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Tuesday, April 6, 2021

The Complaints and Lawsuits Against St. Louis Family Court Institution

                                                   Dr. Ann Duncan Hively, from her website

Dr. Anne Duncan Hively is in her eighties and it doesn't seem like she is slowing down. 

She is prodigious in court appointments and as an expert witness in St. Louis County courts, and other courts in Missouri. 

Recently, I featured Dr. Hively, as she participated in a scheme to hide sexual molestation by a father against his fourteen year old daughter. In the audio below, Dr. Hively tells the mother of this fourteen year old- this mother has been banned from seeing her daughter since November 2020- that is the mother's response to the court which is causing angst. 

"Melissa, you're being quite clear about your anger at the system was hard on her." Dr. Hively said, "What I'm saying is it was hard on her. Your anger at the system."

This mother, Melissa Hagemeier, had custody switched on an emergency basis with the judge, Virginia Lay, claiming Melissa was alienating the father from his daughter. 

Since being forced to live with her father, this girl has disclosed in graphic detail years of molestation by dad, "He fucked me," the fourteen year old said. "He literally put his dick inside of me."

Despite these disclosures- which have been made to the Jefferson County, Mo. {where dad lives} Police Department- Dr. Hively and other appointees on Thomas' case insist the girl live with dad. 

She and other court actors have even suggested the long term goal is 50/50 custody. 

Dr. Hively, Melissa told me, has recused herself from this case after my audio of her was released. 

But her menace of the court extends far beyond this case. 

One appeal found an oft repeated complaint, "In her fifth point, Mother claims the trial court erred in following the recommendation of the guardian ad litem because the guardian ad litem and the psychologist, Dr. Ann Duncan–Hively ('Dr.Duncan–Hively'), were biased."

She is currently the defendant in two lawsuits, which also allege bias and other misdeeds. 

Hi Vely Petition by mikekvolpe

Here are some of the highlights of this petition, "Defendant {Hively}, during an investigation of an alleged incident of child abuse and neglect initiated by her client, held herself out as the family therapist' and offered a parenting assessment to investigating authorities for the State of Missouri relating to Plaintiff, a person with whom she had no contact. In her efforts to persuade investigative agencies for the State of Missouri, Defendant attempted to influence the investigative process with false and derogatory information relating to Plaintiff, even though Defendant had never met Plaintiff and had purportedly received all of her information from J Frisbee, the individual who hired Defendant for the purpose of prosecuting a claim of abuse and neglect against Plaintiff. Utilizing Defendant’s purported authority and misrepresentations, an extensive investigation was launched into Plaintiff’s care of his minor son, B.A., which involved extensive interviews with Plaintiff and Plaintiff’s friends and family, including, but not limited to, an unnecessary and invasive medical examination of B.A., who at the time of the investigation was one year of age."

In another lawsuit, Dr. Hively is accused of making false statements about another individual to the police- statements which led to criminal charges. 

After testifying in this man's divorce, Dr. Hively stated, according to the lawsuit, to the Franklin County, Missouri Police that he told her, "It's a good thing you are not Pinocchio or I would have to kill you."

This led to charges, Assault in the 3rd Degree, which were eventually dismissed. Dr. Hively also got a protective order under false pretenses- making the same false claim- according to the lawsuit. 

"On or about December 15, 2015, Defendant filed a petition for an Order for Protection in Warren County...against Plaintiff."

Dr. Hively was also featured in an appeal in which she recommended primary custody to a man who is not the child's father. 

This is an appeal from the final judgment of the Circuit Court of the City of St. Louis in joined actions seeking dissolution of marriage, a determination of paternity, the resolution of child custody issues including the custody demands of a third party who was neither the biological nor adoptive parent of the child, and awards of child support. 

The Circuit Court entered its judgment dissolving the marriage of Jason Scott Bowers and Jessica Layne Bowers on February 3, 2015. Legal File at 166-181. In its decree the trial court awarded sole legal and physical custody of Mrs. Bowers' six-year old daughter J.B. to Mr. Bowers, who was not the child's biological father and had not formally adopted her. Id. at 170-74. Mrs. Bowers filed a motion requesting amendment of the judgment or a new trial on March 3, 2015. Id. at 182-85. The court entered its amended judgment on May 26, 2015. Id. at 191-94. Mrs. Bowers filed her notice of appeal from the original and amended judgments on July 6, 2015. 

According to the appeal, Dr. Hively went along with this custody arrangement and even admonished for trying to keep biological dad involved. 

