Another Victory for Dad

Today is the last day that I will have to deal with the telecommunication harassment charge that my ex-wife and her parents filed against me last September in Hamilton County, Ohio. They had me arrested for calling my daughters, which was allowed by the final decree in our divorce in Indiana. My ex was in contempt of the orders so rather than file something with the family court in Indiana, she and her family had me arrested in Hamilton County, Ohio. Luckily the Judge and the prosecution saw through my ex and her family and dismissed the charge. Today the arrest was expunged from my record.

This is a problem with a lot of fathers whom I have talked to. The mothers of the children have the ability to have the fathers arrested out of hatred or spite and then it is up to the fathers to pay to get out of a hole. A majority of the time, if the father tries to initiate criminal action against the mother, the police claim it is a civil matter. If the mother initiates criminal action against the father, there are arrest warrants and/or restraining orders filed. A woman almost always has the ability to gain an advantage in a custody dispute by filing bogus criminal action against the father. In 2005, my ex called 911 in an effort to harm me but the officer told her that she was trying to use our daughter against me and he made her leave. She's filed multiple contempt charges against me to no avail. The Judge denied her motion to shut down my internet content. When her efforts to have me punished in Indiana failed, she had me arrested in Ohio. At no point did she get punished or criticized for trying to bring harm to me with her bogus 911 calls, failed contempt charges, failed criminal complaints, etc... I was punished for filing multiple motions to obtain evidence from her expert even after it was discovered that my ex-wife submitted a false document from Dr. Connor's office in an attempt to obstruct my access to evidence. The only time I ever filed anything against my ex-wife was when I filed a contempt charge because she stopped letting me talk to my daughters. She had me arrested in another state a few days later. I find it baffling how courts will punish parents for writing about how they were falsely accused of crimes, yet the courts fail to punish the parents who make the false allegations.

Today was a good way to start the holiday weekend. Unfortunately it is another holiday spent without my precious little girls, but at least I will be able to have comfort in knowing that I successfully fought off another attack by my ex and her parents in an attempt to bring harm to me and to hinder my daughter's ability to have a father.

Women who make false allegations against the fathers of their children weaken father's rights and jeopardize the safety of women who are true victims of abuse. Crying wolf about harassment and abuse in an effort to gain a personal advantage over others, puts innocent people in danger. If I did not have a lawyer, I could have gone to jail. Problems arise when an actual victim files charges against an abusive person and the judge has to decide whether the victim is lying like the accuser in the last case. More scrutiny needs to be placed on people who abuse the system. A person who is willing to make a false police report to hurt the other parent, is emotionally abusive to the children. A parent who will intentionally bring harm to their own children, is unable to understand what is best for the children. Hopefully the courts will figure this out; for the best interest of the children. Have a fun and safe holiday. Go to www.danhelpskids.com for more information on my arrest in Hamilton County, Ohio.

Dear Family Court Professionals, If you lie, I'm going to write about it.

It’s amazing what lengths people will go to in an effort to win. Why would a lawyer lie in a brief to the appellate court? That is what my ex-wife’s appellate lawyer, Leanna Weissmann, did. Maybe it was necessary given that there really isn’t a logical explanation for ripping a father away from two little girls.

Before I get started, I would like to tell any judge presiding over my case that they should refrain from reading this even though Leanna Weissmann snuck in some ex parte evidence regarding a new website and invited the appellate judges to review the new internet postings in my ex-wife’s brief to the Indiana Court of Appeals. Ms. Weissmann wrote, “Husband continues to post about the court system which now include references to this appeal. As of April 23, 2010, he maintained several sites with derogatory comments about many of the people involved in his case including Judge Humphrey. See e.g. http://Husbandhelpskids.com/index.html; http://Husbandbrewington.blogspot.com/. I am not aware why Ms. Weissmann felt compelled to refer to a website that wasn’t created until 6 months after the final hearing in my divorce but I am sure that she is aware of the appellate rules that forbid the court to review new, ex parte evidence. And I don’t know why she mentioned Judge Humphrey. My statements about Judge Humphrey have nothing to do with the appeal, other than it being just a cheap shot to tattle on me for talking about Judge Humphrey in an effort to gain favoritism with other judges. I felt compelled to write about my ex-wife’s appellee brief in the case that an Appellate Judge would take Leanna Weissmann’s illegal advice and check out the websites and new evidence for themselves. Since my lawyer follows the rules and is unable to offer new evidence, I’m just putting the information on my blog and website to explain why I am fighting for my daughters and how my attorney and I do not resort to dishonest measures that can damage children’s relationships with their parents.

