Divorce and custody issues are never easy, and things can get even harder if kids refuse to obey a custody order. So what can you do if children refuse to see one of their parents, as ordered by the court?

You can have a judge send them to juvenile detention, apparently. That’s the answer a Michigan family court judge came up with, as she sent three siblings to juvie for refusing to see their father. 

Helter Skelter Order ?

Oakland County Family Court Judge Lisa Gorcyca had ordered three siblings, aged nine to fourteen, to see their father as part of a visitation agreement. The children refused, citing, among other things, that their father hit their mother. According to Judge Gorcyca, there was no evidence of violence. In fact, she believed the mother had brainwashed the children against the father.

But instead of punishing the children’s mother, she chose to punish the children themselves, and that’s where the train left the tracks, so to speak. Some choice excerpts from Judge Gorcyca’s interaction with the 14-year-old boy:

  • “You’re very defiant. You have no manners … There is no reason why you do not have a relationship with your father …”
  • “You’re supposed to have a high IQ, which I’m doubting right now because of the way you act …”
  • “You need to do a research program on Charlie Manson and the cult that he has … You have bought yourself living in Children’s Village, going to the bathroom in public, and maybe summer school.”

Judge Gorcyca sent all three to Children’s Village. There, they would be separated from each other and would be required to have individual visits with their father.

Punishment for Civil Contempt

Behavior that disobeys or disregards a court order is considered contempt of court. Contempt can cover anything from violating a restraining order to disrespecting a judge or court official. Some have criticized the broad authority contempt of court allows to judges, and this may be its first application as to non-party children during a custody battle.

While many have criticized the judge for her language during the hearing, some see the civil contempt charge as her only and final option. Even Hertz Schram, the firm representing the children’s mother, released a statement emphasizing the judge’s legitimate efforts to correctly apply the law to the difficult and contentious case.

Related Resources:

  • Browse Child Custody Lawyers by Location (FindLaw Directory)
  • Michigan judge bullies children in open court for refusing to see their dad (The Washington Post)
  • What Is Custodial Interference? (FindLaw’s Law and Daily Life)
  • Child Custody and Visitation Information by State (FindLaw)

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