Once again, we see complete system indifference when a father, especially a father with court-ordered custody/visitation, abuses a child.
And then when the protective mother refuses to turn the child over for visitation as ordered, it's the mother who is put in jail. And why a 15-year-old has no say in who she "visits" at this point is a travesty. Why should she be forced to visit Daddy Dearest? But chances are that Mom will be sent to jail unless she forces her.
Welcome to our Brave New World of Father's Rights.
They way things are looking these days, UNNAMED DAD could murder this girl, and all he'd get is a manslaughter charge. If that. Seriously....
Mother Says System Failed Her Daughter After She was Abused
6:21 PM, Aug 23, 2012
Asheboro, NC -- Bruises and marks on the legs of a 14-year-old Asheboro girl beg the question when does physical discipline cross the line into abuse?
Nicole Ewing, the mother of the now 15-year-old Milea, believes what her ex-husband did to their daughter was abuse.
Ewing says it took six days for the bruises on her daughter's legs to finally start disappearing.
She says she turned to the Asheboro Police Department for answers but instead of helping her, she says she now feels the system failed her.
Ewing says the incident has been playing in her daughters mind since it happened on July 21st. "
She said, 'mama, I was in the prayer position,' which was on her knees, 'and he just kept lashing at me'," Ewing said of her daughter.
The mother of two says her heart broke as she watched her daughter's legs turn black and blue. The bruises, Ewing says, are from her ex-husband who used a belt to discipline their daughter when she was visiting her father as a court custody agreement instructed.
"She said, 'mama, I was in fear of my life because I didn't know if he was going to stop'," Ewing said her daughter told her after the incident.
According to a police report, Milea's father said she was "disrespectful" and he in fact "used a belt.." on her.
"I answer on the other end and it's him saying, 'I beat her. Come get her'," Ewing said her ex-husband told her over the phone.
A doctor's report confirms the bruises...more than 10 of them.
"It tears me up," Ewing said through tears.
The police report says an officer spoke with Randolph County Magistrate John Glass and according to that police report Glass said he would "not be issuing any charges on this matter."
But The Randolph County Chief District Court Judge tells News 2 that a magistrate would not have done that in this kind of case because it doesn't follow protocol.
He says the magistrate would have asked the accusing parent to ask detectives for an investigation, the results of which he would have used to determine if any charges would be filed.
But no further investigation was ever done and now the police say the case is closed.
"My jaw dropped. I said you've got to be kidding me?" Ewing said she exclaimed when she heard the news.
More than a month since the incident, the physical marks on her daughter's body are gone but Ewing says all her questions remain.
"I've always taught her to have respect for authorities, but now she says I'd have better luck calling you or a family member versus calling the law because they won't do anything," Ewing said.
According to North Carolina statue 14-318.2, a misdemeanor child abuse is when a child under 16 is disciplined in a way that leaves physical injury.
But case law (68N,C,322) set forth by the State Supreme Court says a parent "cannot be criminally liable for inflicting moderate punishment to correct the child. And "moderate punishment" is explained further as any "punishment that does not inflict a lasting injury."
So, did Milea's father abuse her and did the Asheboro Police Department drop the ball?
Those are questions Ewing hopes the courts will help her answer.
Asheboro officials have refused to comment any further.