| --PEERgroup --Parental Equality Enforcement Resource |
| ____________________________________________________________________________________________________________ |
| 1996 |
| Jan 22, 1996 - Pre-Trial continued until February 14, 1996 at the request of Kathy's attorney. Garry's attorney requests immediate hearing to set some sort of interim or supervised visitation for Terry who has not seen his daughter since September 3, 1995. Magistrate Miller denies request for hearing. Jan 1996 - Garry's attorney tells Kathy at her deposition that Garry intends to request a change of custody of their daughter. Kathy responds with new allegations of sexual molestation of their daughter by Garry that were not previously reported. Feb 2, 1996 - Garry's attorney files request for transfer of custody of Teri Ann from Kathy to Garry. Feb 8, 1996 - Garry petitions for Interim or Supervised visitation rights. Court denies request for visitation saying it will address this issue at hearing set for February 14, 1996. Feb 12, 1996 - Magistrate Miller grants Kathy's request to continue hearing set for February 14 to March 13, 1996. Garry files objection to continuance. Feb 15, 1996 - Garry files request with Miller for a hearing solely for the purpose of establishing some sort of temporary visitation arrangements. Feb 22, 1996 - Kathy files police report regarding Sept 2,1995 Walgreen's molestation accusation. Feb 26, 1996 - Magistrate Miller responds that Garry's visitation request will be addressed at hearing now re-set for March 13, 1996. Feb - March 1996 - Kathy is involved in several separate incidents at Teri Ann's school that result in police reports being filed against her by the principal and a teacher. Police reports site charges of trespassing as well as other disturbances. One police officer testified in Bonaventura's courtroom that Kathy made threats to physically harm a teacher. In addition, a first grade classmate of Teri Ann's is accused of molestation by Kathy and Teri Ann for allegedly poking Teri Ann in the butt while standing in line at the school. The teacher testified in Bonaventura's court that Kathy requested that the boy be reported for sexual molestation. March 5, 1996 - Kathy files for a protective order with the Lake County Prosecutors Office, which is granted, making false accusations against Garry as well as requesting that he not be allowed to contact her or Teri Ann. Specifically requesting Garry not be allowed to attend "school activities, church, daughter's activities: plays, modeling, singing, dancing and martial arts lessons, etc." March 6, 1996 - Kathy persuades an outside social worker Susan Dolan, to write a letter to Kathy's attorney claiming that Teri Ann is afraid of her father that he molested her. The court-appointed evaluator, Dr. Rebesco reported "It should be noted that Ms. Dolan's statements were based on three hours of contact with Kathy, two of which also included Teri Ann. There is no record of the child having been seen alone. Garry Cook was not contacted." March 7, 1996 - Kathy's attorney files objection to Garry's request for visitation with his daughter, Teri Ann. March 13, 1996 - Magistrate Miller agrees to grant Kathy's request for a continuance. New date for hearing to be announced by Magistrate Miller. March 16, 1996 - Kathy sees Garry & his sister Lori in coincidental meeting at reference library. Kathy confronts them, then files police report and pursues stalking charges and for violation of a restraining order recently issued (see March 5, 1996). March 21, 1996 - Magistrate Miller re-sets hearing for April 9, 1996 March 29, 1996 - Kathy's attorney, Wendell Goad II, petitions Judge Miller to allow him to withdraw from the case. April 4, 1996 - Garry's attorney files a pre-emptive objection to any further continuance requests which further delay due process for Garry and his daughter Teri Ann. Herbert Shaps files appearance as new attorney for Kathy Cook. Hebert Shaps files request for continuance of April 9, 1996 hearing. April 8, 1996 - Garry's attorney files stipulation regarding request by Shaps for further continuances: that the court appoint an evaluator to assess issues of this case. April 9, 1996 - Magistrate Miller appoints Dr. Marguerite Rebesco to, “assess the strength of the accusations and provide direction in the best interest of this child.” Court orders Garry and Kathy to both make appointments to see Marguerite P. Rebesco, Ph.D. Court continues hearing of April 9, 1996 generally (i.e., no future hearing date is set) pending parties meeting with Dr. Rebesco. May 23, 1996 - Garry's first appointment with Dr. Rebesco. Kathy refuses to make appointments for herself or Teri Ann with Rebesco. June 24, 1996 - Garry files request for sanctions against Kathy for non-compliance with court