NH Attorney William J. Phillips of Peterborough Joins Our Unethical Wall Of Shame For Filing A Motion In Cheshire County Superior Court Asking For The Court To Incarcerate Thomas Ball For Being Unable To Pay a Child Support Obligation And For Money That Ball Owed Him For Attorneys Fees.

When we heard that Thomas Ball had sacrificed his life in the front of the Cheshire Superior Court by pouring gasoline on himself and lighting himself on fire we were saddened. 

When we read the motion signed by Attorney William J. Phillips of Peterborough asking the court to take action by incarcerating Thomas Ball who was not able to pay his child support obligations in full, we were outraged that an attorney would ask for incarceration without giving Ball a chance for due process.  We felt that an attorney asking for incarceration was overstepping their bounds. 

We were even more outraged when Attorney Phillips in a subsequent paragraph requested for a second time that Thomas Ball be incarcerated for failing to pay his attorney fees (Attorney William J. Phillips) of $1,118.10 which the court had previously ordered Ball to pay.

"RALLY ON BEHALF OF CHILDREN AND FATHERS" NEEDS SUPPORTERS ON WEDNESDAY JUNE 22, 2011 AT THE CONCORD NH STATE HOUSE – READ LETTER BELOW FROM THE CONCORD MONITOR

LETTER

Rally on behalf of children, fathers

Thomas M. Mccarthy, Salem

June 21, 2011

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The National Congress of Fathers and Children is having a sign rally at the State House on Wednesday.

June is National False Allegations Awareness Month, and we are demonstrating on behalf of the children of New Hampshire who have had their fathers torn from their lives due to false accusations. We are protesting the millions of dollars spent each year in the family courts at the expense of the taxpayers.

The family courts are bombarded with cases where a women merely has to say "I'm scared" and that's it. I, for one, have never harmed my family and never will, yet I am one of the hundreds of great fathers whom the state of New Hampshire has deemed unsafe to be with their own children. There was not so much as a thread of evidence produced against me stating otherwise.

The family courts are big business for lawyers, judges, doctors both mental and physical, visitation centers and all the staff members and associates involved with each one. Fathers are worthless in the eyes of these courts. The courts are designed to be used as a shield, while some women use them as a sword.

THOMAS M. MCCARTHY

Salem

Nicholas Haas's Rights May Have Been Violated By NH Judge Tenney - Due Process May Require Appointment of Counsel in Civil Contempt Cases - New US Supreme Court Case Law - From The Website Of NACDL

Due Process May Require  Appointment of Counsel in Civil Contempt Cases WASHINGTON, DC (June 20, 2011) – Today the Supreme Court reaffirmed that freedom “from bodily restraint,” lies “at the core of the liberty protected by the Due Process Clause.” In Turner v. Rogers, No. 10-10, a 5-4 majority held that the State of South Carolina violated a non-custodial parent’s right to due process of law by sentencing him to a year in jail without a reliable procedure for determining whether he had the ability to pay back child support or providing him with counsel to help him prove his case.

Nicholas Haas A NH Man Is Thrown in Debtors Prison By Judge Edward Tenney For Not Being Able To Pay For A Retroactive Court Order Issued Through The NH Family Court.

Even though Debtors Prison was abolished in the 1800’s, many people in the US are being incarcerated because of debt. 

Samantha Haas has forwarded a letter to us which is posted below and which outlines the circumstance of her husband Nicholas Haas being thrown in jail.  What was Nicholas’s crime?  A NH Family Court determined Debt!  Yes that is right.  The NH Family Court decided to make a retroactive order to make Nicholas responsible for paying $22,000 to his former wife.  When he couldn’t pay it he was jailed by Judge Tenney.

Some surmise that there is more to this and that Nicholas did this to himself for not paying his ex-wife the child support that she deserves.  Some surmise he is a dead beat dad.  That is not the case according to his current wife Samantha.  Samantha told us that Nicholas pays his support regularly through wage garnishment.  He is actually current with his support obligations.  His debt is only a result of the courts retroactive order in which Nicholas was order to pay almost $5,000 a month for five previous months, which this included alimony payments. 

The Constitutional Right To Be A Parent - More Important Case Law

1.       State v. ROBERT H. ____, 118 NH 713 - NH: Supreme Court (1978) at 716 stated: “The role of parents in the life of a family has attained the status of a fundamental human right and liberty.”  And it is now firmly established that `freedom of personal choice in the matters of . . . family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment.'" Quilloin v. Walcott, 434 U.S. 246, 255 (1978) citing and quoting from Cleveland Board of Education v. LaFleur, 414 U.S. 632, 639-40 (1974).

