| ~~~~~ Dr. Marguerite Rebesco’s Evaluation - November 1996 From the cover letter of that report... Addressing Kathy’s control of Teri Ann, Rebesco expresses her “...serious concern regarding her [Teri Ann's] ability to remain free of parental perceptions and needs.” Rebesco warned about the “...dangers of Teri Ann's stability that would come from any action to remove her from the jurisdiction of the court...” which is what Kathy immediately tried to do by first attempting to relocated Teri Ann to Missouri and then again trying to move her to Alabama. Rebesco’s Report, Page 13 “There appears to be little support for the allegations that Garry Kirk molested his daughter, Teri Ann.” and Kathy’s long-standing goal of separating Teri Ann Lynn from her father... “... Kathy’s immediate and only response (to alleged molestation) has been to pursue a termination of contact between Teri Ann and Garry. Data indicate that this was Kathy’s practiced response to situations of conflict between herself and Garry.” Regarding the perception of Kathy’s commitment to reunification... “In Kathy’s view, Teri Ann's current feelings toward her father merit no remedy.” Furthermore... “She voices no awareness of the potential impact of these feelings on her daughter’s current and future well-being.” On Garry's relationship with his daughter... “Data indicate that, prior to the September, 1995 incident, Garry did have a meaningful and positive relationship with his child. He spent time with her, provided for her, and generally accommodated to her needs in deference to his own. Collaborative data support that Teri Ann response was positive.” Rebesco’s Report, Page 14 Kathy’s mental health and THE BEST INTERESTS OF Teri Ann.... “The findings of this study raise strong question concerning the emotional health of Kathy Kirk. Serious questions abound concerning her use of her child in validation of her perceptions and in the pursuit of her needs.” (i.e., Kathy puts her interests and needs ahead of those of Teri Ann.) Sighted as what Kathy does NOT do..... “The hallmark of a competent parent is the ability to support his or her child in a relationship with the other parent. Kathy Kirk lacks this ability” Regarding the need of Teri Ann to have a relationship with her father... “Both he [Garry] and Teri Ann have the right to and the need for a relationship.” The danger to Teri Ann of separation from her father.... “...an acceptance of the estrangement from Garry as irreparable would look past the ongoing dangers posed to Teri Ann by Kathy’s current thinking.” More evidence that Kathy is AGAINST reunification... “Kathy has consistently rejected any notions that Teri Ann and Garry might reestablish a healthy relationship...” Rebesco’s report, Page 15 Rebesco suggests that NO reunification will be possible while Katy has custody... “It is acknowledged that efforts to reunite Teri Ann and her father will certainly fail if Teri Ann remains solely in her mother’s care and Kathy maintains her current position.” Recommendation of change of custody upon failed reunification... “If remediation appears unlikely by the more conservative means, a care taking reorganization that would allow Teri Ann the opportunity to develop independent perceptions should be considered.” ~~~~~ Cheryl Moultrie’s (Guardian Ad Litem) Report - December 1996 Page 6 Impression of Kathy... “...extremely manipulative, narcissistic woman with a symbiotic relationship with her daughter and she is a ‘stage mother’. She systematically ‘schools’ Teri Ann on how to behave, what to say, how to make ‘momma’ happy.” Page 7 Impressions from Teri Ann's interview... “This is very pathological, destructive parenting between mother and child which impedes any true individuation of the child. This ‘creation’ of a child as a clone of the mother’s feelings has resulted in a very unchild-like child who can very intelligently mimic the mother’s language, thought, and behavior. Teri Ann's demeanor, posture, behavior and language seemed very ‘perfected’ through rehearsal and performance” Page 8 Teri Ann questioned Cheryl Moultrie if she had “had a crush on him?" [Garry]. Then repeatedly through her tears she asked, ‘do you have a crush on him or what?’” [Comment: These are the concerns not of a daughter who hates her father but of a daughter that is jealous of her father’s love, worrying that someone else has become the recipient of her father’s affection in her absence.] Summary of Impressions... “Kathy Kirk relates to Teri Ann as a manipulative and destructive controller under the guise of absolute