| --PEERgroup --Parental Equality Enforcement Group |
| ____________________________________________________________________________________________________________ |
| 1997 |
| Jan 6, 1997 - Court Adopts recommendations of Dr. Rebesco and Cheryl Moultrie regarding visitation (but this will never be enforced). New pre-trial conference set for March 5, 1997. Jan 8, 1997 - Garry files more petitions for contempt against Kathy for non-compliance with court orders. Jan 22, 1997 - James Rice makes appearance as Kathy Cook's new attorney. Feb 12, 1997 - Kathy files motion requesting that Dr. Rebesco to be removed from case. Feb 25, 1997 - Magistrate Christina Miller receives summary report from Dr. Judith Themer from Southlake Mental Health Center who she appointed to facilitate reunification between father and daughter. In part, the report stated: "Mrs. Cook's behavior represents a concerted effort to delay the process of reunification between her daughter and Mr. Cook. I am especially concerned that Mrs. Cook exposes their daughter to these behaviors." "Mrs. Cook's attempts to sabotage the reunification process is already quite apparent." "Mr. Cook has been fully cooperating with the scheduling and attendance of his appointments." Feb 25, 1997 - Garry files new request for sanctions against Kathy for sabotaging reunification with his daughter. Feb 26, 1997 - David Finsel files appearance as new attorney for Kathy Cook. Feb 28, 1997 - Kathy files motion for change of judge asking Magistrate Christina Miller to remove herself from the case. Attorney Jim Rice requested to withdraw appearance as attorney for Kathy Kirk. March 3, 1997 - Kathy Kirk requests continuance for hearing set for March 5, 1997. She also asks for change of venue. March 5, 1997 - HEARING DATE: Kathy files petition for change of judge. Hearing canceled pending assessment of this motion. March 10, 1997 - Dr. Warren Ugent's write letter to Dr. Judith Themer at Southlake Center for Mental Health. Kathy has taken Teri Ann to see him on Feb 7,17 & 18, 1997, instead of to Southlake as ordered by the court. March 12, 1997 - Court receives new report from Cheryl Moultrie, guardian ad litem, which states in part: "Both Dr. Rebesco and I independently found no substantiation of the allegations...The child's belief of the allegations is directly related and substantially caused by the pathology between the mother and child...a custody evaluation should be ordered to determine Kathy Cook's fitness." "As an attorney, I have respect for the legal process and the rights of litigants to discovery, motion filing, responses, pre-trial hearings, etc. Nevertheless, as the Guardian ad litem and entrusted with representing the best interests of this child, I can see that the protracted legal process in this case is harmful to what is best for the child.” March 21, 1997 - Kathy, through her attorney, files motion to stay proceedings. March 24, 1997 - New hearing date set for April 11, 1997. March 31, 1997 - Kathy's attorney files motion to continue next hearing. March 1997 - Dr. Judith Themer of Southlake Mental Health Center writes letter indicating that there have been problems with the reunification process due to refusal and cancellations and otherwise failure to cooperate by Katy. Letter includes the following observations: Kathy feels "she is acting in the best interests of her daughter by reinforcing her daughter's feelings of not wanting to have contact with her father." - Dr. Judith Themer "Kathy did acknowledge that the course of treatment was court ordered for her and that frankly she did not feel that she wanted to participate." and "Kathy stated that she believes that her daughter was molested whether that was substantiated or not." - Ginger Wegner, Social Worker, Southlake Center for Mental Health March 1997 - Kathy marries Dr. Marvin Faulkner. April 2, 1997 - Kathy files petition to stop reunification between father and daughter. April 3, 1997 - Kathy files notice of intention of custodial parent to change her residence. She plans to move to her new husband's estate in West Plain's, Missouri. April 4, 1997 - Kathy files motion for change of judge April 8, 1997 (approx.) - Stephen B. Cohen makes appearance as Katy's new attorney. Cohen claims Kathy and Teri Ann are being traumatized and threatened by Southlake Center for Mental Health. Cohen also claims that Southlake Mental Health Center demeans and intimidates Kathy. April 9, 1997 - Kathy files motion to strike guardian ad litem's report and addendum from the records. April 10, 1997 - Guardian ad litem, Cheryl Moultrie files contempt citation against Kathy Cook. In retaliation, Kathy files motion to remove Cheryl Moultrie as Guardian ad litem. April 11, 1997 - HEARING: Magistrate Christina Miller takes the case under momentary advisement, retreats into her chambers, then