Note: Because of technical issues (multiple content sources and file formats) the pages of this PDF document do not always correspond to the page numbers in the transcript. 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 3 -------------------------------------------------X 4 THE NEW YORK STATE MATRIMONIAL COMMISSION 5 Public Hearing - New York City 6 -------------------------------------------------X 100 Vesey Street 7 New York, New York May 9, 2005 8 Before: HON. SONDRA MILLER, 9 Chairperson, and the following commission members 10 HON. DAMIEN J. AMODEO 11 SUSAN L. BENDER, ESQ. HELENE K. BREZINSKY, ESQ. 12 HON. TONDRA DAWSON: BRIAN F. DeJOSEPH, ESQ. 13 MICHAEL DIKMAN, ESQ. MARCIA C. GOLDSTEIN, ESQ. 14 HON. Michael V. COCCOMA ELEANOR M. DE COURSEY, ESQ. 15 JOHN R. JOHNSON, CPA: JANET E. JOHNSON, ESQ. 16 HON. DAVID F. JUNG CHARLOTTE CHO-LAN LEE, ESQ. 17 LAURENCE LOEB, MD ALLAN MAYEFSKY, ESQ. 18 KAREN DAWN McGUIRE, ESQ. PATRICK O'REILLY, ESQ. 19 CARLA PALUMBO, ESQ. ROSEMONDE PIERRE-LOUIS, ESQ. 20 SHEILA GINSBURG-REISEL, ESQ. LAURA RUSSELL, ESQ. 21 HON. ROBERT A. ROSS, ESQ. HON. EDWARD O. SPAIN, ESQ. 22 HON. ROBERT A. SPOLZINO, ESQ. DAN WEITZ, ESQ. 23 HARRIET WEINBERGER, ESQ. HON. JEFFREY SUNSHINE 24 HOWARD B. TEICH, ESQ. 25 Michael Barfield Barbara Stroh 26 Official Court Reporters Proceedings 2 1 2 CHAIRPERSON MILLER: Good afternoon, everyone. 3 Can you hear me? Yes? 4 First of all, I would like to welcome all of 5 you, our speakers, our attendees, the press and others to 6 this, the fourth public hearing conducted by the 7 matrimonial commission, on the 10th anniversary of a our 8 predecessor commission to examine these issues and 9 recognizing the important strides made based on that 10 commission's work. 11 Chief Judge Judith Kaye who, as we all know, is 12 a tireless crusader on behalf of the families and children 13 of this state, acknowledges that still more can and must 14 be done to further improve the practice of matrimonial and 15 family law in New York State. She has charged this 16 thirty-two member state-wide panel with a very broad and 17 important mandate. We are to take a global look at the 18 area of the family and matrimonial law as it is practiced 19 in New York. We are to look at all stake holders inside 20 and outside of the system for input and guidance. We are 21 to think globally, holistically and innovatively to 22 address and resolve three main areas; to reduce and 23 eliminate trauma to parties, and most significantly to 24 their children; we are to avoid unreasonable expense to 25 the parties; and we are to reduce and eliminate all 26 unnecessary delay. Proceedings 3 1 2 This commission recognizes the urgency and the 3 importance of our mission and considers its mandate a 4 great challenge and a great opportunity. We intend and we 5 expect to recommend significant reforms. And we assure 6 you that our chief judge has pledged to do all that she 7 can possibly do to effectuate reasonable recommendations 8 that will serve to improve the lives of those who appear 9 before our matrimonial and family courts. 10 To those of you who have been assigned a time to 11 speak, please be sure that you have signed in at the desk 12 outside. As a courtesy to the other individuals scheduled 13 to speak today, please remember that your remarks are 14 limited to ten minutes. Anyone who has written material 15 to submit for the commission's consideration should leave 16 at least two copies with the commission's staff at the 17 sign-in table. No material will be handed up to the 18 commission during the course of this hearing. Note that I 19 on behalf of the commission may at times interrupt to you 20 ask a question or to seek clarification of the point. I 21 will strive to keep this to a minimum as we are most 22 interested in hearing from you about your experiences and 23 your recommendations for improving the system. 24 As stated on the notice of the public hearings, 25 the commission cannot take testimony from any individual 26 who has a case currently pending in New York State courts. Mr. Rodriguez 4 1 2 This is necessary in order to protect the integrity of a 3 pending case and the work of this commission. However, 4 such individuals are encouraged to submit their comments 5 and suggestions in writing to the commission no later than 6 June 30th. Any identifying details contained therein will 7 be redacted by commission staff. However, the substance 8 of this submission will remain intact. 