Mother Looses Custody For Reporting Child Sexual Abuse

Linda Marie Sacks January 2010 Article

Custody Crisis: Why Moms Are Punished in Court

Talk to mothers, divorce lawyers, and child advocates and you’ll hear tales of a family court system that’s badly broken.

Gina Kaysen Fernandes: To an outsider, Linda Marie Sacks had the perfect life. Her husband was rich, and they lived in a huge home in Daytona Beach, FL, where she spent her days shuttling her girls to school and various activities. Linda Marie describes herself as a “squeaky clean soccer mom” who “lived my life for my children.” Behind that façade, Linda Marie says she married a monster — a man who verbally and emotionally attacked her for years and sexually abused their two young daughters.

When she finally left him and tried to take her girls with her, she encountered a new monster — family court. Rather than protecting Linda Marie and her two young daughters from a sexual predator, a family court judge denied Linda Marie custody and put her daughters into the hands of their sexually abusive father.

Talk to mothers, divorce lawyers, and child advocates and you’ll hear tales of a family court system that’s badly broken. It’s one that routinely punishes women for coming forward with allegations of abuse by denying them custody of their children. Instead of protecting children from abusers and predators, the court often gives sole custody to the abusive parent, say child advocates. Mothers who tell judges their children are being molested or beaten are accused of lying and are punished for trying to intervene. Some are thrown in jail for trying to keep their kids from seeing an abusive parent. Women, many of whom have few financial resources at their disposal, are often at the mercy of a court system that is not designed to handle domestic violence.

Linda Marie first suspected something was wrong in 2002 when she received a shocking phone call from a school administrator. Her 7-year-old daughter was acting out sexually, with knowledge beyond her years. A short time later, the Sunday school teacher reported overhearing Linda Marie’s daughter saying, “I suck my dad’s penis.” She received more phone calls from school about her little girl using Barbie dolls to simulate oral sex with a boy in her class. “I was very concerned, these are alarming red flags,” said Linda Marie.

She consulted family therapists who also expressed alarm and concern, but failed to report these claims to an abuse hotline. In one of the therapy sessions, the oldest daughter drew a picture that depicted her father as an erect penis on legs. Linda Marie says she once walked in on her husband wiping her daughters’ vaginas in the bathroom before school, “because he told me he wanted them to be fresh.” When Linda Marie confronted her husband, he ignored and dismissed the allegations.

After 11 years of marriage, Linda Marie filed for divorce in 2004. Armed with detailed documentation, she believed the judge would grant her sole custody of her two daughters for their protection. “I was sheltered. I didn’t know I had stepped into a national crisis in the courts,” said Linda Marie, who spent tens of thousands of dollars in a legal battle that ended in the loss of her parental rights. Linda Marie has only seen her children during supervised visits for a total of 54 hours over the past two and a half years. “I’m one of the lucky moms,” she said, choking back tears. “Some bonds are severed forever. I’m thankful for my two hours a month.”

Some mothers like Lorraine Tipton of Oconto Falls, WI, have served jail time as the result of contentious custody arraignments. In November, a judge sentenced Lorraine to 30 days behind bars because she didn’t force her 11-year-old daughter to follow the court’s order to live every other week with her abusive father. “She’s terrified of going; she has night terrors and severe anxiety,” said Lorraine.

Her ex, Craig Hensberger, was arrested three times for domestic violence and once for child abuse. His criminal record also includes two DUI arrests, one of which happened while driving with his daughter. The court ordered Hensberger into rehab and demanded “absolute sobriety,” but his daughter claims he still drinks excessively when she visits.

Hensberger admitted in court that he still continues to drink, but the judge punished Lorraine instead for trying to protect her child. “My abuser is continuing his abuse of me and my daughter with the help of the court,” said Lorraine, who spent three days locked up until her daughter made the heart-wrenching decision to return to her father’s home so her mother could be released from jail. “He can’t get to me physically. The only way he knows how to hurt me is to take my child away.”

“What we are seeing amounts to a civil rights crisis,” says attorney and legal writer Michael Lesher, who co-authored the book From Madness To Mutiny: Why Mothers Are Running from the Family Courts — and What Can Be Done about It. Many judges and court-appointed guardians act above the law with apparent impunity, he argues.

“There’s no hearing, no evidence, no notice — they can take your child away from you,” Lesher tells momlogic. If a mother raises concerns or openly discusses child abuse in court, she typically ends up being the one under investigation. “Mom is guilty until proven innocent,” he says.

A family court judge with the Los Angeles Superior Court refused momlogic’s request for an interview to respond to these allegations.

