parentalalienationandeffectstofamilysaccrossthisworld

BARABOO, Wis. -- The Baraboo mother whose husband was convicted of killing their infant twins three years ago is breaking her silence. Co-Parenting again- "I Never should have left my children with him.' Mother Of Fatally Beaten Infant Twins Speaks Out At Fathers Conviction At just 5 weeks old, twins Tyler and Savannah were victims of a savage beating that ended their lives, tore a family apart and subsequently landed their father in prison"I thought it was just me that made him angry," she said.Bird-Winbun claims that the cy ...

Smith, R., & Couches, P. (1997). Fairness and accuracy evaluations of domestic violence and child abuse in custody determinations. Judges' Journal, 36 , 38-42. EXCERPT ". . .Although both common sense and the prevailing legal standard dictate careful consideration of evidence in domestic or family violence when determining custody, allegations of domestic violence and/or child sexual abuse made during a divorce or custody proceeding are not always taken seriously. These allegations often are wrongly perceived as false because they are asserted in a contentious environment and because of the widespread myth that parents fabricate domestic violence and child abuse allegations in order to gain an advantage in court. When combined with the misuse of psychological syndrome evidence, the perception that a parent has fabricated the allegations often results in unfair retribution against the reporting protective parent. (p. 39 http://www.leadershipcouncil.org/1/pas/dv.html

Silverman, J. G., Mesh, C. M., Cuthbert, C. V., Slote, K., & Bancroft, L. (2004). Child custody determinations in cases involving intimate partner violence: A human rights analysis. American Journal of Public Health, 94 (6), 951-957. http://www.ajph.org/cgi/content/full/94/6/951 Intimate partner violence and child abuse are recognized both as public health concerns and as violations of human rights, but related government actions and inactions are rarely documented as human rights violations in the United States. Men who abuse female partners are also highly likely to abuse the children of these women. However, family courts are reported to often ignore risks posed by abusive men in awarding child custody and visitation. Battered women involved in child custody litigation in Massachusetts (n = 39) were interviewed. A recurring pattern of potential human rights violations by the state was documented, corresponding to rights guaranteed in multiple internationally accepted human rig

Rockey, Arlaine. (2003). Custody Cases: Protecting Children from Sexual Abuse. article available at http://www.arlainerockey.com/ Why Aren't the Children Protected? When allegations of child sexual abuse arise during a custody case, unfortunately, the professionals who are involved often look first to question the motives and veracity of the protective parent rather than to what they can do to protect the child. Most people think that making allegations of sexual abuse is a sure way for the protective parent to win the custody case. Nothing could be further from the truth. There is a backlash in full force in our legal system against protective parents. “Protective parents” are those acting to protect their children from abuse, be it physical or sexual. Protective parents are, much more often than not, mothers. The Fathers Rights Movement has been built on the myth that evil mothers have lodged false allegations of sexual or physical abuse or domestic violence against millions o

Pagelow, M. D. (1993). Justice for victims of spouse abuse in divorce and child custody cases. Violence and Victims, 8 (1), 69-83. Noting that batterers' often use of custody disputes as a power tactic and the likelihood of batterers to abuse the children. Abstract: Unequal power positions and domination-subordination roles of battering husbands and battered wives during marriage contaminate the process of separation and divorce. These dynamics may continue long after the marriages cease. Risks of extreme violence, rape, and homicide are highest when victims seek freedom. Because both victims and abusers construct a veil of secrecy while married, even if abused wives disclose the violence during the separation process, there may be nothing to substantiate their claims. Restraining orders often fail to restrain obsessed husbands; other husbands may get revenge by using their children as pawns. Attitudes favoring fathers' rights and joint custody may help win unfair financial

Myers, John E. B. (1997). A Mother's Nightmare - Incest: A Practical Legal Guide for Parents and Professionals . Thousand Oaks, CA: Sage. In cases of child molestation, there is rarely any proof save the disclosure by the child. When family court judges hear unproved accusations, they often assume that the accusing parent is lying in order to smear the other parent. That's a crime punishable by loss of custody. As a result, many mothers who make good faith accusations of child sexual abuse are losing custody of their children to the alleged abuser. http://www.leadershipcouncil.org/1/pas/dv.html

Myers, John E. B. (1997). A Mother's Nightmare - Incest: A Practical Legal Guide for Parents and Professionals . Thousand Oaks, CA: Sage. In cases of child molestation, there is rarely any proof save the disclosure by the child. When family court judges hear unproved accusations, they often assume that the accusing parent is lying in order to smear the other parent. That's a crime punishable by loss of custody. As a result, many mothers who make good faith accusations of child sexual abuse are losing custody of their children to the alleged abuser. http://www.leadershipcouncil.org/1/pas/dv.html

