Saturday, April 23, 2016

Was justice served in custody fight?

A campaign to bring two Madison teens home to their mother has blown up local Facebook pages over the last few days.  JJ's inbox has received a few messages from readers who are very concerned about this situation.  The Facebook page posted this message on April 20:

On April 19, 2016, Madison County Judge Walker, helped an abuser take custody of two children. They were tricked into their father's car, while pleading to be taken to the detention center instead. The children were not allowed to say goodbye to their mother, family, and friends. Even their principle and teachers stood helpless, desperately trying to console the children. Instead of consoling his children, the father instead demanded the arrests of the bystanders, thankfully none were detained. These defenseless children left with nothing more than the clothes on their backs. Three weeks before the end of the school year...gone. No contacts, glasses, favorite books, clothes, nothing. I am confused how this cruel-senseless act was in "the best interest of the children". The mother is not allowed to hear their voice for 3 months. 90 days. 2160 hours. Please help us take a stand and bring these Madison Siblings Home.
The page is called "Bring Madison Siblings Home".  The children at issue even created a Youtube video.

However, there is always another side to a story.  There is an opinion from  a Louisiana court that provides some more information.  The Louisiana Fourth Circuit Court of Appeal stated in a February 2015 opinion:

In this domestic case, the appellant, Radhika Pochampally, appeals the judgment of the trial court rendered on November 20, 2013, and amended on December 18, 2013, granting Havijayendra Jaligam’s rule for contempt and for Attorney’s Fees and Costs, finding Radhika Pochampally in constructive contempt of court for intentional violations of visitation orders...

On March 8, 2012, the mother, Dr. Pochampally filed a motion to relocate the minor children. On July 31, 2012, after a full hearing, the trial court granted the motion allowing Dr. Pochampally to relocate the permanent residence of the minor children to Jackson,Mississippi...

On August 15, 2012, the father, Dr. Jaligam, filed an ex parte order granting permission to travel with minor children on a family vacation to Virginia. The motion requested that he be allowed to retrieve his minor children from Jackson, Mississippi on the evening of Thursday, August 23, 2012, and return the children to school on Monday, August 27, 2012.2 Pertinent to this order, respective counsel for both Dr. Jaligam and Dr. Pochampally participated in a teleconference with the trial court on August 7, 2012, wherein the court advised Dr. Jaligam that he would be permitted to travel with the minor children on August 23, 2013, through August 27, 2012, provided he received a letter from the school permitting the children to miss school. After providing the trial court with the requested documentation from the school, the trial court, on August 15, 2012, granted Dr. Jaligam’s ex parte motion allowing the children to travel with him.

However, on August 10, 2012, Dr. Pochampally filed an emergency petition for protection from abuse against Dr. Jaligam in an alternate jurisdiction, the Madison Municipal Court, State of Mississippi. On August 16, 2012, the Madison, Mississippi Municipal Court issued an ex parte emergency domestic abuse protection order against Dr. Jaligam. Dr. Jaligam was ordered to appear before the Mississippi court on August 23, 2012, the very day he was to depart with the minor children to Virginia for a family wedding, pursuant to the court ordered vacation. As a result of this ex parte emergency abuse protection order, Dr. Jaligam was effectively precluded from exercising his court sanctioned visitation travel with the minor children.

On August 28, 2012, pursuant to the ex parte emergency abuse protection order, Dr. Pochampally filed a petition for a final domestic abuse protective order which was heard before the Yazoo County Court, State of Mississippi on October 23, 2012. On October 30, 2012, that court denied Dr. Pochampally’s petition and issued an order finding that no evidence was present which warranted a finding of domestic abuse and denied the final domestic abuse and protection order. As a result of Dr. Pochampally’s actions, Dr. Jaligam was effectively denied his court ordered visitation with his children.

On December 19, 2012, Dr. Jaligam filed his first rule for contempt, pursuant to La. R.S. 9:346, against Dr. Pochampally for willfully refusing to comply with court orders, specifically visitation orders. A hearing was set for April 4, 2013. However, during this interim period Dr. Pochampally continued to thwart the father’s ability to visit with his children. On March 21, 2013, she was ordered to transport the minor children to Dr. Jaligam in New Orleans for his March 21-23, 2013 weekend visit; Dr. Pochampally failed to deliver the children.

