SUMMARY: VIRGINIA v. YOUNG (1988 - 2001)       

a/k/a Kathy Young v. Mark Young


THE DIVORCE INDUSTRY IN NEWPORT NEWS AND WILLIAMSBURG, VIRGINIA:

The fascist slave masters disguised as lawyers, judges, court clerks, psychologists, social workers and others who conspired to steal my children and deny me: due process of law, equal protection of the law, my liberty interest in my family, my right to be a father; and denied to my children the love, affection, companionship and moral guidance from their father and his family, ie., denied them one half of their heritage, by means of legalized kidnaping and continual extortion which financially crippled me to the point of inability to maintain relations with my children. Thousands of parents across the country, mostly fathers, have been similarly victimized by the divorce industry. This is my story.


THE PERPETRATORS: TRAITORS TO THE U.S. CONSTITUTION

AND TO THEIR RESPECTIVE OFFICES OR PROFESSIONS:

- 1989 - 1990: Attorney Robyn Hylton Hansen of Jones, Blechman, Woltz & Kelly, Newport News, VA

- 1989: Judge Robert M. Jacobi, Newport News Juvenile & Domestic Relations District Court

- 1989 - 1990: Judge Robert W. Curran, Newport News Circuit Court

- 1990: Attorney Darrel M. Harding of Monteith & Harding, Virginia Beach, VA

- 1991: Court of Appeals of Virginia (certain members and/or staff)

- 1991: The Supreme Court of Virginia (certain members and/or staff)

- 1993 - 1996: Judge Thomas B. Hoover, Williamsburg J&DR District Court

- 1994 - 1995: Attorney Stephen D. Harris, Williamsburg, VA

- 1994: Dr. Thomas D. Coe, Psychologist (ex parte "evaluator")

- 1994 - 1995: Judge William L. Person, Jr., Williamsburg Circuit Court

- 1994 - 1995: Judge Russell M. Carneal, Williamsburg Circuit Court

- 1995: Judge Samuel T. Powell, Williamsburg Circuit Court


          Overview     Marriage; Starting a Family; Agreement to temporarily move to Virginia; Kathy's breach of Agreement & conspiracy to steal children with collusion by Virginia Courts; Divorce/Custody Battles in attempts to get the courts to recognize evidence & constitutional law; alienation of my children; bankruptcy; loss of driver's license; and 9 months total in debtor's prison for "failure" to pay extortion/"child support" as a divorce industry slave.


          Background

- August 1981 - I married Kathy in Twenty-nine Palms, California while we were both on active duty in the Marine Corps. I had chosen California as a duty station due to its diversity of choices for a legal education.


- Fall 1983 - I separated briefly from Kathy, neither of us having plans to start a family. We reconciled. I was honorably discharged in December 1983, completed college, began an electrician correspondence course, and worked when I could in a scarce job market. We eventually began to discuss having children. We planned to relocate to the San Diego area where I could find electrical work and go to law school at night.


- 10/8/85 - Dara, our first daughter, was born.


- Winter 1986 - 1987 - While living near Oceanside, California and upon learning Kathy was pregnant with twins, I offered to postpone my law study plans and temporarily move to Virginia for up to 1 or 2 years, not out of necessity, but so that Kathy could be near her parents, with the following conditions:

1) that we would return with the children to California within one to two years and

2) that Kathy's parents would honor our intent to raise the children as vegetarians. I had been vegetarian since 1974 and she became one before marrying me. Kathy agreed, and promised both conditions.


- 4/3/87 -Twins: son Carl and 2nd daughter Erin were born. We temporarily moved to Virginia as agreed.


 - 8/25/87 - I was injured on the job while working as an electrician in Norfolk, Virginia, and underwent three surgical procedures to my hand due to two unsuccessful tendon grafts, between the time of injury and February 1988. Due to inability to predict the strength of the tendon graft I was medically proscribed from further work as an electrician.


