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Posts Tagged ‘Child Protective Services’

Parents’ Rights – Nancy Schaefer Speaks at the World Congress on Families

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Support, child trafficking, Childrens Rights, Civil Rights, Divorce, Domestic Relations, Domestic Violence, family court, Family Court Reform, Family Rights, Feminism, Liberty, Marriage, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, parental rights, Parental Rights Amendment on August 28, 2009 at 12:00 pm

Nancy Schaefer Speaks at the World Congress on Families


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Nancy Schaefer
President of Eagle Forum of Georgia

Nancy Schaefer
August 27, 2009

Nancy Schaefer, President of Eagle Forum of Georgia and Eagle Forum’s National Chairman for Parents’ Rights, spoke at the World Congress on Families V in Amsterdam, the Netherlands, on August 11, 2009.

Pro-family leaders and groups from 63 nations attended the World Congress of Families V. 900 delegates were Dutch and other nations represented included, United States, Canada, Mexico, Venezuela, Chile, the U.K., Ireland, Spain, France, Belgium, Germany, Italy, Romania, Poland, Latvia, Moldavia, Slovakia, Russia, Nigeria, Ghana, the Democratic Republic, of Congo, Kenya, Pakistan, Australia, and the Philippines. More than 3,000 people around the world watched the live telecast via the Internet.

On August 16th, Schaefer delivered, via cyber space, her speech to the Nordic Committee for Human Rights (NCHR) in Gothenburg, Sweden on the protection of Family Rights in Nordic countries.

Schaefer spoke on “The Unlimited Power of Child Protective Services” (CPS).

She told her audience “children are seized unnecessarily from their families due to federal aid created in 1974 entitled “The Adoption and Safe Families Act.” It offers financial incentives to the States that increase adoption numbers. To receive the ‘adoption incentives’ or ‘bonuses’, local CPS must have more children. They must have merchandise that sells… this is an abuse of power. It is lack of accountability and it is a growing criminal/political phenomenon spreading around the globe.”

To hear the entire speech click here.

Nancy Schaefer wrote a scathing report on “The Corruption of Child Protective Services” while serving as a State Senator of Georgia.

To read or to get a copy of Schaefer’s “Report” or her speech in Amsterdam, please visit the Eagle Forum of Georgia website at www.eagleforumofgeorgia.org

“Blessed is the nation whose God is the Lord”
Psalm 33:12

Eagle Forum of Georgia
Phone: 706-754-8321
Web-Site: www.eagleforumofga.org
Email: nancy.schaefer@nancyschaefer.com

+ Review other Parents’ Rights Articles

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.

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.

The Criminalization of Parents – Parental Rights Under Assault!

In Best Interest of the Child, Child Support, child trafficking, children legal status, children's behaviour, Childrens Rights, Civil Rights, CPS, cps fraud, deadbeat dads, Divorce, Domestic Relations, Domestic Violence, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Freedom, judicial corruption, kidnapped children, Liberty, motherlessness, mothers rights, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes on May 23, 2009 at 3:00 pm

By Stephen Baskerville
© 2009

The California appeals court decision criminalizing parents who homeschool their children is only the tip of an iceberg. Nationwide, parents are already being criminalized in huge numbers, and it is not limited to homeschoolers.

During the Clinton years, the trend toward turning children into tools for expanding government power increased rapidly. Otherwise indefensible programs and regulations are now rationalized as “for the children.”

As a result, government now has so many ways to incarcerate parents that hardly a family in America has not been touched. The criminalization of parents is highly bureaucratic, effected through a bureaucratic judiciary and supported by a vast “social services” machinery that few understand until it strikes them. They then find themselves against a faceless government behemoth from which they are powerless to protect their children or defend themselves.

Homeschoolers are usually accused of “educational neglect,” a form of child abuse. Like other child abuse accusations, it does not usually involve a formal charge, uniformed police, or a jury trial. Instead the accusations are leveled by social workers, whose subjective judgment is minimally restrained by due-process protections. As Susan Orr, head of the federal Children’s Bureau points out, these social workers are in effect plainclothes police – but they are not trained or restricted like regular police.

Homeschoolers are not alone. Any parents can be charged with “child abuse” on the flimsiest of pretexts, because child abuse has no definition. Because of our presumption of innocence, crimes are generally defined as they are adjudicated: A crime has been committed if a jury convicts. But the roughly 1 million cases of child abuse annually (out of 3 million accusations) are “confirmed” or “substantiated” not by jury trials but by social workers or (sometimes) judges.

Most such parents are not imprisoned. They merely lose their children.

Virtually every American can now tell of a relative or friend visited by the feared Child Protective Services because of a playground injury or a routine bruise.
Too many dismiss these frightening ordeals as aberrations. In fact, they proceed from a bureaucratic logic that is driven by federal funding. The more “abuse” the social workers find, the more money they get to combat it.

But serious as this is, it is still mild compared to the largest sector of semi-criminalized parents: the involuntarily divorced. The moment one parent files for divorce, even when no grounds are evinced, the government automatically and immediately seizes control of the children, who become effectively wards of the state. Astoundingly, they are then almost always placed in the “custody” of the parent that initiates the divorce, placing the divorcing parent and the state in collusion against the parent that is faithful to the marriage and family. The non-divorcing parent, even if legally unimpeachable, can then be arrested for unauthorized contact with his or her own children. Here too abuse accusations can be readily fabricated out of thin air, further criminalizing the innocent parent. He (it is usually, though not always, the father) can then be arrested, even without a shred of evidence that any abuse has occurred. He can also be arrested if he cannot pay child support that may consume most or even all his income. He can even be arrested for not paying a lawyer or psychotherapist he has not hired.

But what is most striking here – in contrast to homeschoolers – is the absence of opposition. The genius of the feminists is to vilify fathers in terms designed to incur the revulsion of decent people“pedophiles,” “batterers,” “deadbeat dads” – and too many conservatives and Christians are fooled.

In fact, the social science data are clear that these alleged malefactors are rare among biological fathers and almost entirely the creation of feminist propaganda. Accused fathers are no more likely to be criminals or child abusers than are homeschooling parents. They have merely fallen into the clutches of another sector of the child exploitation bureaucracy.

Indeed, it is well-known among scholars that true child abuse takes place overwhelmingly in single parent homes – homes without fathers. By removing fathers under trumped-up abuse accusations, the child abuse apparatchiks create the environment for real abuse, further expanding their business.

Campaigns against homeschoolers and fathers are only the extreme manifestations of the larger attack on all parents. They indicate where we all may be headed if we do not take a united stand for parental rights against a judicial-bureaucratic machine that is not only destroying families but justifying its own expansion in the process.

Though conservatives often misuse the term, two features used by scholars to define totalitarian government were its highly bureaucratic methods and its willingness to invade and destroy the private sphere of life, particularly family life.

Both these tendencies come together in the governmental leviathan that now administers our children: the education establishments, family courts, child protective services, child support enforcement agents, “human services” agencies, counseling services, domestic violence programs and much more.

The very idea that the criminal justice system has been diverted from its role of protecting society from dangerous criminals and instead used to threaten law-abiding parents with jail for educating or raising or simply being with their children should be seen by all Americans as a serious threat to our families and our freedom.

Stephen Baskerville is associate professor of government at Patrick Henry College and author of “Taken Into Custody: The War Against Fathers, Marriage, and the Family” (Cumberland House, 2007).

The original article can be found on World Net Daily: http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=58963

Parental Alienation Syndrome: A Lost Parent’s Perspective – Chapter 5 of 5

In child trafficking, children legal status, children's behaviour, Childrens Rights, Civil Rights, cps fraud, deadbeat dads, Department of Social Servies, Divorce, DSM-IV, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Freedom, judicial corruption, Liberty, MMPI, MMPI 2, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Rights Amendment, Parentectomy, Parents rights, state crimes on May 23, 2009 at 1:00 am

by Despina Vassiliou
Department of Educational Psychology and Counselling, McGill University
3700 McTavish, Montreal, QC, Canada H3A 1Y2
CHAPTER 5

SUMMARY AND CONCLUSIONS

The present qualitative study examined lost parents’ perceptions of the alienating circumstances they and their families experienced in an attempt to gain a better understanding of the nature of Parental Alienation Syndrome and its consequences. The participants included five fathers and one mother who perceived themselves as having experienced PAS. The data were collected via semi-structured, open-ended interview questionnaires. The results consisted of verbatim data transcribed from participants’ tape recorded responses. A qualitative analysis of the compiled data was performed for each participant. This section presents a summary and discussion of all the results. The four previously outlined study objectives are addressed with respect to the findings of the present study.

Question 1: Are there characteristics (e.g., number of children, number of marriages, etc.) common to alienated families?

Previous studies on alienation that have examined the role of family characteristics as possible factors in the occurrence of the alienation have found differing results. For instance, in the study conducted by Dunne and Hedrick (1994) family characteristics were not found to be a factor of PAS, whereas a study conducted by Calabrese et al., (1987) found that characteristics of individuals were better predictors of alienation than family characteristics. Specifically, high levels of alienation were found to be associated with unemployed, single mothers with a daughter. Further, the daughter was found to have had few friends. Although a number of the participants in the present study had tended to only one PAS child, the lost parents tended to remarry after the alienation, and the alienators had tended to relocate with the PAS child. These results were found to be weak indicators of PAS as they were not reported by a majority of the participants (i.e., greater than 50%). Supporting the results of Dunne and Hedrick (1994), it appears that family characteristics such as number of children, number of marriages, and number of relocations are weak indicators in the occurrence of PAS. Though these findings contradict those of Calabrese et al., (1987), they examined different family characteristics reported by the alienator and found that individual family members characteristics, such as the alienator’s employment and the gender of PAS and non-PAS children were relevant in the occurrence of PAS. Further study is required with a larger sample and more detailed questions concerning the number and gender of PAS children and non-PAS children, the number of marriages by both alienator and lost parent, the current marital status and employment of each parent, and the number and reasons for relocations. With these specific questions, a larger sample, and a comparison group of non-PAS divorced families, more light might be shed on the role of family characteristics in the occurrence of PAS.

Question 2: Are there common themes or issues among the conflicts within couples that contribute to marriage dissolution?

Previous studies examined the effects of conflict involved in separation and/or divorce on individual family members. For instance, Johnston, Gonzalez, and Campbell (1987) examined the behaviour of children from separated and/or divorced families who were subjected to “entrenched” parental conflict regarding their custody. It was postulated, in the current study, that an elevated level of conflict contributed to the occurrence of PAS. However, the results suggest that the dissolution of the PAS marriages occurred with varying degrees of conflict, from high levels of conflict including physical aggression, to situations with absolutely no conflict. The current study also found that with time, the majority of the participants reported strained relationships with their ex-spouses, where most had little or no contact with their ex-spouses due to a degradation of communication between the parents. These results suggest that there may be other factors aside from initial marital conflict that contributes to the occurrence of PAS. Lund’s (1995) findings indicated that a heightened number of conflicts occurring during the divorce, not during the marriage, may contribute to the occurrence of PAS. Again, further study of separating families is necessary to determine whether it is other factors that occur during the dissolution of the marriage and subsequent custody proceedings or if it is the time of the conflicts with respect to the divorce that plays a more significant role in PAS. Such studies should consist of a long-term examination of the situations that occur in separating families and the family member’s responses to them. For instance, a future study may have participants maintain daily journals that chronicle the events of the separation and these journals may later be analyzed qualitatively in order to determine whether any similarities exist across different families.

Question 3: Are there common themes in the participants’ experience of the alienation process?

Several common themes among the cases were found in the present study. Interestingly, these commonalties spanned the continent; they were not focused geographically. One commonality was that the PAS children were “enlisted” by the alienating parent as secondary alienators to them (i.e., to the primary alienator) to contribute to the alienation. This finding is consistent with the characteristics of PAS children described by Gardner (1992). Also described by Gardner (1992) and Cartwright (1993), others such as grandparents participated and contributed to the alienation. The reasons for which extended family members participate in that alienation remains unclear. Although there is some support for the notion that the closeness of these other alienators to the alienating parent may play a role, the results were inconclusive. A future study could contribute to the knowledge of PAS by examining the roles of the extended family members of PAS children.

A second commonality was that the lost parents reported feeling powerless as a result of the alienating situation. Others, especially the children, appeared to have gained control of the lost parents’ behaviour. These children could determine when, if at all, they would see their lost parent under what circumstances, and particularly what the lost parent would do with the child. The lost parent had to be careful not to anger their child lest they not see the child again. The sense that power shifted from the parent to the child, although not previously examined in the field of PAS, remains a logical consequence of the custody proceedings. As Turkat (1994) noted, the family undergoes a shift from having two parents who make decisions for the child, to one parent becoming a “visitor” in the child’s life. The “visiting” parent then loses the influence that he or she had previously and is unable to make the same decisions as he or she once did.

Third, the results suggest a lack of satisfaction with the services rendered by both legal and mental health professionals. The participants perceived a lack of knowledge of PAS on the part of the professionals, as well as a failure at the professional level to gather pertinent information prior to drawing conclusions. Participants perceived the psychological services they received as not helping the alienating situation, and perceived the legal professionals as supporting and even contributing to the alienation. The sense of dissatisfaction toward mental health professionals may be merited. Currently, there is a minimal amount of research conducted on PAS by psychologists and psychiatrists. Consequently, the number of these professionals who have any knowledge and understanding of PAS may be limited. Further research and discussion of the topic is imperative in order to provide more mental health professionals with greater knowledge of PAS and the intervention techniques that may be useful.

Legal professionals appear to be more aware of PAS as more articles are published by lawyers. However, the dissatisfaction with the legal system appears to stem from lawyers contributing to the alienation. Many have postulated that the legal system contributes to the occurrence of PAS (Gardner, 1992; 1991; Clawar & Rivlin, 1991; Dunne & Hedrick, 1994; and Girdner 1985). For instance, Cartwright (1993) had noted that prolonged legal proceedings contribute to the occurrence of PAS. Much of the blame for the occurrence of PAS may be related to the dissatisfaction the lost parents experienced with the legal system. This dissatisfaction may be due to the lost parents losing primary custody of their children to alienators. As a result, it is imperative that indicators and precursors of PAS be established in order to better inform judges, lawyers, and mental health professionals about PAS. These professionals, working together, can influence the outcome for PAS families. Their influence is shown with the findings of Dunne and Hedrick (1994) who linked the termination of PAS to the legal enforcement of a change in custody from the alienators to the lost parents. This finding was the only one to suggest an effective intervention for PAS families. Specifically, a possible intervention includes mental health professionals identifying PAS families to the legal professionals, who can then legally enforce the necessary change in custody.

The role of these professionals is also to inform others of PAS and its consequences. Currently, Anita Woolfolk (1998), in her bestselling textbook Educational Psychology, provides some startling information to student teachers. In her note to be “sensitive” to the rights of information for both parents, she suggests the following:

1. “When parents have joint custody, both are entitled to receive information and attend parent-teacher conferences.”
2. “The noncustodial parent may still be concerned about the child’s school progress.” (emphasis added) (p. 96)

In her first point, she neglects to mention the rights of noncustodial parents and when she does so in her second point, she states that they “may still be concerned” about their child. Such remarks provide future teachers with the impression that once a parent loses custody they also lose their parental rights and feelings for their children. Under Quebec law, Article 648 stipulates that a parent retains parental authority even if that parent does not have physical custody of the child (as cited in Department of Justice Canada, 1993). Specifically, parental authority is elaborated in Article 647 of the Quebec Civil Code (as cited in Department of Justice Canada, 1993) is stated as follows:

The father and mother have the rights and duties of custody, supervision and education of their children. They must maintain their children.

Fourth, the results of the present study suggest that the lost parents attributed the cause of the alienation to the alienators’ feelings and desires. Specifically, they perceived the alienators’ actions as motivated by hate and anger, revenge or some combination of these. However, these results lack enough detail to determine whether these motivations may be influenced by the influences that Gardner (1992) had suggested, such as the alienators’ mental health and the legal system. Specifically, the motivations of hate and/or anger and revenge found in the present study may be mediated by the alienators’ mental health as well as the alienators’ reactions to the lengths, processes, and outcomes of their legal cases.

