mkg4583

Posts Tagged ‘scientific theory’

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

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

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

Introduction

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

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

Former Lord Chancellor Lord Irvine,
16th.January 2000

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

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

How To Kidnap A Child

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

by Stephen Baskerville, PhD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

November 19, 2001

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Maternal Deprivation? Monkeys, Yes; Mommies, No…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

LA County Puts the “Fix” on Parents Rights

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

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

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

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

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

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

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

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

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

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

The law also goes on to state:

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

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

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

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

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

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

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

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

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

The Primary Parent Presumption: Primarily Meaningless

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The original article can be found here.

The 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

The Criminalization of Parents – Parental Rights Under Assault!

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

By Stephen Baskerville
© 2009

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A Criminal Defense Attorney’s View of the Family Violence Industry

In Best Interest of the Child, California Parental Rights Amendment, Child Support, child trafficking, 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, 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 on May 21, 2009 at 4:50 pm

© 2004 Paul G. Stuckle


TABLE OF CONTENTS

I. THE SPECIAL NATURE OF FAMILY VIOLENCE ALLEGATIONS
    1. TRUE DOMESTIC VIOLENCE MUST STOP
    2. INNOCENT FAMILY MEMBERS CAN BE FALSELY ACCUSED OF DOMESTIC VIOLENCE

II. EXAMPLES OF WHAT IS NOT FAMILY VIOLENCE

III. WHO IS THE REAL VICTIM ANYWAY?

IV. ZERO TOLERANCE AND NO-DROP POLICIES

V. THE FAMILY VIOLENCE INDUSTRY
    1. DOMESTIC VIOLENCE IS A POLITICAL CRIME
    2. THE FAMILY ADVOCACY CENTER
    3. FOLLOW THE MONEY

    4. TEAM UNITY: TAKE OUT A FAMILY FOR THE TEAM
    5. PSSST…. THEY ARE COMING….OR ARE THEY ALREADY HERE?

VI. CHANGING THE RULES TO CONVICT
    1. LEGISLATIVE CHANGES
    2. HEARSAY EVIDENCE

    3. SYNDROME EVIDENCE MAY BE ADMISSIBLE AGAINST THE ACCUSED
    4. CONVICTIONS WITHOUT PHYSICAL EVIDENCE
    5. SUMMARY : RECIPE FOR CONVICTION

VII. FAMILY VIOLENCE LEGAL FACTS: A CHECKLIST
    1. ISSUES UPON ARREST
    2. CONSEQUENCES OF A CONVICTION

VIII. SELECTING THE RIGHT ATTORNEY
    1. DO NOT ATTEMPT THIS ON YOUR OWN
    2. RULES FOR THE ACCUSED
    3. FINDING THE RIGHT CRIMINAL DEFENSE ATTORNEY
        A. LENGTH OF PRACTICE AND EXPERIENCE
        B. REJECT PLEA BARGAINS

        C. PREPARE A VIGOROUS PRE-CHARGE DEFENSE TO AVOID PROSECUTION
        D. PREPARE A VIGOROUS DEFENSE FOR TRIAL. 

IX. CONCLUSION

BIBLIOGRAPHY


“HUSBANDS AND WIVES HAVE ARGUMENTS. DOES THAT NOW MEAN A TRIP TO JAIL AND A CRIMINAL
CONVICTION?”

“A CASE OF ALLEGED DOMESTIC VIOLENCE NOW BELONGS TO ‘THE FAMILY VIOLENCE INDUSTRY.’” 

“THE BELIEF SYSTEM IS ALSO ONE OF EXTREME ARROGANCE, THAT THE FAMILY VIOLENCE TEAM KNOWS BETTER THAN ANYONE, PARTICULARLY THE FAMILY ITSELF, OF WHAT IS BEST FOR THEM."
Paul G. Stuckle, Attorney at Law


I. THE SPECIAL NATURE OF FAMILY VIOLENCE ALLEGATIONS

1. True Domestic Violence Must Stop

No rational person condones violence toward anyone, particularly a family member. In America there are many tragic domestic relationships, which involve battered wives, husbands, and members of a household. A true victim in a violent family relationship needs immediate support and protection. A true battering spouse needs to face the legal consequences of their actions.

2. Innocent Family Members Can Be Falsely Accused of Domestic Violence

The legislature has enacted laws to assist police and prosecutors convict the guilty and stop the abuse of spouses and family members. The intent behind these laws is well meaning and necessary. Problems arise when laws designed to protect a victim of domestic violence are used too broadly and are applied to normal families. A big difference exists between an abusive spouse repeatedly committing violent acts, and a nonviolent family in which a single argument went too far.

Unfortunately, the politicians and authorities do not see the difference!!! 
To the self-proclaimed saviors and protectors of abused “victims,” any allegation of domestic violence means the household must be one continuously engaged in abusive
behavior.

‘The domestic violence entrepreneurs and state officials live in a different world from us. A sense of nameless vague threat is always in the background. To hear the pros talk, all the men they deal with are batterers, sexual abusers, or virtually time bombs of violence. Repeated
clichés like “at risk” and “a safe place” and “maintaining safety” pepper their sentences . . . 

John Maguire, Massachusetts News
www.massnews.com, “The Booming Domestic Violence
Industry”

If an argument between spouses was the benchmark for domestic violence, then almost every family in America would be defined as an abusive relationship. This governmental over-reaction and dragnet targeting of normal families and treating them as criminals has led us to massive injustice across the nation.


II. EXAMPLES OF WHAT IS NOT FAMILY VIOLENCE

Human beings make mistakes and act at immaturely at times. Everyone has past conduct they wish could be taken back. Part of being human is sometimes hurting those loved the most. The absurdity is to classify a single out of character nonviolent act as “criminal.” 

For instance, it is not family violence to:

– Yell and scream at our spouse or another household member;

– Use profanity during an argument with a spouse or household member;
– Engage in minor pushing incidents with a spouse or household member;
– Hold the arm or hand of a spouse or household member while arguing;
– Momentarily block the path of a spouse or household member;
– Throw and break items during an argument;
– Say hurtful and mean things to a spouse or household member;

– Use self defense to stop the other spouse or household member from attacking you.

With “Zero Tolerance” arrest policies and “No Drop” prosecutions, the number of arrests for petty family arguments has skyrocketed. A former prosecuting attorney explains the
phenomena:

Christopher Pagan, who was until recently a prosecutor in Hamilton
County, Ohio, estimates that due to a 1994 state law requiring police on a domestic call either to make an arrest or to file a report explaining
why a no arrest was made, “domestics” went from 10 percent to 40 percent of his docket. But, he suggests, that doesn’t mean actual abusers were coming to his attention more often. “ We started getting a lot of push-and-shoves,” says Pagan, “or even yelling
matches.” In the past, police officers would intervene and separate the parties to let them cool off. Now those cases end up in criminal courts. It’s exacerbating tensions between the parties, and it’s turning law-abiding middle class citizens into criminals.
Cathy Young, Vice President, Women’s Freedom Network “Domestic Violations,” Reason On Line, April
1998


III. WHO IS THE REAL VICTIM ANYWAY?

In Texas, the legal definition of a crime “victim” is not what one might think. The word “victim” seems to mean the person who was assaulted, stabbed, murdered, or had their property stolen. Under the law, the “victim” of a crime is the “State.” All criminal cases are therefore styled: “ The State of Texas vs. The
Defendant.”

Once the authorities become involved in a domestic disturbance, they will forever be intertwined with the eventual outcome of the incident. The State, meaning the government, police, and prosecutors, solely decide if a case will be prosecuted or dismissed. Even if the “real victim,” i.e. the person, who supposedly was assaulted, informs the authorities of their desire to have the case dismissed, the charging decision is still left up to the
government.

The allegedly assaulted person can provide the government with an “affidavit of non-prosecution,” a document stating prosecution is not desired and requesting the case to be dropped. Until recently, such affidavits were given substantial consideration from the government. After all, why would the authorities want to prosecute when the actual victim did not desire it? The answer is simple: 

A case of alleged domestic violence now belongs to “The Family Violence
Industry.”

A constant complaint from those at the center of a family violence investigation is how
irrelevant the family is to the investigative team. The team wants to win the case. It wants a criminal conviction. And will do anything to get it. The team, despite its public overtures, does not care about the individual family it is making life-altering decisions for. The family, alleged victim, defendant, and children alike are all mere pawns, literally at the mercy of this governmental machine.

The machine knows very well how to destroy families, yet it knows nothing of healing them.

‘The woman sitting across the table often breaks into tears and fits of trembling. She lives in fear. She says she has been threatened and emotionally battered by those who call themselves “front-line workers” in the war against violence against women.” Since the violence against women specialists invaded their lives a year ago,
husband and wife have developed ulcers, been financially battered and say they survived many attempts to break up their marriage.

Now they’re angry . . . From the start the advice from support workers connected to the Domestic Violence Court was that she should break up her marriage. She should not risk living with a violent man. Her attempts to
defend her husband were met with we- understand- and- we- know- better attitudes; she was afraid of him and was trying to protect him so he wouldn’t be angry. When it became clear she had no intention of separating from her husband, the threats from domestic violence specialists connected to the court moved to a new level that still terrifies her.

“They seemed to be threatening to take my child. They said if I wasn’t going to protect my child from his father, then the system would have
to.”

“ I learned it’s a system that doesn’t listen.”

Dave Brown, The Ottawa Citizen, 2001 “Cult of The Domestic Violence
Industry”


IV. Zero Tolerance and No-Drop Policies

‘In the Domestic Violence industry, when the accusation is made, the case is
closed.’ 

John Maguire, Massachusetts News, www.massnews.com
“The Booming Domestic Violence Industry”

In response to supply the necessary bodies to perpetuate the family violence industry, law enforcement has adopted a new tool:
“Zero Tolerance.” 

What does “Zero Tolerance” mean? Two police officers will be dispatched to a home regarding a domestic disturbance. They will not arrive empty handed. Patrol units, equipped with computers, enable officers to quickly determine if this household has had any prior domestic incidents. Officers will know the complete criminal history of each spouse before arrival.

The police will find a household in which spouses have argued and are emotionally upset. The officers will separate the parties and conduct a brief interview of each’s version of events. The police will look for physical signs of violence, such as bleeding, red marks, or scratches. Then the two officers will confer with each other and compare stories. A decision to arrest will then be made. This entire “investigative” process can be completed in mere minutes, with the arrest decision made in a split second.

‘What couple does not encounter stress, especially when they have children? But in the fever of emotion, a woman can call “911″ and have three police cars there in minutes. After this fateful act, she loses all control. The state
prosecutes her husband whether she likes it or not. He is jailed and prohibited from returning home . . . And all they wanted was the police to defuse a tense situation . . . This policy ( Zero Tolerance) is designed to accustom society (both police and victims) to the intrusion of the state into
private lives. Couples are arrested just for having an argument. Neighbors phone the police. What’s next? Cameras in our homes just like George Orwell’s “1984″’? 

Editorial,
Winnipeg Free Press, “Zero Tolerance,” February 10, 2002

The Dallas County Texas Task Force on Domestic Violence was a federal grant award recipient in 1998 for $1,333,951.00. The title of the award, “Grants To Encourage Arrest Policies,” is a federal directive encouraging “Zero Tolerance.” The grant states: 

‘Purpose: These funds will allow the Dallas County Task Force to continue ensuring arrests and prosecution of domestic violence offenders, provide counseling and support to victims, and ensure that victims have access to
protective orders. Funds will support the addition of staff attorneys and prosecutors.’
www.ojp.usdoj.gov/vawo/map/arrest/1998/txgtea.htm

AND THEN THE CASE WILL NOT BE DROPPED.

“Zero Tolerance” by the police leads to a “No-Drop” policy by the prosecution. An arrest means the case will be prosecuted. Prosecution offices associated with Family Advocacy Centers will proceed with the case even if the family situation has been resolved. An “Affidavit of Non-Prosecution” is ineffective as this legal document merely reflects what the victim wants to do. The affidavit indicates the family is in healing and desires to work on repairing the marital relationship. The Family Violence Industry does not consider salvaging the marital relationship as an acceptable end result. 

The “protectors” view their job entails ending the relationship. Prosecutors are not concerned with the wishes or needs of the real victim. The “No –Drop” policy requires the case to go to trial even if the real victim wants the charges dismissed. “No-Drop” means the government will push the case all the way regardless of hardship upon
the family. To the entrepreneurs of the Family Violence Industry, “helping” the victim
may necessitate separation of the family enforced through protective orders, followed by divorce. In
addition, the helping agenda may include loss of employment for the accused spouse, financial
hardship, and adding unnecessary emotional stress to a family.

“Zero Tolerance” means that the government, not you, the government knows what is best for your
family.

If the government is so concerned about stopping family violence and helping families, why would they push prosecution when the family is asking them not to?


V. THE FAMILY VIOLENCE INDUSTRY

1. Domestic Violence Is a Political Crime

“Hello. I’m from the Government and here to help.” This old saying is satirically funny. Governmental intervention into anything usually creates nameless, faceless bureaucracies, solving nothing, complicating everything, and resulting in higher taxes.

The government has definitely made its way into family violence:

‘Like many crusades to stamp out social evils, the War on Domestic Violence is a mix of good intentions (who could be against stopping spousal abuse?), bad information, and worse theories. The result has been a host of unintended consequences that do little to empower victims while sanctioning interference in personal relationships.’ 
Cathy Young, Vice President, Women’s Freedom Network “Domestic Violations”, Reason On Line, April
1998

Ever few years a new “crime de jour “ (crime of the day) is created. This phenomenon begins with a legitimate social problem needing to be addressed. Examples in recent years of “crimes de jour” include “Driving While Intoxicated” and “Child Sexual Abuse.” The tragic consequences of isolated worst-case scenarios of these crimes are highly publicized. The nation is inundated with media coverage and informed the problem is not being adequately dealt with by the criminal justice system. Crime victims form support groups (such as M.A.D.D.- “Mothers Against Drunk Driving”), and these support groups in turn create lobby groups. The lobbyists influence the media, judges, and politicians. Political candidates sense community outrage and run campaigns with platforms designed to solve the “crime de jour.” After each campaign year and legislative session, new laws address perceived omissions, loopholes, and provide additional punishment for those convicted of the “crime de jour.”

