Gay Couple Need Adoption Annulled In Order to Marry

In the not-so-distant past it was not unusual to hear about gay couples who arranged for one to adopt the other to gain rights of inheritance and other family benefits. I recall a case I handled 20 years ago where a wealthy, elderly gentleman adopted his younger partner, much to the distress of the adopting partner’s other biological children.

A gay couple in Pennsylvania did the same thing, convinced that during their lifetime the law would never recognize or legalize their relationship. But to their delight the United States Supreme Court did, a happy event that was marred by the realization that as father and son they faced a hurdle to become lawfully wedded spouses.

Nick Esposito, age 78, adopted his partner, Drew Bosee, age 68, in 2012, two years before same-sex marriage was legalized in the United States. The couple had been together for over 40 years. They determined that they would not allow the adoption to stop them from their goal of marriage and filed a Petition in Allegheny County seeking to annul the adoption. They learned that judges in other states had granted such orders in situations like theirs.

But Allegheny County Judge Lawrence O’Toole ruled that state law barred him from doing the same. He ruled that while same-sex partners could marry, parents could not marry their children. Of course, that makes sense, except that Mr. Esposito and Mr. Bosee were never really parent and child; the adoption was intended to ensure that upon death family benefits would be available to them. Judge O’Toole suggested that it would take a higher court to rule on the issue and provide guidance to lower courts.

The couple have appealed and are also finding political support from Pennsylvania’s Democratic Senator Bob Casey who has written to United States Attorney General Loretta Lynch asking her to intervene in the case.

I expect that along with an inevitable surge in same-sex divorce, attorneys will be kept busy obtaining orders for the annulment of same-sex adoptions.

Lawdiva aka Georgialee Lang

Divorce Lawyer Clandestinely Hypnotizes Female Clients

_DSC4179 - Version 2In a bizarre case out of Ohio, attorney Michael W. Fine, age 58, has been charged with numerous sexual offences arising from private appointments with a number of female clients, either in his office or in counsel rooms at the local courthouse.

The charges include rape, engaging in a pattern of corrupt activity, attempted rape, 15 counts of kidnapping, three counts of attempted kidnapping and two counts each of attempted sexual battery, attempted gross sexual imposition, gross sexual imposition and illegal use of a minor in nudity-oriented material.

Mr. Fine’s abusive activities were fostered by his ability to hypnotize his clients and take advantage of them while they were under hypnosis. The first client who blew the whistle on Mr. Fine recounted an uncomfortable feeling every time she left her lawyer’s office, with her disheveled clothing and a feeling she had lost track of time.

She reported the situation to the local police who told her not to return to his office, but she had a better idea. She continued to see her lawyer and secretly recorded what occurred. Later she played the recording and in shock and embarrassment returned to the police where they listened with mouths agape as they heard Michael Fine put her into a trance and then make outrageous sexual suggestions and physical overtures to her.

They asked Jane Doe #1 if she was prepared to wear a wire and video recorder which would be monitored by the police. The plan was that if and when Mr. Fine began his reprehensible acts they would burst into his office and arrest him. And that’s what they did.

The local bar association immediately suspended Mr. Fine from the practice of law and with the accompanying publicity 30 more women presented themselves as victims of his sex crimes. Shortly thereafter, Mr. Fine gave up his license to practice law.

The current indictments against Mr. Fine involves six women only, as many of his other victims are unable to provide sufficient evidence to satisfy the criminal burden of proof. However, police say they are continuing their investigation.

Not surprisingly, at least one victim has filed a civil suit against Michael Fine and the law firm that employed him. Her case is particularly alarming as she retained Mr. Fine to bring a civil suit for sexual abuse she endured as a child. She reportedly became close to him and considered him a second father.

Fine’s tactics included schooling his clients on relaxation and “mindfulness” techniques, a front for hypnotism and his own selfish sexual gratification.

He has plead not guilty to all charges.

Lawdiva aka Georgialee Lang

Former Toronto Lawyer Founder of Infidelity Site, Ashley Madison

_DSC4851Noel Biderman’s corporate slogan is “Life is short, have an affair”, although he says that personally he does not subscribe to his company’s philosophy.

A graduate of Toronto’s Osgoode Hall Law School, Biderman says he saw an opportunity after he noticed all the “sexual partner wanted” ads on Craigslist, and realized over 30% of the men and women on the list were married or otherwise “attached”.

His site, Ashley Madison, was hacked on July 12, 2015 by cyberpunks who call themselves “The Impact Team”, a sophisticated hacker crew that snagged 33 million personal files, announcing their attack by leaving a message on staff computers, accompanied by music, heavy metal group AC/DC’s “Thunderstruck”.