Fifth, the results suggest a change in the frequency of visitation and custody arrangements impact on the relationships between the lost parents and their children. The participants reported that primary custody was given to the mother at the onset of the divorce, regardless of who later became the alienator and who later became the lost parent. Further, the fathers all had a consistent visitation schedule at the beginning of the custody arrangements (e.g., one weekend every two weeks). The final custody arrangements resulted in the alienators receiving custody and the lost parents receiving a significant reduction in their visitation schedules from half the original plan to no contact at all. Of interest is the apparent gender bias in initial custody agreements; specifically, mothers received primary custody. However, following the alienation all the lost parents — even the mother with initial primary custody — had their visitation drastically reduced. Moreover, as expected with a reduction of visitation, the lost parents described limited relationships with their children to whom they often wrote without reply. The only exception were two fathers who related that they probably maintained a relatively steady relationship with their children because the PAS was mild and even one of these fathers was alienated from his eldest child and with whom he had a limited relationship.

Overall, these findings indicate that there are several possible factors, such as changes in relationships among family members, the roles of mental health and legal professionals, as well as custody arrangements, that may be indicators or precursors to PAS. All of these factors lend support to several of Lund’s (1995) findings. First, Lund’s (1995) identified separation difficulties that are developmentally inappropriate as a contribution to PAS. It is possible that the pattern of the change in custody arrangements (where the alienator received primary custody at the end of the custody dispute) may result in the separation difficulties described by Lund’s (1995). Second, a characteristic of PAS children is that they exhibit some form of “oppositional” behaviour at least to the lost parent, as supported in the present study. Third, Lund’s (1995) also found that the non-custodians’ parental skills deteriorated and contributed to the occurrence of PAS. Such deterioration of the parental skills may be a result of the lost parent’s sense of lost power over their situation and, as indicated in the present study, they did not exercise their usual parenting styles. The lost parents reported that they felt that disciplining the PAS child may result in the child becoming angry and retaliating by denying visits with the lost parent. Since there appears to be several factors that may influence the occurrence of PAS, a long-term study that examines these singly and in combination may provide a useful insight as to possible indicators.

Question 4: Given the opportunity, what are some things that the lost parents perceive they might do differently?

The results of the current study suggest that armed with the knowledge they have now, each participant would have taken other means in order to prevent the current alienated situation from ever occurring. Examples of the means they would take include never having married, taking different legal routes, or seeking psychological services at an earlier date. Few studies have addressed this issue, however, the importance of preventing PAS is evident in that all of the participant’s would never want to repeat the experience.

A summary of the findings of the present study is as follows:

(1) Family characteristics, such as number of children, number of marriages, and the alienators number of relocations were weak factors in the occurrence of PAS.
(2) Marital conflicts and their intensity were weak predictors in the occurrence of PAS.
(3) As expected, the relationship between the alienating and lost parents were strained after the onset of PAS.
(4) There was a general decrease in the frequency of visitation for the lost parent which may or may not have been due to PAS.
(5) There was a reduction of other contacts (aside from visitation) between the lost parents and their children that, as expected, limited their relationship.
(6) By the very nature of PAS, all of the participants perceived a general “sabotage” of their relationships with their children by the alienators. The findings confirmed that the alienators used denigrating techniques (e.g., implying that the lost parents were not good people).
(7) The children acted as secondary alienators.
(8) The alienator’s closer family members tended to also alienate.
(9) The participants perceived the underlying cause of the alienation as the hatred toward the lost parents, anger, or revenge, or some combination of these.
(10) The lost parents experienced a loss of parental role and power whether or not they had visitation with their children.
(11) Although the lost parents sought the assistance of both legal and mental health professionals, they remained dissatisfied with these services. Both the legal and mental health professionals have inadequately explored all the parameters implied in PAS.
(12) The participants, provided that they had the knowledge about PAS that they presently have, would have behaved differently towards their ex-spouse.
(13) As expected, the participants perceived the alienating circumstances as exerting serious negative emotional and financial consequences on their lives.
(14) They hoped to be able to be reunited with their children in the future. They would be able to do so by maintaining contact with the children (i.e., by sending letters and cards). These findings illustrate both the complexity and seriousness of PAS. Thus the ability to identify precursors, indicators, and effective interventions for these families is essential.

Limitations of the Study and Recommendations for Additional Research

The research conducted in the present study involved a small sample of participants who described themselves as victims of PAS and consequently, generalizations can only be made cautiously. Although some pre-defined criteria were given as a basis for choosing the participants, additional specific criteria are necessary. For instance, a useful future criterion may be that the participants be identified as PAS subjects by trained professionals. However, due to time limitations, a lack of resources and the difficulty of identifying cases of PAS when there were so few professionals who had any knowledge of PAS, it might be difficult for a researcher to include this criteria. Second, interviews were conducted by telephone due to the great distances involved. Such a means of interview may be prone to overlook or minimize important qualitative data from nonverbal cues. Ideally, with a larger sample size, possibly a random sample, and the inclusion of a comparison group (e.g., families involved in amicable divorces) greater generalizability may be attained in such a study. To date there is very little research specifically on PAS; much that is known remains tentative. Further building on the data base available to researchers to date can provide greater information upon which to base hypotheses for future research.

The importance of a greater wealth of knowledge on PAS is evident by examining the focus placed on problems encountered in custody disputes by the government. The Senate of Canada has debated drafts of legislation Bill-C41, whose principle is to have both spouses share the “financial obligation to maintain the children of the marriage in accordance with their relative abilities” (Chapter 1, article 11-2). As a result, the Senate of Canada and the House of Commons has created a Joint Committee on Custody and Access. The purpose of this committee is to “examine and analyze issues relating to parenting arrangements after separations and divorce” (Senate Debates, October 28, 1997, pp. 253). Senator Anne C. Cools presented a speech to amend certain aspects of the Joint Committee. The amendment passed and has been sent to the House of Commons for their approval. The amendment Senator Anne C. Cools proposed was to have the Joint Committee on Custody and Access examine important issues relating to separation and divorce. Specifically, she noted that issues such as Parental Alienation Syndrome and false allegations of sexual abuse are difficulties that non-custodial parents encounter. As a result the Committee will set out to:

assess the need for a more child-centred approach to family law policies and practices that would emphasize joint parental responsibilities and child-focused parenting arrangements based on children’s needs and best interests; (Senate Debates, p. 257)

The Committee will be examining issues related to custody and access to children after divorce and separation. Mental health professionals will likely be sources of information for this Committee, and Parental Alienation Syndrome will likely be a relevant issue to be examined. Consequently, mental health professionals need to examine PAS further in order to provide both pertinent information to the Committee and more importantly help for the families of PAS.

References

Arditti, J. A. (1992). Factors related to custody, visitation, and child support for divorced fathers: An exploratory analysis. Journal of Divorce and Remarriage, 17(3-4), 23-42.

BILL-C41, Chapter 1, Statutes of Canada (1997).

Calabrese, R. M., Miller, J. W., and Dooley, B. (1987). The identification of alienated parents and children: Implications for school psychologists. Psychology in the Schools, 24, 145-150.

Cartwright, G. F. (1993). Expanding the parameters of parental alienation syndrome. The American Journal of Family Therapy, 21(3), 205-215.

Child custody and access reform: Special joint committee established, Senate of Canada, Senate Debates, 1997.

Clawar, S. S., and Rivlin, B. V. (1991). Children Held Hostage: Dealing with Programmed and Brainwashed Children. Chicago: American Bar Association.

Demo, A. H. and Acock, A. C. (1988). The impact of divorce on children, Journal of Marriage and the Family, 50, 619-648.

Department of Justice Canada (1993). Custody and access: Public discussion. Canada, Ministry of Supply and Services Canada.

Dunne, J., and Hedrick, M. (1994). The parental alienation syndrome: An analysis of sixteen cases. Journal of Divorce and Remarriage, 21(3/4), 21-38.

Gardner, R. A. (1991). Psychotherapeutic and legal approaches to the three types of parental alienation syndrome families. In Family evaluation in child custody mediation, arbitration, and litigation. Cresskill, NJ: Creative Therapeutics.

Gardner, R. A. (1992). The Parental Alienation Syndrome: A Guide for Mental Health and Legal Professionals. Cresskill, NJ: Creative Therapeutics.

Girdner, L. K. (1985). Strategies of conflict: Custody litigation in the United States. Journal of Divorce and Remarriage, 9(1), 1-15.

Goldwater, A. (1991). Le syndrome d’alienation parentale[in English]. In Developments en droits familial (pp. 121-145) Cowansville, Quebec: Les Edition Yvons Blais.

Hoffman, M. L. (1971). Father absence and conscience development. Developmental Psychology, 4, 400-406.

Johnston, J.R., Gonzalez, R., and Campbell, L.E.G. (1987). Ongoing postdivorce conflict and child disturbance. Journal of Abnormal Psychology, 15(4), 493-509.

Kressel, K. (1985). The process of divorce. New York: Basic Books.

Kurdek, L. A. (1981). An integrative perspective on children’s divorce adjustment. American Psychologist, 36(8), 856-866.

Lund, M. (1995). A therapist’s view of parental alienation syndrome. Family and Conciliation Courts Review, 33(3), 308-316.

Palmer, N. K. (1988). Legal recognition of parental alienation syndrome. The American Journal of Family Therapy, 16(4), 360-363.

Slater, E. J., and Haber, J. D., (1984). Adolescent adjustment following divorce as a function of familial conflict. Journal of Consulting and Clinical Psychology, 52(5), 920-921.

Rand, D.C. (1997). The spectrum of parental alienation syndrome: Part I. American Journal of Forensic Psychology, 15(3), 23-52.

Turkat, I.D. (1994). Child visitation interference in divorce. Clinical Psychology Review, 14, 737-742.

Woolfolk, A. E. (1998). Educational psychology: Seventh edition (pp. 96). Toronto: Allyn and Bacon.

Yin, R. K. (1984). Case study research, designs and methods. Beverly Hills.

APPENDIX A

LETTERS TO PARTICIPANTS

PARENTAL ALIENATION STUDY

If you or someone you know has experienced Parental Alienation Syndrome (PAS) and are willing to participate in a study, please contact Despina at (514)-840-1159 or via e-mail at dvassi@PO-BOX.Mcgill.Ca.

*PAS is defined as a syndrome where one parent (usually the custodial parent) attempts to alienate the child or children from another parent. It includes a series of conscious and subconscious techniques, such as brainwashing, by the alienating parent, as well as the child or children’s own contributions for denigrating the allegedly hated parent (Cartwright, 1993, Gardner, 1992).

APPENDIX B

CONSENT FORMS

Note: All consent forms will be kept by the researcher (Despina Vassiliou) until the completion and acceptance of her thesis and graduation. After that time, the consent forms will be destroyed.

Consent Form
McGill University Research Project

The Effects of Parental Alienation Syndrome on Individual Family Members

Dear Sir/Madam,

We are presently conducting research that will examine the development of Parental Alienation Syndrome (PAS)* within the family unit. More specifically, we are interested in examining each of the family member’s role in the alienation process. Participants will be asked a series of questions pertaining to the alienating relationships within the family unit. The questions are straightforward and will take approximately one hour to discuss and will be tape recorded. Your responses will be kept completely confidential and anonymous. You are not under any obligation to participate, and you may choose to discontinue the study at any point. If you agree to participate in this research project, please sign the form below.

We greatly appreciate your consideration of this project. We would be delighted to provide more background information and answer any questions you might have. For more information, please do not hesitate to contact us. Thank you.

Sincerely,

Despina Vassiliou
MA student, School Psychology
McGill University
514-398-4257

Glenn F. Cartwright, Ph.D.
Associate Professor, Educational Psychology
McGill University
514-398-4240

I, ________________________, agree to participate in the McGill PAS study.
(Please print your name in full)

Participant’s Signature

Date

APPENDIX C

INTERVIEW QUESTIONNAIRES

Interview Questions

Current Status:
1. Describe to me your current family constellation?
· How many children do you have?
· Are they currently living with you?
· If no, how often do you get to see them if at all?
· Have you remarried?
2. Describe your current relationship with your ex-spouse.

Beginning of the Marital Dissolution:

3. When did the conflicts that lead to the dissolution of your marriage begin?
4. Did you see a common theme or issue in the conflicts?
5. How long did these conflicts before divorce became an option?
6. Who initiated the divorce and on what grounds?

Initiating and Proceedings of the Custody Case(s):
7. Describe the events that lead up to the custody proceedings?
8. How long was each of the legal cases (custody and divorce)?
9. Do you remember an occasion during the custody proceedings that lead to the delay of the case?
If yes,
· What effects did the delay have on the case?
· What effects did the delay have on your children and your relationship with them?

Contributions to P.A.S.:
10. Tell me some factors that contributed to the alienation in your case?
11. Do you believe that you had any role or make any contributions to the alienating situation?
12. What were your children’s role in the alienation? Describe some of their behaviours.
· Describe some of your behaviours or actions that contributed to the alienation?
13. Tell me about the effects of the alienation on your relationship with your children?
14. Describe for me your relationship with your children today?
15. Do you remember an occasion when other individuals contributed to the alienation? (How?)

Cause and Possible Termination of P.A.S.:
16. For how long did the alienation occur (in months)?
17. What do you believe was the underlying cause of the alienation?
18. How do you feel about the alienation now?
19. Has the alienation ceased? In your opinion, why is this so?
If the alienation has ceased:
· How long has it been since you have been removed from the alienated situation?
· Can you tell me about the circumstances that have made it possible for the alienation to have been terminated?
If the alienation has not ceased:
· Do you believe that there is a possibility of a reconciliation?
· If yes, what do you believe would make a reconciliation possible?

Looking Back:
20. When and how did you realize the implications of what was occurring, with regard to the alienation?
21. What do you feel is the impact of this whole experience on your life?
22. Had you or any of your family members sought out services for emotional assistance?
If yes,
· Who? And for what reasons?
· What was the outcome? (Were there any diagnoses made? Were you taking any medication?)
If not,
· How did you or they cope with the situation on your/their own?
23. How do you view the experience now as compared to how you viewed it then (while you were experiencing it)?
24. Has your opinion changed over time? How much time? How did it change?
25. Is there anything else that you would like to change or do over again?

APPENDIX D

SAMPLE PAGE OF TRANSCRIPT

APPENDIX E

CERTIFICATE OF ETHICAL RESPONSIBILITY

The original article can be found here: http://www.fact.on.ca/Info/pas/vassil98.htm#CHAPTER%205

How Our Tax Dollars Subsidize Family Breakup

In Best Interest of the Child, Child Support, child trafficking, children legal status, children's behaviour, Childrens Rights, Civil Rights, cps fraud, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Freedom, judicial corruption, kidnapped children, Liberty, motherlessness, mothers rights, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Rights Amendment, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes on May 22, 2009 at 10:55 pm

By Stephen Baskerville
© 2009

Divorce and unwed childbearing cost taxpayers at least $112 billion each year or more than $1 trillion over the last decade. This estimate from the Institute for American Values is, as the authors suggest, likely to be an underestimate.

This staggering but plausible tally of the economic costs of family dissolution follows what we have long known about the social costs. All our major social ills – poverty, violent crime, substance abuse, truancy and more – are more closely linked to family breakdown and single-parent homes than to any other factor. A poor black child from an intact home is more likely to succeed than a rich white one from a single-mother home.

It is hardly surprising that massive financial costs follow from this: Welfare, law enforcement, education, health care – all these budgets are justified by the pathologies generated by single-parent homes. Indeed, family dissolution not only creates costs; by destroying society’s basic economic unit, it also prevents generating the wealth to meet those costs.

This is not to deny that we bear responsibility for all this through our sexually dissolute lifestyle, but the consequences of that lifestyle have already become institutionalized in coercive government policies. Diabolically, the very government programs advertised as addressing these social ills are the ones actually generating them. The result is a government perpetual-growth machine that will continue to expand until we have the courage stand up and unequivocally demand that it stop.

It began with welfare. Programs advertised as relieving families that had lost the father’s wages due to war and economic hardship became a bureaucratic mechanism for driving more fathers from the home. The result was the vast welfare underclass we usually associate with low-income minority communities – the vast breeding grounds of crime, drug abuse, truancy, teen pregnancy, child abuse and other horrors that soak up taxpayer dollars.

But now it is becoming even more serious. Divorce has transformed welfare programs into mechanisms for creating fatherless homes in the middle class. And here the welfare bureaucracies go further: After driving out the fathers, they are seizing family wealth and even incarcerating the fathers.