The enactment of such special interest group legislation officially converts the “crime de jour” into a “political
crime.”

‘Some crusaders openly argue that domestic violence should be taken more seriously than other crimes. In 1996, the sponsor of a New York bill toughening penalties for misdemeanor assault on a family member (including ex-spouses and unwed partners) vowed to oppose a version extending the measure to all assaults: “The whole purpose of my bill is to single out domestic violence,” Assemblyman Joseph Lentol said. “ I DON’T WANT THE WORLD TO THINK WE’RE TREATING STRANGER ASSAULTS THE SAME WAY AS DOMESTIC ASSAULTS.”
Cathy Young, Women’s Freedom Network,” Domestic Violations” Reason On Line, April
1998

The new “crime de jour” is domestic
violence.

2. The Family Advocacy Center 

A strange conglomeration of individuals pushing varying agendas comprise the force behind the family violence movement. The movement combines legitimate victims and their advocate supporters with professional vendors who have much to gain through concentrated efforts to expand the industry:

‘These people, some idealistic and some merely pragmatic, have networked, talked with each other, served on various commissions, boosted each other’s careers, and helped to expand the definition of family violence, and the
size of state and federal funding massively . . . Only ten years ago, the women’s safety-advocates were a small group of idealists, operating on pennies. Today the movement has
grown large on state and federal tax monies. Every month, it seems spawns new sub-programs, clinics, shelters, research institutes, counseling centers, visitation centers, poster campaigns. Today, domestic violence is a big industry . . . Mapping the full extent of the domestic violence industry is not easy, because it’s a cottage industry, spread out in hundreds of places. State and federal money (in each state) goes to well over a hundred institutes, clinics, programs for counseling or outreach or coordination or training, computer databases, coalitions, shelters, PR agencies and other groups.’
John Maguire, “The Booming
Domestic Violence Industry, ”Massachusetts News
www.massnews.com 

The media, pressured by women’s safety advocate groups has perpetuated public hysteria by over inflating the true incidence of domestic violence. While a legitimate social problem and cause for reasonable concern, the response to the force-fed hysteria has been legislative overkill. In order to facilitate the legislative demands, bureaucracies must be formed. The result is “The Family Advocacy
Center.”

A typical family advocacy center combines many agencies and individuals into one facility. The center will house police, legal, medical, social service, substance abuse, housing, women’s advocacy, victim’s rights, and counselors in one facility. The Irving Texas “Family Advocacy Center” defines itself as
“one stop shopping for victims.” www.irvingpd.com/IFAC.htm). 

3. Follow the Money

Federal law provides funding to states for the creation, development, and utilization of Family Advocacy Centers through the “Family Violence Prevention and Services Act.” (Title III of the Child Abuse Amendments of 1984, Pub. L. 98-457, 42 U.S.C. 10401). The bottom line for the falsely accused is this:
Domestic Violence is now an enormous financial industry. Each state receives millions of federal dollars in grant money by adopting provisions of federal
law.

‘(Women’s Shelter Centers) provide DSS (Department of Social Services) with additional clients. The women’s groups get more money and DSS gets more state and federal money. They both are artificially inflating their numbers. They inflate domestic violence statistics this way and through the use of coerced restraining orders. By artificially inflating the domestic violence statistics they are able to create political hysteria– leading to more funding.’
Nev Moore, “Unhealthy Relationship between DSS and Domestic Violence Industry.”

In effect, the government has created a self-fulfilling prophecy. Federal money is awarded to communities who can statistically justify the need for a family violence center. In so doing, the government itself perpetuates charges of domestic violence. It creates a “Family Violence Industry.” This circular reasoning mirrors the previous “crime de jour” of child sexual assault in the 1990’s. A comparison of the governmental domestic violence movement with the prior special interest group-driven child sexual assault hysteria
illustrates:

‘According to the late Dr. Richard Gardner, the reason for the alarming rise in child abuse allegations and specifically false allegations can be rationally explained. “ There’s a complex network of social workers, mental health professionals, and law enforcement officials that actually encourages charges of child abuse–- whether they are reasonable or not.” Dr. Gardner is referring to the fact that the Mondale Act (CAPTA) is responsible for the dramatic increase in child abuse charges. “ In effect, the Mondale Act, despite its good intentions, created and continued to fund a virtual child abuse industry, populated by people whose livelihoods depend on bringing more and more allegations into the system”’.
Armin Brott, “A system out of Control: The Epidemic of False Allegations of Child Abuse” 

The Federal Government will award $20 million in grants in 2004 to communities across the nation to plan and develop Family Advocacy Centers. (United States Department of Justice “Fact Sheet” on “The President’s Family Justice Center Initiative”;
www.ojp.usdoj.gov). The DOJ’s “Fact Sheet” reveals hidden financial incentives in the formation of centers to promote domestic violence cases. Family violence “services” will create a large number of jobs and benefit center associated professionals. Dropping cases will not. According to the DOJ Fact Sheet, the Family Violence Centers may include the following
“services”:

– Medical Care, Including On-site or Off-site Primary Physical Care, Mental Health Counseling for Victims and
Dependents, Sexual Assault Forensic Evidence Collection;

– Law Enforcement and Legal Assistance Services, Including On-site Help to Get Protective Orders Signed and Enforced, to Investigate and Prosecute Offenders, and Provide Witness Assistance and Court-based Victim Advocates;

– State-of-the-art Information Sharing and Case Management Systems;

– Social Services, Including Federal and State Welfare Assistance for Parents and Children;

– Employment Assistance, Including Employment and Career Counseling and Training Through Local One Stop Employment Centers or Other Local Services;

– Substance Abuse Treatment;

– Child-related Needs Such as Parenting Classes, Teen Pregnancy Services, Supervised
Visitation and Safe Exchange Programs, Services for Child Witnesses of Domestic Violence, Assistance for Relocating Children into New Schools, Truancy Programs, and Youth Mentoring Programs;

– Housing and Transportation Assistance to Cover Immediate Needs and Help with Long-term Housing Solutions; and

– Chaplaincy or Faith-based Counseling Programs Providing Victims and Their Families with Non-sectarian Spiritual Guidance. 

United States Department of Justice
www.ojp.usdoj.gov

Fact Sheet: The President’s Family Justice Center
Initiative

Which professionals directly benefit from a community-based Family Violence Center?

– Medical: Physicians, S.A.N.E (Sexual Assault Nurse Examiners), and Nurses;

– Law Enforcement: Police Investigators, Patrol, Polygraph Operators; Supervisors, Staff;

– Legal: District Attorney’s Offices; Assistant District Attorneys, Investigators, Staff;

– Social Services: Department of Protective and Regulatory Services, Caseworkers, Investigators, Supervisors, and Support Staff;

– Employment Offices: Employment Agencies, Workers, and Staff;

– “Forensic Interviewers”; – Substance Abuse Centers: Substance Abuse Counselors;

– Child Related Vendors; Counselors and Therapists;

– Housing Authorities; Placement and Personnel

– Counseling Services: Mental Health, Rage and Anger, Battering Intervention Prevention Program Counselors, Marriage Counselors, Family Counselors;

– Women’s Advocacy Group Personnel – Women’s Shelter Placement Personnel and Shelter Personnel

– Victim Advocate Services Personnel (Advocates to Support Victims and Monitor the Individual Case from Arrest Through
Trial).

Who on the above list benefits if no arrest and charge are made?

Ultimately, this begs the big question:

Is the government interested in the quality or the quantity of domestic abuse cases?
Silverstorn, “The Truth About Child Protective Services”,
www.home.attbi.com/-silverstorm/cps.htm

A critic of the Family Violence Industry, John Flaherty, co-chairman of the Fatherhood Coalition states:

‘This industry is an octopus. It’s got its tentacles in more and more parts of everyday life. It’s a
political movement . . . This industry doesn’t answer to anybody. They’re in it mainly for the
money . . . The industry’s problems may be about to increase, because it is becoming clear
through scientific research that the whole premise of the movement and the industry it spawned
– – that “domestic violence” means bad men hitting helpless, innocent women – – is just plain wrong.’
 
John Maguire, Massachusetts News
www.massnews.com, “The Booming Domestic Violence
Industry”

The Family Advocacy Centers will operate with the group mindset of most bureaucracies.

“ The agencies’ main objective is self preservation: to perpetuate the bureaucracy and to expand the bureaucracy.” 

(Silverstorn,“The Truth About Child Protective Services,” www.home.attbi.com/-silverstorm/cps.htm).

The method for doing this is by seeking and making cases. 

How will the advocacy centers get the number of cases they need? A philosophical change at the most basic level was needed. In order to make the numbers work, the definition of family violence had to be expanded to extend beyond battering spouses and include normal family arguments. In essence, the system adapted by accepting each family violence “911″ call as a potential customer. 

‘A call to 911 is generally mutually assured destruction of a relationship, marriage, family, and the lives of all involved. It doesn’t matter that you’re innocent. Or that she attacked you first. Or that you both went over the line and that both of you want to put it behind you and work it out. The system will prosecute you and persecute you until you’ve confessed your sins– even if you’ve none to confess. And you’re not cured until they say you’re cured– even if you were never sick to begin with.’ 

Charles E. Corry, Ph.D., quoting Glenn Sacks, 
“What Happens When 911 is Dialed Under Current Colorado
Law”

“Zero Tolerance” and “No- Drop” policies create a constant stream of what the advocacy centers need most: bodies. More arrests result in more persons charged. The assembly line then takes over, and the unwitting family becomes passed on from one self-interested protector to another. Post arrest the victim is ”assisted” by the police detective, “forensic interviewer,” and the prosecutor. Incriminatory statements secured, the prosecution team will temporarily lose interest until trial.

At this point, the victim support groups take over, advocates are appointed, and shelters are called, counselors engaged. The list goes on until the family is emotionally, psychologically, and financially drained. And if it all goes perfectly for the team: conviction.

In essence, a great food chain is created, in which many professionals, counselors, physicians, and vendors, are feeding off persons arrested and charged under “Zero Tolerance” programs. Family advocacy salesmen freely admit the concept is a direct springboard from the child advocacy centers. An Allen Texas Police Investigator states: “The children’s advocacy center works very well in Collin County . . . crime victims groups in Collin County work well together. So having a family justice center would encourage that more.” (Dallas Morning News, Collin County Edition, March 14, 2004, “Groups Unite To End Domestic
Violence”).

The financial rewards for Family Advocacy Centers will not be dependent upon criminal convictions. The funding will be given to the centers regardless of the outcome of the case, or truth of the allegations. With absolute immunity from liability, the Family Advocacy Center team members have no fear of any repercussions for their actions.

4. Team Unity: Take Out A Family For the Team

The majority of District Attorney’s Offices in North Texas follow the national model of having specialized family violence units, where assigned prosecutors and investigators handle only domestic violence cases. Many North Texas law enforcement agencies have specialty family violence teams. All of the law enforcement agencies affiliated with an advocacy center assign officers to the center as part of a domestic violence task
force.

The creation of specialized domestic violence prosecution teams has but one goal: conviction of a suspected perpetrator. The advocacy team collaboration of prosecutors, police, social workers, medical professionals, counselors and others are a team in every sense of the word. They share more than a central location. They share belief systems, ideologies, strategies, and a game plan. That game plan is to convict any person charged with domestic violence. The belief system is one that every person charged with domestic violence is a batterer. The belief system also finds every victim of domestic violence to be a battered spouse.

The belief system incorporates extreme arrogance. The family violence team knows better than anyone, particularly the family itself, of what is best for them. The team works together in secret, planning and mapping out strategy to forge the future of the family, whether it is in their best interests or not.

‘Unfortunately, it won’t really matter what happened that night or how capable she (alleged victim) is of deciding for herself whether or not she needs protection– the court and the prosecutors can still say no. They can stand by and tell that victim that she doesn’t really know what’s best for her and her family. She is a victim– how can she possibly know what’s after what she’s been
through?

Many of these people know exactly what is best for them and their families, and yet are revictimized by the powerlessness imposed upon them by a system of people who know better.’
Janeice T. Martin, Attorney at Law,Naples (Florida) Daily News, 
November 3, 2002, “Domestic Violence- The Other Side of Zero Tolerance” 

The above statement is not an aberration. It is common to find family service plans forced upon alleged victims by advocacy center social workers to include conditions, which require:

1. The alleged perpetrator to reside out of the household while the case is pending;

2. The alleged perpetrator to have no contact with the family while the case is pending;
3. The alleged victim to “assist” in the prosecution of the alleged perpetrator.

Assisting in prosecution means the victim must testify against the defendant. It also often means the victim must pursue divorce proceedings against the defendant. If the victim does not want to divorce or testify, advocates for failing to protect her children will eventually threaten her. Then the protectors will threaten removal of the children unless the victim pledges allegiance to the team and assists in convicting the defendant.

‘Women are coerced into accepting their cultish indoctrination via the use of threats, intimidation, and the fear of losing their
children . . . Women are ordered to leave their husbands, even in the absence of real domestic violence or abuse. They are ordered to never let the fathers see their children, or DSS will charge the women with neglect.’

Nev Moore, “Unhealthy Relationship between DSS and Domestic Violence Industry.” 

