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Posts Tagged ‘Best Interest of the Child’

More Hate from the Anononymums

In Best Interest of the Child, Child Custody, Childrens Rights, Civil Rights, Divorce, Domestic Relations, Family Court Reform, Family Rights, Parents rights on December 24, 2009 at 6:00 pm

This is the only post we have seen expressing HATRED for the fact that a little boy was reunited with the father. Of course, the writer of the hate piece is none other than claudine dombrowski, who does not believe Parental Alienation is real.

Typical behavior from someone with Borderline Personality Disorder.

Notice she only focuses on the “best interest of the woman”, no mention of the child.  Poor battered me.

I am sure that the remaining dozen hate sites will pick up her post and repost it in a typical “Sybil attack.”

Wednesday, December 23, 2009

Media Bias — the Sean Goldman Brazil abduction stories -justice’s posterous

The New York Times and Rep. Chris Smith say: “The boy was taken to Brazil in 2004 by the woman who was Mr. Goldman’s wife at the time…” So much for throwing the parent card. That wasn’t “the woman who was Mr. Goldman’s wife”.  That was the little boy’s MOTHER, who bore this child, and who took him home, away from the New Jersey she hated, and into the bosom of her extended family, where she herself had grown up. The Goldmans did not meet and commence their relationship in New Jersey.  They only married and settled there once Bruna already was pregnant with Sean. Had Goldman been reasonable and allowed the child’s mother to go home as she had begged to do, and to retain custody of the baby she risked her life to bring into the world, he would not have a complaint now about having been cut off. But selfishly, he did not do that.

“…relatives of Mr. Goldman’s ex-wife, who died last year, were exploring legal options that would enable them to keep Sean…” Once again, “ex-wife” is used instead of “mother”. Motherhood is invisible. The relatives are described as if they are strangers, rather than the beloved family members and home this child understandably does not want to leave. They include blood relatives of the child, with whom he has lived for nearly his entire childhood memory with his mother, who recently — ironically — died in childbirth.

Pandering Rep. Smith has called David Goldman the “primary caregiver” and the child’s “best friend”, again ignoring the woman who gave birth to the child and actually was the child’s closest attachment. http://www.nytimes.com/2009/12/23/world/americas/23rio.html

Is the situation painful and difficult? Of course. But propaganda does not help. While the U.S. press and politicos condemn Bruna for bringing her baby with her to Brazil, and now also condemn the boy’s real emotional family for wanting to protect him, the same media ignore that what the father seeks to do to this child who just lost his mother is exponentially worse. Notwithstanding the ignorant peanut galleries who chime along in favor of men’s rights to declare where their chattel women and the children they bear must reside, mothers of children who are abducted from them don’t seem to get Congressional Resolutions or incessant international media coverage. That apparently is reserved mainly for mothers AS abductors. The expedient application of a faux gender neutrality to parentage primarily for the benefit of fathers’ rights is Orwellian.

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Posted by Claudine Dombrowski at 8:52 PM

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Emotional Scarring From Divorce Affects 1 In 4 Kids, Most Ages 9 To 12

In Alienation of Affection, Best Interest of the Child, Child Custody, Childrens Rights, Civil Rights, Divorce, Domestic Relations, Domestic Violence, Family Court Reform, Family Rights, Parental Alienation Syndrome, Parents rights on December 18, 2009 at 6:36 pm

Emotional Scarring From Divorce Affects 1 In 4 Kids, Most Ages 9 To 12

To see the original article click on the link above.

The Hidden Effects of Divorce On Children | Relationships And Dating Guide

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, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, Family Court Reform, Family Rights, fathers rights, Intentional Infliction of Emotional Distress, Liberty, Marriage, motherlessness, mothers rights, National Parents Day, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, parental rights, Parental Rights Amendment, Parentectomy, Parents rights, Protective Dads, Protective Parents, Restraining Orders, Rooker-Feldman Doctrine on September 21, 2009 at 12:00 pm

The Hidden Effects of Divorce On Children

These days, it is hard to come by an individual who does not know someone who has been divorced, or who has not been divorced themselves. In Hollywood, divorce is seemingly becoming a common occurrence, while paving the way for a society where we’re not only getting married later in life, but also searching for an almost unrealistic level of happiness in our marriage.

Many couples considering divorce refuse to believe that divorce can have a negative effect on their children. But many studies have been conducted that prove otherwise.

A long term study released in 2002 by the Institute for American Values found that “unhappily married adults who divorced were no more likely to report emotional or psychological improvements than those who stayed married.

According to this study, divorce does in fact NOT improve your emotional health. I think it would be safe to assume that this is due to the stress and financial burden divorce inflicts upon couples.

Here’s another fact you might not know…

The Institute for American Values study found that almost eight out of 10 couples who avoided divorce were happily married five years later. Surprising, isn’t it?

Here’s another fact…

Half of all American children will witness the breakup of a parent’s marriage. Of these, close to half will also see the breakup of a parent’s second marriage.” (Furstenberg, Peterson, Nord, and Zill, “Life Course”)

Many couples divorce, and then remarry without knowing the true cause of their marriage problems in the first marriage. This is why the second marriage divorce rate is even higher than that of the first marriage!

Here’s are some statistics specifically about the effects of divorce on children…

– Studies in the early 1980’s showed that children in repeat divorces earned lower grades and their peers rated them as less pleasant to be around. (Andrew J. Cherlin, Marriage, Divorce, Remarriage –Harvard University Press 1981)

– Forty percent of children growing up in America today are being raised without their fathers. (Wade, Horn and Busy, “Fathers, Marriage and Welfare Reform” Hudson Institute Executive Briefing, 1997)

– Teenagers in single-parent families and in blended families are three times more likely to need psychological help within a given year. (Peter Hill “Recent Advances in Selected Aspects of Adolescent Development” Journal of Child Psychology and Psychiatry 1993)

– Compared to children from homes disrupted by death, children from divorced homes have more psychological problems. (Robert E. Emery, Marriage, Divorce and Children’s Adjustment” Sage Publications, 1988)

That statistic is truly amazing, isn’t it? But let me continue on…here are are some more shocking statistics on the effect of divorce on children…

– Children living with both biological parents are 20 to 35 percent more physically healthy than children from broken homes. (Dawson, “Family Structure and Children’s Health and Well-being” Journal of Marriage and the Family)

– Most victims of child molestation come from single-parent households or are the children of drug ring members. (Los Angles Times 16 September 1985 The Garbage Generation)

– A Child in a female-headed home is 10 times more likely to be beaten or murdered. (The Legal Beagle, July 1984, from “The Garbage Generation”)

– The study of children six years after a parental marriage breakup revealed that even after all that time, these children tended to be “lonely, unhappy, anxious and insecure”. (Wallerstein “The Long-Term Effects of Divorce on Children” Journal of the American Academy of Child and Adolescent Psychiatry 1991)

– Children of divorce are four times more likely to report problems with peers and friends than children whose parents have kept their marriages intact. (Tysse, Burnett, “Moral Dilemmas of Early Adolescents of Divorced and Intact Families. Journal of Early Adolescence 1993)

– Children of divorce, particularly boys, tend to be more aggressive toward others than those children whose parents did not divorce. (Emery, “Marriage, Divorce and Children’s Adjustment, 1988)

– Children of divorce are at a greater risk to experience injury, asthma, headaches and speech defects than children whose parents have remained married. (Dawson, “Family Structure and Children’s Health and Well Being” National Health Interview Survey on Child Health, Journal of Marriage and the Family)

– People who come from broken homes are almost twice as likely to attempt suicide than those who do not come from broken homes. (Velez-Cohen, “Suicidal Behavior and Ideation in a Community Sample of Children” Journal of the American Academy of Child and Adolescent Psychiatry 1988)

– Children of divorced parents are roughly two times more likely to drop out of high school than their peers who benefit from living with parents who did not divorce. (McLanahan, Sandefur, “Growing Up With a Single Parent: What Hurts, What Helps” Harvard University Press 1994)

– Seventy percent of long-term prison inmates grew up in broken homes. (Horn, Bush, “Fathers, Marriage and Welfare Reform)

– Following divorce, children are fifty percent more likely to develop health problems than two parent families. (Angel, Worobey, “Single Motherhood and Children’s Health”)

– Of all children born to married parents this year, fifty percent will experience the divorce of their parents before they reach their 18th birthday. (Fagan, Fitzgerald, Rector, “The Effects of Divorce On America)

I hope these statistics may eventually cause you (or your spouse) to seriously consider all the consequences of divorce before you make that final decision.

Based on these statistics, it becomes obvious that children need stable, loving homes with both mom and dad. There is, of course an exception to every rule, and in this case it is households where abuse is taking place. Children should under no circumstances remain in an abusive atmosphere that is unsafe for them.

But if there is no abuse taking place in your marriage and the two of you have simply “grown apart”,or fell out of love, I urge you to seek out help for your marriage before you give up completely. For your children’s sake, even if you’re feeling hopeless right now, get help for your marriage today.

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With an 88% success rate, Larry Bilotta’s Marriage Lifeline Program, gives you hope for your marriage – even if you’re the only one who wants to Save your marriage. For FREE, straightforward, no-nonsense advice you can use to save your marriage, with or WITHOUT your spouse’s participation visit Larry’s web site: Stop Your Divorce.

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The Hidden Effects of Divorce On Children | Relationships And Dating Guide.

No-Fault Divorce is Institutionalized Evil

In Alienation of Affection, Best Interest of the Child, child abuse, 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, family court, Family Court Reform, Family Rights, Intentional Infliction of Emotional Distress, Marriage, Non-custodial fathers, parental alienation, Parental Alienation Syndrome, Parental Rights Amendment, Parentectomy, Parents rights, Restraining Orders on September 6, 2009 at 11:50 pm

No-Fault Divorce is Institutionalized Evil

S. Michael Craven

S. Michael Craven

S. Michael Craven
Center for Christ & Culture

Throughout history, Christians have fought against countless social evils from slavery to child labor and these battles inevitably began with a campaign of sustained public persuasion that exposed the hidden evils to a public largely unaware. Similarly, no-fault divorce has become so commonplace that its evil is either obscured or ignored. But the availability of no-fault divorce has served to increase family dissolution at a rate greater than ever before in history; furthermore, it undermines the institution of marriage itself, perhaps more so than any other single factor in history. We would not be standing on the brink of same-sex marriage were it not for the corrosive effect upon marriage-as-an-institution that followed the divorce revolution.

Constitutional and family law attorney J. Shelby Sharpe says, “No-fault is national catastrophe. Anything which overturns the order or systems of things whereby families are destroyed and the whole of society adversely affected is by definition a catastrophe.”

You may be surprised to learn that the initial efforts to advance no-fault divorce legislation were underwritten by Hugh Hefner through the Playboy Foundation, which financed an army of young lawyers working to advance these antifamily policies. Let’s see…America’s largest pornographer working to rewrite public policy related to the family? There’s something seriously wrong with this picture! Alfred Kinsey also played an instrumental role in reducing these legal protections by falsely reporting that adultery was commonplace in most marriages. This reduced the stigma associated with adultery and ultimately served as the basis for eliminating all laws against adultery. Hefner and Kinsey both saw marriage as the final barrier to sexual freedom and thus determined to remove its inhibiting influence upon unrestrained sexual activity.

Cheap divorce (Credit: Kevin Dooley)

Cheap divorce (Credit: Kevin Dooley)

No-fault divorce is much more than just divorce; it is a legal tyranny that denies the fundamental right of due process to a defendant. Prior to no-fault divorce, the party seeking divorce (plaintiff) was required, by law, to demonstrate cause on the part of the other party (defendant) prior to dissolving the marriage, dividing the family’s assets, and destroying the two-parent structure essential for children. These measures provided strong legal protections—primarily to women and children who might otherwise find themselves abandoned by husbands and fathers who simply sought “greener pastures.” (You might think me overly hard on men here. Granted, both men and women can be guilty of abandoning marriages; however, statistically speaking, women and children are most often the victims.)

