this was from another group - and further proof that
the claim there isnt a bias against fathers and NCP's
is a lie.




> NEWS RELEASE
> Monday, August 9, 2005
>
> FAIRFAX, VA, Yesterday Judge Davis sentenced a
Virginia father to 6
> months in jail for attending his handicapped son's
class party at
> Springhill Elementary in McLean last June 17th.
>
> Mr Smith was warned in advance by several attorneys
that it didn't
> matter if he proved he was innocent that he would
still be
> convicted. The idea that attorneys belive that
being innocent
> won't help certainly gives plenty reason for concern
about with out
> "justice" system.
>
> While the outcome of the "trial" was never really in
doubt what was
> surprising was how obvious the kangaroo ears were in
the courtroom
> (Kangaroo Court). Judge Davis turned angry and
verbally abusive
> when Mr. Smith was called to testify. Judge Davis
threatened to not
> let Mr. Smith testify in his own defense as required
by the
> Constitution when Mr Smith started to explain that
his son was in
> Special Ed and not first grade. Judge Davis in a
very angry and
> harsh tone told Mr Smith that if he didn't want to
play by the
> rules and say "yes" or "no" that he wouldn't listen
to him. Since
> Mr. Smiths son has Down Syndrome and is in Special
Ed but spends
> part of his day in a first grade classroom the
question couldn't be
> honestly answered with a YES or NO.
>
> Spring Hill Elementary School Principal Roger
Vanderhye gave a very
> interesting revision of history, describing Mr.
Smith going to the
> office and being directed to sign in and take a
visitor pass as the
> office staff being frantic and calling him for help.
He described
> teacher Ms. Richards and staff as being terrified of
Mr Smith when
> in fact they introduced themselves, gave Mr. Smith
lunch,
> encouraged Liam to give his father the fathers-day
gift he had
> made. Somehow a principal who was twice as close to
Liam Smith as
> he was to Ms Richards could make out she was
terrified but
> completely failed to notice that Liam hugged his
father, kissed
> him said he loved him and thanked him for coming to
the party. Did
> Roger Vanderhye forget that Mr. Smith has a tape
recording to prove
> Mr Vanderhye lied under oath or is he counting on
the fact that
> Judge Davis doesn't care he is committing perjury.
>
> Both sides agreed Mr Smith walked to the soccer
fields when told to
> leave and that there are no signs, fence or other
indication to
> support their claim that it was school property
instead of a public
> soccer field. Mr Smith presented a photo of the
field with a sign
> that clearly identified it as "McLean Youth Soccer
Field".
>
> The best example of the Kangaroo style Court Judge
Davis presided
> over was with the description of the class,
including Mr. Smith and
> his son, lining up in a single file line to head out
to the soccer
> fields for the three-legged race. This was described
by the
> prosecution as an "evacuation" of the classroom due
to Mr. Smith'
> presence. A close second was when they blamed Mr.
Smith for the
> trauma of the children for being arrested in front
of them.
>
> The prosecutor demanded jail time for the offense of
showing up for
> his sons party, following the rules, signing in,
being quiet, and
> trying to show that he still loved his son.
Apparently having kept
> Mr Smith in jail for Fathers-Day-Weekend wasn't
enough punishment
> for trying to be a good parent.
>
> Judge Davis in issuing his ruling lectured Mr. Smith
on the
> importance of following rules and in a sarcastic
tone asked Mr.
> Smith how many days in jail it would take him to
learn to follow
> rules, it was a very ironic commentary given that
Judge Davis
> hadn't followed the rules of Judicial Conduct, that
he was refusing
> to enforce state law 22.1-4.3 and that the school
had not followed
> the law or school policy. Of the participants in the
trial, Mr.
> Smith was the only one who had followed the rules
and was sentenced
> to jail for having done so.
>
> The 180 day suspended jail sentence, imposed by
Judge Davis, has
> been appealed by Mr. Smith to the Fairfax County
Circuit Court and
> the first hearing will be September 9th.
>
> Schools discouraging or preventing non-custodial
parents,
> especially fathers, from participating in their
children's school
> events is a common statewide problem. While state
law and school
> written policy supports access irrespective of
visitation, some
> schools such as Fairfax County Public Schools have
an unwritten
> policy to the contrary and instructs staff to not
allow access to
> non-custodial parents. In fact Mr. Smith was not the
only father
> convicted of trespassing in Judge Davis's courtroom
yesterday.
>
> On June 17th, Mr. Smith was arrested and handcuffed
in front of his
> 8 year old son Liam who has Down Syndrome. Mr. Smith
was held on a
> trespassing charge for the entire Fathers Day
weekend in solitary
> confinement at the Fairfax County Jail (ADC-Adult
Detention Center)
> before being released on a $1,000 bond.
>
> Mr. Smith lives in Dublin VA and drove over 4 hours
(one way) in
> order to attend his son's class party. There was no
court order
> that prohibited him from attending the school event,
his wife sent
> him an invitation to the party (per court order) and
did not attend
> herself. Both state law VA CODE 22.1-4.3 and school
Regulation
> 2240.3 require the school to allow non-custodial
parents to attend
> their children's school events. Mr. Smiths son was
happy to see him
> and even stated several times that he loved his
father and was glad
> he came to the party. Mr. Smith was not disruptive