removes herself from the case without issuing a decision. Case to be turned over to Special Judge Mary Beth Bonaventura. April 21, 1997 - Special Judge Mary Beth Bonaventura appointed new judge. May 5, 1997 - Seperate trial date set for library incident from February 1996. Continued until June 30, 1997, (see entry for March 16, 1996, above). June 12, 1997 - Guardian ad litem Cheryl Moultrie files request for hearing to collect her fees. Hearing set for June 17, just 5 DAYS LATER. Compare how quickly an attorney is granted a hearing to collect fees. Hearings requested by the father were MONTHS into the future. What are the judges prioities? June 17, 1997 - HEARING: Bonaventura rules the Garry ’s attorney will be allowed to interview the minor child (however, this will never occurs). Court orders Moultrie to remain as GAL, denying Kathy’s motion to have her removed from the case. Moultrie gets paid. June 30, 1997 - Criminal Hearing regarding library incident from February 1996: CASE DISMISSED, Kathy didn't show for court. The Custody Hearing court date is finally set for August 11, 1997 through August 14, 1997 (remember, this case began in September of 1995 so it has taken nearly two years just to get the court to set a trial date. Garry has had no contact with his daughter in all this time.) July 12, 1997 - Moultrie files Guardian Ad Litem Addendum Number Two with Judge Bonaventura. This report makes the following comments: Concerning the emotional distancing of father and daughter... “Every indication suggests that the mother has continuously and persuasively supported and orchestrated this distancing.” “The mother has systematically refused to cooperate with a therapeutic reuniting of child with father.” “The mother chose to marry at an inopportune time. She married Dr. Faulkner at the same time she was refusing to take the child to Southlake Mental Health for the therapeutic start of reunification ordered by Magistrate Miller. The mother has wanted all of the professionals involved in this case discredited and this is most likely due to each persons’ disagreement with what the mother wanted, which was for the child to never have to reunite with the father.” July 31, 1997 - Dr. Judith Themer from Southlake Mental Health Center (appointed by Bonaventura to conduct therapy between all the parties). Copy of this letter has been requested from the court and has not yet been received. Aug 7, 1997 - Judge schedules interview with Teri Ann AFTER the hearing on August 14, 1997. Aug 11, 1997 through August 14, 1997 - CUSTODY HEARING: Insufficient time to complete the hearing, so additional time is set for September 8, 1997 and a Custody Hearing is set for September 9 and 11. Dr. Rebesco testifies that this is one of the top three worst cases she has ever seen. Sept 1997 - Dr. Faulkner seperates from Kathy. Marriage will soon end in divorce. Sept 3, 1997 - Two years since Garry has had any contact with his daughter. Sept 8 & 9 - CUSTODY HEARING continues. Sept 9: Court concludes evidence on the case. Bonaventura orders psychological evaluations of Kathy and Garry and custody evaluation to be conducted by Dr. Ronald Ruff. Dr. Ruff is ordered to submit a report to the Court by 10/17/97 recommending “determination of visitation between minor and father ”. Sept 15, 1997 - Kathy files motion to deny Dr. Ruff access to information from previous court-ordered psychological professionals. Court later denies request to restrict information to Ruff. Oct 28, 1997 - Hearing cancelled, judge unavailable. Telephonic conference call takes place instead between Bonaventura and the two attorneys. Oct 29, 1997 - Kathy’s attorney, Stephen Cohen requests to withdraw from case. Request granted. Court orders Kathy to return to Indiana with Teri Ann from Missouri. Until now, Kathy has failed to comply with court order from last hearing forcing her and Teri Ann to make an appointment with Dr. Ruff. Court now orders Kathy to make appointment by 11/7/97 (two months after the original order). Bonaventura orders: If Kathy does NOT comply, minor child to be placed in a neutral custody setting (standard empty threats from Bonaventura). Oct 29, 1997 - Dr. Ruff submits letter to Bonaventura. COPY OF THIS LETTER HAS BEEN REQUESTED FROM THE COURT AND WILL BE POSTED PENDING RECEIPT. Dec 9, 1997 - Garry files motion requesting hearing to establish visitation with his child during Christmas. He has had no contact at all with his child since 9/3/95. Bonaventura sets hearing for 1/21/98. Dec 1997 - Garry’s attorney again files request for immediate hearing to establish visitation during Christmas holiday. Hearing set for 12/23/97. Dec 19, 1997 - Dr. Ronald Ruff submits report to Bonaventura, that states, in part: Outwardly, she [Kathy] portrays herself as friendly and appears charming. However, her more typical style of behaving is to be testy, demanding and manipulative. ...For the most part, her action tend to be manipulative and self-serving....She has very little insight into her behavior. Summary of Ruff’s opinions... 