Help Bring Dilara Home
Dilara Gider an 8 year-old second-grader in Nashville, Tennessee is in desperate need of your help. The photo of the family is from September 2014. The entire family (Mother Lydia Hubbell, half-sister Callie Hubbell and half-brother Noah Hubbell) has not been together since Mother's Day of 2015 because of abusive misuse of the legal system by Dilara's father and his attorney Sarah Reist, Reist & Maples, Nashville, Tennessee.
No, he isn't a monster, he got caught up in a situation he wasn't prepared for and it is likely that he is simply suffering from an adjustment disorder, like Dilara's mother did. She tried for years to get him to get help, like like did, but wasn't interested. People should never hire lawyers when they really need a good therapist. Or Jesus.
Dilara's family bears absolutely no ill will towards him. The hope is that the court will correct it's mistake and that he will simply stop going down this wrong road and focus on meeting Dilara's needs and stop attacking Dilara's mother. Dilara has two good parents and she should have equal access to both of them.
Details below and email me if you have any questions.
PLEASE HELP AND SPREAD THE WORD!
"This was our first visit together after over a year of no contact due to her father's fraudulent misuse of an Order of Protection issued by Judge Phillip Robinson, Third Circuit Court, Davidson County, Tennessee. Dilara's father and his unscrupluous attorney, Sarah Reist circumvented the custody and visitation order in Juvenile Court by going to Third Circuit to a new judge who knew nothing of the case. The lies told in Sarah's opening statement unfairly prejudiced Judge Robinson against me, and I had less "credibility" anyway since I did not have an attorney representing me."--Lydia A. Hubbell, Dilara's mom
PLEASE COMMENT ---SCROLL ALL THE WAY DOWN TO THE BOTTOM OF THIS PAGE TO COMMENT. iF YOU ARE AFRAID OF RETALIATION, MAYBE YOU CAN MAKE AN ANONYMOUS COMMENT, OR i CAN SHARE YOUR COMMENT MYSELF.
Who will benefit from this campaign?
Immediately, Dilara Gider and her loved ones.
A victory over corruption in the family court system is a victory for every parent and child and for every American who values freedom and justice and who believes that children's needs are paramount and the desires of the parents are secondary.
This campaign will encourage judicial accountability and family integrity in Nashville, Tennessee, and all over the country. It is true that, "Injustice anywhere is a threat to justice everywhere." Your donation will contribute to the fight against injustice.
What will the funds be used for?
All funds will go directly for legal expenses to secure Dilara's right to enjoy equal access to both her mother and father, as she did for the first 5 1/2 years of her life until her father decided to cut Dilara off from her mother and the family members, friends, neighbors, pets, church, and other people and experiences that Dilara had been blessed with during her mother's 185 days a year of parenting time.
Dilara's mother went from having 185 days of parenting time to zero days of parenting time, which is contrary to all relevant laws and even common sense. It is in the child's best interest and the law requires that Dilara's time with her mother be restored, but it won't happen unless there is a lawyer fighting for justice.
Dilara has been damaged emotionally from this court-ordered abuse and has complained to her father, her counselor, and mother (during a few hours of supervised visits) that being cut off from her mother has made her feel worried and sad and angry at her father for keeping her from her mother. She has told him that she "acts bad" at school because she needs her mother. After being cut off from her mother in June of 2015, she has been disruptive and violent, even to the point of breaking her teacher's foot and biting another adult to the point that the skin was broken, and other behavior that led to 6 days of suspension in less than the first six months of this, her second-grade school year.
The courts should not be used to create emotionally damaged children who can be expected to grow into emotionally damaged adults without someone intervening to ensure that a child's needs are met.
Dilara has explained to her father that she is grumpy and irritable at school because she can't sleep at night because she misses her mom and feels worried and sad and cries in her bed. He has shown that he does not care about her emotional needs, nor about how her "acting out" affects the teachers and classmates at her school.
Dilara's mother, Lydia A Hubbell has been fighting for justice for her family for 2 1/2 years and expect the battle to be won within the next few months if she can keep up with the legal fees that the other side has run up by filing frivolous pleadings and rescheduling hearings or striking motions at the last minute, or doing whatever possible to cause delay and run up cost that everyone knows Lydia cannot pay without begging for help from others.
Dilara wants what she had before court interference. She wants to have a peace, security, and maximum participation of both parents in her life, and her educational needs met in the best way possible--in a homeschool administered by her mother.