Unlike criminal court, family court does not rely on criminal investigators to gather evidence in an alleged child abuse case. Instead, the court appoints family advocates known as “guardian ad litem,” or GAL, who are expected to investigate the abuse allegations and make their recommendation in the best interest of the child. GALs are sometimes licensed psychologists, social workers, or attorneys who are not necessarily trained in evaluating sexual abuse or domestic violence. They have the judge’s ear, and their opinions can alter a child’s future. There are no juries and there’s no mandate for legal representation. In fact, most women end up representing themselves because they can’t afford the attorney fees.

Most moms don’t want to take the case to criminal court because they prefer to keep the matter private. Legal experts contend the evidence in sexual abuse cases isn’t typically strong enough to hold up in criminal court to overcome the threshold of “beyond a reasonable doubt.” While the bar is set much lower for proving evidence in family court, advocates argue Child Protective Services frequently doesn’t want to get involved. “If there’s a custody battle going on, CPS won’t touch it,” says Irene Weiser of the advocacy group StopFamilyViolence.org.

There’s no doubt fathers play a critical role in a child’s life, and in most cases, are equally loving and capable parents who deserve custody. However, studies find when a wife accuses her husband of abuse, more than half the time, she faces a counter-accusation of “parental alienation syndrome,” or PAS. Although PAS is not a medically recognized disorder, divorce attorneys often successfully argue that it emerges when a parent brainwashes a child into thinking the other parent is the enemy.

The psychiatrist Richard Gardner, who first coined the phrase “parental alienation syndrome” in 1987, has written more than one hundred articles on the subject, but has offered no scientific data to support his theory. While it’s not considered a certifiable medical condition, PAS is widely accepted in the legal community.

“Parental Alienation unequivocally, categorically exists, and it’s a form of child abuse,” says author and forensic consultant Dean Tong. While he believes more studies need to be done to validate PAS, “it does exist, anecdotally speaking,” he says. As an expert witness, Tong has been called a “fathers’ rights prostitute” for his work in court clashes. But he also testifies for mothers who are fighting to appeal unfavorable rulings. For Tong, it’s about using forensics to find the truth. “I’m not here to protect guys who are guilty,” he says.

In years past, mothers were typically considered the “protective parent” in custody decisions when courts relied on the “Tender Years Doctrine,” which states that children under the age of 13 should live with their mothers. Recently, several courts have ruled that doctrine violated the Equal Protection Clause in the 14th amendment, and replaced it with the “Best Interests of the Children” doctrine. It’s a huge victory for the increasingly powerful Fatherhood Movement that contends dads are systematically alienated from their children after a divorce.

Tong argues the current legal climate continues to put fathers on the receiving end of false allegations. “It’s handcuffs first, speak later,” said Tong, who experienced that firsthand. In 1985, Tong’s ex-wife falsely accused him of sexually abusing his 3-year-old daughter. He spent time in jail and went through “a year of hell” trying to prove his innocence. While Tong was eventually cleared of any wrongdoing, he never regained custody of his kids, and remained under supervised visitation for years. Tong became a self-taught expert on the subject of family rights and abuse accusations. He has written three books, including Elusive Innocence: Survival Guide for the Falsely Accused.
“There’s an assumption that maintaining a child’s relationship with the father is a good idea — even if the father is abusive,” says Stop Family Violence’s Weiser, who believes when the overburdened court system is unable to sort out a custody conflict, it relies on misogyny. She argues there are many judges, GALs, and evaluators who believe that women are inherently vindictive and will lie to get a leg up in a custody battle. “We see it over and over again in family court, where judges or professionals don’t believe the violence is occurring,” Weiser says.

“All we have is ‘he said, she said.’ Who’s telling the truth? That’s up to the judge,” says Tong, who believes the justice system isn’t working for either side. “The system is not doing a good job interviewing kids, we’re still in the dark ages there,” says Tong, who thinks there needs to be more formal education and training for the professionals, including judges who are hearing child custody cases.

According to the American Bar Association, child abuse allegations in custody disputes are rare — occurring in only six percent of cases. The majority of those accusations are substantiated. In terms of false allegations, fathers are more likely than mothers to intentionally lie (21 percent, compared to 1.3 percent). In fact, abusive parents are more likely to seek sole custody than nonviolent ones, and are successful about 70 percent of the time.

After three years of litigation, Linda Marie Sacks says she was no match for her ex-husband’s financial resources and powerful connections. “He was buying his way through the courtroom.” Despite 10 calls into the abuse hotline by licensed professionals, Linda Marie’s ex-husband still claimed she was making false allegations of abuse to alienate his children, and the judge believed him. Linda Marie was kicked out of her home and put on supervised visitation with her two daughters, who are now ages 10 and 12. “The judge legally kidnapped my daughters and won’t give them back,” she said.