The company operates in 50 countries and has 38 million users, many of whom are terrified their name, location, and email address will be released. The ramifications are enormous and include the possibility of extortion and bribery or worse. Toronto police say that already they are aware of two suicides related to the breach of security, including a police captain from San Antonio, Texas.

The already beleaguered former reality star Josh Duggar’s name also came to light, leading to his admission that despite his well-known Christian values and his anti-divorce stance he is a member of the site.

Media articles abound suggesting the Ashley Madison debacle will translate to enhanced business opportunities for divorce lawyers,

While Mr. Biderman has offered a $500,000 Cdn. reward for
information leading to the capture and arrest of the hackers, he must also contend with a class-action lawsuit that demands multi-millions of dollars in damages.

Mr. Biderman may wish he had never left the law as he now copes with the “largest data breach in the world”.

All we know for sure is that the Impact Team didn’t like Ashley Madison’s casual rejection of marital monogamy, although Biderman says that he’s not to blame if men and women wander outside their marriage. Not surprising for a practising Jew who critiques the Torah’s Ten Commandments, including “Thou Shall Not Commit Adultery” as irrelevant and out of date.

Lawdiva aka Georgialee Lang

Extortion and Nude Photos Send Ex-Husband to Jail for Twelve Years

How would you like to marry a billionaire’s daughter? James Casbolt from Cornwall, England made an internet connection in 2009 with Haley Meijer, daughter of American billionaire, Hank Meijer, owner and CEO of a retail conglomerate with his brother, Doug, consisting of 213 grocery and pharmacy stores, 177 gas stations, and other related businesses, located in Michigan, Illinois, Ohio, Kentucky, and Wisconsin.

Their attraction was immediate and mutual.

They moved in together in Cornwall and later moved to the state of Michigan, marrying in 2011. Mr. Casbolt enlisted in the US Army and was posted to Texas whereupon he persuaded Haley to send him sexually explicit photos of herself to fend off his loneliness. She in turn made him promise he would never show them to anyone else.

They later had a child together but domestic violence led to their separation and divorce. James Casbolt was bitter and angry with the demise of his marriage and began a campaign of threats and abuse, writing

“If you are living with another guy, you just gave him a death sentence”.

He also threatened to send suicide bombers to her parents’ home and demanded a large sum of money saying “If my terms are not met, I can tickle the public interest for years, until the Meijers are so infamous in the world they will not be able to walk down the streets safely.”

But he had already released some photos on Facebook, many of them photo-shopped to look seedier than they were.

Casbolt, now living in the UK, also told his ex-wife that he would dedicate the rest of his life to destroying her, that his efforts would be inexhaustible, and he would continue for years. He sent her photos with images of him wielding a sword and a gun. He threatened: “Your dad could be lynched in the street” and sent an email that read:“[£]2M. Put in my bank account. I will then stop talking about the Meijer family.”

In a trial this week in England James Casbolt was sentenced to 12 years in prison.

“You systematically set out to destroy her reputation. Thousands of people with gullible minds saw the photos and doubtless believed the horrible lies you wrote.”

First Cyberstalking, Then Murder, in Family Law Tragedy

DSC00507 (2)In a divorce tragedy akin to Shakespeare’s “MacBeth”, Delaware mother Christine Belford, age 39, was murdered by her father-in-law in February 2013 after years of litigation involving child abduction, allegations of mental illness, non-payment of child support, and the eventual termination of a parental relationship.

Earlier chapters of the divorce of Ms. Belford and her optometrist husband David Matusiewicz were distinguished by animosity and hatred engendered by a dispute over their children.

In 2006 a psychologist examined the parties and found each parent capable and fit. The Court acted on that information and granted joint custody to the parties with Mr. Matusiewicz to have primary residence and Ms. Belford to see the children every weekend and mid-week.

But that order did not suit the children’s father who believed his wife was a an unfit, neglectful mother.

Selling his practice, Mr. Matusiewicz abducted their three children in 2006, spiriting them off to Central America in a Winnebago, with the assistance of his mother, Lenore Matusiewicz. Eighteen months later the children were found in Nicaragua and both David and his mother were sentenced to prison, three years and eighteen months respectively.

Now that the children resided with their mother, the Matusiewciz family made Ms. Belmont’s life a living hell for seven years, with repeated calls to child protection services, abusive allegations, multiple trips to court, and the ever present overtures to psychologists willing to advocate for them.

