Showing posts with label domestic violence by proxy. Show all posts
Showing posts with label domestic violence by proxy. Show all posts

Tuesday, August 9, 2011

Excerpt From Phyllis Chesler's Book -- 'Mothers On Trial'


Published August 05, 2011
 
Editor’s note: Fox News Opinion presents the introduction and an excerpt from the completely revised second edition of Phyllis Chesler's book "Mothers on Trial": 

This is a book that cried out to be written. I first heard that cry in the mid-1970s and, after years of research, published the first edition of “Mothers on Trial: The Battle for Children and Custody” in 1986. At the time, the book created a firestorm and was widely, if controversially, received.

In the last twenty-five years, there have been some improvements, but matters have decidedly worsened. The book you are holding has been revised and updated and brought into the twenty-first century.

Myths about custody still abound. Most people still believe that the courts favor mothers over fathers—who are discriminated against because they are men—and that this is how it’s always been.

This is not true.

For more than five thousand years, men—fathers—were legally *entitled* to sole custody of their children. Women—mothers—were *obliged* to bear, rear, and economically support their children. No mother was ever legally entitled to custody of her own child....

(go to the website for complete article)

The contemporary fathers’ rights (or fathers’ supremacist) movement, which has been wildly successful in instituting joint custody and false concepts such as “parental alienation syndrome,” is also a throwback to the darkest days of patriarchy. It is not the modern, feminist, progressive movement it claims to be. Individual men may indeed be good fathers, and, like good mothers, they too may encounter discrimination and injustice in the court system. What I am talking about here is an organized political, educational, and legal movement against motherhood that has turned the clock back.

This book is about what it means to be a “good enough” mother and about the trials such mothers endure when they are custodially challenged. This book is not about happy marriages or happy divorces—it is about marriages and divorces that erupt into wild and bitter custody battles.

(go to the website for complete article)

Many judges also assume that the father who fights for custody is rare and therefore should be rewarded for loving his children, or they assume that something is wrong with the mother. What may be wrong with the mother is that she and her children are being systemically impoverished, psychologically and legally harassed, and physically battered by the very father who is fighting for custody.

Today more and more mothers, as well as the leadership of the shelter movement for battered women, have realized that battered women risk losing custody if they seek child support or attempt to limit visitation. Incredibly, mothers also risk losing custody if they accuse fathers or physically or sexually abusing them or their children—even or especially if these allegations are supported by experts.

(go to the website for complete article)

Given so many double standards for fit mothering and fathering and so many anti-mother biases, I wanted to know: Could a “good enough” mother lose custody of a child to a relatively uninvolved or abusive father? How often could this happen?

I first interviewed sixty mothers who had been their children’s primary caregivers, were demographically similar to the majority of divorced white mothers in America, and had been custodially challenged in each geographical region of the United States and Canada.

On the basis of these interviews I was able to study how often “good enough” mothers can lose custody when their ex-husbands challenge them. I was able to study why “good enough” mothers lose custody battles and how having to battle for custody affects them.

On the basis of these interviews and on the basis of additional interviews with fifty-five custodially embattled fathers, I was able to study the kinds of husbands and fathers who battled for custody, their motives for battling, and how and why they won or lost.

I was also able to study the extent to which the custodially triumphant father encouraged or allowed the losing mother access to her children afterward.

To repeat: Seventy percent of my “good enough” mothers lost custody of their children.

(go to the website for complete article)

Revisions clarify law on false claims of child abuse

"They wanted to call attention to it," Ellison said, adding he remains concerned about the potential fallout for mothers trying to protect their children from an abusive father.
"Basically this is a bill designed to protect husbands in divorce cases," Ellison said. "This is a bill written by men for men." 
 
Local experts played a key role in rewriting a bill introduced by State Rep. Sal Esquivel, R-Medford, which originally was viewed with alarm by those who work to protect children.

The bill, recently signed into law and designed to discourage punitive or vindictive reporting of child abuse, underwent significant changes as it made its way to the governor's desk. The changes were necessary to protect children and to assure the public that reporting suspected abuse is not only the right thing to do, it is safe for them to do so, experts say.