Lydia has shared some of her story on Youtube, most briefly in this video (please read info in the description)
You may find her on Facebook at Facebook Lydia A Hubbell
Lydia is willing to answer any questions or concerns anyone might have about the merits of her case.
How soon are the funds needed?
We need $3,000 by January 27, 2017 to cover an arrearage with Connie Reguli, the attorney who is working towards restoring Dilara to her mother's primary care. There will be a major hearing Feb. 10 that will require additional funds. The $5,000 posted is an estimate of what will be needed to cover the arrearage and contribute to preparation for the Feb. 10 hearing. Connie's law firm is Law Care Family Law Center
Connie was first retained by Dilara's mother several months ago to prevent Dilara's father and his attorney, Sarah Reist, from extending a fraudlently-obtained order of protection that was used to cut Dilara off from all contact with her mother from June 15, 2015 to June 15, 2016 .
Dilara's mother, Lydia, has appealed the current custody order, but Dilara's father and his attorney, Sarah Reist, have filed a new petition, despite the current order gives Dilara's father 365 days a year of parenting time, and Lydia zero. The purpose of the new petition is to make Lydia's pending appeal moot. This is the kind of abuse of the legal process that needs to be recognized and stopped.
What is the background?
Lydia has mostly represented herself in civil court matters as she cannot afford an attorney on her SSDI income. Lydia has several health problems that have left her unable to engage in substantial gainful activity for the past 15 years or so and this fact was one that was used to restrict Dilara's time with her mother. Dilara's father has enormous financial resources in comparison. Lydia, whose professional background and education has primarily been in the field of childcare and who has been a full-time homemaker and mother for the past 19 years, has had no choice but to slog her own way through the family court system to defend her family.
Lydia has lost 2 custody trials and a contempt trial (for violating an unlawful gag order by exposing the abuse) in Juvenile Court and unsuccessfully opposed an abusive and fraudulently obtained order of protection in Third Circuit Court, but has 3 appeals pending in the Court of Appeals. The appeals court judges review for error and will set thimgs right eventually.
Lydia has also been vindicated in criminal court of false charges by Dilara's father that resulted in Lydia's four arrests in the past 18 months or so. The favorable resolution of all these cases was accomplished only through the zealous representation of Nashville's Public Defenders, Adam Pienciak in particular. The prosecutors don't seem to care if someone is guilty or not, they seem to either want a conviction or a plea bargain, regardless of the facts of the case. The crimnal court system is also unfair to the financially disadvantaged. And perjury seems to never be punished, therefore, it is indulged in on a regular basis, which hurts everyone.
Prior to Lydia's experience in the legal system, she was under the false impression that parents had to have harmed their children or done something wrong to lose custody or parenting time and people didn't get arrested unless they had broken a law.
There has never been any child abuse or neglect, or any threat to Dilara's well-being while in her Mother's care. The whole court case has been based on lies, misrepresentations and disregard of all relevant fact and law. Dilara wants and needs both of her parents involved in her life to the greatest extent possible, which is what she enjoyed for the first 5 1/2 years of her life until her father asked the court to intervene in her happy and stable life.
How helping in this case will help others.
This kind of family court corruption is hurting families all over America. You get the justice you can pay for and often the best liar wins. If you don't lie, you have an uphill battle, and if you don't have money for zealous representation, you have almost no chance of prevailing.
Lydia has learned that the judges at the trial court level can do anything they want. Even if you win on appeal, before the appeal decision is announced the adversaries can start up a new case and render the appeals decision moot. Every family in America is at risk unless we challenge these abuses of authority and other injustices.
Although CASA and DCS (known as CPS or other names in different states) have been involved in Dilara's case based on false child abuse allegations (actually spanking and homeschooling were the official reasons why the CASA referrral was made), nobody has advocated for the child. Even a GAL who was appointed and who stayed on the case even when it was shown that Lydia had not abused nor neglected Dilara did not advocate for the child, but was simply an extra lawyer for the father. Nothing that has happened to Dilara because of court intervention has been in the child's best interest
Lydia has committed herself to fight to restore and maintain judicial accountability, especially as it relates to children and families. This experience has not left either Dilara nor Lydia unchanged and they both want to prevail over the injustice and to what they can to keep other families from suffering this kind of tragedy. We need to all work together to spread awareness and to force change.