Under the system prior to no-fault divorce, the state was limited in its actions and intrusion into the private affairs of the family except in those cases in which one of the parties committed a legally recognized offense against the other. In the wake of no-fault divorce, the state has been given unprecedented access into and unconstitutional authority over what was previously sacrosanct: the family. Historically, the law regarded the family as a preserve of privacy that was largely off-limits to the government. It was what Supreme Court Justice Byron White (1962–1993) called the “realm of family life, which the state cannot enter.”

What is most shocking about no-fault divorce is the inherent unconstitutionality of it all, a direct violation of human rights. A retired circuit court judge writes, “To the characterization of no-fault divorce laws as both ungodly and inhumane I would add unconstitutional as well.” In my conversation with attorney J. Shelby Sharpe he was confident that if a case involving no-fault divorce were ever brought before the U.S. Supreme Court it would no doubt be ruled unconstitutional and no-fault divorce abolished!

One of our most fundamental protections secured by the U.S. Constitution is the right to due process, which secures the right of an individual to be heard regarding issues of life, liberty, or property. This means that no person shall be deprived of life, liberty, property, or of any right granted him by statute, unless the matter involved is first adjudicated or ruled against him at trial.

No-fault divorce completely usurps the defendant’s constitutional right to due process. In the case of Judith Brumbaugh, author of Judge, Please Don’t Strike That Gavel on My Marriage, with whom I spoke, her husband of twenty years had an adulterous affair, formed a relationship with the other woman, and decided that he no longer wanted to be married. Under the no-fault procedure he was able to file for divorce claiming that their marriage was “irretrievably broken.” Judith contested this claim, hoping to preserve her marriage; however the no-fault procedure ultimately gave her husband and the court the right to deny her due process. She was, in essence, charged with a crime, found guilty, and sentenced without ever being heard. The marriage contract was unilaterally dissolved.

Judith lost her home, her children, and her husband; she was left nearly destitute from legal expenses and utterly without recourse—which is legally impossible in every other contractual obligation in this country! And yet in the most important contractual obligation in society, under no-fault divorce the plaintiff is able to break his or her contractual obligation without the right of due process being given to the other party in the contract. The defendant’s life can be ruined, her liberty restrained in countless ways, and her property taken away by the courts. I know, and I’m sure you do as well, too many women and children who have suffered similar results.

This is a travesty of justice that affects more than a million families each and every year, with an annual related cost to taxpayers of more than $48 billion! This cost doesn’t even begin to consider the secondary societal effects of family dissolution upon crime rates, welfare rolls, and the emotional and psychological effects upon the children of divorce. No-fault divorce has created an easy divorce culture, which, according to Maggie Gallagher, an affiliate scholar at the Institute for American Values and a nationally syndicated columnist, “demotes marriage from a binding relation into something best described as cohabitation with insurance benefits.”

No-fault divorce is a social and legal atrocity that needs to be abolished both for the sake of families and children that have, for too long, been subjected to the tyrannical actions of family courts, and because it has encouraged, through law, radical selfishness on the part of narcissistic, self-indulgent spouses. What must be understood by Christians is that no-fault divorce functions as a direct enemy of the gospel of the kingdom by opposing the in-breaking reign of God and his desires for the family.

I will be sharing more on this and what you can do in the months ahead

S. Michael Craven is the President of the Center for Christ & Culture. Michael is the author of Uncompromised Faith (Navpress).The Center for Christ & Culture is dedicated to renewal within the Church and works to equip Christians with an intelligent and thoroughly Christian approach to matters of culture in order to demonstrate the relevance of Christianity to all of life. For more information on the Center for Christ & Culture, the teaching ministry of S. Michael Craven, visit the Center for Christ & Culture.

Note: Reader comments are reviewed before publishing, and only salient comments that add to the topic will be published. Profanity is absolutely not allowed and will be summarily deleted. Spam, copied statements and other material not comprised of the reader’s own opinion will also be deleted.

No-Fault Divorce is Institutionalized Evil.

Marriage: What Matters by Robert W. Patterson on National Review Online

In Activism, Alienation of Affection, 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, Family Court Reform, Family Rights, fatherlessness, fathers rights, Liberty, Marriage, Non-custodial fathers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Single Parenting on September 5, 2009 at 4:34 pm

Marriage: What Matters
Too many Republicans are blind to what is at stake in the marriage-law debate.

By Robert W. Patterson

Fifteen years ago, in his first book, Dead Right, David Frum identified several challenges facing Republicans. He cited the “fundamental contradiction” of William Weld, at the time governor of Massachusetts, who thought he could be a fiscal conservative and a social liberal. Frum recounted how this Republican blue-blood, unable to reconcile the two positions, evolved into a thoroughgoing liberal who pushed through huge budget increases, in much the same way that John Stuart Mill, who objected to the social conservatism of his day, ended up a socialist.

Had this disconnect been limited to one governor in one state, Frum’s point might have become an historical footnote. Yet from Christine Todd Whitman of New Jersey to Arnold Schwarzenegger of California — not to mention political operatives like John McCain’s campaign manager, Steve Schmidt — influential voices continue to maintain that the Weld synthesis not only is plausible but also holds electoral promise. These Republicans resent the presence of social conservatives in the party and, even more, the fact that in 30 states social conservatives have succeeded in defending the legal status of matrimony against elites who want America to be more like socially liberal Europe.

Even many Republicans with no beef against social conservatives don’t consider marriage a winning issue. But as Maggie Gallagher pointed out recently in National Review (August 10), public support for the traditional legal definition of marriage remains strong, and indeed has increased — to nearly 60 percent — since Perez Hilton heaped public scorn on beauty queen Carrie Prejean in April.

So why aren’t the geniuses at the Republican National Committee taking advantage of this issue, in Gallagher’s words, “to elect our friends and defeat our enemies”? The Democrats surely understand the game, yet Michael Steele has remained silent on the marriage battles taking place in various states this year. Nor has he sought any photo-op to demonstrate solidarity with African-American clergymen who are behind the effort to allow the voters — and not the city council — to determine the legal definition of marriage in the District of Columbia.

What drives the shortsightedness is that far too many in the GOP — from the business crowd to the Washington insiders, from the conservative think tanks to the talking heads on Fox News — have been slow to learn that social conservatism and economic conservatism are joined at the hip. Without the social ideal of marriage between husband and wife, described by Wendell Berry as the fundamental connection without which nothing holds,” the prospects for limited government, civil society independent of the state, and a robust, free-market economy go out the window.

As we can see from what has happened in Old Europe, state creation of same-sex marriage has seriously undermined marriage as a social institution. Data from the World Values Survey and the International Social Survey Programme show that countries with same-sex marriage demonstrate the lowest levels of support for traditional marriage. Citizens in these countries are significantly less likely than their counterparts in the U.S. and Australia to agree that adults who desire children should wed; they are significantly more likely to approve of cohabitation without marital intentions and to consider divorce to be the best solution to marital problems.

According to NRO contributor Stanley Kurtz, marriage, and especially married parenthood, are disappearing in Denmark, Sweden, and Norway, countries that adopted same-sex marriage between 1989 and 1994. Kurtz says this “culture-shifting event” has pushed rates of unwed childbearing over the top in Scandinavia. Today, births to unwed mothers exceed 55 percent of total births in Sweden and 50 percent in Norway. In Denmark, more than 60 percent of first-born children have unwed parents.

Europe’s dismissal of the social ideal of traditional marriage comes right out of the Marxist playbook. Karl Marx considered matrimony to be as evil as private property, and he called for “the abolition of the family” in a post-capitalist society, with children being raised communally rather than by their married mothers and fathers.

If the Left understands the relation between the family order and the economic order, why don’t Republicans? Even language affirms the connection: The term economy originates from a Greek word, oikos, which means household. Adam Smith noted the interplay between marriage and the market in The Wealth of Nations. Like Alexis de Tocqueville in 1835, the Scottish moral philosopher was impressed with what he saw in America in 1776. He noticed how men and women on this side of the Atlantic were twice as likely to marry — and at younger ages — and had twice as many children as their European counterparts.

Smith did not consider all living arrangements equal; he predicted that the exalted status of marriage and children in the colonies would pay economic dividends. Despite Britain’s superior wealth at the time, Smith saw North America “advancing with much greater rapidity to the further acquisition of riches.” He even claimed that “the most decisive mark of the prosperity of any country is the increase in the number of its inhabitants,” which he linked to a factor even then considered bourgeois, “a numerous family of children.”

More recently, Gary Becker has explained why natural marriage holds such promise. His Treatise on the Family asserts that the household anchored on the union of husband and wife is the most productive and efficient of all living arrangements — including single, cohabitating, and divorced — largely because of the sexual division of labor that maximizes production in the market and in the home. He further claims that homosexual unions fall short, as “generally they have a less extensive division of labor and less marital-specific capital than heterosexual marriages” and do not produce what really matters, children.

Mae West used to say, “A man in the home is worth two in the street.” From instilling the rules of cooperation, to modeling the relation between the sexes, to nurturing human and social capital, to helping adults and children think long-term, to solving the universal problem of dependency, marriage does what no other social institution can do. Because it predates society and the state, wedlock actually creates, builds, and renews society. Same-sex marriage — a construct that depends on the state for its very existence — can never duplicate these functions.

Of course, insisting that marriage law should reflect what nature, history, and reason affirm risks offending not so much homosexuals as cultural elites who care little about America. For these reasons, the effort to preserve a social institution that is a critical part of American exceptionalism, including this country’s economic prowess, deserves greater support from the GOP establishment and from Republican business interests. Given how a rejection of the marriage ideal would make the U.S. look like Europe, the stakes could not be higher.

— Robert W. Patterson, a research fellow at the Howard Center for Family, Religion & Society, served in the George W. Bush administration as a speechwriter at the Small Business Administration and the Department of Health and Human Services.

Marriage: What Matters by Robert W. Patterson on National Review Online.

FamilyCrossings Blog » Children And Divorce

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Support, child trafficking, children legal status, children's behaviour, Civil Rights, due process rights, family court, Family Court Reform, fatherlessness, fathers rights, Marriage, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation on July 17, 2009 at 5:51 pm

Children And Divorce

One out of every two marriages today ends in divorce and many divorcing families include children. Parents who are getting a divorce are frequently worried about the effect the divorce will have on their children.

During this difficult period, parents may be preoccupied with their own problems, but continue to be the most important people in their children lives. We at Family Crossings believe in the ability for all to stay connected. Keep the non-custodial parent up to date with their children by using our website. With a calendar section the non-custodial parent can be kept in the loop of important activities, changes in scheduling and the ability to contact the child and the other parent 24/7. This feature is very beneficial to keep the child in the other parent’s life, share photos, stories from school and even just to say “Hi!”- don’t let divorce separate you from your child visit Family Crossings today and reconnect to your child TODAY!

While parents may be devastated or relieved by the divorce, children are invariably frightened and confused by the threat to their security. Some parents feel so hurt or overwhelmed by the divorce that they may turn to the child for comfort or direction. Divorce can be misinterpreted by children unless parents tell them what is happening, how they are involved and not involved and what will happen to them.

Children often believe they have caused the conflict between their mother and father. Many children assume the responsibility for bringing their parents back together, sometimes by sacrificing themselves. Vulnerability to both physical and mental illnesses can originate in the traumatic loss of one or both parents through divorce.

With care and attention, however, a family’s strengths can be mobilized during a divorce, and children can be helped to deal constructively with the resolution of parental conflict.

Parents should be alert to signs of distress in their child or children. Young children may react to divorce by becoming more aggressive and uncooperative or withdrawing. Older children may feel deep sadness and loss. Their schoolwork may suffer and behavior problems are common. As teenagers and adults, children of divorce often have trouble with their own relationships and experience problems with self-esteem.