"This bill started out as a major disaster and a blow to child victims. But it has been reduced and narrowed to a much less harmful form," said Ashland resident Randy Ellison, an adult survivor of child sexual abuse and board president of Oregon Advocates and Survivors in Service.

House Bill 2183, which was signed into law by Gov. John Kitzhaber in July, makes it a violation — punishable by a $720 maximum fine — to knowingly make false allegations of child abuse to police or the Department of Human Services. The state must prove that the intent of the false report is to influence child custody, visitation or child support, Ellison said.

One of the bill's main targets was adults who use malicious allegations of abuse in bitter divorce or child custody cases, said Esquivel.

"People getting divorced can make ugly accusations," Esquivel said. "It happens more often than you might think."

When Esquivel and House Judiciary Co-chairman Wayne Kreiger, R-Gold Beach, initially presented their bill before the House, the proposed fine was $6,250 and the violator faced a misdemeanor criminal charge which could have resulted in jail time.

The changes are a relief to child abuse experts who said Esquivel's bill, as written, would have had a chilling effect on a crime that is already under-reported.

Ellison testified in Salem against the proposed legislation, along with representatives from the Oregon District Attorneys Association, the Oregon Network of Child Abuse Intervention Centers, the Oregon School Employees Association, Children First and the Child Advocacy Section of the Oregon Department of Justice.
Ellison said he remains concerned the new law will be misinterpreted by the public, which could have a quelling effect on everyone from teachers to neighbors to relatives who might suspect child abuse, and be afraid to report due to misunderstandings.

The law does not punish those who might make a false reports based on honest mistakes. Only those that are due to malicious intent, Esquivel said. It was never his intent to limit reporting of actual child abuse, or cause consternation amongst child welfare experts. He also does not oppose the changes that were made to his bill, Esquivel said.

Ellison said holding people accountable for false reports is appropriate. But there was already a law on the books that made it a crime to knowingly make a false report of any crime to the police or other agency. ORS 162.375 states that initiating a false report is a Class C misdemeanor, punishable by a $1,250 fine and 30 days in jail. Ellison questions the need for a new law that "pulls out that one type of false reporting and makes it a violation," he said.

"They wanted to call attention to it," Ellison said, adding he remains concerned about the potential fallout for mothers trying to protect their children from an abusive father.

"Basically this is a bill designed to protect husbands in divorce cases," Ellison said. "This is a bill written by men for men."

There could be unintended consequence of keeping children trapped in abusive situations because adults are fearful of making a report that, while true, might not be able to be proven, he said.

"If a woman is out and away from an abuser, it may be the first time ever she feels safe to report (her partner committed child abuse)," Ellison said. Esquivel's bill had the support of at least one Oregon senator. According to news reports, Sen. Jeff Kruse, R-Roseburg, testified he was once the victim of a trumped-up claim of child abuse.

Ellison said he had sympathy and empathy for anyone victimized because of a false report of abuse. But statistics show child abuse is the most under-reported crime next to domestic abuse, he said.

People should not be worrying about being wrong when deciding to report or not, Ellison said. People need to report suspected abuse. If people are in doubt, they should err on the side of reporting, he said.
Esquivel said he encourages people to report child abuse.

"You won't get in trouble unless you have malicious intent," Esquivel said.

Reach reporter Sanne Specht at 541-776-4497 or email sspecht@mailtribune.com

Florida Mother Gagged by Judge Brodie Forced To Shut Down Blog


August 6, 2011                                     
Press Release
                                                                                                              
Another mother, another court order by a family court judge violating her constitutional right to Freedom of Speech. In the last few weeks, the Naples News highlighted the story of Julie Price. Julie created a blog  and now…..just like other courageous mothers all over the US….in expressing her right to freedom of speech….. but on August 4, 2011 the trial court of Judge Brodie told Julie to take down the blog.
 
The Naples News in their story told about alarming details from the court file and the felony child abuses charges being faced by her former husband in regards to hog tying Julies daughter to a bed, for which Jon Parrish admitted to. http://www.naplesnews.com/news/2011/jul/08/attorney-Jon-Parrish-zip-tie-daugh..
 
In the hearing the judge was not concerned that the former Husband was not complying with court orders, but yet admonished Julie for her blog, which  only expressed her concern for the safety and well being of her daughters and  how the “court appointed” experts were handling her case.
 
