Ex-Wife May Not Distribute Memoir in Which She Accuses Ex-Husband of Abuse, Because That May Harm Child
From Clark v. Clark, decided Mar. 5 by South Carolina Court of Appeals Judge Paula Thomas, joined by Judges Blake Hewitt and Jerry Vinson:
Mother published a book (The Book) depicting the circumstances surrounding the parties’ marriage and divorce, as well as other aspects of Mother’s life; and it has been published, marketed, and sold by national book retailers. The cover of The Book contains a photograph of Mother, made up of puzzle pieces, with a black eye drawn with makeup. Included in The Book are allegations by Mother claiming physical, mental, emotional, and sexual abuse at the hands of Father. [The book appears to be “Soul Pieces,” subtitled “memoirs of self-discovery after domestic violence and divorce.” -EV]
In addition to national book retailers, Mother promotes The Book on her personal website. Mother also testified she was an ambassador at a private 501(c)(3) non-profit that offers services to survivors of domestic abuse. Mother promotes her book through the non-profit and local speaking engagements. Mother and Minor Child are pictured on Mother’s website, along with promotions for The Book and a book authored by Minor Child published on December 19, 2019. {Minor Child’s book is marketed and sold on Mother’s website. The website contains a tab labeled “About [Minor Child]” which provides a brief biography and photograph of Minor Child.} The “About” tab on Mother’s website reads, in part, “As a mother of a young daughter, Amika wants to change the narrative and cycle for her daughter and give a voice to personal, internal thoughts.” …
Mother testified the contents of The Book were truthful and accurate descriptions of the emotional, physical, and mental abuse she suffered at the hands of Father. She admitted to writing Father was “full of bullshit and lies” during the marriage. Mother further admitted that she accused Father of being mentally ill. Mother was asked about a portion of The Book in which she discusses an affidavit she wrote for an expedited hearing. Father’s counsel asked Mother to confirm she wrote: “My shield became impossible when her father screamed expletives and belligerent names at me during story time which she witnessed her father follow me from room to room berating me no matter how much I tried to remove myself from the situation. Mother’s bond is unwaveable [sic]…. She hears her dad yelling and screaming at me, she comes to what she calls ‘mommy’s rescue.'”
Mother also testified to a poem she wrote entitled “Little Dick Mother” which was “a poem written out of anger … givin’ an analogy to someone being lower than a snake’s belly … and it is comparing them to … their inability to satisfy me sexually … it’s basically saying … that I’m tired and I’m movin’ on.” Mother also admitted to writing in The Book that Father is a “narcissistic, irrational, manipulative liar.” When asked if she was aware she was prohibited from making disparaging comments about Father, Mother responded, “I haven’t made disparaging comments to where [Minor Child] would know about i
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