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Archive for the ‘Domestic Violence’ Category

The Federal Scheme to Destroy Father-Child Relationships

In Activism, Best Interest of the Child, Child Custody, Children and Domestic Violence, Childrens Rights, Civil Rights, CPS, cps fraud, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, False Allegations of Domestic Violence, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, Parental Alienation Disorder, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parents rights, Restraining Orders, Title Iv-D on August 26, 2010 at 2:25 pm

Topic: Divorce & Child Custody Issues
The Federal Scheme to Destroy Father-Child Relationships


Federal entitlement programs are decimating the lives of children and trampling on the rights of fathers to the care and companionship of their kids. We must dismantle the Federal-State entitlement nexus that deprives men of their civil liberties. Here is what every man in America should know.


by Jake Morphonios
(conservative)
Wednesday, February 13, 2008

Congress would feign admit its own dubious contribution to the suffering of America’s children. Rather, these politicians promulgate the myth that they are helping children through federal and state welfare entitlement programs. It is, in fact, these very programs which are responsible for the out of control rampage against children. Here is how the scam works.

The federal government levies taxes against citizens to redistribute as welfare entitlements among needy applicants. Congress created the Social Security Act, a section of which is called Title IV. Title IV describes how tax dollars will be distributed among the States to subsidize their individual welfare programs. In order for States to tap into the federal treasure chest, containing billions of dollars, they must demonstrate that they are complying with Title IV mandates to collect child support revenues. In other words, to get money from the federal government, each State must become a child support collection and reporting agency.

Every unwed or single mother seeking welfare assistance must disclose on her application the identities of the fathers of her children and how much child support the fathers have been ordered by a family court to pay. She must also commit to continuously reporting the father’s payments so that the State can count the money as “collected” to the federal government’s Office of Child Support Enforcement. As with all bureaucracies, this process has developed into a monstrosity that chews up and spits out the very people it was designed to help.

States have huge financial incentives to increase the amount of child support it can report to the federal government as “collected”. To increase collection efforts, States engage in the immoral practice of dividing children from their fathers in family courts. Have you ever wondered why family courts award custody to mothers in 80%-90% of all custody cases, even when the father is determined to be just as suitable a parent? It is because the amount of child support ordered by the State is largely determined by how much time the child spends with each parent. This means that the State “collects” less child support if parents share equal custody. By prohibiting fathers from having equal custody and time with their children, the State’s child support coffers are increased and federal dollars are received.

Opponents try to paint loving fathers as “deadbeat dads” for daring to challenge the mother-take-all system of family law.  This is nothing more than diversionary propaganda.  The concern of fathers is not that they are unwilling to support their children financially. This is not an argument against paying child support. Any father that cares about his child will do everything in his power to provide for the child. The concern is, rather, that children are being separated from their fathers by family courts because the State stands to reap huge financial rewards as a result of the father’s loss of custody. The higher the order of child support, the more money the State can collect – even if the amount ordered by the court far exceeds the reasonable needs of the child or if the father is required to take second and third jobs to keep up with outrageous support orders and escape certain incarceration. The truth is that most fathers don’t care about the financial aspects of these family court verdicts nearly as much as they care about having their time with their children eliminated for nefarious government purposes.

The root of this evil is a State-level addiction to federal tax dollars being doled out as entitlement monies by a monolithic federal government. In the wake of this horror are millions of children drowning for lack of the care, guidance, and companionship of their fathers. Statistics and empirical evidence universally confirm that children forcibly separated from their fathers by family courts are considerably more likely to suffer anxiety and depression, develop drug addiction, engage in risky sexual activity, break the law, and commit suicide. This travesty must end.

Unconstitutional federal bureaucracy creates many of the societal ills it claims to be trying to solve. There are several steps incremental steps that could be taken to restore a child’s right to the companionship of both parents. For example, citizens should insist that States abide by the 14th Amendment to the Constitution. No father should be automatically deprived of his fundamental right to the custody of his children without due process of law. Being a male is not a crime. Absent a finding of true danger from a parent, family courts should order shared parenting rights and equal time sharing for divorcing parents.  These rights are fundamental and should not be abridged.  The automatic presumption of custody-to-the-mother is unconstitutional.

The history of America is brim with examples of the federal government denying basic rights to its citizens. Women were denied the right to vote until the women’s suffrage movement secured the 19th Amendment to the Constitution. Black Americans also were denied the right to vote and suffered myriad other cruel and humiliating indignities under the law until the civil rights movement brought about desegregation, put an end to Jim Crow legislation and compelled the enactment of the 15th and 24th Amendments to the Constitution. In each of these examples, society was slow to recognize that a problem even existed or that some of our laws were unjust. It took considerable time, concerted effort, self-sacrifice and perhaps even divine providence to realign concurrent societal paradigms with the principles of liberty and justice for all.

Our generation is not exempt from similar assaults on liberty. While many just causes may stake claims for redress of grievances, one group, more than any other, pleads for immediate support. The need to defend the rights of this group of American citizens, reeling from the unjust consequences of state-sponsored oppression, is before us. It is time to stand up for the rights of children and demand their equal access to both parents.

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Jake Morphonios is a civil rights advocate and North Carolina State Coordinator for Fathers 4 Justice – US.  The political opinions of Mr. Morphonios do not represent those of Fathers 4 Justice.  Neither Mr. Morphonios nor F4J-US provide legal advice or assistance with individual cases.

Fathers seeking support or information, or other parties interested in becoming involved in the father’s rights movement may contact Mr. Morphonios at: jake.morphonios@nc.f4j.us


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The Federal Scheme to Destroy Father-Child Relationships.

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The Nuclear Option: False Child Sexual Abuse Allegations in Custody Disputes

In Activism, Best Interest of the Child, Brainwashed Children, child abuse, Child Custody, Children and Domestic Violence, children legal status, children's behaviour, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, False Allegations of Domestic Violence, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, kidnapped children, Liberty, Marriage, Parental Alienation Syndrome, Parents rights on August 25, 2010 at 12:20 pm

Topic: Divorce & Child Custody Issues
The Nuclear Option: False Child Sexual Abuse Allegations in Custody Disputes


There is a very simple trick, used all too frequently in family courts, that will almost always ensure the immediate elimination of a man’s constitutional rights.


by Jake Morphonios
(conservative)
Monday, February 18, 2008

In acrimonious divorce and child custody disputes emotions are tense and tempers flare. Buoyed by litigious attorneys, each side engages in strategic maneuvers to gain the greatest legal advantage. Sometimes a parent, fearing a loss of control or custody over a child, crosses the ethically acceptable bounds of legal warfare. An unfortunate but all too frequently used tactic by mothers is to accuse the father of sexually molesting their child. The mere accusation is sufficient to strip the father of all his custody rights and launch a criminal investigation. Even when no evidence is found to substantiate the allegation, family law courts typically “err on the side of caution” and award full custody to the mother. While national statistics reveal that the majority of all child sex abuse reports are legitimate, when such claims are made by a mother in the context of custody litigation, an estimated 77% of allegations are determined to be unfounded (Tong, 2002).A false child sex abuse allegation made during child custody litigation is a destructive legal stratagem.

Throughout the world, child sexual abuse is considered the ultimate crime. Not even murder generates the kind of raw emotional reaction that results from the sexual abuse of a child. Society acknowledges the innocence of children and responds to child abusers with extreme prejudice. The power of the accusation alone is often enough for public opinion to impeach the character of the alleged child abuser and guarantee legal victory for the mother. According to Jeffery M. Leving (1997), a leading father’ rights attorney, “the use of false sexual abuse allegations to win custody suits has become almost a standard tactic among disturbed mothers and unethical divorce lawyers” (pg 148).The accused may spend years rebuilding his reputation from the monumental damage caused by the accusation.

To investigate the effect of a false child abuse accusation, a child custody survey was conducted; the group was evenly divided between males and females. A scenario was presented in which a divorcing couple was contesting custody of the children. It was stated that both parents were fit and proper. The question posed regarded what custody arrangement would be in the best interests of the child. An overwhelming 94% of respondents indicated that joint legal and physical custody, shared between parents, would be in the child’s best interest, with 78% of respondents indicating that a 50/50 time sharing agreement was appropriate. Another scenario was presented. In the second scenario the father has been accused by the mother of sexually molesting their child. The Department of Social Services and the police conducted an investigation and concluded that there is insufficient evidence to determine whether or not the father committed sexual abuse. The question of custody is again asked. As a result of the unsubstantiated accusation against the father, 79% of the same respondents stated that sole legal and physical custody should be granted to the mother. Only 15% of respondents felt that the father should be permitted a minimum of 50% visitation with the children. In the final survey question regarding the respondent’s personal opinion of child molesters, 42% stated that they should be “locked away for life” and 48% responded that they should “burn in hell”. Why do so many mothers file false sexual abuse allegations during custody cases? They work. False accusers in this type of case rarely face prosecution.

The judicial system, likewise, responds to alleged child abusers swiftly and aggressively. Unfortunately for many falsely accused fathers, truth and justice are often niceties which are frequently ignored. Leving (1997) writes, “Based on well-meaning ‘better safe than sorry’ policy, abuse investigators often accept an abuse charge as fact and consider the accused abuser guilty until proven otherwise” (pg 150).This is a significant problem. The US Constitution guarantees that accused persons are to be treated as innocent until proven guilty. In this type of case, however, constitutional safeguards are abandoned. The burden of proof falls upon the accused to prove a negative, or, to conclusively show that an alleged event never occurred. This reversal of constitutional jurisprudence sets a dangerous precedent and ensures the conviction of many innocent men. The destructive power of a false child abuse allegation has been termed “the nuclear option” by law professionals (Tong, 1997).Once this nuclear bomb is dropped, all hope of civil reconciliation is lost. The custody battle escalates into a bitter war.

The prevalence of false accusations is a matter of debate. Disagreement over the proper ratio of false abuse statistics may range anywhere from 20% to 80%.It can be extremely difficult to correctly track the ration of true to false accusations because of the problem in identifying the intent of the accuser. In some instances a mother genuinely believes abuse has occurred. In other instances the mother may not be sure and simply doesn’t know what to do other than to file an allegation of abuse. However, when one considers all factors, including the number of retracted allegations, recantations and the preponderance of cases proven to be dishonest, a fair estimate settled upon by many studies is an average of 77% (Brennan & Brennan, 1994).

False reports of sexual abuse against children are often first reported to Child Protective Services (CPS) or some other governmental social service agency. A safety assessment is conducted by a CPS or social worker (Ney, 1995). During this brief assessment standard questions are asked of the mother regarding the alleged event. At the end of the assessment, even if no proof of wrongdoing is presented, procedure requires the social worker to recommend that full custody be given to the mother as a safety precaution until a full investigation is concluded. This assessment is included in an official complaint and presented to a district court judge. The judge will typically grant an Emergency Ex-Parte Order giving the mother temporary sole custody of the children and restrain the father from having any contact with his children, even when no additional evidence beyond the mother’s word exists. A hearing date is set and the legal battle begins.

The mother gains immediate advantages over the father. First, by giving the mother full custody of the children the court is setting a precedent that will be hard for the father to overcome. Most family court judges believe in maintaining the status quo, and subsequently order the children to continue residing with the mother rather than changing the children’s residence to that of the father (Hardwick, 2004).A second advantage for the mother is that the children are unable to communicate with their father and a process of alienation begins. The more time that passes without contact, the greater the alienation. During this period of alienation, a child may be coached by the mother to support the allegation against the father.

After the Emergency Ex-Parte Order has been granted, an investigation of the allegation begins. As part of the investigation, the child is examined by a medical doctor for physical signs of sexual abuse. It is rare that evidence is discovered. The child is also seen by social workers who use items such as anatomically correct dolls to try to encourage the child to talk about what happened. Even when the child states that nothing happened, the investigation continues. After a series of interrogations, which often serve to reinforce the false story in the child’s mind, the child may eventually say something or play with the dolls in such a way as to cause the social worker to suspect abuse (Tong, 1992).As part of this ongoing investigation by both CPS and local law enforcement, the reputation of the father is constructively destroyed by the investigation. Family relationships become strained. Employers tire of granting time off work to accommodate the father’s frequent court hearings. Social relationships are damaged, often never to be repaired.

The very process of being investigated causes many men to give up and grant the mother everything she wants from him. Sadly, many fathers are so traumatized by the horror of the process that they commit suicide (Seidenberg, 1997).False abuse expert, Dean Tong (2002), says of the emotional state of the accused:

Sleep is forever elusive, night-terror becomes common-place and depression is a constant companion. Rarely is there any support to be found within the community and rarely is there any sympathy for the falsely-accused. Throughout it all, you must bear the title “abuser,” until you prove otherwise, if you can. Disorientation, denial, shock, confusion, anxiety, and disbelief are constant. Lack of concentration is a chronic problem, exceeded only by the frustration of being denied the right to see your children. (pg 25)

Immediately, the father finds himself in a maze of confusing litigation. He spends thousands of dollars to retain an attorney. Police often request the father to take lie detector tests.  Even though he submits to and often passes several polygraph tests, it does him little good as the tests are not admissible in court. A single attorney is rarely sufficient to provide an appropriate defense in this type of case. Thousands of dollars must be spent to retain psychologists and other expert witnesses in the fields of sexual abuse. In an attempt to prove their innocence, many fathers submit to invasive psycho-sexual testing, such as the penile polygraph. In this particular test sensors are placed around the penis and variety of video images are displayed to the father, such as children playing in water or little girls in bathing suits. The subtlest of sexual responses while looking at images of children will condemn the father. The cost of testing, attorneys, expert witnesses and other legal fees in this type of case often exceeds $50,000.The father sometimes has to mortgage his home and sell his assets to afford a sufficient defense. Naturally, little money is leftover at the end to use in a custody case.

In most court districts throughout the United States, judges run for office as any other politician. If a judge takes, or fails to take, an action that leads to the abuse of a child by an alleged child abuser, his political career may be over. Political expediency is a strong, yet unspoken, factor in emotionally charged cases such with child sexual abuse (Seidenberg, 1997). When a father has been falsely accused of molesting his child, even when no evidence substantiates the claim, he often loses custody of his children because the court decides to “play it safe”. The father may not go to jail, but the temporary order preventing his access to his children is frequently made permanent. By no fault of his own, the father has lost his children, all because a mother chose to fight dirty in court. For the unfortunate father who loses his criminal case, he is locked away. Sentencing for child molesters is typically longer than sentencing for murder (Seidenberg, 1997).Men convicted of child molestation are constant targets of prison abuse by fellow inmates. Fathers, unjustly incarcerated, become bitter and less productive members of society.

The father is not the only victim in a false child sex abuse allegation. Children are also victimized. Not only does the child have to submit to numerous interrogations and invasive tests to determine if abuse occurred, but needless therapy is often prescribed. The child, knowing at first that nothing happened, is subjected to counseling that reinforces the story that abuse has occurred. In time, many children grow to believe and accept that their fathers molested them. The emotional trauma is life-long. This phenomenon has become so common that psychologists have given names to the syndromes that result from false abuse claims, including Parental Alienation Syndrome (PAS) and Sexual Abuse in Divorce (SAID).The allegation is, in itself, a form of child abuse (Wexler, 1990).The loss of self-esteem, the destruction of the father-child relationship, the mental and emotional damage and premature sexualizing of the child are all very real results of a false abuse accusation. Children who grow up believing they were sexually abused often develop deviant sexual interests and proclivities. No child should be treated so heinously by parents embroiled in a legal chess game.