The best place to start is probably near the end of the Appellee’s (my ex-wife’s) brief. Rather than just make a case for her client, Leanna Weissmann strikes out to speculate what my defense against their accusations might be. She wrote, “While husband will likely defend his behavior as aggressive litigating on behalf of his kids, a quick review of the Record should convince this Court otherwise.” This has been the whole song and dance from the very beginning. For some reason, none of these legal professionals seem to grasp that I am only doing this for my children. What I find rather ironic, is the appellate lawyer for my ex-wife is starting the debate of whether or not I am an aggressive litigator. That’s rather flattering considering that Leanna Weissmann wrote that one of the reasons Judge Humphrey justified his decision to terminate my parenting time was “Husband has Attention Deficit Disorder affecting his ability to concentrate.” Given that there are no facts that demonstrate that I am a danger to my children, they tattled on me for questioning judges and made things up.

Leanna Weissmann wrote, “Husband blogged and continued to post confidential information on the web after being ordered not to.” On April 29, 2009, Judge Humphrey held a hearing on my ex-wife’s motion requesting the Court force me to take down my internet content. On May 14, 2009, the orders from the Court were filed DENYING her motion. Ms. Weissmann made the above statement claiming it was justification for the Court ordering “Supervised Visitation.” Just for the record, Judge Humphrey did not order supervised visitation; he ordered NO VISITATION. Ms. Weissmann made up the supervised visitation order because the no visitation order was indefensible. Judge Humphrey only ordered me to take down my internet postings if I wanted UNsupervised visitation. In the final decree Judge Humphrey stated,

“Because of the potential danger to the children, Husband must remove all postings created by him from the internet concerning the children before any UNSUPERVISED visitation may commence and/or continue.”

Ms. Weissmann must have been a little confused about the situation which is understandable. Judge Humphrey’s order states that my web postings are only dangerous if I have UNsupervised visitation and not supervised visitation. I guess Judge Humphrey was concerned that if left unsupervised, I would allow my, now four and six year old, children to go to my website and read my internet postings. That would be a miraculous feat considering my oldest was just learning to read nine months ago.

Another false statement made by Leanna Weissmann was “Husband’s behavior in the courtroom required the presence of a police officer.” The officer was in the courtroom because it was his job. Judge Humphrey was angry with me because I kept questioning why I was not allowed to have Dr. Edward J. Connor’s evaluation case file when the law stated I was entitled to it. Judge Humphrey asked the officer to stand behind me. Actually it was an act of intimidation. If Judge Humphrey used a police officer to stand behind me to keep me from arguing for the rights of my children and me, then that’s an act of intimidation. If I was out of line, Judge Humphrey should have held me in contempt. Instead, he placed the threat of police action behind me for the three day proceeding.

Ms. Weissmann rambled on and on about my numerous pleadings and how I kept trying to obtain my ex-wife’s medical records from Dr. Connor. This is the spin they have put on the release of the case file since I requested it over two years ago. My ex-wife’s legal fees were not due to my numerous pleadings and attempts to get the case file; they were a result of her and Dr. Connor not honoring the agreement that we both signed at the beginning of the custody evaluation. She consented to the release of the case file at the beginning and then successfully fought to not release it. Now their argument is that the court did not release it because the court was afraid that I would post confidential information on the internet. I had requested the file over a year before they submitted any of my web material to court. I first requested Dr. Connor’s case file on March 6, 2008. I did not post anything on the internet until mid-September of 2008. I created a website to tell people about Dr. Connor’s false/conflicting statements. My first blog post came on February 25, 2009; nearly a year after I requested Dr. Connor’s case file. If my ex-wife and Dr. Connor would have honored their part of the bargain and released the file, she wouldn’t have accumulated a high amount of legal fees. The irony in the situation is if Dr. Connor would have released the case file to me per the agreement that my ex-wife and I both signed, my website and this blog would never have existed.

Another thing Ms. Weissmann wrote about was how I inconvenienced Judge Carl H. Taul. Leanna wrote, “Husband then attempted to subpoena Judge Taul to testify, requiring Judge Taul to hire counsel to quash the subpoena.” I am not aware if Judge Taul had to reimburse Deputy Attorney General, Betsy Isenberg, for her legal services because it was never mentioned in court. I do not know why Leanna Weissmann is privy to this new information. What I do know is Judge Taul and Dr. Connor communicated outside the presence of the parties, which is against the rules. In a letter dated February 25, 2008, Dr. Connor stated,

“With this letter please be advised that Hon. Judge Carl Taul contacted me on 2/22/08 to convey his agreement for the review of the above-captioned case.”