Children will do best if they know that their mother and father will still be their parents and remain involved with them even though the marriage is ending and the parents won’t live together. Long custody disputes or pressure on a child to “choose sides” can be particularly harmful for the youngster and can add to the damage of the divorce.

Research shows that children do best when parents can cooperate on behalf of the child.

Parents’ ongoing commitment to the child’s well-being is vital. If a child shows signs of distress, the family doctor or pediatrician can refer the parents to a child and adolescent psychiatrist for evaluation and treatment.

In addition, the child and adolescent psychiatrist can meet with the parents to help them learn how to make the strain of the divorce easier on the entire family. Psychotherapy for the children of a divorce, and the divorcing parents, can be helpful.

FamilyCrossings Blog » Children And Divorce.

Ruling favours ‘happy’ father | The Australian

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Support, children legal status, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, family court, Family Court Reform, Family Rights, fathers rights, Freedom, Intentional Infliction of Emotional Distress, judicial corruption, kidnapped children, Liberty, Marriage, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, parental rights, Parental Rights Amendment, Parentectomy, Parents rights, Restraining Orders on July 14, 2009 at 10:24 pm

Ruling favours ‘happy’ father

Caroline Overington | July 15, 2009

Article from: The Australian

A FAMILY Court magistrate has ruled that the right of two young children to have a meaningful relationship with their father is more important than the unhappiness of their mother, who wanted to relocate them from Sydney to Melbourne following the breakdown of their marriage.

A woman’s right to start fresh after divorce — colloquially known as the “happy mum, happy child principle” — has long been used by lawyers acting for mothers in Family Court matters.

For at least a generation, lawyers have successfully argued that a mother who was settled and happy in a new life was more beneficial to a child than frequent contact with the children’s father.

The most recent relocation case to come before the Federal Magistrates Court shows how far the ground has shifted.

The case, known as Beaufort and Beaufort, involves a couple who married in 1991 and have two children, aged 6 and 8.

The couple separated in March 2005, and in July 2005 the father announced he was in a new relationship with his personal assistant. They purchased a “knock-down” property and built a five-bedroom house on the site. They are now engaged, and planning to have more children.

The mother, 46, who moved to Sydney with her husband in 2001, wants to move back to Melbourne, where she is part of a large Italian family, including four siblings, grandparents, aunts and cousins.

She told the Federal Magistrates Court, sitting in Sydney, that she was miserable and isolated in Sydney, watching her ex-husband and his new girlfriend get on with their lives, while she was stuck in a “holding pattern”.

She recognised the children were close to their father, but said he was wealthy and could fly to Melbourne on weekends to see the children.

He objected to this idea, saying he would have to stay in a serviced apartment, with none of the children’s toys around, in an artificial environment.

The mother’s legal team raised the case of Taylor and Barker (2007), in which the Family Court allowed a mother to relocate her son from Canberra to the Atherton Tablelands in north Queensland, so she could marry another man.

The magistrate in that case said the relocation was in the best interests of the child, in part because it would make the mother happy. There was evidence that father and son had a close and loving relationship, but the magistrate was concerned with the mother’s “happiness and contentment”.

The magistrate in the Beaufort case said changes to the Family Law Act meant the court must apply the presumption that a child’s best interests were served by having a relationship with both parents, ahead of the mother’s happiness. Under questioning, the mother agreed that the children’s relationship with their father was more important than their relationship with her extended family.

Ruling favours ‘happy’ father | The Australian.

When kids get caught in the middle – Edmonton Examiner – Alberta, CA

In Alienation of Affection, Best Interest of the Child, Child Support, child trafficking, children legal status, children's behaviour, Childrens Rights, Civil Rights, custody, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, Feminism, Freedom, Intentional Infliction of Emotional Distress, judicial corruption, kidnapped children, Liberty, Marriage, motherlessness, mothers rights, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, parental rights, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes, Torts on June 28, 2009 at 3:43 pm

Children of divorce are often forced to choose between mom and dad

Posted By Melanie Thompson,
EXAMINER STAFF

(EDITOR’S NOTE: The names in this story have been changed in order to protect “Jenny.”)

Ben no longer sees his daughter. He has lost all contact. A separation from his spouse forced their daughter to choose one parent over the other.

Jenny chose her mother.

Ben always had a normal father-daughter relationship with Jenny. After the separation, Jenny remained with her mother but Ben maintained a regular bi-weekly visitation schedule as agreed to by himself and his ex-spouse.

Things were going well. But soon he began to notice changes in Jenny.

HASN’T GIVEN UP HOPE

Now, seven years after the separation, she doesn’t want him near. She doesn’t want to go to his home for visits. She doesn’t want his birthday gifts.

Ben has almost given up all hope for a relationship with his daughter.

Jenny is caught in the middle of a case of parental alienation, which commonly occurs among divorced families.

This condition is described by the Parental Alienation Awareness Organization (PAAO) as a group of verbal and non-verbal behaviours by one or both parents that are damaging to children’s mental and emotional well being. Children are manipulated or brainwashed into choosing one parent over the other.

via When kids get caught in the middle – Edmonton Examiner – Alberta, CA.

Mediation – Allow the Child to Love the Other Parent

In adoption abuse, Alienation of Affection, Best Interest of the Child, Child Custody, Child Support, child trafficking, children criminals, children legal status, children's behaviour, Childrens Rights, Civil Rights, CPS, cps fraud, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Foster CAre Abuse, Freedom, Intentional Infliction of Emotional Distress, judicial corruption, kidnapped children, Liberty, Maternal Deprivation, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes on June 15, 2009 at 12:00 pm

The message is: allow the child to love the other parent.

How and Why the UK Ministry of Justice ‘Monitoring Publicly Funded Mediation. Summary Report to the Legal Services Commission’ showed failure in mediation programs and why mothers, the “primary parents” were allowed to continue to keep the children away from the father:

She tells the class: “If parents are cordial and businesslike in taking care of the children’s needs, the children will do fine. But if there’s conflict, using the children as pawns, putting them in the middle, no communication or inappropriate communication, what you’re doing is beating on the children’s wounds. You’re not allowing the child any opportunity to heal.”

Armed with that information, parents go on to a mandatory session with a mediator, usually one and a half hours, to try to reach agreement on a parenting plan.

The mediator sees both parents together, then each separately, and finally together again to try to hammer out a final parenting-time schedule. They have a 10-day cooling off period to change their minds before the agreement is turned into an enforceable court order.

There is a presumption that the children will spend substantial time with each parent, although the final plan will depend on the children’s ages, how close their homes are to each other, and their parents’ work patterns. A “normal” plan for school age children would have them with their father for alternate weekends – Friday to Monday morning – an after-school meeting once a week and half the school holidays.

Programmes for early intervention to divert parents from the court process have been common throughout the US for more than 20 years. Legislation in California and Florida was introduced in the early 1980s in response to research showing that children from broken homes need both parents to go on playing a significant part in their lives.

Unlike in Britain, the right of children to have access to both their parents until 18 is written into statute. In both states, mediation is mandatory and in Florida no parents, including those who have been models of parental cooperation from the beginning, can divorce without taking a four-hour parent education course.

Gap in law

As in England and Wales, about 90% of parents manage the difficult transition to post-separation parenting without involving the courts. But where cases do go to court, the English experience is radically different.

The resident parent, usually the mother, holds all the cards. There is a presumption that the other parent will spend time with the child, but no presumption written into statute that contact will be “frequent and continuous”.

Absent parents, usually fathers, are left to apply to the court if the resident parent denies contact. Fathers can spend years making dozens of court applications, with many months between them, to little effect.

Last year a high court family division judge, Mr Justice Munby, delivered a blistering attack on the system when a father left his court in tears after being driven to abandon a five-year battle to see his daughter, which had involved 43 court hearings.

He called for sweeping changes and suggested that the way the English courts dealt with contact applications might even breach the European convention on human rights, which guarantees the right to respect for family life, the right to a fair hearing within a reasonable time, and the enforcement of court orders.

The judge said he could understand why there was disappointment that the family resolutions pilot scheme, then just announced, only encouraged mediation rather than making it mandatory.

Nine months after the pilot started in three English courts last September, the latest figures – showing that only 47 couples entered it, against an estimate of 1,000, and that only 23 completed the programme – seem to fulfil the prophecy by fathers’ groups that making it optional would doom it to failure.

Although ministers estimate that 90% of separating parents work out their own arrangements for the children without involving the courts, some 40,000 took cases to court in England and Wales in 2003-04. Half were repeat applications and 7,000 applications were for enforcement of contact orders which were flouted by the resident parent.

In Florida, by contrast, very few cases now go to court, according to Judge John Lenderman, a circuit judge on the state’s sixth circuit. He said: “I’m totally con vinced mediation should be mandatory. Every judge that I’ve talked to around the United States says mandatory mediation is the way to go.”

Nor is there anything peculiar to the US about the mandatory schemes: disputes over contact in Norway are dealt with a similar way. “There are distinct cultural differences but people in western civilisation are the same,” said Judge Lenderman. “[Parents] love their children worldwide.”

Senior judges in Britain agree that parents need more support to resolve their cases outside the courts if possible. The retired high court family division judge Dame Margaret Booth told a conference which was trying to get a Florida-type scheme off the ground three years ago: “It is a shame that our country does not easily learn from what other jurisdictions have done successfully for so long.

“In this matter we are years behind. I believe profoundly that the time has come to remove our blinkers.”

Two couples, two sessions with the mediator

Juan and Kelly

At the superior court in downtown LA, Juan, a plumber, and Kelly, an underwriter, have come to court for their mediation session. After an 18-month marriage, they separated six years ago, before the birth of their second daughter, now five (her sister is seven).

Both work long hours. For years after their separation they shared parenting time, with Juan having the girls on alternate weekends and a big input from Kelly’s mother.

Now Juan has filed an application with the court, triggering the compulsory mediation session. “The whole reason we’re here today is the situation where she left the girls with me for three months,” he says.

Kelly says she was “overwhelmed with bills and responsibility” and asked her ex-husband to look after the girls for a time. He had just moved in with a new girlfriend who “didn’t really agree to it but had no choice”.

She agrees to go back to the alternate weekends schedule. But the mediator proposes that the girls also see him one night a week for dinner, drawing on psychological research suggesting the gap between alternate weekends is too long at their age.

He resists, saying he can’t guarantee his boss would let him leave the job early enough. That one issue will go to the judge to decide. “If the judge says I have to do it, I can give it to my boss,” he says.

Marie and Jack

Marie, from France, and her English-born former husband, Jack, have their mediation session by telephone conferencing because Jack, a record producer, is working in Australia. He is due to return to LA the following month after three months away.

This is a “high-conflict” case and the couple, separated for a year but not yet divorced, have been ordered to take the basic parenting class – which should happen before mediation, but which they have not yet taken – and an extra “parenting without conflict” course.

Marie, who gets $5,000 a month child support, and Jack are arguing over whether she should take their daughters, aged six and three, on a previously agreed month-long holiday in France.

He was upset when he came back to LA on a visit and his younger daughter did not recognise him. He had the girls with him for four days then and “could see some serious problems.” He accuses Marie of arguing in front of the children.

Marie and Jack reach an agreement that she will allow the girls to talk to him on the phone every day at 7pm while he is away, but the other issues will be left for the judge.

· Clare Dyer sat in on several mediations at the LA superior court at the downtown and Santa Monica locations. The couples’ names have been changed.