A false child sexual abuse allegation, while usually ensuring the legal victory for the mother, is destructive to all parties involved. Child molestation is a terrible crime and false accusations play on the natural prejudices of society to the extent that victory can almost be guaranteed for the accuser. The loss of fathers in the lives of their children has many negative consequences for society as a whole. Laws need to be passed that protect the rights of the accused as in any other type of trial. Penalties for false accusers must be created and imposed. Social workers, judges, and others involved in the investigation of this type of allegation must be taught the syndromes that affect children when a false abuse claim is made. Sexual abuse claims made in the middle of custody proceedings must be viewed with some skepticism. Judges must be made aware of the usefulness of certain scientific tests, not currently admissible in court, which may help to vindicate the accused. Finally, an emphasis on more stable families will lead to fewer divorces, and, therefore, fewer false abuse claims. Until these, and other, reforms take place, innocent children will continue to be used as pawns in a senseless game of legal strategy.

References:

Brennan, Carleen, & Brennan, Michael (1994).Custody for Fathers: A practical guide through the combat zone of a brutal custody battle.Costa Mesa, CA: Brennan Publishing.

Hardwick, Charlotte (2004). Win Your Child Custody War.New York, NY: Pale Horse Publishing.

Leving, Jefferey M. (1997).Fathers’ Rights: Hard hitting and fair advice for every father involved in a custody dispute.New York, NY: Basic Books.

Ney, Tara (1995).True and False Allegations of Child Sexual Abuse: Assessment & case management.New York, NY: Brunner/Mazel, Inc.

Seidenberg, Robert (1997).The Father’s Emergency Guide to Divorce-Custody Battle: A Tour through the Predatory World of Judges, Lawyers, Psychologists & Social Workers, in the Subculture of Divorce. Takoma Park, MD: JES Books.

Tong, Dean (1992).Don’t Blame Me, Daddy: False accusations of child sexual abuse. Norfolk, VA: Hampton Roads Publishing Co.

Tong, Dean (2002).Elusive Innocence: Survival guide for the falsely accused. Lafayette, LA: Huntington House Publishers.

Wexler, Richard (1990).Wounded Innocents: The real victims of the war against child abuse. Amherst, NY: Prometheus Books.


Jake Morphonios is a civil rights advocate and North Carolina State Coordinator for Fathers 4 Justice – US.  The political opinions of Mr. Morphonios do not represent those of Fathers 4 Justice.  Neither Mr. Morphonios nor F4J-US provide legal advice or assistance with individual cases.

Fathers seeking support or information, or other parties interested in becoming involved in the father’s rights movement may contact Mr. Morphonios at: jake.morphonios@nc.f4j.us


Please read the article below and share it with others to spread the word about the importance of the role of fathers in the lives of their children:

The Nuclear Option: False Child Sexual Abuse Allegations in Custody Disputes.

The Corrupt Business of Child Protective Services | Nancy Schaefer – Kidjacked

In Alienation of Affection, Best Interest of the Child, child abuse, Child Custody, child trafficking, Childrens Rights, Civil Rights, CPS, cps fraud, custody, Divorce, Domestic Relations, Domestic Violence, False Allegations of Domestic Violence, Family Court Reform, Family Rights, Parental Alienation Syndrome, Parents rights on July 29, 2010 at 12:00 pm

Although Georgia Sen. Nancy Schaefer is no longer with us, her report “The Corrupt Business of Child Protective Services” lead to her losing the re-election for her state senate seat, and perhaps ultimately to her death.  What Senator Schaefer exposed in Georgia is true not only for her state by the remaining 49 states and territories of the United States, and true for the rest of the western world.  Isn’t it about time we stopped selling children in the name of protecting them?

By: Nancy Schaefer
Senator, 50th District

Georgia  Capitol

From the legislative desk of Senator Nancy Schaefer 50th District of Georgia

My introduction into child protective service cases was due to a grandmother in an adjoining state who called me with her tragic story. Her two granddaughters had been taken from her daughter who lived in my district. Her daughter was told wrongly that if she wanted to see her children again she should sign a paper and give up her children. Frightened and young, the daughter did. I have since discovered that parents are often threatened into cooperation of permanent separation of their children.

The children were taken to another county and placed in foster care. The foster parents were told wrongly that they could adopt the children. The grandmother then jumped through every hoop known to man in order to get her granddaughters. When the case finally came to court it was made evident by one of the foster parent’s children that the foster parents had, at any given time, 18 foster children and that the foster mother had an inappropriate relationship with the caseworker.

In the courtroom, the juvenile judge, acted as though she was shocked and said the two girls would be removed quickly. They were not removed. Finally, after much pressure being applied to the Department of Family and Children Services of Georgia (DFCS), the children were driven to South Georgia to meet their grandmother who gladly drove to meet them.

After being with their grandmother two or three days, the judge, quite out of the blue, wrote up a new order to send the girls to their father, who previously had no interest in the case and who lived on the West Coast. The father was in “adult entertainment”. His girlfriend worked as an “escort” and his brother, who also worked in the business, had a sexual charge brought against him.

Within a couple of days the father was knocking on the grandmother’s door and took the girls kicking and screaming to California.

The father developed an unusual relationship with the former foster parents and soon moved back to the southeast, and the foster parents began driving to the father’s residence and picking up the little girls for visits. The oldest child had told her mother and grandmother on two different occasions that the foster father molested her.

To this day after five years, this loving, caring blood relative grandmother does not even have visitation privileges with the children. The little girls are in my opinion permanently traumatized and the young mother of the girls was so traumatized with shock when the girls were first removed from her that she has not recovered.

Throughout this case and through the process of dealing with multiple other mismanaged cases of the Department of Family and Children Services (DFCS), I have worked with other desperate parents and children across the state because they have no rights and no one with whom to turn. I have witnessed ruthless behavior from many caseworkers, social workers, investigators, lawyers, judges, therapists, and others such as those who “pick up” the children. I have been stunned by what I have seen and heard from victims all over the state of Georgia.

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In this report, I am focusing on the Georgia Department of Family and Children Services (DFCS). However, I believe Child Protective Services nationwide has become corrupt and that the entire system is broken almost beyond repair. I am convinced parents and families should be warned of the dangers.

The Department of Child Protective Services, known as the Department of Family and Children Service (DFCS) in Georgia and other titles in other states, has become a “protected empire” built on taking children and separating families. This is not to say that there are not those children who do need to be removed from wretched situations and need protection. This report is concerned with the children and parents caught up in “legal kidnapping,” ineffective policies, and DFCS who do does not remove a child or children when a child is enduring torment and abuse. (See Exhibit A and Exhibit B)

In one county in my District, I arranged a meeting for thirty-seven families to speak freely and without fear. These poor parents and grandparents spoke of their painful, heart wrenching encounters with DFCS. Their suffering was overwhelming. They wept and cried. Some did not know where their children were and had not seen them in years. I had witnessed the “Gestapo” at work and I witnessed the deceitful conditions under which children were taken in the middle of the night, out of hospitals, off of school buses, and out of homes. In one county a private drug testing business was operating within the DFCS department that required many, many drug tests from parents and individuals for profit. In another county children were not removed when they were enduring the worst possible abuse.

Due to being exposed, several employees in a particular DFCS office were fired. However, they have now been rehired either in neighboring counties or in the same county again. According to the calls I am now receiving, the conditions in that county are returning to the same practices that they had before the light was shown on their deeds.

Having worked with probably 300 cases statewide, I am convinced there is no responsibility and no accountability in the system.

I have come to the conclusion:

  • that poor parents often times are targeted to lose their children because they do not have the where-with-all to hire lawyers and fight the system. Being poor does not mean you are not a good parent or that you do not love your child, or that your child should be removed and placed with strangers;
  • that all parents are capable of making mistakes and that making a mistake does not mean your children are always to be removed from the home. Even if the home is not perfect, it is home; and that’s where a child is the safest and where he or she wants to be, with family;
  • that parenting classes, anger management classes, counseling referrals, therapy classes and on and on are demanded of parents with no compassion by the system even while they are at work and while their children are separated from them. This can take months or even years and it emotionally devastates both children and parents. Parents are victimized by “the system” that makes a profit for holding children longer and “bonuses” for not returning children;
  • that caseworkers and social workers are oftentimes guilty of fraud. They withhold evidence. They fabricate evidence and they seek to terminate parental rights. However, when charges are made against them, the charges are ignored;
  • that the separation of families is growing as a business because local governments have grown accustomed to having taxpayer dollars to balance their ever-expanding budgets;
  • that Child Protective Service and Juvenile Court can always hide behind a confidentiality clause in order to protect their decisions and keep the funds flowing. There should be open records and “court watches”! Look who is being paid! There are state employees, lawyers, court investigators, court personnel, and judges. There are psychologists, and psychiatrists, counselors, caseworkers, therapists, foster parents, adoptive parents, and on and on. All are looking to the children in state custody to provide job security. Parents do not realize that social workers are the glue that holds “the system” together that funds the court, the child’s attorney, and the multiple other jobs including DFCS’s attorney.
  • that The Adoption and the Safe Families Act, set in motion by President Bill Clinton, offered cash “bonuses” to the states for every child they adopted out of foster care. In order to receive the “adoption incentive bonuses” local child protective services need more children. They must have merchandise (children) that sell and you must have plenty of them so the buyer can choose. Some counties are known to give a $4,000 bonus for each child adopted and an additional $2,000 for a “special needs” child. Employees work to keep the federal dollars flowing;
  • that there is double dipping. The funding continues as long as the child is out of the home. When a child in foster care is placed with a new family then “adoption bonus funds” are available. When a child is placed in a mental health facility and is on 16 drugs per day, like two children of a constituent of mine, more funds are involved;
  • that there are no financial resources and no real drive to unite a family and help keep them together;
  • that the incentive for social workers to return children to their parents quickly after taking them has disappeared and who in protective services will step up to the plate and say, “This must end! No one, because they are all in the system together and a system with no leader and no clear policies will always fail the children. Look at the waste in government that is forced upon the tax payer;
  • that the “Policy Manuel” is considered “the last word” for DFCS. However, it is too long, too confusing, poorly written and does not take the law into consideration;
  • that if the lives of children were improved by removing them from their homes, there might be a greater need for protective services, but today all children are not always safer. Children, of whom I am aware, have been raped and impregnated in foster care and the head of a Foster Parents Association in my District was recently arrested because of child molestation;
  • that some parents are even told if they want to see their children or grandchildren, they must divorce their spouse. Many, who are under privileged, feeling they have no option, will divorce and then just continue to live together. This is an anti-family policy, but parents will do anything to get their children home with them.
  • fathers, (non-custodial parents) I must add, are oftentimes treated as criminals without access to their own children and have child support payments strangling the very life out of them;
  • that the Foster Parents Bill of Rights does not bring out that a foster parent is there only to care for a child until the child can be returned home. Many Foster Parents today use the Foster Parent Bill of Rights to hire a lawyer and seek to adopt the child from the real parents, who are desperately trying to get their child home and out of the system;
  • that tax dollars are being used to keep this gigantic system afloat, yet the victims, parents, grandparents, guardians and especially the children, are charged for the system’s services.
  • that grandparents have called from all over the State of Georgia trying to get custody of their grandchildren. DFCS claims relatives are contacted, but there are cases that prove differently. Grandparents who lose their grandchildren to strangers have lost their own flesh and blood. The children lose their family heritage and grandparents, and parents too, lose all connections to their heirs.
  • that The National Center on Child Abuse and Neglect in 1998 reported that six times as many children died in foster care than in the general public and that once removed to official “safety”, these children are far more likely to suffer abuse, including sexual molestation than in the general population.
  • That according to the California Little Hoover Commission Report in 2003, 30% to 70% of the children in California group homes do not belong there and should not have been removed from their homes.

Final Remarks

On my desk are scores of cases of exhausted families and troubled children. It has been beyond me to turn my back on these suffering, crying, and sometimes beaten down individuals. We are mistreating the most innocent. Child Protective Services have become adult centered to the detriment of children. No longer is judgment based on what the child needs or who the child wants to be with or what is really best for the whole family; it is some adult or bureaucrat who makes the decisions, based often on just hearsay, without ever consulting a family member, or just what is convenient, profitable, or less troublesome for a director of DFCS.

I have witnessed such injustice and harm brought to these families that I am not sure if I even believe reform of the system is possible! The system cannot be trusted. It does not serve the people. It obliterates families and children simply because it has the power to do so.

Children deserve better. Families deserve better. It’s time to pull back the curtain and set our children and families free.

“Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and the needy” Proverbs 31:8-9


Learn More…


Recommendations

  1. Call for an independent audit of the Department of Family and Children’s Services (DFCS) to expose corruption and fraud.
  2. Activate immediate change. Every day that passes means more families and children are subject to being held hostage.
  3. End the financial incentives that separate families.
  4. Grant to parents their rights in writing.
  5. Mandate a search for family members to be given the opportunity to adopt their own relatives.
  6. Mandate a jury trial where every piece of evidence is presented before removing a child from his or her parents.
  7. Require a warrant or a positive emergency circumstance before removing children from their parents. (Judge Arthur G. Christean, Utah Bar Journal, January, 1997 reported that “except in emergency circumstances, including the need for immediate medical care, require warrants upon affidavits of probable cause before entry upon private property is permitted for the forcible removal of children from their parents.”)
  8. Uphold the laws when someone fabricates or presents false evidence. If a parent alleges fraud, hold a hearing with the right to discovery of all evidence.

Exhibit A

December 5, 2006

Jeremy’s Story

(Some names withheld due to future hearings.)

As told to Senator Nancy Schaefer by Sandra (Xxxx), a foster parent of Jeremy for 2 ½ years.

My husband and I received Jeremy when he was 2-weeks-old and we have been the only parents he has really ever known. He lived with us for 27-months. (Xxxx) is the grandfather of Jeremy, and he is known for molesting his own children, for molesting Jeremy and has been court ordered not to be around Jeremy. (Xxxx) is the mother of Jeremy, who has been diagnosed to be mentally ill, and also is known to have molested Jeremy. (Xxxx) and Jeremy’s uncle is a registered sex offender and (Xxxx) is the biological father, who is a drug addict and alcoholic and who continues to be in and out of jail. Having just described Jeremy’s world, all of these adults are not to be any part of Jeremy’s life, yet for years DFCS has known that they are.

DFCS had to test (Xxxx) (the grandfather) and his son (Xxxx) (the uncle) and (Xxxx) to determine the real father. (Xxxx) is the biological father although any of them might have been. In court, it appeared from the case study, that everyone involved knew that this little boy had been molested by family members, even by his own mother, (Xxxx). In court, (XXX), the mother of Jeremy, admitted to having had sex with (Xxxx) (the grandfather) and (Xxxx) (her own brother) that morning. Judge (Xxxx) and DFCS gave Jeremy to his grandmother that same day. (Xxxx), the grandmother, is over 300 lbs., is unable to drive, and is unable to take care of Jeremy due to physical problems. She also has been in a mental hospital several times due to her behavior.

Even though it was ordered by the court that the grandfather (Xxxx), the uncle (Xxxx) (a convicted sex offender), (Xxxx) his mother who molested him and (Xxxx) his biological father, a convicted drug addict, were not to have anything to do with the child, they all continue to come and go as they please at (Xxxx address), where Jeremy has been “sentenced to live” for years. This residence has no bathroom and little heat. The front door and the windows are boarded. This home should have been condemned years ago. I have been in this home. No child should ever have to live like this or with such people.

Jeremy was taken from us at age 2 ½ years after (Xxxx) obtained attorney (Xxxx), who was the same attorney who represented him in a large settlement from an auto accident. I am told, that attorney (Xxxx), as grandfather’s attorney, is known to have repeatedly gotten (Xxxx) off of several criminal charges in White County. This is a matter of record and is known by many in White County. I have copies of some records. (Xxxx grandfather), through (Xxxx attorney’s) work, got (Xxxx), the grandmother of Jeremy, legal custody of Jeremy. (Xxxx grandfather) who cannot read or write also got his daughter (Xxxx) and son (Xxxx) diagnosed by government agencies as mentally ill. (Xxxx grandfather), through legal channels, has taken upon himself all control of the family and is able to take possession of any government funding coming to these people.