5. Pssst . . . They Are Coming . . . Or Are They Already Here?

Family Advocacy Centers are a relatively new innovation in the “War on Domestic Violence.” They are quickly following in the footsteps of Child Advocacy Centers. Many communities are combining the two into one super center. The City of Phoenix Arizona may have been the first to create a strictly domestic violence center upon opening the “Family Advocacy Center” in August 1999. The Phoenix model is a good indicator of the self fulfilling prophecy behind Family Advocacy Centers,
“Build It – They Will Come.” Statistics of cases from the Phoenix Center
show:

Since August 1999, Phoenix has had 16,439 domestic violence “contacts” in which 59% have received “services.” Translated, this figure means roughly 9700 domestic violence cases in five years since the opening of the Phoenix Family Advocacy Center. (www.phoenix.gov/CITZASST/fac.html).

How many of those cases resulted in criminal convictions could not be ascertained.

The first known Family Advocacy Center in Texas opened its doors in January of 2002. The City of Irving “Family Advocacy Center” describes its goal to “bring together those police units and outside agencies that provide support, prosecution, and therapy for victims of domestic violence, child abuse, and sexual assault.”
(www.irvingpd.com/IFAC.htm). To no one’s surprise, the Irving Police Department adopted a “Zero Tolerance” stance on domestic violence. Again, not surprisingly, Irving boasts of rising statistical increases in the number of domestic violence cases received since the creation of its Family Advocacy Center. Consistent with Phoenix, the Irving police department website does not cite statistics regarding actual criminal convictions.

Rest assured, the Family Advocacy Center is coming soon to a neighborhood near you.

According to the Department of Justice, the federal government will award $20 million in grants in 2004 to communities across the nation to plan and develop Family Advocacy Centers. (United States Department of Justice Fact Sheet on The President’s Family Justice Center Initiative;
www.ojp.usdoj.gov).

Collin County, Texas is one of the communities applying for the federal grant money. However, a spokesman for the Collin County District Attorney’s office indicated the county “ would pursue the center even if it did not win the grant. But without financial backing, the project would take longer.” (Dallas Morning News, Collin County Edition, March 14, 2004, “Groups Unite To End Domestic
Violence”).

North Texas is an active participant in the domestic violence industry. Dallas and Denton Counties have instituted specialty family violence courts, in which domestic violence cases are primarily the only cases on the docket. Specialized courts allow prosecutors and judges to create a uniform method to streamline cases. The accused faces a tremendous obstacle in a family violence court. The court’s very existence is silently predicated upon convicting as many defendants as possible. Only convictions can feed the system, as with convictions come fines, community supervision fees, battering intervention program costs, and other methods of pouring money back into the industry. Rising numbers of convictions mean the need for more prosecutors, judges, probation officers, domestic violence counselors, domestic violence programs
and more specialized domestic violence courts. Convictions also support the propaganda generating the movement: “family violence is prevalent in your community at an unconscionable
rate.”

The government substantiates its national cry of a plethora of domestic violence through statistical data. Since there is not a nationwide plethora of domestic violence, the protectors needed assistance in the form of fuzzy math. The fuzzy math was easily solved. Simply cite statistics that show the number of domestic violence “contacts” or “services provided” rather than domestic violence convictions. By using “contacts” as the statistical benchmark, family violence crusaders are able to point to every police dispatch to a family argument as a “case.” These “cases” then secure the numbers needed for federal and state grant
money.

Another problem facing the protectors was dealing with the end result of minuscule criminal activity. How would prosecutors secure criminal convictions in court after arresting family members for arguments and trivial push-shove matches? For this, the protectors and politicians needed to change the law.

The legislature responded with open arms.


VI. CHANGING THE RULES TO CONVICT

1. Legislative Changes

Pro football star, Warren Moon, former quarterback of the Houston Oilers and Minnesota 
Vikings was charged with domestic violence assault in July 1995. The case captured national attention as his wife, the alleged victim, Felicia Moon did not want to testify or pursue charges. 

The prosecution forced Felicia Moon to testify after the Texas Legislature amended and limited the “Husband – Wife” privilege. Prior to the change in the law, a spouse could elect not to be a witness for the state to testify against the other
spouse.

‘The couple said they scuffled at their home July 18 after an argument over credit cards provoked Mrs. Moon to throw a 2-pound candleholder at Moon’s back. Mrs. Moon ended up with scratches and bruises around her neck and shoulders. Moon said that he was probably responsible for the injuries but that he was trying to calm his wife, not harm her.

Mrs. Moon likewise insisted her husband never intended o hurt her. She had pleaded with prosecutors to not press charges but was forced to take the stand under a 1995 law eliminating the right to refuse to testify against one’s spouse. More than 40 states have eliminated
the spousal privilege.’
Terri Langford, Associated Press, February 23,
1996.

It took the jury merely 27 minutes yesterday to acquit Warren Moon of the assault.

The 1995 amendment to the Code of Criminal Procedure and Rules of Evidence authorize the prosecution to mandate a spouse to testify against the other spouse. The provisions read: 

ART. 38.10 EXCEPTIONS TO THE SPOUSAL ADVERSE TESTIMONY PRIVILEGE

The privilege of a person’s spouse not to be called as a witness for the state does not apply in any proceeding in which the person is charged with a crime committed against the person’s spouse, a minor child, or a member of the household of either spouse.
Tex. Code Crim. Proc. Art. 38.10

(b) Privilege Not to Testify in Criminal Case

(4) Exceptions: The privilege of a person’s spouse not to be called as a witness for the state does not apply:

(A) Certain criminal proceedings.

In any proceeding in which the person is charged with a crime against the person’s spouse, a member of the household of either spouse, or any minor. 

Texas Rules of Evidence 504 : Husband – Wife Privileges

In addition to the legislative changes, Texas Appellate Courts have broadened hearsay exceptions, authorizing the prosecution to introduce supposed prior statements of an alleged victim. 

2. Hearsay Evidence

Hearsay is defined as “ a statement, other than one made by the declarant while
testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” (Tex. Rules. Evid. 803 (2)). In layman’s terms, hearsay occurs when a witness testifies regarding what they heard someone else say. Hearsay is inadmissible at trial; however, there are many exceptions to the hearsay
rule.

In domestic violence cases hearsay evidence is often admitted as substantive evidence of guilt. It is typical for courts to allow a police officer to testify to the officer’s memory of what the victim supposedly said at the time of the incident. This testimony is admitted even though the victim’s alleged statements were not recorded by the officer. Rather, the officer is testifying from notes in the police report
made several hours or even days after the arrest. This testimony is admitted as an “excited utterance.”

An excited utterance is defined as “A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.” (Tex. Rules. Evid. 803 (2)). It is common for a statement to be admitted at trial as an excited utterance even if the incident occurred several hours prior to the officer obtaining the statement from the victim. The hearsay exception of excited utterances also allows the state to play the recorded “911″ call from the victim to the jury. Whether an “excited utterance” is admissible is within the discretion of the trial court
judge.

A criminal defense attorney will object to hearsay testimony as a violation of the defendant’s right to confront their accuser at trial. When a witness at trial is reciting hearsay testimony, the defendant cannot cross-examine or confront the person who actually made the statement. The person who made the statement, called the declarant, is not the witness on the stand. The United States Constitution and state constitutions guarantee the defense the right to confront the accuser at trial. Generally speaking, an objection on the grounds the confrontation clause was violated is overruled by the trial court judge if the state can prove a hearsay exception.

On March 8, 2004, the United States Supreme Court decided the case of
Crawford v. Washington, 2004 U.S. Lexis 1838, 72 U.S.L.W. 4229. The court interpreted the Sixth Amendment “Confrontation Clause” of the United
State’s Constitution. In Crawford, the Court found the confrontation clause was violated when a recorded statement by Crawford’s spouse was played for the jury. Crawford’s wife did not testify at trial under Washington’s “Husband-Wife” privilege.

The case may not impact traditional hearsay rule exceptions. The Court made a distinction between “testimonial” and “non-testimonial” hearsay. The spouse in
Crawford, had also been arrested and gave her statement while in police custody. The Court found those circumstances to be testimonial hearsay, inadmissible as a violation of the confrontation clause when the recording was played at trial and she did not
testify.

Crawford does not cover “non-testimonial” statements such as when a spouse makes incriminating statements against the alleged battering spouse on a “911″ call. Additionally,
Crawford‘s ruling may not apply to “excited utterance” hearsay statements made by the victim when police first arrive on the scene. That question will be addressed by state appellate courts.
With anticipated pressure from the Family Violence Industry, state appellate courts may take a very narrow view of
Crawford’s holding and allow hearsay statements into evidence.

3. Syndrome Evidence May Be Admissible Against the Accused

A new strategy is being urged by the state in domestic violence cases, particularly when the alleged victim has recanted or changed her story. The prosecutors are borrowing concepts from child sexual assault cases and attempting to expand them to family violence cases. In many states, prosecutors in child abuse cases can offer expert testimony that a child is suffering from the “Child Sexual Abuse Accommodation Syndrome”(C.S.A.A.S.). This syndrome is based on the theory that abused children will exhibit certain character traits indicative of abuse.

Prosecutors in adult assault cases are now attempting to show a victim who recants or changes the original story is suffering from “Battered Woman’s Syndrome.” The new prosecutorial trend is to use the syndrome to explain why a victim of domestic violence would recant. The state wants the jury to hear expert testimony explaining that a victim is likely to recant, not due to the absence of violence, but because she is a battered
woman.

“Battered Woman Syndrome describes a pattern of psychological and behavioral symptoms found in women living in battering relationships.”
People v. Romero, 13 Cal Rptr 2d 332, 336 (Cal App 2d Dist. 1992). 

The nation’s leading expert on the syndrome, Dr. Lenore Walker, states:

There are four general characteristics of the syndrome:

1. The woman believes that the violence was her fault.
2. The woman has an inability to place the responsibility for the violence elsewhere.
3. The woman fears for her life and/or her children’s lives.

4. The woman has an irrational belief that the abuser is omnipresent and omniscient.

Walker, found nine typical characteristics of the battered wife:

(1) has low self-esteem;
(2) believes all the myths about battering relationships;
(3) is a traditionalist about the home, strongly believes in family unity and the prescribed feminine sex-role stereotype; 
(4) accepts responsibility for the batterer’s actions;

(5) suffers from guilt, yet denies the terror and anger she feels;
(6) presents a passive face to the world but has the strength to manipulate her environment enough to prevent further violence and being killed;
(7) has severe stress reactions, with psychophysiological complaints;
(8) uses sex as a way to establish intimacy; and
(9) believes that no one will be able to help her resolve her predicament except herself. 
Dr. Lenore Walker, ‘The Battered Woman Syndrome’
(1984)

Slowly the syndrome is appearing in domestic violence courts throughout the country as a means to strengthen the state’s case against the accused. The majority of courts are disallowing expert testimony without specific proof the victim in that case suffers from the syndrome. However, it is anticipated this syndrome will soon gain the same status as C.S.A.A.S. and become a routine prosecutorial tactic against defendants in domestic violence cases.

With syndrome evidence, the state replaces its lack of real proof with speculation. Expert
testimony stating the wife is a battered woman is fatal to the falsely accused. A wife testifying for the defendant describing the incident may tell the jury she exaggerated or was the instigator herself. The prosecution in rebuttal will call an expert witness to inform the jury that she is testifying in a manner consistent with being a battered spouse and merely protecting her husband.

A variety of state law cases indicate this prosecutorial trend seeking to introduce evidence the victim belongs to the class of persons known as “Battered Woman’s
Syndrome”:

1. Russell v. State, Court of Appeals of Alaska, 2002 Alas. App. LEXIS 237, ( 2002) (Memorandum decision, not legal precedent);
2. People v. Williams, Court of Appeal of California, Second Appellate District, Division Four, 78 Cal. App. 4th 1118; 93 Cal. Rptr. 2d 356;
3. State v. Yusuf, Appellate Court of Connecticut, 70 Conn. App. 594; 800 A.2d 590; 2002 Conn. App. LEXIS 349 (2002);

4. State v. Niemeyer, Appellate Court of Connecticut, 55 Conn. App. 447; 740 A.2d 416; 1999 Conn. App. LEXIS 408 (1999);
5. Michigan v. Christel, 449 Mich. 578, 537 N.W.2d 194, 1995 Mich. LEXIS 1477;
6. State v. Cummings, Court of Appeals of Ohio, Eighth Appellate District, 2002 Ohio 4178; 2002 Ohio App. LEXIS 4353 (2002);
7. Garcia v. State, NO. 01-99-01068-CR, Court of Appeals of Texas, First District, Houston, 2000 Tex. App. LEXIS 3774, (2000)(Unpublished, not legal precedent). 

4. Convictions Without Physical Evidence

Defendants have been convicted of domestic violence without any physical evidence introduced against them at trial. In many cases, the argument resulting in the arrest was so slight the alleged victim does not need or seek medical treatment. Frequently, the accused is convicted for intentionally causing “bodily injury” without any testimony from a qualified medical expert. The victim’s testimony alone that she felt pain or suffered bodily injury is sufficient for a conviction. 

This testimony can be supported by police officer testimony of having observed red marks, scratches, or bleeding, to substantiate the decision to arrest. These claimed injuries may or may not be photographed and preserved for trial. Commonly, a defendant is convicted of causing bodily injury without medical or photographic evidence.

The creation of the Family Advocacy Center is anticipated to follow their Child Advocacy Center predecessors. Medical nurses and employees, whose livelihoods depend upon their contracts with the centers, will give opinions that a victim was abused. Failure to give the right opinion will mean the contract is not renewed. These opinions from medical “experts” will say the findings are “consistent with” abuse. Of course, “consistent with abuse” is not a true medical diagnosis. This testimony, when attacked by the defense attorney will reveal the findings given, as “consistent with abuse” are just as “inconsistent with
abuse”.

