I was just listening to the news. Two suspects arrested in two different rape cases. Both muslims.

July 5th, 2012 by Robert Franklin, Esq.

An Indiana man faces five years in prison because he criticized the judge and the custody evaluator in his divorce and custody case. Here’s Dan Brewington’s website and here’s a link to his brief appealing his criminal convictions.

Dan and Melissa Brewington were married in 2002. They had two daughters before Melissa filed for divorce in early 2007. Both parents sought primary custody of the children, but Melissa was awarded primary custody during the pendency of the case. Dan had visitation three days each week. During the entire course of the two and a half year custody case, no allegation of violence, physical or sexual abuse, neglect, drug or alcohol abuse was ever leveled at Dan Brewington. And of course he had his daughters three days a week, so someone must have thought he was a pretty good dad.

But despite all that, when Judge James Humphrey issued his final order in the case, he stripped Dan Brewington of all rights to see his children. He was entirely denied visitation and, when he called them on the telephone, that mode of contact was denied him as well. So, the question arises “what did Dan Brewington do to lose his children and get himself put in prison?” More to the point, how can a man against whom there is no finding of unfitness as a parent come to be denied all contact with his children? Doesn’t that violate Supreme Court precedent?

It looks like it does, but the answer to all those questions is simple; Dan Brewington harshly criticized both Judge Humphrey and the court’s hand-picked custody evaluator, Dr. Edward Connor. Now, I know what you’re thinking. You’re thinking that Dan Brewington, like all Americans, has freedom of speech. Moreover, you’re thinking that, because Judge Humphrey is a public figure, anyone can say pretty near anything about him that’s isn’t known to be false, without consequences. You’d be right about both those things, and into the bargain, you’d be saying very much what Brewington’s appellate lawyers say in their brief. Dan Brewington can say bad things about a judge and a psychologist. It’s the American way.

Apparently, Dr. Connor didn’t evaluate the custody matter the way Brewington thought he should, so he began asking questions. He learned that, contrary to Indiana law, Dr. Connor was serving an Indiana court without being licensed to practice in Indiana (he was licensed in Kentucky). Moreover, the original judge in the case had ex parte contact with Dr. Connor and Brewington, who was representing himself, called him on it and forced the judge to recuse himself.

Then Brewington started demanding to see the entire case file in Dr. Connor’s possession. He didn’t want just his final report, but wanted to know how he’d arrived at his conclusions. That’s something every trial lawyer is entitled to and, since Brewington was acting as his own counsel, he should have gotten it, but he never did even though at one point Dr. Connor promised it to him.

So, having been denied custody of his children as well as the reasons for the denial, Dan Brewington got mad. Despite his anger, he never threatened anyone, never stalked anyone, never acted violently. No, what he did was to seek redress of his grievances as he’s entitled to do under the First Amendment to the United States Constitution. He filed motions, all of which were denied. He wrote letters to Dr. Connor. He threatened filing suit, although he never did. He complained to a professional disciplinary body in Kentucky.

It’s true that he often used intemperate language. He called the judge a ‘child abuser’ because he took his children from him without reason. He suggested that Dr. Connor is a ‘pervert’ because, in his interviews with clients, he asks sexually specific questions of women but not of men.

But as we all know, even intemperate language can be protected speech. The First Amendment doesn’t protect only words acceptable to the Women’s Christian Temperance Union; it protects lots of speech that many deem offensive, and that’s particularly true when the speech is directed at public figures like Judge Humphrey. As Brewington repeated time and again on the websites that were his main mode of communicating his opinions, his goal was to reveal and condemn the terrible dysfunction of family courts. (Don’t we all?) And that, my friends, is protected speech. We Americans get to criticize our public officials and our public institutions; it’s one of the greatest things about this country.

But Judge Humphrey and the local prosecutor don’t agree. They think that speech that’s critical of judges and their hired experts should be stamped out if at all possible. Otherwise, people might get the idea that, well, the family court system is dsyfunctional and needs to change, and we can’t have that.

So the DA trumped up six charges against Brewington that frankly were designed to punish protected speech. With the assistance of the trial court that issued jury instructions that failed to remind the jury about the protections afforded by the First Amendment, and with the ineffective conduct of his trial lawyer, Brewington was convicted of five of the six counts and sentenced to serve five years in prison.