It was during this time that Jeremy was to have a six-month transitional period between (Xxxx grandmother) and my family as we were to give him up. The court ordered agreement was to have been 4-days at our house and 3-days at (Xxxx grandmother). DFCS stopped the visits within 2-weeks. The reason given by DFCS was the child was too traumatized going back and forth. In truth, Jeremy begged us and screamed never to be taken back to (Xxxx) his grandmother’s house, which we have on video.

We, as a family, have seen Jeremy in stores time to time with (Xxxx grandmother) and the very people he is not to be around. At each meeting Jeremy continues to run to us wherever he sees us and it is clear he is suffering. This child is in a desperate situation and this is why I am writing, and begging you Senator Schaefer, to do something in this child’s behalf. Jeremy can clearly describe in detail his sexual molestation by every member of this family and this sexual abuse continues to this day.

When Jeremy was 5 years of age I took him to Dr. (Xxxx) of Habersham County who did indeed agree that Jeremy’s rectum was black and blue and the physical damage to the child was clearly a case of sexual molestation.

Early in Jeremy’s life, when he was in such bad physical condition, we took him to Egleston Children Hospital where at two-months of age therapy was to begin three times a week. DFCS decided that the (Xxxx grandparent family) should participate in his therapy. However, the therapist complained over and over that the (Xxxx grandparent family) would not even wash their hands and would cause Jeremy to cry during these sessions. (Xxxx the grandmother), after receiving custody no longer allowed the therapy because it was an inconvenience. The therapist reported that this would be a terrible thing to do to this child. Therapy was stopped and it was detrimental to the health of Jeremy.

During (Xxxx grandmother) custody, (Xxxx uncle) has shot Jeremy with a BB gun and there is a report at (Xxxx) County Sheriff’s office. There are several amber alerts at Cornelia Wal-Mart, Commerce Wal-Mart, and a 911 report from (Xxxx) County Sheriff’s Department when Jeremy was lost. (Xxxx grandmother), to teach Jeremy a lesson, took thorn bush limbs and beat the bottoms of his feet. Jeremy’s feet got infected and his feet had to be lanced by Dr. (Xxxx). Then Judy called me to pick him up after about 4-days to take back him to the doctor because of intense pain. I took Jeremy to Dr. (Xxxx) in Gainesville. Dr. (Xxxx) said surgery was needed immediately and a cast was added. After returning home, (Xxxx), his grandfather and (Xxxx), his uncle, took him into the hog lot and allowed him to walk in the filth.

Jeremy’s feet became so infected for a 2nd time that he was again taken back to Dr. (Xxxx) and the hospital. No one in the hospital could believe this child’s living conditions.

Jeremy is threatened to keep quiet and not say anything to anyone. I have videos, reports, arrest records and almost anything you might need to help Jeremy.

Please call my husband, Wendell, or I at any time.
Sandra and (Xxxx) husband (Xxxx)

Exhibit B

Failure of DFCS to remove six desperate children

A brief report regarding six children that Habersham County DFCS director failed to remove as disclosed to Senator Nancy Schaefer by Sheriff Deray Fincher of Habersham County.

Sheriff Deray Fincher, Chief of Police Don Ford and Chief Investigator Lt. Greg Bowen Chief called me to meet with them immediately, which I did on Tuesday, October 16, 2007

Sheriff Fincher, after contacting the Director of Habersham County DFCS several times to remove six children from being horribly abused, finally had to get a court order to remove the children himself with the help of two police officers.

The children, four boys and two girls, were not just being abused; they were being tortured by a monster father.

The six children and a live in girl friend were terrified of this man, the abuser. The children never slept in a bed, but always on the floor. The place where they lived was unfit for human habitation.

The father on one occasion hit one of the boys across his head with a bat and cut the boy’s head open. The father then proceeded to hold the boy down and sew up the child’s head with a needle and red thread. However, even with beatings and burnings, this is only a fraction of what the father did to these children and to the live-in girlfriend.

Sheriff Fincher has pictures of the abuse and condition of one of the boys and at the writing of this report, he has the father in jail in Habersham County.

It should be noted that when the DFCS director found out that Sheriff Fincher was going to remove the children, she called the father and warned him to flee.

This is not the only time this DFCS director failed to remove a child when she needed to do so. (See Exhibit A)

The egregious acts and abhorrent behavior of officials who are supposed to protect children can no longer be tolerated.

Senator Nancy Schaefer
50th District of Georgia

Senator Nancy Schaefer
302 B Coverdell Office Building
18 Capitol Square, SW
Atlanta, Georgia 30334
Phone: 404-463-1367
Fax: 404-657-3217
Senator Nancy Schaefer
District Office
P O Box 294
Turnerville, Georgia 30580
Phone: 706-754-1998
Fax: 706-754-1803

Please forward to anyone interested

Posted: December 5, 2007

The Corrupt Business of Child Protective Services | Nancy Schaefer – Kidjacked.

Kentucky SC: Biological Dads Have ‘Inherent, Equitable Rights’ « Fathers & Families

In Activism, Best Interest of the Child, Child Custody, Child Custody for fathers, Child Support, Children and Domestic Violence, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, False Allegations of Domestic Violence, Family Court Reform, Family Rights, Parental Alienation Syndrome, Parents rights on June 30, 2010 at 6:44 pm

June 28th, 2010 by Robert Franklin, Esq.

Given the unusual facts of this case, and recognizing the inherent, equitable rights of biological parents who are deprived of parenting through no fault of their own, the grant of joint custody to Trevor cannot prevent Cahill from going forward with his paternity action.

That’s the Supreme Court of Kentucky writing in this case (Leagle, 6/17/10). Let me repeat the key words: “recognizing the inherent, equitable rights of biological parents who are deprived of parenting through no fault of their own…” Let me be clear; those words have the power to blaze trails into the law governing paternity fraud and adoption where none have gone before. They were written by the highest court in the state.

For twelve years I have studied the many ways in which fathers can be deprived of their rights by family courts and family law. One of the easiest ways is for mothers to keep the truth about paternity secret from dads. Over the years, I have read scores of cases in which a father was deprived of his parental rights through that simple expedient. Not once in all that time has there been a case that recognized the “inherent, equitable rights” of fathers.” Not once in all that time have I read a case that recognized the simple principle that rights cannot be lost without some action on the part of the individual whose rights they are. I’ve said it before: the most heinous mass murder has, literally, greater due process rights than the most upstanding single father.

The simple “Due Process 101” rule is that no one can be deprived by the state of their rights absent notice that the state is trying to do that, and a hearing at which the person can attempt to defend himself. But in the case of fathers’ rights, that most humble of notions is often nowhere to be found. In paternity fraud and adoption cases, fathers are routinely stripped of their parental rights with neither notice nor a hearing.

But in Kentucky, at least, that may have come to an end.

The facts of the case are weird, the holding unremarkable. Follow the bouncing facts. Trevor and Bethany Smith got married in October, 2002 and divorced in December, 2003. Their petition for divorce recited that Bethany was then pregnant by another man. Their divorce was finalized in February, 2004, but they remarried on July 15, 2004. The child was born the next day. They divorced again in September, 2007. Shortly after that, Bethany informed Andrew Cahill that he was the father of the child who had been conceived during her first marriage to Trevor and born during the second.

Strange as those facts are, they give a pretty good indication of how ridiculous presuming paternity on the part of the husband can be in an era of readily available DNA testing. Technically, because the child was born during the term of their second marriage, Trevor was the presumptive father. That would be true despite the fact that (a) both parties had admitted the opposite in their first divorce proceeding and (b) accurate information about paternity was only a couple of mouth swabs away.

And that is what Andrew Cahill wanted – accurate information about paternity. He filed a suit to establish paternity and get custody if the child proved to be his. Trevor and Bethany resisted his claim of paternity and requested the trial court to block his request for testing. All three courts – trial, appeals and Supreme Court – ruled for Cahill.

As I said, apart from the odd facts, this is just an off-the-shelf paternity case, but the Supreme Court took it further than that. Cahill is just the type of dad I’ve been researching for years. He had a brief relationship with a woman who more or less simultaneously had a relationship with another man. In this case, it was her off-again/on-again husband. Cahill never knew the child was his until she told him some time after September, 2007. By that time the child was three years old.

Trust me on this. In the past, the court might have shed a few crocodile tears for the unknowing father, but ultimately would have ruled that bringing a new person into the child’s life would be too disruptive and therefore (altogether now) the best interests of the child required that he/she have nothing to do with the actual dad. No longer. If Cahill proves to be the child’s father, he will have some measure of parental rights to be decided by the trial court.

In vain did people like me point out that bringing a new father into the child’s life is exactly what mothers do when they divorce and remarry. No, the child’s best interests either weren’t so important in those cases or, more likely, courts knew perfectly well that children adapt to those situations well enough. Whatever the case, the upshot was that if Mom wanted to remarry, she could; if Dad wanted a relationship with his child, well it was his tough luck.

And of course the fact that the dad’s absence during the important early life of the child had been brought about, not by him but by her, went entirely overlooked. In short, she controlled his parental rights as surely as if they were hers to begin with.

But in Kentucky, that has changed. Now we have the Supreme Court referring to “inherent” parental rights. That would seem to mean that simply being a biological parent creates parental rights. That is, they don’t come from legislative enactment or even from Constitutional authority. They come from the biological fact of parenthood.

They are “equitable” rights, i.e. not those created by law but by the facts of the situation. So dads in the dark about their paternity can no longer be deprived of those rights (called by the U.S. Supreme Court “far more precious than property rights”) simply by the nefarious actions of the mother. It’s an old rule of equity court that person who seeks equity must do equity and must have “clean hands.” Therefore, a mother who seeks to deny a father his equitable parental rights, must prove that her hands are clean. Lying to him about paternity or withholding the truth about it doesn’t qualify.

The court’s language is dicta, i.e. not a controlling holding. But ever after, attorneys and courts will be quoting those magic words “the inherent, equitable rights of biological parents” that the court said it was “recognizing.”

It’s the thin edge of the wedge.

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Kentucky SC: Biological Dads Have ‘Inherent, Equitable Rights’ « Fathers & Families.

Gender Polarization Impedes Family Law Reform | angiEmedia

In Alienation of Affection, Child Support, Children and Domestic Violence, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, Family Court Reform, Family Rights, Freedom, Intentional Infliction of Emotional Distress, Marriage, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment on March 23, 2010 at 6:29 pm

I found this article published about 3 months ago, and agree with it completely.  Gender-based politics have lead to trauma and child abuse, while hate sites such as rightsformothers continues to espouse gender-hate speech against children who have NO contact with their moms for the exact same reasons that most fathers now do.

Gender Polarization Impedes Family Law Reform

Written by: Chris Share1
Use of Our Content (Reposting and Quoting)

December 9th, 2009


Today I viewed a disturbing website. It’s called Justice4Mothers. The idea that mothers deserve justice is not disturbing. I believe that everybody deserves justice regardless of gender or sexual orientation. And it’s not that every one of the articles on the site is alarming, either. But one particular article riled me up a bit. The article is reposting of a twisted reposting entitled Attention Judges and Lawmakers: This is the REAL AGENDA of the Father’s Rights Movement.

I don’t consider myself a father’s rights activist, so the reason the reposted articles bother me is not that they put down father’s rights groups and I’m somehow personally offended by this. I’m an advocate for the rights of parents and children of both genders. There’s no question in my mind that sometimes its the mothers who are shafted by the courts, sometimes it is the fathers, and usually it is both. And usually, the children are victimized right along with one or both of their parents.

The main two reasons I’m alarmed by this article are:

  1. The article is a mockery and distortion of author Rachel Alexander’s original work. I wouldn’t like to see this done to my writing and empathize with how Rachel Alexander feels about it.
  2. The article serves to further harm all children and parents. It largely consists of a reposting of vitriolic tripe from an hack job reposting of her work at the web page How Fathers Can Win Custody to Avoid Paying Child Support.

Rachel Alexander

I compared the reposted articles versus the original article Guide: How Fathers Can Win Child Custody on the Intelligent Conservative. The World O’ Crap version is totally different from the Intelligent Conservative version. It appears to be a mockery of the original article. It quotes bits and pieces of the original work interspersed with extreme distortions to make the original words look ridiculous. But the Justice4Mothers reposting has made the matter worse by removing the formatting that made it somewhat clear what the original words were versus the spin-job.

Rachel Alexander is aware of the mockery being made of her article by the World O’ Crap website and their distorted hack job on her writing. View Rachel Alexander’s posting archive page and scroll down to the bottom. You will notice how displeased she is about that warped spin on her writing:

(from Rachel Alexander’s posting archive page)

Note to the haters: Ms. Alexander has never posted on a salon.com blog called World o Crap and to say otherwise is false as well as libelous.

Mother’s Rights Websites: Too Many Espouse Rabid Extremism

The tactics mentioned in the spin-job reposts are purported as being applied by men to ruin their ex-wives and ex-girlfriends to obtain 100% child custody. However, these same destructive and selfish tactics are applied by women, too. By perpetuating and spreading the distorted views from World O’ Crap, Justice4Mothers is doing children and parents, including mothers, a grave disservice. Sadly, it is just one of many “angry women” web sites that is creating such a bad impression of women and mothers. Without knowing more about the people behind these sites, I’d hazard a wild guess that they are either guys posing as extremist women to make a point or they are personality disordered vindictive and likely abusive women. But whatever the case may be, the result is not good.

Extremism and sexism are common problems with far too many “mother’s rights” web sites. We’ve been noticing recently that there are slew of them that are quoting from and linking to our articles. While typically this would be fine with us, it is alarming to see how these web sites distort the facts in an attempt to trash fathers and men in general that not only does a disservice to fathers, but also seriously harms children and good mothers, too.

Some of them appear to be going after particular men, going so far as to doctor photographs of fathers to make them look creepy. Canadian author Michael Murphy of the web site Parental Alienation Canada and others have been slammed by some of these web sites as he describes in his article The Cyber Stalkers from OZ are back again with their not so secret – secret service.

What these web sites are doing is not productive. Blindly stereotyping child custody warfare perpetrators by gender isn’t helpful. It actually increases the odds of these battles continuing, ensuring the demise of more children, parents, and families due to the ongoing systemic failure to reform the broken family law courts and family and domestic relations laws.

Balkanization Of Family Law Reform Advocates

Polarizing family law problems along gender lines serves the purposes of those who would like to perpetuate the tragedies of today long into the future. The polarization pushed by “gender rights” groups balkanizes those who oppose the current system. It serves the divide and conquer tactics of the power-elite in government and lobbying groups who conspire with them. These groups are happy to pit men and women against each other in a fight to the death over child custody.

The government and lobbying groups that interfere with family law reform regard divorce as a sort of financial equivalent to the energy output of nuclear fission. Break apart an atom by fission and you get some energy. Break apart lots of atoms and you get a chain reaction that might blow up a lot more than just the decomposing atoms.

Likewise, breaking apart lots of families releases large stores of cash. The people behind are often “irradiated” severely, leading to long term ruination by psychological, emotional, and financial devastation. Others are figuratively incinerated by the nuclear divorce blast. Both outcomes are desirable for many judges, lawyers, CPS social workers, police, psychologists, and collection workers who comprise the divorce, domestic violence, and child support industries. That’s because the destruction of children and families helps ensure their financial security by sucking the lifeblood out of families. Additional revenues are gained by hocking off the pieces of what remains after mommy and daddy have repeatedly shot each other with legal bullets for several years and the children have had holes blasted in their souls by the conflict.

Child support begets a whole new government bureaucracy that serves to take from some to give to others while taking a cut along the way and abusing anybody who disagrees. Money doesn’t lead to good parenting, but wars over child support money lead to damaged and even dead children and parents.