In some extreme cases, a custody decision will be reversed, which is what happened to Joyce Murphy. The San Diego mother was charged with kidnapping after she took her daughter out of state, away from the girl’s father, because she believed he was a child molester. The father, Henry Parson, accused Joyce of parental alienation and she lost custody. “Despite my pleas for protection to the police and the DA and the family court representatives, and even psychologists, Mr. Parson was able to convince them and the community at large that he was the victim, and I was just an angry, embittered, divorced woman,” explained Joyce.

Six years later, Parson was caught in the act and pleaded guilty to six counts of child abuse, which included oral sex with a child, molestation, possessing child porn, and using a child to make porn. After Parson received a six-year prison sentence, Joyce told reporters that family court’s only good decision in her case was granting her full permanent custody of her daughter after her ex-husband was jailed.

Lorraine, the Wisconsin mom who was jailed for protecting her daughter, knows her daughter’s nightmare will continue for the rest of her childhood. “He’s never going to stop, it’s never going to end until she’s 18.” Linda Marie says she’s putting every penny towards her legal efforts to win back custody of her daughters. “I will never stop fighting for my girls. I know one day justice will prevail.”

Critics argue that not only is the family court system broken, it was never designed to deal with issues like child custody. The goal is to develop solutions that are in the best interest of the child. “Unfortunately when judges and guardians start thinking of themselves as super government, all sorts of abuses will occur,” says attorney and author Lesher.

Activists are working towards making reforms through legislation. “The heartbreaking challenge is that there’s not one quick fix,” says Stop Family Violence’s Weiser. “This is a war — it’s very ugly, it’s bloody, and very bitter,” concludes Tong.

Linda Marie and Children

Read more: http://www.momlogic.com/2010/01/custody_crisis_why_mothers_are_punished_in_family_court.php#ixzz0mbjVKpl1

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THE FATHERS RIGHTS MOVEMENT

 

FILED IN: CHILD CUSTODY, CHILD CUSTODY BATTLE, CHILD CUSTODY FOR FATHERS, DOMESTIC VIOLENCE,FATHERS RIGHTS, PARENTAL ALIENATION AWARENESS DAY, PARENTAL ALIENATION DISORDER, PARENTAL ALIENATION DISORDERS, PROTECTIVE ORDERS, RESTRAINING ORDERS, PARENTAL ALIENATION

This is by Ana Ottman and Rebekah Lee for the “Encyclopedia of Interpersonal Violence ” (2008, SAGE Publications):

Fathers Rights Movement

The fathers’ rights movement advocates for fathers who feel deprived of their parental rights and subjected to systematic bias as men after divorce or separation. The term fathers’ rights is relevant to interpersonal violence primarily in custody and visitation cases involving domestic violence.

The fathers’ rights movement emerged in the 1970s as a loose social movement with a network of interest groups primarily active in Western countries. Established to campaign for equal treatment for men by the courts on issues such as child custody after divorce, child support, and paternity determinations, this network is also part of the broader men’s rights movement. While there is no written history of the movement, it is generally viewed as stemming from changes in both the law and societal attitudes. These changes include the introduction of no-fault divorce in 1969 and the attendant rise in divorce rates; the increasing entry of women into the workforce, upturning traditional gender roles; and the increasing social acceptance of single parents and their increased proportion of all families.

Fathers’ rights activists typically believe that the application of the law in family courts is biased against men. Because mothers have historically been seen as the primary caregivers for their children, they have often been granted custody of their children, causing some fathers to feel marginalized. Thus, one longstanding goal of fathers’ rights groups is obtaining “shared parenting,” asking that courts uphold a rebuttable presumption of joint custody after divorce or separation. Under a shared parenting arrangement, children would be required to live with each parent for the same amount of time, unless there were valid reasons not to do so.

Fathers’ rights advocates claim that women often falsify allegations of domestic violence to gain advantage in family law cases, and misuse protection orders to remove men from their homes or deny them contact with their children. Attorneys and advocates for abused women note that while it is not uncommon for family court proceedings to be accompanied by allegations of domestic violence and the use of protection orders, this is largely representative of the prevalence of domestic violence in our society, and of the fact that domestic violence often increases (or begins) at the time of separation or divorce. Many battered women seek protection orders as a last resort, after being subjected to continuous violence, because the orders can provide an effective means to gaining safety from the batterer.

While many mothers are awarded custody, there are many contested custody cases. In these contested cases, fathers often seek and win joint or full custody of the children. One way that a mother might lose custody is through the father’s use of a theory called parental alienation syndrome (PAS). Fathers’ rights groups see PAS as occurring when the mother has “poisoned” the minds of their children toward the other parent by brainwashing them into reporting abuse. When this legal tactic is used, the mother often loses custody or is forced to accept joint custody based on the father’s allegations of PAS.