Instead of physical and medical evidence, the falsely accused are now and will continue to be convicted upon theories, inferences, and speculation. Prosecutors secure convictions by manipulating the juries’ fear of releasing a battering spouse back into the home. This fear will be combined with hearsay, expert witness “syndrome evidence”, misleading medical testimony, and the biased opinions of family advocacy investigators. Immediately after arrest the alleged victim will be hustled to the Family Advocacy Center to be interviewed. At the center, a “forensic interviewer” with the help of state agents will orchestrate a video taped interview. The prosecutor and police detective will be monitoring the process through a two-way mirror in the adjacent room. The interviewer will be in communication and fed questions from the agents through a wireless microphone earpiece. The interviewer will question the alleged victim when she is still highly emotional and upset, prone to exaggeration and motivated to hurt the accused. Many cases have shown investigators to require an alleged victim to add the phrase “ I felt pain” to any written or verbal description of the incident. The alleged victim is unaware that “pain” is the legal buzzword authorities must have to prosecute. 

5. Summary: Recipe for conviction:

1. “911” call from the alleged victim claiming assault and
injury;

2. Recorded preservation of the “911″ call for trial; 

3. A biased police investigation;

4. A Zero Tolerance policy requiring the police to make an arrest;

5. A biased interviewer requiring the alleged victim to state or write that she felt “pain”; 

6. A biased medical report by a “nurse” contracted by the domestic violence
industry;

7. Syndrome evidence from an “expert” witness if the victim recants or changes her story; 

8. Trial testimony through “excited utterance” hearsay and denial of the husband – wife privilege not to testify against their spouse; 

9. Conviction on little or no physical evidence.


VII. FAMILY VIOLENCE LEGAL FACTS: A CHECKLIST

1. Issues Upon Arrest 

– What Is Family Violence?
Family violence is defined as “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.”
Tex. Fam. Code § 71.004 (2004)

– What Is An Assault Family Violence Offense?

There is not a Texas penal code statute entitled “Assault – Family Violence.”
Despite what offense may have been written on the magistrate’s warning or bail bond, the actual offense is for “Assault”. In Texas, an assault offense can range from a Class C misdemeanor (similar to traffic citation) to a felony. The charge is a Class C misdemeanor if the physical contact is merely regarded as “ offensive “ or “provocative”. In those situations, the suspect usually receives a citation and promises to appear later in a Municipal Court where the maximum punishment is by fine up to $500.00.

The vast majority of family violence cases are charged as Class A misdemeanors in which it is alleged the defendant caused ”bodily injury” to the victim. In cases in which “serious bodily injury “ is alleged, the offense is characterized as a felony. It also will be a felony if “the defendant has been previously convicted of an offense against a member of the defendant’s family or
household”.

– What Evidence Do The Police Need To Make An Arrest?
An officer must arrest if probable cause exists to believe that bodily injury has occurred.

– Do the Police Need A Warrant To Arrest Me?

Texas state law authorizes the police to make an arrest without a warrant of:

“ persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to a member of the person’s family or household.”
Tex. Code. Crim. Proc. Art. 14.03 (a) (4).

This legal authorization leads to an automatic arrest or “zero tolerance” policy by many police departments. Once a call for assistance was made to a “911″ operator regarding a domestic disturbance, someone is going to jail if there is any evidence, credible or not, of bodily
injury.

– What is Bodily Injury?

“Bodily Injury means physical pain, illness, or any impairment of physical condition”.
Tex. Pen. Code § 1.07 (8) 

It does not take much to make an allegation of “bodily injury”. Bodily injury does not require a trip to the doctor, any medication, or even any sign of injury such as a bruise or red mark. The alleged victims’ statement they felt pain is sufficient for an arrest to be made. This is why the police officer will ask the alleged victim if she was “hurt” or felt “pain”. If the victim says yes, then the officer has been provided with probable cause the bodily injury provision has been
met.

– What Happens If the Alleged Victim Decides She Does Not Want to Prosecute?
The State will prosecute the case anyway.

– What Is Zero Tolerance?
Zero Tolerance means the police will make an arrest without exception after a family argument if they have probable cause to believe any bodily injury has occurred.

– What Is A No Drop Policy
A “No Drop Policy” means the State will prosecute all domestic violence cases without exception, even if the victim wants the case dismissed and has filed an affidavit of non-prosecution. 

– Can I Be Held in Jail Even after I Make Bail?
The magistrate (judge) can hold the arrested person in jail for four (4) hours after making bail, if there is probable cause to believe any violence would continue if the person were immediately released. 

This period can be extended up to forty -eight hours if authorized in writing by a magistrate. If the extended time period exceeds twenty four (24) hours, the magistrate must make a finding the violence would be continued if the person were released and the person has previously been arrested within ten (10) years on more than one occasion for family violence or for any other offense involving the use or exhibition of a deadly weapon.
Tex. Code Crim. Proc. art. 17.291 (2004)

– What Is the Arraignment?

After an arrest the accused will be brought before the magistrate for the arraignment. At this hearing, the magistrate will read the accused their legal rights, set bail, and usually issue an emergency protective order. 
Tex. Code Crim. Proc. art. 15.17

– What Is an Emergency Protective Order?
An emergency protective order is issued against the accused by the magistrate at the arraignment hearing. The protective order may:

– evict the accused from their residence for sixty (60) days;

– prohibit the accused from possessing a firearm;
– prohibit the accused from communicating directly with a person protected by the order or a member of the family or household in a threatening or harassing manner;
– going to or near the residence, place of employment, or business of a member of the family or household or of the person protected under the order; or the residence, child care facility, or school where a child protected under the order resides or attends.
Art. 17.292. Tex. Code Crim. Proc. Magistrate’s Order for Emergency Protection

– What Happens If I Violate The Emergency Protective Order?

Violation of the emergency protective order results in a separate criminal offense punishable by a fine of as much as $ 4,000 or by confinement in jail for as long as one year or by both. An act that results in family violence or a stalking offense may be prosecuted as a separate misdemeanor or felony offense. If the act is prosecuted as a separate felony offense, it is punishable by confinement in prison for at least two years. 
Art. 17.292. Tex. Code Crim. Proc. Magistrate’s Order for Emergency Protection

– Can the Judge Kick Me out of My Own House?
The protective order may evict the accused from their residence for sixty (60) days.
Art. 17.292. Tex. Code Crim. Proc. Magistrate’s Order for Emergency Protection

– Can I Be Ordered Not to Have Any Contact with My Wife or Children?

An emergency protective order by itself cannot prohibit the arrested person from making non-threatening communication or contact with the protected person. However, nothing prohibits the magistrate from making an additional “no – contact” condition of bail. Art. 17.40.
Tex. Code Crim. Proc. Conditions Related to Victim or Community Safety

– Can I Get the Protective Order Modified, Changed or Dismissed?
The court, which issued the emergency protective order, can modify all or part of the order after each party has received notice and a hearing has been held. In order to change or modify the order, the court must find:

(1) the order as originally issued is unworkable;
(2) the modification will not place the victim of the offense at greater risk than did the
original order; and

(3) the modification will not in any way endanger a person protected under the order.
Art. 17.292. Tex. Code Crim. Proc. Magistrate’s Order for Emergency Protection

– What If My Spouse Says She Will Not Enforce The Protective Order?
Only the Judge who issued the emergency order can change it or set it aside. No other person can give permission to anyone to ignore or violate the order.
Art. 17.292. Tex. Code Crim. Proc. Magistrate’s Order for Emergency Protection

– How Long Is The Protective Order In Effect?
An emergency protective order is in effect for not less than thirty-one (31) days and not more than sixty-one (61) days.
Art. 17.292. Magistrate’s Order for Emergency Protection

A final protective order issued by a District Court may be in effect for up to two (2) years.
Tex. Fam. Code § 85.025 (2004)

– Can I Own or Possess a Firearm While out on Bail?

After arrest a magistrate will usually issue an emergency protective order, which can prohibit the arrested person from possessing a firearm, unless the person is a peace officer.
Art. 17.292. Magistrate’s Order for Emergency Protection

The magistrate or judge assigned the case can make additional bond conditions, which prohibit the accused from possessing a firearm while the case is pending.

– What Happens If I Have Right To Carry Handgun License?
The magistrate can suspend a license to carry a concealed handgun.
Art. 17.292. Tex. Code Crim. Proc. Magistrate’s Order for Emergency Protection

– What Kind of Conditions Will I Be under While out on Bail?
A magistrate can require any condition to bail that he / she finds to be reasonable as long as it is related to the safety of the victim or the community.
Art. 17.40. Tex. Code Crim. Proc. Conditions Related to Victim or Community Safety

In some cases this may mean there is to be no contact between the alleged victim and the defendant. Once the case has been assigned to a court, that judge may order additional conditions of bond. A judge in Collin County, Texas, has made it a practice to require the accused to attend a weekly batterer intervention counseling program for eighteen (18) weeks even though there has been no conviction.

– The Prosecutor Must Notify Family Law Court Of An Arrest For Domestic Violence If Temporary Orders Regarding Custody or Possession of a Child Are In Effect.

The prosecutor must notify a family law court of an arrest for family violence if the family law court had previously entered temporary orders.
Art. 42.23. Notification of Court of Family Violence Conviction

– What Is An Affidavit of Non-Prosecution?
This affidavit is a legal document from the victim informing the authorities prosecution is
not desired and requesting the case to be dropped. 

– What Happens If My Spouse Executes an Affidavit of Non-prosecution?

The charging decision belongs to the government. In all likelihood, the State will prosecute the case anyway. 

– Should We Meet With The Prosecutor To Get The Case Dismissed?
Sometimes the alleged victim wants to meet with the prosecutor to change her story and
get the charge dismissed.

This procedure needs to be skillfully handled by an attorney. If your spouse meets with either the prosecutor or police investigator alone, she will be threatened with arrest and prosecution if she wants to change the original story. The prosecutor will threaten to charge her with making a false statement to a police officer and / or perjury.

– Can The Case Ever Be Dismissed?
Yes, even with a “no-drop” or “zero tolerance” policy, a good attorney can eventually influence the prosecutor to drop the case. Prosecutors, despite great overtures about caring for the victim and similar altruistic posturing, care very much about winning. The only thing that matters to a prosecutor is winning the case and advancing their career. The alleged victims are just numbers whose faces and situations will be forgotten by the prosecutor with the start of the next case.

The defense motivates the prosecutor to dismiss. Prosecutors hate to lose cases. If confronted with a case that cannot be won they will try to deviate from office policy to dismiss, “just this one time”.

– What If There Is No Physical Evidence of Bodily Injury ?
In many cases evidence of injury is slight, or no physical evidence of injury may exist at all. The State will prosecute the case anyway.

– How Could I Be Found Guilty If There Is No Physical Evidence?
The State can get a conviction solely on the testimony of the alleged victim without any physical evidence of bodily injury.

– What If The Victim Does Not Show Up For Trial?
The State will subpoena her for trial. If she does not appear the judge will issue a writ of attachment (arrest warrant). The Sheriff will arrest your spouse and bring her to the courthouse. If she cannot be located, the judge will grant the State’s motion for a continuance. If she cannot be found, even after a continuance, the State will prosecute the case and present hearsay evidence of what your spouse
said:

1. On the 911 dispatch tape;
2. To the investigating police officers;
3. By introducing any written or recorded statements of your spouse. (Written or recorded statements may now be inadmissible after the United States Supreme Court decision in Crawford v. Washington, 2004 U.S. Lexis 1838, 72 U.S.L.W. 4229.)

– Can the Case Be Won At Trial?
These cases are frequently won at trial by skilled criminal defense attorneys. In many situations, the argument involved both parties and any physical assault was actually mutual combat. Self-defense is a defense to prosecution under Texas and all states law.

2. Consequences Of A Conviction

– Will An Arrest Or Conviction Be on My Record?
A conviction, probated sentence, or deferred adjudication will result in a permanent criminal record. In Texas there are only two ways to remove a domestic violence arrest record. An attorney can have the records of arrest expunged (destroyed) if the state never files a case or if the case is won at trial.

A plea of guilty or no contest to the charge or a finding of guilt, will result in a criminal record even if the defendant is placed on probation or deferred adjudication and successfully completes the community supervision period. 

There is no method by law to expunge, destroy, or seal domestic violence convictions, probations, or deferred adjudications.
Tex. Govt. Code § 411.081

– What Happens If I Am Not a U.S. Citizen?
A person charged with domestic violence who is not a United States citizen can face serious penalties.

Deportation is possible even if the case ends in probation or deferred adjudication.
A re-entry into the United States may be denied after arrest, even if the case has not gone to trial.

– Who Would Have Access to My Record?
The records will be available for anyone with access at the courthouse or over the internet. Even a deferred adjudication case will be discoverable to any person. Present or future employers will have access to domestic violence records.

– If I Successfully Complete Deferred Adjudication, Can I Get the Records Sealed?
Deferred adjudication for family violence cannot be expunged or have the records sealed.
It will be a permanent record, even though a formal conviction is not entered.

Tex. Govt. Code § 411.081

– Can I Own or Possess a Firearm?
If the person enters a plea of guilty or no contest or is found guilty at trial they will not be able to possess a firearm for (5) years under Texas law, and not possess a firearm or ammunition at all under federal law. The federal law has no time limitation to it. The loss of the right to possess a firearm applies whether the case ends in a conviction, probation, or deferred adjudication.
Tex. Penal Code § 46.04 (2004); 18 U.S.C. § 922 (g) (9)

– If Placed On Community Supervision, Will I Have to Attend Counseling?