This criminalization of parents is not isolated. Perhaps the earliest welfare state provision was the public school system, which jealously guards its prerogatives of using children as political pawns. The recent California appeals court decision allowing the criminalization of homeschoolers is only one indication of government’s increasingly aggressive stance toward parents. The federal decision in Fields v. Palmdale, ruling that parents have no right to a voice in their children’s public school education, is another.

But schooling is only one arena. The divorce machinery is even more authoritarian. The divorce apparatus has so many methods of seizing children and family assets and for incarcerating parents that it is a wonder any families remain.

For example, child support enforcement is advertised as a way to recover welfare costs by forcing “deadbeat dads” to support children they “abandon.” In reality, it has become a massive subsidy on middle-class divorce, effectively bribing mothers to divorce with the promise of a tax-free windfall subsidized by taxpayers. It is also a means for incarcerating fathers without trial who cannot pay the extortionate sums. Far from saving money, child support enforcement loses money and – far more serious – subsidizes the divorces and unwed births that generate these additional costs.

Programs ostensibly for “child abuse” and “domestic violence” – problems also originating in single-parent welfare homes – have likewise become tools to create single-parent homes in the middle-class through divorce proceedings. Patently trumped-up accusations of child abuse or domestic violence, presented without any evidence, are used to separate fathers from their children and, likewise, to jail them not through criminal trials but through “civil” divorce proceedings and in new, openly feminist “domestic violence courts.” Thus does family dissolution also undermine our most cherished due process protections.

Further, mothers are not only enticed into divorce with promises of lucrative support payments; they are also coerced into it through threats of losing their children themselves. Mothers are now ordered to divorce their husbands on pain of losing their children through spurious child abuse accusations. Intact middle-class families now live in fear of a visit from the dreaded “child protective services” with the possibility of losing their children.

This machinery cannot be brought under control by marriage therapy programs, as the Institute for American Values advocates. While private church-based and community efforts like Marriage Savers should be encouraged, government psychotherapy merely puts more vested interests on the public payroll. We must demand that our tax dollars stop subsiding family breakup and ills that in turn require ever more tax dollars. By subsidizing the destruction of families, we are subsidizing the progressive impoverishing of our society. Indeed, by subsidizing the criminalization of both fatherless children and fathers, we are paying for the destruction of our freedom.

It is simply not possible to allow the family to unravel without having our civilization do the same. Yet that is precisely what we are doing.

Yet, even this is only the beginning. More alarming still are the political costs. For contrary to the beliefs even of most conservatives, divorce and unwed childbearing are not the products merely of a decadent culture. They are driven by government – the same government that is extracting $112 billion annually from our pockets.

The original article can be found on World Net Daily: http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=62594

Newsweek’s Lies about Divorce

In adoption abuse, Best Interest of the Child, 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, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Freedom, Homeschool, judicial corruption, kidnapped children, Liberty, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Rights Amendment, Parentectomy, Parents rights, state crimes on May 22, 2009 at 6:16 pm

Posted: December 30, 2008
1:00 am Eastern

By Stephen Baskerville
© 2009

Divorce is the main cause of family destruction today, and fatherless children are the principal source of virtually every major social pathology. Yet divorce is ignored by the mainstream media to the point of blackout. Now, Newsweek magazine offers a revealing exception that proves the rule. Newsweek’s depiction of divorce is so trite and clichéd that it seriously distorts what is happening.

Most Americans would be shocked if they knew what takes place today in the name of divorce. Indeed, millions are appalled when they discover that they can be forced into divorce, lose their children and even be jailed without trial – all without having violated any law and through procedures entirely beyond their control. Comprised of courts, bar associations and federally funded social services bureaucracies that wield police powers, the divorce machinery has become the most repressive and predatory sector of government ever created in the United States and today’s greatest threat to constitutional freedom.

Yet, we hear not a word of this from Newsweek. As is de rigueur in journalism today, reporter Susanna Schrobsdorff begins not with objective facts or disinterested analysis but by publicly displaying her own divorce. And what a joyous occasion it was. Despite pretentious pathos (also obligatory in today’s media), it is clear that no one forced her into this.

The usual assortment of divorce lawyers and feminists are then trotted out to mouth the standard clichés of the divorce industry: parents must “cooperate” and “put the children first,” caring courts are now generous to fathers, etc. “Their dad and I had read the divorce books and rehearsed our speech about how none of this was their fault, that we loved them,” she recounts. “All of this was true, but it seemed insufficient.”

It was insufficient (by her own account, the children went berserk) because it was not true. Love demands we put the needs of those we claim to love before our own desires. If divorce proceeds from love, then the word has become meaningless.

Fifteen-year-old Amy Harris, quoted in the Sunday Times, offers a scathing rejoinder to Ms. Schrobsdorff’s rehearsed speech: “Parents always say they are not leaving because of the children. Is that supposed to make the children feel better?” she asks. Amy continues:

Does that take all the guilt off the child’s shoulder? No, it’s all rubbish. Children feel that they weren’t enough to keep their parents, that their parents didn’t love them enough to keep them together. I know I did not drive my father away, but I did not keep him either.

Newsweek offers no recognition that parents who oppose divorce in principle are simply divorced without their consent, whereupon their children (with everything else they have) are seized without any further reason given. What Newsweek presents as cooperation “for the children” in reality means “cooperate with the divorce if you ever want to see your children again.”

The mendacity is especially glaring regarding fathers. “Changes in child-support laws, and a push by fathers for equal time, are transforming the way this generation of ex-spouses raise [sic] their children,” claims the carefully worded headline. Yet, Newsweek provides no evidence of any such changes; in fact, it concedes that “Most often, children still end up living primarily with the mother” and that “moms are the official primary residential parent after a divorce in five out of six cases, a number that hasn’t changed much since the mid-’90s.”

One divorce lawyer claims that “most states have provisions that say gender can’t be the determining factor in deciding who is going to be the primary custodial parent,” but he does not tell us that such provisions are ignored.

The magazine’s account of child support is likewise distorted. Advertised as providing for children who have been “abandoned” by their fathers, child support is in reality the financial engine driving divorce, offering generous windfalls to mothers who break their vows, while criminalizing fathers with debts most have done nothing to incur and that are far beyond their means.

“Most states have passed legislation that ties child-support payments to how much time a child spends with the nonresident parent paying the support,” says Newsweek, commenting that “if a father spends more than a given threshold of nights with his kids, he can have his child support adjusted according to formulas that vary by state.” No, what this means is that he is less likely to see his children, because both the mother and the state government will lose child support money. Both have a financial incentive to reduce his time with his children as much as possible. Child support makes children fatherless.

A lawyer from the American Academy of “Matrimonial” Lawyers claims that men want custody half the time so that they can pay half the support. This dishonest slur on fathers constitutes an open admission that child support payments vastly exceed the cost of raising children.

Divorce destroys many more families than same-sex “marriage” – which itself has arisen only because of the debasement of marriage through divorce. It is time for the responsible media to expose the unconstitutional divorce apparat. Otherwise, our professed concern for marriage and the family will ring hollow.

The original article from Stephen Baskerville can be found on World Net Daily: http://www.worldnetdaily.com/index.php?pageId=84810

Parental Alienation Syndrome: A Lost Parents’ Perspective – Chapter 4 of 5

In California Parental Rights Amendment, child trafficking, children legal status, children's behaviour, Civil Rights, CPS, cps fraud, deadbeat dads, Divorce, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Freedom, Liberty, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parentectomy, Parents rights, state crimes on May 21, 2009 at 1:00 am

by Despina Vassiliou
Department of Educational Psychology and Counselling, McGill University
3700 McTavish, Montreal, QC, Canada H3A 1Y2


CHAPTER 4

RESULTS

This chapter presents the results of the data analysis described in Chapter 3.

Family Data

For the determination of indicators of PAS, the study of family data was an important area to examine first as there may have been some characteristics relevant in the occurrence of PAS.

(a) Family Constellation: Information about participants’ family characteristics such as marital status, number of marriages, length of alienating marriage, and number of PAS and non-PAS children were included. The information gathered pertaining to the family constellation was attained primarily through probing with the questions developed by the researcher which were part of the questionnaire shown in Appendix C.

Results: Three of the six participants had remarried after the alienating marriage and another participant reported that he was living with a partner. Of the remaining participants, one was continuing legal proceedings and the other, the only female participant, had remained unmarried since the divorce. The length of the alienating marriages ranged between three and thirteen years.

Four of the six participants each had one child (two of whom were girls) from the PAS marriage, one participant had two children of PAS (two boys) and another had three children (two of whom were boys). Four of the six participants had no other children outside of the PAS marriage (one participant was living with his partner’s children) and two participants had two children outside their PAS marriage. However, the lost parents tended to have had only one child from the PAS marriage and tended to have remarried after the PAS marriage ended. See Table 1 for a summary of the results. These results suggest a lack of common family characteristics inherent in PAS families.

Table 1

Summary of the participants’ family constellations:

Participants Marital Status Total Number of Marriages Length of
PAS marriage (in years)
Number of PAS children Number of non-PAS children
1 Married 2 3 1 2
2 Married 2 13 3 0
3 Divorced 1 9 2 0
4 Married 2 8 1 2
5 Divorced 1 9 1 0
6 Cohabitant 2 5 5 1

(b) Relocation: Information for this area was not probed. The participants related this information primarily when discussing either alienating techniques or the marital dissolution. Specifically, the data gathered pertained to any of the participants’ references to his or her own, or the child’s (with the alienator) change of home(s), whether to a different home, town, city, state or province, or country.

Results:
The number of relocations per alienated family varied. The participants reported that they or their children (of the PAS marriage) had relocated between one and ten times. The father who reported that his ex-spouse and the PAS child relocated approximately ten times, had done so in the same city and simply relocated to ten different houses. Three of these participants reported at least one relocation of the alienator to another city or town. Only one parent attributed his ex-spouses’ repeated relocation to other cities as an alienation technique to prevent him from seeing his child. The remaining participants did not indicate whether or not their ex-spouses with the PAS children had relocated since the divorce. Only one alienated father indicated that he had relocated after the alienating marriage and he reported doing so in order to remain in close contact with his daughter who was being relocated by the alienating mother. The lost parents tended to report the relocation of the alienator with the PAS child or children after the marriage with little or no indication of their own relocation. Further, the nature and the reasons behind the relocations were not given. This information was not probed further as this was not an intended area of study. Thus the results suggest that the alienators’ change of home may not be a salient characteristic of PAS families. The overall results from the family data suggest that family characteristics such as number of PAS children, number of marriages, and the alienators’ relocations were weak indicators of PAS.

Dissolution of the Marriage

Another area indicative of the underlying reasons for the occurrence of PAS concerns the dissolution of the marriage. By broadening the examination of PAS into this area the issues of conflicts may be addressed, as well as indicators of the relationship between the alienator and the lost parent.

(a) Cause of marital dissolution: Primarily via the researcher’s questioning, data were gathered that pertained to any issues and conflicts that occurred within the marriage that the participants perceived as resulting in negative consequences for the marriage (i.e., leading to the dissolution of their marriage).

Results: Participants reported various reasons for the dissolution of the marriage. Those participants (four of the six) who initiated the divorce reported a breakdown in the relationship between themselves and their spouses for various reasons. A participant reported that his friends urged him to initiate the divorce due to the way his wife at the time treated him. He noted that she became physically violent at times:

She ripped my shirt off my back. On one occasion she took the flower pot and almost threw it on the lid of the car when I was backing up…She would just get in this rage when I would leave.

The remaining two participants reported that they were unaware that their wives wanted divorces and they were in disbelief when the divorce proceedings began. One participant described how he found out his wife had left him: her mother informed him of the impending divorce: “X decided to divorce you, that’s the only way she can be happy is if she divorces you and…you just have to live with it, that’s how it is.” In his own words, the participant explained “…she apparently decided to…divorce me and I didn’t know.” These results suggest that marital conflicts and their intensity are weak predictors in the occurrence of PAS as participants either reported no conflicts that led to the dissolution of the marriage or, if conflicts did occur, a variety of issues were reported as resulting in conflicts.

(b) Current relationship with ex-spouse: The researcher had probed the participants to describe their current relationship with their ex-spouses. The issues relating to this topic presented in the data pertained to the verbal and physical interactions between the participants and the ex-spouses in the alienating situation.

Results: The participants reported that they currently engaged in little or no communication with their ex-spouses (the alienators). Three of the six participants stated that they had no contact with the alienator for one to three years. As one participant explained his current relationship with is ex-wife: “…there’s not too much to the relationship. I haven’t talked to her for about three or four years.” Two of the remaining three participants reported that they had some communication, however this communication was often limited to e-mail or to requesting to speak with the children over the phone. Those participants who reported having had some limited contact with the alienators described their relationships as tense. One participant explained her relationship with her ex-spouse as “very tense and… unpredictable at times.” There was one exception, a participant described his relationship with his ex-spouse as a relationship that they were “working on”. Previously their relationship was strained, however a change in their relationship occurred when, recently, his ex-spouse was diagnosed with a terminal illness. The results suggest that the participants’ experienced either an on-going strained or chronic lack of relationship between themselves and their ex-spouses (the alienator).

Overall, the findings indicated that related to the dissolution of the marriage, the conflicts between the participants and their ex-spouses were of varying issues and intensity. Specifically, the nature and intensity of the conflicts appeared to be weak indicators of the occurrence of PAS. The results also suggest, however, that after the dissolution of the marriage and the occurrence of PAS, the relationship between the alienator and the lost parent was virtually strained or non-existent.

Relationship with the PAS children

The importance of studying PAS is evident in its effects on the children and their relationship with their lost parents. Examining the frequency of visitation and the lost parents’ relationship with their children may provide insight as to the impact of PAS on the children and their relationships with their lost parents.

(a) Frequency of visitation/contact: The researcher probed the participants for information pertaining to the amount of contact between the participant and his or her child (or children). Contact was defined as any interaction between individuals whether by conventional mail, e-mail, telephone, or physical (“face to face”) contact.

Results: All of the participants reported that the mother had primary custody of the children at the time of divorce or separation. Visitation for the fathers was approximately every second weekend, with the exception of one father who was allowed visitation five days a week for five hours per day. Since the finalization of the divorce or the implementation of the custody agreement, all of the alienated parents had their visitation drastically reduced, including the alienated mother who initially had primary custody. Upon asking her how often she sees her children, if at all, her response was “none.” Most of the alienated parents had not seen their children via a court implemented visitation for up to four years. Those parents who continued to have visitation had less frequent visits than when they were first divorced or separated (e.g., instead of every second weekend, a father reported that his visitation had been reduced to once a month). For instance, one father described his reduction in visitation as follows: “…about three years ago…it [visitation] was once or twice a week, and since then….I can see him about once a month.” Overall, the results suggest that a change in the frequency of visitation and custody arrangement occurs with these PAS families. The change of visitation and custody arrangement tends to be as follows: At the onset of the divorce, fathers received regular visitation schedules and the mothers (including the alienated mother in the present study) were given primary custody. After the legal proceedings and the onset of PAS there was a significant decrease in the frequency of the visitation schedule with all the alienated parents, including the alienated mother who had been given primary custody at the onset of the divorce. Although this result may be attributed to having primarily male participants in the study who tended to have visitation rather than custody, nonetheless, the frequency of the visitation was drastically reduced after the proceedings for all of the participants. Further, it remains uncertain as to the cause of the change in the visitation frequency. This change may be due to the legal proceedings or to PAS itself or a third unknown factor. If such a change were due to PAS however, it would be indicative of the success of the alienators in having the lost parents removed from the children’s lives.

(b) Current relationship with PAS children: Again, the researcher probed the participants for data pertaining to the type of physical, verbal, and emotional contact between the participant and the children.

Results: Three of the participants reported having little or no relationship with their alienated children. The alienated mother reported that although she had very little contact with her children she still felt “connected” with them. She continued to attempt to be present during important children’s events such as soccer, baseball games and graduations despite various obstacles (e.g., not being told of such events and being “scolded” by the alienator for going). The fathers who had little contact with their children reported that they attempted to maintain contact by writing letters and cards as well as sending various types of gifts (e.g., toys) to their children. Regardless of whether their children responded to their communication attempts, these fathers hoped that their children understood that by these gestures they were demonstrating their affections to their children. One father described his attempts as follows: “…I write every week. I try to send him [his son] something every week. It can be a postcard, it can be a toy… “

Only two alienated fathers reported having a close relationship with their alienated children. One of these fathers described his case as a mild form of PAS and attributed his closeness to his daughter to her young age and that he continued to maintain daily telephone contact with her. In his words:

I’ve always been very close with my daughter…very, very close…I don’t think they [the divorce/custody proceedings] had anything [to do with it], she was too young. She was only two years old.

