UC Irvine shooting may have been child custody dispute

AP

IRVINE, Calif. — Police are investigating whether a custody battle prompted a University of California, Irvine student to kill the mother of his 4-year-old son on campus.
Brian Benedict, a 35-year-old physics graduate student, was arrested at about 7 p.m. Sunday following the first on-campus killing in the history of the Orange County school.
He remained jailed on $1 million bail. City police Lt. John Hare said he did not know whether Benedict had an attorney.
Benedict and his ex-wife, Rebecca Benedict, 30, shared custody of their 4-year-old son, but he had been distraught following their breakup and had attempted suicide, court records show. He had been ordered to pay twice as much child support as he had expected and might have been forced to leave school, according to the records.
Rebecca Benedict went to the campus on Sunday evening to pick up the boy from his father's apartment in a graduate student housing complex when the couple got into an argument, Hare said.
She left the building and was in the parking lot when Benedict, who had followed her, fired several shots with a handgun and struck her at least once, Hare said.
She was pronounced dead at a hospital. Witnesses detained Benedict until police arrived, Hare said.
The boy was nearby, but it was unclear whether he saw the shooting, Hare said. He said the child was turned over to other family members.
The Benedicts were married on April 1, 2004, and separated on Sept. 30, 2006, court records show. Rebecca Benedict filed for divorce on Jan. 16.
The couple had agreed that Brian Benedict would pay $450 per month in child support, but a judge on Thursday ordered him to pay $920 per month, according to records cited by the Orange County Register.
Benedict, who quit a six-figure job as an aerospace cost analyst to attend graduate school, earned $26,889 as a student researcher, according to his 2008 federal tax form.
Orange County Superior Court Judge Nancy A. Pollard set the child support figure based on his earlier, higher income.
"The court finds that the care and maintenance of the child is more important than the care and maintenance of the father's schooling," according to a summary of the ruling.
Earlier this month, Brian Benedict had asked campus safety officials questions about child custody, UC Irvine Assistant Police Chief Jeff Hutchison said.
"It was a less than 10-minute conversation, and there was nothing unusual in his demeanor," Hutchison said.
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Savannah GA Divorce Lawyer - Hugh Hefner Says He Delayed Divorce for Children

by Alberto E. Rodriguez

After more than ten years of being separated from his estranged wife, Playboy mogul Hugh Hefner says he waited to complete his divorce "because of the children."

"Now is the time," Hefner told the Associated Press of making his divorce final to former Playmate of the Year, Kimberly Conrad Hefner. Hefner's twin boys are now about to turn 18.

"I stayed married not because it was a marriage -- the marriage ended in 1998," Hefner told AP. "I stayed because she wanted me to."

The Associated Press, citing court documents, reports that Hefner is seeking to pay $20,000 of monthly spousal support to Kimberly Hefner, half of what he's reportedly been paying since 1998.

Last month, Kimberly Hefner sued the Playboy mogul for $4 million that she claims she is owed according to the pair's prenuptial agreement, the AP reports. Citing court documents obtained by the AP, Hefner states he has paid his estranged wife, whom he married in 1989, nearly $12 million.

Hefner's documentary 'Hugh Hefner: Playboy Activist and Rebel' premiered at the Toronto International Film Festival over the weekend.




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'Equal access a must in child custody battles'

Swati Deshpande, TNN 9 September 2009, 02:52am IST

MUMBAI: The TOI report on estranged dads fighting for custodial rights of their children (edition dated September 8) has prompted others parents

in a similar predicament and experts to come out and question the entire concept of restricted access to kids (mostly for divorced dads and those fighting lengthy divorce cases) at the family court complex.

Psychiatrist Kersi Chavda told TOI on Tuesday that both parents should ideally be available for a child caught in the centre of a divorce battle for its all-round development.

"If there is abuse, access can be restricted but this is not the case in 99% of divorces. Yet, interim custody is often granted only to one parent and the other has very limited access, resulting in a stilted atmosphere for the child whose identification with one parent becomes less. The family court does not have a child-friendly atmosphere. A meeting in natural home environs is significantly better,'' he added.

