Showing posts with label sole custody. Show all posts
Showing posts with label sole custody. Show all posts

Friday, May 6, 2011

Custody-Prompted Double-Murder



Man charged in execution-style murders of ex-wife and her father

Orange County prosecutors allege that he waited to shoot them at his Costa Mesa home just hours after losing custody of the couple's 7-year-old daughter, who was sent out for ice cream with his current wife.

By Lauren Williams and Robert J. Lopez, Los Angeles Times

May 6, 2011

A Costa Mesa man has been charged with the execution-style murders of his ex-wife and her father after allegedly waiting to kill them at his home just hours after she was awarded sole custody of their 7-year-old daughter.

The slayings shocked neighbors in the quiet residential neighborhood not far from South Coast Plaza, where prosecutors allege the gunman chased his victims into the street Tuesday evening as he reloaded his weapon and continued to fire as they lay bleeding on the ground.

Robert Lehmann, 36, was charged Wednesday with two counts of special circumstances murder with sentencing enhancements for using a weapon, lying in wait and committing multiple murders, according to the Orange County district attorney's office. He is scheduled to be arraigned June 24.

His ex-wife, Emily Ford, 32, who worked as a preschool aide at a nearby school, had arrived at Lehmann's home on Santa Clara Circle to pick up the child with her father, Russell Ford, 62. The mother had left her 3-month-old son, who is not Lehmann's child, in a car seat inside her vehicle.

Earlier in the day, Emily Ford had been awarded sole custody and sole decision-making powers regarding the education of her daughter after Lehmann failed to appear at a custody trial, according to records filed in Orange County Superior Court.

Lehmann was angry about the custody order and, before his ex-wife arrived, sent the daughter and his current wife out to buy an ice cream, prosecutors said. As he opened the door, he allegedly began shooting at Emily Ford and her father. They ran into the street, with Lehmann following them.

"Lehmann is accused of pursuing them outside and continuing to shoot," Dist. Atty. Tony Rackauckas said in a statement. "As Emily Ford and Russell Ford lay bleeding on the ground, Lehman is accused of reloading his firearm and executing the victims by shooting them repeatedly in the back and back of the head."

Shots streaked past the vehicle containing Emily Ford's baby and struck cars across the street, where parents had parked to pick up their children at a day-care center. No other injuries were reported.

Afterward, police cordoned off parts of Lehmann's modest, single-story house with yellow crime scene tape. A thin trail of blood had dried and was crusted on the path that led to the well-manicured lawn.

A brown truck parked in the driveway had the license plate "Dady ♥ AJ."

Marco Antonio Arroyo, who lives two homes away, said the family always seemed very happy.

Lehmann's daughter often played outside the home, Arroyo said, adding that her father was always very affectionate with her.

"I would have never imagined," Arroyo said. "Never! I never saw anything contrary. They always seemed happy."

The girl is a special-needs student who attends Sonora Elementary School in Costa Mesa, officials said.

Emily Ford was a special-education preschool instructional aide who worked with autistic children at Paularino Elementary School in Costa Mesa. She also waited tables part-time at Morton's steakhouse in Santa Ana, court records show.

Colleagues at the school described Ford as engaging and well liked by the staff.

"She was a wonderful, nice lady who always had a smile on her face," said Principal Stacy Lynne de Boom-Howard. "She was very happy with where her life was. She was in a very happy relationship."

Russell Ford was an educator with the Santa Ana Unified School District from 1978 to 2010.

Court records show that the custody battle began amicably when the couple separated in 2004 after 10 months of marriage. But tensions surfaced when Emily Ford wanted a divorce and was set to remarry in 2009, according to court documents filed by her attorney.

Lehmann worked for Hewlett-Packard Co. as a "solution architect," according to court papers, and grossed more than $13,000 a month.

In 2009, Ford alleged in the court filings, Lehmann threatened to stall the divorce unless she reached an agreement with him outside of court on custody and support issues.

The records show that Lehmann questioned Ford's parenting skills, saying that their daughter had gotten scratches while on the school playground,

In the end, the court sided with Ford and ordered her to pick up the daughter from Lehmann's house at 6 p.m. Tuesday — the same time she was killed.

lauren.williams@latimes.com

robert.lopez@latimes.com

Copyright © 2011, Los Angeles Times

Thursday, March 24, 2011

Parental Rights of a Paralyzed Mother - Judge to Rule


LOS ANGELES — Even though Abbie Dorn was paralyzed giving birth to triplets, her parents say that doesn't mean she should be denied the right to hold her children and watch as they grow up — even though she can't eat, speak or move.

The parents have gone to court in an effort to persuade a judge that their daughter not only wants motherhood, but has a constitutional right to it as well. Her condition doesn't mean she loves her children any less than any other mother would love hers, they say.

But allowing three preschoolers to spend lengthy periods of time with a woman who can only lay motionless will traumatize them, argues their father, Dan Dorn. He has been raising the two boys and a girl as a single parent since the day he brought them home from the hospital nearly five years ago. He wants things to remain that way.

