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Posts Tagged ‘Famiy Values’

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

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Does Family Preservation Work? – Parental Rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Updated, April 24, 2006

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Introduction

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

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

Former Lord Chancellor Lord Irvine,
16th.January 2000

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

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

How To Kidnap A Child

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

by Stephen Baskerville, PhD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

November 19, 2001

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Maternal Deprivation? Monkeys, Yes; Mommies, No…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Custody Relocation: A Negative Effect on Children – In LaMusga

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

© 2004 National Legal Research Group, Inc.

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

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

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

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

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

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

Id. at 374-75.

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

LA County Puts the “Fix” on Parents Rights

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

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

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

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

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

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

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

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

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

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

The law also goes on to state:

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

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

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

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

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

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

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

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

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

The Primary Parent Presumption: Primarily Meaningless

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The original article can be found here.

Traumatized Teens after Divorce

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Support, children legal status, children's behaviour, Childrens Rights, Civil Rights, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, Freedom, Intentional Infliction of Emotional Distress, kidnapped children, Liberty, motherlessness, mothers rights, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Rights Amendment, Parentectomy, Parents rights, state crimes, Torts on June 2, 2009 at 11:00 pm

As a consequence of the epidemic of divorce that has swept the nation in recent decades, millions of young Americans have seen their parents’ marriage torn apart and have then found themselves incorporated into a new stepfamily. The emotions that adolescents experience during this two-step process recently received attention from researchers at Pacific University and Reed College. Their findings are sobering evidence that the members of the younger generation pay a high price for their parents’ marital failures and remarriages.

After conducting a series of in-depth interviews of adolescents affected by parental divorce and re-marriage, the Pacific and Reed scholars are able to identify some common themes. The researchers limn “two recurring reactions” to the first event of interest (namely, parental divorce):

1. largely suppressed feelings over the loss of the biological family, and
2. frustration over the disruption in life by the divorce.”

A somewhat more complex tangle of emotions emerges in adolescents’ characterization of their parents’ remarriage and of their own lives as part of a new stepfamily. The researchers acknowledge that the teens in their study do recognize some “positive aspects of their stepfamily situation”—including “increased material resources, a bigger house, and more gifts on holidays.” However, the researchers see “a preponderance of distress” in teens’ descriptions of stepfamily formation. In surveying the “numerous themes of distress and struggle” in these descriptions, the researchers highlight three:

1. losses in relationships, privacy and space, resulting in sadness, resentment and anger;
2. powerlessness in their tumultuous lives; and
3. confusion and feelings of being overwhelmed by all the changes.

Again and again the adolescents interviewed for this study lament the difficulties of “relocating to a new home and incurring losses of a former home, friends, extended family, school, and time with the noncustodial parent [usually the father].” These teens express “feelings of powerlessness … associated with the development of new family rules, differing values in the new family, and unequal enforcement of discipline among the stepsiblings.” And many of the adolescents struggle with “the burden of divided loyalties between their parents and their stepparent” as they try to sort out their “confusion [over] the changes in power structure.” A number of teens in the study express “open dislike and discord with their stepparent.” Not surprisingly, many of these adolescents have resorted to “‘hiding out’ in their bedrooms, ignoring the stepparent, and talking with friends or siblings [as] solutions to the stress of stepfamily life.”

The authors of the new study find heartening evidence of “resilience” in the “survival strategies” adolescents have developed for “coping with family distress.” But Americans who care about children’s well-being can only fear the long-term consequences of making home a place where teens struggle to survive emotionally.

(Source: Barre M. Stoll, “Adolescents in Stepfamilies: A Qualitative Analysis,” Journal of Divorce & Remarriage 44.1/2 [2005]: 177-189.)

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

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

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

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

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

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

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

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

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

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

The Macabre Dance of Family Law Court, Abnormal Psychology, and Parental Alienation Syndrome – Summary

In Alienation of Affection, Best Interest of the Child, California Parental Rights Amendment, Child Custody, Child Support, child trafficking, children legal status, children's behaviour, Childrens Rights, Civil Rights, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Freedom, Intentional Infliction of Emotional Distress, Jayne Major, judicial corruption, Liberty, MMPI, MMPI 2, motherlessness, mothers rights, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes, Title Iv-D, Torts on May 31, 2009 at 5:15 pm

by Jayne A. Major, Ph.D. http://www.breakthroughparentingservices.org/index.htm
Copyright 2009: Jayne Major. All rights reserved.

Dr. Major attended the latests Symposium For Parental Alienation Syndrome during March 27-29, 2009 in Toronto, Canada and gave this speech reprinted here:

“Our litigation system is too costly, too painful, too destructive,
and too inefficient for civilized people.”
~ Justice Warren Burger

If we accept that Family Law courts have a moral imperative to seek truth and to do as little harm as
possible, our Family Court system is failing miserably. Too often what prevails in court is not the truth, but the illusion of truth. The current litigation system is not capable of protecting children from the horrendous damage inflicted by those parents who are disturbed. Children lose critical thinking ability, incur the devastating loss of one-half of their heritage and a lifetime doomed for failed social relationships and
psychiatric disorders.

Few lawyers, judges, nor laypersons are able to recognize seriously disturbed people who look and often act
“normal.” Yet, their numbers are large and the damage they do to other parents, their children, and society is
staggering. Sociopaths are cruel—without moral conscience, empathy, sympathy, or compassion. Their purpose is to win by domination. Harvard psychologist Martha Stout, in her book The Sociopath Next Door, states that one in twenty-five people is a sociopath. Furthermore, there is an estimated 20% of the general population with personality disorders. Those individuals who are the most dangerous are described in the DSM IV, Axis II Cluster B. The descriptive labels of these disorders are borderline, narcissistic, histrionic, and anti-social.

We can assume that a much higher percentage of these disturbed people can be found in Family Law courts
because they are unable to compromise or to work out family solutions without conflict. They lack insight, are unable to realize how they contribute to the problem, want their way, blame others, can’t self-correct, have difficulty forming trusting relationships, are unreasonable and demanding, create upset and distress with people around them, and justify inappropriate behavior. They have a “my way or the highway” mindset. Their behavior is not episodic but a pervasive character flaw that has always been present.

Therapy is of little help to these individuals, as their disorder is not fixable. The reason is that you can’t have a conversation about a problem when the problem is answering the question. Thus, the cure-all of sending such people to therapy is of little value. In fact, because sociopaths have no moral conscience, therapy gives them the language and skills to manipulate others more effectively; it helps them become better at being sociopaths. And they often get the upper hand in court by diverting attention off of themselves and onto the targeted parent by making numerous false allegations.

Often judges order a psychological evaluation to help them decide what would be the best orders for a
family. The evaluation is intended to curb the dysfunctional parent from doing more damage; however, this
is often not the outcome. When only one professional evaluates a family, the chance for error is high.
Personal bias is one problem.

Psychologists are not immune to being unduly influenced by a cunning and persuasive sociopath. Another problem is a policy followed by most evaluators to routinely offer a middleof-the-road recommendation rather than address the psychiatric problems directly. A third problem is that evaluators are unwilling to use labels that would identify these disorders. While there are many valid reasons to not label people, the end result is that the psychologists’ report does not provide a clear and accurate picture of the underlying dynamics of the family and causes of the dysfunction.

Imagine a parent who has to deal with the other parent’s crazy-making behavior day in and day out as they watch his or her child deteriorate under the disturbed parent’s care. They do not understand why the alienating person is so difficult and irrational. Most of all, the targeted parent wants to know what they can do to make the situation better. Without clarity, truth is hard to distinguish. The unfortunate outcome of too many psychological evaluations is that hard decisions to protect a child are not made early, which necessitates more litigation and future evaluations… in the mean time, more damage is done.

Furthermore, in litigation, lawyers are supposed to advocate for their clients, not for their clients’ children or
the well-being of the family. It is very easy for a lawyer to manipulate situations to make the healthier parent
look disturbed and their own disturbed client appear superior. For those lawyers who hold litigation as a
sport of winning and losing combatants, the principle of “the best interest of the child” is used as a slogan to
justify what is not in a child’s best interest. The result is often disastrous. The parent who will do the most damage to a child ends up with substantial legal and physical custody. In terms of preserving the mental health of all concerned, litigation of these cases causes profound and permanent damage, a loss of family assets, and untold suffering. The dance between Family Law courts and those who are psychologically abnormal is macabre indeed.

Do we really want to continue to let mentally unstable people get the upper hand and create mayhem? We are the professionals, the leaders, the creative thinkers who have the responsibility to implement a better way of handling family reorganization. The destruction of our families, our children, our wealth, has a horrific ripple effect into all of society.

Following is a paradigm that will not only stop parental alienation syndrome but preserve the well-being of
all members of separating families. The plan relies on mediation, education, and prompt legal intervention.
Highly trained professionals who understand family systems and are able to recognize mentally disturbed
parents work as a team. Families are tracked by a Case Manager.

A 6-week Divorce Education course provides a foundation of knowledge that creates understanding and enhances positive adjustment in the reorganizing family. Financial issues are worked out by professionals who also educate parents about how to manage their money. Parents pay for the services they receive according to their ability to pay. Most of all, parents always have a place to go when they see that the family plan is not working. The cost of this method of resolving family dissolution is minimal compared to the cost of maintaining an elaborate Family Law court system. High-conflict disputes are minimized or eliminated. The result of using this method would have a healthy impact on society as we would not be passing on from one generation to the next abusive practices that carry mental instability to the next generation.

To read more of the article see: http://www.breakthroughparentingservices.org/3-09_Summary_of_Presentation.pdf

Deadbeat Social Scientists – Child Support Myths Debunked

In Best Interest of the Child, California Parental Rights Amendment, Child Support, child trafficking, children criminals, children legal status, children's behaviour, Childrens Rights, Civil Rights, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Freedom, 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, Rooker-Feldman Doctrine, state crimes, Title Iv-D on May 27, 2009 at 12:30 am

By Robert Locke
Monday, July 02, 2001

EVERYBODY HATES DEADBEAT DADS. They are excoriated from the feminist Left to the familyvalues Right. This has resulted in a national frenzy of efforts to tighten up childsupport enforcement, beginning with the Child Support Enforcement Act of 1975 (amended in 1984) and including numerous state statutes. Unfortunately, as a new book persuasively argues, they are largely a myth. In fact, they are frequently victims in their own right. Dr. Braver began his research intending only to refine the received wisdom, but his empirical findings changed his own mind. The prevalence of the myths he has exploded raises serious questions about the entire structure of liberal social science, on which our nation’s public policies are based, and the susceptibility of statistics to manipulation by liberal academics.