A person on community supervision for domestic violence will be required to attend a year long Battering Intervention Prevention Program counseling course. The average defendant is required to attend once a week for a fifty – two (52) week period. Failure to attend, or missing too many meetings will result in revocation of the community supervision and placement in jail.
Tex. Code Crim. Proc. art. 42.141 (2004)

– Can I Attend Counseling of My Own Choosing?
The defendant does not get to select a counseling program. This program will be set up in
advance and the defendant will be required to attend. 
Tex. Code Crim. Proc. art. 42.141 (2004)

– What Are Typical Probation / Deferred Conditions for Domestic Violence Cases?
The defendant is responsible for all costs of counseling and probation. Typical conditions of Community Supervision include:

– Fine; 
– Court Costs; 
– Victim Impact Panels; 

– Counseling for Victim; 
– Contributions to Women’s Domestic Violence Shelters; 
– Weekly Batterers Intervention Prevention Program Counseling; 
– Anger Management Counseling; 
– Monthly Probation Fees of $50.00 per Month; 
– No Contact With Victim; 

– Random Urinalysis Testing; 
– Monthly Reporting To Probation Officer; 
– Community Service; 
– Other Conditions the Judge Finds to Be Reasonable. 
Tex. Code Crim. Proc. art. 42.14

– A Domestic Violence Conviction Will Result in a Finding of Family Violence.
If the defendant enters a plea or is found guilty, the trial court must make an affirmative finding of family violence and enter the affirmative finding in the judgment.
Tex. Code Crim. Proc. art. 42.013 (2004)

– What Does it Mean to Have a Family Violence Finding?
A plea of either guilty or no contest will result in a family violence finding even if the sentence is deferred.

A finding of family violence can have drastic consequences for a parent facing a child custody or modification case. There may be a presumption that the accused is not a fit parent. 

– The Trial Court Judge Must Notify Family Court Of A Family Violence Finding.
The trial court judge must notify the family court judge if the defendant was found guilty or pled guilty or no contest to a family violence offense. This must be done even if the defendant is placed on deferred adjudication.
Art. 42.23. Tex. Code Crim. Proc. Notification of Court of Family Violence Conviction

– A Final Protective Order Can Be Entered Against a Person Found to Have Committed Family Violence.
A family court judge may enter a final protective order against a person found guilty or pled guilty or no contest to a family violence offense. This can be done even if the defendant is placed on deferred adjudication
Tex. Fam. Code § 85.022 Requirements of Order Applying to Person Who Committed Family Violence

– What Are the Possible Penalties for a Conviction?
In Texas, the accused faces up to a $4,000.00 fine for a conviction, whether by a plea or a finding of guilt at trial. The accused may be incarcerated for up to one year in the county jail upon conviction, whether by a plea or a finding of guilt at trial.

If the accused has a prior conviction for family violence, a second charge will be prosecuted as a third degree felony offense, carrying a range of punishment of not less than two (2) years or more than ten (10) years in the penitentiary and a fine up to $10,000.00.
Tex. Pen. Code. § 12.21; § 12.34


VIII.  SELECTING
THE RIGHT ATTORNEY

1. Do Not Attempt This On Your Own

If informed that surgery is needed to remove a tumor, the patient would not go home and start rummaging through kitchen knives to commence a self-service operation. Obviously this procedure is best left to the skilled hands of a professional physician. The same principle exists when a family desires to have a criminal case dismissed. This is not the time to do it yourself.

The criminal justice system is a great mystery to those who are not familiar with its inner sanctum. There is a right way and wrong way to get things accomplished. The family finding itself facing an accusation does not understand how to approach the system. Common sense and justice, thought to be inherent in the system, does not exist. Rather the criminal justice system is more concerned with power, perpetuation of the appearance of justice, and statistics.

Media and political attention concerning domestic violence may tend to have the naive think the system is concerned with the well being of families. This is incorrect. The system does not care one iota about the families it captures in its web. A family in recovery, healing from domestic conflicts presumes the protectors would be pleased to discover prosecution is no longer desired. This is certainly the public persona exemplified by the protectors. Referring to the Smith County, Texas Family Advocacy Center, Executive Director Carol Langston said: “ I would love for the center not to have to be here 20 or 40 years from now.” (Laura Krantz, Staff Writer, March 20, 2004, Tyler Morning Telegraph).
Baloney.

In fact the exact opposite is true. The protectors want as many cases as possible and are not concerned with what’s best for the family. The system is concerned with what’s best for itself, growth and expansion. Those goals are not met by dropping
cases.

“This is crazy. We had an argument that got out of control. Everything is fine now. My spouse does not want to prosecute. If I talk to them and explain it will go away.” This is the initial feeling of a family who does not want any additional complications, such as a frivolous prosecution in their lives. The family may be experiencing problems and difficulties, but it is not a matter that requires governmental intervention. Husband and Wife desire to work out their issues on their own, their way. All that is needed now is to make an appointment to speak to the prosecutor and have the State to drop the
case.  The State Will Not Drop the Case. 

2. Rules For The Accused

Rule No. 1: There is nothing you can say to these people to make them go away. 

Nothing an accused or alleged victim can say or do will convince the protectors (Family Advocacy Prosecutor, Family Advocacy Center Caseworker, Police Detective) that the abuse did not occur. NOTHING!

Rule No. 2: The case will not be dismissed until the government finds a dismissal is in their best interests, not the best interests of the family. 

The individual effected family means nothing to these people. The family is a mere meal ticket, another in a long line of families the system will victimize. Informing the protectors that the family is fine, has made up, is working out their problems, and does not need prosecution will be met on deaf ears. The system does not care. The protectors need bodies to meet necessary quotas to continue receiving grant money and expand.

It is only when the protectors recognize they will lose the case, possibly in an embarrassing fashion, that a dismissal will be considered. The state must be motivated through its own fear of losing face with a jury before it will consider the needs of the family.

Rule No. 3: Talking to the protectors without an attorney present is the single worst thing a wrongfully accused person can do.

In most cases an experienced attorney will not allow you to talk to the prosecutor or the police or give a statement. The attorney knows whatever you say will be used against you.

The violation of these rules by unaware family members is commonplace. A family desiring to put the incident behind them believes sanity will intervene at some point, and decide to contact the police and prosecution. The alleged victim and suspect will give written and videotaped statements. In addition, they will talk on the phone or offices of detectives and prosecutors without knowing they are being recorded. 

The protectors are not interested in conducting a fair and thorough investigation. The accused and alleged victim who walk into a Family Advocacy Center without an experienced attorney to “tell their side of things” or “clear this all up” is doing exactly what the authorities want. The protectors know what they are doing. At this meeting they will obtain real or implied admissions and circumstances presenting opportunity for battering coming from the accused’s own
mouth.

An attorney can place you in a position so that you are “cooperating” with the investigation without incriminating yourself. The attorney can assist you in making the decision of whether to meet with the authorities. In most situations, the attorney knows the charge decision has already been made and that a meeting will not change the forthcoming prosecution. 

3. Finding the Right Criminal Defense Attorney

Very few attorneys specialize in fighting domestic violence allegations. Many lawyers represent clients with assault charges. These lawyers will handle such cases in addition to a general criminal defense practice. Domestic cases are different from the typical criminal charge and must be handled differently!

Consider the following in hiring the right attorney:

A. Length of Practice and Experience.

A family violence allegation can only be defended successfully by an attorney with significant trial experience and specifically with assault cases. The accused is not in a position to have inexperienced counsel. 

Unfortunately, the police, Family Advocacy Center personnel, and the public will consider you to be guilty. For one charged with family violence, it is important to act immediately. The accused must prove their innocence! An attorney who does not begin an all out defense at the very beginning is wasting valuable time and compromising your future.

There is no “home field advantage” in a domestic violence case. Do not shy away from a good attorney who is located in a different county from where you are being charged. Judges are elected politicians. Judges do not get re-elected if the public views them as soft on family violence. It makes no difference how well a local attorney knows the judge; it will not be of any assistance with this type of charge. An “outsider” who does not care about making the judge or prosecutor happy, but just wants to defend you and win, is much better than a local name.

B. Reject Plea Bargains.

A false allegation of domestic violence must be beaten through either a dismissal or an acquittal (not guilty finding) at trial. There is no victory in a plea bargain with these cases. The innocent persons life will be significantly affected by pleading guilty. At no time in dealing with a false allegation should there ever be an admission of guilt. A plea bargain may seem an easy way out, but it will ruin the life of the falsely accused forever. 

Deferred Adjudication, successfully served will not result in a conviction for the defendant. However, the lack of a formal conviction is meaningless. Whether the accused receives deferred, straight probation, or is released from jail, he will still have a criminal record and a finding of family violence. These records are public and the nature of the charges can be made known to anyone. Family violence findings may result in the loss of employment and the inability to secure future meaningful employment.

Community Supervision for the defendant will require battering intervention program counseling. In this setting, the offender is required to admit that not only the actual charge is true, but also any extraneous charges or allegations made in police or advocacy center reports are true. It matters not that the charge is exaggerated, untrue, or only partially true. It matters not that the extraneous other charges did not occur. Failure to admit that everything alleged is true will result in a revocation of community supervision and incarceration. 

The prosecution will tempt the inexperienced defense attorney with offers of deferred adjudication and “counseling” instead of incarceration. Do not fall for this guise. It can be difficult to complete probation as the rules keep changing. Making community supervision more difficult for family violence offenders is a legislative reality. Politicians enact new laws, which offer the appearance of fighting domestic violence. No lobby group exists for persons charged with domestic abuse and the legislature can make the community supervision process intolerable without
opposition.

A finding of family violence can mean that you will lose your children.

C. Prepare a vigorous pre – charge defense to avoid prosecution.

If an attorney says to wait and see if you are formally charged; walk away immediately; the best time to get a dismissal is before a formal charge.

Many times the best method of winning a false allegation case is to defeat it before it officially starts. Evidence can be collected pre-charge by the defense that does not have to meet the standards of admissible evidence at trial. The defense can produce typically inadmissible evidence such as polygraph examination results, character letters, and other forms of hearsay. The defense can also offer expert witness reports and affidavits explaining the unreliability and tainted evidence procured by the prosecution. Here are some common examples of evidence that can be assessed for a charge dismissal packet:

A. Your Criminal History
B. Honorable Discharge 
C. Education Records
D. Polygraph Results
E. Polygraph Report
F. Psychological and Personality Testing of Client
G. A Factual Summary of the Defense Version of the Case
H. Sworn Statements That the Alleged Victim Has Made False Accusations in the past
I. Legal Research and Case-law to Show Reason to Not Indict 

J. Good Character Letters
K. Availability of Defendant and Others to Testify If Requested.
L. Recantations from Alleged Victims When Available.
M. Expert Witness Testimony and Affidavits Regarding Tainted Evidence Comprising the States’
case. Test Results Showing the Accused Does Not Have the Psychological Characteristics of a Batterer.

If your attorney insists that pursuing a pre-charge defense is a waste of time, fire him.

D. Prepare a vigorous defense for trial.

If the prosecutor accepts the charge, then the case must be prepared for trial. It is rare for the state to dismiss a case once they have formally filed an assault charge. Your attorney must be prepared to try these specialized types of cases. 

Selection of the jury is critical for domestic violence cases. The potential jurors come into the case with heavy emotional attachments regarding allegations of abuse to a spouse. Strong emotions held by jurors about domestic violence must be overcome and their attention placed on being fair and acknowledging that false allegations are made. The jury panel must understand the serious potential for injustice a false allegation can cause. 

In addition, the attorney must educate the jury panel on how false allegations could be made. The panel needs to understand how an alleged victim can make false and exaggerated statements and what motivation exists to do so.

The attorney must be well skilled in cross-examination to show deficiencies in the states investigation through a preconceived assumption of guilt shared amongst the advocacy team. Cross-examination is a skill obtainable only through years of trial practice itself. 

The attorney must also be prepared to offer strong defensive witnesses. Contrary to many criminal cases, the accused must testify in a domestic violence case if the defense wants an acquittal. Until the jury hears it straight from the accused’s mouth that the abuse did not occur, it will convict.


IX. CONCLUSION

True domestic violence is criminal and has resulted in tragic consequences. However, the cure may be as abhorrent as the disease. Governmental overkill has created the Family Violence Industry. The future is here as “Family Advocacy Centers “ are springing up across the nation with hands held out competing for federal funding. A needless bureaucratic machine defining innocent family members as batterers is the inevitable outcome of “zero tolerance” and “no – drop” policies. 

Further, the protectors have assimilated into a system of arrogance and self-righteousness believing it and it alone knows what is best for the family. The protectors protect only themselves and seek not to do justice, but to expand and grow at the expense of those truly victimized, the individual family they claim to assist. A nation of Americans face a well funded and driven system intent upon finding family violence for every minor and insignificant transgression. 

Instead of tackling real and legitimate domestic violence, the industry is content, fat, and happy with prosecution of the minutia. 


BIBLIOGRAPHY 

1. Irving Family Advocacy Center www.irvingpd.com/IFAC.htm

2. “Fact Sheet: The President’s Family Justice Center Initiative”
‘United States Department of Justice’, www.ojp.usdoj.gov

3. “Cult of The Domestic Violence Industry” Dave Brown, ‘The Ottawa Citizen’,
2001

4. “Groups Unite To End Domestic Violence”‘ Dallas Morning News- Collin County Edition’, March 14,
2004

5. “Zero Tolerance Sucks” Editorial, ‘Winnipeg Free Press’, February 10,
2002

6. “Domestic Violence the Other Side of Zero Tolerance” Janice T. Martin, Esq., Naples (Florida) Daily News, November 3,
2002

7. “Domestic Violations,” Reason on Line, April 1998Cathy Young, Vice President, Women’s Freedom
Network

8. “The Booming Domestic Violence Industry” John Maguire, Massachusetts News, August 2, 1999,
www.massnews.com

9. “What Happens When 911 is Dialed Under Current Colorado Law” Charles E. Corry, Ph.D., Equal Justice
Foundation

10. “Mandatory Restraining Order Pursuant to Section 18-1-1001″, C.R.S.
Charles E. Corry, Ph.D. 2002 Equal Justice Foundation

11. “Money and Politics Corrupting Domestic Violence Laws and
Enforcement” Charles E. Corry, Ph.D, 2002 Equal Justice Foundation

12. “Family Violence, A Report from: Family Resources & Research”
Sam & Bunny Sewell, www.landwave.com/family/

13. “Mandatory Arrest And Restraining Orders” From ‘Domestic Violence: Facts and
Fallacies’ Richard L. Davis, A.L.M.