The people, not the president, have the power to make this country great again and it will never happen as long as people are allowed to prey on children in the court system.Save
I'm not sure what Connie and I are going to do...she may have to withdraw and I may have to go forward on the contempt petition pro se in hopes of getting her paid by my adversary for work she has done to get to this point. The frivolous filings and unnecessary continuances have eaten up lots of billable hours and this whole custody fight never should have gotten started in the first place.
Connie has been willing for me to do much work on my own to save money, but I still need money for the costs I am incurring and I don't think they are eligible to be paid for by my adversary unless the judge makes him pay my costs as some kind of sanctions.
I'm having to get help at this point just for living expenses, and I am keeping the legal expenses separate.
Please help! I also have some court costs I need to pay on, but if I can get $100 in the next day or two, it will cover the immediate needs.
And please pray for my situation. I am hoping a favorable ruling from the appeals court will come in soon and set things (mostly) right without having to collect thousands of dollars more, although I believe that even 7 or 8 thousand dollars can be raised quickly and keep Connie on the case if enough people give what they can and ask everyone they know to contribute and share, as well.
Dilara is on Spring Break now and will be in the care of third parties rather than in the care of her own mother, who is willing and able to care for her personally. It is very sad for both of us and so unfair.
Also, the judge will not allow Dilara to testify. I have been blamed for all of Dilara's behavior problems and emotional distress, rather than the father being blamed, as Dilara herself has done. Seriously, how can I be causing her distress when I have not been in her life in any meaningful way in almost 2 years? Dilara has been crying out for help, but nobody hears her over the roar of her father's false and ridiculous allegations.
I am being blamed for Dilara's distress and I have been blamed for causing Dilara's father to incur thousands of dollars in legal fees (by fighting his efforts to cut me out of her life) and I have been accused of defaming him, when he is the one who has lied and cheated to steal me out of Dilara's life.
Will he get away with it? Why wouldn't he? Unscrupulous lawyers and alienating parents do this kind of thing every day, all over the country.
I'm filing an interlocutory appeal of today's order and I'm waiting for the Court of Appeals to set things aright.
I'm $7,000 or so in arrears with my attorney and I need to get her paid so she can continue to represent me and get the justice that Dilara deserves.
Please help. https://www.facebook.com/groups/1124916010970336/
I know it is hard to believe that people can be arrested when they have not broken any laws, or that competent and nurturing parents can be cut off from all contact with their children by court order, but it happens all the time. I didn't believe it until it happened to me.
Yesterday the Tennessee Court of Appeals published an opinion that has a lot of similarities to my case. Lies, misrepresentations, judges who ignore the law. It is pretty scary. And sad, because this kind of corruption hurts a lot of innocent parents and children. http://www.tncourts.gov/sites/default/files/allenmarkantonioopn.pdf
I don't know when the appeals court will be done with my case, but we still have 2 months before the contempt trial, where I hope my daughter's dad will be found in contempt and ordered to pay my attorney's fees.
Please donate, share, comment, pray. It has been almost 3 years of court interference and the end is in sight, but I have no hope of ever having a mother-daughter relationship if I can't afford to pay an attorney to fight for her.
Online donations can be made directly to my attorney at www.tennfamilylaw.com
Nobody should have to go through this when there are laws and rules and procedures that would protect all of us if they were observed.
This update is courtesy of Shanya--one of Dilara's best friends since they were 2. Shanya is also tired of waiting for Dilara to come home.
Besides writing a letter to Dilara today, she also wrote a note to "Judge" and is attaching a petition to it. Way to go! The petition was totally Shanya's idea. PLEASE SHARE THIS AND SHOW APPRECIATION FOR SHANYA'S EFFORTS! I will tell her how many visits we got after this update! And how many comments and donations! The children have more power than anyone realizes. It is THEIR future that the grown-ups of today are putting in jeopardy.
From Dilara's friend, Shanya..."Dear Judge, I really need Dilara back. Are you really breacking the law?! I need her I didn't see her in a year in a half! We need her back! Who agrees..(list of names) Shanya told me she is taking it to school for all her friends to sign. I will send a copy to Judge Sheila Calloway, to Judge Phillip Robinson (who was responsible for the first year of no contact), the Mayor, the Governor, the Tennessean, and anyone else. Please share.
Cruel and UNLAWFUL orders of the court have FAR REACHING effects. The children who went WILLINGLY to jail in Birmingham in 1963 had their voices heard by people all across the country.
Dilara last saw Shanya on June 12, 2015, 3 days before Judge Phillip Robinson's Order of Protection went into effect. Dilara is the girl on the slide in the photo.