On April 4, 2013, a hearing was held on Dr. Jaligam’s rule for contempt against Dr. Pochampally. While the rule remained open, the trial court issued an interim order which was signed as a judgment on May 6, 2013, ordering Dr. Pochampally to transport the minor children to New Orleans for Dr. Jaligam’s court ordered visitations. Dr. Pochampally, again refused to deliver the children in accordance with the May 6, 2013 interim order for the weekends of April 19-21, 2013 and May 3-5, 2013.

Based on Dr. Pochampally’s continued actions, which interfered with Dr. Jaligam’s court sanctioned visitations with his minor children, the trial court ruled on Dr. Jaligam’s initial and second rules for contempt. The trial court found that Dr. Pochampally was in constructive contempt of court for the purposeful and intentional violation of its previous visitation orders and judgments intentional violation of its previous visitation orders and judgments...

The trial court found that Dr. Pochampally, denied Dr. Jaligam’s his physical custody rights set out in prior orders and judgments. The trial court not only found Dr. Pochampally to be in constructive contempt of court but also awarded Dr. Jaligam make-up visitations as provided....

Dr. Pochampally argues that she was justified in denying Dr. Jaligam court order visitations because she felt threatened. Yet, she failed to produce viable evidence to support her contention.

However, Dr. Pochamplly appealed her setback to the Louisiana Supreme Court. The Court denied her appeal on February 25, 2016. Justice Crichton wrote in his concurring opinion:

I write separately to note that the record abundantly evidences Dr. Pochampally’s repeated efforts to frustrate Dr. Jaligam’s custodial access to his children as well as her ongoing failure to comply with court orders. For this willful and intentional noncompliance, Dr. Pochampally has been held in contempt several times. Dr. Pochampally’s belief that the court’s orders are incorrect does not permit her ignore them.

The father apparently registered the Louisiana judgment in Madison County Chancery Court and moved to enforce it.  Chancellor James Walker granted the petition although there is a flurry of motions and responses that have been filed over the last three months by the two sides.

The information available to this site on this case is rather lacking but the JJ made a serious attempt to provide both sides of this story that has drawn the attention of so many in Madison. 

45 comments:

Anonymous said...

Thank you for posting this. My kids attend school with both of these kids and have been very concerned. When I first viewed the you tube video I too was very concerned. But I thought there could more to the story and don't think anyone has all the facts. Some parental alienation seems to be going on. The main thing that is so upsetting to me is the fact that these kids were very well liked and seemed to be happy and it is a shame they were not able to finish the last 4 weeks of school here. 4 weeks! Seems as if some compromise could have been made to allow these kids to finish out the year. The oldest would have been "graduating" 9th grade. Pretty big deal to a kid. Just sad all the way around.

Poomjaab Dis said...

How the hell is this newsworthy? I think all parties should be forced to sit and listen to an Indian Customer Service interaction for thirty minutes, which may be recorded for training purposes only.

Anonymous said...

Sad that both of these parents with means are flexing their muscle at each other through lawyers. The kids are the one stuck in the middle and suffering. All the money spent on legal fees, the stress and emotional toll on the children, and for what? So that one can be right over the other?

Anonymous said...

No doubt there is still a lot more to the story-a whole lot.

Anonymous said...

Notice how its only rich people who have these type legal problems?

The litigants have access to funds to retain counsel who can use made up allegations to inflict emotional injury on the other spouse.

Here the mother uses her money to heap misery on her ex husband.

No amount of attorneys fees can make up for lost time/events with children.

The court should consider having the wife committed and put her proffesional license in jeopardy.

I bet then the evil fantasies stop and the kids get to their appointments timely.

Your Tax Dollars at Work said...

https://www.umc.edu/Administration/Centers_and_Institutes/Cancer_Institute/Radhika_Pochampally.aspx

Paul Harvey Presents: The Rest of the Story said...

http://health.usnews.com/doctors/vijayendra-jaligam-779426

Here's the one with the money

Anonymous said...

@6:33 Are you Bernie Sanders? It's only rich people this. Attorney's fees that. You're the one who needs committing. Please step away from the bong & the ballot box!!

Anonymous said...

Really! The father is a cardiologist and mom is a professor. Wonder who makes more money?
How did you forget the judgment that clearly stated that father is an abuser and it is safe for mom to be away from the father. I bet you are paid of by the cardiologist father, while is scraping to fight this fight for her kids.
Also visit 8 years and counting......
You will see this father was brought to this country by the mother.
Visit the criminal cases in LA, this is father is arrested for assaulting the mother. Why are so many people signing anonymous, may be because these are all father's comments.