Meier, J. S. (2009). Parental Alienation Syndrome and Parental Alienation: Research Reviews . VAWnet: National Online Resource Center on Violence Against Women. Reports that "alienation claims have become ubiquitous in custody cases where domestic violence or child abuse is alleged," often resulting in custody being awarded to the alleged abuser. http://www.leadershipcouncil.org/1/pas/dv.html

McDonald, M. (1998). The myth of epidemic false allegations of sexual abuse in divorce cases. Court Review , 12-19. The beliefs that false allegations of sexual abuse in divorce are epidemic and that it is mothers who falsely accuse fathers are not supported by good, methodologically sound research. "It seems easier to believe that a mother is insane than that a clean-cut, handsome man would sexually offend his children. The mother may present to the court as anxious, stressed and upset about the situation, which in some minds seems to support the idea of her insanity." http://www.leadershipcouncil.org/1/pas/dv.html

Kleinman, T. G. (2004). Child Protection and Child Custody: Domestic Violence, Abuse, and Other Issues of Child Protection . Journal of Child Custody, 1 (1), 115-126. (pdf) A child's need for safety should trump any and all other considerations in family law. Child-service agencies cannot be expected to both promote reunification and child protection simultaneously. The author asserts that legislatures need to change the laws such that it is clear to the court that children come first and that safety is paramount. Although visitation between child and parent is considered to be a fundamental right, this right can and should be abrogated when initial evidence shows that such contact poses a risk of danger to the emotional or physical health and safety of the child. A new and specially trained court dealing only with issues of family violence and abuse may need to be considered. http://www.leadershipcouncil.org/1/pas/dv.html

Keating, Sharon S. (1988). Children in Incestuous Relationships: The Forgotten Victims, 34 Loyola Law Review 111. Discusses the many injustices that children who have been the victims of incest suffer in our present court system.  The courts are returning children to parents who are accused of molesting them, in spite of significant physical and psychological evidence that the abuse occurred.  This article discusses how courts work and how they have little patience with a parent who will not compromise.  "If a parent believes the child's story that the abuse happened, reports the abuse to the proper authorities, feels anger toward the perpetrator, that parent is considered by the court to be unreasonable." However, these responses would be considered normal if the perpetrator were not a family member. Backlash groups have painted pictures of modern day witchhunts and McCarthy-type hearings, attempting to shift the focus from abused children to innocent fathers who are b

(2007, Jan 13). Fourth Battered Mothers Custody Conference. Albany, NY. Sixteen women testified before the Truth Commission at the Fourth Battered Mothers Custody Conference about their family law cases, which covered eleven states. The common theme that emerged from the testimony is that there is a widespread problem of abusive parents being granted custody of children and protective parents having their custody limited or denied, and/or being otherwise punished. There is a crisis in the custody court system, which has resulted in thousands of children being sent to live with abusers while safe, protective parents, primarily mothers, are denied any meaningful relationship with their children. The court system has failed to respond appropriately to domestic violence and child abuse cases involving custody. The Commission found many common errors made by the courts and the professionals they rely upon which contribute to these tragedies. These same mistakes have negatively impacted b

National Council of Juvenile and Family Court Judges. (2006). Navigating Custody & Visitation Evaluations in Cases with Domestic Violence: A Judge’s Guide (2nd edition). Reno, NV: NCJFCJ. ( download PDF ) EXCERPT from page 19: "Children in contested custody cases may indeed express fear of, concern about, distaste for, or anger with one parent. And those feelings may sometimes have been fostered or encouraged by alienating behaviors on the part of the other parent. On the other hand, there are a variety of competing explanations that need to be explored-including the very real possibility that the children are responding to concerns based in their own experience with the parent from whom they feel estranged." Read whole excerpt http://www.leadershipcouncil.org/1/pas/dv.html

National Center for State Courts. (1997). Domestic violence and child custody disputes: A resource handbook for judges and court managers. Williamsburg, VA: author. [National Center for State Courts, 300 Newport Avenue, Williamsburg, VA23185]. By Susan L. Keilitz, Courtenay V. Davis, Carol R. Flango, Ann M. Jones, Meredith Peterson and Dawn Marie Spinozza. National Center for State Courts. 1997. The purpose of this handbook is to provide judges and court managers a concise guide to resources for: Determining when Domestic Violence is occurring between the parties to a dispute over child custody or visitation; Coordinating the management of custody and visitation disputes involving Domestic Violence to maximize the safety and efficiency of court processes; and Using resources to ensure that resolutions to custody and visitation disputes effectively address the best interest of the child and the safety of Domestic Violence victims. Published by the National Center for State Courts

