Government and Academic Research Exposing The Epidemic Abuse Of Women And Children By The Family Court Industrial Complex
Saunders Study
The Saunders Study is peer-reviewed scientific research from the National Institute of Justice in the US Justice Department. One section concerns harmful outcome cases. These are extreme decisions, in which an alleged abusive father is given custody and a safe protective mother who is the primary attachment figure is limited to supervised or no visitation. Saunders founds these decisions are ALWAYS wrong and based on flawed practices. The reason they are always wrong is because denying children a normal relationship with their primary attachment figure causes an increased risk of depression, low self-esteem and suicide when older. This risk is greater than any benefit the court thought it was providing. This means it is urgent for the court to correct its mistake.
ACE's - Adverse Childhood Experiences Study
In the late 1990s, Kaiser Permanente, with the CDC, conducted the Adverse Childhood Experiences (ACE) Study. For the first time, ACEs were correlated to addiction, disease, mental health issues and other adverse life-experiences.
Making The Case for ACEs (How the Legal System Can Further Help Children and Take Meaningful Steps to Address ACEs)
Kevin Chroman, Esq, Adjunct Professor at Loyola Law School, Los Angeles, "The Family Court system is often the family's first entry point in its call for help, and the time has come for us to have a comprehensive, evidence-based, response to our children's needs. We should consider implementing ACE-based policies and programs as if our children's lives depend on it because, as we now know, they do.
Meier Study
Professor Joan S. Meier, Esq, Professor of Clinical Law and Director, National Family Violence Law Center at George Washington University Law School said, "Our research confirms that overall the courts reject mothers' abuse claims the majority of the time. Widespread complaints from protective parents (mostly mothers) have been that their reports of family abuse, especially child sexual abuse, are not only ignored and rejected, but often trigger punitive responses, including custody reversals, granting custody to the alleged abusive fathers. Our data confirms this, and also show that when there are cross-claims of parental alienation, approximately one in two mothers loses custody of their children to the alleged abuser."
Coercive Control Statute - California Family code § 6320
The Governor of California enacted a significant piece of legislation into law that unequivocally establishes “coercive control” as a form of domestic abuse in the Golden State. The legislation is actually an amendment to the California Domestic Violence Prevention Act. California Family Law Courts are not enforcing this statute.
Stop The Unlawful Disbarment Of Women's Civil Rights Attorney Pat Barry
Ms. Barry was unlawfully disbarred on June 30, 2017 and she is now suing the State Bar. She has not engaged in any illegal or any kind of unethical misconduct. Ms. Barry was the attorney who successfully argued and won the first sexual harassment case in the United States Supreme Court in 1986. She gained national fame from the case and appeared on the Oprah Winfrey Show in 1988. She is being discriminated against due to bias because she chooses to represent the protective parents which are mostly women/mothers who have been victims of domestic violence who are trying to protect their children from child abuse by the fathers.
Protective Moms Losing Custody to Abusive Ex-Partners
The Leadership Council on Child Abuse & Interpersonal Violence - By Stephanie Dallam.
Child Custody Justice - The Family Court System Is In Complete Disorder
Lundy Bancroft, DV and Child abuse expert, provides valuable resources, devoted to bringing about dramatic reforms in the treatment of abused mothers and abused children in family law proceedings. "Our society is currently giving mothers a powerful and crazy-making mixed message. First, it says to mothers, “If your children’s father is violent or abusive to you or to your children, you should leave him in order to keep your children from being exposed to his behavior.” But then, if the mother does leave, the society many times appears to do an abrupt about-face, and say, “Now that you are spilt up from your abusive partner, you must expose your children to him. Only now you must send them alone with him, without you even being around anymore to keep an eye on whether they are okay.” The sad result of this double-bind is that many mothers who take entirely appropriate steps to protect their children from exposure to abuse are being insulted by court personnel, harshly and unethically criticized and ridiculed in custody evaluations and psychological assessments, and required to send their children into unsupervised contact or even custody with their abusive fathers. And sometimes these rulings are coming in the face of overwhelming evidence that the children have both witnessed abuse and suffered it directly, evidence that would convince any reasonable and unbiased person that the children were in urgent need of protection. Family courts across the US and Canada appear to be guilty day in and day out of reckless endangerment of children."
Allegations of Sexual Abuse That Arise During Child Custody Disputes Are Highly Likely to Be Valid
The Leadership Council on Child Abuse & Interpersonal Violence - An Annotated Review of the Research
How often do children’s reports of abuse turn out to be false? Very Rarely.
Children Tend to Understate Rather than Overstate the Extent of Any Abuse Experienced. Research with children whose sexual abuse has been proven has shown that children tend to minimize and deny abuse, not exaggerate or over-report such incidents. In only 1% of the total cases were children judged to have advanced a fictitious allegation. Jones, D. P. H., and J. M. McGraw: Reliable and Fictitious Accounts of Sexual Abuse to Children.Journal of Interpersonal Violence, 2, 27-45, 1987.In a more recent study, investigators reviewed case notes of all child sexual abuse reports to the Denver Department of Social Services over 12 months. Of the 551 cases reviewed, there were only 14 (2.5%) instances of erroneous concerns about abuse emanating from children. These consisted of three cases of allegations made in collusion with a parent, three cases where an innocent event was misinterpreted as sexual abuse and eight cases (1.5%) of false allegations of sexual abuse. Oates, R. K., D.P. Jones, D. Denson, A. Sirotnak, N. Gary, and R.D. Krugman: Erroneous Concerns about Child Sexual Abuse. Child Abuse & Neglect 24:149-57, 2000.
