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WI: Judge jails mother over daughter's refusal to visit father
On November 12, Marinette County Circuit Court Judge David Miron sentenced a mother to 30 days in jail for her daughter's repeated refusal to comply with court ordered visitation with her father. Loraine Tipton was immediately taken into custody following the contempt hearing.
During the hearing, Tipton presented evidence to support reasons why her 11 year old daughter should not be forced to proceed with visitation based on the actions of the father, Craig Hensberger. Tipton also testified that it was her daughter who refused to go, and that she was not withholding visitation from Hensberger.
There are some in Wisconsin that are already familiar with Hensberger. Earlier this year, he was publicly admonished for a scandal involving illegally transporting live fish and having his daughter lie about it in a competition. This incident, however, is only the tip of the iceberg.
Apparently, Hensberger has a problem with alcohol consumption and had been ordered by this same court to remain sober in relation to child visitation because of previous reports of driving drunk with the child. But as recently as last week, he was seen at the local bar--a bar that his daughter can identify.
This 11 year old child reports having to sleep on the floor when visiting her father because there are no accomodations for her in the small location in which Hensberger resides with his mother, after recently losing his own home. In addition, his mother has also been accused of abusing the daughter in an incident where she tried to force feed the child her own vomit.
Thus far, Judge Miron has refused to allow the child to testify even amidst all the evidence on record. Tipton's husband reports that, unbeknownst to Tipton, Judge Miron has further ordered that for every 30 days that the child does not visit the father, another consecutive 30 days of jail time will be served by Tipton. The child is committed to defending herself and remains in the custody of her step-father.
We must ask ourselves:
Should parents be held accoutable for their children's actions?
Can contempt be held on a parent who cannot force their child to act?
Should children be required to have a relationship with someone who was/is abusive?
At what age should a child be able to participate/have a voice in his/her own legal proceedings?
Does a [pre-adolescent] child have any rights which supersede the rights of the parents?
More information will follow as the story is updated.
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randijames
Washington D.C., District Of Columbia, United States



Most RecentMost Recommended Comments (70)
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Justice 4 Children and Moms (not verified)at 07:33 on November 13th, 2009
This child is old enough to speak for herself. This is one more example of human rights violations in the United States. How can it be legal to imprison a mother and torment a child by "threat therapy" that if she doesn't visit her abuser, her mother will stay in jail. Not only should the mother be released, but the judge should be removed from the bench. A full investigation needs to be initiated against every party involved in this re-victimization of the victims.
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Civil Rights? (not verified)at 08:21 on November 13th, 2009
Ask the ACLU if they stand behind this mother as they have stood behind NAMBLA.
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Cara Wilson (not verified)at 09:01 on November 13th, 2009
AMEN!!!!!
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Heidi Sullivan (not verified)at 20:24 on November 13th, 2009
This is disgusting & against ALL HUMAN RIGHTS!!!!!!!! The same thing is happening in Australia - there is not a week that goes past that I am not being threatened with the same thing. Any country that has signed the Hague Convention will imprison any mother & seize her child/children if she tries to protect them. It is SICK!!!!!!!!!!! SOMETHING HAS GOT TO BE DONE. THE PROBLEM IS THAT THE MAJORITY OF THE PUBLIC ARE NOT AWARE OF WHAT IS GOING ON & WE NEED TO START SPEAKING OUT & STOP ALLOWING THIS SITUATION TO CONTINUE.
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abbie bradley (not verified)at 01:13 on December 8th, 2009
I am in a situation with my little boy, I am shortly moving to australia, If there are any support groups please inform me.
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Pleasecontact (not verified)at 15:11 on December 8th, 2009
info@randijames.com
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A Concerned Citizen (not verified)at 07:46 on November 13th, 2009
How is jailing this mother going to benefit her daughter? Dad is a drunk, drove drunk while his daughter was in the car with him, and he encourages her to lie, amongst other things, so it's no wonder she doesn't want to see him. Plus his mom tried to force her to eat her own puke. What's wrong with this picture? Rather than punish mom, why not place the punitive focus on dad? Oh, but dads have rights... so he gets to see his daughter no matter how much of a loser he is. I'm tired of seeing father's rights have preference over a child's welfare. It looks like "friendly" parent theory also has a role in punishing mom, and that kind of thinking needs to be removed from the courts.
at 08:12 on November 13th, 2009
Daughter Won't Visit Father? Jail Mommy!
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SickOfCorruption (not verified)at 08:14 on November 13th, 2009
No matter who wants what, it is the person with the most money who will win. And, we as Americans, will be the losers. Corrupt judges, unethical lawyers and a plethora of paid experts and witnesses will be marched through the courtroom and this child's life. Since when are children disposable? Since some judge and his friends decided they could make money off a child. We have laws against working a child to death, but we have no laws that say a court has to protect them from death. Someday, these kids are going to sue the United States and watch your taxes soar over the settlements.