Stahly, G .B., Oursler, A., & Takano, J. (1988, April). Family violence and child custody: A survey of battered women's fear and experiences . Paper presented at the annual meeting of the Western Psychological Association, San Francisco. [Cited in Liss, M. B., & Stahly, G .B. (1993). Domestic violence and child custody. In M. Hansen, & M. Harway (Eds.), Battering and family therapy: A feminist perspective (175-187). Thousand Oaks, CA : Sage.] In this pilot study of battered women's experiences with child custody (n = 94), mothers reported that their batterer frequently used threats against the children in an attempt to keep the woman from leaving them. Twenty-five percent of battered women reported that their batterer threatened to hurt the children, 25% reported that he threatened to kidnap the children, and 35% reported that the batterer threatened to take the children away through a custody action. http://www.leadershipcouncil.org/1/pas/dv.html

Stahly, G. B., Krajewski, L., Loya, B. Uppal, K., German, G., Farris, W., Hilson, N., & Valentine, J. (2004). Protective Mothers in Child Custody Disputes: A Study of Judicial Abuse. In Disorder in the Courts: Mothers and Their Allies Take on the Family Law System (a collection of essays), electronic download available at http://store.canow.org/products.php?prod_id=3 To better understand the problems that protective parents face in the legal system, researchers at California State University, San Bernardino, are performing an on-going national survey. To date, over 100 self-identified protective parents have completed the 101-item questionnaire. The study found that prior to divorce, 94% of the protective mothers surveyed were the primary caretaker and 87% had custody at the time of separation. However, as a result of reporting child abuse, only 27% were left with custody after court proceedings. 97% of the mothers reported that court personnel ignored or minimized reports of ab

Stahly, G. B. (1990, April). Battered women's problems with child custody. In G. B. Stahly (Chair), New directions in domestic violence research . Symposium conducted at the annual meeting of the Western Psychological Association, Los Angeles. [Cited in Liss, M. B., & Stahly, G .B. (1993). Domestic violence and child custody. In M. Hansen, & M. Harway (Eds.), Battering and family therapy: A feminist perspective (175-187). Thousand Oaks, CA : Sage.] Sociologist Geraldine Stahly, PhD., surveyed battered women's shelters in order to gather information on extent of custodial problems encountered by women seeking shelter services. Of the more than 100,000 women reported on by the shelter staff, 34% reported the batterer threatened to kidnap their children; and 11% of batterers had actually kidnapped a child. In 23% of cases batterers had threatened legal custody action, and in 7% of the cases known to the shelter staff, such actions had already been filed. In 24% of the ca

Saccuzzo, D. P., & Johnson, N. E. (2004). Child custody mediation’s failure to protect: Why should the criminal justice system care? National Institute of Justice Journal , 251, 21-23. Available at http://ncjrs.org/pdffiles1/jr000251.pdf The researchers looked at mediations in which the parties could not reach a mutual agreement. They compared 200 mediations involving charges of DV with 200 non-DV mediations. Joint legal custody was awarded about 90% of the time, even when domestic violence was an issue. Mothers alleging domestic violence only received primary physical custody 35% of the time. Attorneys who represented mothers at these proceedings said that they often advised their clients not to tell the mediator about domestic abuse. After looking at the results of such mediations, the researchers determined that the attorneys’ advice may well be justified; women who informed custody mediators that they were victims of domestic violence often received less favorable custody awa

Rosen, L. N., & O'Sullivan, C. S. (2005). Outcomes of custody and visitation petitions when fathers are restrained by protection orders: The case of the New York family courts. Violence Against Women, 11 (8), 1054-1075. A random sample of custody and visitation petitions filed in New York City Family Courts in 1995 was used to examine outcomes of mothers' Order of Protection (OP) Petitions in relation to parents' custody and visitation petitions. Fathers restrained by OPs were more likely to secure visitation orders (64%) than not. In contrast, 80.8% of fathers' custody petitions were dismissed when they were restrained by OPs. Fathers' custody petitions were most likely to be ordered when mothers' OP petitions were withdrawn. Mothers were most likely to secure custody when their OP petitions were ordered or withdrawn. Courts rarely denied petitions. Those that did not result in court orders were either withdrawn by the petitioner or dismissed by the court

Morrill, A. C., Dai, J., Dunn, S., Sung, I., & Smith, K. (2005). Child custody and visitation decisions when the father has perpetrated violence against the mother. Violence Against Women, 11 (8), 1076-1107. This research evaluated the effectiveness of statutes mandating a presumption against custody to a perpetrator of domestic violence (DV) and judicial education about DV. Across six states, the authors examined 393 custody and/or visitation orders where the father perpetrated DV against the mother and surveyed 60 judges who entered those orders. With the presumption, more orders gave legal and physical custody to the mother and imposed a structured schedule and restrictive conditions on fathers' visits, except where there was also a "friendly parent" provision and a presumption for joint custody. Thus it appears that a presumption against custody to a perpetrator of DV is effective only when part of a consistent statutory scheme. http://www.leadershipcouncil.org/