After hearing closing arguments from both sides Thursday, Superior Court Judge Frederick C. Shaller is expected to decide whether Dan Dorn must agree to grant his ex-wife regular visitation rights.

Ultimately, Shaller's ruling will likely only resolve the matter temporarily. A parental rights lawsuit brought by Abbie Dorn's parents, Paul and Susan Cohen of South Carolina, is expected to take place later.

The tragic events that led all parties to Shaller's courtroom this week began on what should have been the happiest day of Abbie Dorn's life. That was June 20, 2006, when she left for the hospital to give birth to her sons Reuvi and Yossi and their sister Esti.

The first two births took place without incident, but as a doctor was delivering Yossi he accidentally nicked Dorn's uterus. Before doctors could stop the bleeding, her heart had stopped, a defibrillator they used malfunctioned and her brain was deprived of oxygen.

A year later her husband, believing she would never recover, divorced her and is raising their children at his Los Angeles home. Her parents, meanwhile, took her to their Myrtle Beach, S.C., home where they are caring for her. As the conservators of her estate, they also manage her malpractice settlement of nearly $8 million.

They want her ex-husband to bring the children there for regular visits.

Until a four-day visit last December, Dan Dorn had not done so. His ex-wife's parents say that was the first chance she had to hold her children since the day they were born.

Both sides agreed in court last week that the visit went well and the children would like to see their mother again.

But their father wants to limit their interaction to avoid traumatizing them. He noted that his ex-wife can't speak and he believes she isn't aware of her surroundings.

Abbie Dorn's mother disagrees. She says her daughter expresses her emotions when she smiles or cries and that she communicates with others by blinking her eyes. One long blink means yes. No response to a question means no.

When a Los Angeles Times reporter visited her last year and asked if she wanted to see her children, Dorn responded with a long, firm blink.

The Times reported that neurologist Dr. Angela Hays, who examined Abbie Dorn, testified that she can perceive sounds and images. "She does perform an eye blink maneuver to attempt to signal yes or no answers," Hays said, although "it was difficult for me to get her to do that reliably."

Wednesday, March 16, 2011

Dwayne Wade Wins Custody Battle


MIAMI — When the Miami Heat ended practice Sunday, Dwyane Wade went home to his sons.

That will be a regular event going forward.

Ending a long and often-vengeful fight, a Chicago court has awarded Wade sole "care, custody and control" of his two sons. The boys arrived in Miami on Friday, shortly after the ruling was filed, and Wade told The Associated Press that "a huge weight is off my back."

"My life changed in a huge way," Wade told the AP. "Mentally, I've been preparing for it for over a year now. To me, it's bigger than that. For me, it shows a lot of people that you need to fight to be in your kids' lives sometimes. You fight until you can't fight any more. That's all I was trying to be, a father in his kids' lives."

Wade did not immediately announce the decision after receiving word Friday, trying to make sure that his sons fully understood what it meant first. Teammates, informed of the ruling in a locker room meeting on Saturday after Miami's victory over the Memphis Grizzlies, gave him a rousing ovation.

Wade had one of his finest all-around efforts of the season Saturday: 28 points, nine assists, five rebounds and five blocked shots.

It may not have been a coincidence.

"I heard the best news I could possibly hear," Wade said. "So I was like, 'I'm going to go out there and play free and enjoy it.'"

Wade's divorce was granted last June, after a lengthy separation. The financial portion of the divorce remains unsettled.

The boys' mother, Siohvaughn Wade, will have what the court described as "regular parenting time" on alternating weekends in Miami, as well as several other times during the year, including Mother's Day. Dwyane Wade has also repeatedly said that he wants his sons to have healthy relationships with their mother.

Still, the 102-page ruling had some sharp words for Wade's ex-wife.

"This court finds that (Siohvaughn Wade) has embarked on an unstoppable and relentless pattern of conduct for over two years to alienate the children from their father, and lacks either the ability or the willingness to facilitate, let alone encourage, a close and continuing relationship between them," read a portion of the ruling entered by Judge Renee G. Goldfarb.

Wade's attorney, James Pritikin, said the custody trial "was one of the longest ever in Cook County history."

Wade filed the motion asking for sole custody nearly a year ago, though the legal tussle has gone on considerably longer.

He and his ex-wife separated in August 2007 and it took Wade years to get the divorce, a process that was slowed by his ex-wife often changing attorneys. He also sued Siohvaughn Wade for defamation after she made unfounded allegations against him in 2009 – claims she eventually withdrew.

More claims against Dwyane Wade followed during the custody case, including that he was abusive to his children. The court found them all to be baseless.

"The court agreed the best home is with Mr. Wade and that he is also willing to foster a relationship with the children's mother," Pritikin said. "I know he will continue to be a phenomenal parent."

The court acknowledged that Wade's schedule as a professional athlete is "demanding," given the rigors of training camp, preseason, an 82-game regular season and then the playoffs.