Then those damaged children turn into ready enablers of job security for CPS, police, and psychologists because they tend to become depressed, anxious, antisocial, and even criminal. Many of them will go on to abuse their own children in the future and repeat the mental illness, divorce, child abuse, and crime cycle.

Both Genders Culpable

Both men and women abuse the family law courts and their children. I understand that it is often very hard to be objective about this when your personal experience stems from the nightmare bullying, lying, harassment, and even parental alienation pulled on you and your family by your ex-wife or ex-husband. But the failure to be objective leads to false generalizations that only women or only men commit abuses and crimes in child custody battles. This is foolish, intellectually dishonest, and counterproductive. It is as moronic as generalizing that all men are evil genocidal maniacs because Hitler and Stalin were both men. It is just as idiotic as claiming that all women must be witches because in Salem they executed many of them and the common (but inaccurate) perception is that all were females.

American Divorce Courts: The New Salem Witch Trials

Sadly, family law courts and the polarized bickering around them today are much like the Salem witch trials. Reality has been tossed out the window. Due process has been stabbed in the back and left to die. Innocent people are being ruined by false and bizarre allegations. Children are being seriously harmed. And the insanity continues largely unabated. Meanwhile, the government and its power-hungry agents benefit from the chaos.

What’s In A Name?

There are many well-intentioned family law reform groups with the words mother, father, men, or women in their names. Unfortunately, there are many groups with such names which are not at all well-intentioned. If you’re fed up with the family law system and are thinking about starting a group in your area, do yourself a favor — avoid the gender bias in your name. Stick the words “parents” or “children” or “families” in your names and avoid any hint of identifiable gender bias that might get you lumped together with the gender extremists.

Gender Polarization Ensures No Solutions

Both the mother’s rights and father’s rights bigots are doing themselves and more importantly their children no good. The government and its parasitic allies enforce their family-busting policies to turn parents on each other to drain them of their assets and transform their children into fountains of money and job security. By polarizing the unquestionably wronged populace of broken families, the gender rights groups are simply enabling more of the same. These problems simply will not be fixed until there is a stop to the gender wars over child custody and family law.

LegalMatch finds you EXCELLENT lawyers for free!

Further Reading

Unconstitutional Child Custody Decisions

Republicans Fail to Offer Family-Friendly Policy Choices

Holding Family Law Judges Accountable

Men’s Rights: Feminism should be about equality — for males too

Cathy Young Criticizes Slate/Salon Hit Job on Family Court Reform Movement in Forbes

Battered women – and men

CPS, Child Custody, Children, Courts, Divorce, Family, Federal Government, Government Abuse, Legal, Police, Politics, Prosecutor
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Gender Polarization Impedes Family Law Reform | angiEmedia.

Why Parental Alienation is the Act of an Emotionally Abusive Bully

In Alienation of Affection, Best Interest of the Child, Domestic Relations, Domestic Violence, False Allegations of Domestic Violence, Family Court Reform, Non-custodial fathers, parental alienation, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Restraining Orders on March 3, 2010 at 10:45 am

Why Parental Alienation is the Act of an Emotionally Abusive Bully

By Dr. Tara J. Palmatier
Are you and your ex going through a difficult divorce or break up? Do you worry that she or he is turning your child(ren) against you? Are you shocked and confused by how your once warm and affectionate relationship with your kid(s) has become distant and hostile?

Parental alienation is no joke. It’s a form of child abuse. The custodial parent is usually the mother and it’s typically the custodial parent who engages in parental alienation. However, there are men who also engage in parental alienation.

Original research found women to be the perpetrators of this abusive behavior in 90% of reported cases. Recent research indicates both genders equally engage in parental alienation. It’s difficult to know the exact figures because of under-reporting, false accusations, and the positive bias toward mothers that’s rampant in most family courts.

Profile of Parental Alienation

Individuals who engage in parental alienation are like the mean kids in high school who demand that their friends be angry with whomever they’re angry with and hate whomever they hate. In children, this phenomenon is called relational aggression. Now she or he is a parent. They’re mad because your relationship ended—even if they’re the one who initiated the break-up.

Your ex requires, implicitly or explicitly, that your child(ren) feel and act the same way she or he does. The parent who engages in alienation tactics enlists your children to take on his or her battle against you. This is not the act of a responsible, mature adult, much less a responsible, loving parent. This is a bullying behavior called mobbing.

Bullying, Mobbing and Parental Alienation

Mobbing is usually written about in the context of workplace bullying, but that’s a limited use of the concept. It can occur in any kind of system, including a family system. Mobbing is the impassioned psychological harassment of one individual by a group. The attack is usually instigated and led by one or two people who are typically in a position of authority or a peer leader. The International Herald Tribune describes it as “group victimization of a single target” with the goal of demeaning, discrediting, alienating, excluding, humiliating, and isolating the targeted individual.

Mobbing ringleaders are bullies who try to dominate and control others in most situations and relationships. Namie and Namie (2000) describe them as, “inadequate, defective, and poorly developed people.” They’re generally angry, unpredictable, critical, jealous, and manipulative (Davenport, Schwartz and Elliot, 1999; Namie and Namie, 2000). The emotionally abusive bully who engages in mobbing (or parental alienation) revels in the excitement produced by their animosity. It produces a pleasurable buzz or rush in them. Westhues (2002) refers to this as “the euphoria of collective attack.” Sound familiar?

Parental Alienation and Personality Disorders

People that have no compunction about using their kids to hurt their exes seem to fit the profile of the emotionally abusive Cluster B personality disorders (Borderline Personality Disorder, Narcissistic Personality Disorder, Antisocial Personality Disorder). These individuals play the professional victim as they emotionally bully anyone who confronts, challenges, or criticizes them. They don’t recognize appropriate boundaries, won’t accept personal responsibility for their actions—in fact, they blame you for the horrible things they do and always have an excuse to justify their indefensible behaviors.

If your ex is actively or passively alienating your child(ren)’s normal affection toward you, he or she was probably emotionally abusive while you were together. Parental alienation is her or his way of continuing to abuse and hurt you via remote access. Generally, most bullies don’t see themselves as such. If you confront your ex about this behavior, they’ll deny it and blame you for your deteriorating relationship with your child(ren), even as you make every effort to be a present and involved parent.

The only way to stop a bully is with the threat of a greater authority. Appealing to their “better nature” is futile. Emotionally abusive bullies don’t have a better nature. Attorneys and the courts will probably need to be involved as well as an UNBIASED children’s therapist and a lot of documentation. If you believe you’re the target of parental alienation, I encourage you to educate yourself about it and to know, protect and fight for your rights.

by Dr Tara J. Palmatier, PsyD

via: Tara J. Palmatier [masculinisme].

Parental Alienation: Accuracy and the DSM-IV | Parental Alienation Hurts

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Custody for fathers, Child Custody for Mothers, Child Support, Children and Domestic Violence, children legal status, Childrens Rights, Civil Rights, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-IV, DSM-V, due process rights, False Allegations of Domestic Violence, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parentectomy, Parents rights, Restraining Orders, Rooker-Feldman Doctrine, Single Parenting on February 26, 2010 at 4:45 am

Parental Alienation: Accuracy and the DSM-IV

What is the DSM?

“Diagnostic and Statistical Manual of Mental Disorders (DSM) is the standard classification of mental disorders used by mental health professionals in the United States and contains a listing of diagnostic criteria for every psychiatric disorder recognized by the U.S. healthcare system. The current edition, DSM-IV-TR, is used by professionals in a wide array of contexts, including psychiatrists and other physicians, psychologists, social workers, nurses, occupational and rehabilitation therapists, and counselors, as well as by clinicians and researchers of many different orientations (e.g., biological, psychodynamic, cognitive, behavioral, interpersonal, family/systems). It is used in both clinical settings (inpatient, outpatient, partial hospital, consultation-liaison, clinic, private practice, and primary care) as well as with community populations. In addition to supplying detailed descriptions of diagnostic criteria, DSM is also a necessary tool for collecting and communicating accurate public health statistics about the diagnosis of psychiatric disorders.”

This morning there was an article titled “Mental health professionals getting update on definitions” by Gary Rotstein from the Post-Gazette in Pittsburgh.  This article misinterpreted a fact about parental alienation and the DSM. Mr. Rotstein  wrote  There was consideration of hoarding this time as a mental health issue, but it failed to make it into the recommendations for full manual treatment. There are always lobbyists for parental alienation syndrome, but they did not win out this time either.”

According to the DSM website, Parental Alienation is still being considered as an addition to the DSM. There are many advocates and professionals that are exerting countless hours in establishing research that validates Parental Alienation would be a worthy addition to the DSM. It is believed that if Parental Alienation is entered into the DSM that it would be considered monumental in recognizing that parental alienation exists. There are numerous amounts of professionals in the mental health and judicial community that do not endorse parental alienation as a valid diagnosis. Parental Alienation is still a very controversial topic with professionals and the general public. It only hurts the efforts when there inaccurate reports to dismay the general masses who are in favor of the inclusion of Parental Alienation.

What can you do to help?

Dr. William Bernet is leading the effort to include Parental Alienation into the newest addition of the DSM-5, which is expected to be released in May 2013. Many parents and adult survivors have assisted in this effort by writing the leadership of the DSM and making them aware of the severity of Parental Alienation.

Any person who wishes to express his or her opinion about the inclusion of parental alienation in DSM-V may want to contact the following individuals:

Dr. Kupfer is chair of theDSM-V Task Force Dr. Regier is vice-chair of theDSM-V Task Force Dr. Pine is chair of the DSM-VDisorders in Childhood andAdolescence Work Group
David J. Kupfer, M.D.Western Psychiatric Institute 3811 O’Hara StreetPittsburgh, PA  15213 Darrel A. Regier, M.D.American Psychiatric Assn.1000 Wilson Blvd., Suite 1825Arlington, VA  22209-3901

Daniel S. Pine, M.D.NIMH15K North Drive, MSC-2670Bethesda, MD  20892-2670

Parental Alienation: Accuracy and the DSM-IV | Parental Alienation Hurts.

Injustices faced by non-custodial parents | Step Talk

In Alienation of Affection, Best Interest of the Child, Brainwashed Children, Child Custody, Child Custody for fathers, Child Custody for Mothers, Child Support, Children and Domestic Violence, children criminals, Childrens Rights, Civil Rights, Department of Social Servies, Domestic Violence, due process rights, False Allegations of Domestic Violence, Family Court Reform, Family Rights, Intentional Infliction of Emotional Distress, kidnapped children, Marriage, National Parents Day, Non-custodial fathers, Non-custodial mothers on February 25, 2010 at 1:02 am

Injustices faced by non-custodial parents

I thought this was really interesting and very pertinent. It talks about father’s rights and the rights of the non-custodial parent as well as PAS:

http://www.fathersandfamilies.org/?p=6057

nycSM's picture

That is so heart-wrenching

That is so heart-wrenching to read. I cannot imagine what it is like to have been an active and fit parent to your child only to have the courts tell you that you have no legal right to any custody of that child.

StepChicka's  picture

Good read SM8. I skipped to

Good read SM8. I skipped to the Accomplishments this organization has done. I have to say WOW–so cool what this org has been able to accomplish. Lots of good changes thanks to them.

Here’s a list of a few, several, maybe too much…lol I didn’t paste them all I swear They are largely instrumental in military family rights as well.

Fathers & Families has the best record of legislative success, the largest membership base, the highest media profile, the most funding, and the most successful legislative representatives of any family court reform organization. Fathers & Families’ accomplishments include:

*Helped lead successful campaigns in 2004 and 2006 to defeat California “move-away” bills which would have made it too easy for custodial parents to move children to other states without regard for children’s best interests.

*Reduced excessive child support by over $1 billion from 2001 through 2008 in Massachusetts. Won seat on the Massachusetts Child Support Guidelines Task Force in 2007-2008.

* Helped pass paternity fraud legislation (AB 252 and SB 1333) which allows California child support obligors to use DNA evidence to set aside false paternity judgments and the concomitant child support orders.

*Pushed “shared parenting” to the number one issue on the Massachusetts Governor’s website for citizen input.

*Wrote amicus brief which helped win precedent-setting Massachusetts Supreme Judicial Court case protecting children in joint physical custody from being moved out of state, away from one parent.

*Instrumental in passing law opening up access to report cards and school records to non-custodial parents in Massachusetts.

*Helped create California’s COAP program, which allows parents who are unfairly saddled with inflated, unpayable child support arrearages to settle them for modest cash payments.

*Worked with Texas Senator Jane Nelson to pass SB 279, a bill to protect military parents’ custody rights, which was signed by Texas Governor Rick Perry in 2009.

* Helped spearhead successful national protest campaign against Florida’s refusal to reunite a fit and loving Cuban dad with his daughter.

*Helped lead successful campaign to free Brian Gegner, a father jailed because his adult daughter didn’t get her GED.

*Helped beat back repeated California legislative attempts to prevent target parents of Parental Alienation from raising PA as an issue in their family law cases.

*Helped defeat an amendment to California AB 164 which would have prevented fit noncustodial parents from gaining access to school and other records.

StepChicka's  picture

I live in a good state

I live in a good state Smiling

stepmom008's picture

Yep, they’re very

Yep, they’re very impressive. I found them a couple of weeks ago when I was researching child support statutes and lawyers so I signed up for their email alerts & that’s where the story came from. I’m almost tempted to send them money but I’ve really been thinking about contacting them to see if they’ve got something in the works where you can send a letter about their issues to your congressman and senators to try and push some reform.

“There are two things over which you have complete dominion, authority, and control over – your mind and your mouth”.

stepmom008's picture

Oh duh. I just went to the

Oh duh. I just went to the website and they do have an action section:
http://www.fathersandfamilies.org/?page_id=1347

“There are two things over which you have complete dominion, authority, and control over – your mind and your mouth”.

StepChicka's  picture

If this org can change

If this org can change legislature I’m sure they can create a petition of sorts; gather papers, letters like you’re suggesting. Congressman see validity in numbers of people wanting chang and facts of unfairness. Seems like these guys have the right stuff.

Keep me posted on what you find out.

stepmom008's picture

I just filled out an online

I just filled out an online form volunteering to do what I can to help reform the child support laws here in Maine and nationally. I’ll let you know if they contact me & what they say.

“There are two things over which you have complete dominion, authority, and control over – your mind and your mouth”.

Injustices faced by non-custodial parents | Step Talk.

Arizona Judges OK to use Parental Alienation in Custodial Interference Cases

In Divorce, Domestic Relations, Domestic Violence, False Allegations of Domestic Violence, Family Court Reform, Family Rights, Marriage, parental alienation, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation on February 20, 2010 at 1:55 am

February 19, 2010 /24-7PressRelease/

Custodial Interference and Parental Alienation in AZ

Police arrested a woman in connection with a child abduction case even though she is not a suspect in the child’s disappearance.

Instead, Tammi Smith of Scottsdale, Ariz., faces custodial interference charges for her lengthy and repeated pressure to adopt the 8-month-old baby. The legally and emotionally complex world of adoption and parental custody is further complicated by custodial interference and parental alienation.

Courts grant various levels of custody to birth parents, adoptive parents and guardians. Physical custody means the child lives with the custodian at least part of the time, who is responsible for the child’s well-being. Legal custody allows rights to decide on schooling, religion and other major factors in a child’s life. It may or may not coincide with physical custody. Both types of custody also can be split in joint custody cases.

Parents or other individuals can be charged with custodial interference if they refuse to return a child to the custodian after visitation or otherwise try to deny the right to established custody.

Custodial interference laws vary widely between states. Under Arizona state law, a person who is not the parent or legal custodian can face a Class 3 felony for keeping a child from their legal custodian. This may bring a sentence of up to 8.75 years in prison.