Meier, Joan. Domestic Violence, Child Custody, and Child Protection: Understanding Judicial Resistance and Imagining the Solutions, A.U. J. Gender, Soc. Pol. & the Law, 11:2 (2003), 657-731, p. 662, n. 19, and Appendix. Joan Meier surveyed the 2001 case law and identified 38 appellate state court decisions concerning custody and domestic violence. She found that 36 of the 38 trial courts had awarded joint or sole custody to alleged and adjudicated batterers. Two-thirds of these decisions were reversed on appeal.These cases included a case in which the perpetrator had been repeatedly convicted of domestic assault ( In re Custody of Zia, 736 N.E. 2d 449 [Mass. App. Ct. 2000]); in which a father was given sole custody of a16-month old despite his undisputed choking of the mother resulting in her hospitalization and his arrest ( Kent v. Green , 701 So. 2d 4 [Ala. Civ. App. 1996]); in which the father had broken the mother's collarbone ( Couch v. Couch, 978 S.W.2d 505 [Mo. App. 199

Lowenstein, S. R. (1991). Child sexual abuse in custody and visitation litigation: Representation for the benefit of victims. UMKC Law Review, 60 , 227-82. Sharon Lowenstein examined 96 custody and visitation disputes involving allegations of child sexual abuse from 33 states. Visitation was the principal issues in 36 cases. The father was alleged to have sexually molested their child in each of these 36 cases. Yet in two-thirds (24) of these cases fathers were granted unsupervised visitation. Custody was the principle issue in 56 cases. In 27 of the 56 cases (48%) mothers lost custody. In 17 of these cases (63%) the mother lost custody to a father alleged to be a perpetrator. In two cases (3.6%) fathers lost custody. No father lost custody to a mother whose household included an alleged perpetrator (either the mother, a stepfather, the mother's boyfriend, or one of mother's relatives). http://www.leadershipcouncil.org/1/pas/dv.html

Logan, T. K., Walker, R., Jordan, C. E., & Horvath, L. S. (2002). Child custody evaluations and domestic violence: Case comparisons. Violence & Victims, 17 (6), 719-42. This study is one of the first to examine characteristics of disputed custody cases and their custody evaluation reports differences between domestic violence and non-domestic violence cases. This study selected a 60% random sample of cases with custody evaluations in Fiscal Year 1998 and 1999 (n = 82 cases). Out of the 82 cases, 56% (n = 46) met criteria for classification into the domestic violence group and 44% (n = 36) did not. In general, results indicated that although there were some important differences in court records between cases with and without domestic violence, there were only minor differences between custody evaluation reported process and recommendations for the two groups. http://www.leadershipcouncil.org/1/pas/dv.html

Kernic, M.A., Monary-Ernsdorff, D. J., Koepsell, J. K., & Holt, V. L. (2005). Children in the crossfire: Child custody determinations among couples with a history of intimate partner violence. Violence Against Women , 11 (8), 991-1021. This retrospective cohort study examined the effects of a history of interpersonal violence (IPV) on child custody and visitation outcomes. The investigators analyzed documentation on more than 800 local couples with young children who filed for divorce in 1998 and 1999. These included 324 cases with a history of domestic violence and 532 cases without such a history. The researchers estimate that at least 11.4% of Seattle divorce cases involving couples with dependent children involve a substantiated history of male-perpetrated domestic violence. The findings reveal a lack of identification of IPV even among cases with a documented, substantiated history, and a lack of strong protections being ordered even among cases in which a history of substan

Johnson, N. E., Saccuzzo, D. P., & Koen, W. J. (2005). Child custody mediation in cases of domestic violence: Empirical evidence of a failure to protect. Violence Against Women, 11 (8), 1022-1053. This study shows that victims of domestic violence (DV) are greatly disadvantaged when states require mediation of child custody disputes. The investigators empirically evaluated outcomes and found that mediators failed to recognize and report DV in 56.9% of the DV cases. The court's screening form failed to indicate DV in at least 14.7% of the violent cases. Mediation resulted in poor outcomes for DV victims in terms of protections, such as supervised visitation and protected child exchanges. As a result, the capacity of mediators to focus on the child's best interest is called into question. http://www.leadershipcouncil.org/1/pas/dv.html

