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NH Supreme Court: Parental Alienation Inimical to Child’s Best Interests « Fathers & Families

In Best Interest of the Child, Brainwashed Children, Child Custody, Childrens Rights, Civil Rights, Divorce, Domestic Relations, Family Court Reform, Family Rights, parental alienation, Parental Alienation Disorder, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, Parents rights on April 4, 2011 at 8:20 pm

NH Supreme Court: Parental Alienation Inimical to Child’s Best Interests

April 4th, 2011 by Robert Franklin, Esq.

This case is excellent, not only because of its result, but mostly because of its sound analysis.  It should serve as a template for courts not only here in the U.S. but in other countries as well.

It comes to us from the Supreme Court of New Hampshire and analyzes a situation in which false allegations of child sexual abuse were used by a mother to deprive a father of contact with his children.  It’s a familiar pattern of facts and altogether too rare an outcome.

In 1999, James Miller met Janet Todd online.  They developed a relationship and, although they never married, had two daughters.  Laurel was born in 2002 and Lindsey in 2003.  Ultimately, a New Hampshire court awarded joint custody with Todd as primary custodian and Miller with visitation rights.

But early on, Todd’s mother claimed she had seen Miller sexually abusing Laurel.  Thus began a long series of allegations of child sexual abuse against Miller.  They were still going on as late as March, 2009, some five years after the first one.

Each and every claim was investigated; each and every claim was determined to be unfounded.  As part of the investigations, the girls were subjected to invasive pelvic examinations at least twice each.

False though the allegations were, they served a purpose; they caused the New Hampshire family court to suspend Miller’s parenting time with his children throughout the course of the proceedings.  That meant that, for over two years, he had no contact with his daughters and they none with him.

Eventually, in July, 2006, the court ordered psychologist Dr. Peggie Ward to thoroughly examine Miller, Todd, the girls and the family situation to determine issues of custody, alienation, sexual abuse, etc.  It took Ward 17 months to produce her 88-page report which the court found to be “extraordinarily thorough.”

What Ward concluded was that there was no reliable evidence of sexual abuse by Miller.  She also concluded that Todd had probably not set out to deliberately alienate the girls from their father; that probably originated with Todd’s mother.  The problem stemmed not only from the various claims of abuse, but from Todd’s almost total inability to accurately process everyday occurrences.

[p]sychological testing shows that Ms. Todd has a “serious
impairment in her ability to accurately process the information she takes in from her surroundings and the degree of misperception she demonstrates has major implications for her adaptive functioning. Ms. Todd’s level of distortion is substantial and predisposes her to misunderstanding and misconstruing intentions, motivations and actions of other people. This places her at great risk for faulty judgment, for errors in decision-making, and for behaving in ways that are based on inaccurate information.  These data indicate that Ms. Todd will not only fail to recognize or foresee the consequences of her actions at times, but that she will also become confused at times in separating fantasy from reality.”

In other words, Todd was unable to sort out false allegations from real ones.  Into the bargain, Todd failed to protect her daughters from her own feelings and fears about what she thought may be happening, thereby perpetuating the girls’ own confusion about the nature of what daddy had or had not done.

So, given years of false allegations against Miller and the manifest inability by Todd to (a) distinguish fantasy from reality and (b) promote a healthy relationship between Miller and his daughters, the trial court did what so many of them do; it gave custody to the children’s mother.

That violated New Hampshire law which requires parents to promote positive relationships between the opposite parent and the children.  It also ignored the rather startling fact that Todd’s emotional problems posed obvious risks for any child in her care.

So why did the court give her custody?  Because the kids had been with her for several years during which time they’d had no contact with Miller.  They’d developed friendships at school and so, according to the court, their “best interests” required them to see little or nothing of their father, depending on the decisions of their clearly unbalanced mother.

If that makes sense to you, please explain it to me.

