Mother Abducts Children; Is Punished! Father Gets Custody!
November 13th, 2009 by Robert Franklin, Esq.It's good to read a story like this one that actually makes sense (Courier News, 11/10/09). It's not fraught with silly claims or absurd reasoning. No misinformation, no disinformation.
Back in April of 2000, a Kane County, Illinois judge issued an order in the custody case of two children of Crystel Strelioff and her ex-husband Brian Strelioff. From reading the article, it looks like the order gave her custody, him visitation and included a clause prohibiting her from moving out of the jurisdiction without prior court approval.
Crystel did exactly that, though, in 2004, when she moved to California with the children. In February of this year, a Kane County jury convicted her of four counts of child abduction and last Friday she was sentenced to three years in prison less 185 days for time served. She was also required to pay her ex-husband $73,340 in restitution. A family court judge has placed the only child who is still a minor in the custody of Brian Strelioff. A court psychologist described Crystel's abduction as "a form of parental alienation" aimed at Brian.
How sensible. A mother abducted two children and was actually punished by a criminal court. A family court called the behavior what it was, "parental alienation," and placed the child in the father's custody. No one claimed phantom child abuse by the father. No one manufactured any statistics about men relentlessly menacing children. No expert witnesses explained how every act of maternal kidnapping is in some way justified. No one claimed, against mountains of contrary evidence, that parental alienation is a scam cooked up by evil advocates for fathers' rights.
Think of it: a crime, due process, reasonable punishment and paternal custody.
It shouldn't amaze me, but it does.
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November 13th, 2009 at 8:34 pm
What planet did I just land on?
November 13th, 2009 at 8:43 pm
Thats very good news Robert we will see this more often I believe society is slowly repairing some injustices that was overlooked and each day whether it is in the media or on TV I notice
a more positive attitude towards fathers and men in general pretty soon it will not be acceptable to banish fathers from their children or ignore mens rights in court.
These changes are happening because of all the efforts made by a very small but tenacious group of men like you Robert Thank you
November 13th, 2009 at 8:43 pm
Wow!!! I had to rub my eyes and look again and again to make sure I wasn't making a mistake in what I was reading. It's actually true! Justice for a father!!!
It is high time that the courts not only recognize but actually hold those mothers responsible who recklessly remove children from the reach of their non custodial parents, usually the father. While it is sad that any parent be jailed as the children always suffer and pay the price. Hopefully this kind of sentencing will send a VERY LOUD message to those custodial mothers who think they can do what ever they want and get away with it!
He even gets restitution! This whole story is shocking in a good way. It seems THIS judge did the right thing, but we can not forget about the tens of thousands of other fathers who have their children torn from them unjustly! We must keep up the fight!
Attila
November 13th, 2009 at 10:14 pm
Mother Abducts Children; Is Punished! Father Gets Custody!
When I read the title I thought it was fake... I thought Robert was trying to be funny...
November 13th, 2009 at 10:19 pm
btw don't bother watching the movie 2012 it isn't that good, its pretty corny at times and yes typical misandry... exhusband is they typical "inadequate" and he is in his subservient visit status to his ex wife who has the children and is dating a "doctor." The son likes the moms new boyfriend better than the biological dad so they through that in there Message = sometimes the replacement is better... So much misandry everywhere in life now..
November 13th, 2009 at 10:19 pm
Holy cow! A judge actually enforcing the law! Who would have guessed?
Is there some way we can canonize this judge?
November 13th, 2009 at 10:32 pm
I would have loved to see the look on her face when the judge issued his sentence. Surprise mixed with anger.
November 13th, 2009 at 10:42 pm
I checked my watch to ensure it wasn't April 1st.
November 14th, 2009 at 12:03 am
This series was written by Susan Pigg, early October, 2009 – living reporter, from Parent Central the Toronto Star.