Goelman, D. M., Lehrman, F. L., & Valente, R. L. (Eds.). (1996). The impact of domestic violence on your legal practice:  A lawyer's handbook . Washington D.C.: ABA Commission on Domestic Violence. "Custody litigation frequently becomes a vehicle whereby batterers attempt to extend or maintain their control and authority over the abused parents after separation... Be aware that many perpetrators of domestic violence are facile manipulators, presenting themselves as caring, cooperative parents and casting the abused parent as a diminished, conflict-inciting, impulsive or over-protective parent." http://www.leadershipcouncil.org/1/pas/dv.html

The authors examined 214 allegations of sexual abuse in divorce cases that were evaluated by a multidisciplinary team at a university-based clinic. 72.6% were determined likely, 20% unlikely, and 7.4% uncertain. The temporal relationship between allegations and divorce were analyzed and results revealed that in cases where CSA was judged to be likely or uncertain, in 18% of these cases divorce followed discovery of sexual abuse, in 32% cases discovery of sexual abuse followed divorce, in 34% of cases sexual abuse followed divorce, and 16% of allegations were found to be unrelated to divorce. Of the 20% of cases that were judged to be false or possibly false cases, only approximately a quarter (n = 10) were determined to have been consciously made. The remainder were classified as misinterpretations. Faller and DeVoe found that 40 concerned parents experienced negative sanctions associated with raising the issue of sexual abuse. These sanctions included being jailed, losing custody to

Evaluations Involving Battered Women:  What Does Psychological Research Tell Us?  Family Law Quarterly vol 39, no. 1, p. 87-108 .  Erickson notes: The effects of domestic violence on survivors, who are primarily women, may be severe. Battered women's advocates often note that, in custody cases, the batterer often "looks better" to the court than the victim does because he is confident and calm, whereas she is still suffering the effects of his abuse and therefore may appear hysterical, weepy, anger, or otherwise not "together." When a custody evaluation is conducted by a psychologist, the revised version of the Minnesota Multiphasic Personality Inventory (MMPI-2) is often used as part of the evaluation process. The MMPI-2, like other traditional psychological tests, was not designed to be used in custody evaluations and arguably should not be used for such purpose except "when specific problems or issues that these tests were designed to measure appear s

Emery, R. E., Otto, R. K., & O'Donohue, W. T. (2007). Custody Evaluations: Limited Science and a Flawed System. Psychological Science in the Public Interest, 6 (1), 1-29. Theoretically, the law guides and controls child custody evaluations, but the prevailing custody standard (the ''best interests of the child'' test) is a vague rule that directs judges to make decisions unique to individual cases according to what will be in children's future (and undefined) best interests. Furthermore, state statutes typically offer only vague guidelines as to how judges (and evaluators) are to assess parents and the merits of their cases, and how they should ultimately decide what custody arrangements will be in a child's best interests. In this vacuum, custody evaluators typically administer to parents and children an array of tests and assess them through less formal means including interviews and observation. Sadly, we find that (a) tests specifically developed

Bemiller, Michelle. (2008). When Battered Mothers Lose Custody: A Qualitative Study of Abuse at Home and in the Courts. Journal of Child Custody, 5 (3/4), 228-255. Available here ($) Abstract: The following study adds to research that examines child custody cases involving a history of interpersonal violence. This study contributes to past research by providing qualitative accounts of women's experiences with intimate partner violence prior to custody loss, institutional abuse at the hands of the family court, and abuse experienced after custody loss. Data come from a convenience sample of 16 noncustodial mothers from northeastern Ohio. Findings support past research, which finds corruption, denial of due process, and gender bias in the family court system. Policy recommendations are made and future research directions suggested. http://www.leadershipcouncil.org/1/pas/dv.html

Ackerman, M. J., & Ackerman, M. C. (1996). Child custody evaluation practices: A 1996 survey of psychologists. Family Law Quarterly, 30 , 565-586. Research has found that many custody evaluators consider alienation of more significance than domestic violence in making custody recommendations. A survey of 201 psychologists from 39 states who conducted custody evaluations indicated that domestic violence was not considered by most to be a major factor in making custody determinations. Conversely, three-quarters of the custody evaluators recommended denying sole or joint custody to a parent who "alienates the child from the other parent by negatively interpreting the other parent's behavior." http://www.leadershipcouncil.org/1/pas/dv.html

Wood, C. L. (1994). The parental alienation syndrome: A dangerous aura of reliability. Loyola of Los Angeles Law Review, 27 , 1367-1415. http://fact.on.ca/Info/pas/wood94.htm Attorney Cheri Wood (1994) suggests that although Gardner 's self-published theories do not have any empirical grounding, they have been given a "dangerous and undeserved aura of reliability and trustworthiness" in the courtroom. Wood concludes that PAS should not be admissible in court for the following reasons: (1) because it has not gained acceptance among experts in the field, (2) because of difficulties in determining causation, and (3) because it endangers children. http://www.leadershipcouncil.org/1/pas/faq.htm

