Shawn Adele Fabian-Schmidt is a NC non-custodial mother in North Carolina who has had one supervised hour of visitation with her children in over 2050 days. This is more visitation than inmates in Raleigh get with their children and it is time for the Onslow County NC Courts, along with Onslow County Department of Social Services, to bring this matter to a resolution. In reading about Shawn Adele Fabian-Schmidt, many may be quick to point out her past mistakes which are significant, but she has payed her debt to society and is making needed changes to her life. By keeping children away from another parent for over 2050 days without so much as a supervised visit, we believe that the father in this matter, along with DSS and court officials, are creating an environment that will make reunification with Shawn Adele Fabian-Schmidt difficult for the children which is not in the best interest for them. Many in our organization might be shocked to learn that NC Fathers is helping Shawn Adele Fabian-Schmidt (a non-custodial mother), after all our organization is supposed to be creating a system where there are more non-custodial mothers and custodial fathers right? WRONG! Our organization believes that NO parent should be stigmatized to a different role than another parent. We are not here to reverse roles, and see more non-custodial mothers, we are here to advocate for all non-custodial parents in their quest to become equal parents with equal access especially when they have done bad things and make changes. NC Fathers also has a message for the ex-husband of Shawn, being a father in North Carolina who usually winds up on the wrong side of custody matters, you would likely be on our site claiming how the system is unfair and how you rarely see your children. Given this fact, seeing you capitalize on Shawn’s past and alienating her from the kids in this matter is beyond comprehension. One would think you would understand the plight of non-custodial parents and work for a system that is about equality and one that puts children first. We also believe this issue is very much related to this mother’s case. This is Shawn Adele Fabian-Schmidt’s story:
People ask me all the time “How this could have happened?” My answer is still the same. I have no idea.
By Shawn Adele Fabian-Schmidt
In 2005 My ex husband came home from Iraq a changed man. We had had problems of Domestic Violence for years which eventually led to me leaving him in 08’. At which time he came down to my home state of Texas to retrieve myself and our two kids with promises of “getting help”. It never happened. There are police reports showing how intense the situation grew, however they were always based on lies. He’d leave me stranded at home and run to the magistrate to file charges in which I would be picked up and put in jail, most dismissed never gaining conviction but 1 for simple assault. In 09’ I decided to separate and asked him to not return to our home. He did that and due to money and his career he decided to make it a legal separation hiring Deke Owens out of John Drew Warlick Law Firm in Jacksonville, NC. I hired Vicki O’Brian after receiving my initial paperwork, an attorney with Collins and Maready also in Jacksonville, NC. Ms. O’Brian later passed my case onto Ms. Maready due to her transfer to practice Law at Camp Lejeune. There are several police reports stemming from March of 09’ to Aug of 09’ for various reasons made by my ex husband, non of which held ground for charge until Aug 23rd of 09’. He stated I tried to “Run him over with the car”. Assault with a deadly weapon against a US Marine. The event never happened. The officers involved wrote the report and my ex did what he always did, took it to the magistrate. It was dismissed that night so he returned the following morning and it was given. I was arrested and taken from my home, our children, my vehicle, income, and life. He filed an emergency restraining order and to this day I have yet to be allowed back. Now having Ann Maready as my attorney, she had taken most of Ms. O’Brian’s caseload, I was an inconvenience. My Case was shuffled and excused never being properly advised. I didn’t have the money to hire an attorney for the criminal charge so I was court appointed Lee Britt. My criminal case (involving Shawn Adele Fabian-Schmidt) was continued over and over again until May 3rd 2010 at which time he brought no witness testimony, not even the police officers into defend me. I was Convicted off hearsay by Judge Caroline Jones. During that time, the lies had continued. At first my ex stated the children were with me at the time I tried to run him over which involved DSS of Onslow County. Sue Patterson was my investigative caseworker. She claimed she had spoken with witness that I later proved she in fact never did. I was charged with child neglect in punishment for tearing a care bears head off and neglect by injurious environment for the front steps of my home being removed and at said time of arrest being changed out with new one, just hadn’t completed yet. She said since they were not connected, it was injurious. My DSS case was passed to Robin Isenheart. Where I was ordered to under go classes and receive supervised visits. My ex husband immediately after my arrest went after custody of my children, and had even tried to add them to the restraining order but was unable too as my crime had nothing to do with them. I had actually signed up and started classes long before ever being told to go, so when asked to go by DSS I was already going. My ex excused himself from a couple of the supervised visits by taking children out of state and work, so in total I receive 6 one hour visits supervised by DSS from Aug 24th 2009 to Jan of 10’ when he accused me of violating the restraining order by contacting my children. DSS had told me the children could receive phone calls from me, although I had told them and they were well aware of the restraining order I could not call my home phone (which he now had possession of) or his cell phone to talk to them, they told me to buy them cell phones. I did. Through T-Mobile. He in turn in Jan of 10’ told Judge Sarah Seaton I violated the order by calling my kids on their phones because I said hello when he answered the phone. She added my children to the restraining order and continued the criminal case. (All of this went in front of Jones in May of 10’) My ex had tried me 3 times on 3 different occasions for violating the restraining order.
