VIRGINIA v. YOUNG, aka Kathy Young (Ewell) v. Mark Young


MAIN POINTS / DAMAGES


- In 1989, the court awarded sole custody to my ex-wife without any showing that I had caused harm to my kids, which is the standard set by federal case law interpretation of the U.S. Constitution to meet prior to denial of one's fundamental right to be a parent.


- I was falsely accused of assaulting Kathy. The judge claimed to believe her even though she changed her story four times - each time she told it. Although the assault criminal case was dismissed, the matter was raised in both the family and circuit courts, as if I were guilty, to pretend a justification for not allowing joint or shared custody. However, even if I had assaulted Kathy, which I did not, it was never even alleged that I had harmed my kids. Without a showing of harm to children, states have no legal basis to deny custody.


- My kids were devastated by losing their father at ages 3 (Dara) and 1 1/2 (twins, Carl & Erin) since I had been their primary care taker at home due to an on the job injury.


- I lost parental authority and was reduced to "visitor" status with supervised visitation 4 hours on Saturday and 4 hours on Sunday every two weeks, later I was "granted" unsupervised visitation every other week-end.


- Financial persecution/extortion of my assets: The court imputed wages to an amount 20% higher than my highest income, even while I was receiving workers compensation at 66% income. The court ignored debts incurred for retraining following my injury on the job.


- A complete divorce hearing never occurred even though the circuit court judge stated in the 5/31/90 divorce hearing that a "full-day hearing is needed". He continued the hearing until 12/11/90 specifically for that purpose. On 12/11/90 the court denied me standing due to failure to pay the extortion ("child support").


- COMMENT: First they put a ball and chain on your legs, then fault you for not being able to run. They used the money issue to avoid a complete divorce hearing.


- The attorney signed the June 27, 1990 divorce decree after I had expressed my intent to dismiss him because he advised me to settle the case. I rejected that course in order to have my day in court. I never authorized him to sign a decree which would have prevented a complete divorce hearing. I hired him specifically to pursue fault grounds and the issue of Kathy's fraud in inducing me to come to Virginia from California. My Virginia Bar complaint was dismissed.


  - I was effectively made a prisoner of Virginia in order to maintain any relationship with my kids. As a Californian, I was not allowed to return with my kids from a temporary residence in Virginia to my choice of residence, California.


- My right to be a parent, freedom to contract and freedom to travel were all denied.


- Kathy deserted the marriage to avoid our agreement to return to California. I have this admission on tape. She lied in claiming we could not afford to return to Califonia. My injury settlement money would have been more than enough to move back to CA. The courts refused to address the issue of the agreement and refused to hear issues regarding contributions to the marriage.


- COMMENT: It has been said that one cannot force someone to relocate, yet the State of Virginia has forced me to remain in Virginia to be near my kids after stealing them from me. Its not like I wanted to force her to go to California because she freely made the agreement, promising to return to California basically after the infant twins were weaned. She married a Californian, me. I made the offer to move near her family temporarily out of generosity, not necessity.


- My children lost 1/2 of their heritage due to lack of access to their father, paternal grandparents, uncles & cousins. I was unable to afford taking them to see their grandparents and relatives on my side of the family due to custody battles.


- The court refused to recognize Kathy's neglect of our oldest daughter. Dara's asthma was possibly curable with a vegan diet, yet she never attempted this. Journal of Asthma, Vol. 22, No. 1, 45 (1985).


- My appeals to the Court of Appeals and Supreme Court of Virginia were hindered by inability to afford transcripts.


- In 1994, the court again ordered supervised visitation for me, after I had proven 60 instances of lying by my ex-wife, including lies to the children about me, from which I was forced to defend myself during visits with my kids.


- The court refused to act on evidence such as my ex-wife's admission of desertion, her alienating the kids from me and her attempts to manipulate me with the amount of visitation.


- In 1994, the court diverted the legal issue of custody into the realm of psychology, simply because my kids were asking about my vegetarian diet and because the court failed in its duty to act against their mother upon learning about the numerous lies she told them.


 - In 1994, the court denied my freedom of speech with my children. Although their mother changed her diet from vegetarian to a meat diet, I was blamed for the alleged conflict, and the family court proscribed my speech regarding diet.


- In 1995, I was forced into bankruptcy due to fighting custody battles.


- In 2001, Virginia suspended my driver's license for several months until I could borrow the money to make the extortion payment - so-called "child support".


- My career ambitions were subordinated to the need to fight numerous custody battles. What should have been the most productive years of my life I've spent fighting for my right to be a parent and my kids' right to their father.


- I lived in poverty for 16 years, paycheck to paycheck, from 1989 until 2005, due to custody battles and debts from the same.


- I lost all those years of building equity in a home and still have no home, which I would have been able to have, but for Virginia stealing my kids, effectiively enslaving me in Virginia and being forced to fight for my rights and my kids' rights.


- I've been incarcerated numerous times between 1990 and 2001, for a total of nine months, for either inability to pay or for civil disobedience to illegal orders to pay extortion, so-called "child support".


- QUESTION: How much does the State of Virginia owe me and my children for keeping me in jail for 9 months for debts which I did not incur and for 16 years of the hell they've put us through as outlined above?