For the original article:

http://eventoddlers.atspace.com/contents.html

From Welfare State to Police State

In adoption abuse, Alienation of Affection, Best Interest of the Child, California Parental Rights Amendment, Child Custody, Child Support, child trafficking, children criminals, children legal status, children's behaviour, Childrens Rights, Civil Rights, CPS, cps fraud, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-IV, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Freedom, Homeschool, Intentional Infliction of Emotional Distress, judicial corruption, kidnapped children, Liberty, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes, Title Iv-D on June 9, 2009 at 7:14 pm

May 4, 2008
by Stephen Baskerville

Family fragmentation costs taxpayers at least $112 billion annually in antipoverty programs, justice and education systems, and lost revenue, according to a report released last week. Astonishingly, the report’s publisher, Institute for American Values, is using these findings to advocate even higher costs, through more federal programs.

As welfare and child support enforcement programs show, there is zero proof that further government intervention into families would be a good investment for taxpayers.

After more than a decade of welfare reform, out-of-wedlock births remain at record highs, and married couples now comprise less than half the nation’s households. “The impact of welfare reform is now virtually zero,” says Robert Rector of Heritage Foundation.

Welfare reform, as currently conceived, cannot possibly make a difference. Out-of-wedlock births no longer proceed only from low-income teenagers. Increasingly, middle-class, middle-aged women are bearing the fatherless children. This excludes children of divorce, which almost doubles the 1.5 million out-of-wedlock births.

The problem is driven not only by culture, but by federal programs not addressed by welfare reform—such as child support enforcement, domestic violence, and child abuse prevention—which subsidize single-parent homes through their quasi-welfare entitlements for the affluent.

It’s not called the welfare “state” for nothing. Even more serious than the economic effects has been the quiet metamorphosis of welfare from a system of public assistance into a miniature penal apparatus, replete with its own tribunals, prosecutors, police, and jails.

The subsidy on single-mother homes was never really curtailed. Reformers largely replaced welfare with child support. The consequences were profound: this change transformed welfare from public assistance into law enforcement, creating yet another federal plainclothes police force without constitutional justification.

Like any bureaucracy, this one found rationalizations to expand. During the 1980s and 1990s—without explanation or public debate—enforcement machinery created for children in poverty was dramatically expanded to cover all child-support cases, including those not receiving welfare.

This vastly expanded the program by bringing in millions of middle-class divorce cases. The system was intended for welfare—but other cases now account for 83% of its cases and 92% of the money collected.

Contrary to what was promised, the cost to taxpayers increased sharply. By padding their rolls with millions of middle-class parents, state governments could collect a windfall of federal incentive payments. State officials may spend this revenue however they wish. Federal taxpayers subsidize state government operations through child support. They also subsidize family dissolution, for every fatherless child is another source of revenue for states.

To collect, states must channel not just delinquent but current payments through their criminal enforcement machinery, subjecting law-abiding parents to criminal measures. While officials claim their crackdowns on “deadbeat dads” increase collections, the “increase” is achieved not by collecting arrearages of low-income fathers already in the system, but simply by pulling in more middle-class fathers—and creating more fatherless children.

These fathers haven’t abandoned their children. Most were actively involved, and, following what is usually involuntary divorce, desire more time with them. Yet for the state to collect funding, fathers willing to care for them must be designated as “absent.” Divorce courts are pressured to cut children off from their fathers to conform to the welfare model of “custodial” and “noncustodial.” These perverse incentives further criminalize fathers, by impelling states to make child-support levels as onerous as possible and to squeeze every dollar from every parent available.

Beyond the subsidy expense are costs of diverting the criminal justice system from protecting society to criminalizing parents and keeping them from their children. The entitlement state must then devise additional programs—far more expensive—to deal with the social costs of fatherless children. Former Assistant Health and Human Services Secretary Wade Horn contends that most of the $47 billion spent by his department is necessitated by broken homes and fatherless children. One might extend his point to most of the half-trillion dollar HHS budget. Given the social ills attributed to fatherless homes—crime, truancy, substance abuse, teen pregnancy, suicide—it is reasonable to see a huge proportion of domestic spending among the costs.

These developments offer a preview of where our entire system of welfare taxation is headed: expropriating citizens to pay for destructive programs that create the need for more spending and taxation. It cannot end anywhere but in the criminalization of more and more of the population.

Stephen Baskerville is Research Fellow at the Independent Institute, Associate Professor of Government at Patrick Henry College, and author of Taken Into Custody: The War Against Fathers, Marriage, and the Family (Cumberland House, 2007).

The original article can be found here: http://www.independent.org/newsroom/article.asp?id=2184

Does Family Preservation Work? – Parental Rights

In adoption abuse, Alienation of Affection, Best Interest of the Child, California Parental Rights Amendment, Child Custody, Child Support, child trafficking, children criminals, children legal status, children's behaviour, Childrens Rights, Civil Rights, CPS, cps fraud, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Foster CAre Abuse, HIPAA Law, Homeschool, Intentional Infliction of Emotional Distress, judicial corruption, kidnapped children, Liberty, Maternal Deprivation, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, Orphan Trains, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, Sociopath, state crimes, Title Iv-D, Torts on June 9, 2009 at 12:00 pm

From the National Coalition for Child Protection Reform / 53 Skyhill Road (Suite 202) / Alexandria, Va., 22314 / info@nccpr.org / www.nccpr.org

Family preservation is one of the most intensively-scrutinized programs in all of child welfare. Several studies — and real world experience — show that family preservation programs that follow the Homebuilders model safely prevent placement in foster care.

Michigan’s Families First program sticks rigorously to the Homebuilders model. The Michigan program was evaluated by comparing children who received family preservation services to a “control group” that did not. After one year, among children who were referred because of abuse or neglect, the control group children were nearly twice as likely to be placed in foster care, as the Families First children. Thirty-six percent of children in the control group were placed, compared to only 19.4 percent of the Families First children. [1]

Another Michigan study went further. In this study, judges actually gave permission to researchers to “take back” some children they had just ordered into foster care and place them in Families First instead. One year later, 93 percent of these children still were in their own homes. [2] And Michigan’s State Auditor concluded that the Families First program “has generally been effective in providing a safe alternative to the out-of-home placement of children who are at imminent risk of being removed from the home The program places a high priority on the safety of children.” [3]

An experiment in Utah and Washington State also used a comparison group. After one year, 85.2 percent of the children in the comparison group were placed in foster care, compared to only 44.4 percent of the children who received intensive family preservation services.[4]

A study in California found that 55 percent of the control group children were placed, compared to only 26 percent of the children who received intensive family preservation services. [5]

A North Carolina study comparing 1,254 families receiving Intensive Family Preservation Services to more than 100,000 families who didn’t found that “IFPS consistently resulted in fewer placements…”[6]

And still another study, in Minnesota, found that, in dealing with troubled adolescents, fully 90 percent of the control group children were placed, compared to only 56 percent of those who received intensive family preservation services.[7]

Some agencies are now using IFPS to help make sure children are safe when they are returned home after foster care. Here again, researchers are beginning to see impressive results. In a Utah study, 77.2 percent of children whose families received IFPS help after reunification were still safely with their birth parents after one year, compared with 49.1 percent in a control group.[8]

Critics ignore all of this evidence, preferring to cite a study done for the federal government which purports to find that IFPS is no better than conventional services. But though critics of family preservation claim that this study evaluated programs that followed the Homebuilders model, that’s not true. In a rigorous critique of the study, Prof. Ray Kirk of the University of North Carolina School of Social Work notes that the so-called IFPS programs in this study actually diluted the Homebuilders model, providing service that was less intensive and less timely. At the same time, the “conventional” services sometimes were better than average. In at least one case, they may well have been just as intensive as the IFPS program – so it’s hardly surprising that the researchers would find little difference between the two.

Furthermore, efforts to truly assign families at random to experimental and control groups sometimes were thwarted by workers in the field who felt this was unethical. Workers resisted assigning what they considered to be “high risk” families to control groups that would not receive help from IFPS programs. In addition, the study failed to target children who actually were at imminent risk of placement.

Given all these problems, writes Prof. Kirk, “a finding of ‘no difference between treatment and experimental groups’ is simply a non-finding from a failed study.”[9]

Prof. Kirk’s findings mirror those of an evaluation of earlier studies purporting to show that IFPS was ineffective. The evaluation found that these studies “did not adhere to rigorous methodological criteria.”[10]

In contrast, according to Prof. Kirk, “there is a growing body of evidence that IFPS works, in that it is more effective than traditional services in preventing out-of-home placements of children in high-risk families.”[11]

Prof. Kirk’s assessment was confirmed by a detailed review of IFPS studies conducted by the Washington State Institute for Public Policy. According to this review:

“IFPS programs that adhere closely to the Homebuilders model significantly reduce out-of-home placements and subsequent abuse and neglect. We estimate that such programs produce $2.54 of benefits for each dollar of cost. Non-Homebuilders programs produce no significant effect on either outcome.”[12]

Some critics argue that evaluations of family preservation programs are inherently flawed because they allegedly focus on placement prevention instead of child safety. But a placement can only be prevented if a child is believed to be safe. Placement prevention is a measure of safety.

Of course, the key words here are “believed to be.” Children who have been through intensive family preservation programs are generally among the most closely monitored. But there are cases in which children are reabused and nobody finds out. And there are cases — like Joseph Wallace — in which the warnings of family preservation workers are ignored. No one can be absolutely certain that the child left at home is safe — but no one can be absolutely certain that the child placed in foster care is safe either — and family preservation has the better track record.

And, as discussed in Issue Paper 1, with safe, proven strategies to keep families together now widely used in Alabama, Pittsburgh, and elsewhere, the result is fewer foster care placements and safer children.

Indeed, the whole idea that family preservation — and only family preservation — should be required to prove itself over and over again reflects a double standard. After more than a century of experience, isn’t it time that the advocates of foster care be held to account for the failure of their program?

Updated, April 24, 2006

1. Carol Berquist, et. al., Evaluation of Michigan’s Families First Program (Lansing Mich: University Associates, March, 1993). Back to Text.

2. Betty J. Blythe, Ph.D., Srinika Jayaratne, Ph.D, Michigan Families First Effectiveness Study: A Summary of Findings, Sept. 28, 1999, p.18. Back to Text.

3. State of Michigan, Office of the Auditor General, Performance Audit of the Families First of Michigan Program, July, 1998, pp. 2-4. Back to Text.

4. Mark W. Fraser, et. al., Families in Crisis: The Impact of Intensive Family Preservation Services (New York: Aldine De Gruyter, 1991), p.168. Back to Text.

5. S. Wood, S., K. Barton, C. Schroeder, “In-Home Treatment of Abusive Families: Cost and Placement at One Year.” Psychotherapy Vol. 25 (1988) pp. 409-14, cited in Howard Bath and David Haapala, “Family Preservation Services: What Does the Outcome Research Really Tell Us,” Social Services Review, September, 1994, Table A1, p.400. Back to Text.

6. R.S. Kirk, Tailoring Intensive Family Preservation Services for Family Reunification Cases: Research, Evaluation and Assessment, (www.nfpn.org/resourcess/articles/tailoring.html). Back to Text.

7. I.M. Schwartz, et. al., “Family Preservation Services as an Alternative to Out-of-Home Placement of Adolescents,” in K. Wells and D.E. Biegel, eds., Family Preservation Services: Research and Evaluation (Newbury Park, CA: Sage, 1991) pp.33-46, cited in Bath and Happala, note 3, supra.Back to Text.

8. R.E. Lewis, et. al., “Examining family reunification services: A process analysis of a successful experiment,” Research on Social Work Practice, 5, (3), 259-282, cited in Kirk, note 6, supra.Back to Text.

9. R.S. Kirk, A Critique of the “Evaluation of Family Preservation and Reunification Programs: Interim Report,” May, 2001. Back to Text.

10. A. Heneghan, et. al., Evaluating intensive family preservation services: A methodological review. Pediatrics, 97(4), 535-542, cited in Kirk, note 6, supra.Back to Text.