Dr. Braver refutes six key antifather myths one by one. He writes:

“1. Divorced dads are not overwhelmingly deadbeats in terms of child support compliance. They actually pay far better than assumed, especially if they remain fully employed.”

The horrifying figures for nonpayment of child support that are usually quoted are wrong for a number of reasons. First, they are based solely on maternal reporting. Second, they are based on lumping together divorcees with nevermarrieds, who pay at a lower rate. Third, some studies of the problem record only payments made through court clerks, not all payments. Fourth, most of the remaining deadbeats are in jail, unemployed, in poverty, or otherwise unable to pay for understandable reasons.

“2. Divorced dads are not overwhelmingly disappearing or runaway dads. Most continue a surprisingly high amount of contact with their children, and much of whatever disconnection does occur can be attributed directly to mothers impeding or interfering with visitation.”

Myth holds that divorced men are generally uninterested in their children, a view that derives mainly from a single inaccurate study and from the popculture stereotype of the divorced father with sports car and girlfriend in tow. But, in reality, roughly threequarters of divorced fathers who live in the same town as their children see them regularly, according to Dr. Braver’s own research. And they would frequently see them even more often if it were not illegal for them to do so under the visitation rules to which they are legally subject. Not to mention maternal denial of these visitation privileges, which is a serious and underappreciated issue in its own right.

“3. Divorced fathers do not end up noticeably more economically advantaged by divorce than mothers… in the long run, many divorced mothers will surpass divorced fathers in economic well being. Divorced mothers and children do not disproportionately end up in poverty, and those few who do almost without exception would continue to be in that state whether or not their ex-husbands paid full child support.”

An entire feminist obsession, which many nonfeminists have been taken in by, has been erected upon the so-called “feminization of poverty.” This turns out to be a statistical mirage generated by biased studies. Those divorced mothers who end up in longterm poverty turn out to be (surprise, surprise) those who were from poor backgrounds in the first place, even when they were married. In only 2% of divorces would full payment of alimony and child support lift a poor mother out of poverty who is now in it.

“4. Divorced fathers are not far better satisfied or advantaged in the negotiations leading to their divorce settlements. In fact, fathers are significantly disadvantaged and dissatisfied compared to mothers, who feel more in control of the settlement process than fathers.”

A substantial feminist inspired mythology claims that because the judicial system is run mainly by men, it favors fathers at every step in the divorce process. Despite the fact that every major feminist demand (starting with abortion and running right down the list) has been passed by maledominated legislatures and courts, this men vs. women mythology is emotionally satisfying and therefore believed in. But in fact, the court system has a demonstrable maternalist bias in custody awards and other issues which can be traced in the history of legislation and court decisions.

“5. Divorced fathers are not more content and better emotionally adjusted after divorce than mothers. In fact, overwhelming evidence suggests that they are far more emotionally devastated by divorce than mothers. Only with respect to calming their anger more quickly than their exspouse do fathers have an emotional advantage over mothers.”

The myth holds that divorced dads don’t have a care in the world, with the possible exception of their new, younger, girlfriends. In fact, they tend to be less well adjusted emotionally than their exwives by standard measures of psychological well being. According to a 1985 USA Today poll believed to be valid, 85% of divorced women claim to be happier postdivorce, compared to only 58% of men. Divorced women still usually have their children; divorced men often end up with nothing, relationshipwise.

“6. Fathers do not generally trigger the marriage’s demise by abandoning their wives and families.”

The myth holds that women are devotedly maternal while contemporary American men are too immature to “commit” enough to make their marriages work and are therefore responsible for most divorces. In fact, 2/3 of all divorces are initiated by the woman. And women tend to initiate divorces not because they are abused or otherwise objectively illtreated, but for emotional reasons like “my husband doesn’t communicate with me.”

Not only does Dr. Braver exonerate deadbeat dads, but he documents a number of ways in which postdivorce custodial mothers misbehave. The big thing mothers do is deprive fathers of their lawful visitation rights. The courts are set up to take very seriously the enforcement of childsupport payments by fathers, but they assign little seriousness to the issue of visitation rights. Mothers in most jurisdictions can arbitrarily deny courtordered visitation rights without fear of sanction from police or the judicial system. It would seem that one appropriate reform is to enable fathers to withhold childsupport payments when visitation rights have not been honored.

Mothers routinely practice more subtle forms of aggression. Because they have custody of the children most of the time, they are well placed to poison their minds against their fathers. They are particularly prone to do this if they remarry and wish to “reprogram” the kids to accept their new spouse as their father. They also have a tendency to do it simply out of spite at their ex-husband. Some mothers cynically exploit the police to falsely claim harassment or domestic violence to keep their ex-husband away, a tactic that the law stupidly encourages in a number of ways. It seems that the maternal instinct may not always be the good thing it is usually depicted as, if it drives women to behave like enraged shebears and clutch their children at the expense of their fathers’ legitimate rights.

So where did these myths come from, if untrue? Basically, our society developed a massive emotional desire to believe the worst of divorced fathers. Then social scientists, despite their pretensions to objectivity and hard statistics, lamely translated these biases into research findings. The negative stereotyping of divorced fathers that routinely appears would get people arrested by the PC police if it were applied to minorities, women, or any other category of person. Dr. Braver suggests that our society is experiencing a great deal of stress over the ongoing decay of the traditional family and needed to find a scapegoat. Deadbeat dads conveniently appealed as villains to both feminists and family values types, guaranteeing political support and ideological cover on both sides of the aisle. Conservatives also sought to cultivate respectability with the liberal bestowers of moral respectability by endorsing the liberal line (a classic case of the negative consequences of allowing the Left the moral high ground.) There was also an appeal to a pseudoscientific version of sociobiology, which claimed that it is the nature of males to seek polygamous or serialmonogamous relationships because of an evolutionary incentive to spread their DNA around. This has been called the “Darwin made me do it” defense and raises obvious questions on its own that this is not the place for. Once again, truth was intimidated out of people by the sheer selfassertion of liberals who arrogated to themselves the right to decide which ideas are “offensive.” We have got to learn to simply ignore them, and to use their mistakes on issues like this one as a battering ram to destroy their credibility. Fortunately, and partly due to Dr. Braver’s research, which was expressed in a Presidential commission in 1996, the political system is starting to recognize the necessity of fathers again. For example, more states are establishing joint custody as the norm.

But the most disturbing thing Dr. Braver shows has nothing to do with divorced families per se, but pertains to the shabby standards of social science research. This research, which forms the picture of society on which government policy is based, is conducted almost entirely by liberal academics, and yet is taken by legislatures and courts, not to mention the general public, as being simply objective truth. He documents in devastating detail the degree to which sloppy research standards have opened the door to liberal bias. Properly disciplined research has epistemological safeguards built in to protect it from the biases of the researchers. Naturally, this makes one wonder what other received truths of our society are myths generated by biased research.

Liberal social scientists have mangled their research on divorce in a number of ways. Here are a few:

1. Almost all studies have been based on what people report to be true, not on verified tax returns or bank statements.

2. This reporting hasn’t even included the father most of the time.

3. One notorious study that claimed to show a 73% decrease in maternal incomes after divorce used incomeadjustment figures based on Labor Department raw data gathered in… 1961!

4. This same study also measured pretax income, not aftertax, ignoring the fact that childsupport is taxfree. (There is also a tax credit for child care.) Headofhousehold mothers are taxed at a lower rate than nowsingle divorced fathers, and can claim their children as exemptions.

5. Divorced fathers spend substantial amounts of money on their children beyond simple child support. They spend significant undocumented amounts on visitation and buying necessities and other items for their children. They must maintain larger residences than they would without children visiting now and then. They bear most visitational transportation costs.

6. Divorced fathers are often ordered to pay for their children’s medical insurance over and above child support. Not only do most studies not count this, some even falsely assume the mother is paying.

7. Divorced fathers and nevermarried fathers behave very differently, the nevermarrieds being consistently worse in almost every way. Studies tend to lump them together.

8. Studies of the decline in maternal standardofliving tend to ignore the fact that after divorce, mothers tend to upgrade their job skills and otherwise move up the economic ladder, as is the general pattern over time of the whole population.

9. In the reams of studies being done about divorced fathers, almost none of the studies ever asked these fathers why they were abandoning their children, which the received wisdom claimed they were doing. Naturally, if they had, they might have found there was no reason, because they weren’t.

No one on the peer review committees that oversee the publication of this research in academic journals, or the giving of grants to fund it, ever blew the whistle on these errors. The system failed.

But it gets worse. Many of the bad figures and illogical analyses are from the Census Bureau reinforcing the view that, like the National Endowment for the Arts, the Census Bureau and its budget should be ruthlessly gutted as soon as possible to restrict it to the narrow duty prescribed to it by the Constitution and keep it from spouting liberal nonsense by collecting figures the Constitution does not authorize it to.

The second great intellectual villain of divorce mythology is one Prof. Lenore Weitzman of Harvard University. She was the author of an immensely influential 1985 study that claimed that after divorce, mothers experience a 73% drop in their standard of living and fathers a 42% rise. This study was the basis for several pieces of legislation. It turns out that her finding was based on a simple misprogramming of the computer analyzing the data which reveal that mothers end up with 73% of their former standard of living, (a 27% drop) not 73% less.

This was not an innocent “computer error.” The computer did what it was supposed to do; the investigator mangled the result. The idea that vast policy changes can come from such incompetence is nothing less than mind boggling. This incident needs to be treated as the My Lai of academic social science, which needs to be dethroned from its privileged position in policy disputes. Dr. Braver, who investigated this error and gave Prof. Weitzman a chance to respond, documents her mendacity and evasive behavior throughout this episode, which ended in her admitting the charges against her, for which she has never been disciplined.

