The captions of these illustrations are is in Spanish, but there is no need for translation.
Hat Tip: Ari Divina
The captions of these illustrations are is in Spanish, but there is no need for translation.
Hat Tip: Ari Divina
Posted in Adoption, Culture and Families, Family Laws, Immigration Policy and Families, Justice and the judiciary, Uncategorized, tagged Cinema Tropical, Donald Trump, Encarnacion Bail Romero, Guatemala, Ixcanul, Jayro Bustamente on February 29, 2016 | Leave a Comment »
Saturday February 27, I saw one of the most beautiful and poignant movies ever, Ixcanul, from Jayro Bustamante. It was not be mentioned in the ceremony of the Oscars on Sunday, but it received a well-deserved best first film award at Cinema Tropical award.
But I want to talk about immigration and the tragedies that often go with it, not cinema. The movie tells the story of Maria, a young girl who lives with her family in the vicinity of the volcano Pacaya, in the south of Guatemala. They are landless peasant workers working in a coffee plantation. Maria’s future is all set: She is to marry the overseer of the plantation and this alliance allows her family to keep their house and to remain on the land where they live. However Maria happened to be enamoured with a young fellow who wants to go to the US, and does not know much it besides it lies behind Ixcanul (which means volcano in one of the Mayan languages of Guatemala, Kaqchikel). Maria sleeps with him to get him to bring her with him on his trip, but the lad leaves the country without her. She becomes pregnant. The condition for her family not to be kicked out is to start sowing corn their land infested with snakes. One of them bites her, and she is rushed to Guatemala City hospital. There, doctors spare her life, but not her baby’s, who is dead, Maria is told by a Kaqchikel-Spanish hospital translator. In fact, the paternalistic greedy administration of the hospital, with the help of Maria’s cuckold fiancé, have given her baby for adoption; That’s good money, and indigenous babies are better off given for adoption to white rich folks anyway than taken care off by their illiterate kins.
Now, let us imagine for one second a totally different story for Maria. Instead of being stuck in Guatemala, she makes it to the promised land, which a real estate mogul, who epitomizes bad taste in each of his numerous architectural endeavors, wants to protect from immigrants with a wall. Let us be generous with Maria. She finds a half-decent coyote, crosses Mexico and makes it safe to the US. Then, she starts working for a chicken factory at less than the minimum wage, with unbearable working conditions. Maria is lucky tough. The “Migra” never raids the factory where she works. Hence, unlike her compatriot Encarnación Bail Romero for instance, she does not go to jail, and does not have her kid given for adoption by a rogue judge to well-to do American parents. Instead, she keeps on working, contributes to Social Security, Medicaid and Medicare and never gets a cent from any of these programs. Maria’s daughter may or may not graduate from High School; she will however go to College if State policy allows it, and remains in any case, a second -class citizen. As far as Maria is concerned, she, as an illegal immigrant, will never see her parents again. Even if she were to go back to Guatemala to be near a dying parent, she would indeed bound to start at square one, crossing borders illegally at her risk and perils.
The point is that there is no need of a wall to make the situation of immigrants more miserable than it already is. Distrust those who want to make America great again, and those who say that America has always been great. Both messages are old bull, and their messengers always have it wrong about immigrants: Immigrants are always loosing big. Their offspring and politicians make a point to embellish it.
Posted in Culture and Families, Family Justice and the Media, Manhattan Family Court Sucks, Politicians on Fatherhood?, tagged Alan Dershowitz, Cirilia Balthazar Cruz, Daniel Giersch, Encarnacion Bail Romero, Fahi Takesh Hallin, Kailash Satyarthi, Malala Yousafzai, Murphy, Rutherford Kelly, Sheilla Weller, Vanity Fair on October 22, 2015 | 2 Comments »
In the Fish Market store I usually go on Sunday, on 144 street and Broadway, I overheard an interesting conversation in Spanish. A customer – a Dominican man I would say- was ranting about child support with the two Mexican employees of the store. He owed back child support payments and was at risk of having his driver license removed. I did not catch the whole thread but at some point, I heard him say : “pago poco porque gano poco” (I pay little because I earn little). This man did not seem exactly pleased with New York State family court justice.