11. Kirk, note 6, supra.Back to Text.

12. Washington State Institute for Public Policy, Intensive Family Preservation Programs: Program Fidelity Influences Effectiveness. February, 2006, available online at http://www.wsipp.wa.gov/rptfiles/06-02-3901.pdf

The original article can be found here: http://www.nccpr.org/newissues/11.html

Parental Mediation Does Not Work, Wake Up U.S. Courts

In adoption abuse, Alienation of Affection, Best Interest of the Child, Child Custody, Child Support, child trafficking, children criminals, children legal status, children's behaviour, Childrens Rights, Civil Rights, CPS, cps fraud, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-IV, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Foster CAre Abuse, Freedom, Homeschool, Intentional Infliction of Emotional Distress, judicial corruption, kidnapped children, Liberty, Maternal Deprivation, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, Sociopath, state crimes, Title Iv-D, Torts on June 8, 2009 at 11:16 pm

Introduction

One of the government’s most exhaustive research reports ever commissioned called ‘Monitoring Publicly Funded Family Mediation’ found that ‘mediation‘ in this country did not ‘meet the objectives of saving marriages or helping divorcing couples to resolve problems with a minimum of acrimony’ and as a result was forced to scrap the idea of making mediation compulsory – see the statement from the former Lord Chancellor Lord Irvine, 16th.January 2000. However it is is still used as a method for deflecting fathers from receiving reasonable contact with their child or children. This section is intended to help fathers by highlighting some of the pitfalls of mediation with reference to the government’s own research report. If you have a query regarding any aspect of the mediation process, for example, Section 10, ‘The Parties Attitudes to Negotiation’, you can consult the government’s own research by clicking alongside!

“The government is committed to supporting marriage and to supporting families when relationships fail, especially when there are children involved. But this very comprehensive research, together with other recent valuable research in the field, has shown that Part II of the Family Law Act (i.e. Mediation) is not the best way of achieving those aims. The government is not therefore satisfied that it would be right to proceed with the implementation of Part II and proposes to ask Parliament to repeal it once suitable legislative opportunity occurs.”

Former Lord Chancellor Lord Irvine,
16th.January 2000

NB For all legal aid certificates ‘mediation’ has to take place before the certificate (or funding) can be issued. However it can be deemed unnecessary if the mother makes an allegation of domestic abuse.

The original article can be found here: http://www.eventoddlersneedfathers.com/

How To Kidnap A Child

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Support, child trafficking, children criminals, children legal status, children's behaviour, Childrens Rights, Civil Rights, cps fraud, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Foster CAre Abuse, Freedom, Intentional Infliction of Emotional Distress, judicial corruption, kidnapped children, Liberty, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes, Title Iv-D on June 8, 2009 at 3:53 pm

by Stephen Baskerville, PhD

Congratulations! You have embarked on a great adventure. Kidnapping a child is probably unlike anything you have done before. If you are a first-time kidnapper you may be hesitant; perhaps you have lingering scruples. It is true you will probably do irreparable harm to your own child. Children of divorce more often become involved in drugs, alcohol, and crime, become pregnant as teenagers, perform poorly in school, join gangs, and commit suicide.

But look at the advantages! You can be rid of that swine you live with, with all his tedious opinions about child-rearing. YOU call the shots! What could be more rewarding? And a little extra cash each month never hurts, eh?

Few people realize how easy abduction is. It happens 1,000 times a day, mostly by parents! So if you’re thinking, “I could never get away with it,” wake up! Millions do. In fact many only realize the possibility when they become victims. Then they invariably say, “If only I had known how easy it is I would have done it myself!” So don’t be caught off guard. Read on, and discover the exciting world of child kidnapping and extortion.

If you are mother the best time to snatch is soon after you have a new child or pregnancy. Once you have what you want, you will realize that the father is no longer necessary (except for child support).

A father should consider snatching as soon as he suspects the mother might. Once she has the child, you have pretty much lost the game. You will always be at a disadvantage, but it is in your interest (as it is in hers) to snatch first. Preventive snatching may not look good (and unlike her, it can be used against you). But hey, you have the kid. If you hit the road, it could take years to track you down.

Surprise is crucial for an elegant abduction.
Wait until the other parent is away, and clean the place out thoroughly. Take all the child’s effects, because if you don’t grab it now you will never get it, and you will never be forced to return any of it. The more you have, the better “home” you can claim to provide. You also want to achieve the maximum emotional devastation to your spouse. Like the terrorist, you want to impress with how swift, sudden, and unpredictable your strike can be.

Concealing the child is illegal, but it will also buy you time. The police will make the case a low priority, and if you are a mother you will never be prosecuted. In the meantime claim to have established a “stable routine” and that returning the child (or even visits) would be “disruptive.” Anything that keeps the child in your possession and away from their father works to your advantage.

Find superficial ways to appear cooperative. Inform the father of your decisions (after you have made them). At the same time avoid real cooperation. The judge will conclude that the parents “can’t agree” and leave you in charge. Since it is standard piety that joint custody requires “cooperation,” the easiest way to sabotage joint custody is to be as uncooperative as possible.

Go to court right away. The more aggressive you are with litigation the more it will appear you have some valid grievance. The judge and lawyers (including your spouse’s) will be grateful for the business you create. Despite professions of heavy caseloads, courts are under pressure to channel money to lawyers, whose bar associations appoint and promote judges. File a motion for sole custody, and get a restraining order to keep the father from seeing his children. (A nice touch is to say he is planning to “kidnap” them.) Or have him restricted to supervised visitation.

Going to court is also a great opportunity to curtail anything you dislike about your spouse’s child-rearing. If you don’t like his religion, get an injunction against him discussing it. Is he fussy about table manners or proper behavior? Getting a court order is easier than you think. You may even get the child’s entire upbringing micro-managed by judicial directives.

Charges of physical and sexual abuse are also helpful. Accusing a father of sexually abusing his own children is very easy and can be satisfying for its own sake.

Don’t worry about proving the charges.
An experienced judge will recognize trumped-up allegations. This is not important, since no one will ever blame the judge for being “better safe than sorry,” and accusations create business for his cronies. You yourself will never have to answer for false charges. The investigation also buys time during which you can further claim to be establishing a routine while keeping Dad at a distance and programming the children against him.

Abuse accusations are also marvelously self-fulfilling.
What more logical way to provoke a parent to lash out than to take away his children? Men naturally become violent when someone interferes with their children. This is what fathers are for. The more you can torment him with the ruin of his family, home, livelihood, savings, and sanity, the more likely that he will self-destruct, thus demonstrating his unfitness.

Get the children themselves involved. Children are easily convinced they have been molested. Once the suggestion is planted, any affection from their father will elicit a negative reaction, making your suggestion self-fulfilling in the child’s mind. And if one of your new lovers actually has molested the child, you can divert the accusation to Dad.

Dripping poison into the hearts of your children can be gratifying, and it is a joy to watch the darlings absorb your hostility. Young children can be filled with venom fairly easily just by telling them what a rat their father is as frequently as possible.

Older children present more of a challenge. They may have fond memories of the love and fun they once experienced with him. These need to be expunged or at least tainted. Try little tricks like saying, “Today you will be seeing your father, but don’t worry, it won’t last long.” Worry aloud about the other parent’s competence to care for the child or what unpleasant or dangerous experience may be in store during the child’s visit. Sign the child up for organized activities that conflict with Dad’s visits. Or promise fun things, like a trip to Disneyland, which then must be “cancelled” to visit Dad.

You will soon discover how neatly your techniques reinforce one another. For example, marginalizing the father and alienating the child become perfect complements merely by suggesting that Daddy is absent because he does not love you. What could be more logical in their sweet little minds!

And what works with children is also effective with judges. The more you can make the children hate their father the easier you make it to leave custody with you.

Remember too, this guide is no substitute for a good lawyer, since nothing is more satisfying than watching a hired goon beat up on your child’s father in a courtroom.

And now you can do what you like! You can warehouse the kids in daycare while you work (or whatever). You don’t have to worry about brushing hair or teeth. You can slap them when they’re being brats. You can feed them fast food every night (or just give them Cheez Whiz). If they become a real annoyance you can turn them over to the state social services agency. You are free!

November 19, 2001

The original article can be found here: http://www.lewrockwell.com/orig2/baskerville1.html

Why Kids Usually Side with the Custodial Parent Especially If They’re Emotionally Abusive

In adoption abuse, Alienation of Affection, Best Interest of the Child, California Parental Rights Amendment, Child Custody, Child Support, child trafficking, children criminals, children legal status, children's behaviour, Childrens Rights, Civil Rights, CPS, cps fraud, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-IV, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Foster CAre Abuse, Freedom, Intentional Infliction of Emotional Distress, judicial corruption, Liberty, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, Sociopath, state crimes, Title Iv-D, Torts on June 7, 2009 at 8:00 pm

Do your children refuse to see you since you and your ex separated? When you actually get to see your kid(s), do they lash out at you? Do they know things about your break up or divorce that they shouldn’t know? Do they “diagnose” or berate you by using adult terms and expressions that are beyond their years?

If so, you’re probably experiencing the effects of parental alienation or hostile aggressive parenting. It’s normal to have hard feelings at the end of a significant relationship, however, you have a choice about how you handle it.

Most cases of parental alienation occur in dissolved marriages/relationships, break ups, and divorces in which there’s a high degree of conflict, emotional abuse, and/or mental illness or personality disorders.

If you were emotionally abused by your ex while you were still together, then your kid(s) learned some powerful lessons about relationships, especially if you had a “no talk” policy about the rages, yelling, and verbal attacks. Children are adversely affected by witnessing constant conflict and emotional abuse, no matter their age.

Emotionally abusive women and men are scary when on the attack, which probably makes it all the more confusing to see your ex turn your child(ren) against you. Don’t your kids see how out of whack their mom or dad is being? Don’t they know that you love them and how much you want to be in their lives? Don’t they realize they need you now more than ever? Yes and no.

On some level, they do know this. Nonetheless, they’re lashing out at you like mini-versions of your ex. Why?

It’s not that confusing if you think about it from a child’s perspective. Children depend utterly upon their custodial parent. Seeing mom or dad lose it and out of control is anxiety provoking, if not downright terrifying. The following are possible reasons why your ex’s campaign of parental alienation may be successful.

1.) You left them alone with the crazy person. You got out and they didn’t. They’re mad that you’re not there anymore to intervene, buffer, protect, or take the brunt of it.

2.) Self-preservation. They see how your ex is treating you because she or he is angry with you. Your kid(s) don’t want your ex’s wrath directed at them. It’s like siding with the bully at school so they don’t beat the crap out of you.

3.) Fear of loss. If they make your ex mad they worry that they’ll be emotionally and/or physically banished, too. This is especially true if your ex used to shut you out, give you the cold shoulder, and/or ignore you when she or he was upset with you. Your kids probably fear your ex will do this to them if they don’t go along with him or her.

4.) They’re mad at you. You’re no longer physically present at home, which they experience as psychological loss. Many kids experience this as betrayal and/or abandonment. Even if they can recognize that you didn’t have a happy marriage, they still want mom and dad to be together.

Loss, whether it’s physical (death) or psychological (divorce), requires a mourning period. Children aren’t psychologically equipped to handle grief and mourning. Pending other developmental milestones, kids don’t have the psychological capacity to successfully navigate loss until mid-adolescence. If you’d died, they could idealize your memory. However, you’re alive and chose to leave (or your ex chose for you). How do you mourn the loss of someone who’s not dead? It takes a level of intellectual sophistication children don’t possess not to vilify the physically absent parent—especially when your ex isn’t capable of it as an adult.

5.) Rewards and punishment. Your ex “rewards” the kids (material goods, praise, trips and fun activities—probably with your support money—oh the irony) for siding with her or him, being cruel to you, or cutting you off. If your kid(s) stand up for you or challenge your ex’s smear campaign, they’re chastised, lose privileges, or have affection withheld from them. Remember how your ex used to treat you when she or he was displeased? It’s way scarier when you’re a kid. You have options as an adult that your children don’t.