The other lost parent reported a close relationship with his two younger children, while his relationship with his oldest daughter remained somewhat strained. This participant’s close relationship with his younger children may be attributed to a milder form of PAS with his younger children than with his daughter and to his relationship with his ex-spouse who was diagnosed with a terminal illness and with whom he is currently re-establishing some communication. Thus, the results confirm that most PAS children and their lost parents did indeed have a strained relationship. However, the severity of PAS was a weak indicator of the extent of such a strain.

Overall, the results pertaining to the issues of the lost parents’ relationships with their PAS children are as follows: First, the results suggest a decrease in the frequency of visitation for the lost parent which may or may not have been due to PAS. Specifically, participants reported that custody was routinely given to the mother at the onset of the divorce, regardless of who became the alienator and who became the lost parent with the onset of PAS. Further, all fathers had a consistent visitation schedule where all had visitation every two weeks with the exception of one father who visited every day. With the onset of alienation, the alienator received custody and the lost parents had their visitations drastically reduced either to absolutely no visitation or no contact, to visitation of approximately once a month. Of interest is that the only lost female parent who initially had primary custody of the children had absolutely no visitation schedule by the time of the interview. Second, as there was a reduction of other contacts with their children, the lost parents described a limited relationship with their children, often writing to them without reply. The only exceptions to these findings were two fathers who related that their ability to maintain a relatively stable relationship with their children was a function of the mild severity of the PAS in their cases. Therefore as expected, the findings mildly suggest indications that the less severe the PAS the better the chance of having a good relationship with their children.

Alienation and alienating techniques

As there is little research on this subject, a more detailed examination of alienation and associated alienating techniques is necessary in gaining a better understanding of its impact.

(a) Alienators’ attitude and behaviors: Data pertained to all references to the alienators’ behaviors and actions that resulted in any negative consequences for the participant or the alienated child or children. Some of the data gathered for this issue was either probed by the researcher or was spontaneously reported by the participants throughout the interview,

Results: The results suggest that the alienators denigrated the lost parents by implying that the lost parents were not good people. For instance, one father accidentally overheard the alienator inform the children that she had hired an attorney to prevent them from having to visit with their father. The alienator did not allow the child to continue a healthy relationship with the lost parent. Another parent reported that whenever his child went back to the alienator’s home after a visit with him, the child would be questioned or “debriefed” about everything that happened there. A way the alienators exercised their power, as described by a father, included attempts offering the children alternate choices (e.g. shopping) to visiting with the father. The results suggest that all of the participants perceived a general “sabotage” of their relationships with their children by the alienators. The lost parents reported that they perceived their relationship with their children as being “eroded” often by not being informed of a child’s activities (e.g., soccer game schedule) that the lost parent may have wished to attend. Whether the alienator used mild “alienating techniques”- for instance whenever the lost parent called, the alienator would call the children to the telephone by saying in an “angry voice” “Its your father!” – or more drastic means by making accusations of physical and sexual abuse, the effect was that all the lost parents perceived that they were denied or deterred access to their children.

(b) Other’s contributions: Data gathered for this group pertained to all references to any individual, with the exception of the ex-spouse, who engaged in any alienating techniques (i.e., that were perceived by the participants as attempts at alienating the lost parent from the PAS child). Some of the responses were due to the researcher’s questioning but the primary source for the data was due to the participants’ spontaneous descriptions of the alienating circumstances involving others.

Results:
In five of the six cases the children of the PAS families were described as “spies” for the alienator. These children reported back to the alienator anything that the lost parent said that the child did not like. This reporting would often result in arguments between the alienator and the lost parent. The female participant in the study reported that her children would copy all of her personal papers and bills for their father. Further, her children would report to him whenever she had a date. The results also indicate that gifts given to the children by the lost parent would often “disappear” or be broken by the children. In the two cases where there was more than one PAS child, the results indicated that the children were “turned against each other” where in one case they would spy on each other and in the other case the oldest child would engage in alienating the younger children (e.g., enticing the younger children to abandon their visit with their father in order to go to “Sea World” with her and her mother). In one of the cases the maternal grandparents continued the alienation when the alienator (the mother) had discontinued all contact with the father and the grandparents were placed in the position of monitoring the child’s visits with his father. In another case the lost parent’s ex-brothers-in-law and ex-mother-in-law also contributed to the alienation by denigrating the father in front of the children (e.g., saying “I am really sorry you have a father like that”). These results suggest that the children acted as the secondary alienator (i.e., the second alienator after the parent) and they would do so primarily by being spies for the alienating parent and by continually rejecting the lost parent via various means (e.g., breaking toys). Grandparents and other extended family members also appeared to play an important role by contributing to the alienation as secondary alienators, provided that they were close to the alienator. The findings suggest that the closer the alienator’s family members, the greater their tendency to alienate as well. These findings raise the question as to why close family members contribute to the alienation. For instance, are some of the alienating parent’s family characteristics indicative of their engagement in alienation or is it something about the alienation itself that engages other family members to contribute to the alienation or is it simply that these family members take sides? Researchers have yet to address this issue and future research will be important in answering this question.

(c) Cause of PAS: Data gathered here pertained to any causes or factors that the participants perceived to be linked to the development or occurrence of the alienation. Some of the data collected on this issue resulted from direct probing by the researcher, and some resulted from the participants descriptions of their circumstances.

Results:
All of the participants believed that the motive behind the alienation was triggered by hate, anger, or a sense of seeking revenge towards them by the alienator or some combination of these. One father reported his belief that the cause of the alienation was “Hate…Hate towards me” and another participant perceived: “She hates my guts and she says it…And she’s trying to get back at me as well.” Another motive suggested in the findings was that the participants perceived the alienation as a means by which the alienators could succeed in severing the participants’ relationships with their children. One participant noted that the alienator may have made accusations of abuse as a means of explaining the reason behind the divorce. He described his belief as follows: “This gives her an excuse for leaving a bad guy and why the marriage broke up, and therefore it’s not her fault.” The findings suggest that the participants perceived the underlying cause of the alienation as the hatred toward the lost parents, anger, or revenge, or some combination of these.

(d) Control/power: All data gathered pertained to references to situations where the participant perceived that an individual’s actions or behaviours led to another individual’s behavioural change or constraint. Moreover, the data were spontaneously generated by the participants rather than elicited by the researcher.

Results:
The results suggest that the participants had lost some power over their relationship with their PAS children. The alienators were often described by the participants as using the child or other means to attempt to produce a desired outcome in the lost parent or the child. An example of an alienator using the child is as follows: an alienator locked her child in a dark closet, to be found “yelling and screaming” by the lost parent, in order to make the lost parent give her some papers.

Feelings of powerlessness were also apparent in the findings as the participants reported feeling constrained as to the way in which they had to behave in the presence of their children. They reported a need to control their behaviour while in the presence of their children for fear of losing their visitation privileges or experiencing other legal consequences when the child reported to the alienator what the lost parent had done. As one father described his feelings:

So I think she [his daughter] has a lot more power than I do, you know. She has the power to just terminate the relationship at any time. I mean, if at any time she would say ‘Well Dad, I don’t feel like seeing you any more.’ Well, her mother’s …she says, you know, ‘whatever your daughter wants, you know…that’s the law type of thing’.

There is a sense of loss of parental role in the life of their children that has been attributed to the alienation. The lost parents cannot exert any of his or her parental responsibilities over their children. For instance, one lost parent reported how he could not discipline his child (e.g., send the child to her room) when the child behaved inappropriately, or she might end the visit the alienator would become angry at him for having disciplined his daughter as he once would normally have done.

Participants who did not have any contact with their children also reported a sense of being controlled or constrained in their behaviour. For instance, one father believed that he had to monitor the frequency with which he sent cards or packages to his child for fear of being charged with “harassment” if he did so too frequently. Further, two of the participants reported a sense of the children being controlled by the alienator. These children had to behave in a certain manner while with the alienated parent to avoid negative consequences by the alienator. For instance, one participant reported that an unscheduled visit to his child (in order to bring her a gift) resulted in the alienator yelling at the child for speaking to him. There was a sense of powerless reported by all the participants forcing them to behave in a certain manner to avoid legal or other consequences. As one father reported, once divorce occurs then “the courts really have the say over what happens to the kids, not you” [the parent]. These findings suggest that the lost parents perceived themselves as powerless with their children and to have lost their traditional parental roles whether or not they had visitation with their children.

Overall, the findings confirmed that the alienators used denigrating techniques (e.g., implying that the lost parents were not good people) and provided ultimata to children and spouses to further the alienation that was motivated by hate, anger, revenge or some combination of these three. Others were enlisted to contribute to the alienation. Children, in particular, were seen as spies to relay information to the alienator and, as such, may be considered secondary alienators. Second, extended family members such as in-laws who shared close relationships with the alienators contributed to the alienation as well. Moreover, the lost parents felt powerless as a result of the alienating situation. The children in particular were perceived as controlling the lost parents, they could determine when, if at all, they would see the lost parent, under what circumstances and in particular what the lost parent would do with the child. The lost parent had to be careful not to anger the child for fear of never seeing their child again and to be careful even sending them letters or toys. This loss of parental role was reported by the participants whether or not they had visitation with their children.

Experience with Professionals

When a marriage dissolves the family undergoes court proceedings to legalize the divorce. If children are involved, then the parents may seek custody in the courts, and the testimony of mental health professionals may be included during these proceedings. Services for mental health professionals may also be sought by any of the family members outside of the legal system before, throughout, or after a divorce. The role of these professionals and the participants’ perceptions of them may provide useful information for these same professionals as to their future dealings with PASfamilies.

(a) Legal services:
The issues gathered here pertained to any legal proceedings, such as interactions with lawyers, judges, and the court system in general. The principle means of data collection for this issue was from the participants’ spontaneous divulgence of information and some data were gathered via the researcher’s additional probing.

Results:
The participants generally reported having negative experiences within the legal system. The participants felt that the judges in their cases either played minimal roles in the final decisions since everything was decided beforehand by the lawyers, or the judges made quick and uninformed decisions, lacking knowledge and experience with respect to PAS. For instance, one father reported that his ex-wife — who was preventing him from having visits with his child — ignored court orders of his visitation rights. The judge did not impose any consequences on her; she received only a warning after ignoring more than one court order. Accusations were made against three of the fathers. The accusations ranged from physical and mental abuse of the ex-spouse and sexual abuse of the child, to accusations of scaring the children because he “talked like a walrus”. The participants perceived the court as an obstruction to seeing their children as well as a financial burden. Some participants reported the cost of the lawyers’ fees between U.S. $12, 000 to $200, 000. One father reported having to pay legal fees of $1, 000 in order to see his child for one weekend. Overall, the participants reported a sense of discontent over the way in which their cases were managed by the legal system. However, the discontent may have been related to the fact that the participants lost custody. A future study examining this issue may indicate whether the discontent with the legal services was due to the process of the legal proceedings or due to the end result (the loss of custody by participants).

(b) Psychological services: Here data gathered pertained to the participants’ experience of receipt of any type of psychological service whether by psychiatrist, psychologist , or counsellor. Once again, the principal sources of data were from the participants’ own descriptions of their experiences with mental health professionals. The secondary means was via follow-up probes by the researcher for the purpose of clarification.

Results:
Half the participants reported receiving counselling with the alienator prior to the divorce. However, the female participant was the only lost parent to continue with the service and one male participant was “hoping” that an intervention by the therapist would be “crucial” for his case in court. Approximately half of the participants reported receiving a psychological assessment of the family for the legal proceedings in court. In general, the results suggest that the mothers in these families tended to receive psychological services around the time the separation was initiated and that they continued to receive counseling or therapy after the finalization of the divorce. The fathers, on the other hand, were asked by their wives to join their counselling sessions prior to the divorce.

Half of the respondents described their experiences with mental health professionals in negative terms. There appeared to be a sense of discontent with the mental health professionals’ knowledge of PAS and how they managed the PAS family. One father initiated a formal complaint against the psychiatrist who tape recorded their conversations without his knowledge. Members of the mental health profession were reported as being utilized as a “legal tactic” by the alienators and their lawyers. The mental health professionals involved with these PAS cases were often described as individuals who lacked the necessary knowledge of PAS and often neglected to collect pertinent information regarding the child’s relationship with their father. For instance, one father, whose daughter was seen by a psychologist, was never telephoned or asked for any information about his daughter until he called and complained to her himself. Moreover, the participants reported that their children primarily received psychological care for the family assessment for the court, with the exception that one child was seeing a psychiatrist for treatment of Attention Deficit Disorder (ADD), a daughter who was being treated for anxiety, and two other children (from different families) who were being treated for aggression. Results indicate a general dissatisfaction with the psychologists or psychiatrists who were involved in the families of the participants and there was a lack of a positive outcome from seeing a psychologist or psychiatrist. Not one participant reported any positive outcomes from receiving psychological services. When asked how they coped with the alienating situation, three of the participants reported a desire to discuss and teach PAS to others.

Overall, the results suggest that the participants sought the assistance of both legal and mental health professionals. Further, the results suggest a lack of satisfaction with the services rendered by both legal and mental health professionals. There was a general sense of a lack of knowledge of PAS on the part of the professionals, as well as failing to gather “both sides of the story”. These negative perceptions gave rise to the question as to whether or not accusations that flew back and forth in the courtroom might have the impact of fuelling PAS, and suggests that further research is needed..

Current Perceptions

Examining the lost parents’ current perceptions after having undergone PAS may provide insight as to what issues are important for focus in future research, possible indicators of PAS, and the impact of PAS on the lost parents.

(a) Looking back: Here data gathered referred to the participants’ beliefs of any actions that they would have done differently as well as any general perceptions of the past.

Results:
The results suggest that the participants, provided that they had had the knowledge about PAS that they presently have, would have behaved differently towards their ex-spouse. One participant reported that he would have never been married, while two participants reported that they would have taken different legal routes, such as hiring a different type of lawyer and taking a more aggressive legal approach from the onset. Two other respondents reported that they would have sought psychological services earlier on with a professional who was knowledgeable about PAS. The female participant would have allowed more discussions and pictures of the alienator with her children. Armed with the knowledge they now had, every participant would have taken other means to prevent the current alienating situation from ever occurring.

(b) The impact of PAS: Data pertaining to the participants’ perceptions of how the alienating circumstances have affected their life were gathered.

Results: Overall, the results suggest that the participants perceive the alienating circumstances as exerting serious negative emotional and financial consequences on their lives. Specifically, they felt that they had been drained emotionally, most participants reported a sense that the circumstances had “ruined my life completely”, and asserted that PAS had had “devastating” effects. One parent described the alienating experience as traumatic. The participants believe that they had lost a child or at the very least their roles as a parent. A participant described this feeling as if they would “rip one of my arms off” and another participant noted that his three year marriage will impact on him for the rest of his life (or at least until his child marries). A financial impact was also reported by three of the six participants, one of whom described himself as being “ruined financially”. The only positive impact was reported by the female participant who believed that the alienating experience helped her become more understanding of her pain, others’ pain, and this had assisted her to become a more understanding person.

(c) Termination/Looking to the future: Data gathered pertaining to this area included the participants’ belief that certain situations or circumstances are necessary for the termination of the alienating circumstances.

Results: The results suggest that the participants believed that by maintaining contact with the children (i.e., by sending letters and cards) increased the possibility of a reconciliation with their children. Even though the participants’ attempts at communicating with their children often remained unanswered, these parents believed that their attempts would inform their children that they were thinking of them, that they loved them, and that their doors were still open to the children. These participants hoped that as the children grew and matured they would decide to contact their lost parent on their own. However, these participants also reported that they realized that their children may never resume contact with them and that they must prepare for this eventuality. Two participants reported that they believed that by gaining access to their children the alienation might stop, and one of these parents stressed that terminating the contact between the alienator and the child was another means through which the alienation may cease. These results suggest that all the participants hoped that the alienation would terminate. The majority of the participants appeared to behave that this would occur with time; one participant perceived “time as a healer”.

Overall, the results suggest that the participants perceived their experience of PAS as having resulted in negative and devastating impacts on their lives and themselves and they would go to great lengths to avoid experiencing the alienation again. Moreover, the participants believed that their continued attempts at communicating with their PAS children, despite a lack of responses, would someday lead to the termination of PAS. Therefore, the results suggest that although PAS has had serious consequences on these families’ lives that could have been avoided, the lost parents hoped they would be “reunited” with their children in the future.