Using A Child Custody Dispute To Discredit Allegations Of Sexual Abuse
Several sex offenders in treatment describe how they used a child custody dispute to prevent or discredit abuse allegations. Originally posted on Colorado Department of Correction's website.
Domestic Violence (DV) by Proxy: Why Terrorist Tactics Employed by Batterers Are Not "PAS"
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.
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.
Research Indicating That The Majority Of Cases That Go To Court As "High Conflict" Contested Custody Cases Have A History Of Domestic Violence
Compiled by Professor Joan S. Meier, Esq. George Washington University Law School. The majority of parents in "high-conflict divorces" involving child custody disputes report a history of domestic violence." Domestic violence issues should be seen as the norm, not the exception, in custody litigation.
California Case Law - Appeals Cases You Can Use
Family Violence Appellate Project, Oakland, California list of FVAP’s published cases regarding child custody. These cases are binding legal precedent in all trial courts in California, and can be used to support domestic violence-related cases in trial court. But please note: This is not a comprehensive list. Rather, it is a list of FVAP’s published successful custody appellate cases since 2012.
DV Leap Case Law and Briefs
Listed below are links to PDF documents related to a number of DV Leap cases in State Court Of Appeals and The Supreme Court.
Resources for attorneys and advocates representing protective parents
DV LEAP has partnered with the Dept. of Justice’s Office on Violence Against Women on a 2-year cooperative agreement to improve the family court system’s ability to protect children in custody cases involving domestic violence or child abuse. The agreement has concluded but great accomplishments and resources were achieved.
In partnership with the Leadership Council on Child Abuse and Interpersonal Violence, we provided education on critical issues that often determine case outcomes, such as the misuse of flawed parental alienation theories and failure to consider evidence of abuse. One particularly powerful aspect of the Project’s work was the development of a unique database of cases that have “Turned Around.” These are cases in which the initial custody order placed a child (or children) in dangerous contact with an abusive parent and a subsequent order protected the child. Analysis of these cases provided valuable understanding of how and why custody evaluations so frequently fail to identify or predict actual risk to children who are victims of family violence.
As as result of this Cooperative Agreement, DV LEAP and the Leadership Council produced a number of written tools and resource materials to assist professionals working in the family court system. Links to each of the documents are provided.
In partnership with the Leadership Council on Child Abuse and Interpersonal Violence, we provided education on critical issues that often determine case outcomes, such as the misuse of flawed parental alienation theories and failure to consider evidence of abuse. One particularly powerful aspect of the Project’s work was the development of a unique database of cases that have “Turned Around.” These are cases in which the initial custody order placed a child (or children) in dangerous contact with an abusive parent and a subsequent order protected the child. Analysis of these cases provided valuable understanding of how and why custody evaluations so frequently fail to identify or predict actual risk to children who are victims of family violence.
As as result of this Cooperative Agreement, DV LEAP and the Leadership Council produced a number of written tools and resource materials to assist professionals working in the family court system. Links to each of the documents are provided.
Eight Common Myths About Child Sexual Abuse
Few people are aware of the true state of the science on child abuse. Instead, most people's beliefs have been shaped by common misconceptions and popular myths about this hidden crime. Societal acceptance of these myths assists sex offenders by silencing victims and encouraging public denial about the true nature of sexual assaults against children. The Leadership Council prepared this analysis because we believe that society as a whole benefits when the public has access to accurate information regarding child abuse and other forms of interpersonal violence.
Memorandum On Due Process Violations In Family Court
The Due Process clauses of the Fifth and the Fourteenth Amendments state that the government cannot deprive people of life, liberty, or property without due process of law. U.S. CONST. amend. V, XIV. These amendments ensure that the government respects the essential rights of its citizens while exercising its authority. At their heart is the concern for fundamental fairness. In state family courts, the due process rights of parents involved in child custody disputes involves several procedural rights including adequate notice and adequate hearing. Additionally, the manner in which courts deal with guardian ad litem, ex parte communications with a party, and in camera interviews with children frequently raise issues of fundamental fairness. In many instances, these issues result in due process violations. Below is a brief summary of how state appellate and state supreme courts have treated due process violations. Of ninety cases dealing with due process in family courts within the past fifteen years, forty-six state courts, including sixteen state supreme court cases and thirty appellate court cases, found due processes violations of various types.
Myths That Place Children At Risk During Custody Litigation
Dallam. S. J., & Silberg, J. L. (Jan/Feb 2006). Myths that place children at risk during custody disputes. Sexual Assault Report, 9(3), 33-47. (PDF) Unfortunately custody litigation can become a vehicle whereby batterers and child abusers attempt to extend or maintain their control and authority over their victims after the marriage dissolves. Although, research has not found a higher incidence of false allegations of child abuse and domestic violence in the context of custody/visitation disputes, officers of the court tend to be unreasonably suspicious of claims raised during time. As a result, abused parents and their children may find themselves re-victimized by the justice system after separation.