Divorced dads can't catch a break
The good divorce: Equally shared parenting
Kids hit hard in nasty divorces
Grandparents go to court for access to grandchildren
Where separation occurs without anxiety
_____________________________________________________________
Then there was your article,
Overlooking Parental Alienation Harms Children of Divorce
____________________________________________________________
Then a PA workshop
What You Need to Know About Parental Alienation and Parental Alienation Syndrome
Conference Workshop at the University of Toronto
______________________________________________________________
Then W5 CTV
POISONED MINDS:
W5 investigates: Children on the frontlines of divorce
_______________________________________________________________
Will wonders never cease!
The non-custodial parents’ voice is beginning to be heard and it is largely due to loving caring parents that refuse to give up the fight for their Right to have a loving relationship with their children!
I say Bravo to the judge and may many more step up to the plate…For the Sake of all Innocent Children and Non-Custodial Parents.
Keep up the great work Robert and thanks for all that you do!
November 14th, 2009 at 2:38 am
April 1st is it ?
November 14th, 2009 at 6:59 am
Thank God the courts are starting to come around. First there was Michael Shannon who was awarded $3 million in damages from his ex-wife and her mother for abducting his kids and taking them to Egypt now this one. Unfortunately there are still thousands of cases out there.
Someday I hope we see a civil suit for violating a father’s constitutional rights. I read a great article on just that; it falls under the “liberty” protested by the 5th Amendment.
http://www.fact.on.ca/Info/pas/feinbe94.htm
Now compare that to the Holly Collins case. I don’t know if Collins ever returned to the US but I remember her daughter Jennifer having a tantrum because, if I remember correctly, Collins was ordered to 12 months in jail for kidnapping. I’m sure we would have heard the FFLM crying loud and clear of the injustice of that.
Question for DivorcedDadsNetherlands, according to a newspaper in Minnesota, Collins had at least 3 children in the Netherlands and their father is no longer in the picture. By some huge chance is that you?
Oh well, savor the sweet smell of success.
November 14th, 2009 at 9:00 am
This is great news fof the father ! The justice system actually did it's job ! The sad part about it all is that everyone is so surprised because it rarely happens. Always put your children first.
November 14th, 2009 at 10:45 am
April isn't for a few more months, Robert....
November 14th, 2009 at 10:56 am
I don't think that article says quite what you think it says. I read it to mean that he had custody back in 2000. A little more investigation (search on her name) seems to confirm this. It is, indeed, the only reasonable explanation for the result, since the law only cares about custodial parents. Abduction from a non-custodial parent is oxymoronic to everyone but the non-custodial parent. This translates to fathers losing out because custody, and a license to do what they like with the kids, is normally given to mothers by judicial reflex. The unusual aspect of this case is really that he had custody in the first place. In fact, I could argue that this case reflects the deeper miscarriage of justice that shared custody is not more common. As such, this is really just business as usual and no great good news at all.
November 14th, 2009 at 11:10 am
listening today, by chance, to a Nazi-war criminal hunter on a podcast, got me to thinking. I am a criminal investigator (20 years law enforcement), and I would LOVE to start an actual "foundation", a 'crack unit' of attorneys and investigators, like the Innocence Project, to seek out and help prosecute mothers who make false charges, mothers who abduct their children, mothers who fail to pay child support, etc.
A non-profit team of highly skilled professionals, backed by the fathers' rights movements, that, like the ACLU or ACLJ, sifted through cases, accepting the best ones and who vigorously pursued justice for fathers.
Just thought I'd share that. Maybe when I retire in ten years.
November 14th, 2009 at 12:11 pm
Well, Scott, at least in the states there is SOME legal ground to work with: slander, libel, and perjury. That's also before the specifics of the trials, and any weakness to the other side.
November 14th, 2009 at 2:06 pm
Punished?
Let's take a look at the deeper details, shall we?
She was sentenced to 12-years. On the surface that looks like a nice stiff, punishment for a parental kidnapping. However, on the 4-counts of felony child abduction which netted her 3-years each, they run concurrently. She was given credit for time-served and, with good behavior, will be out of prison in less than a year. For a repeat performance.
Also, back in 2007, despite being consider a "significant risk to the children" - her parents were awarded custody of another child in an equally alarming case.