order requiring Kathy and Teri Ann to meet with Dr. Rebesco. Garry's attorney files motion with Miller to reinstate Garry visitation rights immediately. Miller sets hearing for August 21, 1996. July 3, 1996 - To retaliate for Garry's June 24, 1996 request for sanctions, Kathy files request to increase Garry's child support payments. July 15, 1996 - Letter from Kathy’s attorney, Herbert Shaps, making excuses for Kathy and Teri Ann's delay in scheduling appointment with Dr. Rebesco in part because Kathy adn Teri Ann "went on vacation." July 24, 1996 - Garry files motion for the court to compel Kathy to comply with court order to set appointments with Rebesco. Kathy and Teri Ann have still not seen Rebesco. Garry had his appointment on May 23, 1996. Garry also files motion to force Kathy to produce audio tapes she claims she has made of their telephone conversations. Aug 5, 1996 - Kathy perjures herself again by filing false contempt citation claiming that Garry is behind in child support. Garry later to be found not to be delinquent in child support. Aug 7, 1996 - Garry's attorney files SECOND pre-emptive request asking Magistrate Miller not to grant a continuance of hearing set for August 21, 1996, should a continuance be requested by Kathy and her attorney. Aug 9, 1996 - Kathy's attorney requests continuance of August 21, 1996 hearing. Continuance granted by Magistrate Christina Miller. Hearing re-set for Sept, 4 1996. Aug 12, 1996 - Kathy finally has first appointment with Dr. Rebesco. She delayed for a period in meeting with Dr. Rebesco who was agreed upon in court April 8, 1996. [PEERgroup note: Garry had his appointment on May 23, 1996]. Aug 16, 1996 - Garry files request for sanctions against Kathy for non-compliance with court order requiring meetings with Dr. Rebesco. Sept 3, 1996 - One year has now passed without Garry Kirk having any contact with his daughter. Sept 4, 1996 - HEARING: Kathy asks the court to award her emergency funds, claiming that she cannot meet with Rebesco due to financial hardship. Kathy also asks court to appoint Susan Dolan, a social worker [See March 6, 1996], whom Kathy would prefer over Dr. Rebesco, a Ph.D. No visitation granted for Garry at this hearing, Dr. Rebesco reaffirmed as evaluator and next hearing set for October 1, 1996. Sept 6, 1996 - Kathy takes Teri Ann to see Dr. Rebesco for first visit. Sept 25, 1996 - Garry has second (final) appointment with Dr. Rebesco. Sept 30, 1996 - Kathy's Second appointment with Dr. Rebesco. Oct 1, 1996 - Kathy requests a continuance for the hearing October 1, 1996. Magistrate Miller grants Kathy a continuance. It is re-set for October 10, 1996. Oct 10, 1996 - HEARING: Attorney Cheryl Moultrie is appointed as guardian ad litem (attorney appointed to represent the interests of the minor child, Teri Ann). No visitation set for father Garry Kirk with daughter Teri Ann. Evaluations by Rebesco and assessment by Cheryl Moultrie ordered to continue. Next hearing date to be determined. Oct 14, 1996 - Kathy has third (her final appointment) with Dr. Rebesco. Nov 4, 8, 12, 1996 - Cheryl Moultrie attempts to set up Kathy's appointments without success. Nov 12, 1996 - Garry's attorney again requests a hearing to set interim/temporary supervised visitation for Garry with his daughter. Nov 18, 1996 - Garry has first appointment with Cheryl Moultrie. Nov 19, 1996 - Kathy’s first appointment with Cheryl Moultrie, the appointment was set-up through Kathy's attorney. Nov 27, 1996 - Dr. Rebesco’s report issued stating among other things: “The findings of this study raise strong question concerning the emotional health of Kathy Kirk.” "The hallmark of a competent parent is the ability to support his or her child in a relationship with the other parent. Kathy Kirk lacks this ability." "Garry Kirk presents as a sound, motivated man, who poses no threat to his child. Both he and Teri Ann have the right to and need for a relationship." “It is recommended that Garry & Teri Ann become immediately involved in professionally-directed reunification efforts” "Kathy Kirk has consistently rejected any notions that Teri Ann and Garry might reestablish a healthy relationship..." “It is recommended that Kathy Kirk immediately become involved in weekly psychotherapy with an individual highly trained in issues of reunification following abuse allegations” “If Kathy is not cooperative in attendance or if treatment success appears unlikely within four months, treatment should be terminated. At such point, Kathy’s parental fitness would merit formal study.” “If remediation appears unlikely by this more conservative means, a caretaking reorganization that would allow Teri Ann the opportunity to develop independent perceptions should be considered.” "...an acceptance of the estrangement from Garry