Domestic abuse victims ‘silenced’ by family courts and forced into letting dangerous exes see children, warn campaigners
Expert says every week domestic abuse survivors tell her they have ‘either lost residence of their children to their abusers or are at imminent risk of doing so.
Post-Separation Abuse
Post separation abuse continues to escalate and often, far surpasses the DV that victims are subjected to while under the same roof as their abuser. After the relationship ends, the perpetrator sets their sights on the child(ren) to exert control and, to terrorize the healthy parent. Every high-conflict custody battle has three basic narratives: the abuser’s need for control, the abuser’s need to “win” and, the abuser’s desire to hurt or punish the healthy parent.
Amicus Briefs By The Leadership Council
The Leadership Council is dedicated to providing all courts with science-based advocacy to ensure that the justice system develops sound legal doctrines and metes out fair results based on methodologically valid research regarding interpersonal violence and the impact of trauma on individuals and society.
Mental Health Professionals Lack Training In Coercive Control
Lovefraud’s research with clients who sought therapy due to abusive relationships revealed that approximately half of clinicians did not identify personality disorders in the abusers, which delayed the clients’ understanding of their situations. Many of these clients actually found the therapy to be harmful.
Criminalizing Coercive Control Within The Limits Of Due Process
Erin Sheley, Associate Professor, California Western School of Law. The sociological literature on domestic abuse shows that it is more complex than a series of physical assaults. Abusers use “coercive control” to subjugate their partners through a web of threats, humiliation, isolation, and demands. The presence of coercive control is highly predictive of future physical violence and is, in and of itself, also a violation of the victim’s liberty and dignity. In response to these new understandings the United Kingdom has recently criminalized nonviolent coercive control, making it illegal to, on two or more occasions, cause “serious alarm or distress” to an intimate partner that has a “substantial effect” on their “day-to-day activities.” Such a vaguely drafted criminal statute would raise insurmountable due process problems under the U.S. Constitution.
Confronting the Challenge of High-Conflict Personality in Family Court (Santa Clara Law Study):
A groundbreaking research study into high-conflict personalities in divorce proceedings led by Santa Clara University School of Law Professor Michelle Oberman with Bay Area attorney Esther Rosenfeld revealed interesting findings. "Our study indicates there is a measurable problem within family courts wherein some high-conflict personalities are able to 'work the system' to the detriment of children. Quality education into the nature and effects of these personalities for the judiciary and attorneys alike should be mandated, so that courts are better equipped to spot issues and make appropriate rulings to protect children's best interest."
‘Women are routinely discredited’: How courts fail mothers and children who have survived abuse
Burdened by the high cost of legal help and penalized by courts that favor fathers, women risk losing children to abusive partners. This piece was published in partnership between the Guardian and the Fuller Project.
Study links child abuse, neglect to early death in adulthood
London [UK], September 25 (ANI): Children who experience sexual or physical abuse or are neglected, more likely to die prematurely as adults, according to a new study analysing data from the 1950s to the present by researchers at UCL and the University of Cambridge.
Factors influencing children to self-disclose sexual abuse
Self-disclosure by victims of child sexual abuse (CSA) is critical to initiate legal and therapeutic intervention. Unfortunately, research indicates that lengthy delays in disclosure and even nondisclosure are common. Preschool age children have been observed to be significantly less likely to disclose during the context of formal investigation (Dipietro, Runyan, & Fredrickson, 1997; Keary & Fitzpatrick, 1994). Gries, Goh, and Cavanaugh (1996) found younger children were more likely to require a second interview before disclosing. Communicative competency and the rigorous guidelines employed in abuse investigations have been cited as obstacles to disclosure for developmentally immature or delayed children and those with communicative disorders (Saywitz, Nathanson, & Snyder, 1993). A comprehensive review of the clinical and research literature on CSA and an overview of related bodies of literature was conducted. Areas addressed include the context of sexual abuse as it relates to disclosure, the context and elements of children’s disclosures, motivational factors inhibiting disclosure, and models of the disclosure process. Ancillary and analogue research on secrecy and disclosure are also reviewed. Implications for future research and practice are discussed.
Over One Hundred Mothers Denounce the United States of America Before the United Nations, for Human Rights Violations.
On Sunday, August 1, 2021, over one hundred mothers submitted a formal Complaint to the United Nations Commission on the Status of Women denouncing the United States Government, and the states within, for systematic human rights violations waged against women and children throughout the family court systems in the country. The Complaint was submitted by advocacy groups One Mom's Battle and Custody Peace with over one hundred women throughout the United States joining in the Complaint.
LoveFraud.com - Understanding Sociopathic and Narcissistic Abuse
What you need to know about relationships with sociopaths and narcissists. Lovefraud is great resource for understanding sociopaths — people with antisocial, narcissistic, borderline, histrionic or psychopathic personality disorders.