The Left has chased conservative social scientists who could have blown the whistle on these shenanigans out of the academy. When will people learn that having a conservative presence in academia really does matter? If there had been an adequate number of conservative sociologists in the academy, someone could have critiqued these figures when they came out and before they had the chance to mislead the public and influence policy. Frankly, it is time to start pruning government funding for sociological research, which always seems to just prove we need more government spending, and to start cutting back sociology departments at the universities.

Dr. Braver’s Deadbeat Dads is thus probably the most important work of conservative social science in a decade, easily in a class with Charles Murray’s “Losing Ground”

The original article can be found on Frontpage Magazine: http://www.frontpagemag.com/Printable.aspx?ArtId=24190

Parental Rights – Involuntary Divorce and Child Support

In Best Interest of the Child, Child Support, child trafficking, children legal status, children's behaviour, Childrens Rights, Civil Rights, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Freedom, judicial corruption, kidnapped children, Liberty, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parentectomy, Parents rights, Rooker-Feldman Doctrine, state crimes, Title Iv-D on May 26, 2009 at 6:18 pm

Fueling the Machinery: The Role of Child Support
By Stephen Baskerville
The Howard Center for Family, Religion, and Society
May/June 2006

The other dilemma raised by involuntary divorce — also now manifest in today’s marriage controversies — was how to finance the increased costs it inevitably brought. The solution was child support, which provides financial incentives to weaken marriage and sever the ties between children and parents, particularly fathers.

Like most of the government machinery now used to administer divorce, child support grew directly out of welfare. It was designed not for middle-class divorced families, but for welfare families that had never been formed through marriage in the first place. Its justification was to recover welfare costs and save public revenue. (In fact, it has consistently lost money, with a current annual deficit approaching $3 billion.)[113] In fact, the subsequent experience might well be seen as a vindication of prophecies that a quasi-socialistic welfare state would inevitably create a “road to serfdom.”

Though the social consequences of mass fatherlessness have been apparent for decades in welfare-dependent communities, thanks to the 1965 Moynihan Report, the political implications for freedom were not as apparent as they are now becoming with middle-class divorce. Because most low-income parents were not living together (which welfare discouraged), there was seldom a need to forcibly evict the father. Employing law-enforcement methods to coerce him to provide for the family was also readily justified, both because his children were receiving welfare and because he was not residing in the home where he could provide for his children as he saw fit. The fact that often he had not made a formal lifetime commitment to the family through marriage no doubt also contributed to the moral case for coercive action against him. No distinction was recognized between fathers who shirked their responsibilities and those who accepted them. Similar to the status later afforded to involuntarily divorced spouses, the unmarried father was treated as “guilty” of paternity and subject to the penal system.

Having erected this machinery to coerce relatively small sums from low-income fathers, where marriage had not taken place, the welfare agencies then extended their jurisdiction to middle-class fathers, whose marriages had to be — and because of no-fault divorce, now could be — forcibly dissolved by court action and where much more substantial sums were available. As with no-fault divorce, no public debate preceded a massive expansion in the scope of state power over family finances and private family life.[114]

It was already known that welfare payments to low-income mothers result in increased divorce (before it led them to forego marriage altogether).[115] Child support added a dimension of law enforcement and forced the middle-class father, as Jed Abraham puts it, “to finance the filching of his own children.”[116] Child support thus became an “unintended economic incentive for middle-class women to seek divorce”: “Strong enforcement…may, in fact, lead to…the unintended consequence of increasing the likelihood of divorce.”[117]

“Deadbeat dads” are another of those public malefactors whose crimes are so repugnant that innocence is no excuse. Yet no government agency has ever produced any scientific evidence that there is, or ever has been, a problem of parents not supporting their children other than that created by the government. Psychologist Sanford Braver, in the largest federally funded study ever undertaken on the subject, conclusively demonstrated that the “deadbeat dad” is largely a government creation. Described by FrontPageMagazine as “the most important work of conservative social science in a decade,”[118] Braver’s study showed that the child support “crisis” consists of little more than the government separating children from their fathers, imposing patently impossible debts on fathers who have done nothing to incur those debts, and then arresting those who, quite predictably, cannot pay. His research undermined every justification for the multi-billion dollar criminal enforcement machinery. Yet eight years after Braver’s book, no enforcement agency has responded to his findings.

Others have confirmed them. William Comanor and a team of scholars have documented the faulty economics. Ronald Henry calls the system and its rationalization “an obvious sham,” “the most onerous form of debt collection practiced in the United States,” and one “that is matched nowhere else in [the] legal system.”[119]

The consequences are corrosive of not only family stability, but constitutional protections. Bryce Christensen argues for a “linkage between aggressive child-support policies and the erosion of wedlock” and writes, “the advocates of ever-more-aggressive measures for collecting child support have trampled on the prerogatives of local government, have moved us a dangerous step closer to a police state, and have violated the rights of innocent and often impoverished fathers.”[120] Abraham writes that “the government commands an extensive enforcement apparatus, a veritable gulag, complete with sophisticated surveillance and compliance capabilities such as computer-based tracing, license revocation, asset confiscation, and incarceration. The face of this regime is decidedly Orwellian.”[121]

Like domestic violence and child abuse measures, child support enforcement is governed by an explicit presumption of guilt, wherein the accused must prove his innocence. “The burden of proof may be shifted to the defendant,” according to an approving legal analysis by the National Conference of State Legislatures (NCSL). Further, “not all child support contempt proceedings classified as criminal are entitled to a jury trial,” and “even indigent obligors are not necessarily entitled to a lawyer.”[122] A father who has lost his children through literally “no fault” of his own must prove his innocence without a formal charge, without counsel, and without facing a jury of his peers.

Child support enforcement further blurs the distinction between guilt and innocence, since officials monitor parents with arrearages, those whose payments are current, and even citizens who are not under an order. The presumption of guilt against those obeying the law was revealed by one official who boasted that “we don’t give them an opportunity to become deadbeats” and by former Attorney General Janet Reno, who referred to current payments “collected from deadbeat parents,” branding as criminals parents who do pay.[123] The presumption that not only all parents under child support orders are already quasi-criminals, but all citizens are potential criminals against whom pre-emptive enforcement measures must be initiated now in anticipation of their future criminality, is revealed by NCSL, which justifies collecting names from the general population by saying, “At one point or another, many people will either be obligated to pay or eligible to receive child support.”[124]

The role of child support in undermining marriage also explains why the fatherhood and marriage promotion measures of the last two administrations have achieved little and why they may be exacerbating the problem.

During the 1990s, the Clinton administration and other governments initiated programs to “promote fatherhood.” Despite the professed (and possibly quite sincere) aim of extolling the importance of fathers and the need to reconnect them with their children, in practice these programs themselves often ended up serving as justifications for collecting child support. The result, therefore, was somewhat opposite of what was advertised, since the federal government was promoting fatherhood with one hand while subsidizing divorce and fatherless homes financially with the other.

Under the Bush administration, the emphasis shifted from fatherhood to marriage. Yet the substance remained similar. While the initiative seems likewise to have proceeded from a genuine desire to redirect priorities toward programs that enhance marriage, with funds devoted to marriage counseling, in practice it has also been compromised by political pressure to continue the essentially punitive approach to family dissolution dominated by the child support system. Since January 2003, some substantial grants announced by HHS under the Healthy Marriage initiative have gone to child support enforcement agencies and private groups involved in collection.[125]

In short, the debate about the desirability of the government promoting marriage and fatherhood may be rendered irrelevant by the fact that the programs are not always what they appear. Whatever the merits of programs encouraging marriage formation, it is not clear that these disbursements even can achieve the desired goal. It is more likely that by expanding programs that are predicated on the removal of the father from the home, the federal funds are undermining marriage rather than encouraging it. Whatever one’s sympathies, on both sides the public debate over government marriage programs has been somewhat beside the point.

113 Child Support Enforcement (CSE) FY 2002 Preliminary Data Report, 29 April 2003, figures 1 and 2 (http://www.acf.hhs.gov/programs/cse/pubs/2003/reports/prelim_datareport/).

114 See “Statement of Leslie L. Frye, Chief, Office of Child Support California Department of Social Services Testimony…on the Administration’s Child Support Enforcement Incentive Payment Proposal, March 20, 1997” (http://waysandmeans.house.gov/legacy/humres/105cong/3-20-97/3-20frye.htm), 1-2.

115 Saul Hoffman and Greg Duncan, “The Effects of Incomes, Wages, and AFDC Benefits on Marital Disruption,” Journal of Human Resources 30 (1995), 19-41.

116 Jed Abraham, From Courtship to Courtroom: What Divorce Law Is Doing to Marriage (New York: Bloch, 1999), 151.

117 Kimberly Folse and Hugo Varela-Alvarez, “Long-Run Economic Consequences of Child Support Enforcement,” Journal of Socio-Economics, vol. 31, issue 3 (2002), 274, 283, 284.

118 Sanford L. Braver, Divorced Dads: Shattering the Myths (New York: Tarcher/Putnam, 1998); Robert Locke, “Deadbeat Social Scientists,” FrontPageMagazine.com, 2 July 2001 (http://frontpagemag.com/columnists/ locke/2001/locke06-29-01.htm).

119 Ronald Henry, “Child Support Policy and the Unintended Consequences of Good Intentions,” in W.S. Comanor (ed.), The Law and Economics of Child Support Payments (Edward Elgar Publishing, 2004), 130, 135, 139.

120 Bryce Christensen, “The Strange Politics of Child Support,” Society, vol. 39, no. 1 (Nov.-Dec. 2001), p. 63.

121 Jed Abraham, From Courtship to Courtroom: What Divorce Law Is Doing to Marriage (New York: Bloch, 1999), pp. 154-155.

122 NCSL Internet site: http://www.ncsl.org/programs/cyf/Criminalnon.htm (accessed 28 August 2001).

123 Robert O’Harrow, “Uncle Sam Has All Your Numbers,” Washington Post, 27 June 1999, A1; “Attorney General Reno Announces Plan to Crack Down on Dead-Beat Parents Who Fail to Pay Child Support,” Department of Justice press release, 22 December 1994.

