitration rights of the Catholic Church in this case not only violates the understanding Marie had when she entered upon this marriage, it necessarily entangles this court in issues relating to Catholic law, teaching, faith and belief.” Read the memorandum from Constitutional Law Professor
12/08/04 Our canon law case, regarding ecclesiastical code for separation and divorce, is pending at the Apostolic Tribunal of the Roman Rota. Because we have a defacto prenuptial agreement to follow the rules of the Code of Canon law, my civil attorney is continuing to argue that the ecclesiastic court determination is very relevant to our civil divorce case. We are waiting for findings of facts and conclusions of law from the civil judge as to why she's dismissed this argument so we have something to appeal. Canon law case publicized by CNA news, EWTN and Spirit Daily. (Read my first-person account)
11/22/04 The judge, the children's
attorney and the court-ordered psychologist (latter two are professed Catholics)
will not let our four year old out of day care. Psychologist written
report states why. "wife as falling into 'an extreme and marginal group'
regarding her religious beliefs and beliefs of divorce. ... she has been
on a 'crusade' since this divorce process began." ... "During
her visit (to court psychologist) with [four year old son], she asked him,
'Where would you like to be during the day, School, Mom's house, or Dad's
house?' Cletus responded that he would like to be with his mother. Bai
also asked Cletus in my presence, 'Why aren't you at my house anymore?'
Cletus responded, 'Because Daddy broke up our family.'" ... "Of great concern
are her interactions with Cletus in my office. Specifically, she encouraged
Cletus to state that his father was 'breaking up' their family.' Also of
great concern is the fact that Ms. Macfarlane appeared to view this as
positive. She has not demonstrated that she has an understanding of how
this is potentially very damaging. While it is the Court's purview to determine
visitation, it frightens me that she seems to have learned very little
about children's adjustment to divorce based on her unwillingness to accept
this divorce."
From my perspective,
our children have know from
their own father, that to leave one's spouse, is to "break a family."
I never encouraged our children to say anything other than to speak the
truth of what is on their mind and heart.
11/4/04 I want to get our youngest, who just turned four, out of day care. I want to get our first grader, back home to homeschooling, which the psychologist said was in his best interest. At least during my husband's working hours the two youngest could be brought to mom. But the gaurdian-et litum will do nothing. Today, he said it would be better for Clete to be in day care because the daily transition between leaving Mom and going to Dad every afternoon would be worse than the daily transition between leaving daycare and going to Dad every afternoon. His solution to preventing Clete's traumatic transitions of leaving Mom, is to have Clete not see mom at all!
10/20/04 Court and husband give mother option of 'visiting with sons' every other weekend and for 3 hours one weeknight. Mother reluctantly signs agreement. She was warned if she doesn't accept this agreement she could keep the old visitation schedule with even less hours and supervision. Husband and court refuse to consider letting leting three-year-old get out of day care. Husband and court refuse to let first grader be homeschooled even though he was still allowed to be homeschooled according to court pyschologist. Court wouldn't even consider the option of having all the boys return to mother even if the older boys go to school recommended by psychologist.
9/27/04 Youngest son cries whole time he's on phone with mother during court-ordered 10 minute daily time limit.
9/23/04 Husband and court in unison give mother the option of signing agreement to only be with her four sons with supervision for several hours on Saturday and Sunday. Youngest son, age three, is in day-care. Court orders restraining order against stay-at-home mom from spending time with three year old at day care center.
9/13/04 Emergency hearing.
Court orders Plaintiff, father, to take full custody of children.
Two older boys are to go to school recommended by government psychologist.
Third son is enrolled too, though psychologist recommend he continue in
mother's preferred schooling for two more years. Court issues
restraining order; mother can't enter school property.
see photo of father delivering
court order with police escort
9/9/04 Children's attorney,
John
Ready submits brief in opposition to mother's argument that the Church
tribunal has jurisdiction. John argues that he and the judge, as
the agents of the state, must have parenting authority; this is, in his
opinion, a necessary protection by the state to ensure that the best interests
of the children are protected.
read
John Ready's argument, as to why the State ought not allow the parties
to use thier ecclesiatic authorities to arbitrate.
9/8/04 Mother meets again with psychologist, Deborah Koricke, and repeats that she wants a hearing regarding schooling of children. Deborah still disagrees with mother regarding what is in the children's best interest. She is unmoved by oldest son's enthusiasm for family's schooling method, and disagrees with three books which support this schooling choice of mother containing many psychological studies.
8/30/04 Mother continues schooling of sons as had done their entire life, and does not follow psychologist recommendation. She is defying the court order which only exists because she signed an agreement 1/30/04 to change children's' schooling. Earlier agreement was signed, according to the mother, under coercion and duress.
