| --PEERgroup --Parental Equality Enforcement Resource |
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| 1999 |
| Jan 21, 1999 - Garry’s attorney files Petition for Ruling from the Court to show cause why Kathy should not be found in contempt of court for repeatedly violating court orders and sabotaging the reunification process. The Petition also requests a change of custody of Teri Ann from Kathy to Garry. As usual, this hearing requested by Garry is set TWO MONTHS into the future on March 18, 1999 by Bonaventura. Feb 25, 1999 - Dr. Caruana writes letter to the Bonaventura stating that Kathy has not complied with the court-order requiring her and Teri Ann to contact Carole Dougherty to set-up reunification therapy. His letter states: “I am advised that Ms. Carole Dougherty, a therapist recommended to conduct reunification sessions, has had cooperation from Garry, but none from Kathy... As you recall I testified that cooperation by all parties was essential in moving this case in a healthy direction...I believe that continued obstruction of the healing process by any of the parties involved is detrimental to the well being of the minor child in this case, and must be dealt with directly.” Mar 18, 1999 - Citation Hearing: Addressing Kathy Kirk’s refusal to follow court orders pursuant to reunification therapy. Bonaventura finds Kathy guilty of contempt and sentences her to 30 days in jail but THEN IMMEDIATELY tells her she can “purge herself” of an punishment “by following all of the court’s orders.“ So, after 3 1/2 years of violating court orders and sabotaging court-ordered reunification between father and daughter, Kathy gets away with what doesn’t even amount to a slap on the wrist. The court also tries to intimidate Kathy by issuing a bluff-ruling. The court order states that "Any violation of this court order will result in immediate detention of mother at the Lake County Jail and removal of the child from the home of her mother." As you will read, Kathy will continued to sabotage reunification and repeatedly violate many provisions of this order. She will suffer no consequences from this, much less lose custody or go to jail. Carole Dougherty submits first report to judge Bonaventura, which states the following: Page 1: “I left several messages for Ms. Kirk to make an appointment with me ...I have never had a direct response from Ms. Kirk.” Page 2: “Mr. Kirk is a 43-year-old, divorced man who presented to all our sessions promptly. He has been well groomed and articulate...He spoke of his eagerness to be reunited with his daughter and his frustration that it has taken so long despite court orders and professional evaluations stating the he should be involved in reunification with his daughter since 1996.” Page 3: “When it became clear to me that Kathy Kirk would not allow Teri Ann to take part in the court ordered therapeutic visitations with her father, Mr. Kirk, I terminated further sessions.” Page 9: “I respectfully submit to this court that too many years have passed without this child getting the limits and boundaries set to protect her. Her mother has once again dismissed potential help for her daughter...” “I believe the time has come to place Teri Ann in a residential environment away from her mother’s full-time influence. Teri Ann is a victim of a severe case of parental alienation syndrome.” [PEERgroup note: Several qualified people testified before Bonaventura that they would be willing to provide interim care for Teri Ann to facilitate reunification.] “a custody evaluation should also be made at this time.” “This is, indeed, a drastic level of intervention, however, this situation has become in need of drastic solutions or history will repeat itself.” Also, the Court orders (from hearing on 3/18/99) the following: Kathy must allow Teri Ann to meet with Carole Dougherty (remember it has now been six months since this was first ordered and Kathy has not complied, yet there is no meaningful action taken by Bonaventura). Court orders Kathy not to talk “in a negative manner” about the father (a ridiculous order that Dr. Richard Gardner, the prominent expert in Parental Alienation Syndrome points out is often used by particularly naive and/or gender-bias judges) . Court appoints a new attorney, Karen Coulis, as guardian ad litem (Moultrie was removed 12/24/97. Could this be because her conclusions and recommendations didn’t allow Bonaventura to rule the way she wanted to?) Mar 31, 1999 - Nick Perko, Kathy’s current attorney submits motion for the judge to reconsider her March 25th ruling. Kathy wants reunification therapy to end. Denied by Bonaventura. April 8, 1999 - Kathy files motion to have Dougherty disqualified from the case and for reunification to end. Motion is denied by Bonaventura. April 29, 1999 - Kathy objects to Karen Coulis as guardian ad litem. Bonaventura removes Coulis as GAL and appoints