Steven Andrew Nugent filed a motion alleging that he was J.B.'s biological father and seeking leave to intervene in the custody proceeding in order to assert his parental rights....She stated her opinion that removing Mr. Bowers from J.B.'s life would be devastating to the child and would interfere with her "emotional development and path to maturity." Id. at 45, 51. 

Dr. Duncan-Hively said that J.B. is not bonded to Mr. Nugent: 'He's a figment ... Steve is the guy that has a really cute kid named [E.N.]' Id. at 32. She stated her opinion that if Mrs. Bowers had gotten professional advice earlier 'she would not have told the child in the context of the divorce about the biological father,' which would have avoided 'the conflict that that generated.' Id. at 41. Dr. Duncan-Hively added: 'But it's water over the dam. It's done.'"  

Dr. Hively is also involved in another notorious case which has drawn attention in St. Louis County: the Van Den Bergh case. 

Daily Docket News (DDN) has previously covered this case. 

Daily Docket News’ investigative team has an explosive update on a case we reported on last month as well as November and December of last year. Van Den Bergh vs. Van Den BerghCase 15SL-DR05021-01 filed in the Saint Louis County Family Court on 10/10/2016. Elaine Pudlowski, Esq., with the law firm of FrankelRubinKleinSiegelPayne & PudlowskiP.C., who was the court appointed guardian ad litem, was fired by Plaintiffs new attorney on November 5, 2020. We previously reported that the Petitioner’s minor child disclosed to a therapist that she was molested by the Respondent, but Pudlowski, with the court’s blessing and having the best interest of something other than the molested minor child in mind, reunified the molested minor child with their molester. Petitioner filed an Emergency Motion for Recusal of Judge Bruce F. Hilton, who was the presiding Judge in this case, and had been allegedly accused of BiasPrejudiceHarassmentDiscriminationThreatsIntimidationDenigration and Hostile Acts, to name a few, toward Petitioner.  Our legal team reports that Judge Bruce F. Hilton has in fact recused himself on January 12, 2021, with no explanation for his outrageous behavior, in a family court. Why do you think Judge Bruce F. Hilton recused himself? Do you think Judge Bruce F. Hilton and Pudlowski sleep at night knowing that this child is being molested every day on their recommendation? Do you think either Judge Bruce F. Hilton or Pudlowski really cares about what you think? You be the Judge.

I recently broke news that the Guardian ad Litem, Elaine Pudlowski, was colluding with the attorney, Patricia Susi, for the mother in the Van Den Bergh case. 

Dr. Hively was also on that case; she was retained as an expert by the father in that case, according to her testimony in a deposition.  

In that deposition, Dr. Hively admits to interjecting herself in the case far beyond her authority as father's hired gun. That deposition was taken on August 24, 2017.

Dr. Hively did not act merely as the father's hired gun; she reached out to the Child Abuse/Neglect (CAN) office in the Department of Social Services to try and sway their determination. 

"It's a complete report for the task, which was to testify before the Board in Jefferson City, regarding the issue of whether preponderance of the evidence was accurate in the determination of the allegation of sexual abuse," Dr. Hively stated in the deposition. 

Though her report stated the sexual molestation allegations made by the daughter, now 10, were not accurate- as with Melissa Hagemeier's daughter- she admitted in another portion of the deposition to never meeting mom or daughter. 

"Have you ever spoken to Caroline Van Den Bergh," she was asked by Caroline's attorney. 

"No,' Dr. Hively responded. 

"And have you ever spoken to {Caroline's daughter}," she was next asked. 

"No," Dr. Hively responded. 

In a previous story, St. Louis County Guardian ad Litem, Brian Dunlop, was also accused of misleading the court and claiming that a child who also disclosed sexual abuse had only disclosed to her mother; this child had also disclosed to several professionals. 

Somehow, she still offered a diagnosis. In another part of the deposition, Dr. Hively claimed that Caroline suffers from multiple mental disorders. 

Dr. Hively couches her own diagnosis, by claiming that Caroline had previously been diagnosed with anxiety and clinical depression, but she also acknowledges not specifying to the review board what she was diagnosed with or how Dr. Hively came to this diagnosis. 

Dr. Hively also acknowledged in another portion of the deposition to misleading this board about who the girl made the disclosures to. Dr. Hively claimed daughter only disclosed to mom. 

As Caroline's attorney quickly pointed out, Caroline's daughter disclosed to numerous people.

"Are you taking into account that {Caroline's daughter} disclosed to the CAC," the lawyer asked. The CAC is the Child Abuse Center, an office within social services. 