Smith had brief guardianship over Gabriel Johnson, the 8-month-old baby she wants to adopt. After this 10-day period, she allegedly bullied Gabriel’s father, forged court documents and tried to have the custody case moved to Tennessee, where the laws might be more favorable to her adoption case. These extreme measures led to a charge of conspiracy to commit custodial interference. A second charge of custodial interference was dropped.

The more common type of custodial interference is one parent keeping the child away from another parent in a joint custody situation. Under Arizona state law, this type of custodial interference is a Class 6 felony, bringing sentences ranging from probation to years in prison.

In such cases, judges may also take parental alienation syndrome (PAS) into consideration. Parental alienation is when one parent repeatedly criticizes and disparages the other parent in an attempt to alienate the child from the other parent. Often the result is that the child no longer wants to have contact with the alienated parent. The degree of parental alienation may differ in severity (mild, moderate, severe) based on the circumstances, and the effects may vary ranging from the child acting out when in the alienated parents care to permanent damage to the parent/child relationship.

Due to the harmful nature of PAS, and custodial interference, it is important to speak to a family law attorney in your area if you believe your child may be a victim. A lawyer can provide more information on warning signs to look for in your child, assess the circumstances of your case and answer your questions regarding your legal rights and options.

Article provided by Cates, Hanson, Sargeant & Rakestraw, P.L.C.
Visit us at www.scottsdaleazdivorcelaw.com


Press release service and press release distribution provided by http://www.24-7pressrelease.com

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Press Release – Custodial Interference and Parental Alienation in AZ.

Alec Baldwin is not Alone: Basement Psychologists can get away with murdering innocent minds… and filling them with lies and ugly thoughts…

In Alienation of Affection, Best Interest of the Child, Children and Domestic Violence, children legal status, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, family court, Family Court Reform, Family Rights, fathers rights, Intentional Infliction of Emotional Distress, Liberty, Marriage, Non-custodial fathers, parental alienation, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation on February 17, 2010 at 10:26 pm

Basement Psychologists can get away with murdering innocent minds… and filling them with lies and ugly thoughts…

In June it will be four years since Athena’s last ‘visitation’ with her father. We made a ‘legacy video’ that time. I asked Athena questions and she answered them. I still have the video. We laughed and talked and she held our dog close to her face telling the camera that Gracie was her favorite pet. Little did we know that months later she would be sitting in the basement of a quack psychologist’s home, drawing a picture on the white board of our family and dog, begging in her own subconscience mind to be rescued from what was about to happen. Hypnosis followed… then stronger drugs…. brainwashing… bribery… and then she began accusing her father of molesting her from age 3 to 13. Today we are without a bank account because of the fight to save her. The fight was fruitless. Parental alienation is nasty, and if you are not a public figure with lots of money like Alec Baldwin… forget it. It’s just a story you tell. A sad, true story.

Alec Baldwin is not Alone: Basement Psychologists can get away with murdering innocent minds… and filling them with lies and ugly thoughts….

How to Address The Denial Of A Parent’s Court Ordered Access, Visitation, and/or Parental Rights | eHow.com

In Alienation of Affection, Best Interest of the Child, Brainwashed Children, child abuse, Child Custody, Child Support, Children and Domestic Violence, children legal status, children's behaviour, Childrens Rights, Civil Rights, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, False Allegations of Domestic Violence, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, Intentional Infliction of Emotional Distress, Liberty, Marriage, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Disorders, Parentectomy, Parents rights, Restraining Orders, Rooker-Feldman Doctrine, state crimes on January 26, 2010 at 11:28 pm

How to Address The Denial Of A Parent’s Court Ordered Access, Visitation, and/or Parental Rights

georgemccasland Member

By George McCasland
User-Submitted Article

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The US Dept. of Health & Human Services conducted a study on this titled “The Survey of Absentee Parents”. The results showed that 60% of the fathers needed to file for enforcement of their court orders within six months of receiving it, and that within five years, lost all contact with the children due to frustration with the lack of help from the courts. This is why it’s so important to learn what you can be doing.

Part of the problem with getting visitation enforced is knowing what to do to prove your case.

Instructions

Things You’ll Need:

  • Daily Journal
  • Chronological Statement
  1. Step 1

    See linked article on “How to Put Together Evidence of Denial of Visitation/Access in Violation of a Court Order”.

  2. Step 2

    It’s most important that you keep a DAILY JOURNAL (see linked article) of all your activities, including any contact with the child(ren). There does not need to be any violence for a claim of violence to be filed. She can get a restraining order because she fears him due to her preventing him from seeing her child. A restraining order can be filed up to a year after a supposed event in many states. With the journal, you can look back and see what you were doing that day and who were witnesses to it, such as being 30 miles away, as was the case with one father.

    He was helping to remove a tree out of the roof of a neighbor’s house. Five months later, the mother claimed that on that night, she had shot out her car windows, and had a police report to prove it. She also claimed he bragged about it. With the Journal, he was able to produce witnesses at the Restraining Order Hearing to show she was lying. However, there’s a drawback to this. In my 20 years of experience, when the mother is unsuccessful in a false allegation of domestic violence, within two years she will progress to child abuse and/or child sexual abuse allegations.

  3. Step 3

    See linked article on Recording Conversations. Remember, you can’t just record, you also have to transcribe the conversations your daily journal.

  4. Step 4

    Take note here that in some states, denial of court order visitation is treated the same as Interference With Custody or Parental Abduction. Though Prosecuting Attorneys usually refuse to enforce the law, getting a police report can help as evidence. In Missouri, the law is RSMO 565.156 §5

  5. Step 5

    If there’s an intent to deny access, prepare a “Notice of Intent to Exercise Visitation” letter stating the specific dates as laid out in your order. Add to this a “Notice of Intent to Exercise Parental Rights” in the same legal format of your other court papers. Sign both and make six copies. See links below for examples.

  6. Step 6

    Mail the originals “CERTIFIED MAIL” and another set with just “DELIVERY CONFIRMATION” (75¢ + postage). If she rejects the Certified Letter, she will still receive the letter with Delivery Confirmation. Remember that these are two different type of mail. To get a Confirmation of Delivery printout, go to the USPS web site at the link below.

  7. Step 7

    If the Certified letter or the Certified Letter Confirmation of Delivery Card, with her signature on it come back, attach either (letter unopened) to a copy of the “Notice of Intent to Exercise Visitation” letter and “Notice of Intent to Exercise Parental Rights”, plus the printout of the Delivery Confirmation from USPS. Take these documents to the County Courthouse and have the Clerk of the Court notarize and them place them in your case file. It’s very important that you repeat this process each time you are to exercise your visitation until either she obeys the orders or you go to court on it. This file gets read by the judge before any hearing, so he will see your effort to resolve this issue without involving the court.

    File the remaining copies for future use.

  8. Step 8

    Repeat process for each time you are to exercise your visitation until she either obeys the orders or you go to court on it.

  9. Step 9

    If the other parent continues to deny you access, you need to decide if you want to use an attorney or go Propria Persona (Pro Se) in taking an enforcement action to the courts. If you wish to use an attorney, you need to take the time to interview several attorneys before picking the one to work with (See linked article on how to do this). Prepare a Chronological Statement (see linked article in preparing one) expressing a history from the time you met her up until this need for action.

  10. Step 10

    A common complain in dealing with these action in court is a claim of bias on the part of the judge. To address any potential of this it is best to use Court Watchers, which are person who are there to witness the proceedings, and not to give testimony. Aside from friends, contact the high school or college about students from government class getting credit for attending the hearing. Each should be equipped with a hard tablet, pen, and a Court Evaluation Form (see link below). They should not sit together in a group, being spread out in the gallery.

  11. Step 11

    If you decide to represent yourself in court, check with your Clerk of the Court for forms for filing an enforcement action. If they do not have one specific for visitation, the ones for child support will work as a template. You need to produce a “Notice of Exercise of Parental Rights” See link for example), filing with the court and having the judge sign it. Serve or have it served on the other parent, depending on the requirements of your state. In Kansas, it can be sent Certified Mail.

  12. Step 12

    For more extensive advice specific to your case, see Dads House Educational Group for association with other dealing with this situation.

  13. Step 13

    Produce a “Notice of the Court of Denial of Exercise of Parental Rights” and “Motion to Show Cause for Contempt of Court of Denial of Visitation” (see links below) for filing with the court.

    Note: This is where it can get complicate in what choices you wish to make. If held in Contempt of Court, this is consider a “CHANGE OF CIRCUMSTANCES”, which is grounds for a Change in the Custody Arrangements. You or your attorney needs to have a Motion for Change of Custody ready to hand the judge (see article on custody changes).

//

Tips & Warnings
  • For Extensive advice on this, and association with others dealing in it, see Dads House in Yahoo! Groups. It’s Free. See link below
  • In states like Missouri, you can file to have child support put on hold, not stopped, until action is taken to address denial of access.
  • A common claim is that the kids won’t come, but that is likely to be a symptom of Parental Alienation Syndrome, so don’t think this is a rejection of you. Just make note of it. Do not ask for the children to say it to you directly.

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How to Address The Denial Of A Parent’s Court Ordered Access, Visitation, and/or Parental Rights | eHow.com.

Fathers-4-Justice Sault Ste. Marie: Ontario Children’s Aid and Misandry

In Alienation of Affection, Best Interest of the Child, Brainwashed Children, child abuse, Child Custody, Child Support, Children and Domestic Violence, Childrens Rights, Civil Rights, custody, Divorce, Domestic Relations, Domestic Violence, False Allegations of Domestic Violence, family court, Family Court Reform, Family Rights, Feminism, Fit Parent, Foster CAre Abuse, Foster Care Scam, Freedom, Intentional Infliction of Emotional Distress, judicial corruption, kidnapped children, Marriage, Michael Murphy, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Parentectomy, Parents rights, Restraining Orders, Single Parenting on January 25, 2010 at 4:23 pm

Sunday, January 24, 2010

Ontario Children’s Aid and Misandry

Many men will attest to have seen a bias by CAS Protective Workers who are, it would appear, 95% female and some stridently feminist in their ideology. I can certainly speak to it, and can also say the local Algoma CAS and its sister organization Algoma Family Services, who deal with child mental health issues, have both shown me they care little about fathers. In one case a worker completely ignored my requests for help on the telephone and declared a conflict of interest so she could get out of providing service to me. I went over her head and finally got a supervisor to do her job.MJM

By Susan Longley


Please note concerns regarding  upcoming Ontario conference. (see OACAS web site).

A frightening trend in North American child welfare practice  is the growing alliance between child welfare services and those promoting anti violence against women (i.e. VAW sector).

This alliance has resulted in an increased denigration of male parents and general deterioration in efforts to address the best interests of children. The deeply rooted gender biased ideology of the latter sector remains deeply troubling and in complete  contradiction to male parents attempts to engage with child welfare services involved with their  children. This concern needs to be urgently addressed, partly to maintain service integrity but also to maintain an ethical stance towards families in general.

Male parents are frequently already marginalized from participating in services for their children. There is now an  increased propensity to isolate men even more so from their children’s lives. There remains a blatant contradiction between child welfare services who adopt the polemic and platitudes of the VAW sector. The child welfare mandate remains to enhance family life VAW sector is completely contradictory and opposed to such values.

It has become recently popular for child welfare services and VAW services to adopt certain kinds of inter agency protocols. These protocols are an embarrassment to child welfare practice in Canada. Blatantly unprofessional and academically dishonest theses protocols reflect misandric nonsense rather than legitimate protocol. These so called protocols must be abandoned and exposed for what they are. There are least two CASs in the Toronto region (see Peel CAS protocol with VAW sector)) have adopted such protocols. These agencies are allegedly family service agencies with no endorsement to promote such anti male rhetoric.

A review of these protocols disclose an incredulous gender bias which can only be described as sexism of the worst order. These professionally distasteful protocols are  written in total sympathy with VAW expectations with no accountability to the general public or their respective agency mandates. They contradict not only good social work practice but remain contradictory  to ethical guidelines established by their governing body  OASW.

These so-called protocols allege to address issues related to inter agency service provision and cooperation between public agencies but are in fact nothing more than an ideological treatise intended to alienate men further from appropriate child welfare practice.

These protocols refuse to acknowledges domestic violence in families other than that of men against women. Women remain the perpetual victim and men always the perpetrator. Any mention of domestic violence refuses to acknowledge  women ‘s violence against men. Programmes sponsored by child welfare services for children exposed to domestic violence ultimately define the perpetrator as male.

These protocols never hold women accountable for any acts of child abuse or inter personal violence. The identification of child abuse only mentioned in regard to men.  Any child welfare programmes delivered to “children exposed to family violence” refer to men only. Women are never identified as initiators of any domestic violence even when a so-called family agency is involved.

The suggestion that women may make false complaints regarding domestic violence in order to gain an upper hand on custody and access matters is not acknowledged. That women may fabricate or even lie is considered anathema.  The fact that women account for the majority of child abuse in not even mentioned. That VAW services and child welfare services advocate becoming increasingly involved in controversial custody and access matters remains extremely repugnant. The suggestion that child welfare services become more intrusive regarding access arrangements between children and their fathers is an outright abomination.

Please find a copy of a recent letter sent to Jeanette Lewis, Director of  the provincial OACAS (see web site) outlining my concerns regarding an anticipated conference involving Provincial Child Welfare Services and Violence Against Women Services. The purported agenda is to build understanding and cooperation between the two sectors. My cynical view, as previously suggested, indicates an alternate agenda. The VAW sector is given a further opportunity to impose a particular ideological gender politic on child welfare services.

“I notice with trepidation an anticipated 2010 Toronto conference co sponsored by Ontario Association of Children’s Aid Societies , The Ontario Women’s Directorate and various Violence Against Women programmes. The theme of the conference being the “Intersection of Women Abuse and Child Welfare Services.”

I was immediately troubled by the tone and wording of the conference details included in the call for papers especially given the propensity for child welfare services in Ontario and in general North America, to adopt a value preference embracing the practice of a certain feminist political and ideological agenda. A social work practice that has increasingly marginalized services to men and boys and a priori assumptions regarding male perpetrators and female victims.

I have outlined a few  of my concerns.
As many researchers have pointed out gender feminist theory has its limitations and family service agencies in particular must always be ethically accountable in providing services to both men and women especially where “best interests” of children are involved. One can already anticipate the usual presenters invited to provide discourse at such matters. It would be extremely naive to expect genuine debate or rational presentation between the sectors involved.  I will assume the usual feminist rhetoric and platitudes will rule the day.

Some academic  integrity needs to be maintained  and that the conference must reject any ideological and gender biased, misandric unbalanced research which has tended to place a certain anti male spin on issues related to woman abuse, child custody and other such politically charged issues.

There has been a long term feminist advocacy in this province (highlighted in proposals of the provincial domestic violence death review  panel and its recommendations ) to have child welfare services acquiesce to the values and political ideology of the violence against women sector.

This is viewed by many as a regressive and extremely ill advised road to go down. It is appears regressive for child welfare services in general, especially since their services have already become suspect for aligning themselves with principles that reject a family orientation and men in particular. Any child welfare services must be dispensed with fairness and remain gender neutral in practice.

I am concerned that any dialogue between CAS and VAW sectors becomes a mere “smoke screen” for advocating CAS become more feminized in their social work practice at the expense of academic and social work integrity. Not that the two sectors cannot collaborate on occasion and cooperate when appropriate in providing in shared client advocacy.


It seems vital and important to acknowledge the value differences between the two sectors and reject the propensity to gloss over the obvious political and ideological conflicts. It is imperative that these conflicts be clearly acknowledged and identified. This remains especially so in reference to mutual  protocols regarding advocacy and support of woman’s issues especially those issues related to custody access and the interaction between service providers regarding male clients and families in general .  It appears to me that the mandates of  the two sectors are severely different and are grounded in often opposed ideological principals. Just a few issues regarding the two sectors come to mind.