attorney Lynn Hammond as new GAL. Bonaventura denies father’s request to implement Carole Dougherty’s recommendation that Teri Ann be removed to a neutral setting due to Kathy’s ongoing sabotage of reunification efforts, to facilitate reunification. May 3, 1999 - Nick Perko files motion to withdraw as Kathy’s attorney. Granted by the court. May 7, 1999 - Kathy files motion to deny Perko’s withdrawal as her attorney. Hearing set for this matter on 6/10/99. May 13, 1999 - Kathy files pro se (without representation by an attorney) to have Lynn Hammond disqualified as guardian ad litem. May 17, 1999 - Garry files motion for relief regarding Kathy‘s sabotaging of reunification, refusal to bring Teri Ann to therapy and maintaining false charges of sexual molestation by the father. Hearing set for 6/10/99 May 28, 1999 - Eric Oden Clark files appearance as Kathy’s new attorney. Clark asks court to continue next hearing set for 6/10/99. Bonaventura accommodates and re-sets hearing for 6/30/99 from 6/10/99. June 3, 1999 - Garry files objection to Bonaventura’s continuance of 6/10/99 hearing. June 11, 1999 - Kathy’s attorney files objection to having Lynn Hammond as guardian ad litem. Claims conflict of interest. June 22, 1999 - Carole Dougherty, ACSW, submits a new report to Bonaventura, stating: Page 2: “Teri Ann refuses to use her given name and will only respond to 'Ann'. She was quite irritated when she was addressed by me or her father as Teri Ann." Page 8: “In my opinion parental alienation has occurred in this case.” Page 9: “In spite of the fact that Kathy told me she has “always been for reunification” she has done nothing to reinforce with Ann all of these years that a relationship with her father is important for Ann's sake.” Page 10: Dougherty urges the judge to take a firm stand and regard Any attempts to further sabotage the reunification process by Katy will be viewed as a direct and willful violation of the court order and will result, as the court has already ordered on March 25, 1999, in the immediate detention of the mother at the Lake County Jail and removal of the child from the home of the mother.” June 30, 1999 - HEARING: Dr. Caruana, Psychologist charged with supervising reunification with family through Carole Dougherty, presents a letter Court which states, in part: “Presently, I feel that many good professionals and effort have been thwarted or impeded in establishing a healthy reunification. I support the recommendations set forth by Ms. Dougherty in her 6/21 report. Given the history of this case and data available to me, I expect that Kathy’s efforts to sabotage reunification will exceed her cooperation, continuing a destructive influence on Ann's psychological well being and development.” Bonaventura removes Lynn Hammond as GAL as Kathy had requested, leaving Teri Ann once again without legal representation to consider her best interests. Kathy also files motion to have Carole Dougherty removed from the case. Denied by Court. Court sets this matter for hearing on 9/1/99. At the end of this hearing, Bonaventura, angry at Kathy’s attorney for still trying to advance phony sexual molestation accusation, angrily refers to Kathy as a “master manipulator“ and further states that “this man [referring to Garry] deserves to have his name cleared” [from false accusation of child molestation]. More lip service. Bonaventura will take no meaningful action to back up her courtroom comments. July 7, 1999 - Court Order from hearing of 6/30/99: Court denies father relief from Kathy’s contempt. Court orders twice weekly therapy between father and daughter with Carole Dougherty [PEERgroup Note: Appointments are scheduled for Monday and Wednesday evenings and last for one hour. Garry is committed to seeing his daughter and drives 5 hours round trip twice weekly for these one-hour meetings]. In addition, Saturday visitation is scheduled at Family House, a half-way house for meetings between children and their estranged non-custodial parent (typically, of course, the father). These last two hours each Saturday. Driving time for Garry is 6 hours for the Saturday visitation. Dougherty granted freedom to increase duration and format of visitation. Kathy ordered to sign release of information from Dr. Ugent whom she had been taking Teri Ann to outside of the direction of the court. Aug 3, 1999 - Dr. Caruana submits letter to the court pleading that something be done about the delay caused by Kathy Cook, stating: “I continue to believe that progress in this case will be impeded without comprehensive clinical coordination, and do not see any justifiable reason for the delay. I, thereby, believe that an intervention by the court will be necessary to complete this step in the process in reunification.” Aug 24, 1999 - Carole Dougherty submits final report dated 8/24/99 to the Court: From the cover letter addressed to Judge Bonaventura of this