The New Hampshire Supreme Court squashed that one like a bug.  Its opinion grasps what so many courts do not – that continuing, deep and rich relationships with both parents are in the child’s best interests.  The mother’s obstruction of  such relationships between the children and the father is per se not in their best interests.

Why that should be so difficult to understand is beyond me.  The statutes of New Hampshire make it clear as do the statutes and courts of other jurisdictions.  The court said:

“Across the country, the great weight of authority holds that conduct by one parent that tends to alienate the child’s affections from the other is so inimical to the child’s welfare as to be grounds for a denial of custody to, or a change of custody from, the parent guilty of such conduct.”

And yet time and again, courts ignore statute and case law and look only at the fact that the child has been separate from the father for a certain period of time.  They then conclude that the he cannot have future contact or that it must be limited, without ever noticing how his lack of contact came about.

The New Hampshire court specifically objected to the concept that Todd had “benefitted from her own misbehavior.”  That’s a concept I’ve waited many years to hear a court articulate.  For as long as I’ve been a student and advocate of fathers’ rights, I’ve been astonished at courts’ willingness to ignore mothers’ wrongdoing in order to grant them custody.  That happens as a matter of routine in adoption cases.

What Miller v. Todd does is to show that the requirement on the part of each parent to promote the child’s relationship with the other parent is necessary and beneficial to the child.  It also shows that courts will not reward the alienating behavior of parents.

And that, in a nutshell, is how courts should rule in these cases.  They should make it clear that false allegations of abuse are not acceptable and that they will not be used to benefit the alienating parent.

It’s a simple concept that more courts need to grasp.

Thanks to Timothy for the heads-up.

NH Supreme Court: Parental Alienation Inimical to Child’s Best Interests « Fathers & Families.

http://www.fathersandfamilies.org/?p=14489

 

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US Congress close to a vote on H. Res. 1326, condemning Japan for Parental Child Abduction

In Activism, Best Interest of the Child, Childrens Rights, Civil Rights, Divorce, Domestic Relations, Family Court Reform, Family Rights, Liberty, Marriage, parental alienation, Parental Alienation Disorder, Parental Alienation Disorders, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parents rights on September 28, 2010 at 6:29 pm

US Congress close to a vote on H. Res. 1326, condemning Japan for Parental Child Abduction

Bring Abducted Children Home began a 3 day push to bring a vote on House Resolution 1326, to the House floor before Congress recesses for further campaigning on October 1, 2010. H. Res. 1326 condemns Japan for allowing parents to kidnap children.
Log (Press Release)Sep 24, 2010 – WASHINGTON – Several Left-Behind Parents of Bring Abducted Children Home (BACHome), began a 3 day push to bring a vote on House Resolution 1326 to the House floor before Congress recesses for further campaigning on October 1, 2010.

H. Res. 1326 condemns Japan over its blatant disregard for human rights in the matter of parnatally abducted children.  Since 1994, three-hundred United States citizens have been abducted to Japan from the United States.  Japan has sanctioned the abductions and refused to recognize United States sovereignty over the abducted children.

Douglas Berg, a left behind parent stated, “Passing this Resolution is just one of many steps needed to put pressure on Japan to take this issue seriously. We will not give up since we are our kids”.

The United States is not alone in attempting to prevent this crime of the innocents.  Earlier this year, the United States Ambassador to Japan, along with the Deputy Head of Mission from the Embassy of Australia and ambassadors from Canada, France, Italy, New Zealand, Spain and the United Kingdom called upon Justice Minister Chiba, to address their concerns over the blatant disregard of children abducted from their countries to Japan illegally.

As of this date, 80 countries and all of the G7 nations, except Japan, are signers to The 1980 Hague Convention, on the Civil Aspects of International Child Abduction. The Hague Convention was created to protect children specifically from this type of crime and injustice.

However, Japan has sanctioned and turned a blind eye to the abduction of American born and raised children. The Constitutional rights, human rights and dignity of these illegally abducted children have been stripped away by Japan.