Family judges tell us pretty much nonstop about their concern for children’s welfare. According to them, they’ve never taken a breath that wasn’t in “the best interests of the child.” But of course that’s pure nonsense, and this case shows it. The fact is that Brewington was an obnoxious litigant. I’m sure he was a pain to all concerned. But if Judge Humphrey were truly concerned with the man’s two children, he’d have set aside whatever animosity he had toward Brewington and recognized that the girls need their father. Again, there was never a claim that Brewington was violent, hurtful, neglectful or in any way less than a loving, caring, capable father.

But now his girls won’t see him for five years and probably not even then. That’s because this judge wasn’t concerned about their welfare; he was concerned about showing Brewington, and all others who may be similarly inclined, just what kind of power family courts have. Question that at your peril. Assert your rights only if you dare. That’s the message to which two little girl’s well-being was sacrificed.

Want To Be A Good Dad? Support Mom And Avoid Father’s Rights Groups

By Trish Wilson
Reprinted with permission of the author

Over the past decade, fatherhood has been all the rage and dads are naturally the talk of pundits on Father’s Day. So let’s say you’re a divorcing dad and you’re having trouble coping. You look for help on the internet and discover the father’s rights movement.

Be warned – avoid father’s rights groups like the plague. According to the pro-feminist men’s group The National Organization For Men Against Sexism (NOMAS), “male supremacist groups (“Father’s Rights”) have caused unspeakable harm to our country and to our children by encouraging abusive fathers, often with little past involvement with their children, to seek custody as a tactic to pressure a mother to return or to punish her for leaving. “Shared parenting”, “friendly parent”, involvement of both parents and other concepts that seem fair and benevolent have instead been used to manipulate courts and legislatures to help abusive fathers. For instance, women are routinely denied custody of their children after being classified as “unfriendly” for asserting that the husband has abused them or their children.” Father’s rights groups prey on confused men angry and sad over the break-up of their relationships by stoking their rage and insecurities. In addition, father’s rights groups encourage men to fight for custody of their children by using harmful tactics that further erode their relationships with their ex’s – and by extension their children.

How can a dad – unemployed or working outside the home – be a good father? Not by fighting for custody or demanding “shared parenting” after divorce or breakup. The best way a dad can be a good father is by providing support to the mother of his children, including both financial and emotional support. According to Florida attorney Elizabeth Kates, “a father’s most important role, and the one common “father factor” in all research that indicates any correlation between father involvement or presence and positive effect on child well-being is: a father who emotionally cares for, financially supports, respects, is involved with, takes some of the work load off of, and generally makes life easier, happier and less stressful for. . . his children’s mother.”

If dad wants to make sure his children thrive he must do whatever he can to ensure that their mother is thriving. Stop fighting for “shared parenting” or sole custody if you are in court. Don’t badmouth their mother. Stop hiring paid mouthpieces that tout the latest psychological theory to show that the children are best off with a dad who had never acted as their primary caregiver. I know this will piss off lots of men but it is the truth.

Don’t believe me? How about the research?

A seven-year study by Dallas’s Timberlawn Psychiatric Institute found the one factor that was the most important in helping children become healthy, happy adults, was the quality of the relationship between their parents. This one factor was more important than giving kids hugs, providing good discipline, building their self esteem, or any other aspect of what is traditionally considered ‘good parenting’.” Other studies found that “the strongest single factor associated with resiliency in early years is social attachment to a primary caregiver. There is considerable evidence linking secure attachment to social and academic competence and positive developmental outcomes, such as improved communication, problem-solving, social relationships and grades” and “the single most important determinant of child well-being after divorce is living in a household with adequate income.”

Even the National Fatherhood Initiative agreed with the mother-needs-support assessment when it found that “the best thing a dad can do for his children is love their mother.” Researcher Michael Lamb, known for his studies of fatherhood, noted that “…the warmer, the richer, the more supportive the relationship he has with the mother, the better he is able to be a supportive and loving father for the child.”

So dads, the message is clear. If you want your children to grow up to be happy and healthy adults, the best thing you can do for them is to make sure that their mother is comfortable, healthy, and happy. When primary caregiving moms thrive, children thrive. And happy children enjoy their fathers more.