Miscellaneous

Results:
The remaining data that did not appear to share any commonalities with other participants’ responses were gathered here. For instance, information gathered included detailed descriptions of the participants’ employment and finances as well as some information regarding other lost parents’ experiences as described by the participants. Such information was not related to any issues discussed by other participants and primarily pertained to details of the participants’ lives rather than to PAS.

Summary of Findings

The results of the study suggest that:

1. Family characteristics, such as number of children, and number of marriages, were weak factors in the occurrence of PAS.
2. The alienators’ changes of home were not a salient characteristic of PAS families.
3. Marital conflicts and their intensity were weak predictors in the occurrence of PAS.
4. The relationships between the alienating and lost parents were strained after the onset of PAS.
5. There was a general decrease in the frequency of visitation for the lost parent which may or may not have been due to PAS.
6. There was a reduction of other contacts (aside from visitation) between the lost parents and their children that, as expected, further limited the relationship between them.
7. All of the participants perceived a general “sabotage” of their relationships with their children by the alienators. The findings confirmed that the alienators used denigrating techniques (e.g., implying that the lost parents were not good people).
8. The children acted as secondary alienators.
9. The alienator’s closer family members tended to also alienate.
10. The participants perceived the underlying cause of the alienation to be hatred of the lost parents, anger, or revenge, or some combination of these.
11. The lost parents experienced a loss of both parental role and power whether or not they had visitation with their children.
12. Lost parents were generally dissatisfied with legal and mental health assistance. Both the legal and mental health professionals have inadequately explored all the parameters implied in PAS.
13. Lost parents would go to great lengths to avoid experiencing alienation again. They continued to hope to be reunited with their children in the future. Specifically, the participants believed that maintaining contact with their children (i.e., by sending letters and cards) increased the possibility of a reconciliation with their children.
14. Given the knowledge they now had about PAS, the participants would have behaved differently towards their ex-spouses.
15. The participants perceived the alienating circumstances as exerting serious negative emotional and financial consequences in their lives.

Though tentative, these findings demonstrate both the complexity and seriousness of PAS.

http://www.fact.on.ca/Info/pas/vassil98.htm#CHAPTER%204</a

Parental Rights and Due Process

In Best Interest of the Child, California Parental Rights Amendment, child trafficking, children legal status, children's behaviour, Childrens Rights, Christian, Civil Rights, CPS, cps fraud, deadbeat dads, Department of Social Servies, Divorce, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Freedom, HIPAA Law, judicial corruption, kidnapped children, Liberty, MMPI, MMPI 2, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Rights Amendment, Parentectomy, Parents rights, state crimes on May 19, 2009 at 12:00 pm

PUBLISHED IN
THE JOURNAL OF LAW AND FAMILY STUDIES
VOLUME 1, NUMBER 2 (1999), pp. 123– 150
UNIVERSITY OF UTAH SCHOOL OF LAW

Donald C. Hubin
Department of Philosophy
The Ohio State University
Columbus, OH 43210
614-292-7914
hubin.1@osu.edu

Copyright © 1999 by Donald C. Hubin

ABSTRACT FOR “PARENTAL RIGHTS AND DUE PROCESS”

The U. S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists— much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children.

Parental Rights and Due Process
DONALD C. HUBIN *

Forget, for a moment, the title of this paper. Imagine that it is titled, “Due Process and the Deprivation of Rights”. Now, consider an unspecified right, R, which is “a fundamental right protected by First, Fifth, Ninth and Fourteenth Amendments“. 1 Suppose that this right is regarded as “far more precious than property rights” 2 and that the Supreme Court characterizes R as an “essential” right 3 that protects a substantial interest that “undeniably warrants deference, and, absent a powerful countervailing interest, protection“. 4 Imagine that “it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions” 5 and that, because of this, “there must be some compelling justification for state interference” 6 with R.

These aspects of the nature of R stipulated, imagine further that our legal system actively functions to suspend or deny this right literally tens of thousands of times a year— that this is done openly and under color of state law. Suppose that the suspension, and sometimes even the denial, of R is done on the basis of little or no evidence of any state interest whatsoever. Imagine that, in these cases of suspension or denial, there is no demonstration, and often no allegation, that R has been, or is likely to be, abused or that the retention of R by the individual in question would be harmful to the legitimate interests of any other person. Suppose, further, that even the temporary suspension of this right shifted the burden of proof onto the former right-holder to demonstrate that the suspension should not become a permanent denial.

If there were such a right and it were treated in such a cavalier way, what should our reaction be? Outrage? Indeed!

But is there a right that can be substituted for R and make all of the above suppositions true? Absolutely. But it is neither the right to property (and not simply because it cannot be more precious than itself) nor the right to liberty. Though there are often legal threats to these rights, on the whole they receive significant protection from the courts. There is only one right that has the importance described above and receives so little protection. It is the right of custody of our children— the cluster of rights labeled ‘parental rights’. 7

The above might strike one as flagrant hyperbole. Termination of parental rights is not done in the casual way I have described. 8 The state is required, a critic might point out, to show by “clear and convincing evidence” that a compelling state interest is at stake before termination of parental rights. 9. And so it is, sometimes. But there is a context in which parental rights are suspended with little or absolutely no evidence of the involvement of any state interest whatsoever. That context is divorce. While this context apparently affects our reaction to the casual procedures by which we suspend or terminate parental rights (else one would expect a hue and cry over this practice), it does not weaken the argument against such procedures. Divorce proceedings routinely involve unconscionable violations of minimal due process protections of fundamental rights and liberties. 10

I argue for this thesis below. I begin by discussing some features of parental rights and of the state interest in the custody of children. Next, I examine the sorts of due process considerations that have arisen in the context of termination of parental rights outside the divorce context. I then describe a procedure commonly used during divorce proceedings to determine custody during the period of the divorce litigation (pendente lite). The arrangements during the pendency of the litigation are extremely important because they establish a status quo which influences what it is reasonable to do with respect to parent/ child arrangements in the final divorce decree and, even more importantly, because of the direct effect they appear to have on the long-term parent child relationship. (A full explanation of the reasons for focusing on the procedures for determining temporary custody, as opposed to permanent custody, will be offered later.) In the penultimate section, I argue directly for the thesis that this procedure involves the temporary denial of fundamental rights without due process of law. Finally, I turn from the abstract discussion of the nature and basis of legal rights to discuss the real interests protected by these rights.

The issue of parental rights and due process is not sterile or pedantic; parental rights protect the vital interests of parents and children alike. Our cavalier legal treatment of them is inexcusable for the real human devastation it causes.

To read more, following this link: http://familyrights.us/bin/white_papers-articles/parental_rights_and_due_process.htm

Parental Alienation Syndrome: The Lost Parents’ Perspective – Chapter 2 of 5

In California Parental Rights Amendment, child trafficking, children legal status, children's behaviour, Childrens Rights, Civil Rights, cps fraud, deadbeat dads, Department of Social Servies, Divorce, DSM-IV, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Freedom, judicial corruption, Liberty, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Rights Amendment, Parentectomy, Parents rights, state crimes on May 16, 2009 at 11:07 pm

by Despina Vassiliou
Department of Educational Psychology and Counseling, McGill University
3700 McTavish, Montreal, QC, Canada H3A 1Y2

CHAPTER 2

REVIEW OF THE LITERATURE

A review of the literature concerning the development of parental alienation in families requires a review of the main theories surrounding the development of PAS. The main postulates include: (a) heightened levels of conflict, (b) divorce, (c) the contributions or influence of the legal system, and (d) a combination of various other factors that may contribute to the development of PAS.

HIGH CONFLICT SITUATIONS

As the dissolution of a marriage proceeds and court proceedings begin regarding the custody of the children, there is likely to be increasing conflict among the divorcing parents. It is believed that this conflict propels and heightens the occurrence of PAS. Family conflict may contribute to many difficulties that the individual family members encounter — such as problems in social development, emotional stability, and cognitive skills. These difficulties may instigate long-term consequences that may persist long after the finalization of the divorce (Kurdek, 1981).

Further, when the conflict occurring in a family (whether divorced or intact) is ongoing and heightened, the individual family members have been found to express feelings of lowered self-esteem, increased anxiety, and diminished self control (Slater & Haber, 1984). Particularly at risk are the children. There are reports that adolescents have a greater risk of developing adjustment problems whether the family goes through divorce or remains intact (Hoffman, 1971). Therefore, the level of family conflict is an important dimension which can alter the family structure and affects children’s well-being (Demo & Acock, 1988).

PAS is a syndrome that is usually associated with a heightened level of conflict. Further, the children in PAS families are present not only in the conflictual situation (in this case the denigration of one parent) but often contribute additional conflict to the situation. These conflicts tend to occur in conjunction with long custody proceedings. Johnston, Gonzalez, and Campbell (1987) examined the behaviour of children from separated and/or divorced families who were subjected to “entrenched” parental conflict regarding their custody. These researchers assessed 56 children between the ages of four and twelve during custody disputes and 2.5 years later.

The assessment consisted of three measures:

(1) parental conflict as measured by the Straus Conflict Tactics Scale;
(2) Clinical rating scales that were completed by each family’s counsellor; and
(3) the Achenbach Child Behaviour Checklist which measured the children’s adjustment on four scales: Depression, Withdrawn/Uncommunicative, Somatic Complaints, and Aggression, as well as overall problem behavior. Johnston and her colleagues (1987) found that at the time of the custody disputes, overall behavior problems and aggression could be predicted by (a) the extent to which children became involved in the custody dispute and (b) the occurrence and extent of role reversal between the child and parent.

Specifically, aggression between parents, both physical and verbal, was found to be a significant predictor of overall behavioural problems two years later. Moreover, involving the child in the custody dispute was a more important predictor of overall behaviour problems when it was the father who involved the child rather than the mother. If both parents involved the child in the disputes, then the child was more likely to have a tendency to display more withdrawn and uncommunicative behaviours two years after the dispute.

Finally, overall behavioural problems and depression were also predicted by the role reversal between father and child. These findings are related to the development of parental alienation in that PAS children who are exposed to heightened levels of conflict in combination with the denigration of one parent by the other.

As a means of coping with the heightened levels of stress, PAS children may copy the alienating parent’s behavior primarily by denigrating the lost parent. In doing so, they reduce some stress by believing that one parent is bad while the other is good. Subsequently, they focus on pleasing the alienating parent who is usually the custodial parent. Therefore, they ensure their survival in the alienating home by supporting the alienating parent’s beliefs. Children who do not adapt in this way may feel they run the risk of also being rejected by the alienating parent and losing that parent’s love.

DIVORCE

The effect of divorce itself on the family can be devastating. What was once decided amongst the parents is now decided by third parties like lawyers and judges (Girdner, 1985). Further, access to the children by each parent changes. Where before everyone lived together and parents and children had the freedom to interact whenever they wished, divorce dictates they must now abide by rules set by others.

The most common effect of divorce is that the child remains primarily with one parent while the other parent becomes a “visitor” who is only allowed to see the child on certain occasions. In theory, this “visitor” is allowed to have parental authority, that is to engage in the decision making process regarding the children (e.g., what school they should attend) (Turkat, 1994).

However, divorce often occurs because the parents can no longer make decisions together. Consequently, the visiting parent does not always have the visitation that he or she should have and may be unable to participate in the decision making process for important issues in their children’s lives. One time significant parents can become unwanted visitors for their children. The Children’s Rights Council in 1994 reported that an estimated six million children in the U.S. were victims of interfered visitation by their custodial parents.

Arditti (1992) found that as high as 50% of fathers (usually the non-custodial parents) reported that their visitation with their children had been interfered with by their ex-wives.

Further, as many as 40% of custodial mothers admitted denying their ex-husbands their right to visitation as a means of punishing them (Kressel, 1985). In PAS families, the interference with child visitation is but one of the symptoms, though the most important. It is believed that the goal of the alienating parent is to not only interfere in the lost parent’s visits, but to eliminate both the visits, and the visiting parent as well from the child’s life.

Gardner (1992) postulated that PAS is of a serious nature that may be provoked by a serious emotional issue, such as custody. Consequently, Cartwright (1993) noted that PAS may also be provoked by other serious and emotional issues such as property divisions or finances.

CONTRIBUTIONS OF THE LEGAL SYSTEM

According to Gardner (1992), the legal system contributes to the occurrence of PAS. In his book, The Parental Alienation Syndrome: A Guide for Mental Health Professionals, Gardner devotes two chapters to the history of the legal system and its impact on the occurrence of PAS. He postulates that parental alienation began to occur when courts began replacing the “tender-years” presumption with that of the “best-interests-of-the-child” presumption. The “tender-years” presumption stipulates that certain psychological benefits exist for children who remain with the mother, therefore custody was usually awarded to the mother. In the 1970s the courts began to favour the “best-interests-of-the-child” presumption, a less sexist position. With this presumption, the courts attempted to award custody to the parent who the best custodian for the child regardless of the parent’s gender.

Gardner believes that this change in the legal system exacerbated mothers’ fears that they might lose custody of their children to the fathers. Moreover, for mothers to strengthen their cases they needed to denigrate the fathers, engendering the beginnings of PAS. Gardner supports this notion by reporting that in 90% of his PAS cases, it was the mother who was the alienating parent (Gardner, 1991, conference).

Further changes in the legal system during the 1970s and 1980s, according to Gardner, contributed to the occurrence of PAS. Specific was the adoption in many jurisdictions of the notion of joint custody. Ideally in joint custody, both parents are to contribute equally to the upbringing of the children instead of one parent being the custodian and the other the “visitor”.

For joint custody to be granted it must be established that both parents can communicate with each other and can participate in the upbringing of the child. However, when joint custody is granted, the parents are often placed back in the same situation that led them to seek a divorce initially: the inability to communicate and make decisions together. Although some couples can do so successfully, Gardner notes that this situation presents the opportunity for the children to be used as weapons in parental conflicts that may arise.

Gardner developed several other related notions concerning the development of PAS and the contributions of the legal system are simply a part of this influence on PAS development. Unfortunately, the only statistics that Gardner provided were those that demonstrated that mothers were usually the alienators without detailing the procedure by which he attained these results.

Cartwright (1993) noted that the involvement of lawyers and the prolonged involvement of the court contributes not only to the occurrence of PAS but also to the increase in the severity of PAS. Clawar and Rivlin (1991) conducted a twelve year study regarding the parental programming of children “to influence the outcome of disputes” which was commissioned by the American Bar Association Section of Family Law. They found that 80% of divorcing parents practiced parental programming to varying degrees and 20% of whom did so at least once a day.

Further, Rand (1997) postulated that many allegations of either sexual or physical abuse may be an alienating technique. These allegations are powerful factors in the courts’ decisions for custody and therefore an invaluable tool to the alienators. Cartwright noted that the court requires adequate time to assess each case in order to determine the best interests of the child. However, he cautioned that once identified as a PAS case, then the court needs to make speedy judgments in order to stop the alienation process immediately. Unfortunately, the usual procedure of court postponements and continuances permit the PAS process to continue.

Further, Goldwater (1991) had postulated that the longer the children are in the alienating custodial situation, the “further they will drift away from their non-custodial parent” (p.130). Cartwright also noted that forceful judgment is required to counter the force of alienation. Specifically, clear and forceful judgments are believed to deter possible alienating parents from even beginning the alienation process as they may immediately lose custody of their children.

This is only possible if the judge is aware of PAS as a syndrome and if it has been clearly identified in each case. A second consequence of a clear and forceful judgment against the alienating parent is that such judgements can stop existing alienating processes from continuing.

Support for the notion that the court can counter the occurrence of PAS has been found in a study conducted by Dunne and Hedrick (1994). These researchers are two of the very few who conducted research specifically on PAS. In a qualitative study they interviewed sixteen families who exhibited a specified set of characteristics that met Gardner’s (1992) criteria for PAS.

The findings suggested that various family characteristics, such as the degree of PAS severity, were not indicators of the degree or effect of alienation on the family. Further, they found that the only effective intervention to counter alienation was a court implemented custody change that resulted in the children being removed from the alienating home.

The various types of therapy demonstrated no improvement in any of the families that had undergone therapy; in two of these cases the alienation actually became worse. It appears that the legal system is the most effective mean of terminating the process of alienation, reflecting the strong influence exerted by the legal system on the occurrence of PAS.