Randy Collins, a Left-Behind Parent from California stated, “It is time for Congress to hold Japan accountable. H. Res. 1326 is the first step towards publicly putting Japan on notice that we have had enough and demand our American children be returned”.

Congressional representatives James Moran (D-VA) and Chris Smith (R-NJ), have rallied under the flag of bi-partisan support to see H. Res. 1326 come to full House vote.

Twenty-five co-sponsors are needed to move H. Res. 1326 to a full vote on the floor of the House, ten of which must come from the House Foreign Affairs Committee. Thirty-three co-sponsors have been secured to support this landmark Resolution.

BACHome members spent the past four months working to secure approximately twenty-nine of the thirty-five co-sponsors needed to have H. Res. 1326 scheduled into the 2010 Congress calendar.

This Resolution has clear bipartisan support. Eighteen Republicans and seventeen Democrats have co-sponsored the Resolution. Of those needed in Foreign affairs, there are five Republicans and seven Democrats co-sponsoring H. Res. 1326.

Lending support, Ernie Allen, President and CEO of the National Center for the Missing and Exploited Children (NCMEC), was in attendance for the May 5, 2010, introduction of H. Res 1326.

With only 2 weeks left before Congress shuts down in preparation for the mid-term elections, BACHome hopes H. Res. 1326 will have a full House vote before October 1, 2010.

At the moment, thirty-five Congressional representatives and BACHome wait for US House Foreign Affairs Committee Chairman, Howard Berman (D-CA), to place H. Res. 1326 on the calendar for a House full vote.

Captain William Lake, another left-behind parent of an abducted child stated, “The Department of State can no longer coop the citizenship of these American children. They must demand and not ask for the return of these young precious American citizens”.

Ken Connelly, former domestically abducted child and child rights advocate stated, “Parental child abduction should never be a plausible excuse between nation states; at the price of our children’s physical and mental well being”.

If H. Res. 1326 does not come to vote before October 1, 2010, it will be forced to move into the next 2011 Congress and it could take months to start the process again”.

Ken Connelly
BACHome
PO Box 16254
Arlington, VA
22215


# # #

BACHome (Bring Abducted Children Home) is an organization set up to bring awareness to Internationally abducted children, assist in the recovery of children abducted internationally, and end parental alienation.

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US Congress close to a vote on H. Res. 1326, condemning Japan for Parental Child Abduction.

Recognizing Parental Alienation Disorder in the DSM V – The Time Is Now

In Best Interest of the Child, Child Custody, Childrens Rights, Civil Rights, Divorce, Domestic Relations, Family Court Reform, Family Rights, parental alienation, Parental Alienation Disorder, Parental Alienation Syndrome, Parental Relocation, Parental Rights Amendment, Parents rights on September 2, 2010 at 5:41 pm

September 2nd, 2010 by Terry Kee

Imagine a nightmare scenario where your children hate you. They tell you repeatedly that they hate you; and worse, their actions leave no doubt that they hate you. Moreover, their hatred doesn’t stop with you; it extends to everyone close to you – including your parents – their grandparents – and even to your pets. Imagine that your children do not refer to you with terms of endearment such as “mom” or “dad” – but with your first name or with horrible vulgarities. Imagine being locked out of your house, having the woodwork in your house gouged, the walls defaced, and having your heirlooms destroyed, all the while your child laughs at you, a taunting maniacal laugh, as the dirty deeds are done. Imagine finding snack foods or cereal strewn about the house, or juice in puddles on the floor. Imagine being kicked in the head as you drive. Imagine, if you can, that your child hates you so much that he or she laces your toothbrush with excrement.

Imagine not being able to have dinner with your children because they refuse to eat anything you cook for them. Imagine not being able to go to a restaurant with your children, because they will move to another table rather than sit with you. Imagine not being able to talk to your children at all. In the house, they will turn away or shut themselves in their room. In the car, they will respond to you with vulgarity and contempt. If they ever do attempt to communicate, they will tell you how much they hate you and how perfect the other parent is in their eyes – while you are your children’s number one enemy, your ex-spouse is considered infallible and beyond reproach.