- Fall 1987 - Residency established. Income setback. Kathy becomes nagging wife. Problems began approximately 6 months after moving from California. We established residency in Virginia and became subject to its court jurisdiction. Due to a severed tendon and nerves in my hand, it was a long healing process. I received worker's compensation at two thirds income during rehabilitation and had to wear a dynamic splint on my left hand for about 8 months while caring for two infants and a toddler at home. Kathy became increasingly nagging and quarrelsome, and acted as if I was a derelict for not working. I needed to retrain. She could not deal with my temporary income setback.


- 12/31/87 - Slander. After an obvious attempt to provoke me, out of curiosity I noticed that Kathy had removed her handgun from where we kept it. It was her gun. But I realized what she was doing: implying I was dangerous to seek grounds for cruelty.


          1st Desertion

- February 1988 - Kathy stabs me in the back, pretends I am a threat, falsely claims to have legal custody of kids. While I visited with relatives and friends in North Carolina for the first time since we moved from California, Kathy took the kids, moved most of the furniture and all the children's belongings out of our co-op townhouse and moved in with her parents in Hampton, Virginia, pretending I was a threat to her safety, and falsely claimed to have legal custody of the kids.


- March 1988 - Slander. While being forced to visit my kids at my in-laws house, Kathy's mother slanderously accused me of being careless about leaving the twins in the living room while I went outside with Dara. But she was present in the kitchen adjacent to the living room and I had informed her I was stepping outside. Kathy and her parents conspired to steal the children from me by false accusations.


- 3/10/88 - Virginia holds my children hostage. Kathy & kids moved back into our townhouse after I was forced to sign a pre-separation contract with a Newport News mediator in order to get my children back.


- 8/16/88 - Former employer's slander. Virginia Employment Commission finds me without fault for termination from a "created" light duty job with the employer at the time of my injury. They had attempted to avoid their responsibility by slandering me: they falsely accused me of slackness and incompetence.


- Fall 1988 - Attempt to reconcile/save marriage. Even though our first priority should have been my retraining, and since I thought we had reconciled our relationship, I agreed to support Kathy entering a full-time college program after she affirmed our agreement to return to California. I, at least, was trying to save our marriage.


- 10-21-88 - Attempt to retrain. I enrolled in the ICS Paralegal School to study at home while taking care of the children.


- 12-10-88 - Kathy reveals intent to dictate my life by exploiting the corrupt court system. After Kathy revealed she did not intend to honor our agreement to return to California, I put the agreement into writing. She refused to sign this writing, but authored her own version admitting that the basic elements were true. She added new conditions citing "marriage deterioration" and insufficient funds to return to California. She caused the marriage deterioration and contributed to lack of money by going to school full-time rather than working full-time as an electronics instructor, which would have helped me produce income much sooner.


- 12/10/88 - 1/89 - Lies & Slander. Kathy consults Battered Women and Crisis Center, Newport News protective agencies, and claimed I was attempting to "force" her to sign my agreement. But she had already admitted to it in her writing. See the handwritten documents from 1988.


- 1/16/89 - Virginia Industrial Commission attempts to dictate my life: deny religious freedom. I appealed an Industrial Commission (Worker s Compensation) decision denying full benefits based on my former employer's continued false claim that I had been terminated for fault and my refusal of job offers from employer's agent on 1st Amendment religious grounds: 1) I refused to sell meat and tobacco products as a cashier in convenience store 2) I refused to shave my beard in order to work as a security guard. The Opinion dated 1/11/89 contained defamatory factual errors and denied my 1st Amendment right to freedom of religion: non-violent, vegetarianism and my right to wear a beard.


- 1/17/89 - I completed the ICS course for legal assistants.


          2nd Desertion

- 1/19/89 - Kathy attempts to provoke me by entering my room uninvited. I gently nudged her out of my bedroom to avoid further contact. We were sleeping in separate bedrooms at the time.