report... "This is to inform you that I am retiring from practice. I would highly recommend Thomas A. Nimtz, MSW/LCSW or Vicky Oliver.” [PEERgroup Note: Ms. Dougherty did NOT retire. She was backat her office only weeks after this hearing. Could this have been an excuse to exit this case?] Page 1: “On August 11, 1999 with Kathy, Ann and Garry present I told them I had tried to arrange a Wednesday evening meeting for Ann and her dad at Family House so they could meet while I was out of town but Family House could not accommodate that request and they would have no session at all on Wednesday that week. Kathy said in a delighted tone “Oh, that’s great! Ann will like that.” Ann them followed her mother’s example by smiling and saying, “That’s good!”. Garry was clearly hurt by this...This occurred one day after I had a fifty-five minute session with Kathy and Ann to explain that Ann's uncooperative behavior was unacceptable. This was also one day after I sent a letter to your honor voicing my concerns in this regard.” Page 2: “Any attempt at further sabotage of the reunification process by Katy will be viewed as a direct and willful violation of the court order ands will result, as the court has already on March 25, 1999, in the “immediate detention of the mother at the Lake County Jail and removal of the child from the home of the mother.” Page 4: “It will be impossible for and therapy to work with Ann and Garry towards reunification without Kathy being in therapy to deal with her alienation of Ann from her father...” “... all of the above are examples of willful violation of the Court’s previous order regarding release of information.” Page 5: “...Kathy has continued to attempt sabotage of my sessions with Ann.” Page 7: “In my June 21st report to the court I wrote: “I do not want to remove Ann from her mother unless there is absolutely no other recourse. I would like to give this one more chance to work”. I, like many other professionals before me, have been reluctant to take a child away from her mother and have given Kathy Kirk one more chance over and over again and each time the result is the same. This reminds me of the story of one person trying to explain to another person what a crazy situation is... “it’s when you do the same thing over and over again and expect a different result.” In our efforts to be cautious and hopeful that Kathy Kirk will understand the need for reunification of Ann with her father, Kathy has proved [sic] once again that she will not change. My hope, your honor, is that you consider that if Kathy is given one more chance we will be doing the same thing over and over again. Ann Cook and her father deserve a chance to expect a different result." Aug 26, 1999 - Garry files affidavit for citation of contempt against Kathy for continued sabotage of reunification efforts. Hearing set for September 1, 1999. Sept 1, 1999 - HEARING: Clark is fired by Katy as her attorney and Rudy Kutansky makes appearance as his replacement. Kutansky moves to continue this hearing. Granted by Bonaventura. Court allows father and father’s sister to take Teri Ann to dinner that night. Thisis the FIRST time in four years that the judge has allowed Garry to see his daughter outside of a therapuetic setting. It is also the first time Garry's sister, Lori, has been allowed to see Teri Ann since 1995. Hearing re-set for 9/10/99. Sept 10, 1999 - HEARING: Dr. Caruana submits letter to the Court dated 9/9/99: [letter to be posted subject to receipt from court]. Vicky Oliver, social worker, appointed as new reunification therapist. and Kathy and Garry ordered to make appointments. Further hearing continued until 10/6/99 Sept 22, 1999 - Garry’s attorney files motion for immediate visitation. without further hearings. Motion denied by Bonaventura Oct 6, 1999 - CITATION HEARING: Court orders visitation for father with his sister Lori (Teri Ann’s aunt) to supervise. Sept - Oct, 1999 - Three therapy sessions take place with newly appointed reunification therapist, Vicky Oliver. Understandably, the events of the third session will cause her to withdraw from the case. After concludng the session, Kathy, her mother and Teri Ann knocked on the door, interupting Ms. Oliver, who had already begun a session with another client. According to Ms. Oliver's report and testimony to judge Bonaventura, "After about 10 minutes the police arrived and stated they had been called because of a battery taking place. They shared that they had also been there about 45 minutes ago because Kathy had called them stating she was concerned that her daughter was being abused in the session. They had choosen not to intervene at that point. She called the police again and they stated Kathy and a witness had stated that Garry had shoved Kathy. The client's mother that I had waiting for me in the waiting area told me Garry never left the waiting area except for a few seconds