How strange, truly! This man obviously did not read Sheila Weller’s article in the November 2015 issue of Vanity Fair, titled “Irreconcilable Distances;” Otherwise he would know that family justice has changed a great deal. Let me say a few words about Weller’s story, whose estranged protagonists are Kelly Rutherford, star of the TV series Gossip Girl, and her ex-husband Daniel Giersch, a wealthy German business man. I skip the details of the custody battle and go directly to the outcome: Giersch was given residential custody, and as a result, Rutherford has to visit her children- her son Hermes and her daughter Helena- in Monaco. A lot of tears, and famous ones, have flown for Rutherford: ABC News Legal Analyst Dan Abrams tried to raise awareness of Rutherford’s lot and her children’s, in a September 1 2012 broadcast, “Two American Kids shipped to France in One of the Worst Custody Decision, Ever” (Abrams does not seem to bother that Monaco, whose Princess was Grace Kelly at some point, is not part of France). Also, with the initial help of Alan Dershowitz, “Boston-based Murphy- , a women’s -, children’s-, and victims’ rights lawyer filed a civil rights lawsuit in the Court of Appeals for the Second Circuit on behalf of Hermes and Helena, claiming their life abroad is a form of ‘involuntary expatriation, which is unconstitutional,” tells Weller.
My heart bleeds at my ignorance of such a case. Yet, did I miss something, or these noble knights of the rights
of mothers and children – Abrams, Dershowitz, Murphy- were nowhere to be found in support of Encarnacìon Bail Romero or Cirilia Balthazar Cruz, two undocumented (Guatemalan and Mexican) mothers who were deprived of their respective son and daughter by family courts in Missouri and Mississippi?
But let us not be sidetracked here and let us return to American motherhood in Monaco. The cause of Rutherford’s predicament, according to Weller, is “the friendly parent criterion,” which allegedly now guides the decisions of judges in the courts of this land. What is it? You need to appear supportive of your ex’s rights and ability to see the children. Don’t mess up with them, or at least, don’t behave in a way the judge could interpret you intend to. That was indeed the source of Rutherford’s troubles: she left Giersch’s name off the birth certificate of Helena’s. Critical mistake, which basically cost her custody of her children. Folks, that’s now the law of the land, we are told: Rich, poor, white, black, straights, gays, don’t even think of interfering with your ex’s rights. From New York to LA, family court judges, these new heroes, will not allow it. You end Weller’s article, and you wonder how come the US family court system, after Malala Yousafzai and Kailash Satyarthi in 2014, is not even considered for the 2015 Nobel Peace Price.
Now, let’s get real. Weller’s article is telling us that Giersch’s super lawyer Fahi Takesh Hallin (a partner in the prestigious L.A. firm Harris Ginsberg, mind you) were successful at pointing at Rutherford’s “excessive gatekeeping” during the trial; in other words, Hallin was good at blaming Rutherford’s sick tendency to overprotect her children and overstate the risks of spending time with Giersch. I am no Fahi Takesh Hallin, but let me tell you something: in the family court trial of physical abuse I was dragged to a few years before the Rutherford-Giersch case, there was plenty of evidence of “excessive gatekeeping” on the part of ex. The judge sat on it, and the law guardian did not lose one minute of sleep over it. Both cared about mum, and not at all about mom’s “excessive gatekeeping.” I believe that readers of this blog share this assessment about family courts.
Sometimes, when you come too close to the rich and famous, you lose sight of what goes on in the world of common folks. That’s actually a serious mistake for a journalist.
Posted in Culture and Families, Family Justice and the Media, Family Laws, tagged Alan Blinder, American Families, Chuy Garcìa, Frances Robbles, Hillary Clinton, Jason Grant, New York Times, Phil Pone, Ralph Emmanuel. Chicago, WTTW's on April 14, 2015 | 1 Comment »
Hillary Clinton stepped in the Presidential race yesterday, Sunday April 12 2015, stating that “when family is strong, America is strong.”