If you assume Judge Taul follows the laws, then you have to assume that Dr. Connor is lying because it would be illegal for Judge Taul to contact Dr. Connor and make arrangements for the parties without the parties’ input or knowledge. Since Judge Taul recused himself after participating in ex parte communications with Dr. Connor, the only way to find out if Dr. Connor was telling the truth was to subpoena Judge Taul. Rather than hold Dr. Connor and Judge Taul accountable for doing something illegal, the professionals in the system got mad at me for following the rules in trying to deal with the situation. Ms. Weissmann even tattled on me for picketing my former lawyer’s office. That has absolutely nothing to do with anything.

This is just the tip of the iceberg. I’m going to post more information on www.danhelpskids.com about the situation to expand on some of the ridiculous arguments they made as an argument to keep me away from the children. Some examples include:

-“Husband’s attacks on Dr. Connor revealed by Dr. Connor’s testimony that Husband posted Dr. Connor was involved in a three-way sex triangle with his office manager.” My ex-wife knows Dr. Connor lied about the statement because she submitted my blog to court that contained my actual comments. [Check out the following link to see how they distorted the truth http://danbrewington.blogspot.com/2009/03/to-all-of-people-who-thought-my-story.html. The blog post is about Dr. Connor’s former office manager that pled guilty, after an FBI investigation, to making $126,558 worth of unauthorized purchases with Dr. Connor’s credit card. Just another reason to question the accuracy of Dr. Connor’s records.]

-“Husband allowed the children to watch age inappropriate movies, claiming Disney movies were more detrimental to the children than “Austin Powers.” That’s what you get for making an argument that Shrek and Austin Powers both have crude humor involving flatulents and kicks to the family jewels.

-“Husband has Attention Deficit Disorder affecting his ability to concentrate.” You heard that correct. My ex-wife is arguing that people with attention deficit disorder should have supervised visitation with their children.

-“Husband’s psychometric test results reveal a degree of psychological disturbance.” Dr. Connor graded the tests and then would not give me all the information behind his conclusions.

Here’s a memo to the people in the system who continue to cry about my web postings, “Stop doing illegal and/or unethical things to keep me from my children.” I’m getting tired of lawyers and judges whining about me trying to intimidate them. Last time I checked, they were lawyers and judges. I was going to refrain from posting anything about the specifics of the briefs that were filed with the appellate court, but since Leanna Weissmann provided the appellate court with ex parte evidence and encouraged the court to do their own investigation, I felt compelled to address the matter directly. Maybe if people understand that they will be held publically accountable for their actions, they would conduct themselves in a more professional manner. Check out www.danhelpskids.com for more information.

New update to the website is near

I am working on updating www.DanHelpsKids.com and hopefully the addition will be up in the next day or two. This past Friday, Hamilton County (OH) Judge Dwane Mallory dismissed the telecommunication harassment charge that my ex-wife filed against me. The Hamilton County Prosecutor's office recommended that the charge be dropped. On September 5th, 2009, my ex-wife sent me a text telling me that I am not to contact her anymore. When I called to talk to my 3 and 5 year old daughters, she and her parents had me arrested for telecommunication harassment. Rather than allow the children to maintain phone contact with their father, the mother and maternal grandparents felt it was in the best interest of the children to terminate any communication I had with the children and to have me arrested. Fortunately, despite their efforts, the prosecutor's office felt the charges should be dropped. Even Dr. Edward J Connor got into the action and tried to harm me. Dr. Connor contacted Judge Mallory and the prosecutor crying about my web content. Being a crybaby isn't going to garner any sympathy for the crooked psychologist. Sorry Dr. Edward Connor. Hamilton County didn't buy your act. Actually, everyone seemed a little confused about the manner in which you do business. Maybe that's part of the reason why Judge Mallory wished me good luck after he dismissed the case. I guess Hamilton County didn't have to look too hard to understand that my ex-wife and her parents were using the criminal court system to punish me for trying to maintain a relationship with my little girls.