#LetThemSpeak said...

Our courts are set up to give the abusers the children. They refuse to listen to the voices of the children. These kids clearly are old enough to tell the truth. His youtube video is his voice! Listen to the children!!

Anonymous said...

I have the entire court records from both cases in Madison chancery as well as Madison municipal and also the Louisiana cases. It is very clear that the original judge found domestic violence and actually encouraged the mother and the kids to move out of town citing that it would be less likely that domestic violence would continue. A new, more liberal judge was elected. One that had the ex husband at fund raisers for her campaign. And suddenly the court switched directions and decided the mother was alienating the kids without not one single expert testimony. The judge even transferred custody at a contempt hearing which is illegal because no modification filing had occurred. All of these mysterious shifts of positions from the Louisiana court need to be considered when a brand new judge that has been alleged to be aligned with the ex husband due to possible campaign contributions need to be considered before conclusions are drawn.

Anonymous said...

Please do not misrepresents facts.
The documents presented are not "appeal" for the said judgment.
Just the fact that the father whisked them away 4 weeks before school ends, speaks volumes about his controlling nature.

Anonymous said...

Why are people surprised, when men from predatory, patriarchal, misogynistic cultures behave like men from predatory, patriarchal, misogynistic cultures?

Anonymous said...

Lets get some facts straight. As a parent who has and is dealing with the Mississippi court system the cases are what they are. There is no underlying, untold stories except the abuse of the court system against children and their families. I know this family and at least twenty others currently in this situation including myself. The courts have mastered this corruption to a tee. Take middle/upper class families add in (the buddy system) a GAL, therapist etc... Add in bogus PAS claims. Drain the families emotionally, financially and re-victimize the children to keep the court and their buddies on a generous salary. Do you really not get it? This is their money maker. Do yourself a favor and educate yourself on what the system is actually doing. It won`t be so cute and funny when its your child and family. Oh and please lets not forget they love to gag order you so you can`t tell whats really going on. They use your child as a legal ransom. But don`t worry light is going to be shed on this. The victimization of these children is going to stop. And how dare the person above write a racist comment. You do not know these people, I do and they are twice the human beings you are.

https://en.wikipedia.org/wiki/Richard_A._Gardner

http://www.thelizlibrary.org/bruch/bruch-expanded.pdf

Anonymous said...

I was married to a woman from Alabama that behaved like she was from a predatory, patriarchal, misogynistic culture also. Well...maybe given she was from Alabama....never mind.

Anonymous said...

Somebody wants justice in a Mississippi or Louisiana court? Better be prepared to pay $$$$$$$ to the judges boat/vacation/house fund

Anonymous said...

Those people are from culture with arranged marriage that values money and status more than anything else. What do you expect when it didn't work out? Nobody outside of the family knows what is going on. Stop wasting your time on their business and being used for one side or the other.

Anonymous said...

It is remarkable to me that a judge can decide that parental alienation has occurred without anyone talking with the children in a safe environment ( open court would not be a safe environment).

That is especially true when the children are as bright and articulate as the children involved in this case and anytime a child is over 12 years old!

The children in custody disputes are more often than not the best witnesses to accurately describe what has occurred in the home. In a setting with unbiased adults whom they can believe will protect them and they can feel safe to tell the truth, they will.

In abusive situations, it is healthy for a child to want to be " alienated" from the abuser and to fear the abuser. A child who thinks there's nothing wrong with abuse is likely to become abusive as an adult.

Do y'all not remember too, that there was another case of a Mississippi Indian businessman who was controlling and thought it perfectly within his power as the man of the family to kill his son's wife in Atlanta?

Are y'all not aware that in India, killing your wife or raping women is culturally acceptable by some in the culture?

That the court awarded custody on a visitation violation and placed the power of the court above the best interests of the children is horrible. Rather than rely on hired guns representing the parents, for God's sake, at least, place these children in a safe foster home or children's home until the facts can be determined with some degree of certainty when abuse is an issue!

There is nothing in these documents to prevent me from signing the petition on these children's behalf again. They deserve to have someone figure out who is telling the truth and who is manipulating the system!

I would also support a petition that requires judges to meet in chambers with any children over age 12 and with an independent child advocate also present in custody disputes. I would sign a petition requiring all family court judges to take classes in marriage and the family, child psychology, abnormal psychology, substance abuse and domestic violence before they sit on the bench to decide the fate of children.