9 Before we begin, I ask all of you to please turn 10 off your cell phones, pagers and any other devices and 11 that you refrain from interrupting speakers with comments 12 or abuse as we are on a very tight schedule and do not 13 want to deny any speaker their full allotment of time. 14 We are now ready to begin. 15 Mr. Efrain Rodriguez. 16 MR. RODRIGUEZ: Is this working? Can you hear 17 me? Nobody did a sound check before we start. 18 I haven't seen a crowd like this since I was the 19 salutatorian of PPS 106 42 years ago, so I am, like, 20 scared. 21 Members of the commission, I am Efrain Rodriguez 22 Jr. and I am the president of the Father's Rights 23 Association of New York State, a non-profit group that 24 works to keep parents and their children together after 25 divorce and separation. What sets us apart from all other 26 groups out there is simply this; we help the non-custodial Mr. Rodriguez 5 1 2 as well as that parents' extended and blended families, 3 and we actively assist women as well as men in trying to 4 negotiate and understand the Family Court industry. 5 I am humbled to be standing within these walls 6 where so many have passed through beginning their careers 7 as lawyers and becoming some of this country's greatest 8 leaders. I wish to begin my testimony with a question. 9 If I pay my child support then why can't I see my 10 children? Why if I have an agreement with the child's 11 mother and a schedule of shared parenting time, why can't 12 I see my children? Why is it when their mother 13 interferes, obstructs or otherwise denies me my children 14 is there no one that any parent can go to for immediate 15 relief? 16 As a New York City civil servant with 29 years 17 of service to this city as a nurse, a paramedic and a 18 police officer, I have seen all sides of this dilemma. 19 And as divorced dad I am also one of its victims. But 20 less about me and more about the group. 21 Nary a Friday passes after 5 p.m. where we don't 22 get a phone call on our hotline from a distraught parent 23 who says he went to get his children and was met with the 24 all too common phrase, no, you are not getting your kids. 25 This dad then calls the police who arrive on the scene and 26 after interviewing all the parties tells that dad, sorry, Mr. Rodriguez 6 1 2 there is nothing we can do for you except take a report 3 and refer to you court. Then, he becomes the victim of 4 what we call the trifecta of family law. He is served 5 with an order of protection, an order of custody and 6 support and an application for a divorce. This often 7 times used tactics designed to give the petitioner in any 8 divorce proceeding because now the father has to be in 3 9 courts, the support court, the Family Court, and the 10 divorce court, and maybe even the criminal court if that 11 parent chooses to take the order of protection to both 12 family and criminal, which they have a right to do, and if 13 it is not a divorce we just throw out the divorce part. 14 But the affect remains the same. That is having to fight 15 a system that presumes all men are batterers until that 16 parent is so beat down that he just takes the deal. 17 Usually to his detriment. But he still continues to pay 18 his child support. 19 Now, his children have a law guardian who asks 20 for supervised visitation because the law guardian 21 assigned to the case doesn't want to be the next Duckman 22 and make the wrong call, errs on the side of caution. Now 23 that parent has to pay to see his child. On top of the 24 support he pays or the children and whether. And whether 25 the mother shows up with the kids or not, he still has to 26 pay. Again, he has no recourse. Who is he going to call? Mr. Rodriguez 7 1 2 The law guardian? 3 He goes back into court without an attorney 4 because he can't afford one in many cases. He has no idea 5 how the system works, so he doesn't say anything or in 6 many cases says what he heard somebody say on the Jerry 7 Springer show.