"I am taking that into account," Dr. Hively responded. 

"Are you taking into account that {Caroline's daughter} disclosed to Jean Caine," she was then asked. 

"I am taking that into account," Dr. Hively responded. 

"And are you taking into account that {Caroline's daughter} described for Barbra Danin that 'daddy does silly things," she was next asked. 

"I am taking that into account." She responded. Dr. Hively then backpedaled and called Caroline "the prime source" but this is not what she testified to at the CAN hearing. 

"Did you advise the CAN Review Board that {Caroline's daughter} had disclosed to Jean Caine," she was asked. 

"No," Dr. Hively responded. 

"And did you disclose to the CAN Review Board that she- {Caroline's daughter}- had disclosed to Barbra Danin," Dr. Hively was asked. 

"No," Dr. Hively responded. 

Despite her dubious record, Dr. Hively appears to be prodigious in court appointments. 

Besides her work on child custody cases, she is also called as an expert in certain criminal cases. 

"Witnesses for the defense included Defendant, who denied the
allegations of sexual abuse, and Dr. Ann Duncan-Hively, an expert witness and clinical
psychologist who had reviewed A.W.�s and S.V.�s CAC interviews." A 2015 appeals court decision notes. 

In fact, she fancies herself an expert in rape accusations. She was a featured speaker at a 2019 Conference entitled "Child Abuse Allegations: Scientific Fact and Reason Vs. Myth and Emotion."

On her website, she notes. 

I am currently licensed as a psychologist in Missouri, previously licensed in New Hampshire and registered in Bermuda. I have been in private psychological practice in St. Louis, Missouri since 1981.

In therapy, I work with adults, couples, families, and children of all ages, struggling with traumas and transitions. The work is focused on what is needed by the client, so that the process is one of facilitation. The treatment model is eclectic, with mutual decision making at the base.

In the forensic setting, I provide assessment and consultation in cases involving adoption, custody and visitation, abuse and neglect, suggestibility of child testimony, sexual harassment and competency. I am also a trained mediator.

In 2010, she provided training for Missouri Guardian ad Litem in a continuing education class called "Psychological Assessments for Custody Conflicts."

Part of the presentation is this portion on parental alienation syndrome, "Unusual Allegations • Parental Alienation “Syndrome” – Not an actual syndrome but present in various amounts in most divorces – Dealing with death of marriage by monsterizing the other parent – Can be subtle or overt – Purpose is to destroy relationship with other parent and 'own' the children."

Melissa Hagemeier has been accused of parental alienation and parental alienation is often used as a defense for abuse allegations, particularly sexual molestation allegations. 

Dr. Hively did not respond to an email for comment. 

Post Script:

Please check out my previous articles on St. Louis County: Article 1Article 2Article 3Article 4Article 5Article 6Article 7, Article 8, and Article 9

Also check out the crowdfunding campaign which supports this series. 


Anonymous said...

Lawsuits will be filed against Hively in the near future! She needs to lose her license for what she has done to children. She hurt too many. It is finally catching up to her. A shrink with an empty hole instead of heart.

Anonymous said...

I completely agree and I went through this with her as well and the GAL.

Unknown said...

Looking for any information regarding Ann Duncan Hively - she has been assigned as custody evaluator in our case in which we have already experienced bias and discrimination

William & Stacy Yao said...

We came across a recent investigative story you journaled involving the corruption of the St Louis Court system. We are currently involved in a custody battle for our son and have experienced biased and corrupt actions by the Missouri Court system; most notably, we have had the Guardian ad Litem, Jennifer Piper, recuse herself from the case due to her being impartial, and Judge Julia Lasater recuse herself for being biased and prejudiced. Our attorney at the time had been coerced by Judge Lasater to withdraw a motion to have the GAL Piper disclose facts on accusation statements.

The court appointed a custody evaluator, who upon completion of his report, recommended custody to be placed with us, however the newly appointed Judge Cunningham and newly appointed GAL, Joan Coulter, rejected the court appointed custody evaluation without merit and appointed a new custody evaluator, Ann Duncan-Hively, despite a pending lawsuit against Ms. Hively. Conversations and agreements between the Judge, attorney, and GAL have taken place outside of the courtroom.

We hope that your investigations are able to bring to light the corruption and initiate change in the Missouri court systems. What we are experiencing is harmful to children and families and wrought with behind the scene attorney - judge agreements that violate due process. We are available to share more details of the corruption that has occured.