The disconnect between the legal system and what we now know about human behavior and mental health is getting wider! They obviously can't even judge who is or isn't a danger to themselves or others!







Anonymous said...

11:47, I couldn't agree more

Anonymous said...

@11:47

*Yawn

Poomjaab Dis Echo... said...


How the hell is this newsworthy? I think all parties should be forced to sit and listen to an Indian Customer Service interaction for thirty minutes, which may be recorded for training purposes only.

You peepuls quit minding business of other peepul.

Anonymous said...

Actually, the students at the children's school started the reach out to media, the Twitter, tumblr, Instagram, and petition. Not the mother. The mother didn't even start the Facebook page. The mom doesn't want this to be about her and the dad. She just wants the children to be heard and to finally be left out of the conflict. It's funny how you are trying to turn this to be about the mom and dad, when it is about a school full of kids trying to speak for their two friends who wanted to finish out school here. Two kids who confided in their school friends. Two kids who have been silenced and have had to make a YouTube video in an attempt to get their dad to talk to them. Sad.

Kingfish said...

I stand corrected.

Anonymous said...

Hey! Anonymous at 10:54 pm.

"Why are so many people signing anonymous"

Interesting question. Why don't you start by answering for yourself?

Pot. Meet Kettle.

Anonymous said...

Who switched this channel over to Dr. Phil anyway?

Anonymous said...

This is a critical and newsworthy case and subject matter and there have been NUMEROUS parents uniting not only help these children but the multitude of other voiceless, defenseless, children who have been forced to suffer similar injustices and abuses. These court sanctioned kidnappings and abuses are pandemic and family court encourages the racket. That is no secret! Reporting and and exposure and transparency will end this fraud and abuse of children. #stillamom

Anonymous said...

Watch for 1800 safe, anonymous MS tipline to report corruption in our family courts.
#mississippiburningalloveragain
C'mon people! Parental alienation doesn't exist In the DSM, it is not real. What laypeople call alienation is simply mental and emotional abuse. The cottage industry judges, lawyers appointed guardian ad litem's psychologists and counsellors use it only as a means to drain protective parents resources - abusive parents use it as a by-proxy means to further abuse a spouse they can no longer control or abuse any other way. Got it?!
Consider yourself educated.
Now, let's all join forces and unite to save the kids and go after the real big bad guys -- the family court players manipulating the strings for $$$ off the backs of our children!
Whaddya say?!

Anonymous said...

#stillamom, me and twenty others are standing with you!!!

Anonymous said...

To all the concerned commenters: The majority of Madison County (parents and children) stands with you. We will fight for all the children being abused by family courts. #praanaback

Another Way To Waste Your Time said...

So, a virtual herd of benevolent do-gooders jump aboard a three wheeled bandwagon to save a broken family from its own cultural oddities.

Isn't this sort of like America deciding to change the internal politics of a country six thousand miles away that's mired in a century back 300 years ago?

Say it with me now...."It's for the children."

Anonymous said...

Dear Another Way To Waste Your Time,

You are obviously one of Mississippi`s finest... either an attorney, judge or GAL because you have that God complex, greater then thou, no soul mentality. If you are not in the legal profession you should be, you would fit in well. FYI the virtual benevolent do-gooders you are referring to are the children of Rosa Scott school in Madison county. They are the beautiful, loving souls fighting for their friends and what is right. I take it that your minisucle brain does not have the intellectual capability to comprehend that our local chancery courts are consumed with cottage industry judges, money hungry GAL`s and therapist that work for the courts best interest. They rip children from loving homes because they know the parent that truly loves the children will fight for them, aka the courts money source. They place abused children back with their abusers and claim that documented abuse is really just PAS which is not even recognized by the American Psychology Association and is not supposed to be legally used or recognized by the courts. Thats how their therapist friends get paid and in return the therapist recommend the children be placed with the abuser so the nightmare continues. The judge, GAL and therapist keep a long, ongoing, court ordered salary going. On another note cultural differences have nothing to do with this. Unless you are Native American, you have no right to to make cultural comments as they are the only true Americans. If you really want to discuss internal politics of a country that's mired in a century back 300 years ago just visit any one of Mississippi`s chancery courts! There you will find those that claim themselves God`s along with their right hand servants. They unleash cruel and inhuman judgements upon the innocent as they sit on their imaginary thrones. Now like the courts say and lets see if you can say it with me... "It`s for the best interest of the children!"

Anonymous said...

