Showing posts with label family courts. Show all posts
Showing posts with label family courts. 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)

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 

‘It Should Not Hurt to Be a Child’


Commentary by Eileen King
April is Child Abuse Awareness Month, and it is an occasion for being reminded that  “it should not hurt to be a child.”  The soul-destroying, long-term consequences of child physical/sexual abuse and neglect obviously merit a year-round focus, but media attention to such awareness campaigns helps encourage parents, especially mothers, to seek help if they suspect child abuse.

At the same time, however, the long and exhausting journey that parents must take to secure protection for endangered children, often involving legal battles costing many thousands of dollars, is rarely mentioned.  
Who wants to hear that no amount of money can assure justice in systems that disbelieve children and distrust protective parents?
It is, however, a grim reality.  Parents who act appropriately and lawfully to protect their children may be punished by family court judges for reporting abuse or for refusing to force their terrified child to visit an abusive parent.  
In the worst cases, custody is reversed and the protective parent may be denied any contact with his or her child.   The message: failure to be a “friendly parent” is worse than child physical or sexual abuse.
The non-profit agency I work for, Justice for Children, often finds itself on the front lines of complex cases of child abuse, arising during separation and divorce,  that may be litigated for years.  Although Child Protective Services (CPS) investigates abuse reports, these cases are generally treated with suspicion and ruled out as “custody battles” despite urgent, compelling evidence.  
Rarely prosecuted by the State, intra-familial abuse allegations are relegated to a domestic relations court of equity where a serious crime against a child is reduced to a civil law question of property. Such courts, in  contrast to the traditional adversarial nature of a courtroom, allow judges to apply injunctions or writs instead of monetary damages, according to the principle of “fairness. ”
Family courts in most (if not all) jurisdictions are considered “courts of equity.”  A recent New York case in which the Court of Appeals was asked to decide whether a teacher imprisoned for molesting boys can see his own child illustrates the limits of an approach that considers a child just a piece of property to be divided.[Stephen H1] 
The systemic failures and practices that place abused or at-risk children in the care or custody of a dangerous parent are well known, but it has taken over 15 years for these agonizing and sometimes tragic cases to be officially recognized as serious problems in our judicial and CPS systems.  
The Catch 22 nature of a parent’s duty to report, and penalties for failure to protect, sinks protective parents in the quicksand of family court litigation. Very little help is available from public agencies or non-profits.  Abusers know they have unparalleled opportunities to abuse and control their children and ex-partners with few consequences. 
Non-profit advocates have been working for years to get these issues before federal agencies. 
Last month, the Department of Justice’s Office on Violence Against Women (OVW)[Stephen H2]  held a Roundtable at George Washington University Law School, sponsored by the National Coalition Against Domestic Violence with help from the Domestic Violence Legal Empowerment and Appeals Project.  Judge Susan Carbon, OVW director, , and participants from other federal agencies listened to a panel of mothers and a courageous 13-year-old share their experiences in family court. 
In the experts’ panel, we shared our extensive knowledge of how CPS and family courts can fail abused children and their protective parents.  A report on the roundtable will be posted soon on the OVW website.
Change must also happen in state CPS agencies and family courts. Court appointees (psychological evaluators, Guardians ad litem, children’s attorneys, mediators and parenting coordinators) should not evade oversight or consequences for negligent practices that harm children.  
Policies forcing children to reunite with their sexual assault perpetrators need immediate re-evaluation.  These are just of few of the many changes recommended by advocates and legal/mental health professionals.
The worst betrayal a child can endure is sexual/physical abuse or neglect by a parent.  Assuring a child that if they tell they will be protected, but then failing to protect heaps betrayal upon betrayal. 
We need to carry through on our promises to children.   This is the next  level of child abuse awareness our society needs!
 Here are some further resources for anyone who wants to explore the issue further:
From Madness to Mutiny: Why Mothers Are Running From the Family Courts and What to Do About It, by Amy Neustein, Ph.D. and Michael Lesher, J.D., Northeastern University Press, 2005. www.upne.com/1-58465-462-7.html
Domestic Violence, Abuse and Child Custody edited by Mo Therese Hannah, Ph.D and Barry Goldstein, J.D., The Civic Research Institute, 2010. http://www.civicresearchinstitute.com/dvac.html
Eileen King is Regional Director of Justice for Children-DC.  She welcomes comments from readers.

Study Finds New Guidelines Help Judges Better Serve Abused and Neglected Children and Their Families

More children are able to return home safely or live with extended family  
RENO, Nev., July 26, 2011 /PRNewswire-USNewswire/ -- Children who are removed from their parents for abuse or neglect allegations experience better outcomes when judges follow a set of decision-making guidelines during the initial removal hearing, according to a study released today by the National Council of Juvenile and Family Court Judges (NCJFCJ).  Development of a benchcard containing the guidelines grew out of a national NCJFCJ initiative, Courts Catalyzing Change: Achieving Equity and Fairness in Foster Care (CCC).  In partnership with Casey Family Programs and the U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention, NCJFCJ member judges throughout the country are working to reduce the overrepresentation of children of color in the foster care system along with the disparate outcomes they and their families experience.

Researchers tracked more than 500 children through the court system in three cities and found that 45% more children were able to return home to their parents or live with extended family members when judges used the benchcard during their hearings. The findings are detailed in a report, Right from the Start:  The Courts Catalyzing Change Preliminary Protective Hearing Benchcard Study Report – Testing a Tool for Judicial Decision-Making. The report details positive qualitative and quantitative results when the guidelines outlined in the benchcard were used.