as irreparable would look past the ongoing dangers posed to Teri Ann by Kathy's current thinking." "It is acknowledged that efforts to reunite Teri Ann with her father will certainly fail if Teri Ann remains solely in her mother's care and Kathy maintains her current position." "If such cannot reasonably occur within four months due to Teri Ann's professed resistance [PEERgroup note: Fear? Professed resistance...see Parental Alienation Syndrome], an alternate residential setting that would promote Teri Ann's health may need to be considered." Dec 9, 1996 - Guardian ad litem, Cheryl Moultrie, files her first of three reports with the court, stating in part: “[Katy is an]...extremely manipulative, narcissistic woman with a symbiotic relationship with her daughter and she is a ‘stage mother’. She systematically ‘schools’ Teri Ann on how to behave, what to say, how to make ‘momma’ happy.” “This is very pathological, destructive parenting between mother and child which impedes any true individuation of the child. This ‘creation’ of a child as a clone of the mother’s feelings has resulted in a very unchild-like child who can very intelligently mimic the mother’s language, thought, and behavior. Teri Ann's demeanor, posture, behavior and language seemed very ‘perfected’ through rehearsal and performance” Teri Ann questioned Cheryl Moultrie if she “had a crush on him [Garry]?' Then repeatedly through her tears, ‘do you have a crush on him or what?’" [PEERgroup note: Are these the concerns of a daughter who hates her father or of a daughter who is jealous of her father’s love--worrying that someone else has become the recipient of her father’s affection in her absence?] Summary of Impressions... “Kathy Kirk relates to Teri Ann as a manipulative and destructive controller under the guise of absolute devotion to the child. She has ‘programmed’ Teri Ann Cook to reject her father, his name and to internalize adult problems. She has made Teri Ann so dependent on Kathy that she turns to her for her life’s ‘script’. The very language that the child uses is adult language which might be confused with just articulate speech and a smart child, however, Teri Ann's ideas are the tainted, prejudicial, and destructive ideas of the mother. It is very questionable in my mind that the molestation ever occurred considering the mother’s pathology, the pathological symbiosis between mother and daughter and the father’s history, re-stabilization of his life, his character and explanation of all events. The child will not engage with any adult the mother does not support and the mother rarely allows Teri Ann out of her sight. The mother’s paranoia and interest in controlling everyone and everything around her militates against her allowing anyone into ‘Ann's’ life where Kathy is not the main part and the ‘director’. Kathy has also taught Teri Ann to flee any situation that does not invite Teri Ann's performance. My greatest concern is that Kathy will sabotage any plan for the child to get professional guidance in reunification with her father.” Recommendations... If no progress is made with reunification [within four months] then “...an alternate setting for Teri Ann shall be determined by this court to promote Teri Ann's health.” and... “If all of these therapeutic interventions in this order are not useful to meet the goals outlined for Kathy, Garry and Teri Ann, then the court shall order a formal custody evaluation for the child.” Dec 11, 1996 - Kathy's attorney requests that that the court remove Dr. Rebesco and Cheryl Moultrie, the guardian ad litem, from the case. Court denies. Dec 12, 1996 - Garry's attorney files motion to prohibit Kathy from removing Teri Ann from the county of jurisdiction in this case (i.e., fleeing the state). Kathy's attorney files motion requesting that Kathy be allowed to leave the state on vacation. Dec 16, 1996 - Hearing before Magistrate Christina Miller, continued because Herbert Shaps was in jury trial, he appeared briefly, but not long enough to present Kathy’s case. Rescheduled for Dec 20th. Dec 20, 1996 - Hearing: Herbert Shaps advises Magistrate Miller he was terminated and withdraws from case. Kathy advises court she discharged him last night. She wants hearing to be continued to allow her opportunity to retain new council. Magistrate Miller appoints Judith Themer Phy. D. at Southlake Mental Health to, “Supervise reunification of father & daughter, intended to lead to the restoration of visitation of daughter by father.” per Dr. Rebesco's recommendation. Garry files a request for sanctions against Kathy for non-compliance with court orders. |
| 1995 1997 |
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| "All the cards were marked in advance. The trial was a pig-circus, he never had a chance." - Bob Dylan, Hurricane |