Girdner (1985), in an ethnographic study, examined the structure of custody litigation and the strategies used by parents who were contesting the custody of their children. She immersed herself in the legal culture for eighteen months. By observing court proceedings regarding custody she examined the relationships between the legal and the familial processes within the context of those proceedings.

She found that the final custody arrangements were usually made with respect to the economic issues of the divorce. Specifically, her findings suggested that the factors which influenced custody agreements included: (a) the negotiating style of the attorneys involved; (b) the dynamics of bargaining in the legal system; and (c) at which stage of the emotional process of divorce in which the clients were.

COMBINED FACTORS

A number of factors influence the occurrence of PAS. The family unit does not function in isolation. Individual characteristics of family members may also play a role on the occurrence of PAS. A study conducted by Calabrese, Miller, and Dooley (1987) examined the characteristics of 49 parents and their children from two fourth grade classes.

These researchers assessed the parents’ alienation of their children using the Dean Alienation Scale that provides an overall measure of alienation through examining the following dimensions: Isolation, Powerlessness, and Normalesness. They also assessed the children’s school achievement by examining their percentiles, as well as the children’s attitudes toward school.

However, these researchers found that the best predictors of alienation was unrelated to the children’s academic attitudes or performance, but rather to the characteristics of the individuals involved. Specifically, they reported that high levels of alienation were found to be associated with unemployed, single mothers, whose child was female and the child had only a few perceived friends.

While these findings appear to support Gardner’s contention that the alienator is usually the mother, they provide little support for Gardner’s theory that the introduction of the “best-interests-of-the-child” presumption contributed to this phenomenon.

Lund (1995) examined factors that contributed to the development of parental alienation. She assessed families in terms of

(a) developmental factors in the child,
(b) parenting styles, and
(c) level of stress experienced by the child.

She postulated that contributing factors in the occurrence of PAS included the following:

(1) Separation difficulties that are developmentally inappropriate. Specifically, PAS could be related to the occurrence of pre-schooler’s separation problems that may normally occur but are heightened by the stress occurring within a separated home.
(2) The child exhibiting oppositional behaviour. With older children in adolescence and preadolescence the development of oppositional behaviour may be manifested as a rejection of the lost parent in a family with conflicts.
(3) The deterioration of the non-custodial parental skills. The alienated parent usually displays a distant, rigid, and sometimes authoritarian style of parenting, whereas the alienating parent is indulgent and clinging. The children can then more easily reject the harsher parent and defend the more indulgent one.
(4) Conflicts occurring during the divorce. According to Lund (1995), these may prompt the child to seek means of escaping the stress related to such conflict.

Therefore, the child may denigrate the lost parent as a justification of the alienating parent’s actions.

SUMMARY

Relatively few research studies have been conducted specifically on PAS. The literature examined in this section pertained primarily to several articles that described parental alienation, however the majority were not empirical studies. The literature suggests that several factors may contribute to the occurrence of PAS. The heightened levels of conflict that are often associated with the dissolution of a marriage have been shown to have several short- and long-term effects on family members (Demo & Acock, 1988; Hoffman, 1971; Kurdek 1981). Johnston et al., 1987 found that involving the children in the disputes tended to result in the children displaying behavioural problems (e.g., withdrawing and not communicating).

PAS is one area in which heightened levels of conflict are believed to play a large role in the lives of the family members. Therefore, it is postulated that the heightened conflict levels may be an important factor in the occurrence of PAS. Divorce is a difficult time for all family members. With divorce comes a stressful restructuring where one parent, who was once involved in the child’s life, may suddenly become an unwanted visitor (Turkat, 1994).

This is difficult for those involved and there are indicators that these visiting parents (usually the fathers) encounter difficulties with their visits. For instance, Arditi (1992) found that as many as 50% of fathers reported an interference in their visitation rights; similarly, Kressel (1985) found that 40% of mothers admitted to attempting to interfere in the father’s visitation. Some circumstance or factor that occurs in the process of divorce may result in the rejection of one parent by the other.

If this occurs, it is postulated that PAS may follow. The circumstances that lead to the rejection of a parent are as yet to be determined. There may be high levels of conflict or stress involved in the dissolution of the marriage and thus further research is necessary to examine the degree to which these factors are important in the occurrence of PAS.

With the initiation of a divorce, the legal proceedings involved may pertain not only to the divorce but to custody agreements as well. Most of the literature on PAS suggests that various aspects of the legal system have contributed to the occurrence of PAS (Gardner, 1992) and has even heightened the severity of PAS (Cartwright, 1993). Moreover, Dunne and Hedrick (1994) found that the legal system can play an important role in the termination of PAS.

Specifically, a court ordered change in custody was found to be the most effective intervention that resulted in the termination of PAS with time. As Calabrese et al., (1987), and Lund (1995) found, many factors from individual characteristics to stress on the children have been linked to the occurrence of alienation. The number of possible factors that instigate PAS are legion, therefore, there is a need to examine PAS qualitatively to gain better comprehension. A better understanding of how PAS occurs may be helpful in learning how to treat and perhaps prevent PAS.

Parental Alienation Syndrome And Alignment Of Children

In adoption abuse, child trafficking, children legal status, children's behaviour, Childrens Rights, Civil Rights, cps fraud, deadbeat dads, Divorce, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Foster CAre Abuse, Freedom, judicial corruption, Liberty, MMPI, MMPI 2, motherlessness, mothers rights, Non-custodial fathers, Non-custodial mothers, Parental Alienation Syndrome, Parental Rights Amendment, Parentectomy, Parents rights on May 16, 2009 at 1:00 am

by Philip M. Stahl, Ph.D.
CALIFORNIA PSYCHOLOGIST, March 1999, Vol. 32, No. 3, p 23ff

Prior to 1970, it was rare that parents disputed custody of their children. Beginning in the early 1970′s, parents began litigating over child custody as a result of changes in societal factors and custody laws. With this increase in litigation, Gardner (1987) observed and outlined a concept that he referred to as “Parental Alienation syndrome.” Currently, there is a significant dispute among experts whether parental alienation is a syndrome, as well as the causes and remedies of parental alienation. This brief article will describe some of the dynamics related to the alignment and alienation of children and provide some solutions for these children. For purposes of this article, I am accepting the premise that alienation exists and that the child is caught in a battle between the alienating parent and the alienated parent. There is little research on the effects of alienation on children, either the long-term impact on a child being alienated from a parent. the long-term impact of a change of custody to remedy alienation, or which qualities within the child might help to mitigate against the alienating behaviors of both parents.

What Is Parental Alienation?

While Gardner was the first to coin the phrase “Parental Alienation Syndrome.” Wallerstein and Kelly (1980) first wrote about a process which they termed “alignment with one parent.” In their break-through book, Surviving the Breakup, they wrote:

“A very important aspect of the response of the youngsters in this age group (ages nine to twelve) was the dramatic change in the relationship between parents and children. These young people were vulnerable to being swept up into the anger of one parent against the other. They were faithful and valuable battle allies in efforts to hurt the other parent. Not infrequently, they turned on the parent they had (previously) loved and been very close to prior to the marital separation.”

According to Gardner (1992), “The concept of Parental Alienation Syndrome includes much more than brainwashing. It includes not only conscious but subconscious and unconscious factors within the preferred parent that contribute to the parent’s influencing the child’s alienation. Furthermore, [and this is extremely important], it includes factors that arise within the child — independent of the parental contributions — that foster the development of this syndrome.”

He notes that the child becomes obsessed with hatred of the alienated parent. He also suggests that the hatred takes on a life of its own in which the child may justify the alienation as a result of minor altercations experienced in the relationship with the hated parent. Gardner differentiates between three categories of alienation: mild, moderate and severe. He acknowledges that there is a continuum along which these cases actually fall and he believes that fitting them into a single category is not easy. In general, it is the intensity of the reported alienation and the quality of the relationships between the child and each parent that differentiates families between mild, moderate and severe alienation.

Mild Cases Of Parental Alienation

In mild cases, there are subtle attempts at turning the child against the other parent and drawing the child in to the alienated parent’s view of the other parent. This may be both conscious and unconscious and usually the alienating parent is not aware of how this makes the child feel. However, the alienating parent is usually supportive of the child having a relationship with the other parent. For most children, the consequences of mild alienation is minimal and manifests itself with a slight increase in loyalty conflicts or anxiety, but no fundamental change in the child’s own view of the alienated parent.

Moderate Cases Of Parental Alienation

Moderately alienating parents are angry and often vengeful in their behavior toward the alienated parent. Feeling hurt, the alienating parent often expects the child to take sides and be loyal to him/her. Such parents may actively interfere with visitation arrangements, be derogatory of the other parent to the child and actively participate a process designed to limit or interfere with the child’s relationship with the alienated parent. These parents support the concept of a relationship between the child and the alienated parent but will at the same time consciously and unconsciously attempt to sabotage it. In moderate cases, the alienating parent will ignore court orders if he/she can get away with it.

Most of the children in these moderate cases are filled with conflict. They show many of the symptoms, including anxiety, splitting, insecurity, distortion, etc. They often express their own frustrated views about the alienated parent, some of which mirror the allegations made by the alienating parent and some of which are borne from their own relationship with the alienating parent. They tend to view the alienating parent as “the good parent and the alienated parent as “the bad parent.” Yet, they are able to integrate and discuss some good traits about the hated parent and some negative traits about the preferred parent. These children can enjoy a limited relationship with the alienated parent.

Severe Cases Of Parental Alienation

In severely alienated families, there is a clear, consistent derogation of the alienated parent by the alienating parent and by the child which includes programming, brainwashing and hostility. These behaviors and feelings begin with the alienating parent and are taken on by the child. In most instances, the child and alienated parent had previously had a positive and relatively healthy relationship, although the alienating parent can neither admit nor perceive this. Often, the alienating parent feels a tremendous bitterness and anger at the other parent, usually related to feelings of abandonment and betrayal. These families are quite intractable and may be difficult to evaluate when there are simultaneous abuse allegations. The alienated parent is outraged at the change in the child and generally blames the other parent.

Behavioral Manifestations In Parents And Children

The Alienating Parent

Most alienating behavior will fall into categories that include one or more of the following.

1. Unbalanced accounts of behaviors – Talking in extremes and absolutes
2. Merging of feelings between alienating parent and children, e.g. “We do not like the Tuesday night dinner visit”
3. Denial of the relationship between the child and the alienated parent, as if he/she has no right to it any more
4. Behaviors which directly and/or indirectly thwart the relationship between the child and the other parent
5. Intrusive behaviors such as frequent phone calls (e.g. 2 – 3 times per day or more) into the other parent’s home during visits
6. Encouraging the children to act as spies during visits
7. Informing children about adult issues, such as child support, reasons for the divorce, etc.
8. Forcing the children to be messengers of communications
9. Derogatory and blaming statements about the other parent
10. Tribal warfare in which other family members or family friends get brought into the battle between the parents

It is critical to understand the rationale for those behaviors and what causes them. It could be that the alienating behaviors are the direct result of either actual or perceived shortcomings in the alienated parent. This will affect the recommendations. For example, if real problems in the alienated parent are found, recommendations to correct these problems will be made to the alienated parent. However, if the alienating parent is acting on the basis of perceived problems, it will be important to recommend interventions that encourage the alienating parent to alter his/her perceptions and recognize the many ways that the alienation is negatively affecting the children.

The Alienated Parent

For the alienated parent, there is a potentially different set of dynamics to explore. Alienated parents tend to fall into two groups. There is a group of parents who previously had a healthy relationship with the child prior to the separation, but who is now being shutout of the child’s life. These parents are truly being alienated from the child by the behavior of the alienating parent. The second group of alienated parents are those who claim that alienation is the significant source of the problems with their children, but who tend to be fairly defensive, avoidant of relationships, externalize blame and have a very difficult time seeing his/her own role in problems with the children. Such parents are often very controlling and powerful and are used to having things their own way in their relationships. After separation, they expect their relationship with the children to be as they want it to be. These parents are often less child centered and have less empathy than others. When the relationship does not work out the way they want, they are quick to blame the other parent for alienating the children and for creating problems with their children.

Alienated Parents Who Previously Had A Healthy Relationship With Their Child

Parents in this category seem to be truly alienated against. They may be insightful, able to reflect on a wide variety of possibilities for their children’s behavior and are willing to look to themselves as a source of some problems. Typically, these parents have had a history in which they were close to their children and actively participated in their children’s lives and activities. These parents can have a nurturing quality, though there may be a tendency toward some passivity and difficulty dealing with overwhelming emotions. These dynamics provide a fertile atmosphere for the alienation to flourish.

In these families, the alienating parent is typically extreme and emotionally over-reactive and the alienated parent is usually more passive, nurturing and sensitive. The alienated parent is often overwhelmed and does not know what to do when faced with the alienating parent’s behaviors. Rather than confront the alienating parent or reality to the child, these alienated parents have a tendency to detach. This detachment reinforces the alienating parent’s vengeful behaviors. These parents may exhibit sensitivity to the children, nurturing behavior, passivity, insight and a tendency to be overwhelmed with intense emotions.

Alienated Parents Who Previously Had A Poor Relationship With Their Child

Many of these parents have had very little to do with their children prior to the separation and divorce. They may have been workaholics who came home late at night. They may have been fairly self-centered individuals who were more involved in their own activities than the activities of their children. Many of these parents may be quickly involved in a new relationship and are insensitive to the feelings of their children about this new relationship. Rather than recognize that their children may have their own feelings about their new partner. they are quick to blame the other parent for the children’s feelings. Blame is common for these parents.

In exploring the history of the relationship between these parents and their children, we often find that there is a general absence of a quality relationship in the formative years of development. There is a superficiality to the relationship caused by years of neglect or a history in which the other parent was truly the “primary parent’ in the marital relationship. These parents may show up for the “Kodak moments,” but do so in more self-centered way. often for their own enjoyment and interest rather than to participate with their children. These parents may report active involvement in activities such as coaching the children’s sports. yet, upon further exploration. the child often felt pushed into these activities and distant from their parent-coach. Often these parents are not even that interested in the child after the divorce. They claim alienation primarily as a way of continuing the control and blame that they exhibited during the marriage. For these parents who are claiming alienation, but are more likely to be the cause of the rift with their children, we look for indicators like defensiveness, control, externalization of blame, self-centeredness and superficiality.

The Children

The relationships between parent and child are fragile in these families, even if they were positive prior to the separation. When children are brought into the tug of war between the parents, they have a diminished ability to maintain healthy boundaries and relationships. Ultimately, this dynamic causes the alienating parent to reject anyone who perceives things in a way that the alienating parent does not like. In most instances, the family is so heavily invested in the alienating efforts that the root causes may be difficult to understand.

The effect of this alienation is dramatic on children. They suggest that children are most susceptible to alienation when they are passive and dependent and feel a strong need to psychologically care for the alienating parent. In both the child and alienating parent, there is a sense of moral outrage at the alienated parent and there is typically a fusion of feelings between the alienating parent and child such that they talk about the alienated parents as having hurt “us.” The general view is that children in such families are likely to develop a variety of pathological symptoms. These include, but are not limited to:

1. splittings in their relationships
2. difficulties in forming intimate relationships
3. a lack of ability to tolerate anger or hostility with other relationships
4. psychosomatic symptoms, sleep or eating disorders
5. psychological vulnerability and dependency
6. conflicts with authority figures
7. an unhealthy sense of entitlement for one’s rage that leads to social alienation in general

Some children tell very moving stories of how they have not liked or have been fearful of the alienated parent for a long time. They can give specific details of abuse, angry behavior. etc. prior to separation. These children often feel relieved when their parents divorce because they are now free of those problems. The differential understanding will come from the child’s clear account of inappropriate behavior, detachment in the relationship and a convincing sense of real problems (as opposed to the moral indignation of the alienated child).

When we listen to these children in those cases where the child is detached from the alienated parent. there is little evidence that these children are put in the middle by the alienating parent. Rather, there is a sadness to these children who wish (or may have wished in the past) for a different quality to the relationship with the alienated parent. For many of these children, they have observed significant spousal abuse during the marriage or have observed one parent being controlling and hostile to the other parent. It is the sadness and ambivalence about the lack of a relationship that is one of the key differential indicators that these children, while certainly aligned with one parent, are not being alienated.