8/23/04
Defendant filed motion to Vacate Court orders and transfer jurisdiction
to Church.
read legal brief
read affidavit by neighboring
diocese chancellor, couple has prenuptial agreement
read press
release
8/19/04 Mother and children meet with court psychologist, Deborah Koricke and bring two book bags of schooling materials. Oldest son explains to Deborah why he likes his present schooling method and shows her why he likes his science, grammar, history, reading, composition and other books. Mother leaves Deborah with three books which document the advantages of present schooling method.
8/18/04 Pretrial meeting. Court postpones final hearing and attributes delay to needing another report from psychologist, Deborah Koricke, to determine with which parent children should live.
7/26/04 Husband amended his civil complaint for divorce to include the ground, “the parties have, without interruption for one year, lived separate and apart without cohabitation.” This is routinely used by Ohio courts to grant forced no-fault divorces.
6/14/04 Mother's attorney advises court that she only signed earlier agreement regarding parenting choices (specifically education) under coercion and duress. Mother requests hearing on education -- wants to bring in experts who have different opinion than court ordered psychologist, Dr. Deborah Koricke. Mother also wants a hearing regarding visitation. She objects to rule 18 (too much time away from home, impossible to visit out-of-town relatives) which she never understood when she was advised to sign 10/7/03 agreement under coercion and duress.
12/30/03 Defendant, mother, signed agreement to quit her preferred method of schooling. According to second-hand-information, the judge, Cheryl Karner, advised mother that the children would be taken away from her if she were to continue their schooling method. Mother was not advised before 10/6/03, when she agreed to pay Deborah Koricke $3000 for her opinion, that the court would expect mother to obey the recommendations or face the penalty of losing her children.
12/22/03 Defendant received copy of psychologist report in which this 'expert,' Deborah Koricke, recommended that the children's education method be radically changed. [Deborah ignores the science that demonstrates millions of children in America are thriving in this same method.] Deborah said they should change schools immediately. She also recommend that the boys do extracurricular activities chosen by their father for one quarter, and by their mother the next quarter. She also thinks the boys should go back and forth between mom and dad all summer long alternating weeks. The mother has done research on the effects of divorce on children and no scientific studies conclude that splitting children between two single parent households is good for them, and alternating extracurricular quarterly is ludicrous.
12/17/03 Defendant, mother, files dismissal of her previous statements which give court grounds for divorce. She wants to fight the divorce.
mid December
Mother learns that her attorney
had her sign papers giving the judge grounds for divorce, though she wants
to fight the divorce. Her attorney advised her that no one ever gets a
hearing based on grounds for divorce even though the Ohio legislature has
the grounds on the law books. He warned her that if the court psychologist,
Deborah Koricke, or the court ordered children's attorney ever learned
she was doing her own legal research, they'd think she was crazy. Only
a crazy person does her own legal research.
10/7/03 Pretrial meeting
Mother
agreed for father to take children away from home to the place he rented
most weekend time and three days a week. Mother only signed these
because she was warned by children's attorney, John
Ready, that if she doesn't sign some agreement the judge could give
her something worse. Mother was also advised that she had to come
up with visitation agreement in order to receive any spousal and child
support. Ohio law does not specify either of these condition.
10/6/03 Government/court psychologist is named to have power to determine what is in children's best interest. Dr. Deborah Koricke, is to be paid $3000 in advance by court order. [As of 10/3/04, Deborah still has spoken to no one other than parents and children. Deborah told defendant that she does NOT want to talk to friends or extended family.] The county court docket states "AGREED JOURNAL ENTRY...DR. DEBORAH KORICKE OF CENTER FOR EFFECTIVE LIVING IS APPOINTED AS COURT'S WITNESS TO CONDUCT A FORENSIC CUSTODY EVALUATION... VOL 4209 PGS 0942-0944" But I didn't agree; I was coerced and put under duress; I was advised by my first attorney on 8/26/04 that the court was ordering this and that I didn't have any other option - so I signed papers. He also told me and my father, "This would be the best $3,000 you ever spend." My attorney had never told me that I could insist that I want full custody of our children or that I didn't want to give a psychologist authority to make parenting decisions. He wanted me to agree to split my children between two broken homes. Nowhere in Ohio law could I find the phrase "forensic custody evaluation." I think the attorneys and psychologists made up this phrase. The psychologist's evaluations were conducted off record and all of her subsequent reports contain only hearsay, unsubstantiated opinion and incomplete representations of standardized psychologist tests.
9/8/03 Parenting authority is given to government. John Ready, is assigned as boys guardian.
8/26/26 My first attorney, John Zoller advised me the judge is requiring me to have a psychologist get involved and a guardian ad litem and childrens attorney, councel. My attorney had me sign papers regarding these two appointed personnel.
8/19/03 Father, who'd been an avid public supporter of homeschooling submitted written statement to court asking for court to forbid mother from homeschooling. Read father's affidavit.
July 03
Husband abandoned wife. Exact reasons
remain a mystery to wife.