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Richard Luthmann
NJ Family Court's Ruling Puts 4-Year-Old at Risk, Expert Says
2024-06-20
Renowned Expert Testifies to Abuse; Mother Left Penniless, NJ Child Support Cut Off
By Richard Luthmann
The Bergen County, New Jersey, Family Court faces scrutiny for a decision that placed a 4-year-old girl, M.C., in the custody of her father, Jimmy Cerveaux. Renowned forensic psychiatrist Dr. Bandy X. Lee has called the ruling dangerous, alleging the father’s history of abuse in letters to Judge Michael A. Jimenez filed as part of the court record.
According to sources with knowledge of the case, Cerveaux, a C-Level Executive, is engaging in a despicable modus operandi, using his superior financial position to facilitate designer child trafficking and child abuse.
Comparisons are being made between Cerveaux and Dr. Leonard J. Gitter, a Lakeland, Florida, oncologist whose six-year-old son, Adam, died in his custody. Grieving mother Elena Belogolovsky’s Pennsylvania Family Court experience was characterized as brute force, belligerence, and badmouthing Gitter, whose income was at least twelve times that of his litigation opponent.
Here, Houaria Aichour is experiencing the same treatment. Aichour and experts call upon Judge Jiminez and the Bergen Family Courts to act and avert tragedy.
Dr. Bandy X. Lee, an expert in violence and child protection, wrote to the court, stating, "M.C. is in danger of being murdered by her father, Jimmy Cerveaux."
Dr. Lee cited a pattern of physical, sexual, and emotional abuse by the father, supported by medical documentation and consistent reports from the child. Dr. Lee further described a broader systemic issue in family courts.
“There is a clear-cut pattern of physical, sexual, and emotional abuse by one parent—usually the father—and custody is taken from the safe and loving parent and given to the abuser,” she stated.
The psychiatrist highlighted alarming statistics, noting that family court involvement often exacerbates the risk to children.
“Statistics show that up to 20 percent of child murders by a parent may be reduced if there were no family court involvement,” she noted.
Dr. Lee’s appeal underscored that, in many cases, reversing family court decisions would lead to safer outcomes for children.
Dr. Lee detailed multiple instances of abuse reported by M. C., corroborated by various adults, including teachers, a babysitter, and a family friend who is also a pediatrician. M.C. consistently described her father’s sexual assaults, resulting in physical and psychological trauma. Dr. Lee conducted a psychiatric evaluation of M. C. and her mother, Houaria Aichour, further substantiating the abuse claims.
During a session, M.C. described returning from visits with her father in distress, with physical injuries like a deep laceration on her shin. She also experienced trauma-induced regression, such as loss of bowel and bladder control.
Dr. Lee reported, “She went to swim in a pool with her mother... and, for the first time, defecated in her swimsuit,” revealing to her mother that her father had sexually abused her.
Dr. Lee’s findings included M.C.’s statements about her father forcing her to touch him sexually and inflicting physical pain.
“She does as she is told because if not, she will be hit or slapped,” Dr. Lee wrote.
Dr. Bruce Denny, a family friend and pediatrician, confirmed M.C.’s reports. He noted her sudden disclosure of being forced to touch her father’s penis and described her deep sense of shame and fear.
“She told them that her father listened in on their interviews and threatened her not to tell that he was ‘doing bad to me,’” Dr. Denny said, highlighting M. C.’s distrust of CPS.
Dr. Lee’s appeal included stark warnings about the potential for fatal outcomes if the court’s decision is not reversed.
“A father who batters her to the point of making marks and lacerations, who sexually abuses her... is eminently capable of killing her,” she cautioned.
M.C.’s detailed accounts, consistent over time and across various settings, paint a picture of ongoing abuse. Dr. Lee urged immediate action to protect M.C.’s life and well-being.
Systemic Failures Highlighted
Dr. Lee highlighted systemic issues with Child Protective Services (CPS) and family courts, arguing they often reverse the roles of victim and abuser. She has previously published extensively on this issue, declaring the Family Courts are an "Abuse Industry."
“Family courts and CPS working with family courts often work to ‘turn tables’ against the reporter of abuse—turning the perpetrator into victim, and the victim into perpetrator,” she wrote, adding that this has become a global crisis.
Dr. Lee’s Extensive Background On Violence Against Children
The forensic psychiatrist’s expertise and extensive background lend weight to her urgent plea. Dr. Lee has been an expert witness in approximately 200 court cases and consulted on violence prevention globally. Her credentials include teaching at Yale School of Medicine and consulting for the United Nations on violence against children.
Dr. Lee’s comprehensive evaluation and compelling evidence challenge the Bergen County Family Court’s decision, calling for a reassessment to ensure M. C.’s safety.
“We are relying on Your Honor to make the right decision based on a child’s human right to live, and to live in safety,” Dr. Lee concluded.
The case highlights critical issues in family court proceedings, especially regarding allegations of abuse and the weight of expert testimony and mandatory reporting.