I wrote about this just the other day. It would seem that there is a lot more to the story than meets the eye, including child protective organizations allegedly being in cahoots with (or allegedly "duped" by) Crystel Strelioff and the ongoing, systematic alienation of the children from Brian, you know, "in the best interests of the children."
http://www.mrcustodycoach.com/blog/crystel-strelioff-parental-kidnapping-sentencing
November 14th, 2009 at 2:19 pm
Scott McScottson - That's an excellent idea. Start a non-profit, raise some money and find attorney's willing to work at reduced rates or pro bono. Once you get a few cases (and there are plenty), the proceeds from them can help fund the non profit.
My guess is that an organization much like the one you describe will be a part of the future of the MRA/FRA movement. As we grow, establishing legal protections through litigation will be as important as changing the law via lobbying state legislatures.
Good thinking.
November 14th, 2009 at 3:04 pm
I know the dad in this case. The mom did lose custody in 2000 because of persistant alienation and interference with access. She took the kids in 2004, and they were found in late 2005 in California. California ordered the kids to be sent back to Illinois, and they supposedly ran away. It didn't take much effort to realize they'd been kidnapped again.
The comment to the article is a lie - mom didn't have permission to go to California.
November 14th, 2009 at 5:15 pm
ScottMcScotson. I also strongly agree with your idea and would support such an organization. There are lawyers, and PI's, and retired cops who know there is a problem here in Ontario, Canada. Many of them are doing what they can. The challenge is to get these single bodies organized and working as unified team, much like a business.
If there is a strong knowledgeable organization, it will succeed and as Robert suggested, Pro Bono would help those who have no money. Successful cases would provide the funding to grow the operation. There are SO MANY women that get away with robbing men and children of their freedom and money it is pitiful! There was one case where a woman that was a tenant managed to go into court and lie that she was intimately involved with the landlord and he lost his $500,000.00 building to her in Family Court??? He was destroyed and he was not even dating her!!!
In Canada we are working on putting together such a team. We have lawyers who are interested to participate as well as retired cops who could head the investigative arm. We just need to bring it together under one umbrella and put out the word to take on cases in civil court.
Canada Court Watch, an organization I strongly support, is already taken rather seriously by CAS, Police, Attorney Generals across Canada, Judges, Lawyers and others. We are making an excellent impact to expose injustices within our judicial system. You can log on at www.CanadaCourtWatch.com to see what it is that we do.
ScottMcScotson please contact me at alvhun@aol.com or AttilaVinczer@CanadaCourtWatch.com as I would like to work with you to perhaps help each other map out a strategic plan in this endeavour. I believe we can complement each other's skills/knowledge and develop a very successful body to start turning the tide of justice in the right direction in Canada and the United States.
I agree with Robert that this will be the next wave of the MRA/FRA movement which will be an integral part of our movement.
Attila
November 14th, 2009 at 8:40 pm
The Judge had PMS so it does not count.
November 16th, 2009 at 9:50 am
That was a rogue judge that NOW will have replaced. There was such a judge in Orange County that got the reputation for siding with men some 50% of the time. That judge disappeared. The lawyers give knowing looks regarding the disappearance.
November 16th, 2009 at 10:40 am
Judges MUST be impartial in order to get a fair trial, hearing etc. Judges should be deciding matters based on FACT and not GENDER or a combination thereof! Without impartiality you end up with a Kangaroo court (a judicial sham).
Gender should NEVER be a deciding factor in any way, yet it routinely IS! That is very wrong and unjust! usually for men! It is patently clear that there is secretly a different set of rules/considerations applied to men and women that appears to benefit women even though laws were written to be applied with the same force and effect to men and women!
The only provision we have in law that varies its application is when we are dealing with minors. We have developed a separate set of rules to deal with minors. There also, the law ought to be applied the same against a male or female juvenile, but unfortunately it is not and favours the female gender.