- 1/20/89 - False Accusation of Assault. Kathy again attempted to enter my room uninvited to provoke me. When I started to again nudge her out of my room, she straight armed me back into my room in retaliation for the previous evening, so I responded by pushing her out of the room. This was my private space for the purpose of avoiding her verbal harassment as per our pre-separation contract, which she was invading. My pushing her was a spontaneous defense to her pre-meditated attack on me in trying to force her way into my room. I then called the Crisis Center to obtain advice on how to avoid her further attacks/provocations. Kathy overheard my conversation with The Crisis Center, then called them and lied about the pushing incident, exaggerating that I had brutally attacked her. She was able to leave with the children under police "protection" after falsely accusing me of assault. We both filed assault charges. I was charged and arrested, due to police policy of presuming the man guilty in such cases. Kathy was not charged. That is the truth. May God strike me dead if I have exaggerated one bit. I did not assault her.


- 2/8/89 - JDR Court steals my children without legal justification. "Judge" Robert M. Jacobi, Newport News Juvenile & Domestic Relations Court granted sole custody of the children to Kathy, allowing me only supervised visitation at the in-laws residence, for 4 hours on Saturday and Sunday every two weeks, even though I had been prime-caretaker of the children prior to separation. It was as if I was being punished for being the prime-caretaker, due to my injury. I appealed to the Circuit Court.


- 2/89 - Out of shock, confusion and desperation at having my kids stolen from me, I was forced to quickly settle my insurance claim for a lump-sum award in order to pay legal fees and to attend paralegal school to retrain myself to earn a living.


- 3/8/89 - "Assault" hearing - They continued the hearing until 8/89 pending dismissal upon "good behavior". Though later dismissed in August 1989, the assault charge was hanging over my head and used as weapon against me in both the JDR custody hearing and at the custody appeal hearing on 4/24/89 in the Circuit Court.


- 4/24/89 - Circuit Court affirms unconstitutional custody order stealing my children. "Judge" Robert W. Curran, Newport News Circuit Court, claimed to believe Kathy, even though she changed the assault story each time she told it in court— 4 times total. The "judge" affirmed the sole custody order, but allowed independent visitation every 2nd week-end and for 4 hours on Monday following non-visitation week-end. First they strip you of everything, then they trickle down a measly reward - a few crumbs from the divorce industry table. In the divorce game, lawyers, in playing the rescuing champion of an allegedly abused parent, have to villainize the losing parent in a false justification for destroying a family.


- Imputed wages: Court imposed extortion and slavery. The original support award- upheld on appeal, imputed my wages at $20,000 for child support purposes, after 1) I had lost my occupation due to injury on the job 2) I had debts from retraining and 3) when my highest wage ever had been only $16,000 per year.


- May 1989 to January 1990 - I moved to Arlington, Virginia to attend paralegal school. I completed the full-time program at The Para-Legal Institute with the highest grade to date on the comprehensive final exam.


- January 1990 - Attempt to work and live near my children. I moved to Norfolk and worked as a title abstractor to be near my children, but meager pay and debt from school prevented my paying extortion/child-support after November 1989. My insurance money from the injury had run out.


- 5/31/90 - Refusal to sell my children. Attorney abandons me. The divorce hearing begins after my 3rd attorney, Darrell Harding, coaxed me, literally as entering the courtroom, into waiving fault grounds by promising that the scope of the hearing would not be affected and that this would help in addressing the custody issue. "Judge" Curran stated he did not have time on his docket that day and continued the case until 12/11/90 for a "full day" hearing. Attorney Harding then threatened to withdraw from my case unless I would agree to settle - drop pursuit of custody - in exchange for reduced child support. I refused to sell out my right to a custody hearing. Harding withdrew for continuance purposes regarding custody, but handled issuance of a no fault divorce decree, dated 6/27/90 and the signing over of vehicle titles, etc. The matter of custody was thwarted, by delay until December 1990. Justice delayed is justice denied.


- 12/11/90 - Debtor's prison. I could not earn enough in Norfolk as a title abstractor to contribute anything toward child support. Even Harding had stated that under the circumstances of having to retrain following injury, little or no child support should have been required. However, at the continuance hearing, I represented myself and the only issue allowed was the show cause motion for non-payment. I was thrown in debtor's prison for 30 days, causing loss of recently improved earnings from independent contract title work. Again, hearing of the custody issue is thwarted. The money issue prevented a complete divorce hearing. Due process is denied.


