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Published on: May 17, 2012

New York Court Hears Case Involving Child Abuse and Mental Health Issues

by Stephen Bilkis

On September 17, 1992 the Family Court of Kings County, New York heard a disturbing case involving the two children, two boys and a girl who were possibly being abused by their father. The allegations of sexual abuse stated that the father pinched and squeezed the buttocks and genitals of the boy children. However, it was claimed that this handling occurred while they were wrestling and playing. The father stated that he did handle the boys, but it was in no way sexual. He stated that it was just horsing around type of behavior. He stated that he had grabbed the boys’ genitals and buttocks during wrestling, but that he had been similarly touched as a child and had not considered it wrong. He stated that he realizes that it “transgresses proper parental boundaries.” The professionals called upon to review this case state that in order for the touching to be considered sexual abuse, there must be an element of sexual gratification in the touching that does not appear to be evident in this case. The doctor who examined the children stated that she could not say with absolute certainty that the boys had been abused. She advised that there were perhaps inappropriate parental boundaries, but that is not abnormal. Many parents involve in interplay with their children especially in “early stages of development that consists of touching, squeezing, patting, and pinching various parts of the child’s body including buttocks and at times genitalia.” The doctor stated that the difference is that when the child is older, the same behavior is not acceptable. She stated that some parents lack the respect for the child’s right to privacy of his own person that the child should develop as it grows and matures. The parent therefore, continues with the same games only now the child or society perceives them as inappropriate. It is agreed that there seems to be a gray area in the parental child relationship that must be examined with extreme care in order that normal parental interactions are not erroneously defined as sexual abuse. By falsely identifying this behavior as sexual abuse, a parent /child relationship can be severely damaged.

Another aspect of this allegation that must be examined is the aspect that the mother may have coached the children to make the allegations. The allegations were made to a third party outside of the normal interactions in the home which is not normal. The mother stated that years before, she had made the children watch a video tape about reporting sexual abuse. The court officers have observed the mother’s displays of illogical thinking and reports of her being incoherent. The mother has publically accused the father of sexually abusing the boys and has refused to comply with court ordered visitations because she states that he is a sex abuser. It is difficult to determine if the alleged abuse actually occurred, or if during normal family type play, touching was engaged in that had nothing to do with sexual gratification. Since it is unable to determine the intent behind the touching, the court has no choice but to dismiss the sexual abuse allegations in this case. Not only was the court unable to find that there was intent involved. The timing of the allegations to fall shortly before the hearing of this custody case is suspect especially, since it is alleged that the contact was several years earlier. Something that they do consider has led to the some of the bad feelings that the children have towards their father is the ongoing domestic violence that the children observed growing up in the home.

Published on: May 16, 2012

New York Court Discusses Disturbing Case Regarding Sexual Abuse of Children

by Stephen Bilkis

These days, it is very hard to trust others especially when it comes to leaving our kids with people who you can truly rely on. There are many cases these days where nannies and even babysitters are accused of committing sex crimes that involve the children of their own employers according to a lawyer. This goes the same for this case that is considered as an example here in this report for you to understand better the legal proceedings for such cases. The one involved here as the accused is James Watt.

As per the lawyer who studied this case, Watt was convicted of rape, sodomy and for putting into danger the welfare of a little child. The crimes involved in his case are considered very heinous since it was committed against innocent and helpless tiny girls who are under 11 years old. These kids according to their parents were entrusted to him since he operates a basement based daycare center in the community. The problem that made everything worse is that the daycare center was not registered.

Published on: May 15, 2012

Parent Fights Child Neglect Charges, New York Court Decides

by Stephen Bilkis

In February of 2007, a man returned to New York State to re-unite with his ex-girlfriend and the mother of his little girl. They had parted the summer of 2006 following a domestic violence situation. The court had issued an order of protection to keep this man away from his family. They agreed to have joint custody of their little girl.

When he moved back to New York, he moved in back in with his ex-girlfriend, the mother of his little girl. But it did not take long before the police were back out at their apartment. Three months after that, the little girl was back in emergency foster care following a horrific episode of domestic violence that occurred in the child’s presence. The neighbor in the apartment next door to theirs heard a fight, and a child screaming for help. In fact, the mother testified later at trial that the man had strangled her during an argument. She stated that her daughter had been behind the man crying and screaming for him to stop hurting her mommy. The man was arrested again, the woman was also arrested. There had been some houseguests in their home when the argument occurred and they started to fight. When the police came, they located a shoebox containing marijuana and other drug paraphernalia. The drugs were located in an area that would have been easily accessible for the small child. Both parents were charged based on the element of neglect involved in having harmful substances within her reach.

Published on: May 14, 2012

New York Courts Rule that Repeated Domestic Violence in the Presence of Children Constitutes Neglect

by Stephen Bilkis

The courts have ruled repeatedly that an act of domestic violence in the presence of within view of a child constitutes neglect. However, an isolated incident of domestic violence does not constitute a case of neglect. An incident is not isolated, though, when it is part of a pattern of conduct. A domestic violence incident is not isolated if it is done more than once.