Chavda said parents must not let their egos hamper their child's interest. They should realise that restraining or brainwashing the child against meeting the other parent would only disrupt the sense of security and balance of the child and make him/her "manipulative, angry or withdrawn''.

A former chief counsellor at the Bandra family court says that meeting a child in the court room's cramped confines, along with 20-30 other children on Saturdays, may make the child foster negative emotions about the meeting. Several counsellors suggest that, except the rare case where a parent is abusive, equal access, as in developed countries, could be encouraged at the non-custodial parent's house or a neutral child-friendly location outside court. Children In The Centre (CITC), a group set up by dads who are fighting out their divorces, access and custody battles, is advocating just that.

The group was flooded with mails from fathers around the world. At least 15 dads facing a similar run-around over access said they felt "so frustrated'' sometimes. One father from Kerala said: "I yearn for my son's smell, his touch, his voice.'' But his wife doesn't let him even talk over the phone to his five-year-old.

A man from Burdwan in West Bengal said wistfully, he wished, he was allowed more time with his 10-year-old son. Another said despite bi-monthly access ordered by the court after his divorce, he had spent exactly 30 minutes in the last one year with his child. Access orders being flouted with impunity and no action being taken are the common complaints, but non-payment of maintenance would attract jail terms.

"Even to speak with one's child over the phone requires a written application each time,'' M Shah (name chan-ged), a CITC member, said.

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Divorced dads unite for custody rights

Swati Deshpande, TNN 9 September 2009, 05:34am IST

MUMBAI: With more and more men finding themselves locked in slow-moving and often bitter legal battles to get at least shared legal custody of their kids, some feisty fathers are banding together in Mumbai.

The result of the bonding—between dads as diverse as businessmen and bankers and call-centre executives and ad agency creative heads—is a new group called Children in the Centre (CITC). The group’s aim is to fight for the rights of mostly fathers, but mothers who are temporarily separated from their kids during messy divorce battles are welcome as well.

The latest data from the family court in Bandra show there were 7,781 matrimonial cases pending as of July 31 this year; 178 of them were exclusively custody petitions. The group of interim non-custodial parents (parents without custody of their kids as of now) has about 15 members and most of them are fathers. It is quietly, but with great determination, working away to emphasise “the importance of involvement of both parents in the child’s overall development’’.

Their experience is that family courts often swing totally one way or the other as child-custody battles usually end with one parent getting full control over the minor; the other parent is allowed only partial access during weekends or school holidays. The implementation of an access order is, however, another uphill battle as a non-custodial parent has to contend with the whims of the custodian parent.

One young father, a teacher, whose marital slowdown began with a divorce petition (withdrawn later), is now fighting for greater access of his only child living separately with his wife; she is refusing to come back but wants to be maintained. The visits in the designated children’s access room on the family court premises are sporadic but he is happy when the child is brought there.

Mridula Kadam, a specialist in matrimonial law cases, said married men mired in marital problems were increasingly becoming aware of the importance of being a father. “As divorcing couples are growing younger (with a majority of the cases falling in the age group of mid-20s to mid-30s), divorcing fathers in Mumbai are maturing and are not relinquishing their responsibility and in fact want to play an equal part in raising their child,’’ she said.

There is some amount of role-reversal too. “When both parents are working, sharing duties in the upbringing of their child is sometimes a direct fallout. I have had cases where fathers are not averse to restructuring their work to be able to spend more time at home with the baby,’’ Kadam said, adding: “It’s no longer that a man slams the door shut on the marriage, wife and children and is happy to pay out a small alimony and start life afresh.’’

Fathers clearly want to have a greater say in their children’s development. Fund manager Mahesh Shah (name changed), after a near four-year separation since his wife left home along with their only daughter, has had no father-daughter time.