6.) The good son or daughter. They see how upset and out of control your ex is and want to take care of and make her or him “better.” They try to do this by doing what your ex wants, which is being hostile toward you and/or excluding you from their lives. This creates what psychologists refer to as the parentified child. Parentification forces a child to shoulder emotions and responsibilities for which she or he isn’t developmentally prepared.

Emotional parentification is particularly destructive for children and frequently occurs in parental alienation cases. The custodial parent implicitly or explicitly dumps their emotional needs on the child. The child becomes the parent’s confidante, champion/hero and surrogate for an adult partner. This is extremely unhealthy as it robs these kids of their childhood and leads to difficulty in having normal adult relationships later in life.

7..) Power and control. They see the power your ex wields by behaving in an abusive and hurtful way toward you. They can wield the same power by acting out and hurting you, too. A child or teenager’s first taste of power can be thrilling for them. Of course, what they’re learning from you ex is how to gain control by being an emotionally abusive bully.

8.) It’s good to be the victim. The more your ex plays the professional victim to friends, family and the legal system, the more benefits she or he gains—deferential treatment, sympathy, power, and money. The kids pick up on this victim mentality and behaviors and use it to net their own gains.

A combination of the above reasons probably applies to your child(ren) siding with your ex, particularly when you’ve been a good and loving parent. It’s demoralizing to have your kid(s) slap or push you away each time you reach out to them. It’s maddening that family court, in many cases, is blind to the abuses of parental alienation. Try to keep in mind that most children aren’t consciously aware that the above phenomena are occurring. Of course, that doesn’t make it any easier to be the emotional and financial punching bag for your ex and children.

The original article can be found here: http://washingtonsharedparenting.com/?p=411

Maternal Deprivation? Monkeys, Yes; Mommies, No…

In adoption abuse, Alienation of Affection, Autism, Best Interest of the Child, California Parental Rights Amendment, Child Custody, Child Support, child trafficking, children criminals, children legal status, children's behaviour, Childrens Rights, Christian, Civil Rights, CPS, cps fraud, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Foster CAre Abuse, Freedom, HIPAA Law, Homeschool, Indians, Intentional Infliction of Emotional Distress, judicial corruption, kidnapped children, Liberty, Maternal Deprivation, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, Orphan Trains, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, Sociopath, state crimes, Torts on June 7, 2009 at 5:00 am

Do children do best with one parent over another? Or does biology determine who is the better parent?

If you ask the feminists of the 70s who wanted to be free of restrictive child-rearing and assume an equal station in the workplace and politics, the answer to the first question would be no. Why would feminists give up their biologically superior position of motherhood, in which a mother is the primary caregiver, in favor of a job? What narcissists mother would do that?

And yet, today, if you ask the very self-same feminists who are leading the charge to narrow sole-custody of children in divorce proceedings to a woman based on some “biological advantage” the answer to the second question would be yes.

Upon this, you have the creation of a legally untenable position given to women based on gender. To get around “having your cake and eating it, too,” state family law has created the “imaginary world” of the “primary parent” dictum, which guides family law today, which is just a primary rehashing of “tender years doctrine”, both of which do not have the legal merit whatsover, nor the empirical research to support either.

But if you go back to the Maternal Deprivation nonsense, you quickly find the empirical research that throws this theory back into the area of “junk science” where it belongs. Maternal Deprivation is both empirically wrong and a sexist theory.

The junk science theory and refutation can be found here:
http://www.simplypsychology.pwp.blueyonder.co.uk/bowlby.html

“Although Bowlby may not dispute that young children form multiple attachments, he still contends that the attachment to the mother is unique in that it is the first to appear and remains the strongest of all. However, on both of these counts, the evidence seems to suggest otherwise.

* Schaffer & Emerson (1964) noted that specific attachments started at about 8 months and, very shortly thereafter, the infants became attached to other people. By 18 months very few (13%) were attached to only one person; some had five or more attachments.

* Rutter (1981) points out that several indicators of attachment (such as protest or distress when attached person leaves) has been shown for a variety of attachment figures – fathers, siblings, peers and even inanimate objects.

Critics such as Rutter have also accused Bowlby of not distinguishing between deprivation and privation – the complete lack of an attachment bond, rather than its loss. Rutter stresses that the quality of the attachment bond is the most important factor, rather than just deprivation in the critical period.

Another criticism of 44 Thieves Study as that it concluded that affectionless psychopathy was caused by maternal deprivation. This is correlational data and as such only shows a relationship between these two variables. Indeed, other external variables, such as diet, parental income, education etc. may have affected the behaviour of the 44 thieves, and not, as concluded, the disruption of the attachment bond.”

There are implications arising from Bowlby’s work. As he believed the mother to be the most central care giver and that this care should be given on a continuous basis an obvious implication is that mothers should not go out to work. There have been many attacks on this claim:

* Mothers are the exclusive carers in only a very small percentage of human societies; often there are a number of people involved in the care of children, such as relations and friends (Weisner & Gallimore, 1977).

* Ijzendoorn & Tavecchio (1987) argue that a stable network of adults can provide adequate care and that this care may even have advantages over a system where a mother has to meet all a child’s needs.

* There is evidence that children develop better with a mother who is happy in her work, than a mother who is frustrated by staying at home (Schaffer, 1990).

There are many articles relating to this nonsense, and how it has been refuted. The original theory was promulgated by John Bowlby. Bowlby grew up mother-fixated because he did not have a relationship with his father. See why here.

Psychological research includes a shocking history and continuation of maternal deprivation experiments on animals. While maternal deprivation experiments have been conducted far more frequently on rhesus macaques and other monkeys, chimpanzees were not spared as victims of this unnecessary research.
Maternal Deprivation applies to monkeys only.

Custody Relocation: A Negative Effect on Children – In LaMusga

In adoption abuse, Alienation of Affection, Best Interest of the Child, California Parental Rights Amendment, Child Custody, Child Support, child trafficking, children criminals, children legal status, Childrens Rights, Civil Rights, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-IV, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Foster CAre Abuse, Freedom, HIPAA Law, Homeschool, judicial corruption, kidnapped children, Liberty, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes, Title Iv-D, Torts on June 5, 2009 at 4:00 pm

© 2004 National Legal Research Group, Inc.

A custodial parent’s proposed relocation will almost always have a negative impact on the relationship of the noncustodial parent and the children. The California Supreme Court recently clarified the standard to be used in relocation cases in that state, holding that this impact should be considered as a factor in determining whether the custodial parent’s proposed relocation will result in detriment to the children sufficient to warrant a modification of custody.

In In re Marriage of LaMusga, Cal. 4th 12 Cal. Rptr. 3d 356 (2004), after a contentious custody battle, the parties were awarded joint custody of their two children with the mother being awarded primary physical custody. Several years later, the mother again sought to relocate to Ohio with the children. A child custody evaluation was performed that established that the father’s relationship with the children would deteriorate after the relocation and that, based on the mother’s previous behavior, there was no indication that she would be supportive of the father’s continued relationship with the children despite her claims to the contrary. The trial court found that the mother’s proposed relocation was not made in bad faith but concluded that the effect of the move would be detrimental to the welfare of the children because it would hinder frequent and continuing contact between the children and the father. The trial court held that if the mother chose to relocate, primary physical custody of the children would be transferred to the father.

The trial court’s decision was reversed by the California Court of Appeal. The court of appeal held that the trial court had failed to properly consider the mother’s presumptive right as custodial parent to change the residence of the children or the children’s need for continuity and stability in the existing custodial arrangement. 12 Cal. Rptr. 3d at 371. The court of appeal also found that the trial court had “placed undue emphasis on the detriment that would be caused by the children’s relationship with Father if they moved.” Id.

The court of appeal relied on an earlier California Supreme Court decision, In re Marriage of Burgess, 13 Cal. 4th 25, 51 Cal. Rptr. 2d 444 (1996). In Burgess, the Supreme Court of California held that in relocation cases there was no requirement that the custodial parent demonstrate that the proposed relocation was “necessary.” LaMusga, 12 Cal. Rptr. 3d at 367 (quoting Burgess, 51 Cal. Rptr. 2d at 452). Instead, the burden is on the noncustodial parent to prove that a change of circumstances exists warranting a change in the custody arrangement. LaMusga, 12 Cal. Rptr. 3d at 367. The supreme court also held that “paramount needs for continuity and stability in custody arrangements . . . weigh heavily in favor of maintaining ongoing custody arrangements.” Id. at 371 (quoting Burgess, 51 Cal. Rptr. 2d at 449-50).

The supreme court rejected the court of appeal’s position that undue emphasis was placed on the detrimental effect of the proposed relocation on the father’s relationship with the children. The court of appeal concluded that all relocations result in “a significant detriment to the relationship between the child and the noncustodial parent” and, therefore, no custodial parent would ever be permitted to relocate with the children as long as any detriment could be established. Id. at 373. The supreme court accepted the validity of the court of appeal’s position but noted that the court of appeal’s fears were unfounded. The supreme court stated that “a showing that a proposed move will cause detriment to the relationship between the children and the noncustodial parent” will not mandate a change in custody. Id. Instead, a trial court has discretion to order such a change in custody based on the showing of such a detriment if such a change is in the best interests of the child. Id. The supreme court explained its holding as follows:

The likely consequences of a proposed change in the residence of a child, when considered in the light of all the relevant factors, may constitute a change of circumstances that warrants a change in custody, and the detriment to the child’s relationship with the noncustodial parent that will be caused by the proposed move, when considered in light of all the relevant factors, may warrant denying a request to change the child’s residence or changing custody. The extent to which a proposed move will detrimentally impact a child varies greatly depending upon the circumstances. We will generally leave it to the superior court to assess that impact in light of the other relevant factors in determining what is in the best interests of the child.

Id. at 374-75.

The Supreme Court of California in LaMusga has seemingly retreated from its much broader decision in Burgess. In Burgess, the court essentially established a presumption in favor of maintaining a custody arrangement in the interests of a child’s paramount need for continuity and stability. In LaMusga, however, the court stepped away from this presumption and found that the child’s need for continuity and stability was just one factor in determining whether to modify a custody award. The court found that other factors, such as the detrimental effect of the proposed relocation on the relationship between a child and the noncustodial parent, could also control the outcome of a custody case depending on the unique facts of each case. The supreme court’s decision in LaMusga seems to subscribe to the principle that due to the fact-intensive nature of relocation cases a comprehensive review of all possible factors impacting on a child’s best interest will yield the most equitable results.

LA County Puts the “Fix” on Parents Rights

In adoption abuse, Alienation of Affection, Autism, Best Interest of the Child, California Parental Rights Amendment, Child Custody, Child Support, child trafficking, children criminals, children legal status, children's behaviour, Childrens Rights, Christian, Civil Rights, CPS, cps fraud, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-IV, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Foster CAre Abuse, Freedom, HIPAA Law, Homeschool, Indians, Intentional Infliction of Emotional Distress, Jayne Major, judicial corruption, kidnapped children, Liberty, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, Orphan Trains, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes, Title Iv-D, Torts on June 4, 2009 at 7:13 pm

Your rights to retain physical and legal custody of your children during divorce proceeding is compromised by California’s new ex post facto law recently passed by the California Senate. As a matter of fact, in Los Angeles County, it already is.

In California counties divorce proceedings in the past 12 years may have been “fixed” in counties where counties supplemented Judges salaries with benefits above the state mandated salary. (Under California Law, only the state may compensate judges for performance of their work. The California Constitution (Sec. 17, 19, 20) states that Judges may not receive money from other parties than their employer, the State of California, and the Legislature has the sole responsibility for setting compensation and retirement benefits.)