- January 1991 - Upon release from jail, I moved back to Arlington for higher wages. I could not earn enough in the Hampton Roads area as a title abstractor and could not find work as a paralegal after applying for numerous job openings. I appealed the divorce decree pro se.


- 12/3/91 - The Court of Appeals of Virginia affirmed the divorce decree citing no reversible error, even though a complete divorce hearing on custody, contributions to the marriage and property rights issues, including the agreement to return to California, never occurred. Due process is denied.


- 12/30/91 - The Supreme Court of Virginia rejected my papers. I could not afford a transcript of the only recorded hearing 4/24/89, nor could I afford an attorney, thus I could not prepare a "proper" appeal brief. They refused to accept my best efforts to represent myself. Because I could not afford a lawyer, my right to be a father was thwarted. Due process is denied.


- 4/30/92 - Breach of contract - Federal Court. I filed a breach of contract complaint in Arlington Circuit Court and in the U.S. District Court, Eastern Virginia attempting diversity jurisdiction due to my intent to remain a California resident being manifested in acceptance to law school.


- 7/31/92 - The U.S. District Court dismissed the breach of contract suit without prejudice due to lack of diversity jurisdiction, since I was Virginia resident. Federal Judge Ellis suggested I could try to file suit in Virginia.


- 9/2/92 - Malpractice complaint. I filed a malpractice complaint against Darrell Harding for his advice to waive fault grounds for divorce, reasoning that if the circuit court had not been in error for no divorce hearing, then the attorney's advice to forego fault grounds had to have been the reason for no proper divorce hearing . In responding, both attorneys who were at the 5/31/90 hearing admitted that the judge did say that a full day hearing was necessary. Yet, it never happened.


- 1/4/93 - The Virginia Bar dismissed the malpractice complaint stating that it was "sound legal advice" of Harding to drop pursuit of fault grounds, even though dropping fault grounds precluded the full hearing on custody and the contract to return to California, the very issues I hired the attorney to address. Black is white and white is black. Due process is denied.


- 4/3/93 - Breach of Contract - Virginia Court. I served the breach of contract complaint in the Arlington Circuit Court. The case was transferred to Williamsburg and James City County Juvenile and Domestic Relations District Court.


- 6/24/93 - I filed a petition for sole custody in the Williamsburg JDR District Court.


- 8/18/93 - JDR Court Judge Thomas B. Hoover dismissed the breach of contract complaint for lack of jurisdiction and ordered home studies for determination of custody.


- 10/29/93 - Sole custody hearing. I severely discredited Kathy and her new husband with statements of the children since 1989. The judge accepted the statements into evidence as true rather than hearing the children's testimony. But he denied the sole custody petition. He ordered Kathy and I to counseling with a mediator for a one meeting lecture. My right to be a father is denied. Legal issues are diverted into the psychology realm, adding further insult to injury.


- 11/19/93 - Joint custody hearing. I filed a joint custody petition because the judge would not address the issue of joint custody in the sole custody hearing.


- 2/23/94 - "Judge" Hoover denied the joint custody petition, even though I cited my daughter's statements which clearly showed her distress due to lies told to her by her mother. The evidence was ignored. My right to be a father is denied.


- 2/25/94 - Visitation refusal. Arrest for trespassing. Hunger strike for justice. Kathy refused my visitation and contacted the judge by phone. Protesting, I was arrested for trespassing at the Williamsburg Courthouse in order to immediately speak to a judge or magistrate to enforce visitation. Kathy was allowed to speak to a judge by phone, but I was thrown in jail for trying to see a magistrate. While incarcerated, I began a hunger strike for justice.


- 3/8/94 - At the hearing on my show cause motion for visitation denial and Kathy's subsequent motion to restrict visitation, "Judge" Hoover suspended my visitation pending psychological evaluations of both parents and all three children. I refused to cooperate citing the legal problem of NO DUE PROCESS, not a psychological problem, as the cause for the children being in conflict.