devotion to the child. She has ‘programmed’ Teri Ann Cook to reject her father, his name and to internalize adult problems. She has made Teri Ann so dependent on Kathy that she turns to her for her life’s ‘script’. The very language that the child uses is adult language which might be confused with just articulate speech and a smart child, however, Teri Ann ideas are the tainted, prejudicial, and destructive ideas of the mother. It is very questionable in my mind that the molestation ever occurred considering the mother’s pathology, the pathological symbiosis between mother and daughter and the father’s history, re-stabilization of his life, his character and explanation of all events. The child will not engage with any adult the mother does not support and the mother rarely allows Teri Ann out of her sight. The mother’s paranoia and interest in controlling everyone and everything around her militates against her allowing anyone into ‘Teri's’ life where Kathy is not the main part and the ‘director’. Kathy has also taught Teri Ann to flee any situation that does not invite Teri Ann's performance. My greatest concern is that Kathy will sabotage any plan for the child to get professional guidance in reunification with her father.” Recommendations... If no progress is made with reunification within four months “...an alternate setting for Teri Ann shall be determined by this court to promote Teri Ann's health..” and... “If all of these therapeutic interventions in this order are not useful to meet the goals outlined for Kathy, Garry and Teri Ann, then the court shall order a formal custody evaluation for the child.” ~~~~~ Intake Narrative from Southlake Center for Mental Health March 1997 Page 3, “Significant Findings”, by Dr. Judith Themer: Katy 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.” Notes Dated March 12, 1997, by Ms. Ginger Wegner, Social Worker Regarding the court order reunification therapy: “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”. Same date: “Kathy stated that she believes that her daughter was molested where that was substantiated or not.” i.e., Kathy is not interested in the truth, she is interested in separating her daughter from the father. ~~~~~ Letter to Magistrate Christina Miller from Dr. Judith Themer, Southlake Mental Health dated February 18, 1997 “Mrs. Kirk's behavior represents a concerted effort to delay the process of reunification between her daughter and Mr. Kirk. I am especially concerned that Ms. Kirk exposes their daughter to these behaviors.” and “Ms. Kirk's attempts to sabotage the reunification process is already quite apparent...” and “Mr. Kirk has been fully cooperating with the scheduling and attendance of his appointments.” ~~~~~ Guardian Ad Litem’s Report Addendum Number One - March 1997 (Submitted to the court to bring attention to the sabotage of reunification efforts by Katy) Page 2 and continued on page 3 Regarding the invalidity of molestation accusations and pathology of the relationship between Teri Ann and Kathy... “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 the child...a custody evaluation should be ordered to determine Kathy Kirk's fitness” Page 3 "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.” ~~~~~ Guardian Ad Litem’s Report Addendum Number Two - July 1997 Page 7 Concerning the emotional distancing of father and daughter... “Every indication suggests that the mother has continuously and persuasively supported and orchestrated this distancing.” More evidence against any suggestion that Kathy is committed to reunification... “The mother has systematically refused to cooperate with a therapeutic reuniting of child with father.” Manipulation and sabotage... “The mother chose to marry an inopportune time. She married Dr. Faulkner 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.” ~~~~~ Dr. Ronald Ruff Initial Report (approx. 12/19/97) Concerning Kathy.... "Outwardly, she 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 father to be physically and emotionally present involved in her life." ~~~~~ Dr. Ronald Ruff Report after Evaluations (from approximately April 3, 1998) Second session of reunification between Garry and Teri Ann... "It is significant, in my opinion, to note that Teri Ann appeared very relaxed, both by her body language and her more comfortable ease of communicating with her father during this interview. I was a marked contrast between the initial visit and today’s session... It was generally a very relaxed and, in my opinion, productive session.... After that session I called Kathy into my office to briefly reassure her that I felt it was a [productive] session. Kathy, again, became very angry saying, “How could it be a good session my daughter is so scared, crying, and is talking about how her father is molested her?”