Posted on 09/17/2004 10:54:26 AM PDT by practicalmom
Home Page > About Us. Defending Families against Forced no-fault Divorce Plea - Ma' Defending Macfarlane's plea for help. Psychologist forcing quit homeschooling 9/13/04 I'm Bai Macfarlane and we are a homeschooling family in trouble.
My husband abandoned me in the summer of 2003 and subsequently filed for divorce. When he was destroying our marriage, he apparently decided I should quit homeschooling too. We had been avid public supporters of homeschooling for a decade. In divorce cases, the judge routinely orders a psychologist to evaluate the family. My first attorney warned me that the psychologist was going to recommend that I quit homeschooling at some time, and if I don't agree I could have my children forcibly removed from my home. In Ohio, if spouses have lived separate for one year, the divorce is routinely granted for that reason. No one is going to try to show that I'm extremely cruel or grossly neglecting my duty.
Yesterday, Sept. 13, 2004, the court ordered that our children can't live with me anymore because I don't want to quit homeschooling. It is a long story but HSLDA can't help me. They have a policy to not get involved with divorce cases. I spoke to one HSLDA attorney there at length, and he agrees that it is unjust for children to become wards of the state when one party files for divorce, but that is routine in divorce court. Several weeks earlier I had filed a legal brief asking the court to dismiss the whole case and transfer jurisdiction to the Catholic Church Tribunal because we had a prenuptial agreement to follow the laws of the Catholic Church. On Sept. 1st, Focus on the Family broadcasted a story about this legal challenge to no-fault divorce. Even though the lower court is likely to ignore this argument, it has a chance of winning at an appeals level. Those who promise to follow church rules, which only allow for divorce in limited circumstances, should have their agreements enforced.
If you are willing to help me in any way, please phone the news tip hotline at local TV station 216-344-3300, channel 3 WKYC, and advise them that you think the court forcing parenting decisions on an abandoned mother of four, in the Macfarlane case, is unjust AND ignoring a prenuptial agreement to follow Church law is unjust. Ask them to publicize the story. One of their reporters has expressed "interest" in the story, but nothing was promised yet.
Also phone the diocese tribunal office 216-696-6525 ext 1118 and leave a message. They have the authority to investigate these kinds of situations, according to canon law, for the purpose of minimizing scandal and also to convert the troubled soul, and to determine if separation and civil divorce are justified by divine law; but no investigation has occurred. Two friends also suggested phoning the judge's office. On September 13, they wrote; " There was an emergency court hearing this morning due to the fact that Bai refused to listen to the courts and quit homeschooling her sons. The judge took away custody and gave it to Bud. Your help is needed right away - TODAY - to please make a phone call to the bailiff and leave a message for the judge. Also, please pass the word on to any email groups that you feel may want to help! ... Here is a suggestion from Tim: I called the following number, and suggest that everyone do the same to offer their opinion of the Judge's actions. I let them know that I felt her behavior was disgusting, and that I work nationally with Marriage and Family groups, and that I will be publicizing her actions immediately. The bailiff not only said she would give the judge the message, but she seemed quite shook up, and asked which one of the groups I was from, indicating in the way she asked that I was not the first phone call. Please get something on the yahoo group right away. Today is the day. Yes, Bud has custody of the kids now, but he doesn't have them yet! BE LOUD, BE HEARD!!!!! Honorable Cheryl S. Karner, Judge Lucy DeLeon, Bailiff, 216-443-8809" [update, At of 4pm, 9/15/04, Bud took their 3 yr. old son away from his mother, at 6pm 9/17/4 Bud's expected to take the 12 and 6 year old] Some have advised that judges don't like to be told how to do their job, but from what I have learned, the vast majority of no-fault divorces are unjust, and possibly unconstitutional. My attorney says he doesn't know what effect phoning the judge's office would have, but if people do phone the judge's office, they need to be certain that they do not come across as harassing the bailiff. Mailing a letter to Honorable Cheryl S. Karner, Cuyahoga County Courthouse, One W. Lakeside Ave, Cleveland, OH 44113 couldn't be perceived as harassment. Advising a court that one is very interested in a case, that one asked the Church tribunal or the local news to get involved, that one is disturbed about the Sept. 13 custody transfer to Dad because a stay at home mom disagrees with the court psychologist, and that one is interested in seeing a prenuptial agreement to follow Church law upheld, can be done quickly and politely. It is important that anyone calling will not be accused of harassing.
Sincerely
Bai Macfarlane praying to remain a trusting servant.
for more letter ideas see http://www.marysadvocates.org/amandasideas.html#Suggested
for more information about my position see http://www.marysadvocates.org/aboutus.html
to join others who want to save families from forced no-fault divorce, join group http://groups.yahoo.com/group/defendingmarriage/
All I can do is pray for both Macfarlanes and their boys. God help them all.
All I can do is pray for both Macfarlanes and their boys. God help them all.
<< My first attorney warned me that the psychologist was going to recommend that I quit homeschooling at some time, and if I don't agree I could have my children forcibly removed from my home >>
This is what is so troubling; the ordeal could have been prevented. My prayers go to the four boys. Right now I'm praying for willingness to pray for the parents.
Then pray for the boys. They need it more.
I am absolutely sick over this whole thing. My wife keeps muttering, "stupid, stubborn woman!" I don't know. I don't think we can get inside what goes on between a husband and a wife. But both Macfarlanes are clearly dug in.
I agree with your wife :-)
Dug in, indeed.
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