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Posts Tagged ‘Ian Parker’

Circe Hamilton (Photo Angel Franco, the New York Times)

Non-custodial fathers know too well how inflexible the justice system is regarding their  rights and their duties. Seeing your children more? Having more input into the life or your children? Yes, if it suits the custodial parent, i.e. Mom. Loosen child support payments so that you can make a living? No way man. For support magistrates, child support payments’ rules – the percentage of your income you pay in child support- are like the second amendment for the N.R.A. Ain’t no exception, no extenuating circumstances. A good father is a father who pays.

But justice is no different than education or health care in the US. There is the bare minimum that commoners get and there is what rich folks have access to. That’s actually quite amazing how the justice system can become imaginative and creative with the law when you fuel lawyers with cash.

Take Circe Hamilton and Kelly Gunn’ story from Ian Parker in the May 22 issue of the New Yorker. In 2016, before Labor Day, Hamilton was about to move back to the UK with her adopted son, Abush. But her project did not happen as expected. She was contacted by the lawyer of her ex-partner, Kelly Gunn, who had asked a New York court to recognize her as one of Ambush’ parents, grant her joint legal and physical custody. In the interim, Gunn was seeking a restraining order and Hamilton could forget about going back to England.

In their wildest dreams, New York State divorcing fathers would think of getting joint custody, let alone preventing their ex to travel so that they could see their kids. But Gunn had deep pockets, and that certainly helped to unleash the creativity of Chemtob, her lawyer, who saw the case of Hamilton versus Gunn as “Kramer vs Kramer 2016.” Yet Gunn’s claims to be recognized as a parent are not far from frivolous. She lost interest in adoption after Hamilton and her separated. However Hamilton and Gunn remain friends and keep in touch and  when the boy appears, Gunn starts growing feelings for him and as Hamilton puts it, “she wants ownership.” She also has the means to assert her influence in her ex-partner life. She provided an apartment and a car, which Hamilton perhaps made the mistake of accepting.

In any case, Gunn’s petition was denied at the beginning of this year. The judge argued that “the preconception plan (of adoption) could create a path to parenthood but that plan had not continued unabated.” Gunn is appealing this decision because she says this is a case of discrimination against gays. I think she would not be receptive to the fact that there has been an ongoing discrimination in family courts against fathers whose parenting plans were “abated against their will.”

Hamilton and Abush still cannot travel to England.

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Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?...' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.