On July 15, 1997 a decision was rendered by Judge C.B. McNeil in Lake County, Montana in regards to three minor children who had witnessed their Father strike their Mother, Had heard him threaten to kill their puppy because the puppy had jumped on him, Suffered at the least, neglect, in that the 8 month old baby boy suffered a skull fracture while in the care of the Father and no medical attention had been sought for him. The Montana State Department of Family Services had substantiated abuse by the Father. Audio tapes were presented in court through a nasty divorce trial on May 22 and June 4 and 5 of 1997 and it was finally over.....the children were granted to: THE FATHER!!!!
The minister of the Father's church stated in court that the Father had admitted striking the Mother for not getting the child's shoes fast enough. The Father testified that yes, he had struck the Mother but only once.
He also testified that after the separation, he had made her beg for support checks because he didn't feel like giving the check to her at that time. We are talking of a Mother with 4 children under the age of 5. The youngest was a new born.
Upon his removal from the family home which was a mobile home parked on his Father's property, he took all but 2 blankets, the food in the home, the only television set and left the children with virtually nothing.
Within a short time, the Father and his Father served an eviction notice upon the Mother........kicked out his own children.
During the winter there was about 6 feet of snow in the driveway and though the Father was staying on the same property and had a plow, he refused to plow a way of safety for his children.
The Father stated that the 8 month old baby had sustained an injury to his head while standing against a stool and falling directly backward onto a lateral board on a stereo cabinet. A letter from a Pediatrician who examined the baby states:
"As we discussed today, Cody's injury as described by Dr. ____ and you is a significant hematoma. On my examination I noted a large bruise but could not document a hematoma at that point. The x-rays were interpreted as a skull fracture and certainly the injuries Dr. ____ described and that Cody presented with are very compatible with a skull fracture.
These injuries, including the hematoma and the skull fracture, are not likely compatible with a simple fall from a standing position on a carpeted floor by a youngster of Cody's age. As to the x-rays, the radiologist will hopefully be able to sort this out as to whether there is definitely a skull fracture.
I also am concerned by the history that Cody fell when he was alone in the house.
The mechanism of injury described is very unlikely to fully explain the hematoma and the possible skull fracture.
Please call if you have further questions."
The hospital report of March 18, 1997 immediately upon the return of Cody to his Mother's care by the Father states:
"Cody is brought in by his Mother because of swelling on the right occipital area on his head. Eight month old male infant was with his father and just returned to his mother and she states when he was brought back to her she noticed the swelling on the scalp.
This is a fluctuant 3-4 inch area on the occipital area of the right which is soft and fluctuant. This does not appear to be very tender at this time. Fontanels are closed and the skull feels normal on palpation. Neurological is normal. He is cheerful and responds well. The Mother states he is crawling well and eating well.
I do not think there is any evidence of concussion but he does have a hematoma of the scalp. X-ray of the skull is being ordered and he will be observed. Report was made to the Sheriff's office in ______ because of the possibility of child abuse."
The X-Ray report:
"A linear skull fracture emanates from the right lambdoid suture. It measures approximately 4 cm in length. I see no obvious depression or overlapping of bone however the views are not such that this determination could be made with certainty. The left lambdoid suture also appears to be the origin of an inverted U shaped lucency into the parietal bone which, given the appearance of a linear skull fracture, must be viewed with a great deal of suspicion for a second skull fracture. This also appears to be non-displaced and non-depressed with the same caveat mentioned above.
On lateral porjection, a linear lucency points inferiorly from one of the two lambdoid sutures. This may be a normal suture within the basiocciput however could not exclude small linear skull fracture here as well.
Conclusion: Bilateral Parietal Bone Fractures. If There Are Any Concerns For Child Abuse Here, They Should Be Acted Upon. Imaging Such As CT Or More Ideally, MRI Can Be Obtained Of The Brain In Order To Look For Cerebral Contusions, Subarachnoid Hemorrhages And Subdural Fluid Collections. The MRI Could Also Provide Information As To Whether Single Versus Multiple Hemorrhagic Events Have Taken Place If Found."
Letter from Family Services Division regarding abuse of the 4 year old:
"I am writing to inform you that I have concluded my investigation into the possible abuse of your son ___ by _____ :_____. I have substantiated that it was discipline that turned into physical abuse. _____ does have the right to appeal this decision. If he does it will go before a fair hearing committee. Based on my substantiating I will be recommending ____ get counseling, and attend parenting classes. I will not be making decisions as to his visitation. This will be a decision the judge will have to make a ruling on. I did tell you that I would not recommend ____(the child) go to ____'s for visits while I was investigating the abuse. The investigation is now complete and I would take it up with your attorney as to what visitation should be at this point.
If you have any questions or concerns please contact me at my office."
Police reports:
Sep. 11, 1996-11:00 AM--"(husband) got out of the vehicle and grabbed (wife) by the arm and she told him to let go and he did. Then he poked her in the shoulder a few times with his index finger. ____ told him to quit and he did. She was very scared of him and thought he was going to hit her like he has done in the past.
A taped statement was taken from ____ and given to the county attorney's office for review.
The taped incident that was taped by ____ [ on a mini cassette and was forwarded to the Co Attorney's office also]
There are no marks on the ____. She does want to press any charges that she can.
I recommended that they start using a third party to transfer custody of the kids.
____ advised that their divorce hearing is not until December (note: it was later changed to May) She gave me a copy of the TRO (temporary restraining order) which was served on (Husband)."