Keep an eye on www.DanHelpsKids.com as I will be posting the criminal complaints from my ex-wife and her father along with the story behind just another obstacle that I have had to overcome in my fight to be a father. Don't worry girls, daddy is still fighting for you. The sad thing is, my ex-wife and her parents will probably get away with what they did because I will never have the heart to tell my little girls that mommy, grandma and grandpa had the police take me to jail because I tried to talk to them on the phone. My girls don't deserve the burden associated with knowing that mommy, grandma, and grandpa wanted daddy to be arrested for trying to talk to his daughters. Stay tuned for more information.

A Good Day

Sometimes it's nice to have a day when people pay attention to what is right and what is wrong. It's even nicer when they choose to go with what is right.

Striking a nerve with someone

Apparently someone who goes by anonymous is upset with my blog because they continue to call me obsessed, paranoid, etc... I had my blog preferences set so anyone could freely comment on what I write but I changed the preferences so I had the ability to review comments before they were posted. With that being said, I want to give "anonymous" their fair shake and I am posting their comments on this post.

-"Wow Dan, it seems that everyone is out to get you! (or, you could just be paranoid) -Anonymous

Paranoia is baseless or excessive suspicion of the motives of others. Dr. Edward J Connor lied about his ability to release the case file from the child custody evaluation. Judge Carl H Taul recused himself for communicating with Dr. Connor outside the presence of the parties. My ex-wife submitted a signed Office Policy from Dr. Connor's office as evidence, during a June 13, 2008 court hearing, that I was not entitled to the case file. In a letter dated 9/9/08, Dr. Connor wrote that the Office Policy was an adjunct document to the court order. During the final hearing on 5/27/09 , Dr. Ed Connor testified that the Office Policy was not an adjunct document to the court order and claimed his former secretary inadvertently had my ex-wife sign the policy. Judge James D Humphrey wrote, "The Court is most concerned about Husband's irrational behavior and attacks on Dr. Connor." Judge James Humphrey terminated my ability to see my children after refusing to allow me to inspect the "evidence" against me. Judge Humphrey denied my motion to appoint someone to represent the children to inspect Dr. Connor's case file. Two police officers confronted me in the Dearborn County Courthouse and told me that I had to leave, then they left me alone when I did not leave. I was the subject of a "secret investigation" by Prosecutor Aaron Negangard and the Dearborn County Special Crimes Unit. When I declined to come in to be "interviewed" because the would not tell me who made the complaint or what the complaint was about; the "investigation" went away. When I requested a copy of my daughter's school records, the school said there were no records other than 2 progress reports. Ms. Mary Henninger, Assistant Superintendent of the Archdiocese of Cincinnati stated there were no other records to give. Following the parent/teacher conference that the school invited me to attend, the principal allowed me to briefly inspect my daughter's file and I found a photo of me and a note written in my ex-wife's handwriting instructing the school to call the police if I appeared at the school for any reason. Either the school was negligent in inviting me to parent teacher conferences, or the note was just another attempt by my ex-wife to keep me out of my children's lives. When I approached the Archdiocese of Cincinnati about the matter, they would not comment and referred me to their lawyer, Mark Vander Laar of Dinsmore and Shohl LLP of Cincinnati, Ohio. Why? Either they provide me a protective order that states that I am not entitled to my children's school records or provide me with the records. Rather than handling the matter in a professional manner, the Archdiocese referred me to their legal counsel as if they did something wrong. To meet the definition of "paranoia", my suspicion of the above people and acts would have to be considered "baseless" or "excessive." I have documentation, audio, and/or video to support all of the above if there is any question to the accuracy of the above statements.

-"Are you sure that it was your Ex who was diagnosed with the OCD? It seems as if you are the one who is obsessed!" -Anonymous

Anonymous claims that I am obsessed. The irony is that Dr. Connor made no mention that I may suffer from OCD. If Anonymous believes that I do suffer from OCD, then Anonymous believes that Dr. Connor's report is flawed because he failed to make any mention of OCD. Many people applaud my ongoing efforts in fighting to be a part of my daughters' lives. The following are some of the messages of support I received from emails, Facebook, etc...:

"Your determination is amazing Dan! If my kids father had even a quarter of your determination life would be great! :-) keep fighting Mr. Brewington"

"Dan, went on your blogspot today and saw some of the video of you visiting the courthouse. Stay strong and keep fighting. So ridiculous."

"I'm really sorry to hear about your kids. I hope one day soon you'll be able to enjoy them again.They are beautiful girls and I see you're proud of them :) I wish you the best in your journey."

"You keep on doin what you`re doin Dan! We all love ya!"

"Your friends are always behind you, we love you and support you."

"I hope you have a blessed day Dan!!! God loves you and will get you through this and help you with your girls!!!"