...both Teri Ann and her mother were being very dramatic and overreacting." Third and Fourth sessions... "Teri Ann seemed to be predisposed to the next two and final session with an attitude of not wanting to get close to her father or to engage in any type of positive, therapeutic communication. She appeared oppositional, terse, and during most of the time, would not even look at her father. [Note: This abrupt change in demeanor of Teri Ann was due to Kathy’s sabotage and the progress towards reunification of the session as recalled in Ruff’s description of Katy’s reaction after learning of the ‘success’ of the second session above.] About reunification... "The current therapeutic efforts at reunification appear to be at an impasse..." "Parental Alienation has occurred...Teri Ann has such a well ingrained sense of alienation towards her father, most likely by her mother, that she views her father as evil and, as a result, will not even consider now, at this point and time, the possibility of having a relationship with him." Recommendations... 1. Reunification therapy continue 2. Kathy continue her individual therapy sessions [Note: ‘Continue’ is a misnomer. Kathy never cooperated with Ruff for individual session as ordered. She disregarded Ruff’s letter to her, and to the court, asking her to contact him to set-up individual therapy appointments.] 3. Garry Kirk undergo therapy for anger management 4. Teri Ann continue individual therapy and collateral interviews between Kathy and Teri Ann 5. After further interviews, a neutral individual be selected to accompany Teri Ann and her father on supervised visitation. ~~~~~ Report from Dr. Douglas Caruana July 31, 1998 Page 2: “[Teri Ann] at times exhibited mild contempt for this examiner’s questions. Her voice was very stilted, with a rehearsed presentation when describing issues involving molestation.” Page 2: Teri Ann is: “...somewhat emotionally stilted youngster, whose pattern of speech is rehearsed...” Page 2: “...Kathy was 1/2 hour late for two of her appointments, and had to cancel one appointment...” Page 3: “In these sessions, Kathy demonstrated a full range of affect, often with extremely rapid shifts.” (Note: Emotional instability?) Page 3: “...an individual with very firm views, rapidly shifting emotions, and serious gaps in her understanding and healthy ability in the area of parenting skills.” Page 4: “...it does appear that Teri Ann is either rehearsing or being coached ...” Page 5: “Data generated in this evaluation is strikingly similar to the previous professional reports. The accusations against Garry are stilted, rehearsed, and very atypical in nature.” Page 5: “The highly symbiotic and dependent relationship between Teri Ann and Kathy. . . was noted by previous professional as well as this examiner.” (Note: True. And after four years still nothing has been done by the court.) ~~~~~ Report from Dr. Douglas Caruana November 24, 1998 Page 2: “If Kathy continues to present an overbearing influence due to her demands, it is likely that the court will need to intervene at a much more drastic level.” ~~~~~ Dr. Douglas Caruana Letter to Judge Bonaventura - February 19, 1999 “I am advised by 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.” ~~~~~ Carole Dougherty, ACSW / LCSW - Progress Report of Therapeutic Efforts Between Terry Cook and His Daughter Teri Ann Cook - March 25, 1999 Page 1: “I left several messages for Ms. Kirk to make an appointment with me ...I have never had a direct response form M. Cook.” 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.” “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.” ~~~~~~ Carole Dougherty, ACSW/LCSW, Progress Report of Therapeutic Efforts Between Garry Kirk and His Daughter Teri Ann Kirk, June 21, 1999 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: “Any attempts to further sabotage the reunification process by Kathy 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.” ~~~~~ Dr. Douglas Caruana Letter to Judge Bonaventura, June 30,1999 “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.” ~~~~~ Carol Dougherty, ACSW/LCSW - Letter to Judge Bonaventura, August 10, 1999 “I do not believe that Ann or her mother understand the seriousness of this process and strongly suggest that if efforts are not dramatically made this week at this week’s session on