“Each time I want access to her during school holidays, I have to make applications to the court. Access is otherwise only allowed for two hours every 15 days in the 200-sq-ft room on the court premises. The court has tried to brighten the room but it is still dreary with broken toys scattered around and is hardly a place where precious time can be spent with one’s child. The few chairs make it difficult for an extended family gathering and grandparents especially find it difficult to sit there.’’

Added another parent: “I travel 18 km every morning just to wave at my daughter when she reaches school in Andheri at 7.30am; out of sight may mean out of mind.’’

He also points out that the issue of overnight access of the child is often a prickly one between warring parents. One father recently could not get his son to stay over on his birthday. Divorce lawyers say there needs to be legal reforms, especially when it comes to child access and custody in India.

Another CICT member said: “An issue that is often overlooked is the child’s mental and emotional development. There is no evaluation done and we hope to emphasise that child-rearing should be shared equally by both parents. CITC’s goal is to strengthen family relationships by providing significant quality time and support to kids coping with divorce.’’

The CITC idea came up one Sunday at the MMRDA food court months ago. The members now meet regularly to meet their goals, which are to avoid making a child silent sufferer in legal battle for equal custody.

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Savannah GA Divorce Lawyer - Seymour divorce scuffle case resolves in court

By Debra Friedman

STAMFORD ­-- What began as a highly charged court case between a supermodel and her estranged husband's private security guard ended quietly Friday in state Superior Court.

A disorderly conduct charge against security officer Joseph Babnik for allegedly shoving model Stephanie Seymour in a June skirmish was nolled after all parties involved came to a closed-door agreement.

The legal term "nolle" means that the state's attorney declined to prosecute the case and the charges will be automatically dismissed in a year if Babnik, of Carmel, N.Y., is not arrested again.

The misdemeanor charge was filed after Greenwich police responded to a scuffle at print magnate Peter Brant's home in the backcountry.

The conclusion comes after strong words and threats from lawyers on both sides. The incident even sparked a civil lawsuit against the former Victoria's Secret model.

Babnik, a former New York City police officer, was arrested after police responded to a 911 call from Seymour's assistant. Seymour told police Babnik shoved her into a door when she attempted to get inside the main house.

Babnik denied the allegations and said the dispute started after Seymour grabbed his employment papers out of his hands. Initially, Babnik's lawyer said Seymour fell into the door.

The incident was one in a string of calls that led police to the billionaire's home to deal with issues stemming from the celebrity couple's pending divorce.

Seymour was ticketed for creating a public disturbance on June 5 for throwing a different security officer's keys in the bushes. The ticket was later dropped, according to her lawyer. Seymour also complained to police that Brant was tracking her using a GPS device, a claim his representatives denied.

In July, Seymour's private attorney, Mark Sherman, submitted pictures of bruises Seymour allegedly obtained in the scuffle and said the supermodel was the victim of a crime.

"The situation has escalated to a point where Ms. Seymour is gravely concerned for her and her children's safety," said Sherman at the first court hearing.

Babnik's attorney, Wayne Keeney, said the charge was false and he was prepared to take the case to trial, alluding to the fact that he thought prescription drugs may have caused Seymour to act erratically.

"Whether any medication may have distorted the perception of the events in this incident will likely be a subject of cross-examination in a trial," said Keeney in July.

In the civil lawsuit, Babnik was seeking damages for Seymour allegedly stealing his employment papers, stuffing them down her shirt and slamming his arm in the screen door.

That case was recently dismissed after a judge ruled Seymour had not properly been served a subpoena. Lawyers for Babnik did not comment on whether they planned to re-file the lawsuit.

Sherman and Keeney declined comment on Friday's resolution to the case.






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Savannah GA Divorce Lawyer - Divorce blow-up may have lead to car explosion

by Jonathan Oosting | MLive.com

Detroit Police say a combustive divorce may be to blame for a car explosion this morning on the 15400 block of Monte Vista.

A man told police his ex-wife of several years had been threatening him and driving by his girlfriend's home, where he was staying, earlier in the night.

At 5 a.m. his car exploded.

Police spokesman john Roach told the Detroit Free Press the blast shot the car's roof off and destroyed the front windshield, but no one was injured.






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