16.Mar.2010 Loose one, win one, in ND Supreme Court

Today I was sad to see the state SC uphold my fine for running an honest rental ad in Labor Dept v. Riemers.   But on a happy note, a family law case I was helping out on won.  In Harris v. Harris, where the wife was using an easily obtained disorderly conduct restraining order to get defacto custody of their son.  Generally, a woman (or man of course) can go into court (with CVIC free legal help) and request a disorderly conduct restraining order for herself (or himself) and their child.  The child doesn´t get to appear to testify, it is all just the petitioning parent testifying that she and the child do not want contact with the other parent.  Once that is done, the petitioning parent has effectively got custody and it is all downhill from there.  For example, how can the man get custody of a child in a later divorce if he has an order stating he can not see the child, based solely on the desires of the wife?  Government benefits now also flow to the defacto parent, and the loosing parent (who is still daized and wondering what the hell happened) is ordered by another state agency (without a hearing or finding) to pay up or it will be held out of his paycheck.  Well, at least this time, the CVIC choo choo has for the moment been derailed and overpaid licensed CVIC attornies have been done in by us helpless do gooders.

Roland

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