Their email and internet campaign saw David Matusiewicz, his parents and his sister spy, torment, and stalk his ex-wife, and repeatedly and falsely accuse Ms. Belford in emails, letters, phone calls and Internet postings of sexually abusing and neglecting the couple’s daughters.

By June 2012 Christine Belford wrote a letter to her ex-husband and his family barring all further contact with the children. She wrote:

“Your past behaviors have scarred the children enough,” she wrote. “There is no need to inflict additional harm.”

She also communicated her fear to her lawyer, Timothy Hitchings, writing:

“[David Matusiewicz] may allow me to survive to suffer, I may survive long enough to watch the girls be harmed. I may even go missing. All of this could be possibilities.”

Further emails between this frightened mother and her lawyer indicated she had taken out life insurance on two of her daughters, wrote a will, and was saving money to purchase a gun.

During her last days, she prepared for another child support hearing, arriving at the courthouse with her friend, Laura Mulford, when suddenly her 68-year old father-in-law, a Navy veteran and former police officer, drew his gun and shot Christine Belford and her friend Laura. In a hail of bullets he exchanged gunfire with the police before turning the gun on himself and committing suicide. He had earlier told friends that he had a brain tumour and didn’t care whether he lived or died, although medical reports indicated the tumour was benign.

But if Thomas Matusiewicz thought his death by suicide would spare his co- conspirators he was dead wrong. In the first case in the United States, David Matusiewicz, his mother, Lenore Matusiewicz, and his sister, Amy Gonzales were charged and convicted by a jury of cyberstalking leading to death, with a possible sentence of life in prison.

While the Matusiewicz defendants denied knowledge of their father’s plans to kill Ms. Belford, the Prosecutors successfully argued that the defendants did not have to know that Tom Matusiewicz planned to kill her in order to be found guilty, but only that her death was “reasonably foreseeable” or a “natural consequence” of their actions.

They remain in custody and will be sentenced in October 2015. It is expected they will appeal their convictions.

The saddest part of this tragedy is that three lovely children no longer have a mother, a father, or paternal relatives to help them along in life, all because of hatred and misplaced obsession.

Lawdiva aka Georgialee Lang

Country Superstars Blake and Miranda to Divorce

GAL & PAL #2jpgIsn’t it funny that we can feel a profound sadness when people we don’t know announce they’re divorcing? In our world of 24/7 multi-media we get to know the celebrities we admire, the ones we pay big dollars to see their concerts and buy their records.

I became a fan of Blake Shelton when he was a judge on “The Voice”. His weekly banter with hunk Adam Levine and their tender teasing of each other, showed us Blake’s personality and his sense of humour. He made me want to know more about him, I became interested in his life in the southern United States with his wife Miranda Lambert.

Just like every celebrity “It” couple, the tabloids waxed and waned about every aspect of their lives. Was Miranda too fat? Did she resent Blake’s career success? Who made more money? Was Blake drinking too much and was he imbibing right on the show?

Just when trash journalism overloaded the public with Miranda’s weight issue, she became skinny! Entertainment Tonight said she lost 20 lbs. while competitor Hollywood Life declared it was 45 lbs. And following on the heels of the weight loss debate came the incessant speculation that Blake was cheating or was it Miranda? Depended upon what day it was and what whether it was People magazine or TMZ.

But where there is smoke there’s fire and today their press agents released the news that they filed for divorce two weeks ago and the divorce order has already come through.

While they met in 2005, two years after Miranda came in third place on reality singing show Nashville Star, they tied the knot in 2011 before 550 friends and relatives; the elite of Nashville, including my fave, Reba McIntyre, Kelly Clarkson, Trace Adkins and the rest of country music’s who’s who.

Blake later admitted that he fell in love with Miranda when he performed with her, even though he was married at the time. He and his first wife, Kaynette Gern, divorced in 2006.

Shelton and Lambert have more than a fistful of nominations and wins in all the major awards show including the Grammy’s, and Blake Shelton has coached more winners on The Voice than any of his co-stars.

For all their success, they failed at their most important roles: husband and wife.

Lawdiva aka Georgialee Lang

Part 2: Alienated Kids Released From Jail

BarristerIn yesterday’s post I described the court hearing in Michigan that led Judge Gorcyca to send three children, ages 15, 10 and 9 to Mandy’s Place, a juvenile detention centre for children under 18.

Many people expressed outrage at her decision. Comments from American lawyers writing in the American Bar Association Journal ran at about 99% against. A few examples:

“Really. Sending kids to jail. This judge has no judgment. She should be removed from office. Clearly she is power mad.”

