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Father has a basic desire to want to be with the children And I am one of those Fathers

Thursday, December 22, 2016 - Justice - David - Fathers Rights Canada

Dear Family and Friends,
First I'd like to thank all those who have kept me motivated and have encouraged me to never give up. Thanks for all for your continued support, friendship, and love throughout the years!
For those of you that haven't been following my family court case here is a very brief summary and update.

Please understand that a Father has a basic desire to want to be with "his" children. And I am one of those Fathers!

In June of 2004 my son's mom and I got divorced. I have known my son's mom since 1992.

I have known my daughter's mom since 1990 and we dated until 1994. In November of 2004 she contacted me and we reunited, dated, and lived together beginning in January of 2005. Our daughter was born in 2006. We got engaged in Paris in October 2007. We broke up in June 2008 and I moved out. I focused on my work, my children, and family. As a District Sales Manager for a Multi-National Company I had to travel internationally every week between Mondays and Fridays. I only had the weekend for my children.

As we were still friends I was able to have normal time-sharing with our daughter (by mutual agreement) during the weekends, that is until October 5th, 2006 (our daughter's birthday).

Just after her birthday mom began to deny me any visit with our daughter. Mom served me with a Temporary Restraining Order on the 2nd week of October. During the DV hearing on October 27th, that mom and I attended without lawyers, mom and I admitted to Honorable Judge Cohn that "there were never any acts of domestic violence since we've known each other" and mom answered "no" when the Judge asked her if she felt I was a danger to her and or our daughter. Judge Cohn denied and dismissed mom's petition stating "No Just Cause". The Judge never addressed how I was going to see our daughter leaving me in limbo and afraid of mom.

I was with my daughter on November 1st, 2008 when her mom dropped her off at the hospital to visit me. My sister met mom in the lobby and brought Zoraya to the room.

In December of 2008 I filed my initial Petition, A Paternity Suit. I paid an Attorney a $3,000 fee/retainer. I asked for 3 things; to pay Child Support, Shared Parental Responsibility, and normal and reasonable Time-sharing.

Then from the 2nd week in November until February 18th I was able to spend a little time with my daughter at the day care that we enrolled her in since she was three months old and which was 50 yards from my parents home. I only visited my daughter at the day care center so I could avoid her mom so she wouldn't make any further false allegations against me.

On February 8th our new Judge, Honorable Judge Dennis, ordered mom and I to Family Court Services for Alienation Intervention, Co-Parenting, and Time-sharing Issues. But then on February 18th mom filed another Temporary (DV) Restraining Order with the help of her new lawyer filing false allegations on an information only police report as evidence of an incident mom had fabricated. I could no longer see my daughter...at least temporarily. I thought.

And the Restraining Order relieved mom from having to comply with Judge Dennis' Orders to both mom and dad to report to Family Court Services for Alienation Intervention, Co-Parenting and Time-sharing Issues Counseling.

I did not get a hearing until April 3rd on mom's February 18th Petition for the Restraining Order. During that hearing I told Judge Brennan (former DV Judge) the same thing the mom and I told the Honorable Judge Cohn on October 27th; "that there has never been any acts of domestic violence between mom and I". In addition I brought a witness that swore that I was not anywhere near the location listed on an "information only" police report (that mom obtained December 18, 2008) with a fabricated incident of which I had no knowledge. It was admitted as evidence by Judge Brennan.


Judge Brennan unjustifiably ordered a one-year "No Contact" Restraining Order. I complained telling Judge Brennan that "I felt that not being able to see my daughter was unfair and that it was equivalent to court-ordered child abuse by parental alienation" A prediction that has become reality.


As I was saying this Judge Brennan angrily closed the hearing and began to leave the courtroom and that is when I placed an envelope containing a Notice of Unavailability in the paternity case (a legal document) on the opposing party's table in front of mom in the courtroom. Judge Brennan, alerted by mom's attorney, immediately returned to the bench and called us back to our places and without even checking the envelope Judge Brennan said I violated the just-issued restraining order and ordered me to 26-week batterers' intervention course.


One year after our first hearing before Judge Cohn I was terminated from my job due to the (1) Excessive Court Orders; I requested time-off so I could comply with the court's orders in order to be able be with my daughter. And (2) the other reason, well lets put it this way;


Do you have any idea how devastating it feels when people (mom and her lawyer), acting under the color of law, hold your children hostage while the huge railroad train called the judicial system runs you over? Then wondering every second of the day if your child is safe? It is torture for those parents who CARE about their kids and


I know MOST of you readers are caring, loving parents. I know because I have met them in the programs you shoved down my throat.


In December of 2009 Judge Dennis finally allowed me to see my daughter when she ordered "Temporary" Supervised Visitation at the day care center until I complied with her and Judge Brennan's orders. 10 months had passed without seeing my daughter!


After two full days of trial in December 2009 and February 2010 the Final Judgement finally arrived on July 2010. As I petitioned, the Final Judgement basically states that I will pay child support and have Shared Parental Responsibility. BUT...On the Time-sharing Issue Judge Dennis promised on the Final Judgement in paragraph 31 that once I complied with the Court's orders to me to attend co-parenting, batters' intervention, and so forth that I would get "normal and reasonable" Time-sharing with my daughter.


I have "completely and absolutely" complied with ALL of the Court's Orders.


But the Court has not kept their promise. The Final Judgement clearly states that I am a "fit" parent. There's is absolutely no mention whatsoever that I am or have ever been an "at-risk" parent. And if I was an "at-risk" parent then how come my Time-sharing with my son continued as usual; liberal, unhampered and unfettered!!!


My daughter is now 6 and despite this long court case, thousands of dollars of legal fees on both sides and injury to my daughter nothing much has changed. Yesterday I gazed out the window watching fireworks and was really missing my angel but I cannot call her because I am scared of her mom’s false allegations and lies, she doesn't call me and knowing she is only a couple of mile away hurts like hell.


My ex-fiancée has hurt me for years on end and she seems relentless in erasing me from our daughter’s life and I am reduced to nothing more than a broken-hearted dad that battles on for justice in the courts, so that someone will make my ex encourage our daughter to see me as an equal parent and let me be a part of her life, good times and bad.


I have a lot to give and a lot to teach her but the only people she gets to see is her mothers’ friends and family, not a true representation of her whole family, which to me is abuse and falls under the title of parental alienation. This is the act of one parent trying to stop meaningful contact with the other parent.


It is time to stand up and make family laws fairer to stop child abuse being carried out and to promote shared parenting in the family courts.


I have begun the 3rd round of my family court case. My case number is 2008-029595 in the 11th Judicial Circuit in Miami-Dade County, Florida.


They, the "opposing party" (I hate to use that description), have complained to the Court that I have filed 3 Petitions; the initial Petition in the Paternity Suit and 2 follow-up Petitions for Modification. That is correct...and so what?? Obviously it is within my rights to file a petition in a family court case if and when there's a substantial change(s). And there are!!


They, the opposing party and the Courts, should know by now that I will never give up on my daughter AND that I will file as many Petitions for Modification as needed. Do they really think I am going give up or that the Court is going to order me to stop the fight for my daughter to have a normal relationship with her Father?


At this point they should be worrying about other things such as their "reckless disregard" for how they have handled themselves throughout this case and the injury they've caused Zoraya and me.

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