A previous post showed Judge Daniel C. Banina being admonished for granting a paternity petition without notifying the mother as such, effectively granting custody to the father without telling the mother.
Judge Daniel C. Banina: The Indiana Judicial Qualifications Commission is Tired of Erring Family Court Judges and Lawyers
It seems that Indiana, known for their Fatherhood Programs, is inflicting Maternal Deprivation Abuse on children and their mothers without any ethical concerns to the trauma being inflicted.
It doesn’t seem possible that these Fatherhood Programs were intentioned to allow the re-abuse of women and children through the court system, but this is exactly what the Fatherhood agenda has brought about. Women who separate from the children’s father due to maltreatment of the mother and/or child are being re-victimized in courts by unethical judges, lawyers, guardian ad litems, psychologists, parenting coordinators, et al who take children away from their mothers, often for a large profit. The Fatherhood programs have created bogus research exalting fatherhood and maligning motherhood with the specifically stated agenda of making sure they eradicate single motherhood. They are doing this not by promoting good treatment of women and children, but by taking children away from their mothers when they leave abusive situations. Many cases the men claim to be “falsely accused” of abuse and claim to be victims of the fictitious “Parental Alienation Syndrome” which has never been recognized as a valid syndrome by any ethical scientific group ever.
Does anyone actually think that the court is an enjoyable experience for the victims of abuse who have to relive and recount bad experiences only to be accused of lying? Is these men were such great husbands or fathers, why would the wife or mother want to leave? Why would protection be asked for?
In the case that follows, why did this mother only have summer visitation? Isn’t it becoming obvious that these men are using the courts to punish women for leaving them, taking the children from them, making them pay child support, and continuing to inflict abuse on them thru the court system? The children are suffering because of this as well as the mothers. This Maternal Deprivation Abuse needs to be recognized for the crime that it is and all those guilty of inflicting this abuse on children and their mothers need to be punished for their involvement.
What will this child think for the rest of his life over being forcefully taken from his mother like an animal being trapped! Hopefully the child won’t model this behavior and treat his wife and children the same way.
PUBLIC ADMONITION OF COMMISSIONER CHRISTOPHER B. HAILE
The Indiana Commission on Judicial Qualifications, having determined that formal disciplinary charges are warranted, issues instead this Public Admonition of Christopher B. Haile, Commissioner, Marion Superior Court, Civil Division 11. This Admonition is issued pursuant to Supreme Court Admission and Discipline Rule 25 VIII E(7) and with the consent of Commissioner Haile. Commissioner Haile cooperated fully with the Commission in this matter and acknowledges he violated the Code of Judicial Conduct, specifically Canon 3B(8), which requires judges to provide every person with a legal interest in a proceeding the opportunity to be heard and prohibits judges from permitting or considering ex parte communications.
In 2001, Commissioner Haile presided over post-dissolution proceedingsin Marriage of Shafer. Mr. Shafer had custody of the parties’ son, and the Commissioner approved their plan for Ms. Shafer’s summer visitation. He further ordered the parties to arrange their summer visitation schedule for subsequent summers by May 1 of each year.
On August 2, 2004, Mr. Shafer filed a “Verified Emergency Petition for Return of Child,” alleging that Ms. Shafer’s summer visitation ended on August 1, 2004, that she was not available at her house on August 1 when he arrived to pick up their son, and that the son had a dental appointment on the morning of August 2 and was scheduled to start school orientation on August 8, 2004. Mr. Shafer verified he sent his Petition to Ms. Shafer by mail on August 1, 2004.
On August 3, 2004, Commissioner Haile issued an “Order for Immediate Return of Child,” and ordered Greenwood, Indiana law enforcement to enter Ms. Shafer’s residence and assist in returning the parties’ son to Mr. Shafer. Mr. Shafer regained physical custody of their son pursuant to the order.
Under certain circumstances, a judge may issue an order of this kind without prior notice to the other party. Generally, this is permissible where the court finds a true emergency exists and the petitioner provides reasons notice should not be required before the court considers the petition. In this case, neither a dental appointment nor school orientation a week later constituted an emergency justifying an ex parte order. Additionally, Commissioner Haile was aware only of Mr. Shafer’s allegations about the parties’ summer visitation schedule in 2004, and ordered law enforcement to take the Shafers’ son from Ms. Shafer without the benefit of hearing her position on the agreed summer schedule. Commissioner Haile believed he was acting in the child’s best interests; however, that is not the point. Ms. Shafer was denied her right to be heard.
Commissioner Haile is admonished for violating Canon 3B(8)of the Code of Judicial Conduct. This Commission Admonition concludes the investigation, and Commissioner Haile will not formally be charged with ethical misconduct.
Questions about this Admonition may be directed to Meg Babcock, Counsel for the Commission, (317) 233-5394. (317) 848-2300.
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