Is this child abuse?

[derspiess]

Curious to know what Languishites' thoughts may be on this case, particularly the legal or legally-inclined types.  The established facts of the case are bolded below.

What I'd like to know is:  Would you consider what the father did qualifies as child abuse?  And do you think he should have custody (temporary or permanent) of any of the children?

http://www.naplesnews.com/news/2011/jul/08/attorney-Jon-Parrish-zip-tie-daughter-custody-case/

Naples lawyer, father accused of zip tying up daughter gets custody of younger girl

NAPLES — For more than a year, Collier County courts have wrestled with a case that raises unique questions about custody and corporal punishment.

With two parents locked in a bitter back-and-forth, the family court has had to decide who can better care for a 12-year-old:

A father and local lawyer who has admitted to tying up another daughter, then-15, with zip ties and threatening her with a shock-producing device?

Or a mother who has been uncooperative in court proceedings and could be trying to turn her children against their father?

Last month, Collier Circuit Judge Lauren Brodie sided with the father, Jon Parrish, agreeing with two impartial third-party experts. The mother, Julie Price, was offered supervised visits but declined.

The ruling has frustrated Price. She argues Parrish shouldn't receive custody as he faces felony child abuse and false imprisonment charges for tying up their older daughter.

"I don't see how anybody can say that isn't against the law," Price said in an interview.

Parrish, whose family court attorney declined comment for this story on his client's behalf, has responded by challenging in criminal court whether Parrish even committed a crime.

"I have the duty and responsibility to discipline my child," Parrish said in court last July.

Parrish, unlike Price, has cooperated with the family court's requests. He also argued Price is trying to turn the couple's two children against him, an accusation backed by an impartial court-appointed counselor. And in recent court filings, he has begun the process of reconnecting with his now-17-year-old daughter — the girl he's accused of tying up.

It's a situation that examines how courts determine custody between imperfect parents, and the limits of corporal punishment.

Tied and threatened

A few details are contested, but the general facts of what happened in Jon Parrish's Naples-area house on May 22, 2010, are undisputed.

Frustrated with his then-15-year-old daughter's behavior, Parrish used zip ties to bind the girl's hands and ankles. He then laid her down on her bed for more than an hour, holding a device capable of producing a shock as they spoke.

Parrish has admitted to these details in court.

Accounts vary about whether Parrish then left his daughter tied up in her room, ranging from an hour to three hours.

One month after Parrish tied his daughter, Price filed to receive custody of the then- 15-year-old and their other daughter, then 11 years old. Parrish argued in court that his actions weren't criminal. Parrish has argued the state can't intervene because the child wasn't physically harmed.

Fast facts
A Florida Department of Children and Families investigation resulted in findings of child abuse, but DCF rulings aren't binding in court.

A Florida Department of Children and Families investigation resulted in findings of child abuse, but DCF rulings aren't binding in court.

Erin Gillespie, a DCF spokeswoman, said there's a fine line between legal corporal punishment and child abuse.

"If you're leaving marks on a child for a couple hours after the fact, you're at least getting down the line to abuse," Gillespie said.

In an interview, Price, whose maiden name is Satterfield, said the couple's oldest daughter "had abrasions, but I think the emotional scars are there much longer."

Price was granted temporary custody in June 2010 and Parrish wasn't allowed to see the couple's two daughters.

In September, after a four-month investigation, Parrish was charged by the State Attorney's Office with felony counts of aggravated child abuse and false imprisonment. Both sides continue to gather evidence, said Michelle Hill, Parrish's attorney in the criminal case.

Change of custody

By December, Parrish was granted supervised visits with the couple's youngest daughter.

In March, after observing three visits with Parrish and the youngest daughter, therapeutic counselor Robert Crawford testified in court that Parrish was stiff but sincere while interacting with the child.

"Here's the bottom line — I don't think Mr. Parrish is a threat to (the couple's youngest) daughter in terms of spending time with her," Crawford said in court.

Quotable
"Here's the bottom line — I don't think Mr. Parrish is a threat to (the couple's youngest) daughter in terms of spending time with her," counselor Robert Crawford said in court.

Crawford also said Price has a higher-conflict personality, which negatively influenced the couple's children. He added the back-and-forth between parents was harmful and suggested in March that Parrish receive temporary custody.

Judge Brodie required more supervised visits before deciding on a custody change. She also scolded Price in March for sharing information about the case with the children.

After eight more supervised visits over three months, raising his total supervised hours to 23, Crawford reiterated his suggestion that Parrish receive temporary custody.

Holly Chernoff, a guardian ad litem appointed to make impartial recommendations on the child's behalf, agreed with Crawford's suggestion.

During those three months, Price became uncooperative, Brodie stated in a ruling. Price didn't follow through with allowing visits between Parrish and the couple's youngest daughter, and she unilaterally canceled court-ordered appointments.