“If we saw this case on some TV lawyer show, no one would believe it. Yet here it is, in all it’s pathetic grandeur.”

“In loco parentis, with the emphasis on “loco.”

“It is painfully clear these children have already been destroyed. I am often skeptical about parental alienation syndrome even being a thing (and I do
matrimonial law) but this transcript proved it to me. A kid says they would prefer to go to juvie than to eat lunch in the courthouse cafeteria with his father? That is just appalling. And bespeaks some nasty business by mom-who also apparently went off on the judge personally in the past. This is not the insanity it reads like, I’m afraid. There is a back story and it’s ugly.”

The Michigan media later reported that the children spent two weeks at Mandy’s Place, a facility they had been ordered by Judge Gorcyca to tour earlier in March of 2015, an indication that she had the juvie hall in mind months before she made the order. The facility later reported that the children had settled in and were making friends, although they had been kept apart from one another, until their unexpected release earlier this month.

The children’s father and the court appointed guardian ad litem jointly applied for an order that the children be released from Mandy’s Place and be sent to a Jewish summer camp with the costs to be divided equally between the parents.

Judge Gorcyca, previously a prosecutor, granted the order saying:

“While this court’s remedy in this particular situation may seem drastic and offensive, so too, is the notion … that the only way to maintain a stable and loving connection with the mother is to vilify and reject the father.”

While Judge Gorcyca’s initial order may have been draconian, my twenty-seven years of experience provides me with a perspective that is less critical and more understanding of the judge’s dilemma.

Mrs. Tsimhoni knew that in the absence of a genuine attempt at reunification between the children and their father, their removal from her custody was inevitable. She and the children toured the Children’s Village three months earlier.

However, it would have been difficult, nearly impossible, to
order a change in custody in the circumstances presented. Mr. Tsimhoni had returned to live in Israel with his new wife and child. The prospect of allowing the children’s mother to continue to “brainwash” them was intolerable. I have no doubt that Judge Gorcyca had considered many other options before choosing the Children’s Village.

The mother had so empowered her children that even she could not obtain their cooperation to speak to or have lunch with their father. In my view, because of her self-centered need to obtain revenge against her ex-husband she turned three innocent young children into victims, and she alone is to blame for their predicament.

Typically in these cases, the children are ordered to live with their grandparents or other relatives who will adhere to a court order that the mother not be permitted any contact with the children. In the Tsimhoni case, the immediate family lived in Israel, including both sets of grandparents.

I recall a case of mine many years ago where two young boys were taken by their mother to Germany on the pretence of a holiday. They didn’t return, leaving a devastated father in Vancouver. His court applications in Germany were of no assistance in recovering his children.

Over the years the eldest boy begged his mother to allow him to visit his father, but she refused. Finally, when he turned twelve-years old she consented and he flew on his own to visit his father for two weeks.

At the conclusion of the holiday, I received a phone call from the father. His son was refusing to fly back to Germany. I told him that he had no choice but to take his son to the airport and see that he got on the plane.

Father and son arrived at the British Airways counter and the check-in process began, but suddenly the young boy started emptying his suitcases, throwing the clothes on the floor, and yelling that he would not board the plane.

His actions so distressed the clerks at the counter they called the captain of the 747 to come and speak to the boy. The pilot’s overture was of no use, as the boy still would not budge. With that, the captain advised my client that he would not allow his son to board the aeroplane for safety reasons. The boy remained with his father and a custody order was obtained in British Columbia.

But that was not the end. Two summers later I received a phone call from my client who advised his younger son, now approaching twelve-years old, had surreptitiously left Germany and showed up on his doorstep in Vancouver. His mother in Germany was frantic, as he left under cover of night and she had no idea where he was. He too escaped the clutches of the mother who had abducted him years before, and remained in Vancouver.

A dynamic in my client’s case and in the Tsimhoni case is that the younger child or children will often follow the older sibling, which is exactly what occurred in Judge Gorcyca’s courtroom.

So what is a judge to do? In certain jurisdictions reunification programs have been established for children who have, for no legitimate reason, refused to see a parent. In British Columbia, parental alienation expert, Dr. Katherine Reay runs “Family Reflections”, a residential program where children receive intensive therapy over a prolonged period of time. She reports a significant success rate.

As for those who still insist that parental alienation is a pseudo-syndrome that doesn’t really exist, I have seen it with my own eyes for many decades, as have hundreds of other lawyers and psychologists across North America. It is one of the most insidious forms of child abuse, rivalling the inexplicable tactic of falsely alleging a parent has sexually abused his or her children.

Lawdiva aka Georgialee Lang