Imagine that these children who hate you are not teenagers, but just 10 years old. Now stop imagining. Welcome to the hellish world of an alienated parent whose children are affected by Parental Alienation Syndrome.

As a father who has been targeted by a vindictive and malicious ex, to the point where my children refuse to see me or their grandparents, I am oftentimes annoyed to hear psychologists and psychiatrists who don’t really understand the difference between Parental Alienation and Parental Alienation Syndrome. Consider this recent excerpt from a US News and World Report article, “I really get concerned about spreading the definition of mental illness too wide,” says Elissa Benedek, a child and adolescent psychiatrist in Ann Arbor, Mich., and a past president of the APA. There’s no question in her mind that kids become alienated from a loving parent in many divorces with little or no justification, and she’s seen plenty of kids kick and scream all the way to the car when visitation is enforced. But, she says, “this is not a mentally ill child.” (US News and World Report, Parental Alienation: A Mental Diagnosis? Some experts say the extreme hatred some kids feel toward a parent in a divorce is a mental illness. By Lindsay Lyon, October 29, 2009)

With all due respect to Dr. Benedek, her example scenario provides too little in the way of information to determine if the child in question is in fact merely alienated or is emotionally incapacitated as a direct result of undue and unjust external influences (PAS).

If you have never personally experienced Parental Alienation Syndrome, it is difficult to fathom how a child can become so completely and utterly transformed from a wonderful, caring, loving being to a mean, angry, hateful individual. Here is a firsthand account from one such child, now an adult, “I did everything in my power to make dad happy and destroy my mother… My main mission was to have her suffer for who I thought she was, not for who she was… I thought about her dying and having a party.” Chrissy Chrzanowski, who as a child was programmed to hate her mother. (Chrissy Chrzanowski, live speech at a Michigan rally: http://www.youtube.com/watch?v=3z7gEAnFF84)

Parental Alienation Syndrome is the result of a war having children soldiers. Parental Alienation Syndrome takes a commander-in-chief, foot soldiers and a common enemy. In this case, the commander-in-chief is the alienating parent, the children are the foot soldiers, and the common enemy is the child’s other parent and those closest to him or her. And just like adult soldiers who fight in a campaign of terror, death, and destruction and then end up suffering from Post Traumatic Stress Disorder, so too do children of PAS end up suffering from the horrors of war.

The DSM recognizes Post Traumatic Stress as a disorder, which, like PAS, is environmentally trigged. You are not born with PTSD. It is a condition that is caused by external events – a condition that could in fact, happen to the best of us given the right environment and set of circumstances. Despite the fact that PTSD is not a mental condition that one is born with, such as Down Syndrome or Tourette’s, it is rightly recognized in the DSM as a negative condition that requires treatment, even though it is possible to lessen with time and treatment.

PAS is also a condition that is inflicted by environment and circumstances, and which carries negative long term consequences. Additionally, vindictive parenting behaviors are highly likely to resurface in the next generation – as these children become parents themselves. As Amy J.L. Baker, PhD, a noted PAS expert has written, PAS is a condition that requires time to abate. And frankly, this is time that targeted parents don’t have. PAS children can remain immersed in the delusion well into adulthood and oftentimes require third party intervention – generally from his or her significant other.

Here’s where The American Psychiatric Association, as the gatekeeper of the DSM, and the American Psychology Association, as front line care providers, can do the right thing and help put an end to the emotional abuse of children that PAS presents. They can put an end to an era where children are programmed to hate. They can put an end to the emotional scarring for those children who will forever carry a burden of guilt. PAS is a great injustice and it is becoming more widespread in the absence of professional guidance and remediation. But to do what must be done, the APA must put aside the politics and emotion of the debate.

