Children jailed for not speaking to abusive father
Parents and lawyers have expressed outrage after it emerged the children — two boys and a girl aged 9, 10, and 15, have spent the past fortnight in detention for refusing to speak to their father — whom they have accused of being abusive.
The family was in court for a hearing on supervised parenting time when the judge made her ruling.
Oakland Circuit Judge Lisa Gorcyca said the children of Maya Tsimhoni were in contempt of court last month and ordered them held at Oakland County Children’s Village until they attempt to have a relationship with their father or they turn 18.
The children were taken into custody after the June 24 hearing.
“I do apologise if I didn’t understand the rules,” said one boy, 15, “but I do not apologise for not talking to [the father] because I have a reason for that and that’s because he’s violent and I saw him hit my mom and I’m not going to talk to him.”
Giving her order, Judge Lisa Gorcyca appeared to compare the 15-year-old to serial killer Charles Manson.
“I ordered you to talk to your father. You chose not to talk to your father. You defied a direct court order. It’s direct contempt so I’m finding you guilty of civil contempt.”
The boy responded: “But he was the one that [did] something wrong. I thought there [were] rules ... for not hitting someone.”
“You’re very defiant. You have no manners,” said the judge. “There is no reason why you do not have a relationship with your father.
“Your father has never been charged with anything. Your father’s never been convicted of anything. Your father doesn’t have a personal protection order against him. Your father is well-liked and loved by the community, his co-workers, his family [and] his colleagues.
“You need to do a research programme on Charlie Manson and the cult that he has.”
Gorcyca banned the mother or anyone from her side of the family from visiting the boy.
Tsimhoni’s two other children had a hearing later in the day, during which the 10-year-old boy did speak briefly to his father.
However, the two siblings refused the opportunity to go for lunch with their father during a court break and the judge subsequently ordered that they, too, go to juvenile detention.
The children have been required to undergo psychiatric therapy while at Children’s Village and were to “be kept away from each other as much as possible”, according to a hand-written order from the court.
Larry Dubin — a lawyer who has been a law professor at the University of Detroit Mercy for the last 40 years — said that he was stunned by Gorcyca’s decision.
“To treat this like a case of contempt where she sends them away until they’re willing to comply with court order seems harsh with respect to young children,” Dubin said.
“It certainly can raise all kinds of constitutional issues.”
Lisa Stern, who is the mother’s attorney, said there has been a lengthy court battle between parents, but feels the children should not have to pay the price.
Dubin believes that the judge may have abused her power.
