The “Un-Advisability” of an “Un-Divorce” Arrangement

proconunmarr.jpgPsychotherapist and Guest Contributor Donna F. Ferber sent me an email a month or so ago encouraging me to read Suzi Parker’s article about famous couples who chose, rather than going through a divorce, to simply live separate lives. Click here to read Ms. Parker’s article about a trend some people call an “un-divorce.”

We both agreed to attempt to fairly evaluate the “pros and cons” of this option: she from a psychological perspective and me from a legal perspective. Initially, Donna was much more open to the possible merits of this arrangement than I was. She made it clear that she was most interested in hopefully reaching and empowering people who are in unhappy marriages and who feel trapped by fear, ignorance, and the lack of financial and emotional resources. Donna and I continued to exchange numerous emails over the last six weeks about this “un-divorce” arrangement, discussing the relative merits of couples remaining married but living separate lives. By reading the title of this article, I suspect you can tell that I am not impressed with the overall wisdom of such a relationship.  While it is certainly possible to construct various hypothetical situations when an “un-divorce” arrangement might … Read More... “The “Un-Advisability” of an “Un-Divorce” Arrangement”

Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; false allegations in custody cases; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

jc_abuse.jpgIn recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases. What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices. Often, a new, young, unskilled associate is added to the practice to handle these family law issues.

Some of these practitioners use this mechanism so frequently that simply hearing the name of the attorney leads one to assume that automatically there will be a “smoke and … Read More... “Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

The FBI has Registered the Local Children Abducted to Japan as “Missing Children”

swaim2.jpgHere is an update about our client, Kent Swaim, whose two sons were abducted to Japan by their mother, published in the DDN on September 8, 2010.

Abducted Clayton boys registered on national criminal justice list

Authorities can use designation to urge Japanese to send sons back to father.

By Mary McCarty, Staff Writer Updated 1:27 AM Wednesday, September 8, 2010

Clayton father Kent Swaim has won an important victory in his quest to be reunited with the two young sons he hasn’t seen since his former wife fled with them to her native Japan two years ago.

The boys finally have been registered with The FBI’s National Crime Information Center (NCIC), a computerized index of criminal justice information, including missing children.

Swaim’s plight was featured in an Aug. 15 Dayton Daily News story. The Wright-Patterson Air Force Base master sergeant had long been frustrated by his inability to convince authorities to enter the children in the database.

“This gives the U.S. State Department and the National Center for Missing and Exploited Children the tools they need to help me and take this next step,” Swaim said. “It gives them the authority to plead with the Japanese authorities to Read More... “The FBI has Registered the Local Children Abducted to Japan as “Missing Children””

A Local Case of “Child Abduction” Involving the Country of Japan

kent_swaim.jpgOn October 24, 2009, our Ohio Family Law Blog published an article entitled, “U.S. Father Arrested In Japan For Picking Up Children ‘Abducted’ By Ex-Wife…The Rest Of The Story”!  On Sunday, August 15, 2010, the Dayton Daily News published a human interest news story entitled, “Dad With Custody Can’t Get Kids From Ex-Wife In Japan”.  The 2009 article involved a Father from the State of Tennessee having a former Wife secret his two children away to the Country of Japan without his knowledge or consent. The most recent incident reported in the Dayton Daily News involves a Father residing in the State of Ohio whose Wife secreted his two children to the Country of Japan without his knowledge or consent before the termination of the parties’ marriage.  The subject Father, Kent Swaim, is a client of our firm.  He has given us permission to share his story!

Facts of the Kent Swaim Case:

  1. Kent Swaim (“Husband/Father”) is an active duty member of the United States Air Force.  While serving his country in Okinawa, Japan, the parties met at an ice cream parlor on the island.  They dated one another and he later married Miyuki on May 21, 1999.  
Read More... “A Local Case of “Child Abduction” Involving the Country of Japan”

Back To School So Soon?

backtoschool.jpgThe lazy, hazy days of summer will soon be gone, only to be replaced with the frenetic days of a new school year.  Despite the grumblings from your children about returning to school, most children are actually ready to resume the routine that school brings. The beginning of the school year is exciting. Your child will be happy to see friends and to meet their teachers, but it can also be a time of uncertainty and worry. They might be concerned about how they will do this year in school, if their friends are in their classes, or if they will like their teachers.  It can be especially difficult for those students attending a brand new school, or those who are transitioning from elementary to middle school, or middle to high school.

As parents, we want to be sure to help our children get off to a smooth start to the new school year. It can especially be a challenge if you are sharing custody with a former spouse or if you are the non-custodial parent.  For those of you who operate under a shared parenting plan and split parenting time, say every other week, or every two weeks, it … Read More... “Back To School So Soon?”

When Our Adult Children Divorce

adult_child2.jpgAs an adult who weathered through a divorce proceeding within the past thirteen (13) years, I was the product of an “intact family” having parents who were married for more than 54 years.  Like most young women, I was “socialized” into thinking that I would grow up, meet Prince Charming, fall in love, get married, and “live happily ever after”!  Unfortunately, that dream of many young women has become more of a myth than a “true-to-life” fairy tale as our divorce rate approaches or exceeds 50% for first time marriages.  Nevertheless, I was hopeful that my two children would not be negatively affected by their parents’ divorce as they were not toddlers anymore.  When my divorce actually took place, both children had graduated from college and were living independently.

When my son advised us that he was going to become engaged, we were thrilled for him.  They seemed to be so happy and so in love with one another.  Their wedding was like a “fairy tale” wedding with a beautiful bride, a handsome groom, and a great wedding party of supportive friends and relatives.  Three children and 16 years later, the glow of the first few years has faded, the … Read More... “When Our Adult Children Divorce”

Consider the Impact of Divorce on Your Adult Children

adult_child.jpgIt’s a misconception that when parents divorce it doesn’t affect adult children. It is important to remember that our children may be adults (and even may have experienced divorce themselves), but they are still children of both parents. In going through divorce, many parents “lean” on their children, making them into confidantes and, sometimes, surrogate spouses. Children, even adult children, are uncomfortable with details of their parents’ personal life. Confiding to a child about a parent’s indiscretions puts the child in a no-win situation. Many of the adult children I have spoken with say that they are shocked and angry by their parents’ behavior. But as the child, they continue to want the relationship. Giving adult children inappropriate information puts them in a quandary – how to have a relationship with a parent who may have behaved terribly in marriage without feeling disloyal to the other parent? Children are entitled to have a relationship with each parent that is not based on that parent’s performance as a spouse.

Adult children are also affected by divorce in practical ways. Dividing visiting time between the two parents, possibly even grandparents, is a huge problem. The pressure of being “fair and equal” becomes … Read More... “Consider the Impact of Divorce on Your Adult Children”

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