One wonders, when will justice prevail for Julie Price, her children and all of America’s children involved in the child-custody visitation scandal cases happening all over the US.
 
The American Bar Association statistics on Custody states that Batterers go into family court, and ask for Sole Custody and get it 70% of the time. So if a parent has documented evidence of Domestic Violence to the other parent, and documented evidence of child sexual and/or physical abuse that parent will get custody 70% of the time. If you think…that can’t be true..I have attached the ABA Custody Myths stats for you.
 
The Leadership Counsel states that 58,000 children a year are court ordered to live with a sexually and or/physically abusive parent after a divorce in the United States. (www.theleadershipcounsel.org)
 
The safe, “protective parent” has their rights terminated or they are placed on supervised visitation for years and years without a case plan or reunification plan. 
 
Please contact Jacob Carpenter at the Naples News and ask them to please continue to cover this story. His email address is jcarpenter@naplesnews.com
 
Jun 29, 2011 – Contact JACOB CARPENTER. We will not store the e-mail addresses or share them with .... No matter the predictions, it only takes one storm. ...
www.naplesnews.com/staff/jacob-carpenter/contact/ - Cached
 
Thank you to all of the organizations, advocates and mothers all over the US who continue to be part of the solution to the family court crisis. One day…justice will prevail.
 
For more information:
Please contact:
Co-Chair of the Child Custody and Family Court Committee
Florida  NOW (National Organization for Women)
 
 
 July 29, 2011
 
A Mothers tale of the Family Courts…in this blog below….and a very courageous Mother……
this was just in the Naples News…in Florida……
http://www.naplesnews.com/news/2011/jul/08/attorney-Jon-Parrish-zip-tie-daugh.. (please email this writer and say thank you for covering this story..as this needs to be exposed)
 
Another city….another group of “ Court ordered experts” and a very courageous Mother….one of us….the “squeaky clean Mom”….who only loves her children, and tries to protect them …. from…documented abuse….
 
the court record…shows her child being hog tied by the father to the bed, he admitted that yes..he did this and that it is his constitutional right…and he faces felony child abuse charges…..
 but the court allows him to take another child to Russia who he has Sole physical custody of….. and the GAL is holding him up as father of the year…
 
 the Court Appointed Custody evaluator is Dr. Debra Carter and the father paid $30,000 for an evaluation……and now this wonderful Mother is on Supervised Visitation and faces a hearing where the father wants her to be put in jail….
 
 Please forward this blog everywhere…..this is a very courageous Mom….and now is being told “she will be in big trouble” for writing this blog…
 
 If you know of any Dr. Debra Carter cases from this case  or Dr. Deborah Day cases, in my case,  please let me know….as more of these cases are coming forward…..it is very important to please bring them to my attention.
 
One day justice will prevail….
Thank you,
Jul 18, 2011 – The psychologist in her case, Dr. Deborah Day, actually provided false and misleading ... Posted by Julie Satterfield-Price at 4:46 PM ...
www.juliepricechildrencrisiscourts.org/.../psychologists-in-floridatruth-integrity.html - Cached
 
1 day ago – Still, Dr. Carter has branded me as the "bad parent." It is ...
www.juliepricechildrencrisiscourts.org/ - Cached
 
Jul 13, 2011 – Ironically, Lisa's former husband also hired the same ...
www.juliepricechildrencrisiscourts.org/2011/07/day-25.html - Cached
 

Friday, August 5, 2011

EXTREME CUSTODY DECISIONS THAT RISK LIVES

By Barry Goldstein
Dear Custody Court Judge:

The research is now clear that certain extreme decisions in domestic violence custody cases that have become all too common are contributing to an increase in the frequency of domestic violence homicide and other harmful consequences. This is established in the leading resources about domestic violence and custody including THE BATTERER AS PARENT by Lundy Bancroft and Jay Silverman, DOMESTIC VIOLENCE, ABUSE and CHILD CUSTODY edited by Mo Therese Hannah and Barry Goldstein and the major new Department of Justice study led by Dr. Daniel Saunders of the University of Michigan. Judges should be aware of the research that demonstrates the danger of creating these dangerous decisions avoid these decisions in the future and modify existing arrangements that create substantial risks to the children.

