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Mon May 20, 2013, 07:05 PM

Ex-Hasidic Mother Loses Custody of Children (might jeopardize the children's religious upbringing)



A 32-year-old mother from Monsey, N.Y., has lost custody of her children due largely to what a judge described as the mother’s inadequate religious observance. Kelly Myzner, mother of three boys, ages 5 to 8, recently had her children removed from her home, following a custody battle that ended with a ruling in favor of the Hasidic father.

In a ruling dated April 22, 2013, Judge Sherri L. Eisenpress, of Rockland County Family Court, ordered the custody transfer “despite the children’s expressed wishes.” The judge acknowledged that the mother has been the children’s primary caretaker, that the children were “extremely bonded” to her, and that she appeared to be “far more involved and vigilant” about their care than the father. Still, the judge worried that the mother’s lax religious observance would “tremendously confuse” and harm the children.

Complicating the case are allegations of physical and sexual abuse brought by the mother against the father, and the judge’s speculation that the complaints were only a ploy to alienate the children from their father. Myzner claims that she had no such intentions, and the court ruling acknowledges that the father regularly used corporal punishment coupled with a bad temper.

On May 14, after an unsuccessful bid for a stay on the order, the children were removed from Myzner’s custody. Due to pending investigations against the father on abuse complaints, the children were placed in foster care.

http://www.unpious.com/2013/05/ex-hasidic-mother-loses-custody-of-children/#.UZoynLvvhQM.facebook

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Reply Ex-Hasidic Mother Loses Custody of Children (might jeopardize the children's religious upbringing) (Original post)
cleanhippie May 2013 OP
hrmjustin May 2013 #1
IrishAyes May 2013 #2
hrmjustin May 2013 #3
rug May 2013 #6
hrmjustin May 2013 #7
cleanhippie May 2013 #11
rug May 2013 #15
mumunderfire May 2013 #18
hrmjustin May 2013 #19
Arkansas Granny May 2013 #4
dimbear May 2013 #5
rug May 2013 #8
okasha May 2013 #9
rug May 2013 #10
protective mom May 2013 #13
protective mom May 2013 #12
hrmjustin May 2013 #16
WolverineDG May 2013 #14
protective mom May 2013 #17
Marrah_G May 2013 #20

Response to cleanhippie (Original post)

Mon May 20, 2013, 07:11 PM

1. This judge needs to be removed.

 

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Response to hrmjustin (Reply #1)

Mon May 20, 2013, 07:22 PM

2. Absolutely. This is a severe miscarriage of justice.

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Response to IrishAyes (Reply #2)

Mon May 20, 2013, 07:23 PM

3. I wonder if it is an elected judge.

 

I would not be surprised.

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Response to hrmjustin (Reply #3)

Mon May 20, 2013, 09:28 PM

6. Family Court judges are elected in New York.

 

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Response to rug (Reply #6)

Mon May 20, 2013, 09:33 PM

7. I am not surprised thats how he ruled. The hasidic community is very big in Rockland county.

 

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Response to hrmjustin (Reply #7)

Tue May 21, 2013, 11:06 AM

11. And shows yet another reason why religious beliefs should not have a place in secular systems.

Our Judicial system is supposed to be secular, yet the personal religious beliefs of both the judges, jurors, plaintiffs, and defendants are routinely considered. This is an example of that consideration in action. And it's terrible.

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Response to IrishAyes (Reply #2)

Sun May 26, 2013, 03:06 AM

18. When PAS and religious bigotry combine

There are literally thousands of women who have a story about how custody was taken from them and given to their abusive partner because they had the nerve to accuse him of abuse, expecting to receive a just outcome in the courts. Parental Alienation Syndrome still rides high in the custody arena despite the originator of the theory, Richard Gardner, having been totally disgraced and his theory shown to be without any scientific basis. Gardner showed his true colors when he declared himself pro-pedophilia because it is "beneficial to the species - increasing the likelihood that a child's genes will be transmitted at an early age"! He also wrote: " women's physiology and conditioning makes them potentially masochistic rape victims who may gain pleasure from being beaten, bound and otherwise made to suffer, as the price they are willing to pay for gaining the gratification of receiving the sperm."