Walker, L. E., Brantley, K. L., & Rigsbee, J. A. (2005). A Critical Analysis of Parental Alienation Syndrome and Its Admissibility in the Family Court. Journal of Child Custod y, 1(2), 47-74. [ download from Haworth $ ] ABSTRACT: Over the past three decades, a syndrome, titled Parental Alienation Syndrome (PAS), has been proposed to explain behaviors by a child who refuses to spend time with a parent and actually denigrates that parent within the context of a child custody dispute. The association of certain negative behaviors by one parent (called the 'alienator') towards the other parent (called the 'target parent') are said to be the cause of the child's (called 'alienated child') behavior. Although some mental health professionals and child custody evaluators, attorneys, and judges have been quick to accept and admit PAS as evidence in these disputes, especially in those that have cross-complaints alleging family violence, there has been no consiste

Ragland, E. R. & Fields, H. (2004). Parental Alienation Syndrome: What Professionals Need to Know. NCPCA Update , 16(6-7). Alexandria, VA: American Prosecutors Research Institute. Part one: NCPCA Update Newsletter Volume 16, Number 6, 2003 Part two: NCPCA Update Newsletter Volume 16, Number 7, 2003 The purpose of this article is to briefly discuss the major premises upon which PAS is based, and to identify key weaknesses. Part 2 of this Update considers case law and strategies for meeting PAS defenses. http://www.leadershipcouncil.org/1/pas/faq.htm

Poliacoff, J. H., Greene, C. L., & Smith, L. (1999). Parental Alienation Syndrome: Frye v. Gardner in the family courts. Family Law Commentator (Florida Bar), 25 (4), 19-20, 30-33. http://www.gate.net/%7Eliz/liz/poliacoff.htm This article explores the shortcomings of PAS under Frye and Daubert and reviews relevant case law pertaining to the admissibility of PAS in court. Ethical dilemmas that mental health professionals face when serving as experts in these cases are explored and alternative areas for inquiry into the source of impaired parent child relationships occurring in the context of child custody  litigation are offered. http://www.leadershipcouncil.org/1/pas/faq.htm

National Council of Juvenile and Family Court Judges. (2006). Navigating Custody & Visitation Evaluations in Cases with Domestic Violence: A Judge’s Guide (2nd edition). Reno, NV: NCJFCJ. ( download PDF ) EXCERPT from page 24: "The discredited "diagnosis" of "PAS" (or allegation of "parental alienation"), quite apart from its scientific invalidity, inappropriately asks the court to assume that the children'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 children's responses by acting in violent, disrespectful, intimidating, humiliating and/or discrediting ways toward the children themselves, or the children's other parent. The task for the court is to distinguish between situations in which children are critical of one parent because they have been inappropriately

Meier, Joan S. (January 2009). Parental Alienation Syndrome & Parental Alienation: Research Reviews . VAWnet: The National Online Resource Center on Violence Against Women. HTML: http://new.vawnet.org/category/Main_Doc.php?docid=1679 This VAWnet document provides a historical and research overview of Parental Alienation Syndrome and Parental Alienation, identifies strategic issues for advocates working with victims, and offers guidelines to improve courts' treatment of these issues. http://www.leadershipcouncil.org/1/pas/faq.htm

McDonald, M. (1998). The myth of epidemic false allegations of sexual abuse in divorce cases. Court Review , 12-19. http//www.omsys.com/mmcd/courtrev.htm It is commonly believed that false allegations of sexual abuse in the context of divorce are epidemic, that most allegations made in the context of divorce are made by vindictive mothers and that these allegations are almost always false. These beliefs are not supported by scientific evidence. http://www.leadershipcouncil.org/1/pas/faq.htm

Kleinman, T. G. (2004). Strategies and Pretrial Hearings for Child Protection . Journal of Child Custody, 1 (2), 105-112. (pdf) In order to provide maximum protection to abused children, the protective parent or counsel must avail themselves of all of the tools at their disposal from the very start of litigation in custody and/or visitation disputes involving family violence. This column sets forth examples of pretrial motions, hearings, and other strategies. These are used to provide the court with detailed information about the abuse that has happened and the impact that the courts decisions will have upon the children involved. [Article copies available for a fee from The Haworth Document Delivery Service: 1-800-HAWORTH. E-mail address: <docdelivery@haworthpress.com>Website: <http://www. HaworthPress.com> 2004 by The Haworth Press, Inc. All rights reserved.] http://www.leadershipcouncil.org/1/pas/faq.htm

