Wednesday, July 4, 2012

                                     No Pleasure Cruise for Tom and Katie...Suri to Feel the Wake

 

              As sure as the rites of summer, last week our papers swelled with the news of yet another celebrity divorce.  This time  the always front page marriage of  Katie Holmes and Tom Cruise took center stage, and will likely remain there for some time to come. Katie, after nearly six years of marriage, filed for divorce in New York...while Tom was, of course, out of town filming in Iceland (Iceland????) a movie, perhaps aptly titled "Oblivion."

   

                  Of course, the usual economic issues rise to the top...apparently Tom made $75 million last year, while reports say Katie only eked out a meager $3 million. (What percentage of that sum the formerly happy couple will get the  pleasure of handing over to their carefully assembled team of divorce attorneys one can only imagine)  According to TMZ.com, Katie is not concerned about getting Cruise's money (though it is intriguing and, perhaps coincidental that reports just listed Cruise as the highest paid actor last year)  Apparently, a prenuptial agreement will govern most of the economic issues...though stay tuned to see if either party's attorneys find grounds to challenge that document.  

 

            The real headline grabber, however, seems to be their six-year old daughter, Suri.  According to new reports Katie is seeking sole custody (a term that, for all intents and purposes, disappeared from Florida laws several years ago as the state acknowledged kids are not "things" that one should have custody of).  It appears, however, that Katie wants to get Suri away from Tom, period, or more aptly, away from Tom's association with the  Church of Scientology.   Now it appears that's Tom's affiliation with the group, religion, cult, sect...whatever you want to call it, existed well before the Katie and Tom union.  "So...?"you ask.

 

            New reports cite Katie's concern that Tom wanted Suri shuttled off to the Church of Scientology's 700 acre Southern California desert compound. According to former Scientology members, including, Amy Scobee, who followed the late L Ron Hubbard’s teachings for 27 years, was quoted in London's Daily Mail, as stating that  a myriad of abuses constituting violations of civil and human rights, and tantamount to slavery occur occurred at the Gold Base Sea Org.  Wow...now that's what I call a boot camp.  Did anyone ever say the kid was so misbehaved?

 

         Now, I don't portend to know about Scientology, nor, for that matter willingly learn about it.  However, Cruise's involvement with the group, and how it affects little Suri, nobody can accurately predict at this stage.  Nonetheless, there's that little thing in this country called the Constitution, and specifically, the  First Amendment, giving all people the freedom of religion.  As such, the Courts (and that includes the state of New York ) cannot impinge on anyone's religious freedoms nor can a divorce court compel an individual to make him or her have a child practice one faith or bar the parent from having the child participate in another faith.  In essence, based on religion alone, Katie cannot keep Suri from Tom. 

     

             As this case unfolds, anyone who follows the news, myself included, will, whether wittingly or unwittingly, learn more about Scientology.  Perhaps Katie's legal team will challenge whether Scientology is really a religion (though the First Amendment also protects free speech and self expression).  Of course, if the allegations of human rights violations prove true then, religion or not, the Court's first concern is to protect children, so absent cooler heads prevailing (almost an oxymoron in a divorce) the not-so-pleasurable Cruise  is likely to continue for some time. (Personally, I’d rather be on Royal Carribean’s Allure of the Seas!)

    

         What lesson can we glean from with what now will not be a "happily- ever- after" ending?  It's simple...one's beliefs travel with the person.  They do not stop at marriage.  So, if your mate-elect affiliates with a group, practices a religion (even a more "mainstream" one), grew up in a culture, etc. where the belief system, values, customs and traditions are vastly difference than those of your past, and more importantly, those of your present beliefs, values, customs, etc. what makes you think this will create an environment  compatible with how you want to raise your children?  (Hint...it will not).   Although love may cloud these issues in the beginning, I know as a divorce and family law attorney for nearly 28 years, when the love leaves, these differences take on gargantuan proportions in divorce wars.  I see it not where one partner claims the other belongs to a cult.. but in cases where one partner's beliefs and practices simply do not meld with the other's!          

 

       It's too late for Katie.  For those contemplating spawning and marriage, think before you ink that marriage contract.   Whether you need a prenuptial agreement or post nuptial agreement, or whether you are married or have children and aren’t married, and can't come to a common ground, the Law Office of Cindy S. Vova, P.A. is dedicated to helping you come to a peaceable resolution of your family law situation.  For us, there is no "Mission Impossible."

 

       A happy 4th of July to all Americans who have their freedom, and a big thanks to those men and women in uniform who help keep it that way!

 

Cindy S. Vova

The Law Office of Cindy S. Vova, P.A.

Pine Island Commons

8551 West Sunrise Boulevard, Suite 301

Ft. Lauderdale, FL 33322

(954)316-3496

www.vovalaw.com

info@vovalaw.com 

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