"Dan, I just read through your site again and I encourage you to keep fighting! My boys are everything to me and I can only imagine your pain. I hope everything gets turned around for you in the New Year!"

"Too many people allow corrupt officials to intimidate them. Keep fighting Dan."

"

Hang in there Dan! Somehow things will work out. Have Faith :)"

"Hopefully, this coming year will be a better one. You have so many people pulling for you."

"Your girls know you are with them in spirit and in their hearts! Hang in there, Dan, you will be with them soon and you will have such a great time making up for lost time! They love you and know that you love them so just keep that in your heart!"

"Hang in there Dan!! I have to admit I wish my dad had fought for me......I was adopted but now 35 yrs later he wants me in his life.....imagine this! Keep fighting Dan!!!!!!!"

"My heart is with you. I can't imagine my husband being forced to miss either of the girls birthdays,it makes me want to cry."

"The fact that your putting out the effort shows the kind of dad you are. Just keep on fighting Dan"

"

Keep fighting Dan! We are all praying for you and your kids!"

I hope the Dearborn and Ripley County governments understand how this appears to the outside world. I hope the Archdiocese of Cincinnati (or their lawyers), understands that people are praying for me and my children while the Archdiocese and the school waste the money of parishioners on legal fees rather than follow their own policies on regarding the release of student records. I hope Anonymous understands that I did not create the situation, but I have a lot of people praying that I fix the problem.

People who defend bad people

This is what I have to deal with in a day, this person alleging to be not my friend wrote:

How's the job seach going Dan? So you can get the $$ you need to get counseling so you can see your children?!?! You seem to have plenty of time to follow what goes on in Dr. Connors life - let's follow yours!! What did you do today besides this? GET REAL!!! While you are playing around doing this I know your wife is taking care of the kids, working, paying her bills and trying to provide a healthy environment for your children. What did you do today?? I know, you worked on slamming Dr. Connor - I am sure this will get you just want you want . . . your children back in your life. If you had them back then you couldn't do this and you would need to get a job to help support them - if you are still not working who pays child support????? Get help!!!!! KUDOS DAN!!! Not your friend - Trish!!!

It kills me how this woman named Trish (I know it's not you TC) is worried about my job. Why don't you ever mention that my ex wife lived for free for nearly five years when we were married. Why don't you mention that she never tried to modify parenting time during the 2.5 year divorce that she filed for? Given her profession, it would have been a class B misdemeanor if she failed to report child neglect. Why don't you mention that she successfully convinced a Judge to award her over $122,000 for property that was not marital property? Did you mention how her family has worked to keep the children from being able to communicate with their father on the phone? Why are you so angry? Do you think that I am unreasonable for questioning someone who lied about their office policy statement. Do the research Trish. Do you know why I don't get to see my children? Because my ex wife couldn't just quit at requesting supervised visitation, she had to say that my mother, who has her master's degree in guidance and counseling, wasn't qualified to supervise the visitation. What people really can't grasp, aside from the fact that my ex refuses to let the children speak to their father, is how a person could make a claim to property they know is not theirs. My mother and father spent their lives investing in farmland. Just before my father died of cancer, they put the farmland in a trust. My mother has the right to use all of the assets of the trust for medical reasons, standard of living, etc... as the trustee sees fit. I have no ownership or control of the trust. If I die before my mother, I get nothing and the girls inherit property upon mom's death. After 4.5 years of marriage, my ex wife deemed it necessary to make a claim to $122,000 of the trust and the judge awarded it to her. Not only did she take the children away from their father, she did everything she could to destroy everything the girls' grandmother and grandfather worked so hard to build.

My Ex told me she didn't expect the court to take away all of my parenting time. Why didn't she file something? As for going to counseling, I have been going to the same place for ADHD for over 8 years. Check the evaluation. Dr. Connor didn't say that my ADHD would cause any problems for the girls; he said that my Ex's OCD may cause problems if not treated. You keep protecting people who lie in court. If you have so much insight to the situation, why don't you bring some evidence that I have done something bad to the children. Oh, I'm sorry, there isn't any.

New name, same Dad

The new website is going to have a new name that is shorter and easier to remember. www.DanHelpsKids.com. It's hard enough for children who are caught up in divorces. They don't need to be punished by the Courts.

Stay Tuned...

I'm working on a complete makeover of www.dadsfamilycourtexperience.com and it should be done soon. I want to give people more insight to the specifics of my case and how it came to be. Check back soon.