- 3/9/94 - As conditions for ending my 15 day water only hunger strike, Commonwealth's Attorney Fairbanks promised: 1) my daughter would be allowed to testify to corroborate evidence against her mother 2) sanctions imposed on me would be lifted 3) a complete hearing on all divorce matters, and 4) the trespassing charge would be dismissed.


- 3/11/94 - I filed a motion to rehear in JDR court as instructed by the commonwealth's attorney and complied with the order for psychological evaluations.


- March 1994 - Excluded from psychological evaluation process. Psychologist, Thomas Coe, canceled my appointment and refused to evaluate me as directed by the court. Coe's prejudice is blatantly obvious. The APA guidelines call for the same evaluator for all family members. I was excluded from the evaIuation process, and had to go to my own counselor for evaluation. This was in effect an ex parte hearing. I was denied the right to face my accuser.


- 5/13/94 - Unconstitutional order restricting my speech. Despite the fact that Kathy caused any conflict regarding diet when she changed her diet, "Judge" Hoover ordered supervised visitation proscribing my speech with the children as to diet, leather clothing, and the court case, based on the prejudiced evaluations by the "psychologist" who refused to interview me. On my motion to rehear, Hoover refused to hear divorce matters never addressed and refused to let my oldest daughter testify (8 ½ years old) as per the commonwealth attorney's promise to me. Due process is denied. Evidence is ignored.


- Evidence of Kathy's fraud. During a visit sometime after Kathy made diet an issue by reverting to a meat diet, my kids informed me that their mother told them she had consumed meat behind my back even before we moved from California to Virginia, further proof that she lied and fraudulently induced me into moving to Virginia. She had pretended to be a vegetarian to get me to agree to move to Virginia.

 

- 5/16/94 - Court refuses to provide copy of the "psychological evaluation". I appealed the supervised visitation and speech restriction order and refiled the motion to rehear in the circuit court. The JDR court refused to give me a copy of the 9 page psychological evaluation, even though I was representing myself.


- 7/11/94 - I finally obtained a copy of the evaluations from the circuit court file for review and response.


 - 8/1/94 - Fraud & Breach of Contract Complaint. I filed a fraud and breach of contract complaint in the Williamsburg Circuit Court after Judge Person, who inquired at the docket hearing as to whether fraud was involved, requested a more formal complaint than the motion to rehear (divorce matters). My 38 page complaint explained how my discrediting Kathy revealed her fraud beginning in 1989, and demonstrated her 5 ½ year attempt to conceal it with at least 60 instances of lying, in order to maintain the facade of lies she told which allowed her to obtain custody in 1989.


- 8/3/94 - I subpoenaed my oldest daughter and was informed she would be in court; I also subpoenaed the psychologist's records of evaluations of the children, having shown in my Response To Evaluations how all of the serious accusations against me were refutable, unsubstantiated generalizations based on the psychologist's speculation.


- 8/18/94 - Flawed psychological evaluations. My psychological counselor wrote a letter expressing his objections to Dr. Coe's evaluations of the children, stating that interview of both parents by the same counselor is the proper protocol to obtain a proper context for interpretation of data, and that further evidence of bias is shown by Dr. Coe's failure to expound on positive elements regarding the children's father. He recommended a second opinion by another psychologist who would interview both parents. Dr. Coe said absolutely nothing negative about the only parent interviewed, the mother, and without ever meeting me, blamed me for the conflict to which the children were subjected by the mother - the diet issue. Dr. Coe used statements of the younger children (6 years old when last with their father), who were even more subject to manipulation by their mother, who told them that their father had gone to jail because he was "bad". The courts allowed this "evaluation" as the basis for denying my custody and freedom of speech. Cover up. Due process is denied.


- 8/22/94 - The circuit court judge upheld the order for supervised visitation restricting speech, refused request for a second psychological opinion, would not hear the fraud & breach of contract complaint or divorce matters, and my oldest daughter again was not allowed in court. Another non-hearing, denial of due process, obstruction of justice.