124 NCSL Internet site: http://www.ncsl.org/programs/cyf/csissue.htm (accessed 24 January 2000).

125 “ACF Approves Child Support Demonstrations in Four States,” Administration for Children and Families press release, 29 April 2004.

The original article can be found here: The Real Danger of Same-Sex Marriage http://www.profam.org/pub/fia/fia.2005.6.htm#Fueling_the_Machinery:_The_Role_of_Child_Support

Indentured Families – Social conservatives and the GOP: Can this marriage be saved?

In 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, DSM-IV, 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, Rooker-Feldman Doctrine, state crimes, Title Iv-D on May 24, 2009 at 12:30 am

by Allan Carlson
03/27/2006, Volume 011, Issue 26

IN THE INTERNAL POLITICS OF the Republican coalition, some members are consistently more equal than others. In particular, where the interests of the proverbial “Sam’s Club Republicans” collide with the interests of the great banks, the Sam’s Club set might as well pile into the family car and go home.

Consider, to take one recent instance, the Bankruptcy Abuse Prevention and Consumer Protection Act, enacted last year, after a long delay, with support from congressional Republicans. A controversial clause that would have prevented abortion protesters from filing for bankruptcy to avoid paying court-ordered fines had stalled the measure. After the Senate rejected this provision, GOP leaders drove the bill through both houses of Congress and gained an enthusiastic signature from President George W. Bush.

In a nutshell, the new law makes a “clean start” after filing for bankruptcy much more difficult for families with at least one wage earner. Instead, most affected households will find themselves essentially indentured to a bank or credit card bureau, paying off their debt for years to come. “A new form of feudalism,” one critic calls it.

In truth, some had abused the old law, turning repeated bankruptcy filings into a kind of circus. A tightening on this side probably made sense. Significantly, though, the new law made no real changes on the lenders’ side, measures that might have reined in an increasingly predatory credit industry. It is common knowledge, for example, that credit card companies intentionally urge financially troubled families to borrow still more money, because they can charge these households exorbitant interest rates. As one Citibank executive has candidly observed, “They are the ones who provide most of our profit.” Late payment fees, another favored industry device, reportedly deliver over 30 percent of credit card financing revenue. Assurances by lawmakers that the new law will bring credit card interest rates down fly in the face of these more fundamental corporate strategies.

True, in the context of America’s new debt-driven economy, this treatment of financially troubled families may constitute “good business” (even if under older ethical standards it’s the equivalent of offering a barrel of whiskey to an alcoholic). More fundamentally, though, the GOP’s opting for an outcome that’s good for Citibank’s profits while disregarding the effects on families should cause no surprise.

SOME HISTORY may help here. The modern “family issues” are actually about a century old. The first openly “pro-family” president was a Republican, Theodore Roosevelt. Between 1900 and about 1912, he wrote and spoke often, and eloquently, about the dangers of a rising divorce rate and a falling birth rate. He celebrated motherhood and fatherhood as the most important human tasks, and described the true marriage as “a partnership of the soul, the spirit and the mind, no less than of the body.” He blasted as “foes of our household” the birth control movement, equity feminism, eugenics, and liberal Christianity.

However, the Rough Rider was the only prominent Republican of his time to think and talk this way. The dominant wing of the GOP tilted in favor of the banks, the great industries, and–perhaps more surprisingly–the feminist movement. Indeed, as early as 1904, the National Association of Manufacturers had formed an alliance with the feminists, for they shared an interest in moving women out of their homes and into the paid labor market. When the feminists reorganized as the National Woman’s party in 1917, the manufacturers’ association apparently provided secret financial support. More openly, Republican leaders embraced the feminists’ proposed Equal Rights Amendment, first advanced in Congress in 1923. The GOP was also the first major party to endorse the ERA in its platform.

Meanwhile, the Democrats consolidated their 19th-century legacy of “Rum, Romanism, and Rebellion”: that is, as the party favoring beer halls, the new immigrants from Eastern and Southern Europe, southern agrarians, northern Catholics, small property, the trade unions, and–importantly–the “family wage” for male workers. This cultural and legal device sought to deliver a single wage to fathers sufficient to support a wife and children at home. The Democrats also welcomed the “Maternalists” into their ranks, female activists who–while believing strongly in equal legal and political rights for women–also emphasized the natural differences between the sexes when it came to childbirth and child care. They favored federal programs for the training of girls in home economics and for “baby saving,” meaning efforts to reduce infant and maternal mortality. They fiercely opposed working mothers and day care. Under this Maternalist influence, every New Deal domestic program openly assumed or quietly reinforced the goal of a “family wage” and the model American family of a breadwinning father, a homemaking mother, and an average of three or four children.

In short, from 1912 until 1964, the Democrats were–on balance–the pro-family party. The Republicans, on balance, were the party of business interests and the feminists.

All this changed between 1964 and 1980 with the emergence of the “Reagan Democrats.” This radical reorientation of American domestic politics began with debate about adding “sex” to the list of prohibited discriminations under Title VII (employment issues) of the proposed Civil Rights Act of 1964, a fascinating event that ended with the addition of “sex” and the ensuing legal destruction of the “family wage” regime. The broad transformation continued with the rise of the “pro-family movement” during the 1970s, behind early leaders such as Phyllis Schlafly and Paul Weyrich. It ended in 1980 with the solid movement of northern Catholics and southern evangelicals into the Republican party, and the counter-movement of feminists and the new sexual revolutionaries into the Democratic fold. Ronald Reagan, a proud four-time voter for Franklin D. Roosevelt and a lifelong admirer of the New Deal, explained his 1980 victory to a group of Catholic voters this way:

The secret is that when the left took over the Democratic party we [former Democrats] took over the Republican party. We made the Republican party into the party of the working people, the family, the neighborhood, the defense of freedom. And yes, the American Flag and the Pledge of Allegiance to One Nation Under God. So, you see, the party that so many of us grew up with still exists except that today it’s called the Republican party.

In fact, this was only partly true. For the Republican party as reshaped by Reagan now saw pro-family social conservatives in political alliance with the interests of the banks and the large corporations. Main Street and Wall Street were under the same tent, which was a very new development.

SO, HOW WELL has the Republican party performed as the party of the traditional family? At the level of the party platform, it has done fairly well. Since 1980, pro-family activists have successfully shaped Republican platforms that oppose ratification of the Equal Rights Amendment, endorse a constitutional amendment to overturn Roe v. Wade and protect pre-born infant life, and call for pro-family tax measures.

And there have been concrete wins. Regarding taxation, for example, the Tax Reform Act of 1986 doubled the value of the child-friendly personal exemption and indexed it to inflation. Ten years later, another tax bill created a new Child Tax Credit. George Bush’s 2001 tax cut raised this credit to $1,000 per child and began to eliminate the tax code’s notorious marriage penalty.

There have been other gains. Congress approved and President Bush signed a ban on partial-birth abortion. The welfare reform of 1996 eliminated perverse incentives to out-of-wedlock births. Under the current President Bush, the Administration on Children, Youth, and Families and the Office of Population Affairs, important branches of the Department of Health and Human Services, are in pro-family hands. As of last month, so is the State Department’s Bureau of Population, Refugees, and Migration. Judges with pro-family records have won presidential appointment to federal courts, most recently Samuel Alito. Especially with the current administration, social conservatives have sometimes felt that they actually hold a true seat at the table.

Even so, all is not well within the existing Republican coalition. Indeed, there are other indicators that the Republican party has done relatively little to help traditional families, and may in fact be contributing to their new indentured status. Certainly at the level of net incomes, the one-earner family today is worse off than it was thirty years ago, when the GOP began to claim the pro-family banner. Specifically, the median income of married-couple families, with the wife not in the paid labor force, was $40,100 in 2002, less than it had been in 1970 ($40,785) when inflation is taken into account. In contrast, the real earnings of two-income married couple families rose by 35 percent over the same years (to nearly $73,000). Put another way, families have been able to get ahead only by becoming “nontraditional” and sending mother to work or forgoing children altogether. As the Maternalists had warned, eliminating America’s “family wage” system would drive male wages down and severely handicap the one-income home. So it has happened.

Despite the economic pressures, though, such families are not extinct. They still form core social conservative constituencies such as home schooling families and families with four or more children. But again, they have little to show from the years of the Republican alliance. Indeed, the GOP has done absolutely nothing to curb the egalitarian frenzy and the gender-role engineering set off by Title VII of the Civil Rights Act and Title IX of the Education Amendments of 1972 and enshrined at the Pentagon. Equity feminism still rules these roosts.

Or consider child care. A timely veto by Richard Nixon stopped the government’s day care juggernaut in 1971, but only for a few months. The same year, Nixon signed a Republican-designed measure also backed by the National Organization for Women (heir to the GOP-favored National Woman’s party). This law allowed families to deduct day care costs from their income tax, cleverly labeling them “business expenses.” This has since grown into a credit worth between $1,500 and $2,100 in reduced taxes for households using day care. Even the wealthiest qualify.

Meanwhile, families that sacrifice a second income to keep a mother or father at home receive nothing except a higher net tax. Bills to correct this gross inequity have been regularly introduced in Congress since 1996, most recently the Parents’ Tax Relief Act of 2006 (H.R. 3080). However, the Republican leadership has ignored them. To underscore the lost opportunity here, note that conservatives in Canada rode to victory just a few weeks ago by embracing a plan to extend that nation’s day care benefit to stay-at-home parents; not a whiff of this, though, in the recent State of the Union address.

Add to these examples the bankruptcy reform measure discussed earlier, and ask: What do these issues have in common? All three are matters where the interests of big business and the interests of traditional, one-breadwinner families have collided, and in each case the Republican party has sided in the end with business. Concerning one-income families, the great corporations continue to view them as a waste of human resources, artificially raising labor costs by holding adults at home. Judging by its inaction and results, the GOP agrees. For the same reason, large businesses generally favor federally subsidized day care, for it creates incentives for mothers to work rather than care for their children. Existing Republican policy strongly favors this social parenting. And the credit industry has every interest in creating a new, indentured debtor class annually sending 20 percent of its income to the banks. The Republicans concur.