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JudgeFinder (not verified)at 08:43 on November 13th, 2009
Miron, Hon. David G.State of Wisconsin Circuit Court, 8th Judicial Administrative DistrictMainette County Courthouse1926 Hall Avenue-2nd Floor Courthouse Marinette, WI 54143Phone: (715) 735-7465Fax: (715) 732-7461 Contact Us
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Cara Wilson (not verified)at 09:07 on November 13th, 2009
Sad part...Lorraine didn't have a attorney because she could not afford one. The father used his mothers money to defend himself against the sexual abuse that CPS substantiated then decided to close the case and the Judge wouldn't allow Lorraine to have the crt appoint a GAL for little Miss M. Yes money will play a big part but in this case birds of a feather flock together and so do pigs and swine...
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mamasita (not verified)at 08:16 on November 13th, 2009
We know moms will go to jail for their children, take a bullet for their children, take it up the *** for their children. Why is it becoming increasingly common that they HAVE TO??????
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Cara Wilson (not verified)at 08:57 on November 13th, 2009
I know this mom personally and the abuse does go deeper. In fact, a police officer even tried calling the Judge and he'd hear nothing of it. I to would rot my a** in jail to protect my child and stand up for their voice NOT to go even though the protective parent ususually does have a VERY hard time getting a child to visit their abuser..duh! This is court sanction abuse and only serves to be an extention of the fathers abuse tactics. Very typical pattern of abusers. When a child would willingly chose foster care of the biological parent, hello CPS are you PAYING attention? Lorraine is a strong woman and encredible mom and her daughter is not an empty vessel. Neither of them are trying to be vendictive, the mom has tried and the daughter refuses. I don't blame her, I wouldn't want to visit my abuser either, heck I left that train ride yrs ago. It retraumatizes and only further adds to the resentment. He (the Judge) won't even order supervised visits. We're not done standing for you Lorraine yet! Not until you and Miss M are reunited! Love, light and prayers,Cara
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Czen89 (not verified)at 09:09 on November 13th, 2009
First of all, my thoughts and prayers are with Ms. Tipton and her daughter, as well as the brave writer of this story. Rarely are journalists brave enough to report the facts of these cases. I personally know those who have and subsequently lost their jobs, including an editor in chief who bravely took a stand on first amendment freedom when the court put a gag order on another mother for defending her child from a thoroughly documented abuser in family court.If Ms. Tipton had been alleged to have driven drunk with the child in the car, would Judge Miron leniently have let her continue to enjoy her court ordered custody and visitation?If the step father (another adult living in the child's home) had allegedly forced the child to eat her own vomit, would Judge Miron have denied a hearing of fact and let the child continue to reside in the home?The allegations in this case are so disturbing that they deserve to be heard by a judge and the child should be allowed to testify by video. What would it hurt for these allegations to see the light of day and be investigated? If the father has lost his home, that would be a change of circumstance that would merit a reconsideration of overnight visitation, wouldn't it? What reasonable person would deny at least a hearing of fact? No one, unless they have a vested interest in maintaining a father's "right" to visitation, without regard to potential danger to the child -- and that would appear to be Judge Miron in this case, and all of the court cronies that are preventing evidence from being heard.It happens every day, in courtrooms all across this country. In the face of hard evidence to the contrary, courts operate under a false assumption, and well funded propaganda campaign that insists men are getting a raw deal in family court and somehow children are suffering as a result. As long as there are attorneys, and other court appointed players, who take money to represent men who are more interested in controlling their former wives/girlfriends using the bench and the child(ren) as a weapon, this kind of illogical injustice and child abuse will go on.How many attorneys do you hear advertising on the radio for "Mother's Rights" -- NONE, and it's not because courts are biased in favor of mothers. They aren't. They haven't been for at least 3 decades, if in fact EVER. The propaganda distorts the truth and offends common sense. In Illinois, you have to turn off the radio to escape the blast of advertisements from father advocate attorneys like Jeffrey M. Leving. Why? Because that's where the money is! Follow the money and you'll find the answer to why this sick injustice continues.Follow the money straight up the flag pole to the US Dept of Health and Human Services and the Fatherhood Initiative (strongly advocated by Barack Obama in his IL Senate career). Oh, and who do you think was recently appointed (not elected, not vetted) to some fatherhood initiative post in the White House? None other than yet another Chicago-Way cronie and Father's Rights attorney, Jeffrey M. Leving. Your tax dollars are funding this folks, so wake up!Shine the bright sunshine of truth on judges, attorneys, and all of the court-appointed "experts" who make money off of this fatherhood supremacist cottage trade, name names, demand the TRUTH, put a stop to punishing, intimidating, and gagging mothers who have the audacity to try and keep their children in a safe and loving home. Let the children be heard, and let them grow up secure in the knowledge that the adults who are in a position of power to protect them, are doing their jobs honestly and with integrity.Stop blindly believing the fatherhood supremacist propaganda and nonsense, and don't think it's none of your business or that it can't happen to you. If it could happen to Ms. Tipton in Marinette County, WI, it can happen to any mother.