I need money not only for legal fees, but also to pay for supervised visitation since DCS finally realized that they are prohibited by statute from paying for supervised visitation since there was no abuse or neglect and they were not the petitioner or intervening petitioner. They paid for 45 or so hours---your taxpayer dollars!
Well, Dilara's friend, Shanya has had enough! I asked her if she wanted to write a letter to Dilara and to the judge and Dilara's lawyer to let them know what she thinks, and she ended up writing a petition (her awesome idea!) and she put it in her binder to take to the school for her friends to sign. I showed Shanya a video on youtube about the Children's March in Birmingham and told her that even if the black people weren't free in 1963, at least the government didn't steal children away from their mothers.
One statute that the judge has ignored is Tenn. Code Ann. § 36-6-301 (2016) There was never any finding that unsupervised visitation would endanger Dilara's physical or emotional health. On the other hand, her order has DESTROYED Dilara's emotional health and has put her physical health, and the health and safety of others at risk. And the judge is DRAGGING HER FEET to get Dilara the relief she needs. She needs her mother in her life in a meaningful way. She never should have had her mother ripped out of her life in the first place.
After making an award of custody, the court shall, upon request of the non-custodial parent, grant such rights of visitation as will enable the child and the non-custodial parent to maintain a parent-child relationship unless the court finds, after a hearing, that visitation is likely to endanger the child's physical or emotional health. In granting any such rights of visitation, the court shall designate in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations and other special occasions. If the court finds that the non-custodial parent has physically or emotionally abused the child, the court may require that visitation be supervised or prohibited until such abuse has ceased or until there is no reasonable likelihood that such abuse will recur. The court may not order the department of children's services to provide supervision of visitation pursuant to this section except in cases where the department is the petitioner or intervening petitioner in a case in which the custody or guardianship of a child is at issue.
HELP BRING DILARA HOME, TO HER FAMILY AND TO HER FRIENDS!
I have shared and you keep fighting no matter what, I am appalled that her father is using the system to alienate this child. If you can start a FB group page and if possible any supporters to do a rally. Make the public aware do what you can. More that gets out there the more the power diminishes because it is known to the public. They cannot gag you it is against her constitutional right and further more The children are more important. Good luck and wish you the best!!
This is one of the reasons why I became an advocate and signed so many petitions. I have gone through this type of thing myself. I tried to protect my children but it has not worked out totally. My first born is still with one of my family members and he is still being hurt by her. It has been some years since the limited guardianship was put into place and I have been up against brick walls trying to get my first born back with me for years and nothing I have done has gotten him back with me and now I am over three hundred miles from my first born. My second child I am lucky in a way to have under a roof with me raising him because me and the dad agreed to fifty fifty custody but at the same time I can not move more than one hundred fifty miles from the dad and most of my family is in the upper peninsula of Michigan and a few of my family members are having dangerous health problems up there and it worries me that if I can not move back up there where I and my youngest son belong fast enough there will not be anything left for me up there because it would be too late. Where I am at right now is actually causing me more stress and mental problems than I was having up there. The only way I can move back upstate without any interference by anybody is if my youngest son's dad dies before me. The dad of my youngest son tried to steal my son from me totally when we were still upstate with the help of one of his family members and a doctor. I will never forgive them for that just like I will never forgive the legal system and my family member who has my first born for stealing him from me. I have pretty much lost hope in ever getting my first born back because of how crooked these people are.
LeAnne,said, "I'm broke myself, but I used my credit card to donate $10.00...I now have a whopping TWO DOLLARS in available credit & glad to have it...it beats being over the limit LOL If I can scrounge up ten bucks to make a difference in a child's life, I know every one can do the same..." She is not the only one to "give till it hurts" to help me in my fight to get Dilara's needs met. So many of us are broke. So many people are in financial need. Thanks to much to all who support me with prayers and encouragement. That satisfies me, but not my lawyer....the corruption is vast and the only way for her to be able to use her talents effectively is if she is paid for the time she spends on a case. I have done everything I know to do to keep my bill as low as possible and I hope that my case will be over soon. This isn't a "bottom less pit" we will keep throwing money into.
God bless you im an alienated and maligned parent of now completely brainwashed twin girls. COURTS FASCILITATEF THIS DESTRUCTION!
I hope things work out for your family it took me two years of fighting to get my kids home.
That same judge did the same thing to my family. We got a reversal 2 months later. He should be stopped. You are correct about criminal court as well. Been there, done that. Prayers for you and your daughter.