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Mothers Day March in Washington DC, May 8, 2011

Showing posts with label parental. Show all posts
Showing posts with label parental. Show all posts

Parental alienation and domestic violence

"I hope there's more cases just like this, where people don't want to let their spouses see their kids...I hope it happens more and more, until the law finally says you know what? There needs to be something done so these parents can be with their kids."

These were the words fired by Randall Todd Moore as he denied having "not one ounce of remorse" for kidnapping, sexually assaulting and killing his ex-wife.

But was his ex-wife 'alienating' the kids, as Moore alleged, or trying to protect them from danger?

This case is clear, but as those working in domestic violence and child abuse realize, all too often clarity comes at a price.

Amplify’d from www.huffingtonpost.com

Giving custody to the supposedly alienated parent is one way to "solve" the problem of parental alienation. Jailing the mother is another.

58,000 children a year go into sole or joint custody arrangements or unsupervised visitation with physically or sexually abusive parents, according to an estimate by the Leadership Council on Child Abuse and Interpersonal Violence. That's over 1,000 children a week the courts place in harm's way.

Even when she tries to produce evidence of the threats, he says, "Well, ma'am, there's a real dispute about whether that's even true or not." And finally, "My suspicion is that you're lying" (said twice). He denied her the order (as did two other judges). Garcia took their son that day and drove off into the mountains. Ten days later, they were both found dead.

The transcript is here: http://www.scribd.com/doc/26434649/tagle-garcia-court-transcript-dent-protect...

Dr. Paul Fink, President of the Leadership Council on Child Abuse and Interpersonal Violence, and a former President of the American Psychiatric Association states, "Science tells us that the most likely reason that a child becomes estranged from a parent is that parent's own behavior. Labels, such as PAS, serve to deflect attention away from those behaviors."

More dangerously, parental alienation can mask domestic violence, child abuse and child sexual abuse. What is the difference between fearful or uncooperative battered women and alienating," vindictive" mothers? If parents try to withhold access to children, are they alienators or protectors? If they try to provide evidence of abuse - interviews with psychologists, medical examinations or discussions with the child - are they gathering proof or further alienating the ex? What is the difference between alienated children and abused children?

Indeed, it's not just domestic violence survivors' advocates who witness the problem with PA. The American Bar Association, American Prosecutors Research Institute, National District Attorneys Association, and the National Council of Juvenile and Family Court Judges all denounce the use of parental alienation in the courtroom. The National District Attorneys Association says on their Web site, "PAS is an unproven theory that can threaten the integrity of the criminal justice system and the safety of abused children."

Read more at www.huffingtonpost.com

Dr. Richard Warshak Clueless, Thank Goodness the Professional Organizations Know What’s Going On

Poor Richard Warshak. He asked for commenters to come to his Huffington Post article and comment. A few of us did, and he refused to post the comments. He censored out everything that didn’t show adoration for him. That is what he wanted. Afterall, he has a book and “expert testimony” services to sell. Now he is whining about being criticized for the censorship.

Several comments were made about the American Bar Association, the American Judges Association, the National District Attorney’s Association and the National Council of Juvenile and Family Court Judges debunking the use of “parental alienation” in child custody cases because of it’s well known use by abusers to take custody of children. Of course, anyone who makes the kind of money that Warshak makes ($20,000 per patient per four days in “treatment”) doesn’t care who claimed what for what purpose, they just know they will make money. He doesn’t care that children may be in the custody of someone who beat the other parent, probably in front of the children, or may have even been sexually abusing the children. No, he doesn’t care, but the professional organizations know what the deal is:

Amplify’d from pasisascam.wordpress.com

The discredited “diagnosis” of PAS (or an allegation of “parental alienation”), quite apart from its scientific invalidity, inappropriately asks the court to assume that the child’s behaviors and attitudes toward the parent who claims to be “alienated” have no grounding in reality. It also diverts attention away from the behaviors of the abusive parent, who may have directly influenced the child’s responses by acting in violent, disrespectful, intimidating, humiliating, or discrediting ways toward the child or the other parent. The task for the court is to distinguish between situations in which the child is critical of one parent because they have been inappropriately manipulated by the other (taking care not to rely solely on subtle indications) , and situations in which the child has his or her own legitimate grounds for criticism or fear of a parent, which will likely be the case when that parent has perpetrated domestic violence. Those grounds do not become less legitimate because the abused parent shares them, and seeks to advocate for the child by voicing his or her concerns.