and was well
> received by teachers, parents, and students, yet
school principal
> Roger Vanderhye had Mr. Smith charged with
trespassing and arrested
> in front of his son and other first grade students
and their parents.
>
> While spending fathers-day weekend in jail was
unpleasant, Mr.
> Smith is working to make something good out of it.
Mr. Smith wants
> to use the experience to encourage Virginia schools
to follow state
> law and written school policy to allow non-custodial
parents access
> to their children at school in order to make it
easier and a more
> pleasant experience for other non-custodial parents
to participate
> in their children's activities at school.
>
> Mr. Smith wants to make sure nobody else has to go
thru the same
> experience of being arrested and that no other
children are left
> thinking their fathers/mothers didn't attend a
school event because
> they don't love them.
>
> Kangaroo court. Term descriptive of a sham legal
proceeding in
> which a person's rights are totally disregarded and
in which the
> result is a foregone conclusion because of the bias
of the court.
> - Black's Law Dictionary
>
> More information about the incident including
photo's, audio clips,
> and court orders is available at:
>
http://www.liamsdad.org/hall_of_shame/fcps/roger_vanderhye.shtml
> http://www.liamsdad.org/court_case/court_case.shtml
>
> For more information or interviews, please contact:
> Wesley Smith
> 5347 Landrum Rd Apt 1
> Dublin VA 24084
> (can't afford a phone, but if you send e-mail I
could call you back)
> liamsdad@...
> http://www.liamsdad.org
>
> Mr. Smith was represented by:
> Dawn Butorac
> Office of the Public Defender
> 4103 Chain Bridge Rd, Suite 500
> Fairfax VA 22030
> 703-934-5600 x121.
>
> Fairfax County General District Court
> 4110 Chain Bridge Road
> Fairfax, Virginia 22030
>
http://www.co.fairfax.va.us/courts/gendist/homepage.htm
> Clerk of Court, Room 232, 703-246-2153
>
> Fairfax County School Board
> 10700 Page Avenue, Fairfax, Virginia 22030
> 703-246-3646 (voice)
> 703-278-8648 (fax)
> schoolboardmembers@...
>
> Cluster Director -- Denny Dearden
> 703-204-3811
> 2334 Gallows Rd., Dunn Loring, VA 22027
> cluster1admin@...
>
> Roger Vanderhye
> e-mail: Roger.Vanderhye@...
> Spring Hill Elementary
> 8201 Lewinsville Rd
> McLean, VA 22102
> 703-506-3400
> 703-506-3497
> http://www.fcps.k12.va.us/SpringHillES/index.htm
>
> VA CODE 22.1-4.3
>
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-4.3
> Participation by and notification of noncustodial
parent.
> Unless a court order has been issued to the
contrary, the
> noncustodial parent of a student enrolled in a
public school or day
> care center (i) shall not be denied the opportunity
to participate
> in any of the student's school or day care
activities in which such
> participation is supported or encouraged by the
policies of the
> school or day care center solely on the basis of
such noncustodial
> status...
>
> For the purposes of this section, "school or day
care activities"
> shall include, but shall not be limited to, lunch
breaks, special
> in-school programs, parent-teacher conferences and
meetings, and
> extracurricular activities.
>
> Fairfax County School Regulation 2240.3
> http://www.fcps.k12.va.us/Directives/R2240.pdf
> ... A noncustodial parent retains rights to
participate in the
> special education process, to receive information
about the child,
> and to participate in certain school activities
unless a valid
> court order specifically removes or limits those
rights.
>
> ...noncustodial parents have the same rights to
attend events at
> the school (e.g., lunches with children, classroom
visits, school
> productions) as the enrolling parent. No parent,
including the
> enrolling parent, may limit the other parent's
attendance at such
> events, or access to the student at school, unless a
court order
> specifically precludes that parent from attendance
at school or
> access to the student at school. Visitation
schedules contained in
> custody orders do not constitute a specific
limitation on a
> parent's access to schools.
>
> ---------------
> Liam's Dad - Wesley Smith
> http://www.liamsdad.org
> liamsdad@...
>
> Some of those opposed to equal shared parenting
reform argue that
> the Mother should be the primary caregiver because
she is...
> well... the Mother. Such an argument is devoid of
reason and no
> more accurate, or less insulting, than to say that
'Mommy should be
> at home barefoot in the kitchen'.
> ---------------
> Just think back to segregation in the South in the
1950's. It had
> been a way of life for generations. If you were
black, you sat in
> the back of the bus, you used a different bathroom,
you even drank
> out of a different water fountain. Imagine that!
There were laws
> that enforced this; Appellate decisions that upheld
it as good law.
> "That's how it is, just accept it and go on with
your life." Today
> fathers are deprived of their children by the courts
due to the
> same type of senseless discrimination and told by
the judges to
> just accept it and go on with their life. Legalized
discrimination
> hasn't been eliminated, its just targeting different
victims.
>
>
>


Dan Romand
Saratoga County Coordinator/Secretary-FAFNY
Cohost of The Family Forum (www.thefamilyforum.org)
Dan Jr, Amanda, Jonathan, Samantha, Jake & Rebecca's Dad

Do you care about your kids? - Then stop whining about the system and help us
change it!


http://www.FaFNY.org
http://groups.yahoo.com/group/newyorkcivilrightscouncil/
http://thefamilyforum.org
http://noncustodial.meetup.com/52/
http://www.ACFC.org

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