http://www.mensnewsdaily.com/archive/letters/2004/reader080505.htm

by Wesley Smith

FAIRFAX, VA (Monday, August 8, 2005) -- As society urges fathers to be spend more time with their children, one Virginia Father
faces up to one year in jail for attending his handicapped son's class party at Springhill Elementary in McLean last June 17th.

Mr. Smith was arrested in front of his 8 year old son Liam who has Down Syndrome. Mr. Smith was held on a trespassing charge for
the entire Fathers Day weekend in solitary confinement at the Fairfax County Jail (ADC-Adult Detention Center) before being
released on a $1,000 bond.

Mr. Smith lives in Dublin VA and drove over 4 hours (one way) in order to attend his son's class party. There was no court orde
that prohibited him from attending the school event, his wife sent him an invitation to the party (per court order) and did not
attend herself. Both state law VA CODE 22.1-4.3 and school Regulation 2240.3 require the school to allow non-custodial parents to
attend their children's school events. Mr. Smiths son was happy to see him and even stated several times that he loved his father
and was glad he came to the party. Mr. Smith was not disruptive and was well received by teachers, parents, and students yet
school principal Roger Vanderhye had Mr. Smith was charged with trespassing and arrested in front of his son and other first grade
students and their parents.

Mr. Smth stands trial Monday August 8th at The Fairfax County General District Court and if convicted of trespassing could be
sentenced to up to one year in jail - a pretty stiff penalty for trying to be a good parent and show his son that he still cared
about him.

More information about the incident including photo's, audio clips, and court orders is available at:
http://www.liamsdad.org/hall_of_shame/fcps/roger_vanderhye.shtml

Schools discouraging or preventing non-custodial parents, especially fathers, from participating in their children's school events
is a common statewide problem. While state law and school written policy supports access, some schools such as Fairfax County
Public Schools have an unwritten policy to the contrary and instructs staff to not allow access to non-custodial parents.

While spending fathers-day weekend in jail was unpleasant, Mr. Smith is working to make something good come out of it. Mr. Smith
wants to use the experience to encourage Virginia schools to follow state law and written school policy to allow non-custodial
parents access to their children at school in order to make it easier and a more pleasant experience for other non-custodial
parents to participate in their children's activities at school.

Mr. Smith wants to make sure nobody else has to go thru the same experience of being arrested and that no other children are left
thinking their fathers/mothers didn't attend a school event because they don't love them.

Wesley Smiths

For more information or interviews, please contact:

Wesley Smith 5347 Landrum Rd Apt 1 Dublin VA 24084 (can't afford a phone, but I could call you back)

liams...@liamsdad.org

http://www.liamsdad.org

Mr. Smith is being represented by: Dawn Butorac Office of the Public Defender
4103 Chain Bridge Rd, Suite 500 Fairfax VA 22030 703-934-5600 x121.
Fairfax County General District Court 4110 Chain Bridge Road Fairfax, Virginia 22030
http://www.co.fairfax.va.us/courts/gendist/homepage.htm Clerk of Court, Room 232, 703-246-2153 Fairfax County School Board 10700
Page Avenue, Fairfax, Virginia 22030 703-246-3646 (voice) 703-278-8648 (fax) schoolboardmemb...@fcps.edu Cluster Director -- Denny
Dearden 703-204-3811 2334 Gallows Rd., Dunn Loring, VA 22027 cluster1ad...@fcps.edu Roger Vanderhye e-mail:
Roger.Vander...@fcps.edu Spring Hill Elementary 8201 Lewinsville Rd McLean, VA 22102 703-506-3400 703-506-3497
http://www.fcps.k12.va.us/SpringHillES/index.htm VA CODE 22.1-4.3 http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-4.3

Participation by and notification of noncustodial parent. Unless a court order has been issued to the contrary, the noncustodial
parent of a student enrolled in a public school or day care center (i) shall not be denied the opportunity to participate in any
of the student's school or day care activities in which such participation is supported or encouraged by the policies of the
school or day care center solely on the basis of such noncustodial status... For the purposes of this section, "school or day care
activities" shall include, but shall not be limited to, lunch breaks, special in- school programs, parent-teacher conferences and
meetings, and extracurricular activities. Fairfax County School Regulation 2240.3 http://www.fcps.k12.va.us/Directives/R2240.pdf
... A noncustodial parent retains rights to participate in the special education process, to receive information about the child,
and to participate in certain school activities unless a valid court order specifically removes or limits those rights.
...noncustodial parents have the same rights to attend events at the school (e.g., lunches with children, classroom visits, school
productions) as the enrolling parent. No parent, including the enrolling parent, may limit the other parent's attendance at such
events, or access to the student at school, unless a court order specifically precludes that parent from attendance at school or
access to the student at school. Visitation schedules contained in custody orders do not constitute a specific limitation on a
parent's access to schools. ---------------

Liam's Dad - Wesley Smith

http://www.liamsdad.org

liams...@liamsdad.org

Some of those opposed to equal shared parenting reform argue that the Mother should be the primary caregiver because she is...
well... the Mother. Such an argument is devoid of reason and no more accurate, or less insulting, than to say that 'Mommy should
be at home barefoot in the kitchen'.

--
Men are everywhere that matters!

news:u1_Ie.9554$ia4.5717@fe1.news.blueyonder.co.uk...

Lessee, a suit for false imprisonment and violation
of civil rights under color of law looks like a strong
possibility here...  I hope the Dad gets a lawyer
who'll do a financial ream job on that school
principal's personal assets.

news:11f92k1bqa38043@corp.supernews.com...

yep - sounds like a plan!

--
http://antifeminism.mathews.me.uk

it takes a man to tolerate feminism.

Problem is:  despite any State law or School policy, a principal is given
considerable latitude as to who he will allow or disallow in his school.
Given that this involves a father with a son who has special needs, I'm
almost certain that the father (or the mother, or both) in their dealings
with the principal had heated discussions in the past.  I'm guessing it has
boiled down to a personality conflict...parent vs. principal.  And when that
principal saw that father, he may have simply wanted that man removed from
the premises.  I'm not saying what the principal did is right.

The article doesn't give us a history of that father's dealings with the
school (or the mother's).  For example, if the mother is a screeching shrew
who's constantly badgering the school for one thing or another, *she* might
also have soured the relationship that the father might have had with the
school.

And when it comes to personality conflicts, the principal ends up winning
hands down.  He's sure to come up with a litany of excuses as to why he had
that parent arrested.  Courtroom judges rarely, very rarely, will side with
the parent.  Judges tend to defer to the School's Admins, especially when it
comes to those "gray" areas.

Heidi