1. Garry should reunite with his daughter. 2. I do not place significant credence on the molestation accusations...a quality of contrived and confabulated nature surrounding the reporting of these events and the highly prepared and technical quality to them. 3. Reunification will be extremely difficult due to the dysfunctional, highly symbiotic, codependency which exists between Kathy and Teri Ann. 4. ...a disservice has been done to Teri Ann by her father’s non-involvement and her mother considering Garry as a persona non-grata...Kathy’s non-inclusion of Garry and total desire for her daughter to deny and disown her father’s existence and presence in her life is extremely emotionally unhealthy...This psychopathology relates to Kathy’s dysfunctional nature with respect to wanting to maintain almost total control over her daughter’s life... 5. ...Kathy had fostered a highly co-dependent relationship with her daughter...it would be psychologically preferable, advantageous, indicated, and necessary, in my opinion, for Teri Ann's father to be physically and emotionally present involved in her life. Ruff makes 11 Recommendations as follows: 1) Kathy undergo weekly psychotherapy 2) Teri Ann undergo weekly psychotherapy 3) Garry continue his own approach for personal growth 4) I recommend that the overriding issue to be addressed in Teri Ann’s psychotherapy be related to her need to develop more autonomous behavior and to begin the process of individuating and emotionally separating from her mother to a more healthy level of functioning. I am not suggesting that she abandon her mother or feel that she needs to completely leave the security of her mother. 5) I recommend that the overriding issue in Kathy’s therapy center around her need to be less dependant on her daughter to satisfy her own emotional needs and allow Teri Ann the opportunity to become more autonomous and less dependant on her mother. 6) The goal is to develop a mindset and frame of reference and levels of psychological functioning that would allow Teri Ann and her father the opportunity to begin their relationship once again...the question of visitation with her father and reunification is not really a choice or an option which her mother will make for her but that it is something that is meant to be. 7) I recommend that the therapeutic process begin immediately and reassessed by the Court 60 days from the initiation of the treatment. 8) I recommend that Garry be involved in his daughter’s therapy as a component of the therapeutic process of reunification no later than 30 days from initiation of treatment. (THIS RECOMMENDATION WAS REJECTED BY BONAVENTURA) 9) I recommend that Garry be given supervised visitation twice per week after he and Teri Ann have had four psychotherapeutic interviews. Face to face, non-supervised visitation between Garry and Teri Ann should occur sometime after the fourth supervised vitiation has occurred. The treating therapist should indicate if there is any reason why non-supervised visitation should not occur after the supervised visits have taken place. (THIS RECOMMENDATION WAS REJECTED BY BONAVENTURA) 10) I recommend that serious consideration be given to removing Teri Ann to a neutral residential placement which would allow her the opportunity to further develop her sense of identity, autonomy, and to effect a more positive relationship with her father should the attempt for Kathy and her daughter to separate become too traumatic or resistive.” (THIS RECOMMENDATION WAS REJECTED BY BONAVENTURA) 11) I recommend that the issue of custody be put aside for the moment and be looked at a later period...I recommend that the therapeutic process begin as immediately as possible and with the goal of non-supervised, full visitation rights for Garry Kirk.” (THIS RECOMMENDATION WAS REJECTED BY BONAVENTURA) Note: Judge Bonaventura accepted only recommendations 1 through 7 in her court order dated December 23, 1997. Recommendations 8 through 11, which assured a relationship between Garry and his daughter were rejected by Bonaventura. Dec 24, 1997 - Judge Bonaventura “relieves” Cheryl Moultrie “of any further responsibilities” as guardian ad litem (the attorney appointed to guard the rights of the minor child, Teri Ann). [PEERgroup Note: After reports, Bonaventura removes her from the case only to appoint a new GAL at a later date. Why? Dr. Ruff will also be removed shortly, under the guise that he and Garry do not get along.] |
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| 1996 1998 |
| "All the cards were marked in advance. The trial was a pig-circus, he never had a chance." - Bob Dylan, Hurricane |