Attila
November 17th, 2009 at 7:18 pm
I don't know why everyone seems so surprised about the outcome in this case. Custodial Interference has been a felony in every state for at least 20 years. Most states' laws now give equal access to this remedy whether the abducting parent is custodial or non-custodial and many states, like California don't care what the status is if one parent flees with the kids. In those states where the non-custodial or "access violation" isn't addressed, there is swift remedy through emergency relief, pick up orders and often, issuance of a warrant anyway.
There are more mothers charged and prosecuted than fathers and it is almost a daily occurrence in the U.S. It doesn't make "headlines" much anymore because it is so common. In every case, the abductor loses custody and after the criminal issue is settled can then petition for supervised visitation. The remedies are there but they need to be properly - and swiftly - invoked. If there is a "gender" issue it is that mothers abduct far more often than fathers. It isn't because they have lost primary custody, indeed they often have primary custody, but rather that they choose to act with no regard for the law. The only affirmative defense to criminal custodial interference is that there was imminent danger to the child. However, while often tossed out as a "defense", it is extremely rare for any court to buy it.
It is discouraging to see that there is still such a wide-spread belief that the outcome of a parental abduction case is somehow "gender shock" and rare. All this does is discourage left behind parents from invoking the remedies and recovering their children. In reality, there is no one in any jurisdiction in this country who doesn't have access to all of the remedies available, both civil and criminal, within hours of the abduction. There is no gender war involved in parental abduction. There is equal protection and equal prosecution. It is true that if a child is removed from the country there is not an easy route to recovering the child. However, there are so many measures that can be put in place for prevention that those abductions are on the decline.
This reaction of shock that an abductor is dealt with in the criminal system shocks me since the laws have been in place since the 80's, are constantly being revised upward and are offering more remedies today than ever before. Most larger prosecutors offices even have abduction units which deal with these cases almost exclusively. Federal law requires the immediate entry of the child into the NCIC Missing databank, family law attorneys know how to put the emergency relief orders in place and know where to seek assistance when needed, the PKPA (Parental Kidnapping Prevention Act) and the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) address the issue and when it is properly prepared ALL jurisdictions recognize and enforce a sister state's pick up order and ALL states recognize and give full force and effect to sister state's custody orders.
As far as I'm concerned the case under discussion is just a typical arrest and recovery.
November 18th, 2009 at 10:52 am
Judi - very few parents charged are sentenced to any sort of jail time. In a lot of cases where a parent abducts and is gone for several years, the parent can win custody even if they are caught. The laws exist, but their actual punitive effect is pretty much zero.
November 18th, 2009 at 12:12 pm
Lurker -
I don't know where you're getting your "statistics" but you must be looking at only a few anecdotal cases. Of course prior to the current criminal codes what you say might have been true. It no longer is, and actually many jurisdictions are increasing the sentencing. It is extremely rare for an abductor to "win custody" back today, UNLESS the other parent elects to allow it. How much more punitive do you want than having the abductor permanently lose custody? Today, abductors face arrest, jail time pending extradition, extradition, more jail time, high bond, criminal prosecution and more jail time. After the sentencing time is served they can also then face years of probation.
I have probably dealt with more custodial interference cases in the last 30 years than anyone in the country and I can guarantee you that abductors are indeed prosecuted and jailed. Does it DETER abduction? No, because the personality type that does this is uncompromising. The jail time depends on the jurisdiction's statutes. Sentencing is between 1 and 5 years, more if a federal warrant was required. If the sentence is reduced to time served and probation, it only happens when the other parent is in full agreement. Too many times I hear dad's say "Well, I really don't want the mom in jail." I have seen so much of this nonesense that I tell people up front that I cannot help them unless they guarantee to the prosecutor they are willing to let the criminal case run its course. Actually, most prosecutors won't even issue a warrant any more without that guarantee.
So, I have absolutely no clue where you would find any information, as I said before other than anecdotal cases from many years ago or in instances where a felony warrant was never issued to begin with, where the "actual punitive effect is pretty much zero". Tell that to all the abductors currently sitting in jails all over the country.
I don't know what your role in dealing with these laws is, but I am a nationally recognized expert who was involved in putting these laws in place in the first place. That's why I'm curious about the statements in your post.