What a guy! And yet he is loved by the fatherhood supremacists and the women fearing judiciary. Add religious bigotry into the mix and hell - this poor woman doesn't stand a chance. Even if the psychs and evaluators support her, the PAS theory will accuse her of being in league with them and drawing them into her vindictive scheme to uses false allegations of abuse to undermine her spouse and keep the child to herself.

The Family Courts are totally messed up! This story is not at all unusual

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Response to mumunderfire (Reply #18)

Sun May 26, 2013, 09:55 AM

19. Welcome to DU and the Religion Room my friend!

 

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Response to cleanhippie (Original post)

Mon May 20, 2013, 07:35 PM

4. How terrible for the children and the mother.

If one of these children is injured by their father, this judge needs to share the punishment.

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Response to cleanhippie (Original post)

Mon May 20, 2013, 08:19 PM

5. What a mess this case is. The kids may be best off in the system.

Mom ain't no prize.

Still and all, the moral for women is don't marry a member of a religion overwhelmingly dominated by patriarchy.

Ever.

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Response to cleanhippie (Original post)

Mon May 20, 2013, 09:55 PM

8. In NY Family Court judges very frequently order a custody evaluation by a Mental Health evaluator.

 

In this case,

The Court, the judge wrote in her ruling, credited the view of a local Orthodox psychiatrist who testified "that it would be difficult psychologically and tremendously confusing for children raised in a religious home to live between two different worlds.”


Doubtless there is much more in his report than that.

There have been horror stories about custody evaluators. One recently recommended transfer of custody because the father does not believe in "the sanctity of marriage". The obvious question is, sanctified by whom?

There is a lot unsaid in this story, especially the outcome of the abuse allegations. There are several appellate cases in New York sustaining Family Court custody orders that were based on false accusations. The principle is that making false accusations harms the child and can be evidence that a parent places his or her own gain over the child's best interest.

There is also a misleading statement at the end of the article:

Myzner says she is determined to appeal the ruling. She lacks the funds to hire an attorney, she says, but she isn’t letting that stop her.

“I’ll file the paperwork on my own if I have to,” she says. “My children are my life, and I know that they need me. I am not giving up.”


New York appoints and pays for attorneys for indigent litigants in custody trials as well as appeals.

It also appoints attorney for the children. What was that attorney's position?

I'd like to know more about this case but this publication, Unpious, Voices on the Hasidic Fringe, appears to have a bone to pick.

There is something odd about this reporting. The judge was elected as an openly gay candidate 18 months go and was attacked for that.

http://www.ramapotimes.com/index.php?option=com_content&view=article&id=599:something-is-rotten-in-the-county-of-rockland&catid=70:rockland-news&Itemid=34

I think there is more here than meets the eye.

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Response to rug (Reply #8)

Mon May 20, 2013, 10:12 PM

9. These kids' well being

may depend on their having a good attorney. I hope it's not up to this same judge to appoint one for them.

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Response to okasha (Reply #9)

Mon May 20, 2013, 10:17 PM

10. If she appeals, the attorney will be appointed by the Appellate Division in Brooklyn.

 

Meanwhile, the children already have their own attorney.

http://www.legalaidrockland.org/childrens-rights/

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Response to okasha (Reply #9)

Tue May 21, 2013, 06:19 PM

13. Attorney

Although NY provides attorneys 18b...you get what you pay for. To be successful in that court, you need a prestigious law firm that will come in and have a zero tolerance for the bs that the judges and attorneys do. The two attorneys at the dv shelter should not even be allowed to practice law......because they certainly dont in the court room.
The two judges have no business abusing their judicial powers--they too should be removed from the bench.

I hope rockland county is nervous....everything will come out in the end...trust me. Kelly isnt alone.