Wednesday, August 11, and Saturday, August 14 at Family House that the Court find Kathy Kirk in contempt of the Court’s order of March 25, 1999.” ~~~~~ Dr. Douglas Caruana - Letter to Judge Bonaventura August 2, 1999 “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.” ~~~~~ Carole Dougherty, ACSW / LCSW Progress Report of Therapeutic Efforts Between Garry Kirk and His Daughter Teri Ann Kirk - August 27, 1999 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.” [Note Ms. Dougherty did NOT retire. She merely used this as an excuse to be relieved from the case. Within one month from being excused Ms. Dougherty was back in practice and is STILL in practice today] 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 Kathy 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 Kirk and her father deserve a chance to expect a different result." ~~~~~ Vicky Oliver, M.A., LSCW Progress Report - October 29, 1999 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 Kathy, 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.” ~~~~~ Custody Recommendation from Dr. Phillip Helding DO/MBA Diplomat, Child and Adolescent Psychiatry, American Academy of Child and Adolescent Psychiatry, Executive Medical Director Behavior Health Services of Saint Margaret Mercy Healthcare Centers Cover Letter: "Dear Judge Bonaventura, In response to your written communication of February 23, 2000 which requested that I render an opinion regarding 'which parent is more appropriate to maintain sole custody of the minor child, Teri Ann Kirk', and 'a visitation schedule for the non-custodial parent,' I respectfully submit the following summary report." Page 2: "Ms. Kirk has been involved in a pattern of behaviors that have successfully interfered with the establishment of a relationship between Teri Ann and her father... it is thus highly unlikely that she would ever be able to tolerate such a development, let alone facilitate this occurring." Page 3: "The past is the best predictor of the future. Without some shift in approach, status quo is likely to preside." Page 3: "The child has been harmed and will continue to be harmed by the mother's or father's vilification of the other parent . Ann needs to be allowed to come to her own conclusion s as to who her parents are as people and as parents". [Note: There has never been ANY report to the court, and Helding does not make one here, suggesting that Garry Kirk has ever 'vilified' Kathy Kirk to their daughter. In the interests of political correctness, Helding seems to be engaging in some 'blame shifting' here.] Page 4: "There is little, if any, evidence that the father was sexually abusive of his daughter in the manner that has been alleged. There is no reason to be concerned of the risk of this occurring in the future. There is a risk of the mother and/or the child raising the accusation again in the future [emphasis added]." Recommendation of Dr. Helding: Page 4: "I would recommend that Mr. Kirk be awarded sole [i.e., legal] custody." Page 5: "If Ms. Kirk does not cooperate with the visitation schedule, I would suggest that the child reside with the father, even if this should mean relocating [out of state]. [click here to see Bonaventura's ruling which was to be based on this report] |
| Summary of Evaluations, Reports and Letters from Court-Appointed Psychological Professionals Submitted to the Court |
| --PEERgroup --Parental Equality Enforcement Resource Group |
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| Home Timeline of Kirk v. Kirk: Read how Miller and Bonaventura Ignore Due Process (select year) 1995 1996 1997 1998 1999 2000 2001 Over 5 Years of Evaluations and Recommendations Ignored: Read the Evidence Disregarded by Miller and Bonaventura Newspaper Articles Document Bonaventura's Views: Gender Bias Parental Alienation Syndrome: Reported by Evaluators, Ignored by the Judge Evidence of Parental Alienation in this Case Florida Bar Journal: Parental Alienation Syndrome Bonaventura's Final Malicious Ruling The Effects of Fatherlessness: The Seed Sown by Miller and Bonaventura Newspaper Article by Author Dean Tong The Dollar Cost of Judicial Misconduct: The Financial Penalty for Trying to be a Father Malicious Mothers, You Have a Friend in Christina and Mary Beth Help us Block Bonaventura's bid for Retention and Remove Miller from the Bench: Send Your Story and We'll Post it Here for FREE! Email Us |
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| "All the cards were marked in advance. The trial was a pig-circus, he never had a chance." - Bob Dylan, Hurricane |