Definitions of Abuse and Victimization:

More stringent definition of abuse and victimization in general are required by both sectors. The CAS social workers remain accountable not only to the clients, the best interest of the child but also the court system especially when wards of the court are involved. What is considered abuse in the VAW sector cannot always be validated in the CAS sector.


CAS are obliged to involve male fathers and partners regardless if they have been identified as so called perpetrators or offenders.

Validation

The feminist principle of “validating” the “stories” of violence against women and children has always been troublesome for social workers in the CAS sector. Not to deny supportive advocacy for all clients (a basic social work value)  CAS social workers have always had to depend on not only “clients narratives” but also collaboration efforts to seek alternate sources of  information. The VAW sector do not require such gender neutral language of exploration and context for service. It appears that a higher standard of accountability and transparency is required.

Gender Bias / Male Clients and Partners:

Gender biased practice has been generally the order of the day. Given the long history of feminist advocacy many would argue that CAS have acquiesced far to willingly to certain  feminist theory at the expense of gender neutral practice. This must be recognised and the matter dealt with in an honest and forthright manner. Children’s best interest require addressing issues with both parents where possible.

CAS social workers when in court regarding children’s interests must prove that they have attempted involved both parents (and even other partners as defined as parents ) Fathers and or partners in a parenting role can never be ignored in CAS social work. The issues regarding custody and access assessments during divorce remains a highly contentious one, as do the issues related to counselling of couples where violence has occurred. Protocols regarding children’s access to both parents where domestic violence is disputed also remains highly contentious. These issues must be debated within the reality of both male and female experience.

Academic Research and Domestic Violence Findings:

The academic literature regarding domestic violence has and continues to be long dominated by a certain type of feminist ideology and both the  CAS and VAW sectors have been very much influenced in their practice by certain political views. This must change. The literature is much more divergent in findings and recommendations for practice than previously acknowledged. This is particularly so when discussing woman abuse and domestic violence. The divergent literature has always been available but to many practitioners who accepted certain dissident views were quickly rejected ostracized or threatened.

A modest appeal to Richard Gelles article January 2007 Family Court Review sums up these concerns regarding academic integrity with succinct clarity. Need I mention Don Dutton’s “Rethinking Domestic Violence.”


These are some of my concerns regarding the two sectors having authentic dialogue. This can only be achieved with honesty and respect. Some would also claim an appeal to rational discourse mixed with a modicum of intellectual integrity can also help.

Regards Susan

Fathers-4-Justice Sault Ste. Marie: Ontario Children’s Aid and Misandry.

Pajamas Media » The Domestic Violence Industry’s War on Men

In Activism, Alienation of Affection, Best Interest of the Child, Brainwashed Children, Children and Domestic Violence, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, False Allegations of Domestic Violence, Family Court Reform, Family Rights, fatherlessness, fathers rights, Feminism, Intentional Infliction of Emotional Distress, kidnapped children, Liberty, Marriage, National Parents Day, parental alienation, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Relocation, parental rights, Parental Rights Amendment, Parentectomy, Parents rights, Restraining Orders, Rooker-Feldman Doctrine on January 22, 2010 at 2:53 pm

The Domestic Violence Industry’s War on Men

By painting all males as brutes, feminists hope to reduce half the population to a state of dhimmitude.

January 21, 2010 – by Barbara Kay

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The industry that has grown up around domestic violence (DV), or, as it is more precisely situated these days in research circles, intimate partner violence (IPV), began in good faith decades ago as a legitimate campaign to help women trapped in abusive relationships.

Over the years, as the triumphalist feminist revolution’s long march through the institutions of the West proceeded with eerily unchallenged vigor, DV emerged as a highly politicized touchstone justifying women’s entitlements — legal, economic, familial — at the expense of boys’ and men’s human rights.

A tipping point in the DV chronology, when the focus amongst militant feminists shifted from helping individual women to the more totalitarian ambition of reducing the male population to cultural dhimmitude, can be traced back in time to December 6, 1989, and in space to a school two miles north of my front door.

December 6, 2009, marked the 20th anniversary of a unique tragedy in Western history, the systematic massacre of 14 women engineering students, with injury to 13 others, at Montreal’s École Polytechnique by a lone young gunman, Marc Lepine, who killed himself at the end of his shooting spree.

As an act of violence against women, the Montreal Massacre had no prequel or sequel. Lepine — his real name was Gamil Gharbi, but Lepine chose to identify with his québécois mother rather than his brutal, misogynistic, Algerian-born father — was a sociopath, unaligned with any faith, political movement, or identity grievance group. He was no jihadi. Although one could argue that the massacre presented elements of an honor killing, Lepine’s crime was essentially sui generis.

Ironically enough, if he were a jihadi, feminists would have been stymied in their rush to collective judgment, for the standard reflex following jihadist incidents is to repudiate any linkage of the act with Islam and to warn against expressions of Islamophobia.

But in the case of the Montreal Massacre, a diametrically opposed instinct prevailed. Because Lepine’s only distinguishing feature was his maleness, the tragedy sanctioned unbridled hostility toward all heterosexual men. Indeed, for elite feminist apparatchiks, then in their most muscular and misandric phase, bliss it was in that bloody Montreal dawn to be alive.

Brazenly, without bothering to adduce any substantiating chain of evidence, there being none, feminist spokeswomen linked the horrific crime of a lone sociopath to the general phenomenon of domestic violence against women. Marc Lepine “became” all men who want to control women — eventually all heterosexual men — and December 6 achieved instant sacralised status as a day of national mourning that, for fevered rhetoric and solemnity, eclipsed even 9/11 memorials.

As I wrote in a December 2007 National Post column:

By contrast [to Americans’ lessening interest in 9/11 memorials], the Canadian public never seems to weary of the annual December 6 tribute to the 1989 Montreal Polytechnique shooting massacre of 14 women. Indeed, 12/6’s branding power burgeons with every anniversary: The theme of violence against women dominates the media; new physical memorials are constructed; additional programs decrying domestic violence against women are entrenched in school curricula; masses of white ribbons are distributed; more stringent gun control is more strenuously urged. Their cumulative effect is to link all Canadian men to a global conspiracy against women of jihadist proportions.

Feminists everywhere in the West appropriated its emotive themes to lend greater credence to an already widespread pernicious tripartite myth: namely, that all men — the “patriarchy” — are inherently prone to violence against women, that all women are potential victims of male aggression, and that female violence against men is never unprovoked, but always an act of self-defense against overt or covert male aggression.

The unspoken corollary to these falsehoods is that violence perpetrated against males, whether by other males or by females, is deemed unworthy of official recognition or more than minimal legal redress, and that while female suffering must be acknowledged as socially intolerable, male suffering may not make a parallel moral claim.

In fact, as any number of peer-reviewed research and government statistics make clear, although women are far more likely to report domestic abuse, equal numbers of men and women experience some form of DV during their lifetimes; men and women initiate abuse in equal measure; and far from any inherent “patriarchal” instinct to control women, DV — in Judeo-Christian culture at any rate — is almost always attributable to individual psychological dysfunction (see citation for Abusegate RADAR report below).

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Barbara Kay is a weekly columnist in the comment pages of Canada’s National Post newspaper.

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Out of the FOG – Parental Alienation

In Alienation of Affection, Best Interest of the Child, Brainwashed Children, child abuse, Child Custody, Child Custody for fathers, Child Custody for Mothers, Child Support, children legal status, Childrens Rights, Civil Rights, custody, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-V, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, Fit Parent, Intentional Infliction of Emotional Distress, kidnapped children, Marriage, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, parental rights, Parentectomy, Parents rights, Protective Parents, Restraining Orders, Rooker-Feldman Doctrine on January 22, 2010 at 2:32 am

Parental Alienation and Parental Alienation Syndrome

Definition: Parental Alienation is a term which is used to describe the process of one divorced parent inappropriately influencing a child into thinking that the other parent is bad, evil or worthless.

Definition: Parental Alienation Syndrome is the resulting condition that a child who has been subjected to Parental Alienation can have, in which, under the influence of an adult whom they trust, inappropriately believe that one of their parents is worthless, bad or evil.

Definition: Hostile Aggressive Parenting (HAP), also known as Parental Alienation, is a term which is used to describe the process of one divorced parent inappropriately influencing a child into thinking that the other parent is bad, evil or worthless.

Description

In general, alienation means interfering with or cutting off a person from relationships with others. This can occur in a number of ways, including criticism, manipulation, threats, distorted reporting or control. Click Here for More Information on Alienation in General.

The most widely reported form of alienation is parental alienation – where a parent tries to sabotage the relationship their child has with the other parent. This is quite common when divorcing someone who has a personality disorder.

Examples:

Parental Alienation can take many forms including:

  • Verbal criticism of the other parent – derogatory comments, telling stories about the other parent, portraying their bad side, picking up on their faults, highlighting their mistakes, drawing unfavorable comparisons between them and others.
  • Withholding or discouraging contact with the other parent – not allowing visits or keeping visits inappropriately short. Moving to another geographic location to limit contact, forgetting or impeding visitation rights, forcing the other parent to jump through hoops or meet inappropriate criteria or conditions in order to see the children.
  • Denying phone contact or sabotaging phone contact by not picking up the phone, turning the phone off, being out when the phone call comes. etc.
  • Intimidating the child – making the child feel bad for loving the other parent, criticizing or mocking the child’s interest in the other parent or discouraging the child from spending time with the other parent. Forcing the child to meet stringent criteria or perform extra chores or pass certain tests in order to be “rewarded” with contact with the other parent. Punishing the child by removal of affection or privileges after spending time with the other parent.

What it feels like:

Parental alienation is a form of emotional child abuse. Children instinctively love both parents and feel immense stress when asked by one parent to choose between them and the other parent. When a child is told that one of their parents is bad they identify with that parent and they feel as though they themselves are bad. They feel shame for who they are and they feel shame for secretly loving the other parent.

It is absolutely critical to a child’s sense of security and self esteem that they be allowed to love both of their biological parents. That doesn’t mean you have to condone bad behavior. It does mean though that you have to allow the child to love who they love and to feel what they feel without shame or punishment or control or manipulation.

It is very common for divorcing parents to feel anger at the other parent and to express that anger in front of the children. However, it is highly inappropriate for parents to put children in that position. If you need validation for the way you feel towards your ex-spouse you should talk to a friend or a therapist about it – not to the children.

It’s also common for people with personality disorders to launch their distortion campaigns about the other parent in front of the children. This is highly destructive.

What NOT to Do:

  • Don’t verbally berate your child’s other parent in front of them – no matter what they have done. When a child hears that his parent is bad he hears you say that he is bad.
  • Don’t try to discourage your child’s love for their parent. Separate your feelings from your child’s feelings and understand that they will make up their own mind about what they think.
  • Don’t limit your child’s contact with the other parent – except when they are in danger of abuse.
  • Don’t lie to your children. Be honest with them if they ask a question – but don’t take it as a license to say more than you really need to. If, for example, your child asks you “did mommy do something wrong?” you can say “I think mommy made a mistake” and leave it at that.
  • Don’t discuss grown up issues with children.
  • Don’t interrogate your child about what the other parent says or does. If they want to tell you something let them, but leave it at that.
  • Don’t try to compensate for a parent who is trying to alienate you with gifts or strange behavior. Just be you. Your child is able to separate fact from fiction in cartoons. They can do it in real life too.

What TO Do:

  • Put the best interests of your child ahead of any personal feelings you may have.
  • Affirm your child. Tell them you love them. Praise their accomplishments, encourage them to be all they can be.
  • Be consistent and reliable. Keep your promises.
  • Document clearly incidents where you feel the other parent is trying to alienate your children from you.
  • Consult with a COMPETENT attorney about your options. In general, courts do not look favorably on parents who try to alienate their children from the other parent. However, your complaints should be specific and unemotional – with the best interests of the child at heart.
  • Confront the other parent unemotionally and clearly – in writing is best – if you feel that they are making a mistake. Keep a record of what you have written.
  • Report any acts of violence, threats of violence or self harm immediately to the authorities.


For More Information & Support

If you suspect you may be related to – or in a relationship with – someone who suffers from a personality disorder, we encourage you to learn all you can about personality disorders and get support to help you to cope. Explore our site to learn about more Common Traits & Behaviors of Personality Disorders or discover real life stories and discuss your own situation in our Support Forum.

Out of the FOG – Parental Alienation.

Parental Alienation Syndrome and Brainwashing children: The four levels of abuse | Brainwashing Children

In Activism, Alienation of Affection, Best Interest of the Child, Brainwashed Children, California Parental Rights Amendment, Child Custody, Child Support, children legal status, children's behaviour, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-V, due process rights, False Allegations of Domestic Violence, family court, Family Court Reform, Family Rights, kidnapped children, Marriage, Munchausen Syndrome By Proxy, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Parentectomy, Restraining Orders on January 21, 2010 at 5:12 pm

Brainwashing children: The four levels of abuse

Posted on 08. Nov, 2009 by admin in Brainwashing, Exposing the methods

The Four Levels of Brainwashing Children

The Four Levels of Brainwashing Children

Brainwashing children to despise a parent falls into one of four categories of severity:

  1. Glancing insult
  2. Direct attack
  3. Relationship assault
  4. Relationship-ending coaching

Glancing insult
The glancing insult, also called a “drive-by put down,” is a derogatory remark said to the child about a parent. These are off-the-cuff remarks whose purpose is to instill doubt and negative opinions about the target parent.

Examples include:

“She’s picking you up at 6pm, if she’s even on time”
“So your father didn’t seem to care much about what you thought, huh…”
“You know I love you more than anyone else in the world does, don’t you?”

Direct attack
A direct attack is a slew of words plainly at plainly disparaging you, and thus your relationship to your child.

Examples:

“Your father is an inconsiderate jerk”
“If your mother wasn’t such a messed up soul, your time with her would be much more fun”
“Your mother is a terrible mother, that’s for sure. I can’t believe she did that—what a moron”

Relationship attack
When the source parent tries to harm the parent-child relationship by attacking visitations, minimizing telephone and email contact, and insinuating that time spent with the target parent is bad for the child.

Examples of what such parents will do:

Being “unavailable” all week to receive phone calls from the target parent to the child
Not returning any calls, texts, or emails made by the target parent
Telling the child, “You have complete family here with me and your Dad (step-father), yet he’s again ripping you away from us this Christmas”
Telling the child, “You only have 5 days left with her, then you’ll be back and safe with us.”
Withholding letter, postcards, and emails from the child

Relationship-ending coaching
The most deplorable thing a parent can do to their child is the final step, coaching the child on how to completely break off contact with their own parent.

Some of the things the source parent will teach the child include:

  1. That once the child is 18, he/she no longer has to be in contact with the target parent anymore, and is encouraged to do just that
  2. That once the child is 18, if a boy he can change his last name to something different like his step-father’s last name
  3. That once the child is 12, he/she can go in front of a Judge and state how awful the target parent is, and of the desire to move in with the source parent and not be with the targeted parent at all anymore

Wrap-up: Take the high road
You’ll sometimes feel overwhelmed at correcting the brainwashing being inflicted upon your child. A brainwashed child will act in truly heart-wrenching manners, and you’ll often not even recognize him or her anymore.

But hang in there. Read this blog, discuss with other loved ones your frustration, and read the book “Divorce Poison,” take your complaint in front of the Judge in your case, and you and your relationship will be rewarded one day for your refusal to take part in counter-attacking the other parent.

Be a loving parent, don’t discuss the other parent in a negative light—ever—and take the high ground. Lastly, find a good child therapist who does “play therapy” with children, and you’ll be doing the right things to slowly undo the damage done to your child’s mind.

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Brainwashing children: The four levels of abuse | Brainwashing Children.