14. “Specialized Criminal Domestic Violence Courts” Julie A. Helling, ‘Violence Against Women Online
Resources’ www.vaw.umn.edu

15. “Advocacy In a Coordinated Community Response” Rose Thelen, Gender Violence Institute, ‘Violence Against Women Online
Resources’ www.vaw.umn.edu

16. “Criminal Prosecution of Domestic Violence” Linda A. McGuire, Esq., ‘Violence Against Women Online
Resources’ www.vaw.umn.edu

17. “Assessing Justice System Response to Violence Against Women: A Tool for Law Enforcement, Prosecution, and the Courts to Use in Developing Effective
Responses” Kristen Littel, M.A., ‘Violence Against Women Online Resources’
www.vaw.umn.edu

18. “Building Bridges Between Domestic Violence Organizations and Child Protective
Services” Linda Spears, ‘Violence Against Women Online Resources’ www.vaw.umn.edu

19. “Legal Interventions In Family Violence: Research Findings and Policy
Implications” Research Report, U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, July
1998

20. “Litigating Domestic Violence Cases: Effective Use of the Rules of
Evidence” American Bar Association Commission on Domestic Violence, Domestic Violence Civil Law Institute,
2000.

21. “Domestic Violence” NAA Text 2000, Chapter 9. U.S. Department of Justice, Office of Justice Programs, National Institute of
Justice

22. “Domestic Violence Protocol for Law Enforcement” Police Chief’s Association of Santa Clara County,
2002

23. “Family Violence Prevention – Best Practice Guide” Santa Clara County Social Services Agency, Department of Family and Children’s
Services

24. “Domestic Violence: A Model Protocol for Police Response” B.J. Hart, Esq., Minnesota Center Against Violence and
Abuse

25. “ A Process Evaluation of the Clark County Domestic Violence Court”
Randall Kleinhesselink, Clayton Mosher, Minnesota Center Against Violence and
Abuse March 2003.

26. “Creating a Domestic Violence Court: Combat in the Trenches” Randall Fizzier; Leonore M.J. Simon, ‘Court Review’, Spring
200

27. “Specialized Courts and Domestic Violence” Kristin Littel, Office on Violence Against Women, U.S. Department of Justice, Office of Justice Programs, May
2003

28. “Domestic Violence Court Opens” Amy Wallace, ‘Seacoast Online’,
2002

29. “Domestic Violence Court” www.utcourts.gov/domviolence/domov.htm

30. “Misandry Is No Solution” John Sample, ‘The Backlash’, August
1996

31. “A Tool Kit To Destroy Families” ‘Washington Times’, Commentary Section, December 9,
2001

32. “Irving Police Extend Hand To Crime’s Victims” Robert Miller, ‘Dallas Morning News’, March 28,
2004

33. “ Chandler (Kentucky Attorney General) Declares Zero Tolerance Policy On Violence Against Women,” Jennifer Schaaf, March 12, 1998,
www.kyattorneygeneral.com/news/releases/006

34. “Garrett County To Crack Down On Domestic Violence” Garrett County State’s Attorney’s Office, Press Release, June 12,
1998

35. “Knocked for Six: The Myth of a Nation of Wife-batterers” Neil Lyndon, Paul Ashton, ‘The Sunday Times of London’, January 29,
1995

36. “Zero Tolerance For Domestic Violence” www.co.contra-costa.ca.us./depart/cao/DomViol

37. “Family Advocacy Center, A Safe Place To Get Help” City of Phoenix, Family Advocacy Center General
Information, www.ci.phoenix.az.us./CITZASST/facbroch

38. “Baseball Player’s Domestic Violence Arrest Demonstrates How Men Are Presumed Guilty In Domestic Disputes,” Glenn Sacks, March 26, 2004,
www.glennsacks.com

39. “Advocacy Center Unites Agencies To Battle Abuse” Laura Jett Krantz, March 20, 2004, Tyler Morning
Telegraph

40. “Domestic Violence Information and Referral Handbook” Santa Clara County Probation
Department www.growing.com/nonviolent/victim/vict_res.htm

41. “Advocacy Center Offers Refuge for Battered” A.E. Araiza, ‘The Arizona Daily Star’, March 14, 2004

The original article can be found here: http://familyrights.us/bin/white_papers-articles/stuckle/fv-industry.htm

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

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

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


CHAPTER 4

RESULTS

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

Family Data

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

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

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

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

Table 1

Summary of the participants’ family constellations:

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

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

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

Dissolution of the Marriage

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

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

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

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

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

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

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

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

Relationship with the PAS children

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

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

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

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

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

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

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

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

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

Alienation and alienating techniques

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Experience with Professionals

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

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

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

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

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

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

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

Current Perceptions

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

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

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

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

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

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

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

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

Miscellaneous

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

Summary of Findings

The results of the study suggest that:

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

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

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

Children Held Hostage : Dealing With Programmed and Brainwashed Children

In child trafficking, children legal status, children's behaviour, Childrens Rights, Civil Rights, deadbeat dads, Divorce, DSM-IV, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, kidnapped children, MMPI, MMPI 2, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Rights Amendment, Parentectomy, Parents rights on May 17, 2009 at 5:44 pm

by Stanley S. Clawar and Brynne Valerie Rivlin

Children Held Hostage is a superb book dealing with parental alienation. It is not a long book, but it is based on a body of research conducted by the authors into the specifics of the alienation.

Much of the focus is on the process of the alienation and the frequency of the processes and the motiviation of the abusing parent. However, there is also some good, specific, material on the impact of this alienation on the children. Part of the books message is that Gardner’s proposals in dealing with Parental Alienation Syndrome, the problem induced in the children, is not strong enough because even low levels of alienation create severe problems for the development of children.

This book will open your eyes to what you children might be experiencing if they are being alienated. It will also be good to make you aware to ensure that you don’t do anything to negatively impact your child either if you are involved in a highly charged divorce or separation.

This is a difficult book to find, and it is not inexpensive. Both Amazon and Chapters do have some in stock (likely do to this website’s orders). I would highly recommend ordering a copy if you are interested in parental alienation and the process.

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

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

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

CHAPTER 2

REVIEW OF THE LITERATURE

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

HIGH CONFLICT SITUATIONS

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

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

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

The assessment consisted of three measures:

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

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

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

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

DIVORCE

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

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

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

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

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

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

CONTRIBUTIONS OF THE LEGAL SYSTEM

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

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

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

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

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

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

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

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

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

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

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

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

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

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

COMBINED FACTORS

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

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

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

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

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

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

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

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

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

SUMMARY

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

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

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

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

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

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

Parental Alienation Syndrome And Alignment Of Children

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

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

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

What Is Parental Alienation?

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

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

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

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

Mild Cases Of Parental Alienation

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

Moderate Cases Of Parental Alienation

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

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

Severe Cases Of Parental Alienation

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

Behavioral Manifestations In Parents And Children

The Alienating Parent

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

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

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

The Alienated Parent

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

Alienated Parents Who Previously Had A Healthy Relationship With Their Child

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

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

Alienated Parents Who Previously Had A Poor Relationship With Their Child

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

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

The Children

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

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

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

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

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

Other Reasons For Alignment With One Parent

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

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

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

Recommendations For These Families

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

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

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

Cautious recommendations are likely to include many of the following:

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

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

Parentectomies: Do They Help?

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

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

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

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

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

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

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

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

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

A Sister’s Love – –

In children legal status, children's behaviour, Childrens Rights, Civil Rights, deadbeat dads, Divorce, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, motherlessness, mothers rights, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parents rights, state crimes on May 15, 2009 at 5:34 pm

27 March, 2009 (04:06) | Reflections | By: chrissy

Yesterday was my brothers birthday. This is a letter of love to my brother, Carlo DiFebbo Jr. I have missed time with you in the later years and I want you to know that I wish you the best. It breaks my heart not to be there with you on your special day. I long to say I love you or even Happy Birthday and chuckle. Today is your day and a day to celebrate your life. I have held on to the day where I can give you a hug. Someday I say all the time but when is that day. I miss you and Anthony and I know it is hard to be in the postion you are in. As the day passed on you where on my mind and what you would be doing on the day of your birth. You are no longer a boy but a man with a family of your own. Today your older sister wishes you a birthday filled with love, peace, and happiness. I wish I could be with you but I have learned I have to love you from a distance. That love for you and Anthony never goes away nor is it reduced because you are not physically present. I’m always here for you and never will I quit thinking one day we will sit around and laugh as siblings do. I love you CJ and I want to say Happy Birthday even if it’s in a blog. I love you and forever will know the bond we shared!

http://parentalalienationhurts.com

Parental Alienation:

…is any behavior by a parent, a child’s mother or father, whether conscious or unconscious, that could create alienation in the relationship between a child and the other parent. Parental alienation can be mild and temporary or extreme and ongoing. Most researchers believe that any alienation of a child against (the child’s) other parent is harmful to the child and to the target parent. Extreme, obsessive, and ongoing parental alienation can cause terrible psychological damage to children extending well into adulthood. Parental Alienation focuses on the alienating parents behavior as opposed to the alienated parent’s and alienated children’s conditions.

Parental Alienation and the Judiciary

In children legal status, children's behaviour, Childrens Rights, Civil Rights, deadbeat dads, Divorce, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, Freedom, judicial corruption, Liberty, MMPI, MMPI 2, motherlessness, mothers rights, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Rights Amendment, Parentectomy, Parents rights, state crimes on May 15, 2009 at 4:01 pm

by Dr L F Lowenstein, MA, Dip Psych, PhD
Medico-Legal Journal (1999) Vol.67 Part 3, 121-123

Increasing numbers of cases are coming before the Courts where one parent feels displaced in relation to the children in the family. The syndrome, parental alienation (PAS),’ as it is now called, is not a new one, but its importance is being highlighted in the United States as well as in the UK. Judges are often uncertain as to how to treat the situation where one parent seeks to make contact with the children following an estrangement, separation, or an unusually unpleasant and vicious divorce.

There is some pressure on the Judiciary to keep the child or children with the person who has major control, usually the mother. Parental alienation however, also affects some mothers denied contact with their children who are resident with the father. On the whole, it is the male member of the partnership who suffers from the alienation situation.

In recent cases in which I have personally been involved, I had the opportunity of talking about PAS and its problems with two judges, on different occasions. The dilemma is how to deal with the case where the resident partner i.e. the alienating partner, fails to co-operate with the courts in providing adequate access for the other partner. I will recreate the general conversation, on an informal basis and hence no names can be mentioned. Interestingly, similar conversations were repeated with both judges, one male and one female, demonstrating how similar problems are often faced by the Judiciary in parental alienation cases.

Psych.: Your Honour, this is a case typical of parental alienation and I feel it is only right that the alienated parent should have contact with the child in question.

Judge: But the mother says that the child does not want any contact with the boy.

Psych.: This is because there has been a considerable amount of programming, I have discovered through my assessment, to make the child respond in this manner.

Judge: This may well be so but how do I deal with this situation when mother stubbornly refuses to allow contact of the child with the father?

Psych.: It is a difficult situation, your Honour, but the question remains: should justice be done or should it be ignored?

Judge: it is not as easy as that. I have spent time with mothers, even sitting in a cell, to try to get them to see reason to allow their former husbands to have access to a child. Sometimes this has worked while at other times, there has been a refusal. This puts me he a very awkward position since I must consider carefully, first and foremost, the children concerned and they are, after all, in the care of their mother who, if they are deprived of her, due to her being sentenced for failing to follow instructions, will lose a mother vital to their welfare.

Psych.: Again it comes down, your Honour, to considering the question of failure to comply with the Court ruling. If an ordinary criminal fails to obey instructions of the Court, some punitive action is taken. Should not some punitive action also follow when a mother, or father for that matter, refuses to accede to the ruling of the judge and the Court?

Judge: Well, I will see what I can do on this particular matter and the case before me but I still feel that it is a difficult one to settle, when one of the partners is totally opposed to contact with the child and the child in question has decided openly and before me, to refuse to have any contact with the other parent. Are you suggesting that I fine the mother in question or place her in a prison for failing to adhere to my instructions and that of the Court?

Psych.: I personally see no other alternative. It may well be that if such a threat is made, the alienating parent may, in due course, accept what has been recommended by the Court and there will be no need to take the action which you and I both feel is undesirable and may even be counter-productive.

Both judges agreed the case before them was typical of parental alienation and the difficulties they faced are only too obvious. Their first concern, and also that of myself, was the children. If the children have been “brain-washed” and “programmed” in a particular direction, this made the judge’s decision all the more difficult.

It is my view that no exception can be made for failing to adhere to the ruling of a court and that justice must be done however painful this may be. It may well be that the alienated parent should eventually gain access following a period of therapy between the psychologist and the child or children in question, to make them aware of what is happening. If older they themselves may well be able to put pressure on the alienating parent to see sense.

From the conversation, it can be seen that many judges are undoubtedly unsure how best to deal with alienating parents – this usually being the mother. Judges are often saved by the fact that fathers cease to pursue their role of wishing to play a part in their childrens’ lives. This is due to the resistance they meet from the former spouse, who has often formed a new relationship and wishes the new partner to take over the role of father. I have even known cases where the mother insisted the child call the new husband “dad” and the natural father by his first name.

Fathers who pursue both their right and their sense of responsibility through the courts are relatively few. Many opt out due to the resistance they meet from their ex-partners, the programmed child and the reluctance of judges to give them justice. This is undoubtedly due to the following:

1. Judges are reluctant to punish and most especially incarcerate obdurate mothers who refuse to comply with a judge’s decision that they must allow access with an estranged father.
2. Judges often are reluctant to ignore the view expressed by children that they do not wish to meet their fathers, despite the fact that such children have been “intensively programmed” to respond in this way by mothers and the mother’s relations.
3. Judges are reluctant to advise that therapy should take place, despite the fact that when such alienation occurs, children are damaged. Such therapy is often recommended by expert witnesses such as a psychologist or a psychiatrist. Such recommended periods of therapy for the child and mother are viewed by judges (with the aid of the mother’s Counsel!) as likely to damage further the children who are involved in this conflict and hostility between the parents.