It left Brodie with a decision: Should the couple's now- 12-year-old live with a father still facing abuse charges, or go against two impartial experts and award temporary custody to the mother.

Determining custody

For deciding custody or a primary residence in such cases, Florida law outlines 13 factors for a judge to consider. Among those pertinent to this case: Which parent will encourage contact and a relationship between the child and another parent, evidence of domestic violence or child abuse, and the need to maintain continuity in a single household.

On June 17, Brodie awarded temporary custody to Parrish.

Five days later, Price wrote that the offer of supervised visits for her daughter was an unacceptable arrangement that could end "any sort of normal relationship with her mother."

Price has questioned whether Crawford was impartial in his assessment, contending that because Parrish paid for Crawford's services, his findings could have favored Parrish.

Nicole Goetz, a Naples-based family law attorney, said concerns about impartiality from supervisors and guardian ad litems "typically doesn't really come into play."

"The concept is hopefully they're impartial, especially if that's how they make their living," Goetz said.

Crawford has been a licensed mental health counselor in Florida since 2002, while Chernoff, a family law mediator, has been a member of The Florida Bar since 1983.

Price also denied sharing information about the case with the couple's children, saying they learned about it from friends and media reports.

Fort Myers-based family law attorney Luis Insignares said parents telling children about family court proceedings is "something the courts look at quite carefully," adding that "it is difficult to prove."

As for Price's primary contention — that a father facing child abuse charges shouldn't be allowed custody — Insignares said it's a difficult balance for the courts.

"The fact that DCF says something happened doesn't mean the family court has to follow that blindly," Insignares said. "It's a strong indication, but it's not something that automatically should take place."

[CountDeMoney]

Frustrated with his then-15-year-old daughter's behavior, Parrish used zip ties to bind the girl's hands and ankles. He then laid her down on her bed for more than an hour, holding a device capable of producing a shock as they spoke.

I'll be the first:  OMG HAWT.

Yeah, I went there.

[garbon]

Well that's definitely horrifying.

[Syt]

DCF rulings aren't binding in court

*snicker*

[DGuller]

Shocking.

[crazy canuck]

yes, among other things.

[fhdz]

It is, yes. Is there even a question? I am surprised he didn't show her the implements and introduce the thumbscrews.

[Eddie Teach]

I dunno, seems restraining children and making threats("just wait til your father gets home" et al) have always been considered an integral part of child-rearing. In this case, it sounds excessive, but I'd be willing to hear some context before making a summary judgment.

[DontSayBanana]

I dunno, seems restraining children and making threats("just wait til your father gets home" et al) have always been considered an integral part of child-rearing. In this case, it sounds excessive, but I'd be willing to hear some context before making a summary judgment.

DCF and alleged crazy-bitch-woman are suggesting that 1) he left her tied up and unattended, and 2) there were ligature marks, so physical harm was done.  That's what it sounds like, anyway.

[Martinus]

It is, yes. Is there even a question? I am surprised he didn't show her the implements and introduce the thumbscrews.

This is Languish/internet. No matter how obvious the answer is, there will always be a cretinous idiot deserving to die in a fire together with anyone who has anything to do with his gene pool to argue otherwise.

[fhdz]

I dunno, seems restraining children

This is zip ties, not sitting in the corner.

[Barrister]

I dunno, seems restraining children and making threats("just wait til your father gets home" et al) have always been considered an integral part of child-rearing. In this case, it sounds excessive, but I'd be willing to hear some context before making a summary judgment.

Age of the child is an important consideration.

Since the prosecutors are charging him for the incident, will concurr with my colleagues south of the border.

[derspiess]

I dunno, seems restraining children and making threats("just wait til your father gets home" et al) have always been considered an integral part of child-rearing. In this case, it sounds excessive, but I'd be willing to hear some context before making a summary judgment.

Here's a little more context, from his perspective:

http://www.naplesnews.com/news/2010/sep/29/naples-man-accused-punishing-child-zip-ties/

According to a highly redacted incident report, the girl is "always running away" and Parrish didn't want to have anything more to do with her because he "cannot control her.

Can't find the link, but he mentioned in a local interview that on top of constantly sneaking out of the house she is a troubled teen and has gotten into trouble with drugs.  He said he did what he did to demonstrate to her what it is like where she is headed (prison) unless she were to clean up her act.

I don't know how much of that is true apart from her sneaking out.  I do know him-- and his ex-wife.  I have some bias in this case, so I'm trying to get some objective opinions on the matter.

[derspiess]

Age of the child is an important consideration.

She was 15 at the time of the incident.

[Barrister]

Age of the child is an important consideration.

She was 15 at the time of the incident.

Precisely.

Something like this might have been acceptable to a younger child - hell I restrain my toddler on a daily basis.  But on a 15 year old?  That just doesn't fly.