- I had sent my father to check on my children.
- I had gone to residence to check on minor child when he left her home alone.
- Calling the children’s phones to talk to them.
When I went to court in May of 10’ I was convicted for 1 & 2 but not 3. My father was in another state burring his brother, unable to testify. So this was hear say. I did go check on my child when she was left alone so that was legit if there would have ever been a real truthful conviction to prosecute me on. In November of 2009 Ann Maready had gone to court for me during my first custody hearing. She stated that signing over “Temporary custody without prejudice” Was with in the best interest of all involved and that it could never be used against me in the future. I trusted that. After signing she told me I needed to “Take a moment with Jesus.” My ex had come to me that following month and told me if I fired her, he would let me see my kids freely. So I did. For reasons just that. May 3rd I was convicted of nothing more than hear say for the following:
- Assault with a deadly weapon
- Violation of a restraining order
And sent from the bench to serve 48 hours in county jail. My divorce was heard on May 5th prior to my release. No one let me go to my hearing although I wrote the Lt. a request to go. I was released that evening and put on intense probation for a year on May 6th. My probation officer was Gail Hargett. I was asked to pay my monthly fines, probation costs and also to under go an Abuser Program, which I did all of. In Aug of 2010, my daughter made contact over Facebook. Because Lee Britt had thrown me under the bus, and I knew this was a violation of probation I hired Ed Bailey, also out of Jacksonville NC. Yes I wrote her back. What mother wouldn’t?? Judge Hardison set a $10,000 bond and I spent weeks in jail to gain the money to get out. When I finally did make it in front of the Judge, I was convicted and sent to Texas to spend the remaining time of my probation. I (Shawn Adele Fabian-Schmidt) left that December. Aldo Judge Thagard wrote up an order stating clearly that in any future issues he was the only judge to hear this case. At said time I was advocating against domestic violence and aiding women all over the county in getting out and getting help. I was asked to go to court by the state as a state witness in one case. I went. My ex seen me in town, called the police stating I “drew a smiley face in his driveway made of sand.” I was charged. Court appointed attorney Lee Britt, again because I didn’t have funds for an attorney. I went in front of Judge Thagard. Convicted. 45 days in prison. What gained this conviction wasn’t the lie I was charged with but my honesty in saying I was in town for court. His advice was that I should not have broken the court order, that when it was lifted he would have taken care of the bench warrant. Which I did not know to do. The day I was released from probation, I did exactly what I had stated I was going to do all along. I was going to have lunch with my daughter at school. I had called Major West of the Onslow County Sherriffs Dept and made arrangements to be received by the resource officer at the school to assure all paperwork was good and I was clear by the law to do so. My ex went to Judge Thagard and told him I tried to remove my children from the school. He then ordered a Civil No Contact order set indefinite or until we go back before him. My family hired Waneta Ellis out of New Hanover, NC while I served my time in prison. Since then, she was relieved from the firm and my case was passed to William Paragoy. I received ONE one hour supervised visit with my children March of 12’. The children’s councilor, Louise Biller, decided to cut them until I got a court order because she didn’t like my lawyers tone. (Have proof of that too) He has held my case for nearly 2 years and I have yet to get in front of Judge Thagard. I have since hired a detective to get statements from all police involved proving my innocence in every allegation. Which I have. I have done everything asked in past to correct any ill notion set by anyone at any time through the entirety of this mess. Classes. 3 years steady therapy. I learned to tuck my head low and just “get thru this. Never giving up. I live, breath, eat every moment to get back to my children. I am not an advocate for women and children. I live in Raleigh as the lies continue. I was slandered to the point I could no longer bear. It still continues but now it’s over the internet. My family has split due do differences in opinions on what I should now do. My mother feels I should return to Texas and put this all in Gods hands and My father feels I should tell Judge Thagard what has happened and leave him to decide mine and my children’s fate. All I can think of is getting back to them. I have literally been in front of every single Judge in Onslow County at one time or another since Aug of 09’. They have ALL stamped my case in one form or another. Which is all on public record. I am Shawn Adele’ Fabian-Schmidt 1203552, Birth Mother of 2 beautiful kids and I will not rest until I hug my children and kiss their foreheads.
Lee Britt is now an Attorney for Onslow County DSS
Louise Biller is a former DSS worker
As a non-custodial parent advocate, NC Fathers is calling on Onslow County NC court officials and DSS to immediately find a resolution to this matter so that Shawn Adele Fabian-Schmidt and her children can be reunited and start the process of re-building their lives. No parent, regardless of what they have done, should lead to being removed from children’s lives for this long especially when changes have been made and there are ample ways for this mother and her children to see each other safely on a routine basis. This case demonstrates just how abusive the family courts and Social Services has become in their process of allowing two parents to excoriate each other for the grand prize of custody, and in doing so creating an environment where the other parent is marginalized to a second class role in natural biological children lives.
