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Hernando Today

Concerned father: Don't let my son go

Staff photo by BOB EAST III

Nasser Samad accuses his ex-wife's boyfriend of abusing his son.

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By TONY HOLT

Hernando Today

Published: November 21, 2009

Updated:

SPRING HILL - Christmas is getting closer and Nasser Samad is growing more anxious.

His 11-year-old son is weeks away from boarding a jet and flying to France.

The last time he returned from overseas to visit his mother, he had trouble sleeping and suffered chest pains.

Those symptoms have returned stronger than ever. His son doesn't want to go, but there is nothing he can do. There is little else his father can do.

Samad is at his wits' end. He has played every legal strategy he can imagine to keep his boy from traveling again.

He said he's angry at a judge who has not granted any of his lawyer's motions.

"I feel like the courts are playing a chess game with my son's life," he said.

Samad, who was born in Puerto Rico and is a U.S. citizen, divorced his wife when their son was a toddler.

She has had little contact since she remarried and moved to Paris, where her current husband works, Samad said.

She is not a U.S. citizen. She is not even a French citizen, Samad said. Yet she has rights to her child that her ex wishes could be taken away, especially considering the abuse her son suffered under her supervision, he said.

Her current husband used to live in Palm Beach County. In 2006, his ex-girlfriend filed a restraining order against him, alleging he climbed up to her second-floor balcony and attacked her and her 74-year-old mother, according to court documents.

He hit both of them and shoved the victim's mother to the floor, the former wrote in a sworn statement. Both women reportedly suffered minor injuries.

Samad said his son came home last summer from his visit to France and said the same man locked him in the attic, physically and emotionally abused him and threatened to kill him.

Those allegations have not made it to the judge.

In child custody cases, attorneys can request a guardian ad litem, which is an outside person who can spend time and counsel a child to determine what that child wants and what is best for him or her.

In Samad's case, the judge has refused requests for a guardian ad litem, he said.

The same judge, Daniel Merritt Jr., also has refused to let the 11-year-old boy testify, Samad said.

As for his counseling sessions with his therapist, they also have not been admitted in court because the depositions haven't been completed. That is because of stalling tactics on the part of the mother's attorney, Samad said.

Tampa attorney Mark Neumaier said it is extremely rare for a judge to refuse everything from a guardian ad litem to testimony from the child and-or therapist. He is representing Samad.

A court date was scheduled for earlier this month, during which Neumaier could make further motions on Samad's behalf. It was continued until March.

Samad and Neumaier still are trying to find a way to see the judge before mid-December.

That can only happen if a hearing involving another case is continued or waived. Only then could something be scheduled at the last minute. Otherwise, there is no stopping the boy from flying to France.

Samad is worried about more than whether his son will endure further abuse. He worries about not seeing his son again. He doesn't trust his ex-wife and thinks she is capable of returning to Trinidad.

"My client does have fear of that," Neumaier said. "He is worried he won't come back. An investigation by (the Florida Department of Children and Families) found indications the child was suffering mental injuries. The judge has not heard that yet and at this point won't until March."

Peter Gladstone is an attorney in Fort Lauderdale and is the chair of the family law section of the Florida Bar.

Samad's case, he said, is not unprecedented. When two parents have a child in Florida, both of them maintain rights regardless of where they move.

"The court recognizes parents' rights regardless of citizenship," Gladstone said.

The mother cannot be refused visitation unless "it is proven that traveling overseas is detrimental to the child's wellbeing," Gladstone said. "It must be shown he has suffered some type of trauma.

"The father has every right to go back to court and try to show what did occur during his son's last (visit)," he continued. "I'm not sure why the judge didn't appoint a guardian ad litem in this case. The court must've had a good reason to deny that petition."

Gladstone suggested budget constraints might be the root cause of Samad's frustration. Litigation is made more difficult whenever there is less manpower and fewer resources, he said.

"Courts are certainly overwhelmed with litigation right now," Gladstone said. "Budget cuts have undermined the court's abilities to do everything."

Samad said he has sold all of his furniture to pay for his legal fees. His total bill so far is $52,000.

"I've given up a lot in my life for my child," he said in a quivering voice. "He keeps telling me, 'Don't let me go, please.' ... I just want my child to be heard."

Reporter Tony Holt can be reached at 352-544-5283 or wholt@hernandotoday.com.

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