"Is every day the same? No. Is it consistent? No," Goldfarb's ruling read. "But, to posit that (Dwyane Wade) does not have the time to be a primary parent is incorrect. He has the time if he makes the time."

Wade said all the measures are in place for as smooth a transition for his sons as possible. A school for the boys has been selected, and a plan for child-care was presented to the court, which found it acceptable.

"We had to have that, nanny care, everything already booked and planned out," Wade said. "That's the easy part."

The court ruling also had some other interesting items, including Siohvaughn Wade's contention that Dwyane Wade could have found employment in Chicago, where she has lived with the boys.

Wade met with the Chicago Bulls twice last summer when he was a free agent, but according to the ruling, Bulls owner Jerry Reinsdorf never met with Wade, nor did the team ever present the 2006 NBA finals MVP with a contract offer.

The ruling also states that Wade is on the U.S. roster for the 2012 London Olympics. Wade played with the U.S. team at the Athens Games in 2004 and the Beijing Games in 2008, but has not yet said publicly if he definitively plans to play at the London Games.

Wade told the AP that the waiting for the ruling has been difficult, and expressed again Sunday a desire for his ex-wife to "play a healthy role" in the boys' lives.

"I'm not going to say, 'OK, I won,'" Wade said. "I think them living here, being here, it's a great opportunity for them and I'm looking forward to it for them, to grow up with me and us learning together, how to be father-son. So I'm excited."

Wednesday, November 24, 2010

Japan's Child Custody Law


WASHINGTON, Nov. 24 (UPI) -- Sorting out child custody isn't east even in the most amicable of divorces but when an acrimonious separation involves two different nationalities, things can get even trickier, especially if a Japanese citizen is involved.

Still, it's unlikely that Japan will bend to international pressure to encourage equal guardianship of the children of failed relationships as it continues to adhere to the single-custody system that only allows one parent to have sole rights to a child.

The heat is on for Japan to sign the Hague Convention on the Civil Aspects of International Child Abduction, with the European Union urging Japanese Justice Minister Minoru Yanagida at an October ministerial meeting in Tokyo to address the issue head-on. The 1981 treaty is designed to prevent one parent from a dissolved marriage between two people of different nationalities from taking their offspring against an existing child custody agreement and has been signed by 82 countries. Among the Group of Eight, Japan and Russia are the only nations that aren't signatories.

The United States too has ratcheted up its call for Japan to take the cross-border custody issue more comprehensively, and the Openness Promotes Effectiveness in our National Government Act of 2007 was passed by the late September calling on the Japanese government to "immediately address the growing problem of abduction to and retention of United States citizen minor children in Japan."

Patrick Braden, for one, can't wait for Japan to sign the international pact. The father of now 5-year-old Melissa, Braden hasn't seen his daughter since the mother of his child took the baby to Japan without Braden's consent four years ago. Even though a Los Angeles court had granted joint custody of Melissa to the couple, Japanese authorities haven't adhered to the court's ruling and have effectively given Melissa's mother full custody rights.

For his part, however, Braden hasn't once visited Japan either before or after his relation with the mother of his child, Ryoko Uchiyama, with whom he was never married.

"I don't see the point," Branden said. Instead, he has focused his energy on getting U.S. support for his cause, founding Global Future, an advocacy group focused solely on getting Japanese-American children currently with their Japanese parents back to their parents in the United States. About 300 children are believed to have been affected by the current legal limbo.

Still, it's unlikely that the Japanese government will sign the Hague treaty any time soon. Part of the reason why Japan hasn't given in to the demands of foreign parents is because the concept of joint custody doesn't exist. Rather, one parent -- usually the mother -- takes sole responsibility for children after a divorce and, while parents are free to argue on who should be the one responsible before a family court, any decision reached is final, and could spell the end of visiting rights for the losing parent.

Granted, such a drastic ruling on custody rights is coming under greater scrutiny in recent years, especially as Japan's divorce rate continues to rise. Nevertheless, there is no real public outrage over the current status of sole custody, and so long as that is the case, then the fact that a mother has taken over her child from the United States after ending her relationship with the father won't be viewed as bizarre.

In fact, there are greater concerns about how to actually implement joint custody when the parents live on two different continents, argued Sayuri Umeda, senior foreign law specialist at the Law Library of Congress who is also a lawyer both in Japan and the United States.

As for the pressure on the Japanese government to sign the Hague convention next year, it's likely to "be postponed again and again," Umeda said.

The real victims of the political impasse aren't the Japanese government or the disputing parents but the children who are forced into such extreme positions.

"It's a great tragedy for the children," Umeda said.

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(Shihoko Goto is a former senior correspondent for UPI's Business Desk and is currently a freelance journalist who divides her time between Washington and Tokyo. She has written for Dow Jones, Bridge News, Congress Daily and a number of Japanese publications including AERA, a weekly magazine of Asahi Shimbun.)

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(United Press International's "Outside View" commentaries are written by outside contributors who specialize in a variety of important issues. The views expressed do not necessarily reflect those of United Press International. In the interests of creating an open forum, original submissions are invited.)