Mother Jailed for Violating Court Ordered Parenting Time with Father
Toronto Star
MOM GETS 60 DAYS FOR DENYING FATHER ACCESS TO THEIR DAUGHTER
The Toronto Star, February 28, 1998, by Patricia Orwen
A Mississauga mother of two is serving a 60-day jail sentence for failing to allow the father of her 4-year-old daughter access to the child "I'm devastated... I don't understand how this could happen," Lisa Barbosa said during an emotional interview yesterday at the Metro West Detention Centre.
"I know people get sent to jail, but couldn't the judge have understood how horrible this is for my children? "Their mommy is suddenly gone and she's in jail."
Barbosa, 31, had been ordered several years ago to allow Richard Dadd, the father of 4-year-old Britney, regular visits with the child.
He took her to court, arguing that he was denied access a number of times.
She, however, maintained she always complied with the order, except when the child - who is asthmatic was sick.
She was jailed Monday after a hearing in a Brampton court.
Dadd said he was not surprised by the judge's decision.
"I can't say I'm happy that the mother of my child is in jail," he said.
But "this is really the other side of the coin," Dadd said.
"I've been prevented from seeing my daughter on all her other birthdays... Fathers Day... a lot of times... so now things have turned around."
Barbosa, who was allowed only a short telephone interview from behind a plexiglass wall in the visitor's room of the jail, said she fears that both her children will he emotionally scarred by her legal battle with the father and, now, by her jailing.
Tuesday is Britney's 5th birthday.
"What will she feel when I'm not there?" asked Barbosa, who has always been a stay-at-home mother to Britney.
Barbosa and Britney's father were never married. She has another child 18-month-old Joey, by her husband, Tony Barbosa.
Barbosa said her children have never been without her for any length of time.
Little Joey, she said, is so upset by his mother's absence that Tony has had to take time off from his job to take care of him.
"I'm afraid for my children and I'm afraid for myself" said Barbosa, who was sentenced for breaching a court order which allowed Dadd, 34, of Mississauga to visit the child.
In court, Barbosa denied breaching the order. Dadd, however, testified that he had been prevented from having his court-ordered access to Britney on numerous occasions.
Dadd and Barbosa began their relationship in 1983. Though they dated until 1993, when their daughter was born, they never lived together.
Barbosa said she has custody of her daughter; Dadd was granted access and ordered to pay $250 a month in child support.
PROTECTIVE CUSTODY
Dadd, who is now married to another woman, has temporary custody of Britney while Barbosa is serving her sentence.
Asked how the child was reacting to her mother's jailing, Dadd said he had not told the girl.
Barbosa was placed in protective custody last night after she reported to officials that other inmates had threatened to beat her.
She has requested a transfer to another facility.
Her mother, Nancy Tempelmann, has contacted Toronto family lawyer Lauren Israel.
She has also enlisted the support of the mothers' right group Mothers Against Fathers In Arrears.
Dadd says he has kept his child support payments up to date.
When told about the case, Israel said she had never heard of any woman receiving a 60-day sentence for such an offence.
"It's very unusual," she said.
Tempelmann, 51, who attended the court hearing with her daughter, plans to picket outside the jail.
"I told the judge they (Barbosa and Dadd) were both to blame for the situation.. . and I asked for his mercy," said Tempelmann, recalling her shock at seeing her daughter led away in handcuffs.
The most unfortunate aspect of the case is that "two children are being punished by having their mother taken away;' said Kaarina Pakka of MAFIA.
Her organization knows of only one other case of a mother being jailed under similar circumstances.
Last year, Deborah Grenier of Hamilton was jailed for six days after the father of her child won a contempt of court motion in family court.
In that case, the father argued that his former girlfriend and mother of their 2-year-old daughter had breached a court order by refusing to let him see their child.