OTHER DEBT-DRIVEN FAMILY ISSUES are looming, with little indication of a Republican willingness to tackle them in a pro-family way. Consider the Federal Student Loan program, launched in the mid-1960s as a modest supplement to means-tested federal education grants. The system has since morphed into a massive debt machine, lending out $58 billion in 2005 alone and fueling a huge increase in college and university costs. The average bachelor’s degree recipient currently graduates with $20,000 in debt; students having attended graduate school report another $50,000 to $100,000 in debt, creating in one commentator’s words “the most indebted generation of young Americans ever.”

Here we find another newly indentured class of Americans, also paying about 20 percent of their incomes to the banks for decades to come. Disturbingly, over 20 percent of these borrowers report that they have delayed having children because of their debt, while 15 percent say they have delayed marriage. These are not pro-family outcomes. The most recent Republican response to the borrowers’ plight–undertaken in early February in the name of fiscal responsibility–was to pass a measure whose net effect will be to raise the long-term debt facing young adults.

Another troubling new issue is Title IV-D of the Social Security Act, the federal government’s child support collection and enforcement program. Originally designed to track down the welfare fathers of illegitimate children, the measure has increasingly targeted middle income households affected by divorce. There is mounting evidence that the system now encourages marital breakup and exacerbates fatherlessness by creating a winner-take-all game, where the losing parent–commonly a father wanting to save the marriage–is unfairly penalized by the loss of his children and by a federally enforced child support obligation. Here we find objectively false feminist views–the assumption that men are always the abusers and women are always the victims–driving public policy. And here we find still another newly indentured class of citizens–noncustodial parents–being squeezed financially by the state. If you think this an exaggeration,

I refer you to no less an authority than Phyllis Schlafly, who calls this runaway federal law the most serious danger facing American families today.

Democrats often dream of wooing the “Reagan Democrats” back into the fold. Bill Clinton, who could speak “evangelical” and who embraced pro-family tax and welfare reforms, succeeded to some degree. Democratic strategist Stanley Greenberg, who actually coined the phrase “Reagan Democrats,” argues that “a new, family-centered politics can define and revitalize the Democratic party.” Its message should highlight “family integrity and parental responsibility” and offer a “progressive vision of family support.” Greenberg even theorizes that “Roman Catholics would [again] rally to a Democratic party respectful of family and committed to defending government’s unique role in supporting it.”

If the Democratic party remains the party of the sexual revolution, as its open yearning for same-sex marriage suggests it may, such dreams will remain just that. However, if a Democratic leader can ever shake that monkey off his–or her–back, and if this occurs in conjunction with an economic downturn, the prospects for another broad political realignment are fairly high. A new economic populism, delivering child-sensitive benefits and skewering predatory banks and bureaucrats, could work politically for a clever Democrat.

Moreover, when push comes to shove, social conservatives remain second class citizens under the Republican tent. During the 2004 Republican convention, they were virtually confined to the party’s attic, kept off the main stage, treated like slightly lunatic children. Republican lobbyist Michael Scanlon’s infamous candid comment–“The wackos get their information [from] the Christian right [and] Christian radio”–suggests a common opinion among the dominant “K Street” Republicans toward their coalition allies.

Contemporary Republican leaders need to do better–much better–toward social conservatives. They must creatively address pressing new family issues centered on debt burden. And they must learn to say “no” sometimes to Wall Street, lest they squander the revolutionary political legacy of Ronald Reagan.

Allan Carlson is president of the Howard Center for Family, Religion, and Society in Rockford, Illinois.
© Copyright 2005, News Corporation, Weekly Standard, All Rights Reserved.

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 (PAS): Its Causes, Cures, Costs, and Controversies

In child trafficking, children legal status, children's behaviour, Childrens Rights, Civil Rights, CPS, cps fraud, deadbeat dads, Divorce, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, federal crimes, Foster CAre Abuse, Freedom, Jayne Major, judicial corruption, Liberty, MMPI, MMPI 2, mothers rights, Non-custodial mothers, Orphan Trains, parental alienation, Parental Alienation Syndrome, Parentectomy, Parents rights, state crimes on May 10, 2009 at 2:00 pm

by Jayne A. Major, Ph.D.

Introduction

In no other area of family law do people become more polarized than in cases involving parental alienation (PA) and parental alienation syndrome (PAS). And though volumes have been written on this subject, there still exists enormous confusion as to what the real problem is. Because there is rarely enough accurate information to make an informed opinion, most bystanders as well as trained professionals eventually give up trying to figure out which parent in a high-conflict family is “right.” The “he said/she said” quagmire is simply too shaky a place from which to sort out the truth.

In high-conflict families, one or both parents may be guilty of allowing their anger toward the other parent to be expressed in a way that tragically involves their children. Parental alienation (PA) is the term used to describe the attempts by one parent to undermine the relationship a child has with the other parent. Because children are suggestible, many will eventually succumb to the relentless programming or “brainwashing” by an alienating parent toward a target parent. When a child aligns with a disturbed parent and becomes a representative of that parent’s agenda by also behaving in aggressive and hateful ways toward the target parent, parental alienation syndrome (PAS) has developed. A child with PAS becomes an alienator in their own right, independently creating their own scenarios of how horrible the target parent is. These imagined scenarios are often bizarre and bear little resemblance to the truth.

My purpose in writing this article is to share the knowledge I have gained firsthand working as a practitioner with such high-conflict families and to provide a more in-depth understanding of this very serious issue, in particular by offering insight into the causes of PA/PAS, its severe costs, and the controversies that surround it. As you will see, the fallout from PA/PAS is far-reaching. A tremendous amount of community resources are used trying to stabilize these high-conflict families. My focus, therefore, is on the top 15% of chronically litigating parents, as they use an inordinate amount of court time to try to resolve their family issues and are most likely to 1) force their children to take sides with them and 2) obstruct shared custody and mutual decision-making.

Causes of PA/PAS

There are three degrees of PA that can result in PAS.

A mild and very common form of parental alienation is when one parent speaks negatively about the other parent, over what might be the smallest of issues, so that a child hears what is being said. This can be somewhat unintentional. Parents may be so upset at each other that they simply don’t realize that they are inappropriately involving a child in adult affairs. Parent education is often needed to teach these parents to have boundaries that protect their children from upsetting feelings. Without such boundaries, parents are contributing to the psychological insecurity of their children.

In the moderate category of parental alienation are conflicting parents who exercise little control over their anger and go ballistic when they are upset, without any consideration of how their anger affects other family members. The suffering that this ugly behavior causes children and the target parent is severe. Many parents look to the court to stabilize what is a chaotic family system. These are families where there is little ability to use mediation to work out a reasonable parenting plan for their children. But using a court to resolve high-conflict family disputes such as where PA/PAS is present has had limited success at best. The outcome depends almost entirely upon a judge’s ability to understand the nuances of PA/PAS and to make appropriate orders to contain the problem—not an easy thing to do.

In this category, PAS develops as children find the need to protect the angry, alienating parent. To avoid further triggering the parent’s rage, they stop expressing positive feelings for the target parent. They become caught in a vicious cycle of trying to figure out how to be safe while also sorting through the demonizing attacks made toward the target parent.

Falling into the severe category of parental alienation are those parents who become obsessed with destroying the child’s relationship with the other parent and that parent’s family and friends. Dr. Frank Williams describes this goal of cutting a parent out of a child’s life as a “parentectomy.” In these cases, a child will succumb to the alienator’s programming or brainwashing and experience fear, anger, and hatred toward the target parent. When parental alienation is severe enough, children have no choice but to align with the disturbed parent against the target parent, thus destroying their relationship with the target parent. These children no longer have free will or the ability to continue loving the target parent. PAS describes the child’s behavior in response to the brainwashing that has occurred; it does not describe actions on the part of a parent. The focus of this article in on children who are being severely alienated or who are already experiencing PAS.

How can obsessed parents be effective in erasing a child’s love for a parent who showed the child only love and not abuse? In her book Adult Children of Parental Alienation Syndrome: Breaking the Ties that Bind, Dr. Amy J. L. Baker provides solid qualitative research using 40 adults who experienced PAS as children. The subjects of the study reported five primary mechanisms that were used to manipulate their thoughts and feelings as children:

(1) relentless bad-mouthing of the character of the target parent, in order to reduce their importance and value

(2) creating the impression that the target parent was dangerous and planned to hurt the child, in order to instill fear and rejection of that parent

(3) deceiving children about the target parent’s feelings for them, in order to create hurt, resentment, and psychological distance

(4) withdrawing love if the child indicated affection or positive regard for the target parent, in order to heighten the need to please the alienating parent

(5) erasing the other parent from the life and mind of the child through minimizing actual and symbolic contact (Baker 2007)

The outrageous behavior by the disturbed parent is often so shocking that people don’t want to believe it. Their dramatic justifications for their aberrant behaviors defy reason.

Few people understand the psychological underpinnings of PA and why a parent would treat a child so badly. Gregory Lester, Ph.D., describes possible causes that can account for the severity of the psychological disturbance seen in severely alienating parents. They demonstrate egocentricity to a fault and exhibit bullying behavior. He suggests that their brain may be partially wired. He describes them as assuming that they are entitled to special treatment and expect others to take care of them, including their children. They don’t engage in the normal give and take that is customary in social relationships. They are takers, not givers. If they give something, the gift is likely to have strings attached. They talk a fine game, but they don’t deliver.

Drama replaces reason. Individuals with these problems do not solve problems by being rational, but rather by escalating ordinary events into dramatic episodes. They have exaggerated mood swings. A person once revered and respected can suddenly become an object of hatred and contempt. This black-and-white, highly polarized thinking is called “splitting and is typical of these types of personalities. They are unpredictable—one day loving and cooperative, and the next attacking ferociously. They have no internal conflict, because they truly believe they are right. Like Teflon, nothing sticks to them. If a problem arises, it is always someone else’s fault. People comment, “How can they lie like that? How are they able to justify in their own mind any behavior, no matter how excessive?” This is because they are able to make up the truth to suit themselves and then passionately believe the story they made up. They can be very convincing because they themselves are convinced!