The decisions that must be avoided and corrected are ones in which an alleged abuser is given custody and a safe, protective mother is limited to supervised or no visitation. I will more fully describe these dangerous cases below and I am not saying it can never be right to give someone custody who was accused of domestic violence or child abuse or that a mother who makes abuse allegations should never be denied normal visitation.

I will discuss the harm and danger of these extreme decisions below, but judges should be aware that these decisions are probably the largest factor in the recent increase in domestic violence homicide. Furthermore these extreme decisions are never in the best interests of children even when the court is right that the abuse allegations are false and the mother seeks to take the father out of the child's life for bad faith reasons. More commonly, the research demonstrates that court professionals who used flawed practices to justify the extreme decision also got the underlying facts wrong. Judges should look to the specialized body of research now available that can help courts make the best decisions in domestic violence custody cases. .....

Excerpts - To read the article in its entirety, please visit Barry's website.
The real problem is the 3.8% of cases that go to trial and usually far beyond. The vast majority of these cases, probably around 90% are domestic violence cases that involve the worst of the worst abusers. These are usually cases where the father had little involvement with the children during the relationship, but suddenly demands custody as a way to pressure her to return or punish her for leaving. Abusers tend to be good at manipulation and court professionals are usually happy to find a father who appears to want to be involved in his children’s lives. The flawed “high conflict” approach works great for abusers because it requires the parties to interact and cooperate with each other. This gives him the access to his victim he sought by playing the custody card. At the same time it pressures the mother to cooperate with her abuser and punishes her reluctance to interact with someone she experienced as dangerous and difficult. In other words the “high conflict” approach gives abusers a huge advantage.

The most dangerous abusers are the ones who believe she has no right to leave him. They usually respond to her leaving in one or more of three ways. They respond by killing her which is why75% of men who kill their partners do so after she has left. They respond by killing their children. In the last couple of years over 175 children have been murdered by abusive fathers involved in contested custody cases. Most often they respond by going after custody as a tactic to regain control and too often custody courts help them do so......

....The evaluators and other mental health professionals routinely relied on by the courts are not experts in domestic violence and usually unfamiliar with the specialized body of research now available. This has led judges and lawyers to be taught a lot of misinformation and continue to use outdated and discredited practices. Significantly, the Department of Justice study found many evaluators and other court professionals do not have the domestic violence training they need. Those professionals without the needed training are more likely to believe the myth that women frequently make false allegations of abuse and therefore make recommendations harmful to children.....

....The Department of Justice study found that court professionals pay far too much attention to the anger or emotion a mother displays in court in comparison to its significance in determining how good a mother she is. Similarly over forty states have had court-sponsored gender bias committees that have found substantial bias against women and particularly against mothers involved in custody disputes. One of the common forms of bias is to blame a mother for the actions of her abuser. This is exactly what a court does when it blames the mother for her emotion or anger caused by the father’s history of abuse and use of abusive litigation tactics instead of blaming him for intimidating and coercive behaviors that caused her reaction. Gender bias is often difficult to recognize because it is not done deliberately or consciously and some court professionals become extremely defensive when this issue is raised. A good remedy is to frequently consider how you would have reacted to the same situation if the genders were reversed....

As discussed earlier these decisions lead to a higher crime rate in addition to the increase in domestic violence homicide. A large majority of our prison population witnessed domestic violence or suffered direct abuse. The extreme decisions discussed in this article increase this unfortunate population. These mistakes also have a profound negative impact on society. The increased crime requires substantial expenditures in the criminal justice system as well as property losses and injuries. These mistakes also substantially increase health expenses that raise insurance rates and taxes when the government pays health costs. At the same time, by destroying or limiting the potential of these children, and others, it reduces economic output thus reducing tax revenue. 

Barry Goldstein is a nationally recognized domestic violence expert, speaker, writer and consultant. He is the co-editor with Mo Therese Hannah of DOMESTIC VIOLENCE, ABUSE and CHILD CUSTODY. Barry can be reached by email at their web site www.Domesticviolenceabuseandchildcustody.com 

Friday, July 15, 2011

Domestic Violence by Proxy

Domestic Violence (DV) by Proxy:
Why Terrorist Tactics Employed by Batterers Are Not "PAS" 

 
September 16, 2009  
By: Leadership Council

As more and more abused women lose custody to batterers in family courts, they are wrongly embracing the very ideas that enabled their abusers to gain custody in the first place. False accusations of “parental alienation" are often used by batterers to gain custody and to defend against accusations of abuse. 