Parental Alienation – Dr. L.F. Lowenstein – Southern England Psychological Services

In Activism, Alienation of Affection, Best Interest of the Child, California Parental Rights Amendment, Child Custody, Child Custody for fathers, Child Custody for Mothers, Child Support, Children and Domestic Violence, Childrens Rights, Civil Rights, cps fraud, custody, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-V, False Allegations of Domestic Violence, Family Court Reform, Family Rights, fatherlessness, Intentional Infliction of Emotional Distress, Jayne Major, Liberty, Marriage, Munchausen Syndrome By Proxy, parental alienation, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, parental rights, Parental Rights Amendment, Parentectomy on January 20, 2010 at 5:58 pm

Parental Alienation – Dr. L.F. Lowenstein – Southern England

The comparison of parental alienation to the “Stockholm syndrome”

Ludwig.F. Lowenstein Ph.D

Southern England Psychological Services

2006

What follows is in great part fact and what is not fact is based on supposition and psychological assessment of how the Stockholm Syndrome develops and how it has worked in the case of Natascha Kampusch recently reported in the press. She was abducted and kept in a prison in an underground cell without natural light and air being pumped into her enclosure. The Stockholm Syndrome was coined in 1973 by Nils Bejerot, a psychiatrist, while working for the police. It occurred that there was a bank robbery and four bank clerks were taken hostage by an armed robber who threatened to kill them. To the surprise of the police, the hostages stated that they had no wish to be rescued indicating that they felt sympathy for their captor.

It was assumed that the feeling of stress and helplessness and possibly a desire to survive led to this unlikely scenario. All the captives were eventually released without harm. The hostage taker himself must have been influenced by the behaviour of his victims as they were influenced by him. One can only wonder how this phenomenon occurred after such a short captivity. In the case of Natascha Kampusch her period of captivity of eight years probably brought about deeper psychological changes and more enduring ones.

As a specialist in the area of parental alienation and parental alienation syndrome where I have acted as a psychological expert in the courts, there appears to be a considerable similarity between parental alienation and the Stockholm Syndrome. The alienator in the case of the Stockholm Syndrome also needs to extinguish any desire in the victim’s past, seeking to demonstrate any allegiance to anyone other than the powerful captor of that individual.

Here too is demonstrated the power of the alienator and the insignificance of the power of the alienated party/parties. It is almost certain that Natascha Kampusch had opportunity in the past to escape from her captor, yet chose not to do so. This was despite her initial closeness to her family. A combination of fear, indoctrination and “learned helplessness”, promoted the total loyalty and obedience of the child to her captor. This captor was no longer viewed, as was the case initially, as evil but as necessary to the child’s well-being and her survival. A similar scenario occurs in the case of children who are alienated against an absent parent.

My forthcoming book about to be published and my website http://www.parental-alienation.info provides information as to why Natascha may have remained so slavishly with her captor for eight years of her young life. Why she decided finally to escape her enslavement will in due course be established. I will attempt to explain what might have occurred to finally induce her to escape.

A child who has had a good relationship with the now shunned parent will state: “I don’t need my father/mother; I only need my mother/father. Such a statement is based on the brainwashing received and the power of the alienator who is indoctrinating the child to sideline the previously loving parent.

In the case of the Stockholm Syndrome, we have in some ways a similar scenario. Here the two natural loving parents have been sidelined by the work of subtle or direct alienation by the perpetrator of the abduction of the young girl. At age 10, the child is helpless to resist the power of her abductor.

To the question: “How does the abductor eventually become her benefactor?”, we may note the process is not so dissimilar to the brainwashing carried by the custodial parent. This is done for the double reason of: 1) Gaining the total control over the child and consequently its dependence upon them. 2) To sideline the other parent and to do all possible to prevent and/or curtail contact between the child and the absent parent/parents.

The primary reason for such behaviour is the intractable hostility of the custodial parents towards one another. This reason does not exist in the case of the abductor of a child such as occurred in the case of Natascha Kambusch. Nevertheless the captor wished to totally alienate or eliminate the child’s loyalty or any feeling towards her natural parents. Due to the long period away from her parents and a total dependence for survival on her captor, Natascha’s closeness to her family gradually faded. She may even have felt that her own parents were making little or no effort to find her and rescue her. This view may also have been inculcated by her captor.

Her captor’s total mastery and control over her, eventually gave her a feeling of security. She could depend on the man to look after her with food, shelter, warmth, protection and hence led to her survival. Such behaviour on the part of the captor led over time not only to “learned helplessness” and dependence, but in a sense to gratefulness. As he was the only human being in her life this was likely to happen. She therefore became a ready victim of what is commonly termed the “Stockholm Syndrome” or the victim of “Parental Alienation.”

This led even to her beginning to love her captor. This view has been substantiated by the fact that Natascha found it difficult to live and feel any real closeness to her natural parents once she was rescued or once she ran away from her captor. She even pined for the loss of the captor who had since committed suicide. Even her speech had been altered from the native Austrian or Viennese dialect to the North German speech due to the fact that she only had access to the outside world via radio and television. This again, however, was carefully monitored by her captor. He controlled what she could see on television and listen to on the radio from outside her underground cell. There was little in Natascha’s present life to remind her of her past except for the dress that she wore when she was captured.

While she developed physically from 10-18 years, her weight changed but little. Why did she decide eventually to leave her captor? This is a question that requires an answer. It is the view of the current author that the answer lies in the fact that she may have had a quarrel with her captor, possibly over a very minor issue. The result was her leaving her captor and then regretting doing so, especially after she heard of his death. By the time her captor, undoubtedly fearing the retribution by the law, had ended his life, she had pined for him.

After eight years or living in close proximity to his victim, some form of intimacy undoubtedly occurred including a sexual one. This led to a mutual need and even dependence. It is likely that the “learned helplessness” of the victim succumbed eventually a caring, perhaps even loving relationship developing. It is also likely that the psychological explanation is that attribution, helplessness and depression in the victim for the loss of her parents quickly gave way to seeking to make the best of her situation while under the total domination of her captor.

Again the same scenario occurs in the case of parental alienation where the power of the dominant custodial parent programmes the child/children to eschew or marginalise the absent parent. That absent parent no longer appears to be important and is even likely to be viewed as damaging to the child’s survival.

Psychological Services.

A woman admits lying about domestic violence to jail her husband for 10 months. // Current

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Custody for Mothers, Child Support, Children and Domestic Violence, Civil Rights, deadbeat dads, Divorce, Domestic Relations, Domestic Violence, False Allegations of Domestic Violence, family court, Family Court Reform, Family Rights, parental alienation, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment on January 10, 2010 at 6:55 pm

A woman on Dr. Phil show admits lying about domestic violence to jail her husband for 10 months.

http://www.drphil.com/videos/?Url=/house/flv/8041_1.flv&background=header_drphil_video.jpg

A woman admits lying about domestic violence to jail her husband for 10 months. // Current.

http://current.com/items/91870358_a-woman-admits-lying-about-domestic-violence-to-jail-her-husband-for-10-months.htm

Feminist Gulag: No Prosecution Necessary

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Custody for fathers, Child Support, Children and Domestic Violence, children legal status, Civil Rights, CPS, cps fraud, custody, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, False Allegations of Domestic Violence, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Feminism, Fit Parent, Foster CAre Abuse, Foster Care Scam, Non-custodial fathers, parental alienation, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Parentectomy, Parents rights, Restraining Orders on January 9, 2010 at 4:50 pm
Feminist Gulag: No Prosecution Necessary | Print | E-mail
Written by Stephen Baskerville
Thursday, 07 January 2010 00:00
//

proseutionLiberals rightly criticize America’s high rate of incarceration. Claiming to be the freest country on Earth, the United States incarcerates a larger percentage of its population than Iran or Syria. Over two million people, or nearly one in 50 adults, excluding the elderly, are incarcerated, the highest proportion in the world. Some seven million Americans, or 3.2 percent, are under penal supervision.

Many are likely to be innocent. In The Tyranny of Good Intentions (2000), Paul Craig Roberts and Lawrence Stratton document how due process protections are routinely ignored, grand juries are neutered, frivolous prosecutions abound, and jury trials are increasingly rare. More recently, in Three Felonies a Day: How the Feds Target the Innocent (2009), Harvey Silverglate shows how federal prosecutors are criminalizing more and more of the population. “Innocence projects” — projects of “a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing” — attest that people are railroaded into prison. As we will see, incarcerations without trial are now routine.

The U.S. prison population has risen dramatically in the last four decades. Ideologically, the rise is invariably attributed to “law-and-order” conservatives, who indeed seldom deny their own role (or indifference). In fact, few conservatives understand what they are defending.

Conservatives who rightly decry “judicial activism” in civil law are often blind to the connected perversion of criminal justice. While a politicized judiciary does free the guilty, it also criminalizes the -innocent.

But traditionalists upholding law and order were not an innovation of the 1970s. A newer and more militant force helped create the “carceral state.” In The Prison and the Gallows (2006), feminist scholar Marie Gottschalk points out that traditional conservatives were not the prime instigators, and blames “interest groups and social movements not usually associated with penal conservatism.” Yet she names only one: “the women’s movement.”

While America’s criminalization may have a number of contributing causes, it coincides precisely with the rise of organized feminism. “The women’s movement became a vanguard of conservative law-and-order politics,” Gottschalk writes. “Women’s organizations played a central role in the consolidation of this conservative victims’ rights movement that emerged in the 1970s.”

Gottschalk then twists her counterintuitive finding to condemn “conservatives” for the influx, portraying feminists as passive victims without responsibility. “Feminists prosecuting the war on rape and domestic violence” were somehow “captured and co-opted by the law-and-order agenda of politicians, state officials, and conservative groups.” Yet nothing indicates that feminists offered the slightest resistance to this political abduction.

Feminists, despite Gottschalk’s muted admission of guilt, did lead the charge toward wholesale incarceration. Feminist ideology has radicalized criminal justice and eroded centuries-old constitutional protections: New crimes have been created; old crimes have been redefined politically; the distinction between crime and private behavior has been erased; the presumption of innocence has been eliminated; false accusations go unpunished; patently innocent people are jailed without trial. “The new feminist jurisprudence hammers away at some of the most basic foundations of our criminal law system,” Michael Weiss and Cathy Young write in a Cato Institute paper. “Chief among them is the presumption that the accused is innocent until proven guilty.”

Feminists and other sexual radicals have even managed to influence the law to target conservative groups themselves. Racketeering statutes are marshaled to punish non-violent abortion demonstrators, and “hate crimes” laws attempt to silence critics of the homosexual agenda. Both are supported by “civil liberties” groups. And these are only the most notorious; there are others.

Feminists have been the most authoritarian pressure group throughout much of American history. “It is striking what an uncritical stance earlier women reformers took toward the state,” Gottschalk observes. “They have played central roles in … uncritically pushing for more enhanced policing powers.”

What Gottschalk is describing is feminism’s version of Stalinism: the process whereby radical movements commandeer the instruments of state repression as they trade ideological purity for power.

Path to Prison
The first politicized crime was rape. Suffragettes advocated castrating rapists. Elizabeth Cady Stanton and Susan B. Anthony, who opposed it for everyone else, wanted rapists executed.

Aggressive feminist lobbying in the legislatures and courts since the 1970s redefined rape to make it indistinguishable from consensual sex. Over time, a woman no longer had to prove that she was forced to have non-consensual sex, but a man had to prove that sex was consensual (or prove that no sex had, in fact, happened). Non-consent was gradually eliminated as a definition, and consent became simply a mitigating factor for the defense. By 1989, the Washington State Supreme Court openly shifted the burden of proving consent to the defendant when it argued that the removal of legislative language requiring non-consent for rape “evidences legislative intent to shift the burden of proof on the issue to the defense” and approved this blatantly unconstitutional presumption of guilt. The result, write Weiss and Young, was not “to jail more violent rapists — lack of consent is easy enough for the state to prove in those cases — but to make it easier to send someone to jail for failing to get an explicit nod of consent from an apparently willing partner before engaging in sex.”

Men accused of rape today enjoy few safeguards. “People can be charged with virtually no evidence,” says Boston former sex-crimes prosecutor Rikki Klieman. “If a female comes in and says she was sexually assaulted, then on her word alone, with nothing else — and I mean nothing else, no investigation — the police will go out and arrest someone.”

Almost daily we see men released after decades in prison because DNA testing proves they were wrongly convicted. Yet the rape industry is so powerful that proof of innocence is no protection. “A defendant who can absolutely prove his innocence … can nonetheless still be convicted, based solely on the word of the accuser,” write Stuart Taylor and K.C. Johnson in Until Proven Innocent. In North Carolina, simply “naming the person accused” along with the time and place “will support a verdict of guilty.” Crime laboratories are notorious for falsifying results to obtain convictions.

The feminist dogma that “women never lie” goes largely unchallenged. “Any honest veteran sex assault investigator will tell you that rape is one of the most falsely reported crimes,” says Craig Silverman, a former Colorado prosecutor known for zealous prosecutions. Purdue University sociologist Eugene Kanin found that “41% of the total disposed rape cases were officially declared false” during a nine-year period, “that is, by the complainant’s admission that no rape had occurred.” Kanin discovered three functions of false accusations: “providing an alibi, seeking revenge, and obtaining sympathy and attention.” The Center for Military Readiness (CMR) adds that “false rape accusations also have been filed to extort money from celebrities, to gain sole custody of children in divorce cases, and even to escape military deployments to war zones.”

In the infamous Duke University lacrosse case, prosecutor Michael Nifong suppressed exculpating evidence and prosecuted men he knew to be innocent, according to Taylor and Johnson. Nifong himself was eventually disbarred, but he had willing accomplices among assistant prosecutors, police, crime lab technicians, judges, the bar, and the media. “Innocent men are arrested and even imprisoned as a result of bogus claims,” writes Linda Fairstein, former head of the sex-crimes unit for the Manhattan District Attorney, who estimates that half of all reports are unfounded.

Innocence projects are almost wholly occupied with rape cases (though they try to disguise this fact). Yet no systematic investigation has been undertaken by the media or civil libertarians into why so many innocent citizens are so easily incarcerated on fabricated allegations. The exoneration of the Duke students on obviously trumped-up charges triggered few investigations — and no official ones — to determine how widespread such rigged justice is against those unable to garner media attention.

The world of rape accusations displays features similar to other feminist gender crimes: media invective against the accused, government-paid “victim advocates” to secure convictions, intimidation of anyone who defends the accused. “Nobody dependent on the mainstream media for information about rape would have any idea how frequent false claims are,” write Taylor and Johnson. “Most journalists simply ignore evidence contradicting the feminist line.” What they observe of rape characterizes feminist justice generally: “calling a rape complainant ‘the victim’ — with no ‘alleged’.” “Unnamed complainants are labeled ‘victims’ even before legal proceedings determine that a crime has been committed,” according to CMR.

Rape hysteria, false accusations, and distorted scholarship are rampant on university campuses, which ostensibly exist to pursue truth. “If a woman did falsely accuse a man of rape,” opines one “women’s studies” graduate, “she may have had reasons to. Maybe she wasn’t raped, but he clearly violated her in some way.” This mentality pervades feminist jurisprudence, precluding innocence by obliterating the distinction between crime and hurt feelings. A Vassar College assistant dean believes false accusations foster men’s education: “I think it ideally initiates a process of self-exploration.… ‘If I didn’t violate her, could I have?’”

Conservative critics of the Duke fiasco avoided feminism’s role but instead emphasized race — a minor feature of the case but a safer one to criticize. Little evidence indicates that white people are being systematically incarcerated on fabricated accusations of non-existent crimes against blacks. This is precisely what is happening to men, both white and black, accused of rape and other “gender” crimes that feminists have turned into a political agenda.

The Kobe Bryant case demonstrates that a black man accused by a white woman is also vulnerable. Historically, this was the more common pattern. Our race-conscious society is conditioned to remember lynching as a racial atrocity, forgetting that the lynched were usually black men accused by white women. Feminist scholars spin this as “the dominant white male ideology behind lynching … that white womanhood was in need of protection against black men,” suggesting fantastically that white “patriarchy” used rape accusations to break up a progressive political romance developing between black men and white women. With false rape accusations, the races have changed, but the sexes have remained constant.

