Many don't have the will to take the case to trial when the other parent won't relent. Our client did and with our representation, her son is now protected from further abuse and she is protected from more false allegations against her
Orange, CA (PRWEB) September 19, 2012
It was a lengthy and contentious child custody trial in family court. Orange County divorce lawyer, B. Robert Farzad, partner at Farzad & Mazarei, successfully represented a wife and mother whose husband accused her of abusing their 12 year old son. The father made multiple complaints with local law enforcement and persisted with those allegations in family court. The mother denied the allegations. She alleged the father was emotionally abusing their son.
After both the father and mother's testimony and that of a forensic psychologist as well as extensive argument and presentation of the case by the lawyers for mother and father, the Orange County Family Court Judge, in a 10 page written opinion, awarded the mother sole legal and sole physical custody. The court took nearly all of father's visitation away because it found the father had "severe and unresolved anger and hostility", that he projected onto their son and the young boy was "suffering under the emotional weight of that pressure." The court found father's allegations of abuse to be false.
"We were not mother's first attorney on the case. When we came into the case, we were disappointed with what we saw had occurred prior to our representation. Therefore, we pushed the case forward and to trial immediately when settlement discussions failed. This was an emotionally difficult trial for my client but, in the end, justice was done and this young boy was protected," Mr. Farzad states.
The family law case (Orange County Superior Court case number 09D007638) is an important validation that family courts do take false allegations of abuse against a parent and actual emotional abuse of a child seriously. "Emotional abuse is not always as clear as its physical counterpart," Mr. Farzad states. "In emotional abuse cases, the evidence has to be compelling and good investigation and strong representation is important."
The same is true about false allegations. It takes courage for a parent in a family law case to defend false allegations and take the case to trial. "A parent falsely accused has the choice to fight or surrender. Many don't have the will to take the case to trial when the other parent won't relent. Our client did and, with our representation, her son is now protected from further abuse and she is protected from more false allegations against her," Mr. Farzad states.
The father in the case, who had significant visitation time with the child, saw that time drop to less than 1% after the family court's judgment. All of his overnight visitation was taken away.
But what about the cost of the trial? "For the custody trial and the custody related hearings that led up to it, we asked the court to award approximately $61,000.00 in attorney fees against the father pursuant to Family Code section 271, which is designed to sanction a party in a divorce for misconduct that causes unnecessary lawyer's fees. The Court awarded $60,000.00 against him. My client was very pleased."
About B. Robert Farzad: Mr. Farzad is a partner at Farzad & Mazarei. The divorce and family law firm is located in Santa Ana, California.