They are masters at projection, the strategy that refers to when another person’s feelings, thoughts, and behaviors are reversed and used to describe the person making the complaint. For example, in Sharon’s declaration she described Jack’s irresponsible behavior. Jack’s declaration came back with exactly the same allegations about Sharon. Now Sharon has to defend herself about being abusive, neglectful, and out of control. Jack managed to level the playing field by using projection. Individuals using these tactics do not seem to have an observing ego or consciousness to witness their own mistakes. Therefore, if something is wrong it must be the other person’s fault. In our example, the fact that Jack has no evidence that Sharon behaves the way he does is irrelevant to him.

Often people who exhibit this level of nastiness have come from a disastrously dysfunctional family or have experienced a serious trauma that went untreated. They are unreasonably demanding and resist any discussion or negotiation to make a situation better. They must have their way and are rigid about expecting others to comply with what they want. (Gregory Lester, 2002)

Our court processes are based on the assumption that individuals are law-abiding citizens. However, these abusive people believe that rules and laws apply to other people, but not to them. If they don’t agree with a judicial decision, they are likely to see a court order as a recommendation and not something they must obey. Actually, these disturbed parents are like little children who haven’t reached the age of reason; however, they do respond to rewards and punishment. Sadly, their excessive behavior is constantly rewarded by the way our family law courts are structured. Unfortunately, PA/PAS cases can be stalled for months, even years, with no resolution. This is rewarding to them and easily used to their advantage to advance alienation in their children. Seldom in family law court are sanctions of fines, jail time, or community service applied to individuals for contempt of court orders.

Can PAS Be Cured?

It is safe to say that the average person is utterly perplexed about how to react to such aberrant behavior on the part of the alienating parent. They quickly run out of techniques that would work with a rational person. Furthermore, because so little is known about PA/PAS, target parents often do not even know that there is a name for their child’s increasingly hostile behavior. Unfortunately, this is also true of many therapists who are called upon to help families in crisis. Without a proper understanding of PA/PAS, it is easy to take sides and even provide evidence that the truly abusive person is a wonderful parent. Many therapists are not able to discern if what they are being told is true. Few psychologists understand rules of evidence used in family law courts or are trained in how to work with cases as difficult as these.

In exasperation, target parents often want to “cure” the toxic parent with medication or therapy. The problem with medication as a solution is that it is very difficult to get another person to take it consistently. After all, in their mind, there isn’t anything wrong with them. In fact, the suggestion that they need medication is more likely to be turned on whoever is suggesting it! For example, Jerry said that the raging mother of their son was guided to take psychotropic medication by her family. When she had stabilized, she was profusely apologetic to Jerry for her outrageous behavior. She thanked him for being such a good father and said that they would have no trouble with joint custody. Only three months of peace went by before she decided that she was all better and stopped taking the medication. She quickly deteriorated, becoming more vicious than she had been before.

What about therapy? Surely a therapist can fix them! Individuals who will brainwash a child are the worst candidates for therapy, because therapy implies that a person realizes that there is something wrong with them and that they are motivated to do something about it. These people do not have the ability to self-correct behavioral or emotional errors. The wiring of their brain will not permit it. Therapy doesn’t work because one can’t have a conversation about the problem when the problem is doing the answering! As soon as a therapist suggests that they behave better or that what they are doing is harming their child, splitting occurs. The therapist then becomes the bad guy and the parent leaves, taking the child with them. They do not form trusting relationships with others unless they believe that they are getting their way.

Therapy can, in fact, make these troubled individuals worse. Since they do not feel moral emotions of empathy, sympathy, or compassion, the therapist may unwittingly teach compassionate gestures and language that their client can use to more effectively manipulate people. They are most likely to be a warm body sitting in a chair for the required number of times; they may even be patronizing about how the therapist is saving their life. However, the end result is that they are unfazed by the efforts to make them healthier.

In spite of what they say, they are unable to act in the best interests of their child. It takes a truly disturbed and obsessed person to harm a child by brainwashing them, to remove from a child’s life a loving parent and their extended family and friends who care deeply about the child. The programming of a child is done for personal gain. These are not people with good parenting skills. Children are in their lives to serve them and to help them get their way. They are not nurturing and attentive to their child’s needs, nor do they know how to nurture their child emotionally. A child is not allowed to grieve for the loss of the target parent, extended family, and friends; they are kept busy taking care of the disturbed parent.

In family law procedures, we rely heavily on evaluators to assess the psychological underpinnings of a family. However, it is rare in psychological evaluations to see a specific diagnosis regarding the disturbed parent’s mental health. You might see a comment that there was an elevation in borderline, narcissism, or hysteria, but these labels are rarely used specifically. The reason is that when different psychologists attempt to diagnose a disturbed person, they are likely to arrive at different conclusions. Also, making a diagnosis is tricky, as there are rarely clean-cut distinctions that can be made. Most disorders may also be compounded by complications from drug abuse or alcoholism, post traumatic stress disorder, situational hormonal fluctuations, or obsessive compulsive features. Furthermore, courts rely on evidence, not labels.

However, one label is commonly used, although not necessarily by evaluators. Because alienating parents are socially maladaptive and have no moral conscience, they are called “sociopaths.” Although they may know how to act the part, they are unable to have empathy, sympathy, or compassion for others. Unlike rational people, they do not distinguish between telling the truth and lying. Therefore, they may not know when they are lying. They can get worse by becoming so obsessed that they disassociate from reality and become psychotic—experiencing delusions and hallucinations.

In spite of admonitions from judges and mental health professionals to stop alienating, they cannot. One of the most difficult ideas for the target parent to understand is that the mentally disturbed parent is unable to act differently; nor can a child experiencing PAS act differently. The obsessed parent and child are likely to be experiencing a shared psychosis. There is no protocol to fix the alienating parent—not legally, not therapeutically, and not by reasoning with them. It is also unlikely that they will ever stop trying to perpetuate the alienation, because it has become a gut-wrenching survival issue to them! Douglas Darnall, a leading expert in PAS, points out that we do not have a protocol to treat these people. (Douglas Darnell, 2000)

However, if a child can be isolated from the toxic parent, there are protocols, developed by Dr. Richard Gardner, for reversing the alienation. Others have also developed ways to reverse the programming. In one sense, alienating parents have built a house of cards, as the child really wants to love both parents. If the severe alienator is legally prevented from being able to poison their minds, many children can be brought back with the right treatment; however, traditional talk therapy has not proven to be helpful. The most effective procedure to date is what has been used to deprogram individuals involved in cults. In some cases, though, it is simply too late and unlikely that the child will ever understand what happened. (Richard Gardner, 2001)

Of course, the significance of this result is that PA/PAS is often inner-generational and, once grown, those damaged are at risk of passing the problem on to their own children. These individuals are inclined to continue into adulthood the practice of seeing people in black and white. They are likely to be self-loathing, which creates horrific issues of low self-esteem. To compensate for how badly they feel about themselves, they may desperately attempt to have others see them as special and more important than other people. They have missed out on the social skills they need to gain respect and to get their needs met without having to resort to heavy-handed control and bullying.

Without legal intervention to limit an alienating parent’s access to a child and to have the brainwashed child deprogrammed by a specialist, it is unlikely that a child will ever recover from PAS. The tragedy is that they have lost their free will and ability to make rational choices over their lives. They are likely to experience serious psychiatric disorders, have poor social relationships, and of course pass the problem on to their children. For a greater understanding of the long-term impact of PA/PAS, I highly recommend Dr. Baker’s book, listed in the bibliography.

Costs of PAS

Consider the resources required by families afflicted with PA/PAS. Seeing their once-loving relationship with their child eroding away, many target parents will use all the financial resources they can muster to pay for legal representation to try to preserve their relationship with their children. This is risky. Mounting attorney fees, court evaluations, and multiple other costs involved in making the case that they are a good parent and deserve to be in their child’s life quickly deplete financial reserves. Target parents are likely to borrow against credit cards, siphon money from pension plans, liquidate the equity on a house, or ask extended family to help pay for an escalating and increasingly expensive conflict. Declaring bankruptcy and paying for these costs for years isn’t uncommon. Even still, sadly, all too often there is little to show for such an investment.

Additionally, target parents involved in these difficult cases find that every minute of their spare time is spent preparing legal documents, worrying about whether the next visitation with their child will occur, and managing increasing frustration at not being able to resolve their problems. Trying to communicate with the other parent to resolve issues that are vitally important to their child only results in more stress. In these cases, joint custody simply does not work because one parent refuses to negotiate or change their point of view.

Working parents involved in a high-conflict child custody case find it hard to focus on the job. Court dates and family emergencies repeatedly cause missed workdays. Employers carry a serious liability as their valued employee becomes less able to meet deadlines, makes more errors, and increases the risk of accidents at the workplace. Company profits can be deleteriously affected.

Furthermore, families experiencing PA/PAS consume an enormous amount of community legal and mental health resources. Numerous calls may be placed to the police. The department of social welfare is likely to become involved, requiring an investigation of abuses to children. Therapists are called upon to stabilize the family. Family law judges find their courtrooms repeatedly clogged with chronic litigators.

No one can experience this level of stress and anxiety without suffering serious mental health problems. This population is at high risk for post traumatic stress disorder, depression, suicide, domestic violence, and homicide. Issues of deteriorating physical health arise as stress takes its toll.

Children are likely to suffer academically as their concentration is undermined. Their social relationships are compromised and they often exhibit adjustment disorder. An interesting situation that occurs among many PAS children is that while initially they struggle in school, many are likely to eventually excel academically as well as in sports. One reason is that school and sports offer them logic and stability, and through this, a way to escape the chaos at home. The child’s successes are likely to be seen as evidence that the disturbed and alienating parent is doing a good job of parenting, when this is not the case.

Problems related to divorce will continue long after the final decree is signed and the last court appearance is over. The psychological damage to children and the target parent is unlikely to ever be reversed.

PA/PAS Controversies

Understanding the raging controversies surrounding PA/PAS is extremely difficult. “Thinking” people don’t have the advantage of living with the certainty of seeing things as only black and white. Since rational people aren’t sure what the truth is, they don’t want to take sides until they can decipher the facts. They will research an issue. They realize that people may be solidly convinced of their opinions and that they present their opinions as facts. Thinking people wait, investigate, and figure things out. They realize that they will have to live in mystery until the facts are clear; whereas, for non-thinking people there is no mystery, so real is their certainty.