Justice for Children. (2001). Amicus Curiae Brief of Justice For Children in Linville v. Linville (PDF) . Brief filed by Justice for Children in a custody case heard by Maryland Court of Special Appeals. The brief provides a Frye-analysis asking whether evidence of PAS is reliable and relevant in child custody cases. discusses the lack of scientific support for PAS rendering it inadmissible under Frye. http://www.leadershipcouncil.org/1/pas/faq.htm

Jennifer Hoult. (Spring 2006). The Evidentiary Admissibility of Parental Alienation Syndrome: Science, Law, and Policy, Children's Legal Rights Journal, 26(1) pp. 1-61. Abstract: Since 1985, in jurisdictions all over the United States, fathers have been awarded sole custody of their children based on claims that mothers alienated these children due to a pathological medical syndrome called Parental Alienation Syndrome ("PAS").  Given that some such cases have involved stark outcomes, including murder and suicide, PAS' admissibility in U.S. courts deserves scrutiny. This article presents the first comprehensive analysis of the science, law, and policy issues involved in PAS' evidentiary admissibility.  As a novel scientific theory, PAS' admissibility is governed by a variety of evidentiary gatekeeping standards that seek to protect legal fora from the influence of pseudo-science.  This article analyzes every precedent-bearing decision and law review article

Faller, K. C. (1998). The parental alienation syndrome: What is it and what data support it? Child Maltreatment, 3 (2), 100-115. ( PDF ) This article describes proposed characteristics and dynamics of PAS, and the methods used to document its presence. Research data related to various tenets of the syndrome are then reviewed. Dr. Faller notes that "The parental alienation syndrome is a nondiagnostic syndrome. It is only useful for mental health professionals in explaining the symptom presentation if they know from other information that an abuse allegation is a deliberately made, false accusation. The syndrome cannot be used to decide whether the child has been sexually abused. As a consequence, it is of little probative value to courts in making decisions about the presence or absence of sexual abuse .... An additional problem with the parental alienation syndrome is that virtually every symptom described by Gardner as evidence of its presence, and consequent false charges agai

Dallam, S. J. (n.d.). Are Allegations of Sexual Abuse That Arise During Child Custody Disputes Less Likely to Be Valid? An Annotated Review of the Research . This article examines the scientific support for PAS along with its underlying assumptions and logic. This theory's relevance to child abuse allegations that arise during child custody disputes is also explored. http://www.leadershipcouncil.org/1/pas/faq.htm

Dallam, S. J. (1998). Dr. Richard Gardner: A review of his theories and opinions on atypical sexuality, pedophilia, and treatment issues. Treating Abuse Today, 8 (1), 15-23. While Gardner 's theories about PAS and mass sexual abuse hysteria have been widely criticized, his views on bona fide child sexual abuse and his treatment recommendations for working with incestuous families have largely been ignored. This article provides an in-depth exploration of Gardner 's views on pedophilia and his therapeutic approach to working with families in which a child has been molested by a parent http://www.leadershipcouncil.org/1/pas/faq.htm

Dallam, S. J. (1999). Parental Alienation Syndrome: Is it scientific? In E. St. Charles & L. Crook (Eds.), Expose: The failure of family courts to protect children from abuse in custody disputes . Los Gatos, CA: Our Children Our Children Charitable Foundation. This article examines the scientific support for PAS along with its underlying assumptions and logic. This theory's relevance to child abuse allegations that arise during child custody disputes is also explored. http://www.leadershipcouncil.org/1/pas/faq.htm

Bruch, Carol S. Parental (2001).Alienation Syndrome and Parental Alienation: Getting It Wrong in Child Custody Cases. Family Law Quarterly, 35 , 527 Available on-line at http://www.abanet.org/family/familylaw/fam353_06_bruch_527_552.pdf According to Bruch, the deficiencies in PAS theory are multiple. In addition to its lack of scientific support, Bruch notes the following problems: First, Gardner confounds a child's developmentally related reaction to divorce and high parental conflict (including violence) with psychosis. In doing so, he fails to recognize parents' and children's angry, often inappropriate, and totally predictable behavior following separation. Second, possibly as a consequence of these errors and his tail-of-the-elephant view, Gardner vastly overstates the frequency of cases in which children and custodial parents manufacture false allegations or collude to destroy the parent-child relationship. Third, in this fashion, PAS shifts attention away from t