when he looked out the door and sat back down. I feel this entire scene was fabricated by Kathy because she knows we would be talking about the stories being made up [by Teri Ann] about the visits." [PEERgroup note: Kathy later tells Garry that she will get Teri Ann to testify that she saw Garry push Kathy.] As might be expected, Kathy suffered no consequence from Bonaventura for these false accusations either, just as the false accusations of sexual molestation against Terry carried no consequence. Nov 2, 1999 - Vickie Oliver submits first (and only) report to court. She will also testify in person to these finding before Judge Bonaventura: Page 1: "Teri Ann presents herself in a very defensive manner. It is unclear to me if the child is suffering from delusions or if she is consciously distorting the truth." Page 2: “I feel I underestimated the dangerousness and pathology of Kathy. I feel she is extremely destructive. She will go to any lengths to sabotage reunification efforts between Ann and her father. I feel that as long as the child remains in the home with Katy, reunification between Ann and her father is an impossible task." ..."My recommendation is that a complete custody evaluation be done ..." ...“At this time I am requesting a restraining order against Kathy Kirk and withdrawing from the case. I can not submit myself to false allegations of abuse and place my license and reputation on the line. I feel Kathy will continue to fabricate false allegations against anyone who is attempting to aide in the reunification process. I also feel that the longer this is drawn out, without a ruling by the court, will only allow Kathy to escalate further and use more and more destructive means to try and sabotage the process. I also feel Ann's mental stability is at risk.” Nov 8, 1999 - Judge Bonaventura appoints Dr. Phillip Helding to conduct a NEW evaluation and custody recommendation. Parties ordered to schedule appointments with Helding by 11/12/99. Court orders second in-camera interview between Teri Ann and Judge Bonaventura at request of Kathy and her attorney. Nov 10, 1999 - Judge Bonaventura holds second private in-camera interview with Teri Ann. Bonaventura invites Teri Ann to write to her and tell anything she would like to tell her at anytime. Bonaventura will later base her rulings almost solely on the programmed reponses of this manipulated child. Nov 11, 1999 - Kutansky submits letter from Ugent in an attempt to terminate reunification. Nov 26, 1999 - Dr. Helding writes letter to Bonaventura stating the Kathy has failed to comply with the court’s order to schedule and appointment Dec 6, 1999 - Kathy has Teri Ann send letter directly to Judge Bonaventura along with a photo of herself. [PEERgroup note: Immediately after Kutansky becomes Kathy’s attorney, Bonaventura begins receiving a barrage of emotional letters, photos and tape recordings intended to influence the judge. This one-sided, secret communication with the judge is referred to as ex-parte communication and is in violation of Family Court Rules. Bonaventura not only kept her receipt of this information a secret, she actually solicited it from Teri Ann at the second in-camera interview. In that interview she asks Teri Ann to write to her. Garry became aware of this only after Katy dislcosed this to him while she was in a fit of anger. She told him that Teri Ann was sending the judge information about him.] Dec 7,1999 - CITATION HEARING: (Due to Kathy’s non-compliance with the court order to make an appointment with Dr. Helding by 11/12/99.) During this hearing Bonaventura states she has a "crazy idea". After over four years of litigation and numerous reports of sabotage by Kathy in the reunification process, the judge suggests that arbitrarion might be the answer. She suggests that Garry and Kathy get together and reach some sort of agreement with the help of an arbitrator. Garry can't believe that after the mountain of evidence documenting Kathy's chronic sabotage which has been presented over the past 4 years that the judge could even suggest arbitration, especially at this late date. Kathy has shown that she is incapable of abiding by court orders, let alone come in good faith to negotiate a fair settlement outside of a court of law. Clearly after all these years of evaluations highlighting Kathy's destructive behavior , the judge simply doesn't want to make a decision. Garry is disgusted at the behavior of Bonaventura and voices his displeasure. He is told to leave the courtroom by Bonaventura. The hearing continues and Bonaventura gives Kathy until 1/15/00 to make an appointment with Helding. Also, the judge once again issues an empty threat to Kathy that “failure to comply with this court order will result in child’s removal from her home." Kathy has learned long ago that these threats mean nothing. |
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