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Lundy Bancroft, Protective Mothers Alliance (not verified)at 09:16 on November 13th, 2009
I want to express my outrage at the jailing of Loraine Tipton. This kind of violation of the human rights of protective parents is happening across the continent, unfortunately. I hope we can make our voices louder and louder in the coming months so that the legal system and the media finally can't ignore us any longer.
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czen89 (not verified)at 09:34 on November 13th, 2009
Thank you for chiming in, Mr. Bancroft. For those of you who aren't familiar, Bancroft is an expert on this topic. Google his name to find the list of his books. In "Why Does He Do That? Inside the Minds of Angry and Controlling Men" he explains the mindset of men who are abusive toward their wives and then proceed to wage a custody war when the woman tries to leave. "The Batter as Parent" discusses how these abusive men use the court system as a tool to further their abuse. This is the book you want your attorney to read if you are a woman in a custody battle.
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Claudine Dombrowski (not verified)at 14:13 on November 13th, 2009
You gots! www.abuseofpower.info/Bancroft_BattererParent.pdf Batterer as Parent www.stopfamilyviolence.org/info/custody-abuse/overview/the-batterer-as-parent thank You Lundy! You Rock!
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Sceptic (not verified)at 17:39 on November 13th, 2009
I totally support the comments said, but better that Mr Bancroft speaks for himself.
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mamasita (not verified)at 09:22 on November 13th, 2009
The judge should be charged with endangering a child
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Mary Morgan (not verified)at 09:22 on November 13th, 2009
No child should to choose between visiting her abusive father and her mom being in jail. This is a child, how could this judge possibly think that laying this decision at her feet would be anywhere near her best interest. This is cruel and unusual punishment to the CHILD!
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czen89 (not verified)at 09:40 on November 13th, 2009
No one is forcing the child to choose between visiting her abusive father and her mom being in jail. The father and his attorney and the judge took away the child's power of choice. She's not being forced, she's being denied a choice. That is what is cruel. And it's cruel for her to be forced to visit her father against her wishes. It's cruel for her voice not to be heard. And it's cruel to deny her the love of her mother while her mother sits in jail.There is no justice in any of this. No fairness. Only hard-headed furthering of an evil agenda.
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Mary Morgan (not verified)at 09:58 on November 13th, 2009
Your are right in the fact that the judge would not listen to her and did not give her a choice before hand, but now it is up to her to decide if she visits her father so that her mom doesn't spend more time in jail. That is the decision I was talking about being cruel to the child.
at 11:06 on November 13th, 2009
Neither Lorraine or the father had an attorney and when Lorraine tried to appeal to the better side of the Judge by requesting a GAL for their daughter (this can also be mirky waters) the Judge denied this request.
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CustodyEvaluators (not verified)at 12:34 on November 13th, 2009
It looks like there was a GAL on record, Aaron Krzewinski--supposedly garbage--part of a ring of abuse-excusers who ignore the child's interests. Don't need another GAL like that. Besides, since when does a pre-teen need someone else to speak for him/her? GAL's job is to get paid.
at 15:51 on November 13th, 2009
yes and no. he was in previous 2005 last doc. known was in 2008. There has not been one since then that I can tell by documentation.
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Leslie Wierer (not verified)at 14:01 on January 6th, 2010
Wow this sounds like our story! We have the same issue in Door County. Our GAL is a piece of crap and the judge could give a shit! We have even had psych evals that proove mom is a piece of crap parent and nobody will listen. The kids are 18 in 3 months and 13 1/2 and they have NO rights. We need help, we have drained every penny fighting this and we are crying our hearts out...... If anyone knows how we can get help we would love to know.....
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DenomShi (not verified)at 09:46 on November 13th, 2009
This judge is endangering this child make her choose between being abused or her mom being free. If the mom had done all the things this father has she would have been stripped of all visitations and custody....but no, the court is bending over backwards for this abuser to give him a chance to continue his abuse of his daughter. If the father cared for his child at all, he would drop it and not put her through this either!
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Sammy J (not verified)at 09:50 on November 13th, 2009
This just another example of how corrupt the Family court system is! This judge has put this little girl into a dangerous situation. His actions are insane!
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IMA (not verified)at 08:36 on November 14th, 2009
Judge Miron has also put himself into a dangerous situation....now that this has become public.
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Ashley Waller (not verified)at 09:54 on November 13th, 2009
My heart goes out to this family! How horrible this must be for the daughter to have this decision hanging over her head. I can't imagine what this mom is going through knowing that she now can not protect her daughter. Prayers.....