3:07 - You're wrong. The 'virtual do gooders are not children at Rosa Scott. They only do what their teacher and nosey parents suggest they do. The do-gooders are people like you who always think you know what's best for others. And you spend your time on your cell phone when you're not here admonishing others.

Newsflash! This is none of your damned business. Do something productive with your time. Go tend the pansies out at the brick interchange at 463. Wear something really cute and wave.

Anonymous said...

Another Way to Waste Your Time

You apparently haven't watched the young man's video. He is nearly an adult, not a five year old!

If you had bothered to inform yourself, you'd see that he has assimilated into our culture and is asking us to be who we say we are!

What the young man doesn't know is that in the U.S., it was once quite common for children over 12 to get to speak up for themselves in a custody battle in private, in chambers. The liberal pop psychology of the 70's suggested that this put children in the intolerable position of choosing between parents they loved. There was zero research to support this silly claim and still isn't any, but attorneys representing unfit parents have seized upon it.

And, worse, the courts then and now continue to allow unqualified psychologists who majored in industrial psychology or psychometrics to appear as " experts" when their only expertise in dealing with families and children is to have had buddies in the legal system who helped them create a resume so they could supplement a failing practice!

Anonymous said...

Who said anything about being a five year old? I think the point being made is a family squabble that escalates to court is not the business of the community gagglers and gawkers. It doesn't take a village.

Anonymous said...

I disagree. This is the communities responsibility. These are our elected officials making biased decisions, failing to listen to the children. Family court has become another battlefield for abusers to continue abusing. It is an epidemic. If you don't believe how bad it has gotten, please drive by your local police station on a Friday night at 6:00pm. You will see parents exchanging their children because one parent fears the other. These children have to deal with watching the other parent physically or verbally assault the other or them. These kids at Rosa Scott are not being forced or pushed by their parents to speak out. They are speaking out because half of them deal with this crap on a daily bases and Pranav and Sahana's reality can become theirs. The children need protecting and deserve to be heard. They should have a say in their own lives.

Anonymous said...

I am glad this is getting people to think about the serious issue of Family Law in this country. The burden of proof and how it works really needs to be looked at.

Anonymous said...

Are the scholars at Rosa Scott selling popcorn?

Anonymous said...

Not that I am aware of but it is clear you have sold your soul!

Anonymous said...

I'll buy popcorn and a t-shirt if they offer it. I admire these young people for speaking out and supporting their friends!

Anonymous said...

The term parental alienation is inadmissable. Courts allowing inadmissable evidence are neglegent I see Richard Ducote in this case he was the last lawyer to cross examine richard gardner before he killed him self. The courts need to be held accountable for allowing inadmissable theorys that have been known to cause great harm to childern. We must protect children from the term parental alienation and its use and abuse in court. i recommend all studying richard gardner in his own words see legal
https://docs.google.com/document/d/1h3OLatqbfEcK9YcFsVu9oyAHEXRGcFTKsHOYsjnmqTk/edit?hl=en&forcehl=1&usp=gmail

Anonymous said...

>> There is no psychological diagnosis of Parental alienation syndrome -- more like a BAD judge.

https://youtu.be/2R7CxvjU7A8

Anonymous said...

God Blessed the USA but good ole boys and GALS are killing off the family.

Rankin and Madison counties have had several recent child custody issues involving ties to other countries and it appears these U.S. children are offered swifter and surer protections and support from foreign countries and cultures.
That speaks volumes.

Anonymous said...

Madison County Strikes Again! I know this bunch. They are really nasty and they love to do this to people. Judge Walker, Heather Aby (our new Public Defender...YIKES!)...God help us all. Trust and believe, the man who said he knows 20 people in the same boat is stating a fact. They will put a mother in jail over a pedophile abuser before they allow anything to interfere with their plan. What a mighty big bed there must be in Madison County to hold all of these crooks. I would love to say my name, but we are currently trying to sue the crap out of these people. It's not easy. Everyone is terrified of messing with judges they have cases before.

Anonymous said...

Collusion, abuse of power, incentives are rampant in MS Chancery Courts and are destroying children and families in epic proportions. Here's how we can really help - A movement for reform exists: Children's Rights Over Court Corruption (CROCC) An organization created to unite individuals with the same goal. To end family court corruption and give children their entitled human rights

https://m.facebook.com/Childrens-Rights-Over-Court-Corruption-1025211634216002/

Anonymous said...

Watch this....mom speaks out
https://www.youtube.com/watch?v=-xRVX4Wjsf0

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