However California, like all 50 states and territories, receive hundreds of Billions of $$ from the federal government to run its state courts and welfare programs, including Social Security Act Title Iv-D, Child Support Iv-E, Foster Care and VAWA prevention and intimidation programs against family law litigants. The federal block grants are then given to the counties applying for the monies.

If counties have been paying judges money above state legislated salaries, then counties have been fixing cases for years by maintaining de facto judicial officers to rule in their favor. How does this affect parent’s rights? The money received in block grants is applied for by the counties based on the divorce and custody proceeding awards. For example, the more sole custody or foster home proceedings existing in the county, the more money the county is qualified to receive.

Both the US Constitution, and the California Constitution. California’s wording is even stronger than the US Constitution. Here are the direct quotes:

United States Constitution, Section 9, Article 3
“No bill of attainder or ex post facto law shall be passed.”

Constitution of the State of California – Article I, Section 9
“A bill of attainder ex post facto law, or law impairing the obligation of contracts may not be passed.”

The law in question is SBX2 11 which retroactively pardons, just about everyone involved in official activity including judges who received money for benefits from the county.

“The California Constitution requires the Legislature to prescribe compensation for judges of courts of record. Existing law authorizes a county to deem judges and court employees as county employees for purposes of providing employment benefits. These provisions were held unconstitutional as an impermissible delegation of the obligation of the Legislature to prescribe the compensation of judges of courts of record. This bill would provide that judges who received supplemental judicial benefits provided by a county or court, or both, as of July 1, 2008, shall continue to receive supplemental benefits from the county or court then paying the benefits on the same terms and conditions as were in effect on that date.”

The law also goes on to state:

“This bill would provide that no governmental entity, or officer or employee of a governmental entity, shall incur any liability or be subject to prosecution or disciplinary action because of benefits provided to a judge under the official action of a governmental entity prior to the effective date of the bill on the ground that those benefits were not authorized under law.”

Is this why attorney Richard I Fine is in a LA County Jail? For more on his story see:

Attorney Richard Fine files suit against judges http://www.dailynews.com/ci_8113733

Richard Fine, a brave and talented California attorney and United States Department of Justice Attorney http://www.ahrc.se/new/index.php/src/tools/sub/yp/action/display/id/2652

Metropolitan News-Enterprise http://www.metnews.com/articles/2009/stur021809.htm

The Full Disclosure Network: http://www.fulldisclosure.net/Programs/538.php and http://www.fulldisclosure.net/Programs/539.php

JUDICIAL BENEFITS & COURT CORRUPTION (Part 3-4) http://www.fulldisclosure.net/Programs/540.php

FISCAL CRISIS: Illegal Payments Create Law For Judicial Criminal & Liability Immunity: Nominees For U S Supreme Court To Be Impacted? See: http://www.fulldisclosure.net/news/labels/SBX2%2011.html

The Bill as passed by the Senate: http://info.sen.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sbx2_11_bill_20090214_amended_sen_v98.html

The Primary Parent Presumption: Primarily Meaningless

In adoption abuse, Alienation of Affection, Autism, Best Interest of the Child, California Parental Rights Amendment, Child Custody, Child Support, child trafficking, children criminals, children legal status, children's behaviour, Childrens Rights, Civil Rights, CPS, cps fraud, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-IV, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Foster CAre Abuse, Freedom, HIPAA Law, Homeschool, Intentional Infliction of Emotional Distress, judicial corruption, kidnapped children, Liberty, MMPI, MMPI 2, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, Orphan Trains, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes, Title Iv-D, Torts on June 4, 2009 at 11:00 am

By Dr. Richard A. Warshak, Ph.D.
16970 Dallas Parkway, #202, Dallas, TX 75248

Nineteen ninety-three marked the thirtieth anniversary of the publication of The Feminine Mystique, the book that spearheaded the drive to unlace the cultural straitjacket of rigid sex-role prescriptions. As we expanded the conventional image of women to include roles beyond those of wife, housekeeper, and mother, we encouraged men to think of themselves as more than just husbands and bread-winners. We invited them to become active partners in the delivery room . . . and they accepted. We required their participation in Indian Guides . . . and they complied. We extolled the importance of father-child bonding, trumpeted statistics linking a father’s absence to juvenile delinquency. . . and they listened.

The problem, for some divorcing women, is that their husbands listened too well, and took seriously the call to parenthood. They became emotionally attached to their offspring, and, when the marriage ended, they were unwilling to be demoted to the second string; unwilling to sit on the sidelines of their children’s lives. Although lacking in hard data to prove the point, we have at least the perception that more men are seeking and gaining custody of their children after divorce.

Why is this a problem? Because women do not enjoy living apart from their children any more than do men. Also, most women do not want to relinquish the power that goes with custody. This has led to the ironic situation in which some of the same feminists who, in the early 70s, denounced motherhood as “enslavement” now lead a campaign to protect motherhood from divorced fathers who want more involvement with their children. But they face a crucial dilemma: They need to resurrect the belief that women are uniquely suited to rear children and therefore the natural choice for sole custody without appearing to endorse the notions that biology is destiny and that the sexes merit unequal treatment before the law.

The solution to this dilemma is the linguistic sleight of hand known as the “primary parent presumption.” This guideline would give preference to the parent who is designated “primary” in the child’s life, variously defined as the parent who spends the most time with the child, is more responsible for the child’s day-to-day care, or performs more of the daily repetitive maintenance tasks such as chauffeuring, shopping for clothes, preparing meals, and bathing. Although touted as a gender-neutral standard, everyone agrees that the primary parent presumption would give mothers the same advantage that they enjoyed with the tender years presumption. In fact, law professor Mary Becker advocates dropping the pretense of gender-neutrality and renaming the primary parent presumption the “maternal deference standard.”

Briefly, the argument goes that since women are more involved in primary caregiving, they deserve custody.
Fathers’-rights advocates respond that it is unfair to penalize men for reduced involvement with their children, since they are only fulfilling society’s notions of the man’s role as the family’s breadwinner. Neither side’s arguments are compelling. Both are blinded by the pre-19th century premise that children are property to be “awarded” to the rightful owner. Both sides miss the point that a custody decision should be guided by the needs of the child not the parents’ sense of entitlement.

Some of my colleagues offer arguments in support of the primary parent presumption. They point out that a
woman who has been most involved in her children’s daily care already possesses the requisite skills. She has less to learn than the father and, by virtue of her experience, is probably more competent to assume the duties of sole custody. Also, because the primary parent standard appears less ambiguous than the best interests standard, parents would be less likely to litigate over custody — a distinct advantage to the family. But that may be its only advantage. Under critical appraisal, this proposal suffers many serious drawbacks.

Unless we regard custody as a reward for past deeds, the decision about the children’s living arrangements should reflect a judgment about what situation will best meet their needs now and in the future. Differences in past performance are relevant only if they predict future parental competence and child adjustment. But they do not.

The primary parent presumption overlooks the fact that being a single parent is a very different challenge than being one of two parents in the same home. A consensus of research reveals a predictable deterioration in the single mother’s relationship with her children. After divorce, the average mother has less time and energy for her children and more problems managing their behavior, particularly that of her sons. Research has also demonstrated that despite mother’s greater experience in daily child care, fathers who would not be considered primary caretakers during the marriage are as capable as divorced mothers in managing the responsibilities of custody.

And, most important, their children fare as well as children do in mother-custody homes.

A more basic problem with the proposed standard: How do we determine who is the primary parent? Before divorce parents think of themselves as partners in rearing their children. Whether or not they spend equal time with the children, both parents are important, and mountains of psychological research support this.

Before divorce, we do not rank order parents. Only in the heat of a custody battle do Mom and Dad begin vying for the designation “primary parent.”

On what basis do we award this coveted title? We cannot simply measure the amount of time each parent
spends with the child. Research has established that, beyond a certain minimum, the amount of time a parent spends with a child is a poor index of that parent’s importance to the child, of the quality of their
relationship, or of the parent’s competence in childrearing.
In fact, we all know of parents who are too involved with their children, so-called “smothering” parents who squelch any signs of independence.

If more extensive contact does not make a primary parent, what does? Most definitions provide a list of responsibilities: The primary parent shops for food and clothes, prepares meals, changes diapers, bathes and dresses the child, takes the child to the doctor, and drives the child to school and recreational activities. Such criteria, though, ignore the overriding importance of the quality of parent-child relationships.

Furthermore, critics have argued that this list reflects gender bias. Shopping for food and clothes is included, but not earning the money which funds the shopping trips. Also conspicuously absent are responsibilities typically shared by fathers and in which fathers often predominate, activities such as playing, discipline, moral guidance, encouragement and assistance with school work, gender socialization, coaching team sports, and — something whose significance to children is often overlooked — providing a sense of physical protection and security.

Is the primary caretaker the one who does the most to foster the child’s sense of emotional security, the person to whom the child turns in times of stress — the role we most often associate with mothers? Or is it the parent who does the most to promote the child’s ability to meet the demands of the world outside the family — the role we most often associate with fathers? We really have no basis for preferring one contribution over the other. Both are necessary for healthy psychological functioning.

We can say that both parents contribute distinctively to their child’s welfare. And during different
developmental stages a child may relate better to one parent than the other, or rely on one parent more than
the other. But most children form strong attachments to both parents in the first year of life and maintain important ties to both parents throughout their lives. By rank ordering the importance of parents, we dismiss children’s own experiences of their parents’ value, reinforce gender stereotypes, and perhaps discourage fathers from assuming more parenting responsibilities.

In sum, the primary parent presumption is misinformed, misguided, misleading, and primarily meaningless.

Copyright © 1996 by Richard A. Warshak, Ph.D.
16970 Dallas Parkway, #202, Dallas, TX 75248 Dr. Richard A. Warshak is a clinical, research, and
consulting psychologist, clinical professor of psychology at the University of Texas Southwestern
Medical Center at Dallas, and author of The Custody Revolution and Divorce Poison: Protecting the
Parent-Child Bond From a Vindictive Ex. He has published extensively in the area of divorce and
custody and consults with attorneys, mental health professionals, and families. Additional custody
resources, including material on relocation, overnight access, and parental alienation syndrome,
can be found at http://www.warshak.com.

[A version of this essay was published as Chapter 28 (pages 101-103) in 101+ Practical Solutions for the
Family Lawyer, Gregg M. Herman, Editor, American Bar Association (1996).]

The original article can be found here.

Parental Rights – Analysis by Article of the UNCRC – Part 9 of 9

In adoption abuse, Alienation of Affection, Autism, Best Interest of the Child, California Parental Rights Amendment, Child Custody, Child Support, child trafficking, children criminals, children legal status, children's behaviour, Childrens Rights, Christian, Civil Rights, CPS, cps fraud, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-IV, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Foster CAre Abuse, Freedom, HIPAA Law, Homeschool, Intentional Infliction of Emotional Distress, Jayne Major, judicial corruption, kidnapped children, Liberty, MMPI, MMPI 2, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, Obama, Orphan Trains, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes, Title Iv-D, Torts on June 4, 2009 at 12:30 am

Last year the Parental Rights.org group analyzed article by article the impact of ratification of the
United Nations Convention on Rights of the Child (UNCRC) would have on Parental Rights and Children’s Rights in the United States.

Here is that continuing analysis:

Giving the State a Grasp on Your Kids

Part II of an in-depth look at Article 18 of the UN Convention on the Rights of the Child

When Kevin and Peggy Lewis volunteered their child for special education services, they never dreamed they would need a lawyer if they wanted to change their minds. After their son developed several learning issues, including an inability to focus in class and difficulty processing and understanding oral and written communication, the Lewis’s turned to the Cohasset Middle School in Massachusetts for help.1 But after a year in the school’s special education program, their son was not improving academically, and felt harassed by school officials who were closely monitoring and reporting on his behavior – everything from chewing gum in class to forgetting his pencil.2

Initially, the Lewis’s requested that the school pay for private tutoring, but as their relationship with the administration continued to decline, the exasperated parents finally decided to withdraw their son from the school’s program and to pay for private tutoring out of their own pockets.3

Apparently, that option wasn’t good enough for the school.