Under relevant evidentiary standards, the court should not accept testimony regarding parental alienation syndrome, or “PAS.” The theory positing the existence of PAS has been discredited by the scientific community.35 In Kumho Tire v. Carmichael, 526 U.S. 137 (1999), the Supreme Court ruled that even expert testimony based in the “soft sciences” must meet the standard set in the Daubert case.36 Daubert, in which the court re-examined the standard it had earlier articulated in the Frye37 case, requires application of a multi-factor test, including peer review, publication, testability, rate of error, and general acceptance. PAS does not pass this test. Any testimony that a party to a custody case suffers from the syndrome or “parental alienation” should therefore be ruled inadmissible and stricken from the evaluation report under both the standard established in Daubert and the earlier Frye standard.38

2009: A Judicial Guide to Child Safety in Custody Cases

National Council of Juvenile and Family Court Judges Family Violence Department

See more at pasisascam.wordpress.com

A Word of Caution About Parental Alienation--Dr. Richard Warshak

Amplify’d from pasisascam.wordpress.com

The discredited “diagnosis” of PAS (or an allegation of “parental alienation”), quite apart from its scientific invalidity, inappropriately asks the court to assume that the child’s behaviors and attitudes toward the parent who claims to be “alienated” have no grounding in reality. It also diverts attention away from the behaviors of the abusive parent, who may have directly influenced the child’s responses by acting in violent, disrespectful, intimidating, humiliating, or discrediting ways toward the child or the other parent. The task for the court is to distinguish between situations in which the child is critical of one parent because they have been inappropriately manipulated by the other (taking care not to rely solely on subtle indications) , and situations in which the child has his or her own legitimate grounds for criticism or fear of a parent, which will likely be the case when that parent has perpetrated domestic violence. Those grounds do not become less legitimate because the abused parent shares them, and seeks to advocate for the child by voicing his or her concerns.

Under relevant evidentiary standards, the court should not accept testimony regarding parental alienation syndrome, or “PAS.” The theory positing the existence of PAS has been discredited by the scientific community.35 In Kumho Tire v. Carmichael, 526 U.S. 137 (1999), the Supreme Court ruled that even expert testimony based in the “soft sciences” must meet the standard set in the Daubert case.36 Daubert, in which the court re-examined the standard it had earlier articulated in the Frye37 case, requires application of a multi-factor test, including peer review, publication, testability, rate of error, and general acceptance. PAS does not pass this test. Any testimony that a party to a custody case suffers from the syndrome or “parental alienation” should therefore be ruled inadmissible and stricken from the evaluation report under both the standard established in Daubert and the earlier Frye standard.38

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C. [§3.3] A Word of Caution about Parental Alienation34

National Council of Juvenile and Family Court Judges Family Violence Department

2009: A Judicial Guide to Child Safety in Custody Cases

Dr. Richard Warshak would not allow opposing comments in his first article on the Huffington Post, including information about all the professional organizations that have debunked the use of “parental alienation” in child custody cases.  This includes a warning from the National Council of Juvenile and Family Court Judges:

Read more at pasisascam.wordpress.com

Part 3: Questions for Richard Warshak and His Parental Alienation Syndrome...or Divorce Poison...or Whatever

Amplify’d from www.randijames.com
f "parental alienation" existed in the the intact family (which you theorists have verified that it does occur in absence of divorce), why should it be such a focus now that the parents are separated/divorced?

And who are you going to rely on to tell you the truth about what occurred within the family:

the "alienated parent" who may have an agenda,

the "alienator" who has no obligation to tell you a damn thing,

the child who YOU are now "bringing into adult conflict,"

or people outside the family who often don't have a clue what is going on (as evidenced by the many murders that occur where the neighbors and community thought that the perp was such a nice guy

If no counseling was mandated during the relationship why should it be ORDERED after one? How does this not step on parental/family and children's rights?

And don't you think this is creating a big business for the court system? For example, in some states, parents must attend a mandatory divorce class before the paperwork is finalized. Who is raking in all this money?

