Our Family Law System - Broken and Dangerous
69
The case of Josh Powell, a man who was under investigation in the disappearance of his 28-year old wife, Susan Powell, approximately two years ago in West Valley City, Utah, should make everyone feel appalled with our family law system. This is a tragedy that could have been and should have been avoided. Instead, once again, our justice system has failed to protect its children.
On Feb. 5, 2012, during a court-ordered visit, Josh Powell, who had already filled his house with gasoline, set the house on fire killing his two sons, Charlie 7, Braden, 5, and himself. Authorities say that it was a premeditated murder-suicide, as the house had already been doused with gasoline. A social worker had just brought the two boys to Powell's house for a court-ordered visit, when Josh Powell opened the door, brought the boys in, pushed the social worker out and shut the door. Moments later, there was a big explosion and the house went up in a roaring fire.
I am not an attorney but I have worked in the legal profession most of my life. I have worked for many attorneys in different fields of law. As a result, I have been exposed to many different types of cases and been privy to final decisions made in cases. I have also gone to court to interpret for clients. Of all the fields of law that I have come into contact with I must say that the decisions made by judges in family law cases are the most outrageous and illogical that I have ever seen.
Our government has Childrens' Services agencies in every state, all with different names but they exist for the same reason. These agencies are supposed to protect children because they cannot protect themselves. We also have the Family Court system which is also supposed to protect children. Although every state has its own laws, it appears that one basic belief runs throughout all or most of our family courts, and that is that a parent, because it is the biological parent, should always have priority in a custody case.
The tragedy which has just taken place in the case mentioned herein is yet more proof that our family law court system is broken and is failing our children. These two sweet, innocent little boys were beginning to remember what happened to their mother, even saying that their mother had been in the trunk. Not only did this monster set fire and blow up the house, but preliminary autopsy results done by the Pierce County Medical Examiner state that head and neck wounds were found on these two defenseless little boys, as their father apparently started hacking at them before the smoke or fire could kill them.
Many judges make orders in child custody cases involving drugs, alcohol and violence. Very often, judges award partial custody or visitation to a parent who has shown the court that either they have been violent toward their child or have allowed their spouse or other partner to be violent toward their child. Many times, the children themselves, do not want to visit the parent and clearly state their objections to court-appointed visits. As a good friend of mine just recently said, 'Nothing will reveal the truth as honestly as the innocence of a child.'
Some judges make the decision based on the findings (reports) of child agency caseworkers. If a caseworker, after conducting their investigation, deems the parent and their household to be acceptable, they write their report and close the case against the parent. The problem with this system is that each caseworker is over-burdened with too many cases and cannot properly investigate each parent and household.
Another very serious problem is that many caseworkers actually contact the parent in question and tell them that they will be coming by for a home visit. This seems to be a ridiculous practice, as the caseworker is affording the parent an opportunity to a good, and often, false presentation. If the parent normally has a filthy home they will clean it up before the caseworker shows up. If there is no food in the refrigerator because the parent spends it all on drugs or alcohol, the parent will purchase food. If the parent might normally be drunk or under the influence of drugs they will be sure to be sober when the caseworker shows up.
The entire system is illogical and does not protect the children. In the case of Josh Powell, it makes even less sense that a judge signed an order giving him supervised visits in his home. Powell was a suspect, and in fact, the only suspect in his wife's disappearance. I have not heard whether or not the judge made his order based upon the recommendations of the caseworker of the childrens' agency or if he made the decision alone. Either way, it didn't take a caseworker, attorney, and certainly not a judge, to see that Josh Powell was someone who should not be trusted to have visits with his children, in his home. At the very least, and I mean the very least, the visits should have been in a government office specifically set aside for such visits.
What will it take for childrens' agencies and judges presiding over custody cases to make the logical decisions? Is it that there is not enough money to hire social workers or caseworkers? Or is it that the judges make orders based on the ridiculous belief that because a woman gives birth to a child or a man sires a child, that they should always be given priority in a custody action? Too often, a parent has proven to be unfit to care for their child and yet the courts give them custody or unsupervised visits.
How many more children have to suffer or die because judges makes decisions that make no sense? This was just another tragic case that will probably be followed by many more unless there is a change made in our laws. We have seen this over and over again. Won't someone in authority make a change in the legal system to protect the children?
Source:
Willie 3 months ago
Hi Baby,
Great article, you did the abused children of the world proud.