Bullets For Last Statement Of Tom Ball - See Posting Below

Bullets For Last Statement

Tom Ball
Holden,MA

Unemployed
Father's Rights Activist

Retired Army medic
3 year active end of Vietnam
18years National Guard-MA,NY,NH

Man Sets Himself On Fire In Front Of The Entrance To The Cheshire County Superior Courthouse – It Appears Thomas Ball Sacrificed His Life In An Effort To Raise Awareness Of Issues With The Family Court System In NH And Around The Country - He Outlines These Issues In His “Last Statement” Which He Sent To The Keene Sentinel Just Prior To Losing His Life

Read The “last statement” Of Thomas Ball, courtesy the Keene Sentinel:

Last Statement
by Tom Ball

A man walks up to the main door of the Keene N.H. County Courthouse, douses himself with gasoline and lights a match. And everyone wants to know why.

Apparently the old general was right. Death is not the worst of evil.

I am due in court the end of the month. The ex-wife lawyer wants me jailed for back child support. The amount ranges from $2,200. to $3,000. depending on who you ask. Not big money after being separated over ten years and unemployed for the last two. But I do owe it. If I show up for court without the money and the lawyer say jail, then the judge will have the bailiff take me into custody. There really are no surprises on how the system works once you know how it actually works. And it does not work anything like they taught you in high school history or civics class.

Man Sets Himself On Fire In Front Of Cheshire County Superior Court House Which Also Serves As The Family Court – There Is A Lot Of Speculation As To Why

It’s no new news that there are major issues with the NH Family court system. 

According to the media, yesterday around 5:30 pm a man set himself on fire by the entrance to the Cheshire County Superior Court House.  According to WMUR’s reports there was a strong odor of gasoline in the area and witnesses also stated that the man walked around for a bit and while burning and then fell to the ground. 

According to WMUR reports several men said their attempts to help the burning man proved ineffective, partly because it appeared he did not want to be helped.

There is a lot of speculation out there as to why this man did this.  People don’t just pour gasoline on themselves and set themselves on fire at a courthouse entrance for no good reason. 

Is it possible that this has to do with a Family Court Issue? 

Here are some links to the stories:

http://www.wmur.com/r/28252130/detail.html

http://www.sentinelsource.com/news/local/man-found-dead-in-fire-near-keene-courthouse/article_87a5824a-979b-11e0-b8de-001cc4c03286.html

http://www.unionleader.com/article/20110616/NEWS07/110619944

The Constitutional Right to Be a Parent - From The Website Of The American Family Rights Association

The Constitutional Right to Be a Parent
Below are excerpts of caselaw from state appellate and federal district courts and up to the U.S. Supreme Court, all of which affirm, from one perspective or another, the absolute Constitutional right of parents to actually BE parents to their children.
 
No case authoritative within this circuit, however, had held that the state had a comparable obligation to protect children from their own parents, and we now know that the obligation does not exist in constitutional law.” K.H. Through Murphy v. Morgan, 914 F.2d 846 (C.A.7 (Ill.), 1990.
 
"Rights to marry, have children and maintain relationship with children are fundamental rights protected by the Fourteenth Amendment and thus, strict scrutiny is required of any statutes that directly and substantially impair those rights." P.O.P.S. v. Gardner, 998 F2d 764 (9th Cir. 1993)

"Parents right to rear children without undue governmental interference is a fundamental component of due process."
Nunez by Nunez v. City of San Diego, 114 F3d 935 (9th Cir. 1997)

The rights of parents to the care, custody and nurture of their children is of such character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions, and such right is a fundamental right protected by this amendment (First) and Amendments 5, 9, and 14. Doe v. Irwin, 441 F Supp 1247; U.S. D.C. of Michigan, (1985).

Court Reform Needed – An Excerpt From The Article Entitled “Stopping Parental Alienation Requires Family Court Reforms” From The Website Of Angiemedia

Court Reform Needed

It’s clear that parental alienation is very damaging to kids and that many children are being affected. So why aren’t legislators doing something about restricting judges from far too often interfering with children’s contact with parents? The answer is money.

Judges, lawyers, and divorce industry professionals find parental alienation profitable and encourage it by their focus on adversarial litigation, custody evaluations, and grossly out of balance allocations of time to each child. These people disproportionately influence legislation through a combinations of means including running for office, lobbying, and campaign donations.

Some alienation is arguably caused almost entirely by the court system. This seems to be what happened with Joal Henke, alienator against Tonya Craft, who had little contact with his kids and a growing child support bill and saw the opportunity to screw over his ex-wife with some other parents who didn’t like her using false child sexual abuse allegations in an attempt to get a more fair outcome for himself, disregarding how much damage it would do to both the kids and his ex-wife. Nobody benefited from this except for the divorce industry and government that derived income and job security from it.