Exactly the kind of line that gives me the creeps. The topic of family in politics is indeed always and everywhere sulfurous; It is the favorite topic of the far-right, who sees family as the repository of traditional values; it is for sure the topic of those who do not have much to say about policy in general, except that the essence of government is not to interfere with individual liberty.
The problem with family champions of all kinds is that they have to come from “above-reproach families” or be hypocrite. That makes life difficult for a lot of good folks who have interesting ideas beyond “making family stronger,” like Chuy García for instance, who is running for mayor in Chicago. Two weeks before Hillary’s official launch of her presidential campaign, Phil Ponce, a WTTW’s anchor, was rubbing into Chuy García’s face, the strong- family argument: “Your son has been a gang member. Is he still one? If you could not control him, how dare do you pretend to lead us?”
I also wonder in what way policies aiming at “making family stronger” would help the cases of Michael T. Slager and Walter L.Scott. The former, a cop coming from a divorced family according to an April 13 New York Times article, shot the latter eight times in the back as he was escaping arrest. No reason whatsoever to shoot the man, Walter L. Scott, who happened to have the bad luck to owe $18,104 in child support, was facing an arrest warrant for it since 2013, and was scared to be arrested.
Why doesn’t Hillary Clinton leave the “strong-family thing” to the guys running against her?
Posted in All Kinds of Dads, Culture and Families, Parenting, tagged Christopher Meloni, Clark Gable, Claudette Colbert, Elliot Stabbler, Frank Capra, It Happened One Night, Mariska Hargitay, No More Campaign, Olivia Benson, Sexual Victim Unit, Vice-President Joseph Biden on October 20, 2014 | 1 Comment »
Praising a Capra movie is like touting the Taj Mahal as one of the greatest monuments in the world: it is neither original nor insightful. Anyhow, I will. I just saw “It Happened One Night,” a movie Capra directed in 1934. In a nutshell, the movie tells the story of a romantic encounter between a runaway heiress, Ellie Andrews (Claudette Colbert), and a journalist, Peter Warren (Clark Gable).
This movie is a jewel, but I want here to chat about the father-daughter relationship, which is bumpy, physical and loving. Alexander Andrews (Walter Connolly) is a rather invasive father: he has kidnapped his adult daughter on his yacht to have her break up with a fortune hunter she is supposed to marry. Ellie, the daughter, is not that fond of him but cannot stand her father telling her what to do all the time. She starts a hunger strike. Her father brings a tray of food in her room which she throws on the floor. He slaps her, and she escapes by jumping off the boat. On the bus to New York, she meets Peter Warren, a journalist she falls in love with. And she tells him. While Warren rushes to New York to get money and propose, Ellie is woken up by the owners of the motel, with no money to pay for the room. She naturally asks daddy for help. As she brings herself to marry the rich playboy, Andrews gauges her daughter’s true feeling in a beautiful scene, where Andrews comforts his daughter Ellie, as he did when she was a little girl.
Let’s face it. The story of “It Happened One Night” would not even be considered by Hollywood studios nowadays, if not for MAJOR changes. Let ‘s see… Upon her escape, Ellen rushes to court and gets a restraining order against dad…Better: she brings in Olivia Benson and Elliot Stabler (Law and Order, Sexual Victims Unit), and they get her to sue the paternalistic pig. In the end, Ellie has Warren sign a prenup in Cancun. Lastly, Warren gets to work for Joe Biden’s campaign against domestic violence with Marishka Hargitay…
These timely adaptations of the script of “It Happened One Night” are of groundbreaking relevance. Oh, I forgot: In the movie, before going to the bottom of his daughter’s feelings, Andrews meets Warren to pay him back for his expenses, and finds out about Warren’s feelings for his daughter (see, that was a time when men dared to mingle into things that were none of their business). Warren, who is never at a loss for words, tells Andrews what he thinks of rich folks and the way they raise their kids. So thirties…
Is it Capra’s genius that makes Depression times almost charming?