Financial Strain on the Mother
The court's decision not only placed the child in potential danger but also left the mother, Ria Aichour, in dire financial straits. Aichour, who had previously sold her company while pregnant with M.C., has struggled financially since their separation in 2021. She detailed how Jimmy, a high-earning executive, manipulated finances to her detriment.
"Jimmy stopped putting money into the joint account, had me start depleting my savings to pay for food, bills," Aichour wrote.
Despite earning over $500,000 a year, Jimmy provided minimal financial support, forcing Aichour to use her savings to cover expenses, including their child's daycare.
NJ Family Court Cuts Off Support
In March 2023, the Bergen County Family Court ordered Jimmy to pay $10,000 monthly in support, acknowledging his financial manipulation. However, after Jimmy claimed he lost his job due to Aichour's "false allegations of abuse," the court reduced his payment to $0 in a February 2024 ruling. The judge also ordered Aichour to pay Jimmy $70,000, further exacerbating her financial crisis.
Aichour described the impact of this ruling: "If we don't do something about the money soon, I will go bankrupt and be homeless in the next few months."
Mother's Plea for Financial Relief
In addition to her concerns for her child's safety, Aichour pleaded for the court to reinstate some financial support.
"My cash is depleting very rapidly, and I believe the Court has made very unfair decisions regarding PL/Child support," she wrote.
Aichour detailed her financial hardships since the separation, including Jimmy's refusal to pay for their child's daycare and his manipulation of joint accounts. She emphasized the urgent need for financial assistance to avoid bankruptcy and homelessness.
Parallels to the Adam Gitter Case
Earlier this week, Elena Belogolovsky held a remembrance ceremony for her dead son, Adam Gitter. Speaking in front of the Union County, Pennsylvania Courthouse, it would have been Adam’s seventh birthday.
Adam's death came amidst a bitter custody dispute highlighting stark disparities in financial resources and parental treatment. The contentious legal struggle, Belogolovsky claims, favored her wealthier ex-husband due to alleged judicial bias and corruption within the Snyder-Union County Family Court in Pennsylvania.
Belogolovsky says Judge Lori R. Hackenberg’s string of outlandish decisions, including reliance on a “troubling” custody evaluation conducted by Harrisburg’s Dr. Arnold T. Shienvold, Ph.D., contributed to the circumstances leading to her son's untimely demise. The grieving mom says this is a "Cash-For-Kids" Scandal.
Dr. Gitter also brags about paying his lawyers hundreds of thousands each year. Sources say he actively incentivized his attorneys to “make life a living hell” for Belogolovsky, the mother of his child.
Court records show Dr. Gitter declares over $60,000 in monthly income. Belogolovsky made under $5,000 and, at times, was between jobs. Belogolovsky, a former academic with credentials from Cornell University and Lycoming College, found herself in Family Court pitted against her well-established oncologist ex-husband and his superior financial standing and resources.
“His lawyers papered her to death,” said a source familiar with the litigation. “After a while, you're in trouble unless you can match the money. And that’s what happened [to Elena].”
Belogolovsky describes a situation where the Family Court scales of justice seemed to tilt in favor of Dr. Gitter’s wealth and influence. Others say it wasn’t just money but Dr. Gitter’s vicious behavior that caused the extended litigation acrimony.
“He’s just disgusting and vicious. Everyone knows his act. He always has to look good and be seen throwing his money in people’s faces,” said one source who did not wish to be named for fear of Dr. Gitter’s reprisals. “He’s a real asshole.”
Money, Justice, or Child Trafficking?
According to experts like Jill Jones Soderman of The Foundation for the Child Victims of the Family Courts, cases like M.C. and Adam Gitter exemplify a broken system. The Family Courts have become a pattern of unheralded abuse and massive danger to vulnerable children through “Cash For Kids,” or the transfer of custody from protective parents into the isolation and control of abusers.
“The cost of litigation, the failure of due process, and proper evidentiary scrutiny have led to massive tragic episodes of children suffering horrendous, unconscionable abuse. Those who are allowed to enact physical, sexual, and emotional abuse and neglect are protected by a phalanx of state agencies. Court officials lie to protect the transgressions of their alter egos, and the next official steps are with shielded documents to protect the transgressors. Litigants financially gouged by illegitimate court fees and lawyers whose allegiance is to the court, not to the client continue the flow of federal funds through Title IV D to state agencies and coffers that shore up the child trafficking and racketeering network,” Jones Soderman writes.
The systemic issues with the Family Courts are not new. The real question here is what Judge Michael A. Jimenez and the Bergen County Family Court will do about it.
Despite the level of zealous advocacy on behalf of Houaria Aichour (the measure of justice she can afford), her voice and the truth of her message are drowned out by her C-Level ex-husband’s purse strings. What more will the Bergen County Family Court do?
Right now, M.C. is in the hands of Jimmy Cerveaux, her father, where top clinicians say she is subject to rape, abuse, and murder. But appears to be the business of Family Court, particularly in Bergen County, New Jersey, where all sales are final.
Richard Luthmann is a writer, commentator, and investigative reporter with degrees from Columbia University and the University of Miami. A transplanted New Yorker, Luthmann is a National Writers Union member andnow living in Southwest Florida.
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