While the fathers’ rights movement presents PAS as a credible theory, it is recognized as deeply flawed, based on extreme gender bias, and rooted in a disbelief of women and children who report abuse. Neither the American Psychological Association nor the American Psychiatric Association recognizes PAS as a credible theory, and the National Council of Juvenile and Family Court Judges has rejected the theory and recommended that it not be used when considering custody matters.

Women’s rights groups and profeminist men argue that fathers’ rights groups want to entrench patriarchy and undo the advances made by women in society. Those opposed to the fathers’ rights movement believe that the bias fathers’ rights members speak of in family courts either does not exist or is such that single mothers in particular are not advantaged as a class to the extent stated, especially in the face of sexism and male privilege and power.

—Ana Ottman and Rebekah Lee

Ottman, Ana, and Rebekah Lee. “Fathers’ Rights Movement.” Encyclopedia of Interpersonal Violence. 2008. SAGE Publications

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Domestic Violence Divorce How Abusers Use the System to Invalidate Domestic Violence Survivors

 

Vodpod videos no longer available.

 

Domestic Violence Divorce How Abusers Use the System to Invalidate Domestic Violence Survivors

By : Dr. Jeanne King Ph.D.  

Submitted 2010-04-16 13:17:47

Victims of domestic abuse reach out to the system for help in stopping the abuse perpetrated upon them. This can involve both healthcare and law enforcement. Yet, what actually happens, more often than most people know, is that these so called “helpers” can be used to perpetuate domestic violence “legally” during divorce.

In healthcare, it’s the psychologists and psychiatrists. These healthcare providers are frequently manipulated by abusers to aid them in establishing false claims about the domestic abuse survivors that they batter and control.

Psychiatric Diagnosis as Batterer’s Club in Domestic Violence Divorce

Almost daily, I am sought out by a domestic violence survivor seeking help from being falsely accused of being mentally ill. In many of the cases, the mental healthcare diagnostics appear to be grossly improper.

But that doesn’t prevent a court from making determinations about the accused. In many of these cases, the battered mothers (and abused fathers) are faced with losing custody of and, in some cases, even the essential moments of simple human contact with their children.

Once judicial decisions are made, remedies can be added on and on…with no regard for the accuracy of the original foundation underlying the initial judicial decision. We have seen domestic violence victims prevented from having unsupervised or any access to their abused children because of a clinical psychiatric diagnosis.

The sad thing here is that those directly negatively impacted, like the protective parent and children, are unaware of this ploy during its set up and ultimate execution. Often they go along with certain procedures trusting in their sanity and hoping for justice to prevail. Then, the day comes when they awaken to the fact that they have been re victimized by their abuser’s manipulation of the psychologists and psychiatrists.

Psychiatric Re victimization To What End

Now you’d think that if the batterer is getting a divorce and seeking to move on with their lives, then the victim’s declared mental health status would be of no interest to him/her. Wrong…completely wrong!

By establishing for “the record” that the domestic violence survivor is “crazy,” the abuser leverages their ability to regain and maintain control over the family…and most importantly, control over themselves, or at least control over their public image. Many people will tell you that the legal psychiatrics of a case are nothing more than to save face for the batterer.

The abuser seeks to walk away looking good and certainly not being an abuser. To this end, they must make the victim to be “bad”…“wrong”…“crazy.” Essentially, the abuser enlists (directly or indirectly) the healthcare provider to discredit the victim in order to invalidate who she/he is and what she/he stands for with respect to being a domestic abuse survivor.

If you are a domestic violence survivor and have been threatened with losing custody of your children and the credibility of you mental health status, seek to understand how batterers manipulate healthcare providers to establish false claims. And as you learn about the reality of what’s before you, find a credible professional to help you prevent this life changing destructive legal psychiatric ploy. The sooner you become proactive in preventing the establishment of false claims, the easier you can prevent them from defining your life and limiting your liberties.

Author Resource:- For information about legal psychological abuse and domestic violence divorce, see http://www.preventabusiverelationships.com/crazy_making.php . Dr. Jeanne King, Ph.D. helps people nationwide recognize, end and heal from domestic abuse. Copyright 2010 Jeanne King Ph.D.

Article From Article Arty

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Anonymoms; We are Everywhere

 

 

 

 

 

(KS) Women Receive Overwhelming Response For Child Abuse Yard Signs

 

http://www.kake.com/news/headlines/91150889.html?ref=889

Women Receive Overwhelming Response For Child Abuse Yard Signs

Two local women are taking action following the recent abuse deaths of two children.

