After long delays for one reason or another, the Anderson vs. Anderson custody case began this morning in front of the Honorable Judge Thomas McAvoy “Mack” Brittain, Jr. in courtroom 3 of the Rutherford County courthouse. There was a full day of testimonies from several folks. For this post, I will summarize a few key points and expound on them in the mp3 file included. I am not promising this format from here on out, but I am hoping it will be quicker and a better use of my time. Not sure you would call this an official podcast, but I will do my best to edit the audio to make it pleasant to listen to while including much more information than if I wrote out today’s adventures.
Here is a short recap of a few of the vital issues on the table. Plaintiff Nicholas Anderson filed action against Sarah Anderson after she left the Word of Faith Fellowship (WOFF) February 26, 2016. The son, Aden Brock Anderson first left with Sarah and on a subsequent weekend of agreed visitation for Nick, he did not return the child as promised. March 7, 2016, he filed for divorce and child custody. He first listed he desire for primary care and custody, but also listed a shared custody option.
March 16, 2016; Judge Laura Powell signed a Memorandum of Judgment outlining joint custody and the parameters. Included in this order was the following:
“e. Neither party shall subject the child or allow anyone else to subject the child to abuse, including yelling, shaking, striking or any form of physical abuse.”
I was in the court room that day and felt this was a victory for Sarah. Not a guarantee it would never happen, just open acknowledgment that the Judge was aware it could happen and may have previously. Unfortunately, Judge Powell recused herself February 28, 2017 the day after the first article from the Associated Press outlining allegations of abuse from ex-members.
April 4, 2016- Sarah filed an Answer to Nick’s Compliant. She stated in her motion after telling Nick her intention to not return to WOFF and not allowing their son to return; she was denied access to the marital home “if she would not submit herself to church scrutiny and discipline.”
Also, in this document, under the “Child Custody” section:
“34. That the Defendant has maintained the primary care of the minor child through the date of the separation when the Defendant voiced concerned about the safety of the infant child being subjected to secretive church practices of physical mistreatment in which the Plaintiff was unwilling to intervene and provide protection for the minor child.”
These two points and more were the basis for much of the testimony today. Nick’s attorney, Alan LeCroy from Morganton has a previous commitment on Wednesday. Court is set to resume Thursday morning at 9:00AM.
Hope you enjoy the audio file.
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Continue reading Anderson vs. Anderson – First Day in Court (audio)