The recognition of PAS is being held hostage by special interest groups. Domestic Violence Against Women Special Interest Groups (DVAWSIGs) have long argued that PAS is nothing more than a tactic. Consider the following quote, “PAS has been used in countless cases by abusive fathers to gain custody of their children.” This quote was taken from a television documentary titled “Breaking the Silence; Children’s Stories.” It aired on PBS in October of 2005. In fact, “Breaking the Silence” ended up being discredited as a one-sided, poorly conceived infomercial. PBS received 4,000 e-mails on the subject and 3,500 of them were negative. Here’s what the PBS ombudsman, Michael Getler, had to say on the matter after he concluded his investigation, “”…there was no recognition of opposing views on the program. There was a complete absence of some of the fundamental journalistic conventions that, in fact, make a story more powerful and convincing because they, at a minimum, acknowledge that there is another side….I thought this particular program had almost no balance, and went too far, turning it, at least in my mind, into more of an advocacy, or point-of-view presentation.”

This program was then reviewed by the ombudsman for the Corporation for Public Broadcasting, Ken A. Bode, who further noted, “I agree with everything Getler says, to a point. He allows that PBS editorial guidelines for fairness and objectivity were ‘bumped up against and maybe breached,’ but does not assert they were clearly breached. I think it is worse than that. There was no alternative point of view presented in ‘Breaking the Silence’ and the producer admits it was intended to be that way. It might be difficult to find a clearer breach of PBS editorial standards unless one concludes there is only one side to child and spousal abuse issues in the country’s custody cases [emphasis added].” (Breaking the Silence Redux, December 19, 2005, Ken A. Bode. http://www.cpb.org/ombudsmen/display.php?id=12)

Still, DVAWSIGs, ignorantly perhaps, misguided certainly, believe that Parental Alienation Syndrome is a tactic and in conjunction, would be misdiagnosed, therefore robbing an innocent parent of custody. But Parental Alienation Syndrome is such an abomination, having unique indicators, that it is relatively easy to diagnose and, conversely, difficult to misdiagnose. A fully entrenched PAS child harbors unreasonable animosity and hatred towards the targeted parent and, due to the programming, will find it difficult to say anything negative about the non-targeted parent. It is a terrible abuse of power, that “so-called” domestic violence groups oppose recognizing the emotional abuse of children caused by a severe and prolonged campaign of alienation enacted by a malicious and vindictive ex spouse.

The “tactic” argument is ancillary to the question of whether PAS should be recognized as a disorder. False claims of abuse by women against men do not invalidate legitimate cases of abuse; neither should false claims of PAS invalidate legitimate cases of PAS. There are, after all, vindictive and malicious parents who poison their children’s mind against good and loving parents – should these individuals not be held accountable?

The DSM V committee must not be misguided by special interest groups purporting to have a greater cause. There is no greater cause. Society has a duty to its most vulnerable members – its children. PAS children are psychologically damaged. This is a preventable tragedy and children who exhibit Parental Alienation Syndrome require specialized intervention.

To the DSM V committee, I say to you, the time is now.

posted from:  GlennSacks.com » Blog Archive.

Brazilian President signs into Law which Defines and Punishes Parental Alienation – Crumbs: Hot – 27/8/2010

In Best Interest of the Child, Child Custody, Childrens Rights, Civil Rights, Divorce, Domestic Relations, Family Court Reform, Family Rights, parental alienation, Parental Alienation Disorder, Parental Alienation Syndrome, Parents rights on August 31, 2010 at 7:37 pm

Following the Sean Goldman case in Brazil, the Brazilian President, just signed into law, which defines and punishes acts of Parental Alienation in Brazil. I sometimes wonder if our President and Vice President are paying attention to the problems of parents and children in this country? Particularly with regard to the 4-6 million children that are alienated from the other parent?

Law 12 318

Sacionada law that defines and punishes parental alienation

See below for the full law 12.318/10 which provides for parental alienation.