Reporter: Jared Cerullo
Email Address: jared.cerullo@kake.com

---

Child Abuse Yard Signs

Friday, April 16, 2010

Two local women are taking action following the recent abuse deaths of two children. The women are giving away yard signs asking people to call 911 if they suspect a child is being abused and they’re getting an overwhelming response.

"That’s our Vincent’s prayer," said Lily Hill as she looked at the bright yellow sign that says ‘Be aware. Child abuse can be anywhere. Call 911.’

That’s the message Hill and Beverly Van Es want posted on every city block. Their actions were prompted by the brutal abuse deaths of Karsyn Young and Vincent Hill.

"Maybe even abusers will think ‘Oh dear, somebody might be watching me and somebody might be listening and I could get in trouble. Maybe I won’t do that."’

These grandmother’s are getting an overwhelming response from people wanting a sign to put in their own yard. Even as we were interviewing them, someone knocked on the door to pick one up. Hill and Van Es have spent $600 of their own money for the first batch of signs and all of them are spoken for.

"One person can make a difference. One person has many friends. Two grandmas can really make a difference," said Van Es.

"We want people thinking about this," Hill explained. "We want people to think about the horrors that are going on. World War II prisoners of war weren’t treated and tortured the way baby Vincent was."

These grandmas have loaded up a suburban with hundreds of signs to give away this weekend. They’ll be giving them out at Asbury Church at 15th and St. Paul from 10-noon on Saturday. They’ve already given away 100 of them and have 200 more more on order. One by one they say, with help from above, they will cover the city with Vincent’s prayer.

"We’re just a couple grandmas that care," said Van Es. "And we got signs."

If you would like a sign for your yard you can contact Beverly Van Es at 316-838-8601 or Lily Hill at 316-946-1437. They say they will buy as many signs as they can, but would appreciate any donations to help offset the costs.

http://www.kake.com/news/headlines/89653847.html

March 31, 2010

Abuse Hotline Call Dismissed Months Before Baby’s Death

The Harvey County Sheriff’s Department says an abuse hotline call regarding 19-month-old Vincent Hill was dismissed two months prior to his death.

Reporter: Stephanie Diffin
Email Address: stephanie.diffin@kake.com

The Harvey County Sheriff’s Department confirms someone called an SRS abuse hotline more than two months before 19-month-old Vincent Hill was allegedly beaten to death. But Newton SRS and Harvey County law enforcement say they were never informed of the call.

The call came in from a couple who lived in the same duplex as Hill, his mother, Katheryn Nycole Dale, and her boyfriend, Chadd Carr. Dale and Carr are both charged in the case.

"Nothing ever gets done until it’s too late, and unfortunately, it’s too late," said Jason Monarez, the victim’s neighbor.

Vincent Hill’s father describes the little boy as happy and always smiling.

"He’s never going to be able to play catch with me, I’m never going to teach him how to learn how to fish," said Ricky Hill, Vincent’s father. "I”m not going to get to see him do anything."

Now, Ricky Hill wonders if he would have gotten the chance to see those things if social services had further investigated a call it received on January 20th, two months before Vincent’s death.

"We tried to stop it, we tried… me and my girlfriend both," said Monarez. "You could just hear through the wall, the child screaming."

So Monarez’ girlfriend called an SRS abuse hotline. But the center dismissed the call saying it didn’t indicate there was any harm taking place to the child. The last sentence of the report reads, "This completes the initial assessment with no further action needed."

"It just makes me angry, really, to know that i tried and it wasn’t taken seriously," said Jessica Link, who placed the call.

Since the call stopped at the call center, Newton SRS says it never got word of the suspected abuse.

"If they would have had the report, they probably would have notified us, and something would have gotten done," said Harvey County Sheriff T. Walton.

SRS will not comment about specific cases, but did release this statement on the process of investigating calls to its hotline;

"SRS receives reports of alleged abuse and neglect through our Kansas Protection Report Center, 1-800-922-5330. In State fiscal year 2009 SRS received 56,207 reports of alleged abuse or neglect. Of those, 49% or 27,340, cases were assigned for further investigation."

"Intake workers receive protective services training to elicit specific information about the situation. Information requested is focused on the extent of the situation, circumstances of the situation, child’s functioning, parenting practices and caregiver function, in addition to information regarding the child’s age, person alleged to have caused harm to the child, where the child is located, other individuals or agencies who may have information regarding the incident and the availability of a non-abusing adult to protect the child from further harm."

"The information gathered through the intake process is then provided to a licensed social worker to review and determine whether the incident requires further investigation. This decision is based on specific safety and risk factors, including but not limited to: seriousness of the incident, prior agency involvement with the family, and seriousness of injury to child."

