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    Divorce custodyDivorce is hard enough on children. Their home life and everything as they have always known it is changing. That’s not easy for even the most grounded and intelligent child to reconcile. As a result, many children of divorce misbehave or act out of character. But is refusing to see one parent reason enough for them to be sent to a juvenile detention center? One Michigan judge thinks so

    Three children from Bloomfield Hills – ages 14, 10, and 9 – were in court with their mother for a divorce hearing on June 24 when they were sent to juvenile detention for disobeying the orders of Judge Lisa Gorcyca. The oldest son refused the judge’s order that he apologize to his father, Omer Tsimhoni, saying that he apologized for “whatever I did to you. But I do not apologize for — for not talking to him because I have a reason for that and that’s because he’s violent and he — I saw him hit my mom and I’m not gonna talk to him,” the boy said, later telling the judge, “I didn’t do anything wrong.”

    These statements were apparently the last straw for Gorcyca, who has presided over these contentious divorce hearings for the past five years. She claimed the children have been brainwashed by his mother, comparing their family situation to that of Charles Manson and his cult. She called the boy a “defiant, contemptuous young man,” adding, according to the transcript, “You’re supposed to have a high IQ, which I’m doubting right now. You have no manners.”

    She ordered the teenager to the youth shelter then offered the two younger children the opportunity to apologize and have lunch with their father. Under their attorneys’ coaxing, the children did apologize and said they would try to connect with their father. Gorcyca then ordered them to have lunch with their father, which their mother Maya Eibschitz-Tsimhoni also encouraged them to do, or face the same fate as their brother. “I’ll go with my brother then,” the 10-year-old told Gorcyca.

    Gorcyca held all three Tsimhoni children in civil contempt and sent them to Children’s Hall, where they have been for the past two weeks and will remain for the indefinite future. Eibschitz-Tsimhoni’s attorney has filed a Writ of Habeas Corpus seeking the release of the children, and Gorcyca is set to consider this next week.

    Read the transcript of the conversation between Gorcyca and the Tsimhoni children

    Eibschitz-Tsimhoni has been banned from visiting her children and the judge has ordered that the siblings be “kept away from each other as much as possible.” A review of the punishment has been set for September 8, but Gorcyca said their father could have them released earlier if he feels the children have learned their lesson. “When you can follow the court’s direct order and have a normal, healthy relationship with your father, I would review this,” Gorcyca said. “It might be three years. It might [not] be till you’re 18.”

    Unfortunately, the day after the hearing Tsimhoni left for work in Israel and is not expected back in Michigan for a few weeks. “No matter how bad the divorce gets, I think the court should not punish the kids for that,” Eibschitz-Tsimhoni said.

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    The divorce attorney now representing Eibschitz-Tsimhoni says, “I have been doing family law for 20 years and I must say this shocks the conscience. I think we have a court with the best interest of children in mind. I think the judge was very concerned about reunification of this family, but went about it the wrong way. I know laws were violated and I know that the children were punished for crimes they did not commit.”

    When most advice involving children of divorce encourages parents to avoid using their children as pawns in their split, this is an unprecedented move on the part of a family law judge who classifies the divorce proceedings as “tied for my worst parental alienation case.” The Tsimhoni children are being forced to live with troubled children, some who have committed crimes – a very different situation than the Tsimhonis’.

    Should children pay the price for their parents’ divorce? For their parents’ inability to settle on child custody or parenting time? If you’re experiencing a contentious divorce, or anticipate a struggle as your marriage ends, contact Michigan Divorce Help, PLLC, to discuss your situation.

    What makes us the right divorce attorneys for you?

    Family Law Expertise

    Most lawyers are in a general practice and do some of everything. One of our main focuses is on Family law and being expert at divorce, custody and support matters.

    Strong Relationships

    We are in court daily, working with the family court judges, their staff and clerks, the Friend of the Court office, the Bar Association and other attorneys working in this area. We pride ourselves on fighting hard for our clients while working well with everyone.

    Experience

    Our extensive experience and strong relationship with the courts and our peers leads many judges and attorneys to hire us to act as Mediators in other Family Law cases. Make no mistake; having a strong working relationship with the court can have a massive impact on your case. Unlike most attorneys, we have no fear of the court room and are in trial regularly against the best in the business. We see the judges every week and maintain strong ties with their staff.

    We Care

    Although every attorney can “handle” your case, Michigan Divorce Help cares about you and your family. We work extremely hard to keep this difficult process civil and to shelter your children from as much of the negative facets as possible.

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    Everyone’s financial situation is different and we work with our clients to formulate a fee arrangement that works within your means.

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    We have handled every possible situation involving domestic law. We will do everything possible to wrap up your case in a timely manner, avoiding delays that cause unnecessary legal fees.

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    When your case cannot be easily solved, we will fight hard and use all of our resources to win. Unlike most attorneys, we have no fear of the court room and we regularly win cases against the best in the business at trial.

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    Unlike many attorneys who have a part-time typist and work 30 hours a week, we have an expert staff available all day long to assist you and provide immediate service.

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    At Michigan Divorce Help, your case will be handled by an experienced family law attorney. Each of our attorneys in our family law division has many years of experience in handling family law matters.

    We encourage you to see these differences for yourself and call today to speak with one of our partners or schedule a free consultation at our office.

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