"Parents were more engaged, child welfare workers were prepared with better, and more complete information about the family's conditions and circumstances," said Judge Nan Waller, Presiding Judge in Multnomah County, Oregon, one of the study sites. "We were able to drill down to specific barriers that prevented the child from remaining at home and to meaningfully engage parents in fashioning solutions to keeping families together safely."

In the fall of 2009, the NCJFCJ began studying the effects associated with the use of an enhanced set of guidelines – the CCC benchcard – for conducting the first hearing after children are removed from their home for alleged abuse or neglect. This hearing, known as the preliminary protective hearing, focuses on whether a child can safely return home or must remain in foster care.

Three juvenile court sites agreed to participate in a pilot implementation and assessment of the benchcard: Los Angeles, California; Omaha, Nebraska; and Portland, Oregon.  Judges in the benchcard pilot sites were trained on its use, including key decision points at the initial hearing.  Each randomly assigned judicial officer heard 10 preliminary protective hearings using the benchcard, while a control group of judicial officers in each of the sites heard 10 preliminary protective hearings without using the benchcard. Researchers analyzed information from case files and from courtroom observations. The study finds that use of the benchcard was associated with increases in the quality and quantity of discussion at the hearings.

Though there is variation by site, before benchcard implementation, 12.6% of children were returned home at the initial hearing compared to 17.3% after benchcard implementation. Reunification rates also increased after implementation of the benchcard at a later stage of the case, the adjudication hearing.

"Every day I hear from someone involved in our Dependency Court in Los Angeles that these guidelines are changing judicial practice in our courtrooms in a way that better engages families, advocates and caseworkers, and ultimately improves the outcome of the case," said Judge Michael Nash, presiding judge for the Los Angeles Juvenile Court.

As with all field research, the present study has limitations, but is one of several steps necessary for establishing the benchcard as an evidence-based practice.  The benchcard study has not yet examined the impact of the hearing guidelines on different racial and ethnic groups.  NCJFCJ sought first to measure the effectiveness of the benchcard for all children before further analysis is conducted. The NCJFCJ will continue to track the results of the benchcard implementation and is currently expanding its research as the guidelines are used in additional jurisdictions.

About NCJFCJ
The NCJFCJ, headquartered on the University of Nevada campus in Reno since 1969, provides cutting-edge training, wide-ranging technical assistance, and research to help the nation's juvenile and family courts, judges, and staff in their important work. Since its founding in 1937 by a group of judges dedicated to improving the effectiveness of the nation's juvenile courts, the NCJFCJ has pursued a mission to improve courts and system practice and to raise awareness of the core issues that touch the lives of many of our nation's children and families. http://www.ncjfcj.org

SOURCE National Council of Juvenile and Family Court Judges (NCJFCJ)

RELATED LINKS
http://www.ncjfcj.org

Wednesday, July 20, 2011

74th Annual Conference – Junk Science

What is “junk science”? 
Generally speaking, junk science refers to research lacking scientific rigor and findings that are often based on spurious correlations. Perhaps one of the more known examples of junk science is phrenology – or the practice of assessing personality from the contours of the skull. Certainly, very few people would now consider phrenology anything but an interesting “bump in the historical road of psychology”. (Pardon the pun.) However, junk science has a way of taking hold in our popular culture – including our systems of justice - and it can be difficult to identify and eliminate. To learn more about junk science and how it intersects with the justice system (e.g., implications related to the Daubert standard), please join us in New York for the NCFJCJ Annual Conference July 24-27, 2011. Dr. Mary Alice Conroy, Professor of Psychology and American Psychological Association representative will present a session on junk science within a legal context.

Tuesday, July 5, 2011

Case Watch: West Virginia

The Supreme Court of Appeals of West Virginia filed an opinion in the Men & Women Against Discrimination v. the Family Protection Services Board case on May 26th, ruling that the plaintiffs, a fathers’ rights group who claimed that the state domestic abuse law discriminated against men, failed to show that they had been denied benefits or services themselves and, therefore, weren’t entitled to challenge the law. To read the full decision, please click here

For more information please visit Battered Women's Justice Project

The kind of story your best friend should tell you about

Even under the best of circumstances, divorce and issues of child custody can be a stressful time. And when there is a "high conflict" case involving charges of abuse, the stress level can elevated to the point where it really feels "crazy making." The twists and turns and the financial challenges piled on top of everything else can produce a mental state where you may feel like you are losing your mind. And sometimes, even your best friend hesitates tell you , "Um,you really sound a little crazy." It is one of the reasons that the mainstream media shies away from covering the issue. The people can sound a little crazy.
 
Documentary producer Garland Waller found that to be the case when she produced the documentary Small Justice: Little Justice in America's Family Courts. And she found it to be the case when she filmed at the Battered Mother's Custody Conference.
 
She laid out some of the important things that women need to know in a textbook chapter titled "The Yuck factor, the Oprah factor, and the "Stickiness" Factor: Why the Mainstream Media Has failed to Expose the Custody Court Scandal". It's the sort of stuff your best friend should tell you about how to tell your story. 
 
Garland is now producing No Way Out But One. It's the story of one protective mother who took desperate measures to keep her children safe. The subject of the film, Holly Collins, eventually succeeded in protecting her kids. Even though a lot of people called her "crazy" at the time, what was more important to her was what her kids called her. A hero. It's the kind of story your best friend should tell you about.