"All reports assigned for further investigation involving allegations of maltreatment of child must be investigated within either a 24 hour or 72 hour timeframe, depending on the nature of the allegation. Situations requiring a 24 hour response include, but are not limited to: life threatening situation, sexual abuse with the alleged perpetrator in the home, child in protective custody, or a child with current visible injuries."

"Certain reports, not alleging maltreatment, may be investigated within 20 working days. An example of this type of case would be truancy."

http://www.thekansan.com/highlights/x1838117985/Charges-filed-in-toddler-s-death

Charges filed in toddler’s death

By Cristina Janney

The Newton Kansan

Posted Mar 31, 2010 @ 12:07 PM

NORTH NEWTON —

Chad Carr

Charges were filed in Harvey County District Court Tuesday in the suspicious death of a 19-month-old boy Saturday in North Newton.

Chad Carr, 26, 115 W. 24th St. in North Newton, is charged with two counts of aggravated battery and two counts of abuse of a child in the death of Vincent James Hill.

Carr allegedly was the boyfriend of the child’s mother, Katheryn Nycole Dale, who was not home at the time of the child’s death.

Carr allegedly was home alone with the child when he called 911 to report the child was not breathing. Carr allegedly tried to revive the child, but the child was taken to Newton Medical Center by Newton Fire/EMS where he was pronounced dead.

Law enforcement officials said Monday the child was bruised from head to toe and showed signs of previous injuries.

Further investigation found a concern had been called into the Social and Rehabilitation Services abuse center on Jan. 20.

The report did indicate a neighbor had heard yelling and screaming between the child and an adult male, a news release from the Harvey County Sheriff’s department stated.

The report was screened out by SRS because SRS said the report did not indicate the child was being physically harmed, the news release stated.

The report was never forwarded to any law enforcement agency for follow up.

Carr was booked on suspicion of murder, but County Attorney David Yoder said he is waiting for an autopsy report before deciding whether to file more serious charges.

On a search of Carr’s residence, police found marijuana and drug paraphernalia. Carr has not been charged on the drug offenses.

Yoder said he wants to further review the evidence gathered by police to determine if he will file any charges on those offenses.

Carr is being held in the Harvey County Detention Center on a $150,000 bond.

A funeral service for the child will be at 1 p.m. Saturday at Peabody United Methodist Church.

Copyright 2010 The Newton Kansan. Some rights reserved

http://www.kansas.com/2010/03/30/1247216/neighbor-had-called-hotline-about.html

Posted on Tue, Mar. 30, 2010

Neighbor had called hotline about Newton child who died

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BY TIM POTTER

The Wichita Eagle

• Man in custody in death of 19-month-old

NORTH NEWTON — A 19-month-old boy had a broken collarbone, a broken lower leg and bruises from head to toe.

But no one directly told local authorities that something was wrong in the child’s life until after he died, local law enforcement officials said Monday.

They announced that a man who had been living at the 19-month-old’

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(KS) Father keeps Child’s Coffin in Living Room where child lives

Courts Have Continued Abuse Of Manhattan Woman

By Jon A. Brake
Manhattan Free Press

MANHATTAN, KS – To some this could be considered beautiful. Solid mahogany is beautiful when given a high finish and it does have a high finish. It is about four to four and a half feet long, a foot and a half high; with shinny brass handles at the foot and head. A child’s coffin, in this home has been turned into a coffee table.

