Baskerville bays nonsense on divorce and dads
Date published: 4/4/2009
YOU OUGHT to be ashamed of yourself for publishing Stephen Baskerville's drivel ["An Unmarried Husband: Unwelcome Reality," March 29 Viewpoints] and misinformation regarding divorce in America.
Baskerville, an associate professor at a 9-year-old Christian college in Berryville, is also a member of the Libertarian Party of Virginia, according to that organization's Web site.
As an attorney who has practiced family law in the Fredericksburg region for more than 27 years, I would like to correct as many errors as possible of those contained in Baskerville's commentary.
Divorce does not license government intrusion, "including the power to seize children, loot family savings, and incarcerate parents without a trial."
Baskerville is wrong. In most divorce trials you don't receive one trial, but two.
The first brief trial, known as a pendente lite hearing, usually places in effect a court order to maintain the status quo as much as possible. It is designed to assure both parents access to children and the protection of family savings, so that one parent does not run off with the children and the family funds. No one is incarcerated without a trial and due process under the law.
A second full hearing, which sometimes lasts a full day or two, provides both parents with the ability to present all of their evidence and witnesses to the court to help it make a fair ruling in this emotion-packed litigation.
Baskerville is also 75 percent wrong when he states that judges, psychotherapists, social workers, and lawyers "profit from ensuing litigation."
Judges, psychotherapists, and social workers don't profit from ensuing divorce litigation. Judges are paid a salary to be a judge and hear trials that men and women bring to them. They are not paid on commission.
Most psychotherapists and social workers with whom I've worked over the years try to avoid litigation. They can't help clients if they, the psychotherapists and social workers, are sitting in court all day.
Lawyers do profit from litigation. That's what lawyers get paid for doing. Most of us litigate.
However, most family-law lawyers whom I know urge other means of dispute resolution first (such as mediation, collaborative law, and agreements between the parties) before the expensive, stressful, and uncertain option of litigation.
Baskerville's claim that "child abuse is itself the creation of welfare bureaucracies" is so absurd that I must comment. One need only sit through a week or two of family-court trials to see beaten, burned, damaged children--or to hear stories of murdered children.
Baskerville also claims that fathers suffer "incarceration without trial."
Wrong again. First, fathers are not the only ones who pay child support. More and more mothers pay child support to fathers; and when the payor parent (man or woman) fails to pay as ordered by the court, after a full trial that parent is given another trial before being jailed.
In closing, may I suggest that when The Free Lance-Star publishes irrational rubbish from such individuals as Stephen Baskerville that you try to balance it with commentary by someone who is actually from this planet?
Thomas Savage is a Fredericksburg lawyer.
Date published: 4/4/2009
Most recent reader comments:
A Pathological Lying Savage?
(posted by
TonyFantetti
, May 6, 2009 12:10 am)  
Mr. Savage, your either a pathological liar, or grossly ignorant and inexperienced in family law.
1.I was stripped of my parental rights without a custody trial. My ex stipulated herself the custodial parent, and the judge decreed it.
2. I was awarded $0 of over $100k in marital assets..
3. Not only was I refused counsel, I was found guilty of contempt in absentia & sentenced to 60 days incarceration & arrested without being mirandized, & denied counsel during incarceration.
Tell me Whose lying Mr. Savage?
Honest Lawyer?
(posted by
teds
, Apr. 19, 2009 9:23 am)  
Not every Family Court Lawyer or Judge is bad, but they are the exceptions. Family Court is broken, it needs serious reform before more bad judges and lawyers can plunder estates and destroy children for greed. It's happening all over the country, and we have exported it around the globe. We need to begin fixing it now.
If I were you, I'd Commit Suicide
(posted by
Athein
, Apr. 18, 2009 5:49 pm)  
Having been a pawn of the Divorce Court for twenty years trying to correct a simple mistake of marrying the wrong woman, I can unequivocally say that having seen all of you lawyers, judges and court operatives do for twenty years, the only thing I'd do is commit suicide for ruining so many good people's lives and destroying the future of so many yet innocent children.
Right now only God can punish you but who knows one day when will all the casualties rise together?
IF YOU WERE A REAL LAWYER
(posted by
1010
, Apr. 14, 2009 10:02 am)  
You would renounce your profession and quit. OR stand your ground and debate this man in a public forum. Mr. Savage I know you are capable of defending the family court system. Now is that time. Please straighten out these misinformed people who write this trash about OUR fine judicial system. I SAY DEBATE HIM AND DO IT IN PUBLIC IN FRONT OF YOUR COURTHOUSE AND THEY CAN TAPE IT AND SHOW THE WORLD OUR JUDICIAL GREATNESS. WHAT SAY YEE PEOPLE ????? DEBATE DEBATE DEBATE
Thomas Savage:Real Drivel
(posted by
dmenchell
, Apr. 13, 2009 3:23 am)  
Mr. Savage:
As a family attorney, your credibility leaves much to be desired. Your attacks on Stephen Baskerville are self-serving arguments to preserve the comfortable status quo that most family attorneys and forensic leeches support in order to feed off the current Family Court system. As a father who has had to spend about a third of a million dollars and countless hours in court to overturn false child abuse charges and pay for biased "professionals" of your ilk, I am offended by your comments.
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