_____________

Law No. 12 318, DE 26 AUGUST 2010

Provides for parental alienation and amending Art. 236 of Law No. 8069 of July 13, 1990.

THE PRESIDENT OF THE REPUBLIC

I know that the Congress decrees and I sanction the following Law:

Article 1 This Law provides for parental alienation.

Section 2 is considered an act of parental alienation interference with psychological training of the child or adolescent promoted or induced by a parent, grandparent or by having the child or adolescent under his authority, custody or supervision so dismissive parent or adversely affecting the establishment or maintenance of ties with it.

Sole Paragraph. Exemplary are forms of parental alienation, and acts as declared by the judge or discovered by expertise, or charged directly with the aid of third parties:

I – opening campaign of disqualification of the parent’s conduct in the exercise of parenthood;

II – hinder the exercise of parental authority;

III – hinder contact with child or teen parent;

IV – to hamper the right of regulated family life;

V – the parent deliberately omit relevant personal information about the child or adolescent, including educational, medical and changes of address;

VI – to present false complaint against parent, family against this or against grandparents, to obstruct or hinder their coping with the child or adolescent;

VII – change the address to the remote site, without justification, in order to hamper the coexistence of the child or adolescent with the other parent, with this family or grandparents.

Article 3 The performance of an act of parental alienation hurts fundamental right of the child or adolescent family life healthier, prevent the implementation of affection in relationships with parent and the family group, is moral abuse against the child or adolescent and noncompliance with duties attached to parental authority or from guardianship or custody.

Article 4 Declared clue act of parental alienation, the application or letter at any time of procedure, or incidentally in autonomous action, the process will have priority processing, and the judge will determine, with urgency, after hearing the prosecutor, the interim measures for maintenance of psychological integrity of the child or adolescent, including to ensure their familiarity with parent or make an effective rapprochement between the two, if any.

Sole Paragraph. It will ensure the child or adolescent and the parent assisted minimum guarantee of visitation, except in cases where there is imminent risk of injury to physical or psychological integrity of the child or adolescent, certified by any professional designated by the judge for monitoring visits .

Article 5 If there is evidence of the practice act of parental alienation in autonomous action or incidental damages, the judge, if necessary, determine biopsychosocial or psychological expertise.

§ 1 The expert report will be based on extensive psychological evaluation or biopsychosocial, as appropriate, including even a personal interview with the parties, examination of documents in the file, the couple’s relationship history, split chronology of incidents, personality assessment involved and the investigation of how the child or adolescent is manifested about possible charges against the parents.

§ 2 The skill will be performed by professional or skilled multidisciplinary team, required in any case, proven by fitness professional or academic history to diagnose acts of parental alienation.

§ 3 The expert or a multidisciplinary team appointed to assess the occurrence of parental alienation will within 90 (ninety) days to submit the report, renewable only by judicial authorization based on detailed justification.

Article 6 Featured typical acts of parental alienation or any conduct that hamper the coexistence of child or adolescent parent, or incidental to autonomous action, the judge may, together or separately, subject to civil or criminal liability arising from and the extensive use of suitable legal instruments to inhibit or mitigate its effects, according to the severity of the case:

I – declare the occurrence of parental alienation and warn the seller;

II – expand the system of family life in favor of the alienated parent;

III – provide fine to seller;

IV – require counseling and / or biopsychosocial;

V – to determine the change of custody to joint custody or its reversal;

VI – to determine the setting of interim home of the child or adolescent;

VII – to declare the suspension of parental authority.

Sole Paragraph. Marked change of address abusive, impracticability or obstruction to family, the court may also reverse the obligation to take or remove the child or teen parent’s residence, during the alternating periods of family life.

Article 7 The allocation or change of custody will be given preference by the parent that enables the effective coexistence of the child or adolescent with the other parent in cases where it is impracticable to custody.

Article 8 The change of domicile of the child or adolescent is irrelevant to the determination of competence related to actions founded on right to family life, unless the result of consensus between the parents or a court decision.

