A Buffalo New York judge issued the most interesting order in this family court case involving visitation and child support. The mother in the case is accused of having poisoned the children’s relationship with their father over the course of several years to the point that the children wanted nothing to do with their father. She is accused of having obstructed their visitation with him and preventing access to him on court ordered holidays. So thorough was the alienation that the children wanted absolutely nothing to do with the father. Among other things, the judge ordered the woman to buy 3 copies of this Divorce Book: Poison: How to Protect Your Family from Bad Mouthing and Brainwashing by Richard A. Warshak.
The judge’s order in its entirety:
ORDERED that Father’s Violation Petitions (Docket Nos. V-00746-00747-00749-07/15D) and (Docket Nos. V-00746-00747-00749-07/15E) are hereby granted as follows:
Mother willfully violated an order of this court by denying Father regular, holiday and vacation access with the children.
As and for her court ordered sanction, Mother shall immediately, no less than seven (7) days from the receipt of this order, purchase three (3) copies of each of the following:
1) A book – Divorce Poison: How to Protect Your Family from Bad-Mouthing and Brainwashing by Richard A. Warshak (found at either www.warshak.com or www.amazon.com).
2) A DVD — Welcome Back, Pluto by Richard A. Warshak (found at either www.warshak.com or www.amazon.com).
3) Upon receipt of the items, Mother shall give one (1) copy of the book & DVD to Father at his address for his consideration, and one copy of the book & DVD to Dr. Bruce B. at his address for his consideration. Mother shall keep the 3rd copy of the book & DVD for her own consideration.
4) Mother shall present proof that she completed these tasks to the Attorney for the Children on or before July 22, 2016.
5) Mother shall immediately read Divorce Poison: How to Protect Your Family from Bad-Mouthing and Brainwashing and view Welcome Back, Pluto within one (1) month of her receipt of same.
6) Mother shall prepare a written report of what she learned from the book, movie and in counseling, including a list of a minimum of five (5) corrective measures she intends to take (or has taken) to facilitate reconciliation of children and Father’s relationship. Mother’s written report shall be submitted to Father, Dr. B. and the Attorney for the Children on or before Yom Kippur — October 11, 2016.
7) For purposes of effectuating this order, the Attorney for the Children’s appointment shall continue for a period of six (6) months with authority to restore to calendar should Mother fail to comply with these sanctions.
It is further,
ORDERED that Mother’s Petition for Modification of a Prior Court Order (V-00746-00747-00749-07/15F is hereby granted as follows:
(1) The parties shall adhere to the following conditions of access at all times:
a. There shall be no disparaging remarks or discussion of court proceedings made in the presence of any child by either party, nor shall they permit any 3rd parties (including significant others of the parents, relatives and older children) to do so.
b. Mother has an affirmative obligation to refrain from discouraging access or agreeing to other activities in place of Father’s access. If a conflict is unavoidable, Mother shall have the affirmative obligation to schedule alternate access and provide all transportation to and from said access.
c. Exchanges of the children shall occur in neutral settings either at the children’s school or Spot Coffee on Main Street, Williamsville.
d. Both parties and children shall continue their course of counseling with Dr. Bruce B. until successfully discharged. This decision shall be shared with Dr. B. so that he may consider his course of treatment.
(2) Father’s regular parenting time shall be as follows:
a. Father shall be afforded weekly access with the children as follows:
i. Every Thursday from school to 8:30pm.
• Father is directed to pick up the children from school when school recesses for the day. Return children to Spot Coffee on Main Street, Williamsville at 8:30pm. Mother shall retrieve children from there.
ii. Every Sunday from 11:00am to 8:30pm. Exchanges shall occur at Spot Coffee on Main Street, Williamsville.
iii. On any occasion where there is a Monday holiday from school following Father’s Sunday access, his access shall continue through the Monday holiday to 8:30pm.
iv. Father shall be afforded any additional, different or other regular access time as can be agreed and arranged including overnight access, vacation access and other holiday access not specifically set forth herein.
v. Father may petition for expansion of the within access within six (6) months of substantial compliance of all provisions of this order including participation in counseling with Dr. Bruce B.
(3) Father shall be afforded holidays and days of special meaning as follows:
i. Rosh Hashanah – In 2016 and all even years thereafter, Father shall have the first night of the holiday until the following day at 12:00pm. In 2017 and all odd years thereafter, Father shall have the second night of the holiday until the following day at 12:00pm.
ii. Yom Kippur – In 2016 and all even years thereafter, this shall be Father’s holiday commencing at 4:00pm through the following day to include break the fast.
iii. Hanukkah- In 2016 and all even years thereafter, Father shall have the first night of Hanukkah commencing at 4:00pm return the children to school or Spot Coffee the following day (if no school) at 12:00pm. In 2017 and all odd years thereafter, Father shall have any other night of his choosing commencing at 4:00pm return the children to school or Spot Coffee the following day (if no school) at 12:00pm.
iv. Purim — In 2017 and all odd years thereafter, this shall be Father’s holiday to enjoy time with the children commencing at 4:00pm, return the children to school or Spot Coffee the following day (if no school) at 12:00pm.
v. Passover- In 2017 and all odd years thereafter, Father shall have the first day of Passover at 4:00pm return the children to school or Spot Coffee the following day (if no school) at 12:00pm. In 2016 and all even years thereafter, Father shall have the second day of Passover at 4:00pm return the children to school or Spot Coffee the following day (if no school) at 12:00pm.
vi. Thanksgiving- in 2016 and all even years thereafter, Father shall have access on Thanksgiving Day 12:00pm to Friday 8:30pm.
Father’s Day — Shall always be Father’s holiday from Saturday at 5:00pm to Sunday at 8:30pm
(4)This Decision & Order replaces and supplants all prior court orders.
This constitutes the Decision and Order of the Court. Submission of an Order by the Parties is not necessary.
Dated:July 1, 2016
Buffalo, New York.
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