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Response to cleanhippie (Original post)

Tue May 21, 2013, 06:11 PM

12. This is not an isolated incident in Rockland County

Kudos to Kelly for bringing attention to this issue that is prevalent in the Rockland County "FAMILY" Court. The only family in the court is all the judges and attorneys are in cahoots with each other. They dint care about you or your family...its all an act.

Both Judges in Rockland County have taken custody away from perfectly fit mothers for no reasons and placed them in the hands of the abuser. There is a huge problem, and this is just the tip of the iceberg.

Don't expect the domestic violence shelter to effectively represent her, when in fact they enable abusers.

Judge Warren is just as corrupt as Eisenpress, forget about what the law is, they do what they want to do. Judge Warren took children away from a perfectly fit mother and placed them in the hands of the one who abused their mom. Yet, the mom was never even permitted to testify. The Appellate Division affirmed the appeal- don't expect any one of the judges peers to turn their back on them even though they made a terribly wrong decision, and are not concerned about the children who have been placed at risk. Most disturbing, is the mother never even got to testify in court....clear case of violating ones due process.

These two judges need to be educated on domestic violence and child abuse. Both of them have their head up their asses. Can you imagine a judge who runs the drug court doesn't even notice when a litigant is in his courtroom and always high on cocaine? Makes you wonder what the judges are doing themselves....we know they are perfect. BUT, they are making our children become innocent victims of the judicial system which has failed to protect them.

There needs to be a transparent court system-- which rockland county is anything but. Something is wrong when you are not even allowed to look at your own file. This isn't about he said she said, we are talking about serious violations of our constitutional rights as a mother and as a parent and those of our children.

I hope that Kelly has opened the door for other moms to come out and share their horrific stories of losing custody in Rockland county. Heads up- just because you are represented by the DV shelter, news flash....they will be the ultimate death to your case. No sense of urgency or genuine care and concern for the mothers they represent. They play along with the family court because keep in mind, the court refers all their victims of domestic violence to them and they are paid from the courts to represent these victims, when in fact, they enable the abusers.

Unfortunately, the ones that are really suffering our the children. No amount of money can replace the time a child or children are separated from their mother, especially at such a young age. The so called forensic evaluators are nothing but junk science if it even gets to be called that. the reports they do are filled with complete hearsay and should be objected to.

The dots need to be connected and lets really see what is happening behind close doors....Judge Warren and Judge Eisenpress...if the walls could talk.....but the transcripts are priceless. Both of you need to be off the bench before something happens again to one of the children you intentionally took away from their mother and placed with an abuser.

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Response to protective mom (Reply #12)

Tue May 21, 2013, 08:34 PM

16. Welcome to DU and welcome to the religion room.

 

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Response to cleanhippie (Original post)

Tue May 21, 2013, 07:33 PM

14. wtf? taking kids from their mother & putting them in foster care?

oh, that's not going to confuse the kids.

Usually parents have to be found unfit before they're put in foster care.

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Response to WolverineDG (Reply #14)

Wed May 22, 2013, 12:24 AM

17. JUdges and Court evaluators taking children away from mothers

These judges are taking kids away from their mothers ABSENT a finding of child abuse or neglect.
Mothers are being punished for trying to protect their children. 90% of contested custody cases are domestic violence and the ultimate way an abuser can hurt you is to take the children from you. Warren and Eisenpress enable them to do so, and they support it. Are they part of the Fathers rights group?
Sure does make you wonder.

Image having your children taken from you in the blink of an eye....no abuse or neglect and not even allowed to testify? We have serious problems here and we need to get to our legislators and demand for a transparent court system. Look at the number of children that end up in juvenile court.....take it one step further and look at their childhood....most children have experienced some type of trauma that supports their behavior which often leads them into juvenile court.

The cycle needs stop. Domestic Violence does not discriminate and women of all races, ages, etc are victim. Domestic Violence is prevalent in the middle-upper class; which certainly doesn't fit the stereotype assumed.

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Response to cleanhippie (Original post)

Sun May 26, 2013, 09:59 PM

20. Horrifying

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