To Claudine Dombrowski it is not beautiful, that is her daughter, six-year-old Rikki on the couch behind the threatening coffee table. If a coffin coffee table is not enough, a hunting rifle hangs on the wall above the couch.
Claudine, a Manhattan resident, was divorced from Hal Richardson in Shawnee County District Count in 1997. She had been a repeat victim of Domestic Violence and a repeat victim of the State Court System.
What does the Court System think of the coffin coffee table? In a letter to Shawnee County District Court Division Two Judge Richard D. Anderson, Harry Moore, with the Court Services stated: "When I was at the house, I did not recognize anything which in my experience resembled a child’s coffin. After looking at the picture and speaking with Mr. Richardson, I have come to find out that it is indeed a coffin and that it was an antique which he purchased in Mexico several years ago and uses as a coffee or end table of sorts."
What about the rifle? Mr. Moore said, "There is also a secured hunting weapon hanging on Mr. Richardson’s wall. The thing which is striking about this specific issue is that it contains a remarkable leap of logic. For instance, I am the owner of a 7.9 mm Mauser rifle which was the standard issue firearm for the German soldier in World War II. This weapon was procured by my father who served in Europe during the war. This weapon also hangs on the wall in  my rec room. Does my ownership and display of this firearm lead one to the conclusion that I am a Nazi?"
The question Mr. Moore failed to answer is: "Is it a leap of logic for an abused woman to see the child’s coffin and the rifle as more than furniture? Is there a message to the mother? The Shawnee District Court has missed many messages when it comes to the violence in this case.
When reading Court documents it is clear that attorneys have intentionally muddied the waters. It was a nasty divorce, those things happen. Eight or more attorneys, three different Judges and several Court Service workers have filed motion after motion. In the end a Judge wants to compel a dysfunctional family to be normal. It can’t be done.
Halleck (Hal) Richardson and Claudine Dombrowske lived together for several months before they were married on November 22, 1995. Divorce papers were filed four month later. By this time records show Hal Richardson had abused Claudine and he had Domestic Battery and Criminal Damage to property convictions.
Hal had seven other convictions before 1995. The convictions were for Battery, Attempted Battery, Battery of a Law Enforcement Officer, Obstruction of Legal Process, Possession of Marijuana and an Open Container conviction.
Most of the Probation Conditions were never followed up on by court officials. After the Domestic Battery conviction, Hal was ordered to attend an "Alternatives to Battering Program" put on by the Battered Women Task Force in Topeka. A few of the comments made on Hal’s report were: "Client rude and disrespectful to female co-facilitator as evidenced by his combative stance, his repeated interruptions, his sexist language and his refusal to accept any responsibility."
Another report stated: "Client very disruptive during group, this was evidenced by the fact that he interrupted the facilitator repeatedly by making rude comments, laughing and telling inappropriate sexist jokes."
And finally: "Called PO (probation officer) and client to tell them that he had graduated as far as I was concerned. He only has 17 sessions, but is causing too much trouble with his mouth. Terminated, with cause. Will not be accepted back."
The divorce proceedings were extended for eighteen months. Throughout the proceedings Claudine’s attorneys filed numerous reports claiming violations of the restraining order and requesting an order to sever contact between Hal, Claudine and daughter Rikki.
The first involved an incident that both parties agreed in court happened, they just could not agree what happened. Claudine said she was hit in the head with a crow bar and Hal said it was a piece of wood. What ever he hit her with it took 24 stitches to close the head wounds.
At a hearing on June 17, 1996 Shawnee County District Court Judge Jan W. Leuenberger signed order giving custody of Rikki to Claudine and authorizing her to move to the Great Bend area so that "Ms. Dombrowski could avoid the history of physical and verbal abuse she had suffered from Mr. Richardson."
Hal was given supervised visitation.
As in many divorce cases the Judge on November 5, 1996 appointed Mr. Scott McKenzie, Attorney at Law, to serve as Guardian ad Litem to appear on behalf of Rikki. Mr. McKenzie was very experienced in juvenile court proceedings with more than 1,000 cases but this was only his sixth Guardian ad Litem. Under Mr. McKenzie direction visitation terms were worked out to where Claudine would keep Rikki for three weeks and then Hal would have her for a week.
Before the Divorce Trial started a new Judge took over. Judge James P. Buchele replaced Judge Leuenberger.
It is about this time the Court and Court appointed case workers attitued changed. Judge Buchele saw that fifty people were being called as witnesses for the trial. He placed a limit of five for each side. This can be done but it can cause problems. Court documents state: "These limits made it difficult or impossible for Ms. Dombrowski to bring in all of the witnesses to corroborate here clams." During the trial the Judge would not allow hearsay evidence but the proper witness was not there to testify.
At trial Mr. McKenzie indicated, "after reading the police reports of the violence, and the doctor’s reports, he was not able to validate any of the truth of any of the accusations of violence made by Ms. Dombrowski."
When asked about Mr. Richardson’s criminal history Mr. McKenzie recalled only a single offense for driving under the influence of alcohol, and was unaware of the misdemeanor convictions including the domestic violence battery against Claudine. He was unaware of a misdemeanor battery for a bar fight and the battery of a law enforcement officer.
Records of the Battered Women’s Task Force had never been reviewed by Mr. McKenzie. Even thou Claudine had received support from the facility. In a report to the court Mr. McKenzie had recommended anger management therapy for Claudine but not for Hal.
In Judge Buchele’s Orders after the trial he made it clear that he wanted more from this couple than what was possible. Here is what he wrote: "Mutual parental involvement with this child has been made worse by Ms. Dombrowski’s unilateral decision to move to Larned, Kansas in May of 1996. The distance between Topeka and Larned makes it virtually impossible for an individual treater to work with the family; for Mr. Richardson to have regular and frequent contact with this child; to establish any reasonable dialogue between the parents toward resolving their conflicts. The move from Topeka to Larned, due to the proximity of the parties, has lessened the physical
violence. It has, however, done violence to the relationship of Rikki and her father. If long distance visitation is continued, in the Court’s view, will take its toll not only on Rikki but each of the parties. The Court specifically finds that separation of the child from either parent for long periods of time is harmful for a child of about three years of age."
He then went on to require Claudine to move back to the Topeka area.
And then Judge Buchele made a judgment that some Manhattan attorneys say is not legal. Judge Buchele ordered: "Further, respondent (Claudine) is directed to not call law enforcement authorities to investigate the petitioner (Hal) without first consulting with the case manager."
On December 14, 2000 after returning her daughter to her fathers home Claudine alleges that she was battered and raped by Hal. Under order not to call law enforcement authorities and with bleeding that would not stop, she drove to St. Marys, Kansas to get treatment. Claudine knew that if she had gone to a Topeka Hospital they would have called the police.
In St. Marys hospital officials did contact the Pottawatomie Sheriff and a report was made. She was advised that because the alleged event occurred in Shawnee County she would have to file there. Claudine said that because of the battery and rape she picked up Rikki the next day and did not return her. The Shawnee County Sheriff’s Department was called and took Rikki back to Topeka. The court gave Hal custody and orders for her to attend Topeka schools.
As it stands now, Rikki is with her father in Topeka. Claudine gets two one-hour visits per week. The child will go to school in Topeka unless a new motion, which will be filed this week, is granted. The motion will request that Claudine be given custody and Rikki be allowed to attend school in Manhattan.
This case has received national attention by the National Organization for Women; the Judicial Initiative Commission Hearing by the Citizens for Good Judges and it was told to the Kansas Justice Commission in 1997.
A new Judge will be hearing the motion. Judge Richard D. Anderson took over the case on the retirement of Judge Buchele. But, unless Claudine receives help from Kansas citizens, the abuse will continue. In July of 2000 Judge Anderson reaffirmed all of Judge Buchele’s previous orders. Evan the order to not call law enforcement authorities