The Evidentiary Admissibility of Parental Alienation Syndrome American Psychological Association. (1996). Report of the APA Presidential Task Force on Violence and the Family , Washington, D.C : Author. Available at http://www.apa.org/pi/pii/familyvio/issue5.html Noting that custody and visitation disputes appear to occur more frequently when there is a history of domestic violence.  Family courts often do not consider the history of violence between the parents in making custody and visitation decisions.  In this context, the nonviolent parent may be at a disadvantage, and behavior that would seem reasonable as a protection from abuse may be misinterpreted as a sign of instability. Psychological evaluators not trained in domestic violence may contribute to this process by ignoring or minimizing the violence and by giving inappropriate pathological labels to women's responses to chronic victimization.  Terms such as `parental alienation' may be used to blame the women for the

The Leadership Council 610-664-5007 FOR IMMEDIATE RELEASE Child Abuse Experts Applaud Legal Community for Rejecting  Parental Alienation Syndrome July 12, 2006   Bala Cynwyd, Pa.   People who care about abused children finally have something to celebrate. Two recent high profile legal publications have rejected "Parental Alienation Syndrome" (PAS), a controversial label often used to discredit allegations of child abuse or domestic violence in family courts. According to PAS theory, children's disclosures of abuse by one parent are reinterpreted as evidence of "brainwashing" by the other parent. The solution proposed by PAS theory is to immediately award custody to the alleged child abuser.  The newly revised, 2006 edition of " Navigating Custody and Visitation Evaluations in Cases with Domestic Violence: A Judge's Guide ," published by The National Council of Juvenile and Family Court Judges , includes a strong statement condemning the use of PA

Court Rulings Against Parental Alienation     (A compilation of court rulings that have contested the controversial Parental Alienation Syndrome) ... The credibility of Dr Richard Gardner, originator of Alienation/Parental Alienation should be given serious consideration before his views are adopted in by this court, especially when determining the best interests... parent ingabusedkids.wordpress.com/2009/09/23/court-ruli... A compilation of court rulings that have contested the controversial Parental Alienation Syndrome) The credibility of Dr Richard Gardner, originator of Alienation/Parental Alienation should be given serious consideration before his views are adopted in by this court, especially when determining the best interests of vulnerable children . Dr. Gardner has used Parental Alienation Syndrome “PAS” as a career opportunity while the lives of women and children are put at risk and families are torn apart. Dr. Gardner worked as a paid court witness, earning up

EXCERPTS QUOTES : “…Parental Alienation Syndrome shifts attention away from the dangerous behavior of the parent alleging the Parental Alienation Syndrome. Secondly, a child’s reluctance or refusal to visit a parent alleging Parental Alienation Syndrome may be better explained by that non-custodial parent’s behavior, by the child’s developmental stage and the child’s reaction to divorce and parental conflict than by the Parental Alienation Syndrome. I submit that in seventeen years representing thousands of children,those factors, and not the Parental Alienation Syndrome, most often describe a child’s relationship with the non-custodial parent, including their willingness or non-willingness to engage in visitation. I ask the social scientists, the psychologists and the judiciary to first consider these factors in assessing the problem in the non-custodial parent/child relationship.” –Junk Science v. Novel Scientific Evidence: Parental Alienation Syndrome, Getting It Wrong in Cus

MUST READ ARTICLES REGARDING ALIENATION     Parental Alienation : Which Diagnosis Should Evaluators Use in Child Custody Disputes? The American Journal of Family Therapy , 30 (2), 93-115. ... www.drhavlicek.com/must_read_articles.htm Gardner's Remedies for PAS             Gardner's "remedy" for purportedly severe PAS is extreme, including complete denial of maternal–child contact and "de-programming" the child through a concerted brainwashing effort to change the child's beliefs that they have been abused (Bruch, 2001; Gardner, 1992a; see also www.rachelfoundation.org ). In more than one case, children subjected to these procedures have become suicidal ,and in some cases killed themselves, in reaction to court orders to live with the father they said abused them (Bruch, 2001; Hoult, 2006). In other cases, courts have ordered children into jail and juvenile homes as part of Gardner's recommended "threat therapy" which is the stock i

Experts Warn About Dangers of Deprogramming Treatment     Feb 10, 2009 ... (news report of a child who committed suicide after being court-ordered in " Threat Therapy ". Girl, Interrupted · Parental Alienation ... www.leadershipcouncil.org/1/med/%20pr2_09.html Experts Warn About Dangers of Deprogramming Treatment  February 10, 2009: Specialists in childhood trauma and therapy from the Leadership Council have grave concerns about the ethics of deprogramming treatment described in a recent article published in the Globe and Mail (see: Judge Blocks Sending Teen for Deprogramming Treatment , Feb 7, 2009). We support the decision of the judge who refused to court-order deprogramming treatment (sometime called Reunification Therapy) overturning a 2008 arbitrator's order that the 14-year-old boy be coercively treated. The controversial treatment is designed to “deprogram” children who are “alienated” from one of their parents during divorce. Various forms of this type