Read more at www.randijames.com

Part 2: Questions for Richard Warshak and His Parental Alienation Syndrome...or Divorce Poison...or Whatever

Amplify’d from www.randijames.com
Dear Dr. Warshak,

I have been accused of parental alienation because my adolescent child won't visit his father, my ex husband. If my son's father is an alcoholic and chronic cheater that is into child porn, and my son knows about at least 2 out of 3 of what I mentioned, how do you suggest that I promote the relationship between father and son in order to remove the parental alienation label? I mean seriously, it's not my fault that my ex is a sick fucking asshole. I just don't want it to rub off on my our son (<--see, I'm trying!).

Read more at www.randijames.com

Whiney, Whiney Dr. Richard Warshak—HE alone responsible for Censorship of Comments on Huffington Post

Several comments were made about the American Bar Association, the American Judges Association, the National District Attorney’s Association and the National Council of Juvenile and Family Court Judges debunking the use of “parental alienation” in child custody cases because of it’s well known use by abusers to take custody of children. Of course, anyone who makes the kind of money that Warshak makes ($20,000 per patient per four days in “treatment”) doesn’t care who claimed what for what purpose, they just know they will make money. He doesn’t care that children may be in the custody of someone who beat the other parent, probably in front of the children, or may have even been sexually abusing the children. No, he doesn’t care, but the professional organizations know what the deal is. They know that victims of abuse have lost their children to abusers, and corrupt individuals that support the use of this legal tactic should be shut down:

The discredited “diagnosis” of PAS (or an allegation of “parental alienation”), quite apart from its scientific invalidity, inappropriately asks the court to assume that the child’s behaviors and attitudes toward the parent who claims to be “alienated” have no grounding in reality. It also diverts attention away from the behaviors of the abusive parent, who may have directly influenced the child’s responses by acting in violent, disrespectful, intimidating, humiliating, or discrediting ways toward the child or the other parent. The task for the court is to distinguish between situations in which the child is critical of one parent because they have been inappropriately manipulated by the other (taking care not to rely solely on subtle indications) , and situations in which the child has his or her own legitimate grounds for criticism or fear of a parent, which will likely be the case when that parent has perpetrated domestic violence. Those grounds do not become less legitimate because the abused parent shares them, and seeks to advocate for the child by voicing his or her concerns.

Under relevant evidentiary standards, the court should not accept testimony regarding parental alienation syndrome, or “PAS.” The theory positing the existence of PAS has been discredited by the scientific community.35 In Kumho Tire v. Carmichael, 526 U.S. 137 (1999), the Supreme Court ruled that even expert testimony based in the “soft sciences” must meet the standard set in the Daubert case.36 Daubert, in which the court re-examined the standard it had earlier articulated in the Frye37 case, requires application of a multi-factor test, including peer review, publication, testability, rate of error, and general acceptance. PAS does not pass this test. Any testimony that a party to a custody case suffers from the syndrome or “parental alienation” should therefore be ruled inadmissible and stricken from the evaluation report under both the standard established in Daubert and the earlier Frye standard.38

Page 12:
C. [§3.3] A Word of Caution about Parental Alienation34

See more at familycourtmafia.putblog.org

Richard Warshak's Mentor Richard A. Gardner's Opinion of Parental Alienation versus Child Sex Abuse; is this what

"If the mother has reacted to the abuse in a hysterical fashion, or used it as an excuse for a campaign of denigration of the father, then the therapist does well to try and 'sober her up'... Her hysterics... will contribute to the child's feeling that a heinous crime has been committed and will thereby lessen the likelihood of any kind of rapproachment with the father. One has to do everything possible to help her put the 'crime' in proper perspective. She has to be helped to appreciate that in most societies in the history of the world, [men having sex with children] was ubiquitous, and this is still the case." -- Richard A. Gardner, in True and False Accusations of Child Sex Abuse (1992), pp. 584-585

Amplify’d from huffington.posterous.com

Parental alienation theory is about shutting up and censoring victims of child abuse. "Having a relationship with the father" is posited as more important than avoiding child rape. More quotes from Richard Gardner, Richard Warshak's mentor. Yoshimisu Huffington asks: how many cats, do you think, actually have harmed infants, versus homo sapien males? And yet we cats aren't allowed in the nursery! More: Do children "need" two parents? Before applying "treatment" for parental alienation, doesn't it have to be established -- rather than assumed -- that the specific child in question actually is suffering a harm that needs to be addressed?

Read more at huffington.posterous.com