Polarized, “win/lose” thinking is systemic to our society. There are those who live with the certainty of right and wrong—what is true or false, black or white. People who think in absolutes can easily find others who think as they do. Together they are able to reinforce each other’s beliefs and present a united front about what they perceive as true. “Rigor mortis of the brain cells” has been used to describe their stuck position. Their calcified thinking does not allow them to be bothered with exceptions. The complex issues around PA/PAS invite simplistic thinking. Many people seem to need someone else to do their thinking for them. It is easy to jump on the bandwagon of highly charged issues such as preventing the sexual molestation of children and ending domestic violence. Gender wars are common; one gender sees the other as the enemy. The issue is about human rights, protecting not only children’s rights, but also mother’s and father’s rights. It is about being fair and logical and letting reason, not drama, make appropriate decisions.

To understand current controversies that surround PA/PAS, we need to go back to the 1980s, when a series of events greatly contributed to the problems of today. In 1980, Jim Cook single-handedly lobbied the California legislature to pass a law stating that there is a presumption of joint custody when parents divorce. California became the leader in joint custody laws, and most of the other states followed this lead. Prior to 1980, if there was a disagreement between mother and father about the custody of their child, the mother retained sole legal custody and was allowed to make all of the decisions, including whether her children would have a father in their life.

At the same time, with the rise of feminism in the 1960s, rigid roles for men and women were breaking down. Women had more voice over their lives and were attending college and entering the business world in increasing numbers. Most men were doing some domestic chores and, of course, taking care of their children some of the time. This meant tending to all of children’s needs, including changing diapers—a task once considered solely women’s work. In many families, sharing domestic duties became the order of the day. Most men gladly accepted some responsibility for the care of their children. Computers had made their way into people’s homes, and dads enjoyed working from home while tending to their children. In some families, women became the primary breadwinner.

When parents divorced, many liked the idea that “the best parent is both parents” and were able to share the decision-making and their children’s time. However, with others the idea of shared custody didn’t go over so well. Some women thought that, as before, children should be their sole property. Even though Dad had proven that he was fully capable of caring for his children, some moms stated that he was only a babysitter. Fathers going to family law court to get shared custody caused a burgeoning of family law cases. If a mother refused to share a child, court was a father’s only opportunity to be involved in his child’s life.

In 1983, a tragedy happened in Manhattan Beach, California. Judy Johnson made an allegation that Ray Buckey, the 25-year-old son of Peggy Buckey, who owned McMartin Preschool, had molested her 2½-year-old son. On September 7, 1983, Ray Buckey was arrested and sent to prison. After Police Chief Harry Kuhlmeyer arrested Ray Buckey, he sent a letter to 200 McMartin Preschool parents informing them that Ray Buckey was suspected of child abuse and asked them to question their children about having experienced acts such as oral sex, sodomy, having their pictures taken while naked, and being tied up. Chief Kuhlmeyer asked the parents to keep the letter strictly confidential. His request for confidentiality exploded into headline news across the country.

Ray Buckey was never charged, but he was held under the suspicion that he had done heinous crimes against children. Everyone who worked at the McMartin Preschool became suspect of bizarre and horrific acts against children. Judy Johnson’s reports of misbehavior became increasingly bizarre, claiming that Ray’s mother was involved in satanic rituals and that horrible things had been done with babies, animals, and sexual acts in front of the children who attended the preschool. Nine months later, Judy Johnson died due to complications from alcoholism. She had also been diagnosed with paranoid schizophrenia. Day after day the public was bombarded with details of bizarre allegations of what had happened to the children at the McMartin Preschool. Mass hysteria had taken over.

All preschools become suspect. Workers were told to never touch children, to have two people go to the bathroom with a child, to install glass doors at the front of the building so anyone who wanted to could see in. Parents were allowed to visit unannounced at any time to see what was going on. To make matters worse, Kee McFarlane, a consultant at Children’s Institute International, interviewed children at McMartin Preschool using anatomically correct dolls, leading questions, and rewards for answers that they had been molested. She testified that 384 McMartin students had been abused.

After two trials, no substantial evidence was found against the owner or staff at McMartin Preschool, including Ray Buckey. Five years had passed before Ray Buckey was allowed to leave prison, never having been charged with a crime. The government spent $15 million investigating and prosecuting the case over a seven-year period that involved two trials that led to no convictions. The fate of Ray Buckley foreshadowed what was going to happen to many fathers fighting for shared custody of their children.

What responsibility do journalists have to report the truth? As in the case of the McMartin Preschool, the media engaged in “pack journalism,” slanting heavily toward the prosecution, which provided sensational headlines day after day and almost never seriously questioned the allegations. Today, we have a media that continues to focus on lurid and scary news involving children. Politicians can easily exploit parents’ fears about the safety of their children, implying that they are the law-and-order people who will protect their children. Mark Foley was quoted in the Washington Times in 2005 as saying, “We need to stand together and unite cities, communities, and states in the effort to stop the assault on America’s children.” What assault? Mark Foley, who is now a disgraced congressman for his sexually inappropriate contact with high school pages, used this rhetoric for personal political gain. He was exploiting parents’ worst fears about the safety of their children. The problem with media reports of bad things that happen to children is one of proportion. Bad things do happen to children. The media can easily whip people’s emotions into a frenzy by exaggerating such events as happening more frequently than is the case. The mass hysteria unleashed by Judy Johnson in 1983 is still with us today.

The 1980s is a significant decade because of the colliding of joint custody laws and the hysteria of the McMartin Preschool trial. Fathers found that a mere allegation of being sexually inappropriate with a child was enough to have him kicked out of his home. Countless fathers became childless as they tried to prove what didn’t happen—what REALLY didn’t happen.

In 1983, at the beginning of the McMartin Preschool fiasco, there was a sharp rise in the number of reports of sexual molestation of children. Suddenly, people were hyper-vigilant about the issue. Elaborate tests were developed to determine whether a man had pedophilia tendencies and was likely to molest children. There is still a belief by many that children don’t lie about abuse. Kee McFarlane has been widely criticized for leading children to the conclusions that she wanted to hear, ultimately proving how suggestible children can be.

If a mother was driven to be vicious, the climate of hysteria about the sexual molestation of children became a powerful tool to gain her ends. All she had to do was say that she thought the father had molested their child. The tragedy of this kind of parentectomy continues today.

In 1985, Dr. Richard Gardner first introduced a phenomenon found in family law cases called parent alienation syndrome. He pointed out that PA/PAS is related to highly litigious court cases where there is a win/lose mentality. Ultimately, a desperate and obsessed parent could win in court by programming a child to despise the other parent, resulting in a parentectomy, and there was little that anyone could do about it. Dr. Gardner took on this difficulty, and he wrote volumes about how to understand the complexities of these highly volatile cases. He was first to identify the eight characteristics that PAS children display as a syndrome. He published extensively on how to identify false allegations of sexual molestation. He also wrote the book Therapeutic Interventions for Children with Parental Alienation Syndrome to describe a protocol for deprogramming children. His contributions have been profound in helping us understand PA/PAS. He has written and testified extensively about false allegations of sexual abuse that had become common during this period. In this respect, he was a pioneer. Those of us who had the good fortune to know Dr. Gardner, to hear his lectures and read his books, are appreciative of his contributions. In addition to his groundbreaking insights about PA/PAS, he had a long and illustrious career as a psychiatrist specializing in children. (Richard Gardner, 2001)

Litigation over issues of parental alienation of children became common in family law courtrooms. Initially, mothers had more time with children and were the primary cause of PAS in children. A person who programs a child must have a lot of time with that child in order to be effective in the programming. As disturbed, narcissistic fathers gained more child custody, they proved to be just as capable of initiating PAS. Soon, PAS became a hot issue in gender wars, especially when women began losing legal custody of their children when a court ruled that they were guilty of alienating a child against the father.

PA/PAS has been a tragic issue that has polarized men and women.
On one side, malicious mothers who often have legal precedent for primary child custody on their side take children away from good fathers by alienating them. On the other side are vicious fathers whose purpose is to take children away from good mothers. Women have claimed that men are predators on women and children. Men are livid that they have been so labeled and frequently accused of sexually molesting children. The frequency of false allegations of child molestation against fathers has had a backlash from fathers against mothers. Some mothers lost custody because the evidence showed that they were coaching their child to participate in inappropriate behaviors toward the father. These mothers are quick to respond that all a father has to do is say she is guilty of PA/PAS and he will get custody of the child whom she was only trying to protect. It is also claimed that fathers have been awarded primary legal custody when they have in fact been guilty of domestic violence or have molested a child. This has created another backlash of mothers wanting to get back at fathers. No matter who is doing the alienating, it is terribly wrong. It isn’t a gender issue, as both men and women are guilty of initiating PAS in children. It is a human rights issue.

We’ve already seen that parents who alienate can be an angry, difficult group of people. When they go through a trial and a judge issues a court order giving sole legal custody to the other parent and limiting physical access to a child, these parents are not likely to roll over and passively obey. This leads to chronic litigation, as no matter how convincing the evidence against them or what the judge’s decision, they do not let go of the idea that they are right.

Unfortunately, angry, disgruntled women who are in fact guilty of severe parental alienation have found a sympathetic ear in the domestic violence community. Domestic violence groups have been successful in making domestic violence a crime and thus reducing its frequency. In most states, it is against the law for men to hit women, nor can women hit men without the possibility of being arrested. Interestingly, it is still allowed that adults may hit children. Hitting children is also domestic violence, but unfortunately, we haven’t progressed that far in our consciousness.