Article 9 (VETOED)

Article 10. (VETOED)

Article 11. This Law shall enter into force upon its publication.

Brasília, August 26, 2010, 189 and 122 of the Independence of the Republic.

Luiz Inacio LULA DA SILVA

Luiz Paulo Teles Ferreira Barreto

Paulo de Tarso Vannuchi

________________
____________

Read more – News

  • 11/20/2009 – House Passes CCJ’s action against a parent who incite hatred child – click here.
  • 08.18.2009 – Parental Alienation can lead to loss of custody of the child – click here.

Read More – Articles

  • 13/8/10 – The “syndrome” that will turn law – Nebo Flávia Azevedo Antunes – click here.
  • 23/7/10 – SAP – Parental Alienation Syndrome – Luiz Fernando Valley Guilherme de Almeida / André Fernando Reusing Namorato – click here.
  • 21/7/10 – In brief, parental alienation is a crime – Denise Perissini Maria da Silvaclick here.

Sanctioned law that defines and punishes parental alienation – Crumbs: Hot – 27/8/2010.

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.

– – –

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.

Parental Alienation Oppponents Defeated Again in California

In Alienation of Affection, Best Interest of the Child, Child Custody, Childrens Rights, Civil Rights, Divorce, Domestic Relations, Family Court Reform, Family Rights, Liberty, Marriage, parental alienation, Parental Alienation Disorder, Parental Alienation Syndrome, Parents rights, Restraining Orders on July 31, 2010 at 6:45 pm
July 26th, 2010 by Glenn Sacks, MA, Executive Director

Fathers and Families and its legislative allies have succeeded in killing one of the worst family law bills in modern history–California’s AB 612. The bill, put forward by the well-funded advocacy group Center for Judicial Excellence (and supported by the California National Organization for Women), would have banned Parental Alienation from being mentioned in any way, shape, or form in a California family court. Because of California’s tremendous influence in shaping the laws of other states, this loss would have led to a mushrooming of similarly damaging legislation in other states.

Fathers and Families’ legislative representative Michael Robinson helped cobble together a coalition of family law professional organizations and experts to oppose the bill. We were able to bottle the bill up in the Senate Judiciary Committee last year and keep it there until last week, when it died. To learn more about the bill, see our co-authored column Preventing courts from considering parental alienation will harm kids (Capitol Weekly, 2/25/10).

The defeat of AB 612 is a victory for the family court reform movement and for children everywhere. Victories cost money, as does our deep, professional involvement inside the political system—please support our successful work by making a tax-deductible contribution by clicking here.

This is the second time in two months that Fathers & Families has been instrumental in defeating a Center for Judicial Excellence bill—in June, we helped kill AB 2475, which was also related to Parental Alienation. To learn more, see F & F Helps Defeat Radical Bill from Opponents of Recognizing Parental Alienation.

Whereas Fathers & Families’ family court reform bills have been moving swiftly through the California legislature, the Center for Judicial Excellence is now 0-2 in the 2009-2010 legislative session.

The CJE claims that there’s a “crisis” in family courts, and that courts are handing over custody of children to physically and sexually abusive fathers. They promote reforms which will make it easier to deny parents shared custody or visitation rights based on unsubstantiated abuse claims. As we’ve noted before, there is no empirical basis supporting this claim. The vast majority of the cases that groups like the CJE put forward as alleged examples of this “crisis” of abusive fathers winning child custody are being badly misrepresented–to learn more, click here.

The events surrounding AB 2475 and AB 612 are further validation of Fathers and Families’ emphasis on the need for the family court reform movement to employ full-time legislative representatives and engage in the political process on a professional level. To support this work with your tax-deductible gift, please click here.

Together with you in the love of our children,

Glenn Sacks, MA
Executive Director, Fathers and Families

Ned Holstein, M.D., M.S.
Chair of the Board, Fathers and Families