Despite such reservations, judges have a moral duty to provide justice for the alienated party, this usually being the father. The threat of punishment for the alienator must be supported by punishment, including removing the child from mother’s care to a neutral place or to the alienated parent, and to use incarceration when necessary. Failure to carry out this distasteful, but necessary, action against the obdurate party would constitute a mockery of the judicial system. It is my experience as an expert witness to the Courts as a forensic, clinical psychologist, that most alienating parents, whether mothers or fathers, will obey a court order if punishment is threatened for failure to adhere to the ruling. Hence the carrying out of the various possible measures is rarely necessary.

In connection with PAS many judges have, without always being aware, adopted a double standard. They see mothers who are alienators as “victims” to be protected even when they have committed what can only be described as a form of “emotional abuse”. They have abused their powerful position by influencing the young children and turning them against the other parent. They have usurped the role of the other parent or given it to yet another partner with whom they have become associated. In this way, they have, by destroying the right of the other parent taken away that parent’s opportunity to contribute to the child’s welfare. This is at a time when we are seeking to promote the equality of the sexes. Partners should have equal power and responsibility toward their children.

PAS, when it has been proven, is a vicious form of gender opportunism or gender apartheid, which those seeking through justice can no longer ignore. Judges must stop worrying about public outcries if they remove a child from the care of a vicious programming parent who is showing their hostility toward the former partner.

I therefore suggest that the alienated parents, be they fathers or mothers, be protected. In so doing we are also protecting the children of such a relationship from a gross and calculated mis-use of power or position, that of the resident care giver.

Judges in cases of proven PAS should act as decisively as they would if judging a case of proven crime such as rape or murder. They must remove the child from the emotional damage being heaped upon it, to a safe place, where the non-alienating parent, with the help of therapy for the child, can have his influences felt by the child. At the same time, it is necessary to help the parent who has alienated the child in the first place. He or she has undoubtedly suffered from a considerable amount of pathological hostility towards the former partner.

By removing the child, or children, from the influence of the “brain-washing” alienator, the child has the opportunity of experiencing the dedication of the previously alienated parent and to develop a less biased view of that parent. Also the child can develop a positive view of both parents despite them being at war with each other.

This will do much to ensure for that child that both parents, although hostile towards one another, care and are devoted to him/her. This provides the child with a reasonable start in life, which he or she would not have had, had the influence of the alienator been allowed to continue along with a failure to have any contact with the alienated parent at the same time.

Dr L F Lowenstein
Allington Manor, Allington Lane
Fair Oak, Eastleigh
Hampshire, SO50 7DE
(01703) 692621

References

1. Parent Alienation Syndrome: What the legal profession should know, MLJ Vol 66 ( 1998) pt 4, 151.

The orginal article can be found here:http://www.fact.on.ca/Info/info_pas.htm

Parental Alienation is Real – Mentally Ill Parents Abuse Children

In child trafficking, children legal status, children's behaviour, Childrens Rights, Civil Rights, CPS, cps fraud, Divorce, Family Rights, fatherlessness, fathers rights, judicial corruption, Liberty, mothers rights, parental alienation, Parental Alienation Syndrome, Parental Rights Amendment, Parentectomy, Parents rights on May 8, 2009 at 1:00 am

Why do some parents falsely accuse the other parent of hurting their own children? And why is this abuse systemic in Family Court and Juvenile proceedings? As a fit parent, I know to call the police to investigate crimes against my child, but why do some parents only report these crimes to psychologists or Child Protective Services (CPS)?

Many reasons exists for a mom/dad to accuse the other parent of child abuse during divorce. Anger, hate, and rage over the divorce. And the most effective way to destroy a child’s relationship with the other parent is to accuse the parent of a crime against the child or a crime against the parent.

In some municipalities, this initiates a long CPS investigation, in which the accused parent is stripped of his/her procedure due process rights, and the child is taken away, sometime for months or even years.

One of the more common causes of false allegations lie in a 301.83 Borderline Personality Disorder (PD), or any other kind of personality disorder in which therapy never corrects or alleviates. In many of these cases, the false accuser desperately attempts to alienate the child further, in what has been described as the Parental Alienation Syndrome, first proposed by Dr. Richard Gardner. Other forms of mental illness that alienators suffer from include those found in the DSM-Iv manual, 297.3 Shared Psychotic Disorder, 261.20 Parent-Child Relational Problem, 297.71 Delusional Disorder, 301.0 Paranoid Personality Disorder, and 301.81 Narcissistic Personality Disorder, just to name a few.

Parental Alienation is “is a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrinations and the child’s own contributions to the vilification of the target parent.” to quote Dr. Gardner.

In the vast majority of cases, the allegations are unfounded, and as a result, criminal charges are never brought against the alleged perpetrator. But even more disturbing is the lack of criminal charges against the parent who makes the false allegation.

Many times, these false accusers are placed on supervised visitation and they rage against the world since in their mind (only) what they believe is true. They ally themselves with family and friends and other groups of similarly disturbed mentalities, to attack the world.

Ofttimes, the attacker focuses against the psychiatric evaluator, or Child Protective Services, for not taking their side and protecting the child. A close examination of the psychiatric testing reveals some disturbing personality disorders about the false accuser that makes him (or more likely her) , a real danger to the child.

What can be done to protect parents and children? A parental rights amendment, of course. This would give both parents and the children the right to a jury trial. In cases of allegations of abuse, the children would be treated like “real” witnesses and protected by law enforcement from further contamination by the accuser. The accused would have the right to bring in expert forensic witness to validate the claims of child or disprove them, and the extent of indoctrination or brainwashing by the other parent.

Add to Technorati Favorites

Parental Alienation Syndrome: Examining the Validity Amid Controversy

In children legal status, Childrens Rights, Civil Rights, deadbeat dads, Divorce, DSM-IV, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, MMPI, MMPI 2, mothers rights, parental alienation, Parental Alienation Syndrome, Parents rights on May 1, 2009 at 6:00 am

by J. Michael Bone, Ph.D.
The Family Law Section, Vol. XX, No. 1, Fall/Winter 2003, p 24-27

Use of the diagnosis of Parental Alienation Syndrome (PAS) in family law cases has generated substantial debate. When one parent alleges the other is alienating a child or committing a similar wrongdoing, it is incumbent upon the attorneys within the adversarial process to explore and challenge the factual basis of both positions. In cases involving PAS, not only is the diagnosis of PAS questioned in predictable ways in the courtroom, the critique often extends on a more personal level to the syndrome’s originator, Richard Gardner, M.D.(1) Much of the literature often considered by courts as authoritative in challenging Gardner or PAS is based on opinion rather than fact.

Recently published articles contain criticisms and even misconceptions of PAS, and in some cases are critical of Gardner himself. To sort through the misconceptions, they have been extracted from various sources and cataloged below. Following each “myth” is a counter argument that places each criticism in context.

Myth #1: PAS is not in the DSMIV and therefore does not exist.

The DSM-IV is the diagnostic manual for all mental health providers. It is re-written every 10 to 12 years, and is the collaborative result of committees of mental health professionals reviewing the most recent scientific literature on all psychiatric disorders. The committees make recommendations on modifications of symptom lists for the diagnosis of a disorder, consider the inclusion of newly identified disorders, and in some cases remove disorders from classification.

The argument is that since PAS is not in the DSM-Iv, it does not exist. The DSM-IV, was published in 1994, with its committees first meeting from 1991 to 1993.(2) The first publication on PAS appeared in 1987.(3) At By J. Michael Bone, Ph.D., Winter Park that time there were understandably too few published articles and research studies on PAS to warrant its inclusion into the DSM-Iv. It is also important to note that inclusion into the DSM is necessarily a very conservative and stringent process, requiring many years of study and publication in peer-reviewed journals. Research on PAS was still in its infancy at the time of the DSM-IV, and was never even submitted for consideration. Currently, there are in excess of 135 peer-reviewed published articles on PAS from over 150 authors, as well as numerous books either devoted to PAS or including it.

The committees for the DSM-V have only recently begun meeting, and a PAS file has been opened. It is likely that PAS will be included in the DSM-v. However, even if it is not included, this does not necessarily mean it is invalid. Gille de la Tourette first described the syndrome that bears his name in 1885, but it was not until 1980 that the disorder was included in the DSM. Similarly, the AIDS virus was not in diagnostic manuals when it was first discovered, but its omission did not invalidate its existence. Post-Traumatic Stress Disorder (PTSD) was hotly debated when first described around the end of the war in Viet Nam, and at first was not considered a “real disorder.” Currently, PTSD is accepted by all in the profession, and no longer subject to such debate. Other examples abound.

Inclusion in the DSM is ideal but not necessary for a disorder to be considered a reality. Inclusion into the DSM is a process that should and does take time. All newly described disorders begin by not being included; this is simply how the growth of scientific knowledge occurs. To argue, as in the case of litigation, that non-inclusion in the DSM-IV de facto invalidates PAS is a misstatement and a distortion of this scientific process.

Myth #2: Only mothers are guilty of being PAS indoctrinators

When the first publications on PAS began to appear in the late 1980’s, it was true that most indoctrinating parents were mothers. It is noteworthy that it was just in the prior decade that the “best interest of the child presumption” replaced the “tender years doctrine,” making it more possible for mothers to lose custody of their children in divorce. Under the “tender years” doctrine, a mother’s losing custody was highly unlikely except in the case of serious abuse. Under the “best interest” presumption, mothers faced a new vulnerability. In response to this, it is likely that one parent indoctrinating the child against the other parent in the context of divorce proved to be a powerful strategy in winning custody. As more time has passed under the guidance of the “best interest” presumption, we are beginning to see more alienating fathers.(4) When these facts are ignored, the argument can be made that PAS is somehow biased against women. This issue has been addressed directly in Gardner’s writings; (5) however, critics of PAS continue to maintain that gender bias was and continues to be the case. This criticism misstates the argument and appears to “cherry pick” the literature to advocate a certain position. While it may be considered appropriate for advocates to emphasize certain points and de-emphasize other points in their zeal to protect their client’s interests, this advocacy position is highly improper for mental health professionals, who are ethically bound to the pursuit of impartial truth.

Myth #3: PAS is not a syndrome
A syndrome is simply a cluster of symptoms with a common etiology. The eight symptoms of PAS are the specific symptoms found in a child who has been successfully alienated. The more symptoms one sees of the eight, as well as the intensity of them, determines the level of severity of the PAS disorder.

The eight symptoms are: (1) A campaign of denigration; (2) weak, frivolous, and absurd rationalizations for the deprecation; (3) lack of ambivalence in the child; (4) the “independent thinker” phenomenon; (5) reflexive support of the alienating parent in the parental conflict; (6) absence of guilt over cruelty to and! or exploitation of the alienated parent; (7) presence of borrowed scenarios; (8) spread of animosity to the extended family of the alienated parent.

In mild PAS, the eight symptoms are mostly present with the exception of two symptoms, which are: lack of ambivalence and absence of guilt over cruelty to the alienated parent.

As one moves from mild to moderate PAS, the remaining six symptoms increase in their severity, and the two symptoms noted above begin to appear. In severe PAS, all the symptoms have progressed to the severe level including the two noted above. In other words, with severe PAS, the child loses his or her ability to empathize and to feel guilt in a patterned and predictable way. This level of symptom organization is the very hallmark of the existence of a syndrome.

Myth #4: PAS is not accepted within the professional community
It is often argued that PAS is not accepted in the professional community. One will occasionally see this in an article.(6) This argument is not supported by data, however; as noted above, there are currently over 135 articles published in professional journals that accept PAS. These articles either present argument why it does exist, or they assume the acceptance of PAS as a premise and have moved beyond that to explore nuances of the syndrome. To be accurate, PAS has passed the acceptance phase and has moved into the exploration phase. This criticism is therefore out of date and inaccurate.

Additionally, PAS has been argued and accepted in over 70 court cases in the United States. Internationally, PAS has been accepted in Great Britain, Germany, Canada, Israel, and other countries (see list from website). (7) In this country, PAS has been tested by the Fryer standard twice and affirmed in both cases. The first was in Florida in 1999.(8) The second was in Illinois in 2002.(9) In the face of this information, it is indeed difficult to argue that it is not accepted in the professional community. In fact, it is accepted not only by the professional community in this country, but also by the professional community in the countries listed above, as well as their court systems.

Myth #5: There is an absence of empirical research to support PAS

The multiple articles and publications devoted to PAS contain such empirical research, otherwise they would never haven accepted for publication. To argue that the existing PAS literature is not based on empirical research is tantamount to saying that the content of all of this published material is simply “made up.”

Myth #6: PAS is not accepted by the courts
Much of the response to this criticism has already been mentioned. Of special interest are the legal citations from Florida courts, which are listed in the footnotes.(10)

Myth #7: PAS protects genuinely abusive parents
This is also a misinformed position and one most often taken by those least familiar with the literature on PAS. It is clearly and repeatedly stressed in the PAS literature that a PAS diagnosis is not warranted when real abuse is present.(11) Therefore, truly abusive parents cannot take refuge behind a diagnosis of PAS.

It is true that some abusive parents may try to allege victimization by the other parent, whom they also allege to be negatively indoctrinating the child. This is a misapplication of PAS. The PAS evaluator must first and foremost determine the veracity of such abuse allegations. In fact, it is primarily within the PAS literature that strategies have been developed to detect truly abusive parents from falsely accused ones.

The PAS evaluator must take painstaking care in his or her evaluation of the alleged abusive parent, and not simply rely on clinical data from the alleged victim. Prior to the scientific contributions of PAS research, abuse evaluations focused primarily on an evaluation of the alleged victim, with only incidental evaluation of the alleged abuser. It is due almost exclusively to the contribution of PAS-related literature that methods of detecting the alleged perpetrator were developed. This is significant, since virtually all of the professional associations directed that such evaluations should not rely only or even primarily on an evaluation of the victim, but must rely heavily on other sources. It is the PAS literature that has provided strategies to do this.

