Guest Commentary: Our Children Deserve Better

Photo by Colin Lloyd on Unsplash

By Elena D. Riveria

On September 5, 2024, at the “Rally for Action to Protect Children and Reform Family Court” in Denver, Representative Meg Froelich brought attention to a harsh reality: Colorado’s family courts are failing the very children they are supposed to protect. Froelich, a vocal advocate for family court reform, has spearheaded legislation such as HB24-1350, aimed at safeguarding children and survivors of domestic violence. But as she highlighted during the rally, much more remains to be done to ensure that vulnerable children and families receive the justice and protection they deserve.

The tragic consequences of poor judicial decisions extend far beyond Colorado. In California and Colorado alike, children have been murdered due to the courts’ inability to properly assess the risks posed by abusive parents. Investigative reports have uncovered numerous cases in both states where children were placed back in the custody of dangerous individuals, only for these decisions to end in fatal consequences.

One heartbreaking example from California involves the case of 8-year-old Kayden Mancuso, who was murdered by her father during court-ordered unsupervised visitation despite the mother’s warnings about his violent tendencies. Similar tragedies have occurred in Colorado, where judges have placed children with abusive parents, ignoring evidence of violence or coercive control. These poor decisions by the judiciary have left families shattered and communities outraged.

Years of investigative reporting have drawn attention to the system’s failures, yet little has changed. Both states have faced severe public scrutiny, and the cost of these judicial missteps is not just emotional or financial—it is the loss of innocent lives. These cases should serve as a wake-up call to lawmakers and judges alike that urgent reforms are needed to prioritize child safety above all else.

In the face of these tragedies, reforms like HB24-1350 are crucial, but they are only the beginning. Colorado and California must take significant steps to overhaul their family court systems, ensuring that decisions are informed by trauma-informed practices, expert evaluations, and a thorough understanding of domestic violence dynamics. Only then can we hope to prevent further loss of life and create a system that truly protects the children.

The crisis in Colorado’s family courts extends far beyond custody disputes. Parents who lose custody of their children often find themselves subject to biased rulings in both criminal and civil courts, some jailed for reporting abuse and even law enforcement tend to side with perpetrators of violence.  Magistrates like Michael Garlan of Adams County embody a growing problem: court officials who abuse their power, disregarding basic ethics and common sense. Garlan’s heavy-handed rulings have turned courtrooms into toxic environments, where civil rights are reserved only for those with the right connections. This abuse of power is exacerbated by a judiciary that values status within the Colorado Bar Association over the law itself.

The dysfunction within the courts extends beyond just judges and magistrates. Educators like Iskra L. Ivanova, who should serve as examples of integrity inside and outside the classroom, have been allowed to offer false testimony and fabricate evidence under oath without facing significant consequences. These deceptive actions, coupled with biased rulings from figures like Magistrate Garlan, only exacerbate the separation between children and their parents. Instead of addressing these injustices head-on, the legal system often hides behind procedural technicalities, leaving families without the ability to seek proper recourse.

False allegations of domestic violence have far-reaching consequences, not just for individual families but for society as a whole. When individuals like Ivanova make false claims, they undermine the credibility of genuine survivors, making it harder for real cases of abuse to be taken seriously. This abuse of the system damages the very framework meant to protect those in need, turning legal proceedings into weapons for personal gain. As Representative Froelich noted, “The court system has become a tool, a perpetrator of this abuse. Child fatality isn’t even enough.” By enabling these false claims, the courts are not just failing families—they are perpetuating harm on a larger scale, damaging trust in the system and leaving true victims more vulnerable.  All victims of Domestic Violence are further harmed when Law Enforcement and the Courts continue to refuse to address individuals like Iskra L. Ivanova that learn to use the system to their advantage.

This manipulation of the court system weakens the protections in place for survivors of real abuse, wastes public resources, and prolongs trauma for families. If the legal system continues to allow false allegations to go unchallenged and real violence to be ignored, the impact will be felt far beyond the courtroom. Reform is urgently needed to restore justice, hold those who lie accountable, and ensure the system works for the people it was designed to protect.

This pattern of behavior reflects a deeply flawed system in urgent need of reform. Consider the hypocrisy at the heart of Colorado’s family courts: Judges are systematically removing children from parents who speak out about domestic violence and abuse, yet at the same time, they compel children as young as nine to attend court hearings in dependency and neglect cases. This cruel contradiction is a byproduct of an entrenched legal system that fails to recognize the trauma these children and parents endure.

Parents caught in Colorado’s family court system often feel more like they are part of a theatrical spectacle than a genuine quest for justice. As Representative Froelich highlighted at the rally, “We have a long way to go to achieve justice for survivors and protect our children.” Instead of focusing on addressing trauma, the family courts too often resemble the dramatics of reality TV shows like “Selling Sunset”—characterized by toxicity, pettiness, and a disconnect from the actual purpose of the legal system. Decisions regarding custody and abuse allegations tend to be swayed by courtroom politics rather than the safety and well-being of the children involved.

In this adversarial environment, lawyers sometimes resort to personal attacks, calling each other names like “Psychopaths” and “Pills,” concentrating more on winning the battle than on the needs of the families and children they represent. The system not only tolerates but sometimes even encourages underhanded tactics and collusion among lawyers, setting traps for parents to ensure that the more manipulative party retains custody. This behavior has escalated to a level that resembles organized crime, yet there seems to be little concern or oversight regarding how these hearings are conducted or the unprofessional conduct of some attorneys, who at times behave reprehensibly

The dysfunction within the courts extends beyond the actions of judges and magistrates. Educators like Iskra L. Ivanova, who should be upholding ethical standards inside and outside the classroom, have been allowed to provide false testimony and fabricate evidence under oath, with little consequence. These deceitful actions, combined with biased rulings from individuals like Magistrate Garlan, deepen the divide between children and their parents. Rather than addressing these clear injustices, the legal system hides behind technicalities, leaving families with no recourse as they navigate the fallout of a broken system.

Vice President Kamala Harris highlighted this issue in a powerful statement: “No child should be forced to live in fear, and no parent should have to fight a system that is supposed to protect their family.” These words resonate with a Colorado mother who, on March 5, 2018, attempted to raise awareness of civil rights violations after receiving direct correspondence from Harris. Yet, the legal system continues to allow attorneys to profit at the expense of children and their families. Why are we still permitting this? The reality is clear: Colorado’s courts and California Court’s are not safeguarding families; they are perpetuating harm​.

The time has come for Colorado and California to take swift action to reform its legal systems. This means prioritizing child protection, recognizing the reality of domestic violence, and implementing trauma-informed, ethical decision-making practices. Judges and Magistrates who come from predominantly legal backgrounds must learn to understand family dynamics and the effects of trauma, instead of treating family court as a battleground where only the privileged win.

Froelich, Harris, and countless advocates have all called for one thing: a America that put’s emphasis on the well-being of children and our Civil Rights. This involves stopping biased reunification therapies and acknowledging the devastating effects of domestic abuse on families. Colorado’s legal system must stop behaving like a reality TV show and start acting like the forum for justice it claims to be.

This is a critical moment for Colorado and California. The family court system must evolve to value truth, protect children, and respect the rights of parents. Anything less would be an unacceptable failure for the next generation.

 

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