In an article in Newsweek, journalist Sara Childress stated, “It is…hard to fathom how a judge could award custody to a parent accused of abuse.” Fortunately, the logic and rules of evidence that are necessary to remove a child from a seriously psychologically disturbed parent are extensive. Judges don’t just wake up in a bad mood, disregard all evidence, and say, “Let me take a child away from a good mother.” This makes for good drama, but not good logic. (Childress, Newsweek, October 2006)

The mendacity of non-thinking people creates a maelstrom of trouble in sorting out what is true. Too many members of the domestic violence community will assume that an accusation or allegation is true. Many do not understand the standard of evidence that is needed to turn an allegation into proof. The irony is that unthinking members of this community fan the flames of injustice and contribute to the most unspeakable kinds of violence against children, that of PA/PAS. No innocent father, or man such as Ray Buckley, should be recklessly accused of something he didn’t do. False allegations of sexual misconduct with children and the brainwashing of children where PA/PAS occurs are the worst kinds of domestic violence. The irony is that the very people who are against domestic violence contribute to it by denying the existence of PA/PAS.

Unfortunately, Richard Gardner has been relentlessly slandered, demonized, and dismissed as a pedophile by those who are threatened by his work and by others who have never read his articles and books and have not taken the time to realize that he was on the side of truth and justice in these complicated cases. This aggressive behavior on the part of so many has contributed to the mass hysteria that has done great damage to those parents and children who are impacted by PA/PAS.

There is no greater example of this hysteria than the denunciation of “so-called” parental alienation syndrome in the declaration by the National Organization of Women (NOW). See Appendix A. This declaration from NOW sums up the arguments against the very existence of PA/PAS. Of course, there is no mention of the unfairness of what happens to fathers, the need for a child to have a father, or the very real problem of PAS in children. There is no mention of the countless numbers of mothers who have been victimized by PA/PAS. The problem is not caused solely by one gender against another. It is caused by very disturbed people who have to get their way at all costs. Amazingly, the declaration claims that PA/PAS is non-existent! But anyone can use ordinary observation to find repeated examples of its existence.

Current debate over whether the child has experienced a “syndrome” has created a smokescreen that attempts to ignore the fact that children are, in fact, being manipulated and brainwashed into such states of confusion that their perception of events and people around them is severely distorted. It doesn’t matter what the tragedy is called; it is still a tragedy for children and the target parent.

This is an example of making simple that which is very complex with a maneuver of killing the messenger. Dr. Gardner’s contributions have been taken out of context and twisted to imply that he encouraged inappropriate sexual behavior. For example, he said that if a society has no social prohibition for molesting children sexually, then sexual molestation is common. This has been translated as saying it is okay to sexually molest children if no one says not to. The fabrications about Dr. Gardner are so extensive that it is an example of brainwashing in itself. He is the scapegoat for people who desperately need an enemy to blame. No group is more anti-Gardner than are the domestic violence community and the National Organization for Women.

PAS is the result of terrible domestic violence toward children and target parents. The irony is that those people whose stated purpose is to prevent domestic violence contribute to it by putting the whole body of Dr. Gardner’s work out for target practice, not for analysis. Those of us who appreciate and support Gardner’s contribution and understand that PA/PAS is serious violence to children and the target parent would never support awarding custody of a child to a pedophile or aggressor. The domestic violence community and those who want PA/PAS stopped should be rowing their respective boats in the same direction, instead of engaging in a bizarre tug-of-war characterized by the black-and-white thinking of who is right and who is wrong. Truth suffers. To take a child’s free will and mind away is violence from which they are likely never to recover.

The leadership in women’s groups has a responsibility to come to terms with the injustice of this slander of Gardner, and realize that their organization attracts disgruntled women who can easily find a sympathetic ear for how they were victimized by the father of their child and the court system. Just because someone has a dramatic story to tell doesn’t mean that they are telling the truth. The domestic violence leaders need to bring logic and reason to these issues.

Unfortunately, their efforts against any recognition of PA/PAS are relentless. They lobby for laws that would prevent PA/PAS from being used in family law court as a justification for modifying custody. They have successfully influenced the publishers of the 2006 edition of Navigating Custody and Visitation Evaluations in Cases with Domestic Violence: A Judge’s Guide—a publication of the National Council of Juvenile and Family Court Judges—to include anti-PA/PAS information. To the undiscerning eye, information published in such a prestigious document must be true. This is most unfortunate and tragic for the families impacted by these issues. (National Council of Juvenile and Family Court Judges, 2006)

Both sides of the debate have stated that their mission is the same—to protect people from the excesses of violent, disturbed individuals. Unfortunately, much of the domestic violence community focuses only on violence perpetrated by men, rather than also including the violence perpetrated by women against fathers and children. Violence is wrong, no matter who is committing it. The result is that domestic violence has been turned into a gender issue, when the truth is that both men and women are capable of doing serious damage to their children and to each other.

Conclusion

It is unfortunate that too many people will believe a dramatic story more than they will listen to evidence. Drama is the hallmark of people who are psychologically disturbed. Individuals with these severe mental health issues are under-diagnosed. We need more research and clarity on the effects of PA/PAS. The costs are staggering to children, the target parent, and that person’s family. The damage is severe and has long-reaching effects.

The whole fabric of our society is undermined by the behaviors of these severely disturbed individuals. Both men and women with obsessed thinking create PA/PAS situations with children and their target parent. Their irresponsible behaviors siphon off a staggering amount of social resources to stabilize the chaos they create. Any protocol that we use for the regular population is woefully inadequate in making them normal. Every year, hundreds of thousands of children and parents are experiencing the phenomenon of PA/PAS and the resulting devastation it causes. Millions of people are ending up damaged because, up to now, we have not even recognized the phenomenon or truly considered its impact. We all need to take action to educate and help people who have this terrible problem that does such severe damage to children.

Bibliography

* Baker, Amy, R. L. Adult Children of Parental Alienation: Breaking the Ties that Bind. W.W. Norton, 2007.
* Darnall, Douglas. Divorce Casualties: Protecting Your Children from Parental Alienation. Taylor Trade Publishing, 1998.
* Lester, W. Gregory. Personality Disorders in Social Work and Health Care, Third Edition. Cross Country University, 2002.
* “Fighting Over the Kids: Battered spouses take aim at a controversial custody strategy.” Newsweek, September 26, 2006.
* Linder, Douglas. “The McMartin Preschool Abuse Trial: A Commentary 2003 Internet.”
* Gardner, R. A. The Parental Alienation Syndrome, 2nd ed. Cresskill, New Jersey: Creative Therapeutics, Inc., 1998.
* Gardner, R. A. Therapeutic Interventions for Children with Parental Alienation Syndrome. Cresskill, New Jersey: Creative Therapeutics, Inc., 2001.
* Williams, Frank. “Preventing Parentectomy Following Divorce,” Keynote address, Fifth Annual Conference, National Council for Children’s Rights, Washington, D.C., Oct. 20, 1990.
* National Organization for Women, http://www.now.org.
* National Council of Juvenile and Family Court Judges. Navigating Custody and Visitation Evaluations in Cases with Domestic Violence: A Judge’s Guide. Reno, Nevada: 2006.

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What is America’s Most Serious Social Problem?

In children legal status, children's behaviour, Childrens Rights, Christian, Civil Rights, deadbeat dads, Divorce, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, parental alienation, Parental Alienation Syndrome, Parents rights on May 3, 2009 at 5:00 am

America faces many urgent challenges. Crime. Poverty. Education. And many others. Each is important. But many leading scholars now conclude that our nation’s single most important problem is the weakening of marriage.

* Today, more than one of every three children is born to a never-married mother.
* About 45 percent of marriages today end in divorce.
* Only about 60 percent of U.S. children are living with their own biological (or adoptive)
married parents.

Why is the decline of marriage so serious?

There are two reasons:

1. The decline of marriage is the problem that drives so many other problems.

Children raised outside of intact marriages are significantly more likely than other children to use drugs – to drop out of school – to commit crimes – to suffer from depression and emotional distress – to be neglected or abused – to be sexually active early – to commit or consider suicide – and later in life to get divorced themselves and to bear children outside of marriage.

The weakening of marriage costs taxpayers billions of dollars – in more jails, welfare payments, medical costs, court costs, remedial education, and juvenile justice systems – and creates untold suffering for millions of children and for society as a whole.

2. Marriage is the good that produces so many other goods.

Marriage is linked to higher levels of health and happiness and lower levels of alcohol and drug abuse for both adults and teens. Marriage is a wealth-creating institution. Married people earn more, save more, and build more wealth, compared to people who are single or living together. There is an inverse relationship between marriage and crime in communities where marriage is common, crime is much less common. Marriage is our most pro-child institution. It is our society’s best arrangement for helping children to thrive.

The New Consensus that Marriage Matters

“A large body of social science research indicates that healthy, married-parent families are an optimal environment for promoting the well-being of children. Children raised by both biological parents are less likely than children raised in single- or step-parent families to be poor, to drop out of school, to have difficulty finding a job, to become teen parents or to experience emotional or behavioral problems.”

National Council on Family Relations, the nation’s largest organization of family therapists

“Both scholars and politicians now agree that married two-parent families are good for children, and that poverty would be greatly reduced if marriage could be increased.”

Two policy experts, a Republican and a Democrat, writing for the Brookings Institution

“Children in two-parent families generally had access to more financial resources and greater amounts of parental time. They also were more likely to participate in extracurricular activities, progress more steadily at school, and have more supervision over their activities such as television watching. The presence of two parents continues to be one of the most important factors in children’s lives.”

U.S. Census Bureau
The Recent Good News

* Divorce rates today seem to be modestly declining.
* Teen pregnancy is declining dramatically.
* Marital happiness, after declining for decades, has stabilized and may be improving.
* The proportion of Black children living in married-couple homes has risen modestly since 1995. The proportion of all U.S. children living in married-couple homes has stabilized and
may be slightly increasing.

This good news shows that there is nothing inevitable about the decline of marriage. What happens to marriage in the future – whether it fails or thrives – depends on what we do today.
Quotable

“The weakening of marriage is the most important social problem facing America today.”

– James Q. Wilson,
one of the nation’s most acclaimed social scientists

About this Fact Sheet

This fact sheet comes from The Center for Marriage and Families, based at the Institute for American Values. It was published in February 2006. Copies can be printed from the Center’s website at: http://center.americanvalues.org. A PDF version (46 kb, 2 pgs) is also available.

2006, Institute for American Values

http://center.americanvalues.org/?p=5