In the situation at question, the mother’s testimony at a fact-finding hearing demonstrated that there was a clear pattern of conduct. So the father could not claim that it was an isolated incident. There was a pattern of conduct. The father appealed the finding from the fact-finding order of the Family Court of Queens County from August 3, 2009. In that hearing he was found to have neglected his children.

Published on: May 12, 2012

New York Courts Rule on Custody in Light of Child Abuse Allegations

by Stephen Bilkis

One of the ugliest truths about domestic violence, separation and divorce is the effect these things have with the children involved. They are often times ignored, their feelings and sense of identity compromised because of the violence happening inside their homes. In a child’s perception, home is supposed to be the safest place for him. That is why if this is compromised by any reason, the child’s sense of security is altered and he becomes sceptical of his surroundings all the time which is not healthy for his emotional and intellectual growth.

Published on: May 11, 2012

New York Courts Discuss on What Constitutes Child Neglect

by Stephen Bilkis

On September 29, 2008, a petition was put before the Family Court of Tioga County to have a certain child classified as a neglected child under Family Law. What would this mean and how did it come about?

The child was born in 2005. In 2007, his biological parents began living together, and were later married. On April 16, 2008, a report was filed alleging that the husband had committed domestic violence against his wife twice, in the presence of the child.

Published on: May 10, 2012

New York Takes Steps to Ensure Victims of Domestic Violence Have Adequate Housing

by Stephen Bilkis

New York has noticed that increasingly steps have to be taken to protect victims of domestic violence not just from the abusers themselves, but from prejudice from others. One example of prejudice against the victims of domestic violence is in housing. Frequently, victims of domestic violence find themselves evicted from their homes because of the disturbances that are caused by the very violence that they are victims of. The victims of domestic violence are not just victimized by their abusers, but often by the communities that claim to be helping them.

On January 5, 2006, the Federal Violence Against women and Department of Justice Reauthorization Act of 2005 (VAWA 2005) were signed into law in an attempt to solve the problem of landlords trying to evict the victims of domestic violence because of the acts of the abusers. On April 1, 2008, a long time victim of documented domestic violence was involved in a dispute with her abuser at the location where the victim maintains a residency. Her apartment, which also happens to be a New York Housing Authority property, is not shared by her ex-boyfriend who has abused her since November of 2006.

Published on: May 9, 2012

New York Courts Create Safeguards and Procedures for Victims of Domestic Violence

by Stephen Bilkis

A 25-year old woman entered into marriage without knowing what’s in there for her. Sources said her marriage has a history of domestic offense perpetrated by the husband upon the wife. No longer able to take the abusive acts, the wife filed a case against her husband, which resulted to the husband being committed to incarceration for one hundred and eighty days.

The wife obtained an order of protection for one year prohibiting her husband from assaulting, menacing, harassing or recklessly endangering her and their children. With her husband in imprisoned, the wife thought she was safe. To her disbelief, one night, her husband escaped jail, went to her house, and harassed and annoyed her by moving her car out of the driveway to a towing zone. The husband also threatened to kill his wife and their children. The husband, according to sources, climbed into the wife’s window from the fire escape, but when their 15-year-old son saw his father enter the residence, he chased his father out of the residence. Because there was also threat of harm and abuse to their children, the wife also obtained a protective order for her husband to stay away from their children.

Published on: May 8, 2012

New York Courts Discuss the Use of Protection Orders in Abusive Relationships

by Stephen Bilkis

There a lot of stories out there about men and women who couldn’t get over a relationship. Some just can’t accept the truth that the relationship is over and that their ex-partners are ready to move on. Because of their “non-acceptance” of the truth some or even more are resorting to violent behaviour. These violent behaviours can be really life threatening that extends not only to the victim herself but to her friends, family and acquaintances as well.

Published on: May 6, 2012

Child’s Aunt Requests Full Custody, New York Court Decides

by Stephen Bilkis

In this child advocacy hearing, the child is represented by their own attorney. The parents have their own representation, and Clinton County Department of Social Services is also represented. Lastly, the child’s great aunt who wants to get custody of him is represented. The child’s great aunt has filed a petition stating that his parents are incapable of caring for him and that she wants to have full custody. His great Aunt contends that the child was born with a disease called gastroschisis. Gastroschisis is a life threatening condition wherein he must be monitored intensely and daily medical care is a necessity. The great aunt maintains that she has the time and resources to provide this care and his parents do not. Further, she maintains that because of domestic violence inside the home between the parents, that the child would be better served if he was in her care.

The great aunt filed her petition on November 9, 2010. On November 10, 2010 the Court directed the Clinton County Department of Social Services to conduct an investigation into the parental care of this child. The report was turned in on November 16, 2010 and was seven pages.