Parental alienation expert Bill Eddy in his new book Don’t Alienate the Kids! Raising Resilient Children While Avoiding High Conflict Divorce advocates refocusing the courts towards balanced time shares, minimizing conflict, and no longer picking “winning” and “losing” parents to help stop parental alienation. He cites how alienating parents were often raised in emotionally abusive households, learned to be emotionally abusive themselves, and may not even be aware of how damaging their behaviors are because they regard them as normal. Further, he believes that a “culture of blame” encouraged by society and the courts focuses on blaming and punishing one parent rather than identifying problems and putting into places solutions that help the overall family system to stop the problems and ensure that children have time with both of their parents.

It Appears That Tracy A. Bernson, NH GAL May Have Had Judgment Against Her In New York Court - The Post-Standard Of Syracuse, NY Publishes Article August 2005 - We Are Attempting To Get Additional Information To Determine If This Is The Same Tracy Bernson The NH GAL And Attorney

June 13, 2011

UPDATE – WE DETERMINED THROUGH ADDITIONAL RESEARCH THAT THIS APPEARS TO BE A DIFFERENT BERNSON. 

We have done additional research.  The Tracy Bernson that appears in the Post Standard of Syracuse article may not be the same Tracy A. Bernson that is a NH attorney and GAL. 

We have located an article about the creditor Daniel C. Walding.  The article talks about his position as vice president of sales and marketing at an oncology company named AustCancer that deals in part with nutritional supplements.  This article can be viewed at the following link.

http://www.businesswire.com/news/home/20041123005207/en/AustCancer-Appoints-Vice-President-Sales-Marketing-Boost

We have also found some information on "Adam and Tracy Bernson" that around the same time in 2005 appeared in an article dealing with lymphoma and leukemia precautions.  This article can be viewed at the following link.

http://www.brettesember.com/press/Newsday2005.pdf

It is possible that the Tracy Bernson listed in the post article could be the Bernson listed in the article about dealing with lymphoma and leukemia precautions.  Therefore it appears Tracey A Bernson the NH GAL and Attorney and the Bernson in the Post Standard Article may be two different people. 

We will continue to try to investigate this. 

(View Original Article Below)

A GUIDE TO THE PARENTAL ALIENATION SYNDROME - From The Website of UK Men and Father's Rights

A GUIDE TO THE PARENTAL ALIENATION SYNDROME
by
Stan Hayward FNF Research Officer

What is it?

The Parental Alienation Syndrome (PAS) is the systematic denigration by one parent by the other with the intent of alienating the child against the other parent. The purpose of the alienation is usually to gain or retain custody without the involvement of the father. The alienation usually extends to the father's family and friends as well.

Do you know of a NH Judge, Marital Master, Attorney or Guardian Ad Litem that is unethical but you are afraid of retaliation if you provide information about this person?

Do you know of a NH Judge, Marital Master, Attorney or Guardian Ad Litem that is unethical but you are afraid of retaliation if you provide information about this person? 

Post anonymously the persons name in this post and their position and whom they are associated with.  The blog staff will investigate this person.  Please provide as much information as possible to assist us in our research.  If you can tell us a little bit about some areas to look into that would be a great help. 

Additional information on the unethical people already posted would also be appreciated. 

Thank you,

Blog Staff

Divorce Related Malicious Mother Syndrome

DIVORCE RELATED MALICIOUS MOTHER SYNDROME

PUBLISHED IN

JOURNAL OF FAMILY VIOLENCE

VOLUME 10, NUMBER 3, PAGES 253-264 (1995)

BY
Ira Daniel Turkat, Ph.D.

Venice, Florida

An updated version of this article by Dr. Ira Turkat changed the title to Divorce Related Malicious Parent Syndrome. A copyof the updated version follows this article below


With the increasing commonality of divorce involving children, a pattern of abnormal behavior has emerged that has received little attention. The present paper defines the Divorce Related Malicious Mother Syndrome. Specific nosologic criteria are provided with abundant clinical examples. Given the lack of scientific data available on the disorder, issues of classification, etiology, treatment, and prevention appear ripe for investigation.

Father Jailed For 10 Weeks For Not Being Able To Afford To Pay Child Support - From The ACF&C Website

American Coalition for
 Fathers and ChildrenShared Parenting - Children Need Both Parents

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Remembering Memorial Day 

Dear Reader;  
On Memorial Day it’s fitting to reflect on the sacrifices our friends, neighbors and fellow citizens have made as members of the Armed Services.  We repeatedly hear stories from members of the military expressing surprise and bewilderment that the country they swear to defend becomes the government that takes their children when they return home and face the family courts.