Other Reasons For Alignment With One Parent

There are two other dynamics that are important to look for in these children. First, many children seem to be aligned with one parent primarily because of shared interests or a goodness of fit in the personality dynamics with one parent. There is a natural affinity between an active, sports-oriented child and his/her active, sports-oriented parent. Other children may have a stronger affinity with the parent who has effectively been the primary and a concomitant need to be with that parent. These dynamics have nothing to do with alienation but are related to the quality of the child’s relationships with each parent. Unlike the alienated children, however, these children want to spend time with the other parent. though on a more limited basis. The evaluator will note that the child’s reasoning is related to these interests or the quality of the relationship rather than imagined problems in the relationship with the alienated parent.

Second, conflict takes an emotional toll on children. As the level of conflict between parents increases and as children are caught in the middle of these conflicts, the child’s level of anxiety and vulnerability increases. For many of these children, an alignment with a parent helps take them out of the middle and reduces their anxiety and vulnerability. When pressed, these children will prefer a relationship with both parents and show no real history of any significant problems with either parent. By making a choice to be primarily with one parent, these children are making a statement that they need to be free of the conflict. For some, it may not even matter of which parent they live with, as long as they are removed from the conflict.

In fact, when the child’s anxiety is driving the split, the intensity and severity of the child’s feelings may be greater than the intensity of the alienating parent’s behaviors. Unlike children who are alienated primarily because of the alienating parent. or children who are aligned because of a rift in the relationship with the alienated parent. these anxious and vulnerable children are experiencing alignment as a direct result of the conflict and behaviors of both parents.

Recommendations For These Families

Within those families labeled moderate to severe, there is wide disagreement about possible solutions. Gardner touched off this debate by suggesting that the best solution is a change of custody from the alienating parent to the alienated parent, with an initial cut-off of all contact between the alienating parent and child. In a variety of court cases in which there were allegations of sexual abuse, he has testified that the sexual abuse allegation was a form of parental alienation and that a change of custody was clearly in order. Turkat supported Gardner’s position and recommended this change of custody in cases of severe parental alienation.

Gardner’s remedy has led to a number of articles written by attorneys (Isman [1996]. Mauzerall, Young, and Alsaker-Burke [1997] and Wood [1994]) who dispute Gardner’s view. They perceive his recommendation as extreme and dangerous. They question the existence of Parental Alienation Syndrome, suggesting that it does not meet any objective standard in the mental health community. They believe that changing custody on the basis of a syndrome that does not exist is potentially damaging to children.

Others (Ward and Campbell [1993], Johnston [1993]. Johnston and Roseby [1997], Waldron and Joanis [1996], Kelly [1997] and Garrity and Baris [1994]) prefer a more cautious approach to these severely alienated families. They feel that caution is indicated in order to balance the risk of harm to the child from being cut off from one parent (i.e. the alienated parent) or harm as a result of cutting the child off from the other parent (i.e. the alienating parent). One solution does not fit all families because children and their parents are quite different.

Cautious recommendations are likely to include many of the following:

1. A court order that recognizes the value of on-going contact between the child and the alienated parent and establishes structure around that contact
2. A mental health professional working with the child and/or family to therapeutically support the contact
3. The use of a case manager, Special Master, guardian ad litem, or parenting coordinator who would monitor the cooperation with the order and have the authority to enforce compliance or report to the court quickly when one parent is out of compliance
4. Avoid changing custody as a corrective tool; there may be times when a change of custody is indicated, but it will be because there is a different problem than alienation
5. Attempt to engage the alienating parent in therapy that is understanding and supportive while simultaneously providing a clear and consistent message that the alienation process is harmful to the child. If the alienating parent is currently in therapy with someone who supports the position of the alienating parent (i.e. contact between the child and the alienated parent should be nonexistent), it may be necessary for the court to order a change of therapists for the alienating parent unless that therapist can understand the dynamics and become part of the treatment team
6. In the most extreme examples, in which nothing seems to be working and the child appears to be at significant risk, it may be necessary to help the alienated parent therapeutically disengage from the child until such time that the child can more adequately re-establish the relationship. From the perspective of the child, this may actually be a less-damaging recommendation than a change of custody

If we understand that alienation is caused by splitting within the family. it is critical that those who try to work with the family (the attorneys, the judges and the mental health professionals) are in agreement in their approach to the family. If we recognize that alienated family systems are emotionally powerful. it is easy to see how the professionals involved can become split amongst themselves. In more extremely alienated families, the case manager will watch that the professionals do not succumb to the family’s splitting, inadvertently escalating the split.

Parentectomies: Do They Help?

As indicated earlier, perhaps the most controversial element of all the alienation literature has been stimulated by Dr. Gardner’s recommendation for a swift change of custody in those families identified as exhibiting severe parental alienation. There may also be a severe limitation on the child’s contact with the alienating parent, at least for the first few months after the change of custody. While there are certainly times when an evaluator might recommend a change of custody from one parent to the other, doing so solely on the basis of a finding of severe parental alienation may not be in the child’s best interest. When a child has a strong attachment, even if it is an unhealthy one, to the alienating parent, it can be emotionally damaging to the child if the relationship is abruptly terminated.

It is important to remember that children in these families are often in an enmeshed relationship with the alienating parent and often feel a strong need to protect that parent. They may be in a hostile-dependent relationship with the alienating parent. An abrupt change in custody may cause significant problems for the child. We must be careful that the proposed solution to alienation does not cause more problems for the child than did the alienation. I have never seen a change of custody by itself lead to a reduction in conflict and improvement in the situation for the child. While it may temporarily help the relationship between the child and the alienated parent, it often comes at an exorbitant price for the child.

Even with case manager and therapeutic support, many of these children continue to long for a relationship with the alienating parent. Sometimes these dynamics will resurface several years later. Rather than a complete change of custody, I believe that a more balanced time-share in which the child has time to be with each parent for a relatively equal period of time in larger chunks (such as two-week blocks or most of the summer) may be more beneficial to the child. Even when this is difficult to achieve, I would always consider the impact to the child of the change of custody and whether this solution will be worse than the alienation that is occurring.

For some families, it will be impossible to help the alienated parent ever have a viable relationship with the child, in spite of the best therapeutic and structural efforts. Some courts are taking to punishing children, placing them in juvenile halls and psychiatric hospitals because they do not see a parent. I do not agree with this approach. I believe that these children should be in therapy, with part of the therapeutic work centered on the alienated parent withdrawing from the child’s life. It is important to do this carefully so that the child does not feel abandoned by the alienated parent. The alienated parent needs to be taught to say the following to the child (in his/her own words, but with the overall intent completely clear):

“I know how hard it is for you when you feel pain. I know that you and I do not see things the same way and maybe we never will. I am sorry for whatever I have done to cause you to feel pain and I know that our divorce has been terrible for you. I love you and do not want you to be in the middle of the war between your (mom/dad) and me. I know it is terrible for you and rather than have you continue to experience that pain, I am going to withdraw for a while.”

“I want you to remember three things. First, I do love you and want what is best for you. Second, I will always be there for you if you need anything. Third, if you ever change your mind and want to rebuild our relationship, nothing could make me happier. I am only withdrawing for now to help you feel less pain and take you out of the middle of our war. I will keep in contact with you every few months or so. I will keep sending you birthday and Christmas cards. I hope you get them and I hope you will write back. I will always make sure you know where I am and how to reach me if I move. More than anything, I want you to have peace in your life and some day, I hope I can be a part of it. I love you and I always will.”

While this is a painful thing for an alienated parent to do, sometimes it is the only viable solution for an intractable situation. I would certainly encourage such a child to remain in therapy, at least periodically, to explore how the situation is working out. I would also encourage the parent to continue sending the cards, inviting a reunification with the child. At the present time, there is no research on these children and families to know if this actually helps but anecdotal evidence for some children suggests that it might.

This article and articles published in the December issue of this publication by Drs. Schuman and Stahl were condensed from Chapter 1 in Complex Issues in Child Custody Evaluations by Philip M. Stahl, Ph.D., (Copyright Sage, Forthcoming)

The original article can be found here: http://www.fact.on.ca/Info/pas/stahl99.htm

The Orphan Trains – A CPS History Lesson “In the Best Interest of Children”

In adoption abuse, child trafficking, children legal status, Childrens Rights, Civil Rights, CPS, cps fraud, Family Rights, fathers rights, federal crimes, Foster CAre Abuse, Indians, judicial corruption, mothers rights, Obama, Orphan Trains, Parents rights, state crimes on April 21, 2009 at 5:00 am



They were part of westward migration, Many migrants were able to get to the immigrant ports but lacked the money to migrate westward where the Feds had free homestead land waiting. Living conditions were appalling. Families lived in abandoned buildings, under loading docks, in empty packing boxes, anywhere to get out of the East Coast’s bitterly cold winters.

Employment was denied to immigrants to drive them west. Or they were paid such low wages that it amounted to slave labor. All that did was make things worse.

To feed their families, desperate parents “sent their children out” to steal, rob, sell their bodies, work in sweatshops, anything to bring home pennies and nickels which were used to feed babies too young to “send out.”

Abuse, incest, abandonment, all the abuses of children that come with destitution were endemic.

A few parents gave their children to agencies who sent them west to be auctioned off into slavery, convinced by Federal propaganda that they were “better off there than being ‘sent out.’”

Rather than finance family travel, the Feds established kidnap agencies to collect children until a carload could be sent west on “Orphan Trains,” to be picked over at trackside by migrants looking for cheap labor. Frying pan to the fire!

Society for the Prevention of Cruelty to Children snatched children off streets and playgrounds, out of homes, schools and stores, anywhere they could be found a few feet away from their parents. Within minutes, victims were taken to one of three transport agencies. The system was “justified” by massive Federal propaganda that touted immigrant parents as “child abusers.”

(Yes, Virginia, I see the resemblance to modern massive falsification of child abuse, neglect and molestation accusations that are completely without validity and serve only to “justify” kidnapping children so they can be sold into adoption/slavery.)

Children’s Home Society was a Protestant agency that sent more children than any other agency to Protestants in the West.

New York Foundling Hospital was a Catholic agency that sent children to Catholics in the Desert Southwest, where Mexico was trying to block U.S. expansion. (See citation below for litigation that arose from that activity.)

Juvenile Asylum was government controlled. They couldn’t have cared less where the kids went as long as they went west. They handled primarily babies.

The Orphan Trains brought the U.S. close to revolution. Older children ran away home. Mobs attacked police and SPCC agents. In the West, Orphan Train and other victims became cannon fodder for a revolution that came close to splitting the U.S. into five nations. (See the Standing Bear cite below, the turning point.)

Orphan Train documentation is crawling with propaganda lies, most of them disinformation disseminated in a futile attempt to sucker the public into thinking they were done “in the child’s best interests.” Most blatant of all were:

The Jacob Riis photos are to this day hyped as “photos of starving street kids sleeping on grates to keep warm in New York City’s bitter cold winters.” Take a good look at those photos. Those kids are clean, neatly dressed, hair cut and combed and far from malnourished. Those pics were posed, period! There was no other way he could have taken them. For one thing, true street kids would have stolen his camera, robbed him of whatever money he had in his pockets and stripped him of his clothes to keep themselves warm.

This is equally true of every source of the time, whether sanitized government records, agency records, police records or family stories. With one exception that stands out like the beacon on a lighthouse.

The New York Times, from Day One to 1925 is the only source that I consider reliable and accurate for the Orphan Trains.

The reason is a peculiarity that I have never seen in any documentary source before or since. My reasoning is so heavily biased in their favor that I owe it to the reader to describe it.

Go to the original handwritten index and find the articles about a Catholic maid in Rome who stole her Jewish employer’s baby boy and gave him to the Papal Guards. There was a world wide furor. The Times was almost rabid in their condemnation of the Pope’s refusal to return the baby. The Pope ignored the world, eventually acknowledging the existence of intense world wide hostility with a terse statement that “We gotta save that baby from Satan!”

I probably should have included the episode in the master file that underlies this biblio, but I didn’t. Maybe some day I will.

The Times settled into heavy bias against snatching babies from natural parents. That conflicted with their equally strong support of Conquest of the West. It created editorial schizophrenia that resulted in coverage of the Trains that laid out for all to see the good, the bad and the ugly of the Trains, warts and all. That is the kind of data I look for in any kind of research, especially into the social and political sciences. The Times is the only place where I ever found it in one source.

The articles are indexed under “Children.” The phrase “Orphan Trains” does not appear in any source of the time. The time of it’s appearance in American language is uncertain. In any event, the change in language hampered my research until I discovered the correlation. Others are advised to use the same indexing approach.

“Rescuing thousands of starving children” is a classic example of lying when the truth would have served better. Even rabidly pro-Train writers on the Times staff found no evidence of “starving children.” What they did find was thousands of children who fed themselves and their families with every conceivable kind of crime, including lethal violence. The Times reported children kidnapped by SPCC from incestuous drunks, pimps, Fagins (Adults who used kids to commit crime, taking part of the profits.) and every other kind of child abuse one could think of. I believe those kids did in fact benefit from being kidnapped and sent west to be sold into slavery.

One thing I hear but have never confirmed is judges telling juvenile criminals “Go west or go to jail — your choice you little SOB!” The trend of the stories makes me think that it wasn’t done the first time a kid got busted for a minor offense. Rather, it was done only to the worst of the worst. This would be a good research project for some student who has access to New York City court archives.

The anti-Train faction on the Times staff reported kids taken from parents’ homes and front steps, out of yards and off the streets while on their way to the store, anyplace SPCC could find them in a vulnerable situation.

The Times reported mobs attacking SPCC agents and police, rescuing children and returning them to parents. There was one parental suicide. One infuriated mother walked into an agency’s child warehouse and so cowed the adults that they let her take her child home. The picture is one of extreme public hostility towards Train snatches. There were several anti-Train organizations.

The dichotomy in Times philosophy surfaced repeatedly in editorials. There is one back-to-back pair where the first supported Kansas’ complaints of “diseased, violent Train kids.” Next day, another editorial appeared saying “Kids OK. Shut up and take ‘em!”

Westchester Temporary Home for Destitute Children did not sent children west. Instead, they kept the children until parents could afford to reclaim them. They also “straightened out” uncontrollable children. Their refusal to send children west incurred the wrath of SPCC, the Times and other Train supporters. They filed a criminal child abuse complaint against the Home’s director. The ensuing trial had strong similarities to McMartin. Eventual vindication became the first domino in the collapse of the Orphan Train system. The first step was disbanding SPCC and reorganizing it into the Society for the Prevention of Cruelty to Animals.

Purists will object to my failure to include specific citations. There are two reasons. First, the total biblio would be twice the length of this one. (It’s a huge part of my original research folder.) Second, I hope to encourage researchers to duplicate my work. There are side alleys galore that lead to information that I did not include, but which would make projects in their own right.

There are auxiliary sources that suggest other lines of research.

There was a dog-eat-dog fight between Catholics and Protestants over control of the West. The Protestants wanted independence from Europe. The Catholics wanted the Desert Southwest returned to Mexico.

That culminated in the Catholics sending kidnapped children to Mexicans in the Desert Southwest. But they did not count on Protestant mobs mass kidnapping the children back and giving them to Protestants who were migrating into the same area.

New York Foundling Hospital v Gatti: U.S. Reports, 203 US 429 (1906.) Technically, This ruling said that the Federal courts had no jurisdiction to hear child custody cases. In reality, it upheld a Protestant mob snatching children placed with Mexicans in Arizona to thwart U.S. expansion into the area.

Norfolk, Nebr News Flyer, July 15, 1987, P 2. — See also Orphan Train Heritage Society, Rt 4, Box 565, Springdale Arkansas 72764. Their newsletter. The children’s view of the Orphan Trains. The first is an interview with a now elderly Orphan Train child. There is a reservoir of such interviews and articles if a researcher is willing to spend the time to find them. The trend is towards portrayal of slavery and abuse. The second is an organization that collects the stories of Orphan Train children. They work for reunions.

Much of the personal history of the Train children is already lost to death. The rest will follow unless somebody picks up their stories.

Hostility in recipient states. Orphan Train Heritage Society (ibid) has information. A researcher could easily find a law library with a good archive section and go through early state statutes. Several states celebrated their newly acquired statehood by enacting statutes prohibiting “placing out” Train children inside their borders.

Buckskin and Blanket Days Autobiography of Thomas Henry Tibbles (University of Nebraska Press, 1957 reprint.)

He was stolen from his widowed mother at about age 10 by an Ohio Sheriff and sold to a neighbor for Indenture. He promptly ran away and went west to live with the Indians.