Myth #8: PAS is the only source of alienation of children
It is well documented and understood throughout the literature that children can be alienated from a parent by that parent’s own poor behavior. For example, we know that physically and sexually abusive parents can alienate their children. It is also true, though, that it requires severe and fairly consistent abuse to alienate a child from a parent. Anyone who has worked with abused children quickly sees how abused children are still very much affectively tied to their abusive parents. This is one of the most difficult problems in treating such families. It is clear, however, that there comes a point when a parent’s abuse can cause a child to want to escape or have no contact with that parent.

What is notable about PAS children is their level of repulsion from their targeted parent is grossly inconsistent with the alleged parental behavior that turned the child away. For example, a PAS child will express never wanting to see a parent again because of “their cooking”, or because they “talk like a bumpkin”, or because they “take them to Disney World too much.” This inconsistency is a hallmark diagnostic centerpiece of PAS, but it is through what we know about the effects of real abuse and what it truly takes to alienate a child from a parent that we derive our knowledge of PAS. The knowledge of real abuse is our measuring stick; it is from truly abused children that we learn how much abuse children will often take without becoming alienated from that parent.

Myth #9: All of Gardner’s works are self-published and he is a fraud
Richard Gardner, M.D. was a professor of medicine at Columbia University’s College of Medicine. His curriculum vitae are easily available. He has published multiple books and peer-reviewed publications beyond those published by his own company. Additionally, the American Psychological Association’s (APA) official “Guideline for Custody Evaluations” lists three of Gardner’s works in its elite list of references for psychologists who do custody evaluations, including Parental Alienation Syndrome: A Guide for Mental Health Professionals. This reading list, which is officially endorsed by the APA, has over thirty references, and Gardner is the only author listed three times. If Gardner’s work and reputation were not completely accepted, these listings would not be contained in the APA reference list.

While it is true that Gardner developed his own publishing company, it is not true that he is not otherwise published. While most would agree that Richard Gardner was the most prolific and tireless authority on PAS in the world, he is not the only source on it. Over 70 writers in addition to Gardner authored the list of publications noted above, and Gardner’s company has published none of them. The implication of this criticism is that there is something improper, perhaps even fraudulent, about Gardner having his own publishing company, and that this somehow invalidates PAS. As an aside, it is also interesting to note that Sigmund Freud began his own publishing house in the nineteenth century.

Myth #10: PAS is based on the Sex Abuse Legitimacy Scale
This criticism appeared in the family law publication, The Florida Family Law Commentator, which should be taken as evidence of this criticism’s widespread acceptance. In this article, its author argued that Richard Gardner had published a test called the Sexual Abuse Legitimacy Scale (SALS), which was designed to help identify genuine sexual abusers from the falsely accused. In 1987, Gardner withdrew the SALS from publication. He did so for two reasons. First, he found that its users were scoring it too subjectively, and that the detailed data gathering that was required was sometimes not adequately done. Second, it was a requirement for its use that both the parents and the children be seen by the evaluator, which was sometimes also not being done. Due to these two reasons, Gardner decided to withdraw it himself rather than risk its being misused.(12) The content of the Scales was never invalidated. Gardner’s critics, however, argue that PAS is based on the SALS, which they wrongly label as being invalidated. Additionally, the first article on PAS was published in 1985, two years before the SALS was published and then subsequently withdrawn, which further overturns this criticism.(13) Obviously, PAS could not have been based on something that did not yet exist.

Conclusion
One intriguing aspect of the continued criticisms of PAS in the face of overwhelming information is their indelibility. All of these criticisms can be shown to be groundless and false, but they tend to somehow be resurrected in the next hearing or the next pleading. It is difficult to explain the tenacity of these falsehoods. A recent publication of the’ American Bar Association featured a review of Divorce Poison, an book by psychologist Richard Warshak, Ph.D. The reviewer criticized Warshak for relying on the work of Richard Gardner regarding Parental Alienation Syndrome, stating, “…the PAS doctrine has widely been discounted.”(14) As discussed above, this is simply not accurate; it does, however, expose the peculiar nature of dealing with and litigating PAS. There is tremendous misinformation about PAS and its critics seem driven to maintain these inaccuracies in spite of overwhelming evidence to the contrary.

It is perhaps reminiscent of the father who has been falsely accused of sexually abusing his child in the context of a custody dispute. In spite of the fact that this man has been proven to be innocent, his relationship with his children has been indelibly contaminated by the allegation. The psychodynamics of this phenomenon are difficult to ascertain. As for Richard Gardner, it has occurred to me that he may well be the ultimate targeted parent, falsely vilified in the courts and accused of being a danger to those children whom his work has protected.

Endnotes:

1. It is perhaps ironic that this manuscript was begun just months before Richard Gardner’s death in May of this year. Dr. Gardner was responsible for first describing Parental Alienation Syndrome. Since its description almost twenty years ago, he has been responsible for creating an awareness and acceptance of this terrible disorder in children. Since PAS occurs in the divorce context, he suffered many unfair and manufactured criticisms, and in many respects became himself the quintessential and symbolic “target parent” for those indoctrinating parents that his discoveries and work confronted. In spite of this, he maintained a tireless focus on his work, and even a sense of humor. He continued to make contributions to the field until the day of his death, and his tenacity was a lesson to anyone who knew him. His passing is a great loss to us all, and his friendship is missed deeply by those of us who were fortunate enough to know and to work with him. That said, his death might also serve as impetus to us all to continue on in developing remedies for PAS children and families. We are seeing now that PAS can be treated. We are seeing that with the proper interventions, even severely alienated children can be united with both of their parents. These interventions, however, require the conviction and courage that Dr. Gardner casually exemplified every day in his work.
2. Diagnostic and Statistical Manual of Mental Disorders. DSM-IY, American Psychiatric Association (1994).
3. Gardner, RA., The Parental Alienation Syndrome and the Differentiation Between False and Genuine Sex Abuse. Creeskill, N.J., Creative Therapeutics, Inc. (1987)
4. Gardner has recently observed that the current ratio of mothers vs. fathers as alienators are about 50/50. Personal communication.
5. Gardner, RA., The Parental Alienation Syndrome: A Guide for Mental Health Professionals. Creeskill, N.J.: Creative Therapeutics, Inc. See Chapter Five, Subsection entitled, “The Underlying Psychodynamics of the Alienating Father” pp. 188-194 (1992).
6. Ackerman, M., “Does Parental Alienation Syndrome Really Exist?”, 2000 Wiley Family Law Update, 145-165 (2000). In this work, Ackerman relies heavily on an article published by Kathleen Faller in which she grossly distorts issues related to PAS. Gardner’s rebuttal to it was published before Ackerman wrote this chapter, but was purposefully ignored by him. See Gardner, R “Rebuttal to Kathleen Faller’s Article,”Child Maltreatment, 3(4): 309-312 (1998).
7. Multiple of legal cases on international scene
8. Kilgore v. Boyd, 783 So.2nd 257 (Fla. 3d DCA 2000).
9. Bates v. Bates, 18th Judicial Circuit, Dupage County, IL. Case No. 99D958, January 17, 2002.
10. The legal citations in Florida are as follows: . Blosser v. Blosser, 707 So. 2d 718 (Fla. 2d DCA 1998). . Schutz v. Schutz, 522 So. 2d 874 (Fla. 3d DCA 1988). . Tucker v. Greenberg, 674 So. 2d 807 (Fla. 5th DCA 1996). . Berg-Perlow v. Perlow, 816 So.2d 210. . Loten v. Ryan, 15th Circuit Ct, Palm Bch County, Case No. CD 93-6567 FA, 12/11/00 . Kilgore v. Boyd, (Fla 2d DCA 2002) 733 So 2d 546 This case was the first FRYE test for PAS . Boyd v. Kilgore, 773 So. 2nd 546 (Fla. 3d DCA 2000), prohibition den. . McDonald v. McDonald, 9th Circuit, Orange County, FL. Case No. D-R90-11079, 2/ 20/01 . Blackshear v. Blackshear, Hillsborough County, FL, 13th Circuit. 95-08436
11. Gardner, R, “Differentiating between the Parental Alienation Syndrome and bona fide Abuse/Neglect,” The American Journal of Family Therapy, 27(2), p. 97-107 (1999).
12. Personal communication.
13. Gardner, R A., “Gardner’s Rebuttal to Carol S. Bruch’s Article “Parental Alienation Syndrome and Parental Alienation: Getting It Wrong in Child custody Cases,” Family Law Quarterly, 35(3): 527-552 (2001).
14. American Psychological Association: Guidelines for Child Custody Evaluations in Divorce Proceedings, American Psychologist, 49(7): p. 677-680 (1994).

J. Michael Bone, Ph.D., is a psychotherapist with a solo practice in Winter Park, Florida. He specializes in high conflict divorce, with a special interest in Parental Alienation Syndrome (PAS). Dr. Bone has conducted .continuing education seminars for psychologists on PAS in multiple states, and worked directly with the late Richard Gardner, M.D. on many occasions. He has authored multiple publications on PAS, and served on the Scientific and Professional Advisory Board of the Parental Alienation Research Foundation in Washington D.c. Dr. Bone has also served as expert witness on PAS in Florida as well as in other states, and has been appointed by the court to make recommendations involving PAS and families.

The original article can be found here: http://www.jmichaelbone.com/jmb_site_files/jmb_site_files/jmb_site_files/page23.html

When Children Get Caught in the Middle

In children legal status, Childrens Rights, Divorce, DSM-IV, family court, Family Court Reform, Family Rights, fatherlessness, fathers rights, MMPI, MMPI 2, mothers rights, parental alienation, Parental Alienation Syndrome, Parents rights on April 30, 2009 at 6:00 am

Parental Alienation Syndrome

When Children Get Caught in the Middle

By Kelly Burgess

Most people have probably witnessed parental alienation. This is where one parent denigrates another in front of the children. In its most severe form it can lead to Parental Alienation Syndrome, or PAS, where the child completely rejects contact with one parent.

PAS was first described in 1985 by the late Richard Gardner. J. Michael Bone, who worked extensively with Gardner, notes that PAS occurs almost exclusively in the context of divorce. “Most of the research done on this suggests various motivations, but in general it involves anger and a desire for revenge because of abandonment,” Bone says. “However, sometimes it’s also engaged in by the person who initiates the divorce because of emotional instability or a desire for control.”

In addition, although in the past it was thought that the mother was primarily the alienating parent, Bone notes that it’s now thought to occur equally between the mother and father. Parental alienation can manifest itself through constant negative and untrue comments by one parent against the other, through false allegations of abuse and, in its most extreme form, literally through abducting and convincing the child that his mother or father no longer loves him or is no longer living.

“It’s easy to think that one parent could never have the power to turn a child against a parent they’ve always loved and been close to, but one of the things we’ve discovered is that it’s not that hard to do,” Bone says. “Divorce is very tough on kids and it represents a loss for the child. It’s not that great of a leap for the child to start worrying that if he doesn’t ‘side’ with the one parent against the other he may lose both parents.”

What makes it worse is that the alienated parent often reacts by getting angry at the child, thus reinforcing what the child is being told: that this parent is a bad person, or doesn’t love them or is angry at them. In fact, the child is not responsible for the alienation; they are merely a pawn.

Fighting Alienation

Jeff Opperman of Seymour, Conn., has been divorced for six years and has not seen his youngest son for the last five. “At first there was contact but it was very negative,” Opperman says. “I forced him to spend time with me even though he obviously didn’t want to. Finally, I just gave up and there’s been no contact at all since then. I send e-mails and gifts just in case there might be a breakthrough, but they just go into a black hole.”

In Opperman’s case, the alienation started before he and his ex-wife separated, when they first began having problems in the marriage. Bone says this is not uncommon. However, even in retrospect, Opperman is pessimistic about whether or not he could have fought successfully against his ex-wife’s influence over their son.
While PAS was finally accepted by a court of law in a case in 2000, in general it boils down to situations that are “he said, she said” and is extremely difficult to prove. “It’s very easy to split up property and money in a bank, but what do you do whe you have a child who says he doesn’t want to have anything to do with one parent, and one parent thinks the child should be able to make that decision while the other parent is protesting it,” Opperman says. “The courts simply aren’t prepared or equipped to deal with this.”

Complicating the situation are those rare instances where one parent truly is a bad person and does want to hurt the child and the parent accused of being alienating is just trying to protect the child.

Recognizing PAS

So what’s a parent to do? Opperman says you can watch for signs that your spouse has the potential to alienate. Look for things like the spouse having little secrets with the child or telling the child things about the parental relationship that are inappropriate. It may be worth holding off on divorce or separation and getting counseling to work out child relationship issues before going ahead with ending the marriage.

Bone says a parent who thinks he or she is being alienated should find out as much as possible about parental alienation and PAS so that they react appropriately and don’t make matters worse with the child. He is also more optimistic that action can be taken through the courts than Opperman is, but it’s important not to blame the child for actions over which he or she has no control.

Opperman, like all alienated parents, can’t do much but hope for the day when his son realizes that his father loved him all along and chooses to resume their relationship.

A Happy Ending

One happy ending came for Lisa Bingham of Highland, Calif., whose parents divorced when she was 3. In the course of a nasty custody battle her mother constantly told her terrible things about her father until Bingham came to hate him and refused to see him.

Then, when she was 21 years old, she contacted her father and they had a heart-to-heart talk. That’s when she realized that her father had been unfairly pushed out of her life. They’re still playing catch up for the years they missed, but Bingham thinks it’s important that other young adults hear her story and give their estranged parent a chance to tell their side of the story.

The original article can be found here: http://www.childrentoday.com/articles/dealing-with-divorce/parental-alienation-syndrome-4014/