Posted in Culture and Families, Family Laws, Manhattan Family Court Sucks, Politicians on Fatherhood?, tagged Brent Johnson, Care.com, CNN, Mireya Navarro, National Football Association, NJ.com, Ray Rice, the New York Times on September 23, 2014 | 1 Comment »
Two days ago, as I was waiting for the train on 96 street going back home, there was a young black lady on the platform, carrying a baby
in a snuggly and pulling a toddler, who was at most 2 years old. The little boy was crying. He was carrying an enormous backpack with Mickey Mouse on it, which he kept dropping on the floor. Each time this was happening, his mother was telling him to pick it up. Her tone of voice was crisp and authoritative. There was clearly no room for bargaining, yet the toddler kept crying, hoping perhaps her mum would comfort him. But his mum had her hands full and she did not have time to compromise. She was in the business of bringing everybody home. Maybe because I was coming back from Aznavour’s concert, and had Aznavour’s voice in my head, I felt vaguely uncomfortable by the way she asserted her authority. I noticed my discomfort was shared by people in the train.
Now that I think about it, I feel discomfort about my discomfort. I guess this mum is the type of folks that work several jobs, cannot make it with what she earns, and cannot afford a babysitter. She is therefore not the target of the nauseating commercial of Care.com, but she is the likely victim of the “budget cuts” of public housing in New York City that Mireya Navarro reported about in a New York Times article. Thanks to these cuts, family of two that were living in two bedrooms have to move to a one bedroom or pay more, and family of three in two bedrooms etc… Consider now the predicament of single parents ( single fathers for instance) with a teenage kid in a one bedroom apartment, the likelihood of a surge in accusations of child abuse/domestic violence, and all these cases handled by those sensitive watchdogs of the families of the poor that populate family courts: law guardians, and private “Comprehensive Family Services” of all sort. That’s going to be interesting quality time for those families in public housing.
Meanwhile last week, the news was all about Ray Rice’s assault of his wife Janay. It takes a “hero” to fall for exquisite sensitivity (belated on the NFL’s part) and awareness about domestic violence to be displayed. The incident prompted a flow of reforms all over the nation. The great State of New Jersey (Rice played at Rutgers) passed a package of six laws, the gist of which being enhancing control of the bad guys with a registry of restraining orders. Such conspicuous waste of efforts and taxpayers money, which would better spent on public housing …
Posted in Child Support and Child Support Laws, Culture and Families, Family Laws, Gender Inequalities, Sanity in divorce, tagged ABC News, Capital in the Twenty First Century, Gabriel Aubry, Halle Berry, Judge Gordon, Los Angeles Superior Court, Thomas Piketty on June 23, 2014 | Leave a Comment »
Fact: Family courts bleed fathers to death as they force them to pay absurd percentages of their gross income for child support; if you have any doubt about it, just read the recent comments on this blog.
Fact: On May 30 of this year, the settlement between actress Halle Berry and her ex-boyfriend Gabriel Aubry was approved by Los Angeles Superior Court Judge Gordon. Berry will pay $16,000 a month in child support, or $192,000 a year to Aubry for their six-year old daughter. Let see: that’s almost enough to pay – each year !- the tuition for a four-year degree in the most expensive U.S. universities.
Some will see in this agreement a great victory for justice on the grounds that a woman – and a famous one- has to pay child support like the rest of us. I for one would not agree. I see a saddening consistency between the Berry-Aubry’s settlement and traditional child support policy for the commoners. The commoners, in their vast majority, are poor, and the poor being poor,are not supposed, according to family courts, to figure out how to make their kids happy. That’s why family courts are there for: Tell the poor chap what to do and squeeze the last dime out of him. On the other hand, family courts have no problem with rich folks, provided a privileged kid remains a privileged kid. Thank God, Halle Berry’s daughter will. These two parallel facets of paternalistic child support’s policy are always carried out in the name of the best interest of the child.
Fact: There is a Piketty mania going on in this country, but obviously family courts have not heard about it. This Piketty mania spreads from Thomas Piketty’s last book , Capital in the Twenty- First Century, which talks about a wealth inequality fever particularly acute in America. Nobody is saying that family courts are in the business of correcting for wealth inequalities. At least, they ought not help reproduce them, while stamping the seal of justice on absurd child support payments that secure a kid the standards of living he’s born with.
Absolutely Uncommon Analysis of Family --and "Conciliation" -- Courts' Operations, Practices, and History