In December 2007, Cohasset hauled Kevin and Peggy into court, claiming that the parents were interfering with their son’s “constitutional right to a free and appropriate education.”4

After a day-and-a-half of argument, the judge sided with the school in an unwritten opinion.5

“This is truly devastating to all parents who have children on an IEP,” Peggy said, referring to the individual education plans for special education students. “What it means in fact when you sign an IEP for your child, you sign away your parental rights. . . . Now Cohasset has their grasp on my kid.”6

“Help” for Parents

At first glance, it seems odd that a school would take parents to court to compel them to accept state services. After all, as observers of the case commented, schools usually objects when parents demand more aid for their children, not when the parents try to withdraw their child from the program.7

But according to the UN Convention on the Rights of the Child, once parents have asked the state for assistance in raising their children, the state has both the responsibility and the authority to see the job through – even if the parents no longer support the state’s solution.

In addition to imposing legally-enforceable “responsibilities” on parents, Article 18 of the Convention also requires states to “render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities,” and to establish “institutions, facilities and services for the care of children.”8

At first glance, the offer of “assistance” to parents may appear harmless, and even generous, but appearances are often deceiving. While the government may claim to offer services to parents on a purely “voluntary” basis, parents soon discover that government “assistance” isn’t always free.

When “voluntary” doesn’t mean “voluntary”

For examples of this dangerous trend, one need look no further than the nation of Sweden, the first western nation to ratify the Convention.

In addition to mandatory sex-education, free child care for working parents, and a national ban on corporal punishment, Sweden’s local municipalities are also required by law to offer parents a broad array of “voluntary” services that promote “the favourable development of children and young persons.”9 Unfortunately, according to Swedish attorney and activist Ruby Harrold-Claesson, voluntary care “in no way is voluntary since the social workers threaten the parents to either give up their child voluntarily or the child will be taken into compulsory care.”10

If the state determines at a later date that the “voluntary” services are not helping, the municipality has both the responsibility and the authority to physically “take a child into care and place him in a foster home, a children’s home or another suitable institution.”11 According to Harrold-Claesson, since the emergence of such programs, “children are being taken from their parents on a more routine basis.”12

Unfortunately, these disturbing trends are not confined to Sweden. Even here in the United States, “voluntary” services for parents are often the first step toward state control of families.

Holding Children Hostage

As a young mother of three, “Katianne H.” faced tremendous difficulties in making ends meet.13 Although she was never unemployed, Katianne had difficulty putting her job ahead of the needs of her young family. So when her three-month-old son Xavier developed severe allergies to milk and soy protein, her pediatrician recommended that she relieve some of the pressure placed upon her by requesting that her son be placed in “temporary out-of-home care.”14 Thinking such a placement was truly “voluntary,” Katianne agreed.

Within a few months, Xavier was weaned from the feeding tube to a bottle, but when Katianne sought to bring him home, the state refused. It would take more than two-and-a-half years – and a decision from the Nebraska Supreme Court – before Katianne would win her baby boy back. 15

In a unanimous ruling, the court said the child should have been returned to his mother as soon as his medical condition was resolved. Instead, state authorities drew up a detailed plan requiring the mother to maintain steady employment, attend therapy and parenting classes, pay her bills on time, keep her house clean, improve her time management, and be cooperative with social workers. When she failed to fully comply with all these obligations within fifteen months, her parental rights were terminated.16

The Court condemned the state for keeping Xavier “out of the home once the reasons for his removal had been resolved,” and warned that a child should never be “held hostage to compel a parent’s compliance with a case plan” when the child could safely be returned home.17

A familiar pattern

According to studies, scholars, lawyers, and advocates, voluntary placement in the United States – like “voluntary” placement in Sweden – is often the first step toward the state getting a grasp on children. Here are just a few examples from within our own borders:

· A 1994 study in New Jersey found that “parents often report signing placement agreements under the threat that court action against them will be taken if they do not sign,” particularly parents who have “language or other barriers making it difficult or impossible for them to read and understand the agreement they were signing.”18 There are also no “clear legal standards to protect a family once it has entered the system,” even if it enters voluntarily: “existing legislation grants judges and caseworkers virtually unrestricted dispositional authority.”19

· In 1998, Melville D. Miller, President and General Counsel of Legal Services of New Jersey, warned that when parents sign voluntary placement agreements, parents give the state “custody of their children without any decision by the court that they have abused or neglected them.”20 In addition, voluntary placement often waives a family’s opportunity for free legal representation in court, leaving families – particularly poor families – with “no assistance in advocating for what they need” when disputes with the state arise.21

· In 1999, Dr. Frank J. Dyer, author and member of the American Board of Professional Psychology, warned that parents can be “intimidated into “voluntarily” signing placement agreements out of a fear that they will lose their children,” and that in his professional counseling experience, birth parents frequently complain that “if they had known from the outset that the document that they were signing for temporary placement of their children into foster care gave the state such enormous power over them, they would have refused to sign and would have sought to resist the placement legally.”22

· The Child Welfare League of America, in its 2004 Family’s Guide to the Child Welfare System, reassures parents that the state “do[es] not have to pursue termination of parental rights,” as long as the state feels that “there is a compelling reason why terminating parental rights would not be in the best interest of the child.”23 If parents and social workers disagree about the fate of a child in “voluntary placement,” the CWLA simply states that “if you decide to bring your child home, and the agency believes that this would interfere with your child’s safety, it has the right to ask the court to intervene. You also have the right to explain to the court why your child’s safety would not be in jeopardy if he came home.”24

· The National Crittenton Foundation, in a web booklet published for young, expectant mothers who are currently in the foster care system, warns in large, bold print that by signing a voluntary placement agreement, “you will most likely lose all custody of your baby, even if you want to regain custody of your baby after you turn 18.”25

Never Too Late

If one can learn anything from the stories of the Lewises, Katianne, and the plight of Swedish parents, it is that the government wields incredible power over parents who have “voluntarily” accepted its aid when caring for their children. These parents are often poor, struggling, and searching for the means to keep their families together, but instead of helping them, the open hand of the state can easily become a clenched fist, either bullying parents into submission or forcibly taking their children from them.

Thankfully, it is not too late to protect children and their families by protecting the fundamental right of parents to raise their children, and to reject government programs that are unneeded or unwanted. The state should only interfere with the family for the most compelling reasons – not because loving parents were misled about the true nature of “voluntary” care.

Please consider sending this message to your friends and urging them to sign the Petition to Protect Parental Rights.

This article was written for ParentalRights.org by Peter Kamakawiwoole, Jan. 29, 2009.

Notes

1. James Vazniz, “Cohasset schools win case v. parents,” The Boston Herald (December 15, 2007) (accessed January 28, 2009).
2. James Vazniz, “Parents want son out of special ed,” The Boston Herald (December 13, 2007) (accessed January 28, 2009).

3. Vazniz, “Cohasset schools win case v. parents.”

4. Vazniz, “Parents want son out of special ed.”

5. Vazniz, “Cohasset schools win case v. parents.”

6. Vazniz, “Cohasset schools win case v. parents.”

7. Vazniz, “Cohasset schools win case v. parents.”

8. UN Convention on the Rights of the Child, Article 18.2.

9. Ruby Harrold-Claesson, “Confiscating Children: When Parents Become Victims,” The Nordic Committee on Human Rights (2005) (accessed January 17, 2009)

10. Harrold-Claesson, “Confiscating Children: When Parents Become Victims”

11. Harrold-Claesson, “Confiscating Children: When Parents Become Victims”

12. Harrold-Claesson, “Confiscating Children: When Parents Become Victims”

13. “Katianne” is the name given to the mother by the Nebraska Supreme Court, which decided her case in In Re Xavier H., 740 N.W.2d 13 (Neb. 2007).

14. In re Xavier H., 740 N.W.2d at 21.

15. “Nebraska Supreme Court returns boy to mother,” Omaha World Herald (October 19, 2007) (accessed January 29, 2009).

16. “Nebraska Supreme Court returns boy to mother.”

17. In re Xavier H., 740 N.W.2d at 26.

18. Emerich Thoma, “If you lived here, you’d be home now: The business of foster care,” Issues in Child Abuse Accusations, Vol. 10 (1998) (accessed January 27, 2009).

19. Thoma, “If you lived here, you’d be home now.”

20. Melville D. Miller, “You and the Law in New Jersey ” (Rutgers University Press, 1998): 200.

21. Miller, You and the Law in New Jersey,” 200.

22. Frank J. Dyer, “Psychological Consultation in Parental Rights Cases” (The Guilford Press, 1999): 26.

23. Child Welfare League of America (CWLA), “Placements to Obtain Treatment and Services for Children,” A Family’s Guide to the Child Welfare System (2004): 5 (accessed January 27, 2009).

24. CWLA, “Placements to Obtain Treatment and Services for Children,” p. 5.

25. The National Crittenton Foundation, “Crittenton Booklet for Web,” pp. 11-12. (accessed January 28, 2009)

The Mysterious Marriage Advantage – Politically Correct Scientists Try to Explain Away

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Support, children legal status, children's behaviour, Childrens Rights, Civil Rights, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Freedom, Intentional Infliction of Emotional Distress, Liberty, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, Orphan Trains, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes, Title Iv-D on June 2, 2009 at 2:33 pm

Children living with married parents do better than children living with single or cohabiting parents. Virtually all sociologists acknowledge this simple truth. However, under the ubiquitous campus pressures to be politically correct, many social scientists try very hard to explain away this marital advantage as an artifact of socioeconomic characteristics other than marital status per se.

Both the advantage children experience by living with married parents and the urge progressive scholars feel to explain away that advantage are on full display in a study of children’s economic well-being recently published in the Journal of Marriage and Family by sociologists at Bowling Green State University.

Scrutinizing nationally representative data collected in 1999 from 42,000 households, the Bowling Green researchers outline a familiar and predictable pattern of marital advantage: Children living with married biological parents enjoy a decided economic advantage over those living with cohabiting biological parents, with single mothers, with married-couple stepfamilies, and with cohabiting stepfamilies. The official poverty level for children living with married biological parents runs less than 8%, compared with 23% for children living with cohabiting biological parents, 43% for those living with single mothers, 10% for those living with married stepfamilies, and 19% for those living with cohabiting stepfamilies. A similar pattern emerges in data for food and housing insecurity.

By using multivariable statistical analyses, the authors of the new study establish that for their overall sample “child and parent characteristics account for at least 70% of the difference in the well-being of children living in married and cohabiting two biological parent families.” The researchers consequently use such analyses to assert that “the benefits of marriage may be a result of parents’ education and race and ethnic group rather than marriage per se.” This assertion no doubt serves the authors’ ideological interests, since the political correctness of the modern university militates against belief in the social benefits of “marriage per se.”

But the data compel the authors to admit that “marriage per se” apparently confers some benefits that even multivariable analyses cannot account for. For instance, when looking at the data for black children, the authors concede that “the marital status gap in housing insecurity is not explained by the covariates in the [statistical] model.” Similarly, in multivariable analyses of the data of white children, the researchers find that “the marital advantage persists when considering a reduction in food and housing security.” Such findings force the researchers to concede that “among white children, there sometimes is a marriage advantage that cannot be accounted for by their parents’ socioeconomic characteristics.” For politically correct academics, such concessions can be quite painful.

(Source: Wendy D. Manning and Susan Brown, “Children’s Economic Well-Being in Married and Cohabiting Parent Families,” Journal of Marriage and Family 68 [2006]: 345-362.)

The original article can be found here: http://www.profam.org/pub/nr/nr.2103.htm#The_Mysterious_Marriage_Advantage