Violent Lies
“Domestic violence” is an even more purely political crime. “The battered-women’s movement turned out to be even more vulnerable to being co-opted by the state and conservative penal forces,” writes Gottschalk, again with contortion. Domestic violence groups are uniformly feminist, not “conservative,” though here too conservatives have enabled feminists to exchange principles for power.

Like rape, domestic “violence” is defined so loosely that it need not be violent. The U.S. Justice Department definition includes “extreme jealousy and possessiveness” and “name calling and constant criticizing.” For such “crimes” men are jailed with no trial. In fact, the very category of “domestic” violence was developed largely to circumvent due process requirements of conventional assault statutes. A study published in Criminology and Public Policy found that no one accused of domestic violence could be found innocent, since every arrestee received punishment.

Here, too, false accusations are rewarded. “Women lie every day,” attests Ottawa Judge Dianne Nicholas. “Every day women in court say, ‘I made it up. I’m lying. It didn’t happen’ — and they’re not charged.” Amazingly, bar associations sponsor seminars instructing women how to fabricate accusations. Thomas Kiernan, writing in the New Jersey Law Journal, expressed his astonishment at “the number of women attending the seminars who smugly — indeed boastfully — announced that they had already sworn out false or grossly exaggerated domestic violence complaints against their hapless husbands, and that the device worked!” He added, “The lawyer-lecturers invariably congratulated the self-confessed miscreants.”

Domestic violence has become “a backwater of tautological pseudo-theory,” write Donald Dutton and Kenneth Corvo in Aggression and Violent Behavior. “No other area of established social welfare, criminal justice, public health, or behavioral intervention has such weak evidence in support of mandated practice.” Scholars and practitioners have repeatedly documented how “allegations of abuse are now used for tactical advantage” in custody cases and “become part of the gamesmanship of divorce.” Domestic abuse has become “an area of law mired in intellectual dishonesty and injustice,” according to the Rutgers Law Review.

Restraining orders removing men from their homes and children are summarily issued without any evidence. Due process protections are so routinely ignored that, the New Jersey Law Journal reports, one judge told his colleagues, “Your job is not to become concerned about the constitutional rights of the man that you’re violating.” Attorney David Heleniak calls New Jersey’s statute “a due process fiasco” in the Rutgers Law Review. New Jersey court literature openly acknowledges that due process is ignored because it “perpetuates the cycle of power and control whereby the [alleged?] perpetrator remains the one with the power and the [alleged?] victim remains powerless.” Omitting “alleged” is standard even in statutes, where, the Massachusetts Lawyers Weekly reports, “the mere allegation of domestic abuse … may shift the burden of proof to the defendant.”

Special “integrated domestic violence courts” presume guilt and then, says New York’s openly feminist chief judge, “make batterers and abusers take responsibility for their actions.” They can seize property, including homes, without the accused being convicted or even formally charged or present to defend himself. Lawyer Walter Fox describes these courts as “pre-fascist”: “Domestic violence courts … are designed to get around the protections of the criminal code. The burden of proof is reduced or removed, and there’s no presumption of innocence.”

Forced confessions are widespread. Pennsylvania men are incarcerated unless they sign forms stating, “I have physically and emotionally battered my partner.” The man must then describe the violence, even if he insists he committed none. “I am responsible for the violence I used,” the forms declare. “My behavior was not provoked.”

Child-support Chokehold
Equally feminist is the child-support machinery, whereby millions have their family finances plundered and their lives placed under penal supervision without having committed any legal infraction. Once they have nothing left to loot, they too are incarcerated without trial.

Contrary to government propaganda (and Common Law tradition), child support today has little to do with fathers abandoning their children, deserting their marriages, or even agreeing to a divorce. It is automatically assessed on all non-custodial parents, even those involuntarily divorced without grounds (“no-fault”). It is an entitlement for all divorcing mothers, regardless of their actions, and coerced from fathers, regardless of their fidelity. The “deadbeat dad” is far less likely to be a man who abandoned the offspring he callously sired than to be a loving father who has been, as attorney Jed Abraham writes in From Courtship to Courtroom, “forced to finance the filching of his own children.”

Federalized enforcement was rationalized to reimburse taxpayers for welfare. Under feminist pressure, taxpayers instead subsidize middle-class divorce, through federal payments to states based on the amount of child support they collect. By profiting off child support at federal taxpayer expense, state governments have a financial incentive to encourage as many single-mother homes as possible. They, in turn, encourage divorce with a guaranteed, tax-free windfall to any divorcing mother.

While child support (like divorce itself) is awarded ostensibly without reference to “fault,” nonpayment brings swift and severe punishments. “The advocates of ever-more-aggressive measures for collecting child support,” writes Bryce Christensen of Southern Utah University, “have moved us a dangerous step closer to a police state.” Abraham calls the machinery “Orwellian”: “The government commands … a veritable gulag, complete with sophisticated surveillance and compliance capabilities such as computer-based tracing, license revocation, asset confiscation, and incarceration.”

Here, too, “the burden of proof may be shifted to the defendant,” according to the National Conference of State Legislatures. Like Kafka’s Joseph K., the “defendant” may not even know the charge against him, “if the court does not explicitly clarify the charge facing the [allegedly?] delinquent parent,” says NCSL. Further, “not all child support contempt proceedings classified as criminal are entitled to a jury trial,” and “even indigent obligors are not necessarily entitled to a lawyer.” Thus defendants must prove their innocence against unspecified accusations, without counsel, and without a jury.

Assembly-line hearings can last 30 seconds to two minutes, during which parents are sentenced to months or years in prison. Many receive no hearing but are accused in an “expedited judicial process” before a black-robed lawyer known as a “judge surrogate.” Because these officials require no legislative confirmation, they are not accountable to citizens or their representatives. Unlike true judges, they may lobby to create the same laws they adjudicate, violating the separation of powers. Often they are political activists in robes. One surrogate judge, reports the Telegraph of Hudson, New Hampshire, simultaneously worked “as a radical feminist lobbying on proposed legislation” dealing with child support.

Though governments sensationalize “roundups” of alleged “deadbeat dads,” who are jailed for months and even years without trial, no government information whatever is available on incarcerations. The Bureau of Justice Statistics is utterly silent on child-support incarcerations. Rebecca May of the Center for Family Policy and Practice found “ample testimony by low-income non-custodial parents of spending time in jail for the nonpayment of child support.” Yet she could find no documentation of their incarceration. Government literature “yields so little information on it that one might be led to believe that arrests were used rarely if at all. While May personally witnessed fathers sentenced in St. Louis, “We could find no explicit documentation of arrests in St. Louis.” In Illinois, “We observed courtrooms in which fathers appeared before the judge who were serving jail sentences for nonpayment, but little information was available on arrests in Illinois.”

We know the arrests are extensive. To relieve jail overcrowding in Georgia, a sheriff and judge proposed creating detention camps specifically for “deadbeat dads.” The Pittsburgh City Planning Commission has considered a proposal “to convert a former chemical processing plant … into a detention center” for “deadbeat dads.”

Rendered permanently in debt by incarceration, fathers are farmed out to trash companies and similar concerns, where they work 14-16 hour days with their earnings confiscated.

More Malicious Mayhem
Other incarcerations are also attributable to feminism. The vast preponderance of actual violent crime and substance abuse proceeds from single-parent homes and fatherless children more than any other factor, far surpassing race and poverty. The explosion of single parenthood is usually and resignedly blamed on paternal abandonment, with the only remedy being ever-more draconian but ineffective child-support “crackdowns.” Yet no evidence indicates that the proliferation of single-parent homes results from absconding fathers. If instead we accept that single motherhood is precisely what feminists say it is — the deliberate choice of their sexual revolution — it is then apparent that sexual liberation lies behind not only these newfangled sexual crimes, but also the larger trend of actual crime and incarceration. Feminism is driving both the criminalization of the innocent and the criminality of the guilty.

We will continue to fight a losing battle against crime, incarceration, and expansive government power until we confront the sexual ideology that is driving not only family breakdown and the ensuing social anomie, but the criminalization of the male population. Ever-more-repressive penal measures will only further erode freedom. Under a leftist regime, conservatives must rethink their approach to crime and punishment and their unwitting collusion with America’s homegrown Stalinists.

Stephen Baskerville is associate professor of government at Patrick Henry College and author of Taken Into Custody: The War Against Fathers, Marriage, and the Family.

Feminist Gulag: No Prosecution Necessary.

Communicationhelper: After divorce fathers excluded from families

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Custody for fathers, Childrens Rights, Civil Rights, Divorce, Domestic Relations, Domestic Violence, Family Court Reform, Family Rights, fatherlessness, fathers rights, Marriage, Non-custodial fathers, parental alienation, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, parental rights, Parents rights, Restraining Orders on January 8, 2010 at 3:45 pm

After divorce, fathers too often excluded from parenting
By Jason Aulicino

Appeared in print: Wednesday, Dec 30, 2009

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According to the Strengthening Families Act of 2003,

“Nearly 24 million children in the United States, or 34 percent of all such children, live apart from their biological father.

Forty percent of children who live in households without a father have not seen their father in at least one year.

And 50 percent of such children have never visited their father’s home.”

The Census Bureau, in 2006, found that five of every six custodial parents are mothers (83.8 percent). One in six are fathers (16.2 percent), and 37.9 percent of fathers have no access or visitation rights.

Simplified, the result of divorce for the majority of children is a fatherless home.

If you are divorced and are the noncustodial parent, then you probably have experienced first-hand the inequity that exists in divorce and child custody cases. Restrictive visitation rules — or parenting plans, as they are now called — often accompany sole custody awards regardless of circumstance. Many status quo parenting plans are not based on a presumption of shared parenting, nor do they promote a father’s presence in a child’s life after divorce.

A meta-analysis of 33 studies found that “Children living in joint physical custody arrangements had better emotional, behavioral and general adjustment on multiple objective measures, and better academic achievement, when compared to children living in the sole physical custody of mothers.”

Additionally, for parents, and more commonly fathers, who are noncustodial parents and want to have a close, loving, supportive and active role in their children’s lives, a mother’s sole custodial award results in a near impossible visitation schedule and a set of circumstances keeping them from being anything other than a mere “visitor” to their children.

In a majority of cases, sole custody can hardly be justified as promoting the “best interest of the child.”

The conditions for noncustodial parents are deplorable, marginalizing, and often create circumstances that push them out of their children’s lives, creating a preponderance of fatherless homes. In addition, economic hardships, an inability to see the children regularly due to restrictive parenting plans, and the sole custodian’s intentional interference create an unequal balance in the children’s lives. Statistics clearly show the result is the noncustodial parent’s difficulty in maintaining a close relationship with the child.

A national study found that 77 percent of noncustodial fathers are not able to visit their children, as ordered by the court, due to “visitation interference” perpetuated by the custodial parent.

Two other peer-reviewed studies indicate that 40 percent of mothers reported that they had interfered with the noncustodial father’s visitation on at least one occasion to punish the ex-spouse. And approximately 50 percent of mothers see no value in the father’s continued contact with his children.

Because it is true that sole custody is overwhelmingly awarded to the mother, a father must often take a plea-bargain approach to gain substantial parenting time and avoid a restrictive status quo visitation plan. Often fathers must willingly forfeit custody through an out-of-court settlement, even when they believe it is not in the best interest of their children, in order to avoid a worse ruling by the court. This is happening to loving, able and willing fathers who would otherwise be spending time with their children.

If the United States wants fathers to be more involved in their children’s lives, then 24 million children’s living circumstances cannot be ignored.

In addition to promoting a father’s involvement, legal policy must be altered to encourage shared parenting. Only when the laws protect a father’s relationship with his children will society begin to accept that fathers are equally capable of raising a child. Then, and only then, a father will have no need to “win” sole custody of his children to protect his relationship with them.

If a sole custody presumption promotes a father’s presence, then it fails, and it fails big time. We absolutely do not want to promote an impression that a father’s financial obligations through child support are more important for the child’s welfare than the actual contact a child has with that parent.

It is undeniably in the child’s best interest to have both parents raise, provide for, and have the ability to make decisions regarding the upbringing of a child, if they are considered fit to do so.

Perhaps now it is time for a shared-parenting standard to become law rather than just a social movement. Today, millions of children in the United States depend on it.

Jason Aulicino of Eugene (DivorcedChildrensRights@gmail.com), a father and an advocate for divorced children’s rights, is a graduate student in Conflict and Dispute Resolution at the University of Oregon School of Law.

Thanks to Peter Hill for posting this here:
Communicationhelper: After divorce fathers excluded from families.

Fathers Gaining Ground in Custody Disputes

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Custody for fathers, Child Support, Children and Domestic Violence, children's behaviour, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, False Allegations of Domestic Violence, Family Court Reform, Family Rights, fatherlessness, Marriage, Non-custodial fathers, parental alienation, Parental Alienation Syndrome, Parents rights, Restraining Orders on January 7, 2010 at 6:38 pm

Fathers Gaining Ground in Custody Disputes

There is a new trend in the courts when determining child custody matters. This trend is seen in Florida’s new parenting law, which includes new factors for the courts to consider.
January 07, 2010
/24-7PressRelease/Fathers Gaining Ground in Custody Disputes

Nationwide, child custody laws have traditionally favored the mother. However, there seems to be a new trend in the courts towards considering several factors and taking a more balanced approach when determining child custody. This national trend is seen in the recent Florida parenting law, effective October 1, 2008, concerning child custody. The new law effectively abolishes standard primary custody procedure and nomenclature in favor of a more holistic approach to residential custody. This new progressive system includes elements such as a Parenting Plan, which outlines a parental time-sharing schedule, as opposed to the previous practice of designating one parent the “primary residential custodian” or “custodial parent,” and giving the other parent visitation. The Parenting Plan also typically gives each parent equal rights to participate in and consult regarding decision-making about the child’s upbringing, and further specifies by what means and how frequently the parents will communicate with one another to discuss child-related issues.

Reason for the New Trend
The new methods advocated by the Florida legislature seem to be part of an increasing trend in the law to make parties in a dispute more accountable for the end result rather than having a decision made for and forced upon them. It is a plea for a more gender neutral custody system in the law. Child custody decisions are generally difficult to dispute or modify. For this reason, supporters are looking to affect change by altering the statutes that govern initial child custody determinatons in divorces. Many believe that the new laws center on (or at least result in) providing fathers more legal rights after a divorce than previously afforded.

Child Custody Reform
Such laws are garnering force in many other states as well. Georgia implemented a law in 2008 that is similar to the Florida law, which requires a Parenting Plan. While a small percentage of custody battles lead to litigation, judges are taking a more generally neutral and balanced look at which parent will be better suited to optimize the child’s well-being. This is reflected not only in changing gender roles as time wears on, but also an understanding that the father has the same ability to raise a child as the mother. Nationally, around 85 percent of primary custody awards are given to the mother, and many groups are advocating changes to this presumption, which many have considered largely gender-biased or based on outdated sterotypes. However, there are those who argue that splitting time between parents, vis-a-vis equal time-sharing, could have detrimental effects as well due to the implication of a potentially unstable residential situation for the child.

Regardless of what happens, there is little doubt that child custody battles are becoming more common for men who want to have a say in how their children will be raised. This also will have an effect on the child support equation and which parent ultimately pays/receives child support. While the laws surrounding divorce custody issues are changing generally toward increased equality, the treatment of delinquent parents will not. If you have a question regarding the child custody laws in your state, it is important to speak with a family law attorney to learn more about your legal rights and options.

Article provided by Lewert Law Offices, P.A.
Visit us at www.lewertlaw.com


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Press Release – Fathers Gaining Ground in Custody Disputes.