Police report on Sep 11, 1996 13:33 PM--"I responded to (address) and met with (wife) She informed me that her husband ____ has been harrassing her. When he brought the kids back to her tonight he would not leave when he was asked. He then started to argue with her making various snyde remarks. ____ audio taped this incident. The tape is included with this report. There were also three witnesses to this incident. They were (wife's) parents ______________ and her brother ________. These three can be reached at (phone number).
Also while I was there (husband) and his Father came by. They came to tell _____ that she has 30 days to move. I informed _____ to take that paper to her attorney. Then _____ noticed a video camera on the hood of the car. She went and got it. As she walked back to the house _____'s Father grabbed her arm and started to pull her around. I then told him (sic) told him that it was not good for him to be grabbing people like that. and that it would be best if they left. I told them that they could work this out with their attorneys in the morning. (husband) then went to take the van. In the court order that (wife) has it states that she will have the van until everything is settled. I explained this to _____ and he asked me how long he has to comply with this court order. I informed him that he has to comply with it until the court says he no longer has to. When he left he was agreeing to handle any problems through his attorney and not on his own."
The Mother had a Temporary Restraining Order against the Father with substantiation of abuse consisting of:
1. A copy of the eviction notice
2. A police report regarding abuse of the Mother
3. A Letter from Department of Family Services substantiating abuse of a child
4. Her personal concerns regarding the safety of the children and the Doctor's findings
5. The aforementioned pediatrician's report
6. XRAY report determining a skull fracture
All of this evidence was placed before Judge McNeil and even though the only testimony against the Mother was that the Grandfather of the children stated that she wouldn't cooperate with them and an old woman who testified that she had been the Grandfather's life long friend and that she just didn't see the love in the Mother's eyes for the children that she saw in the Father's, Judge McNeil determined that:
"Findings of fact:
11 (C) The interaction and interrelationship of the children with each of the following is:
Petitioner (wife) Good. However, Petitioner's frequent, unnecessary calling of law enforcement officers with complaints against Respondent in order to gain a perceived advantage in the custody proceeding is not in the best interest of the children.
Respondent: Excellent.
Siblings: All three minor children of the parties and the Respondent have a very close relationship with Petitioner's son ____.
Other persons who may significantly affect the children's best interest: Respondent's parents and extended family have a high quality, positive relationship with said children. Petitioner's mother encouraged and participated in the unnecessary involvement of public officials in trying to gain an advantage for Petitioner in the custody proceeding and which conduct is not in the best interest of said children
11 (F) There is (italics my own) no evidence of physical abuse or threat of physical abuse by one parent against the other parent or the children."
A few months after the award of the children to the Father, the young girl appeared in church favoring her arm. When the Father was asked about it he stated that she had just hurt her arm and there was no 'big deal'. The little girl would scream if anyone touched her arm. The Father was asked if he had taken her to the Doctor to which he replied that there was no need to. Because of the way the child was acting one of the ladies in the church insisted that he either take her to the Doctor or SHE would do something about it. He finally agreed to take her and it was discovered that she had a dislocated arm. She had been in this condition for two days before he sought help......and then under protest. He states that they were playing and she started to fall off the chair and he grabbed her arm. It's interesting how many 'accidents' these children have. They have become sullen and rude. They (the children) state that their 'Daddy says Mommy lies, he has never hit her.' How sad that children are manipulated in this way. What will their anger become when they are teen agers?
The Father continues to harrass the Mother after three years, both physically and mentally.
The 'soft door closer' for her screen door was yanked out of the frame and screen door. The police found it lying under a bush by her bedroom window.
The Father told the Mother that he was going to take her back to court and if she thought the last time was bad....just wait until this time.
In the summer of 2000 he DID take her to court, seeking parental rights of her 9 year old boy by a previous relationship. He claimed that the boy had no contact with his 'other' family and that the Mother was keeping him hidden out, not allowing visitation.
The Mother produced a letter from the boy's 'other Grandparents (his Father's parents) saying that the boy was doing fine and having a great time during his visit with them in Okalahoma.
This is the first time that the judge has ruled in the Mother's favor on any point. Of course, the State Chief Supreme Court Justice (which used to be the local judge's law partner) has been changed. The new State Chief Supreme Court Justice is a woman.
The children continue to appear in church (where their father and grandfather hold offices, dirty and unkempt.
They often express to anyone who will listen, that they intend to run away from their Father to go live with their Mother.
After the latest ruling, when the 9 year old boy returned home he wanted to go visit with his siblings. He spent the day and upon his return was very silent. He has never spoken of what took place but has indicated that he does not wish to 'go to Dad's anymore'.
When the Father sees him at church, the boy waves and speaks to the Father. The Father has now taken to ignoring him.
On the 10th of February the Sheriff's Department was called by the Mother's parents to investigate the beating of the now 7 year old boy with a 2 1/2 inch drainage pipe. Over the years the children have suffered many injuries.
The Deputy Sheriff who took the initial complaint pulled up the Father's file and related that he did not understand why the Father had the children with the long history of violence that he has.
On February 11 the Family Services Department went to the childrens' school to speak with them each individually.
This is being updated on February 11 and we do not know the results of those interviews at this time. We pray that this will be the catalyst to remove the children from that home before the Father kills one of the children.
Your Comments Please
National Committee to Prevent Child Abuse
Links for Survivors