Some unfortunate women after years of enduring domestic violence have lost custody to the batterers who abused them. In these cases, batterers have made good on their threat to attack their ex-partner in the place she is the most vulnerable—by taking her children away from her. After separation, these batterers continue to wage their campaign of manipulation and abuse by attempting to convince involved children that their mothers never loved them. Looking for a way to describe their batterers' behavior, some mothers have called what their batterer is doing "parental alienation syndrome." 

In reality, what these women are describing from their ex-partners is better termed Domestic Violence by Proxy (DV by Proxy), a term first used by Alina Patterson, author of Health and Healing. DV by Proxy refers to a pattern of behavior which is a parent with a history of using domestic violence or intimidation, uses a child as a substitute when he no longer has access to his former partner. Calling this behavior “parental alienation” is not strong enough to convey the criminal pattern of terroristic behaviors employed by batterers. 

When his victim leaves him, batterers often recognize that the most expedient way to continue to hurt his partner is to assert his legal rights to control her access to their children. By gaining control of the children, an abusive male now has a powerful tool which allows him to continue to stalk, harass and batter an ex-partner even when he has no direct access to her. Moreover, by emotionally torturing the child and severing the bond between children and their mother, he is able to hurt his intended victim -- the mother -- in a way she cannot resist. 

DV by Proxy includes tactics such as: threats of harm to children if they display a positive bond to the mother, destroying favored possessions given by the mother, and emotional torture (for example, telling the child the mother hates them, wanted an abortion, and is not coming to get them because they are unloved). 

DV by Proxy may also include coaching the child to make false allegations regarding their mother's behavior and harming or punishing the child for not complying. DV by Proxy perpetrators may also create fraudulent documents to defraud the court in order to prevent the mother from gaining custody. Whether or not the child is biologically related to them is irrelevant to perpetrators of DV by Proxy. The perpetrator's main motivation is to hurt his ex; whether or not his own child is harmed in the process is irrelevant to him. 

This is very different from "parental alienation syndrome" as described by the late Richard A. Gardner. Dr. Gardner described PAS as an internal process by which a child aligns themselves with a preferred parent to protect themselves from the divorce conflict. “PAS” is conceptualized as a psychological process of identification with a parent who, according to the theory, encourages this identification at the expense of the other parent. 

PAS inducing parents, according to Gardner, are often unconscious of what they are doing to encourage the identification. In contrast, perpetrators of DV by Proxy are very conscious of what they are doing. 

Controlling, coercive, illegal acts often done by abusive and controlling people, usually men, are not subtle, and do not encourage an identification with a parent. Criminal, fraudulent, coercive acts are visible and obvious. These behaviors encourage compliance by threats and fear. Behaviors involved in DV by Proxy are deliberate and often illegal. These behaviors include: battery, destruction of property, locking children in rooms to prevent them from calling parents, falsifying documents, along with other similar overt behaviors. 

The most dangerous aspect of Gardner's PAS theory is that that the alienating parent's behavior is theorized to be so subtle as to be unobservable. In other words, the behaviors that are supposed to cause the alienation are assumed to be happening without any proof that they have actually occured. As many women have discovered this makes a charge of "alienation" almost impossible to defend against. 

While Gardner's theories regarding PAS have been shown to be overly general and have not been supported by careful research, behaviors seen in DV by Proxy can be readily observed. Behaviors involved in DV by Proxy are deliberate and planned; many are illegal, and if the child is given the freedom to talk, will be described in great detail by the child. 

If the child's formerly favorable view of the victimized parent changes when exposed to tactics like this over time then it is more likely a form of "Stockholm Syndrome" or traumatic attachment to the abuser, rather than the alignment with one parent and negative reaction to the other that Gardner described as "alienation".
A recent and comprehensive article on PAS and its use in the court system, by Jennifer Hoult can be downloaded here.

For further information: