Columnist Sandra Thompson: How bad can custody case get? Try jail time

How bad can custody case get? Try jail time

AFTER DECLARING that theirs was a case that gave Family Court a bad name, Judge Gerald Hardcastle sentenced a divorced couple to 24 days in jail for contempt.

The two were immediately led out of the courtroom in handcuffs. They were not allowed to post bail.

"This is not a place where you play a game," Hardcastle told the parents. "Your hatred for each other is phenomenal. Either you do what's best for your child, or something terrible's going to happen."

He threatened to put their son in a foster home.

Because of the nature of the allegations in the five-year-old case, we'll call the parents Joe and Ann. But you can substitute the names of anyone involved in a nasty custody battle because this case exemplifies how the system can be manipulated, and how one party can easily yank the other's emotional chain.

Ann's family says the judge was trying to send a message: Cooperate and get along. But they say that if one side adamantly refuses, why punish both? They say Joe's refusal to follow court orders is well documented. Yet the judge also found Ann in contempt because Joe said she interfered with his visitation. There was no evidence to support it, her family says.

Ann and Joe's case file is voluminous. Nearly all the countless court actions throughout the five years have been initiated by Joe. At many of the hearings, Ann defended herself.

Typical of contentious custody cases, there were three reports of child abuse, but all were found to be unsubstantiated. There is a report of past drug abuse by Joe. The child was diagnosed as having an attention deficit hyperactivity disorder. Because of their acrimonious relationship, the couple exchanged their son (on Joe's visitation days) at a police station.

Joe had been asking the court to reduce his child support payments because he said he injured his back and was unable to work full time. When he failed to provide any supporting documentation, the case was continued, allowing him to gather it.

The case then was reassigned to Hardcastle.

At only his second hearing in the case, Hardcastle said Joe had not been forthcoming or truthful. He found Joe in contempt for failure to pay back child support, refusing to undergo repeated court orders for a psychiatric evaluation and for failing to participate in repeated court orders for counseling. He sentenced him to jail.

Hardcastle then turned to Ann and sentenced her to jail for interfering with visitation. Yet Ann says a mix-up occurred only once. She was not permitted to refute the claim of "chronic interference."

Joe's attorney has filed a motion to set aside his sentence and to reconsider the denial of a reduction in child support. The attorney said Joe suffered from a bad back, and the condition would worsen in jail. She also pointed out that he has a business, of which he is the sole employee. Because he can't service some clients, he lost their business, the attorney said.

Fair enough. But the motion couldn't resist a "dig" against Ann. The attorney noted that Ann also has her own business, but has a relative and employees to take care of it. The implication is that Joe should be released from jail, but there's no reason to release Ann.

The jury's still out on how effective jail is as a sanction or motivator, and a 24-day sentence seems harsh. But Hardcastle was clearly frustrated.

"The child is a pawn in a chronic and sick game," the judge said in court. "These parents are abusive in the classic sense and this child deserves better. This court does not tolerate this behavior."

Hardcastle acknowledged in court that "people have the ability to play games with orders."

Ann's family agrees, but says it is Joe who has continually refused to comply with the orders and Ann is as frustrated as the judge. Court records support the family's claim.

Ann's father and mother traveled from Arkansas to be with her. Her brother, who is an attorney, is trying to help with the legal issues.

They have told Ann's son that his parents are "away at counseling." He is staying with Joe's stepmother until Ann is released from jail and he can return home.

Ann's brother, who practices law in Arkansas, seemed puzzled that the court system here would allow Joe to continually file motions while refusing to comply with court orders.

Ann's father says the family has faith. He says Ann's "not a zero in jail, she's a hero."

"I told her to believe in God, believe in yourself and try to do the best you can and maybe you'll be able to get through."

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