He eventually became a major national activist, championing Indian Rights, fighting lies used to con people west, was Vice Presidential Candidate for the Populist Party and other activity. His most important activity was editor/writer/researcher for the Omaha Herald and was the prime mover in the Standing Bear litigation.

Tibbles was the leader of a group of people who included at least two Army Generals, Crook and Miles, Omaha Indian Chief Iron Eye — whose daughter, Bright Eyes, later married Tibbles — and at least one other in the Desert Southwest. I make out that they were within days of open military revolt with the objective of splitting the nation into five parts: The original 13 Colonies. The Deep South, basically the Confederacy. The Louisiana Purchase would become a separate nation under the leadership of Tibbles, Judge Dundy and Iron Eye. The Pacific Northwest would join Canada under Miles’ leadership. The Desert Southwest would rejoin Mexico under unknown leadership.

Tibbles is an excellent example of the level of hatred that is generated among child victims of whatever form of “adoption” takes them from their families and drives them into lifetimes of revolt against the authorities who did it.

Standing Bear et al v Crook: Federal District Court, Omaha, Nebraska. Case No 136 E. Filed April 8, 1879. Heard by Judge Elmer S Dundy May 12, 1879

Habeas Corpus, claiming illegal arrest of Standing Bear and others by U.S. Army

Culminated in freeing the Ponca party in a ruling that had landmark effects.

The records are no longer available from the Federal Archives in Kansas City. I have photocopies of the original paperwork, obtained from the Clerk of the Federal District Court in Omaha. I consider it a rare document whose importance is overlooked by historians and researchers.

The importance of this litigation is that prior to it Indians were legally dangerous wild animals. They were rounded up and confined to “reservations” to “preserve the species.” In those days, Indian Reservations bore a striking resemblance to modern zoos, used to save dangerous wild animals from extinction.

This litigation elevated Indian legal status from wild animal to human, entitled to the same legal and constitutional protections as Whites. In the purely legal sense, it is a lower court ruling, not entitled to precedent status. But Washington was afraid to appeal it because they knew doggone well it would be upheld all the way to the Supreme Court. It was a turnover event that reached far beyond Indian Rights to bring about major changes that reverberate even yet.

I spent several days reading media coverage of the time. The W Dale Clark Library in downtown Omaha has microfilms of two newspapers, the Omaha Bee and the Omaha Herald. Their views were so strongly opposed that they gave me the editorial dichotomy I look for when I research events of that importance. In essence, the Bee took the stand that Indians were pests to be exterminated while the Herald took the stand that Indians were martyrs to White greed, violence and bigotry.

There is one reference to a Congressional speech that talked about “a second Civil War.” There is much to support the concept.

Union Pacific got wind of it and realized that they would be split into at least three railroads. They sent in their top attorney, Andrew J Poppleton, who was attorney of record for Standing Bear in the litigation. Poppleton was assisted by attorney Jno L Webster, who was a Nebraska State Representative.

To someone like me, who has been in just such litigation, the paperwork reeks of sandbagging Washington. Judge Dundy “went bear hunting” just long enough to let Poppleton get the paperwork in order but not long enough for Washington to yank the case out from under him. General Crook put the Army under the jurisdiction of a local civilian court, which to this day has no legal standing. (I am not talking about individuals in the Army. The Army itself was the true defendant in this case.) General Crook told the world that the Poncas were “too sick to move” to keep them in Omaha so the Army couldn’t move them out of the Court’s jurisdiction. The witness who certified the Indians’ “X” signatures was one of Crook’s officers. It goes on and on like that.

This litigation was followed by a series of events that brought an end to the horrendous abuses of “Conquest of the West.” The new York Times changed it’s editorial stand from supporting the Orphan Trains to hostility. A few years later, the Westchester Home case toppled the Trains from their pinnacle of power. Union Pacific suckered a bunch of Eastern workers west with promises of non-existent jobs. Some infuriated workers, under the leadership of a close friend of Crook’s, former General Kelly, took over trains at gunpoint and went home, while others marched home, taking food and other supplies by force of arms as they went. Union Pacific and the Army were uncharacteristically meek and mild and stayed out of the way of the “Industrial Armies.” Hype that ignored harsh living conditions in the west suddenly became more realistic. Standing Bear, Tibbles and Bright Eyes did lecture tours stumping for Indian rights and more humane treatment of Native Americans. There was a marked change in Indian School policies and mass kidnaping Indian children was markedly reduced, driving what was left underground, where it continues even today.

Standing Bear exerted a profound influence that reduced the official child abuse called “Orphan Trains.” The influence was strong enough to force an Orwellian double-speak name change to “adoption.”

Tibbles is a good indication of the level of anger that is generated among mass kidnap victims and sublimated into revolutionary activity. There are others, such as serial killer Ted Bundy. This would make a good line of research for somebody developing a thesis.

My thanks to Leonard Henderson for this “history lesson.” http://familyrightsassociation.com/departments/kids/orphan_trains/orphan_trains.html

saved from http://incolor.inebraska.com/eaustin/adopt10.html

Child Protective Services CaseLaw

In child trafficking, Childrens Rights, Civil Rights, CPS, cps fraud, Family Rights, federal crimes, judicial corruption, mothers rights, Obama, Parents rights, state crimes on April 20, 2009 at 5:00 am

Beltran v. Santa Clara County, 514 F.3d 906, (9th Cir. 2008)
Beltrans sued two caseworkers under 42 U.S.C. ‘ 1983, charging constitutional violations in removing child from their custody and attempting to place him under the supervision of the state by fabricating evidence. Court overruled Doe v. Lebbos, and reversed the district court’s ruling that defendants were entitled to absolute immunity.

Brokaw v. Mercer County, 235 F.3d 1000, (7th Cir. 2000)
In 1983, three-year old A.D. Brokaw was removed from her parents’ home based on allegations of child neglect. After she turned eighteen, she sued her paternal grandfather, aunt, and uncle, alleging that they conspired to violate her constitutional rights by reporting false claims of child neglect. A.D. also sued the various state actors and agencies involved in removing her from her parents’ custody. The district court held that A.D.’s suit was barred by the Rooker-Feldman doctrine because, in effect, A.D. was challenging the validity of the state removal proceedings. The Eleventh Circuit reversed and remanded.

Calabretta v. Floyd, 189 F.3d 808 (9th Cir. 1999)
“This case involves whether a social worker and a police officer were entitled to qualified immunity, for a coerced entry into a home to investigate suspected child abuse, interrogation of a child, and strip search of a child, conducted without a search warrant and without a special exigency.” Can you guess what the answer was? “An unlawful entry or search of a home does not end when the government officials walk across the threshold. It continues as they impose their will on the residents of the home in which they have no right to be.”

Chavez v. Board of County Commissioners, 2001-NMCA-065, New Mexico Court of Appeals (2001)
Defendants are deputy sheriffs with the Curry County Sheriff’s Department, who were called to assist two social workers from the Children, Youth & Families Department on a “child welfare check” at Plaintiff’s home. Plaintiff’s son had not been attending elementary school. Thus, one reason for the visit to Plaintiff’s home was to investigate suspected truancy or educational neglect. Held: “At the time of entry into Plaintiff’s home, it was well-settled that the Fourth Amendment to the United States Constitution prohibited unreasonable searches and seizures and was intended to protect the sanctity of an individual’s home and privacy.”

Croft v. Westmoreland County Children and Youth Servs., 103 F.3d 1123 (3d Cir. 1997)
Holding that “a state has no interest in protecting children from their parents unless it has some reasonable and articulable evidence giving rise to a reasonable suspicion that a child has been abused or is in imminent danger of abuse.”

Doe v. Gooden, 214 F.3d 952 (8th Cir. 2000)
School district officials can be liable under 1983 if they are deliberately indifferent to acts committed by a teacher that violate a student’s constitutional rights.

Franz v. United States, 707 F 2d 582, US Ct App (1983)
“The undesirability of cultural homogenization would lead us to oppose efforts by the state to assume a greater role in children’s development, even if we were confident that the state were capable of doing so effectively and intelligently.” A brilliant analysis of the fundamental right to be free of unwarranted state interference between the child-parent bond, in this case stemming from the Witness Protection Program.

Good v. Dauphin County Soc. Servs. for Children and Youth, 891 F.2d 1087, (3d Cir. 1989)
“[P]hysical entry into the home is the chief evil against which the … Fourth Amendment is directed,” the Court explained, while adding: “It is a ‘basic principle of Fourth Amendment law’ that searches and seizures inside a home without a warrant are presumptively unreasonable.” No qualified immunity claim to be found here.

Heartland Acad. Cmty. Church v. Waddle, 335 F.3d 684, (8th Cir.2003)
Waddle, as Chief Juvenile Officer for the Second Circuit of Missouri, effected the removal of 115 boarding students from Heartland Christian Academy . Waddle had obtained ex parte probable-cause state-court orders to remove some of the boarding students, there were no orders of any kind to remove many of the students who were taken from the school. This case is noted for its brilliant analysis of Eleventh Amendment sovereign immunity, the Rooker-Feldman doctrine, and immunity as an officer of a juvenile court. The court held that: “any single violation of Heartland’s federal constitutional rights in this case would be sufficient to sustain Heartland’s claim for injunctive relief under ‘ 1983.”

Jones v. Hunt, 410 F.3d 1221 (10th Cir. 2005)
No qualified immunity in this ‘ 1983 action for alleged violations of Fourth Amendment rights arising from girl’s in-school seizure by a deputy sheriff and s Social Worker Supervisor for the New Mexico Children, Youth, and Families Department (“CYFD”). “We conclude that the Fourth Amendment violation as alleged in this case is both obvious and outrageous.”

Kelson v. Springfield, 767 F 2d 651, (9th Cir. 1985)
“Supreme Court and Ninth Circuit precedent establish that a parent has a constitutionally protected liberty interest in the companionship and society of his or her child. The state’s interference with that liberty interest without due process of law is remediable under section 1983.”

Lopkof v. Slater, 103 F.3d 144 (10th Cir. 1996) (Unpublished)
Defendants do not dispute that the law was clearly established that a warrantless search of a private residence is per se unreasonable under the Fourth Amendment unless one of “a few specifically established and well-delineated exceptions” applies. Defendants maintain that because they had “received specific information questioning the safety of children,” they acted in an objectively reasonable manner when they entered Lopkoff’s private residence. Wrong, and no qualified immunity for these officers.

Loudermilk v. Arpaio, 2007 U.S. Dist. LEXIS 76819 (D. Ariz. September 27, 2007)
With respect to Plaintiffs’ claim based on violation of the Fourteenth Amendment, parents and children have a constitutional right to live together without governmental interference and will not be separated without due process of law except in emergencies. Motion to dismiss by CPS worker and others who coerced entry into home denied.

Mabe v. San Bernardino, 237 F.3d 1101 (9th Cir. 2001)
Section 1983 creates a cause of action against any person who, acting under color of state law, violates the constitutional rights of another person. Whether reasonable cause to believe exigent circumstances existed in a given situation, “and the related questions, are all questions of fact to be determined by a jury.” Hence, no immunity for social worker under 42 U.S.C. 1983.

NEW! Michael v. Gresbach, (7th Cir. 2008)
The court held that: “a reasonable child welfare worker would have known that conducting a search of a child’s body under his clothes, on private property, without consent or the presence of any other exception to the warrant requirement of the Fourth Amendment, is in direct violation of the child’s constitutional right to be free from unreasonable searches.” No qualified immunity for this CPS caseworker! The court also held that the state statute that allowed for “investigations” on private property without a search warrant was itself unconstitutional as applied.

Malik v. Arapahoe County Dept. of Soc. Servs.191 F.3d 1306, (10th Cir. 1999)
“The defense of qualified immunity protects government officials from individual liability under 42 U.S.C. ‘ 1983 for actions taken while performing discretionary functions, unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Court also held that: “it was clearly established law that, except in extraordinary circumstances, a parent has a liberty interest in familial association and privacy that cannot be violated without adequate pre-deprivation procedures.”

Norfleet v. Arkansas Dept. of Human Servs., 989 F.2d 289 (8th Cir. 1993)
Court denies qualified immunity to the Human Services Director and caseworker involved because the state obligation to provide adequate medical care, protection, and supervision with respect to children placed in foster care was well established as of 1991.

Parkhurst v. Trapp, 77 F.3d 707 (3rd Cir. 1996)
The defendants attempt to avoid the imposition of summary judgment by arguing that, even if their conduct violated the Fourth Amendment, qualified immunity should shield them from liability. Qualified immunity is available to state actors in Section 1983 suits if those actors reasonably believed that their conduct was lawful. However, a good faith belief in the legality of conduct is not sufficient. Held: No qualified immunity.

Ram v. Rubin, 118 F.3d 1306 (9th Cir. 1997)
Holding “a parent has a constitutionally protected right to the care and custody of his children and he cannot be summarily deprived of custody without notice and a hearing except when the children are in imminent danger.” No qualified immunity for social worker who removed child not in imminent danger.

Rogers v. County of San Joaquin, 487 F.3d 1288 (9th Cir. 2007)
Court held: “the rights of families to be free from governmental interference and arbitrary state action are also important. Thus, we must balance, on the one hand, the need to protect children from abuse and neglect and, on the other, the preservation of the essential privacy and liberty interests that families are guaranteed under both the Fourth and Fourteenth Amendments of our Constitution.” Section 1983 case reinforces that removal of children from home by caseworker absent either a warrant or exigent circumstances violates those rights, and therefore no qualified immunity applies to caseworker.

Roska v. Peterson, 328 F.3d 1230, (10 Cir. 2003)
Holding no immunity for caseworkers who entered a home lacking either exigency or a warrant, and finding constitutional protection in the right to maintain a family relationship, Court held: “the law is now clearly established that, absent probable cause and a warrant or exigent circumstances, social workers may not enter an individual’s home for the purpose of taking a child into protective custody.”

Tennenbaum v. Williams, 193 F.3d 581, (2d Cir. 1999)
“We affirm the judgment insofar as it holds that the medical examination violated the Tenenbaums’ and Sarah’s procedural due-process rights and Sarah’s Fourth Amendment rights and awards damages therefor. . . We conclude, however, that there is a triable issue of fact as to whether the defendants’ removal of Sarah from school was contrary to the procedural requirements of the Due Process Clause and to Sarah’s right to be free from unreasonable seizures under the Fourth Amendment.” The Missouri Bar has an informative Courts Bulletin describing the case.

Turner v. Houseman, Docket: 07-6108 (10th Cir. 2008) (Unpublished)
“It was clearly established, at least two years before the events in question, that absent probable cause and a warrant or exigent circumstances, neither police nor social workers may enter a person’s home without a valid consent, even for the purpose of taking a child into custody, much less to conduct a search. It was also established that the warrantless seizure and detention of a person without probable cause or exigent circumstances, as alleged in Turner’s petition, is unreasonable.”

Wallis v. Spencer, 202 F.3d 1126 (9th Cir. 2000)
“In cases of alleged child abuse, governmental failure to abide by constitutional constraints may have deleterious long-term consequences for the child and, indeed, for the entire family. Ill-considered and improper governmental action may create significant injury where no problem of any kind previously existed.”

Walsh v. Erie County Dep’t of Job & Family Servs., 240 F. Supp. 2d 731, (N.D. Ohio 2003)
“Despite the Defendants’ exaggerated view of their powers, the Fourth Amendment applies to them, as it does to all other officers and agents of the state whose requests to enter, however benign or well-intentioned, are met by a closed door. . . Any agency that expects to send its employees routinely into private homes has a fundamental obligation to ensure that those employees understand the constitutional limits on their authority.”

Weller v. Dept of Soc. Servs., 901 F.2d 387, (4th Cir. 1990)
“Substantive due process does not categorically bar the government from altering parental custody rights.” What I find interesting about this case is that it was brought pro se, and that he sued a lot more people than I am.

Whisman v. Rinehart, 119 F.3d 1303 (8th Cir. 1997)
Whismans filed this action against juvenile officers and social workers, claiming they violated plaintiffs’ constitutional rights of familial association, denying plaintiffs due process of law. Defendants filed a motion to dismiss, contending that plaintiffs’ claims were not actionable under 42 U.S.C. ‘ 1983. Guess again!

Wooley v. City of Baton Rouge, 211 F.3d 913, (5th Cir. 2000)
Holding that a “childs right to family integrity is concomitant to that of a parent. No qualified immunity for police officers who removed young child in this section 1983 action.

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