Webmaster Note:  You can contact Judge Richard D. Anderson at (785) 233-8200 ext. 4350

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This is your brain on PAS/PA/PAD

PAS is a Scam     Parental Alienation Syndrome

From: Glenn’s Cult

Remember those scare tactic videos about your brain on drugs? Don’t know about you but they worked for me. Now lets take this on a new spin. What is someone who believes PA/PAS/PAD doing to their brains? Why are women the only ones ever accused of alienation or gatekeeping? We have a case here which to my eye appears to have the ever present gatekeeping and alienation tactics happening.

So quick run down on this story. Mom "allegedly" kidnaps child and returns to her native country amid accusations by her of violence in the marriage. Mother remarries after divorce has another child and dies in childbirth. Father to older child goes on rampage in order to secure custody of older child – even amid allegations of violence by mother’s family in foreign country and mother’s widowed current spouse. Father eventually uses American politicians and television news stations in order to carry child out of mother’s native country. Now grandparents want to see child, want child to have a relationship with half sibling and father refuses.

What do you mean – father refuses? I thought all family should be allowed a relationship with children? Even with mother deceased shouldn’t siblings and extended family of mother’s be allowed continuing contact with child?

Apparently not and apparently the well known father’s rights blogger, Glenn Sacks, REFUSES to run any stories on this "gatekeeping" of the child by FATHER. Even Ken Walker (kc9bdr@yahoo.com) agrees that Father should be allowed to keep child from maternal family – in fact he even quotes: "The maternal grandparents take the grandson to Brazil for 5 years, (mother dies) then complain when they don’t get placement. Give it time!". Mother does this and it is automatically a given that mother is gatekeeping and engaging in PA/PAS/PAD. So why is this not true for FATHER? Is FATHER not gatekeeping and possibly engaging in PA/PAS/PAD? The child in question has been around the maternal relatives for years now. Are we punishing another innocent young child by denying that child the RIGHT to have a relationship with the older sibling?

Well, let me explain this so you get it really good, okay? Just as in this commercial about heroin use, PA/PAS/PAD has some rules too.

Women are the only ones who can gatekeep a child. Ladies, ladies. Here’s how it works. It’s only PAS/PA when we accuse you of doing it. When WE do the exact thing we just accused you of doing ("gatekeeping," obstructing visitation, etc.) it doesn’t count. WE are the ONLY ones who can protect our children. These children are not your children, they are only our children. Just like that nice new car we fought for in the divorce, just like the house. Oh and forget about any equitable split, that is all ours too. Any questions?

So go back and watch the video again.

Frying pan is PAS/PA/PAD.

Egg is your brain.

And the violence you see portrayed is what COULD happen if PA/PAS/PAD is bought hook, line, and sinker. Our children, our future will be destroyed if abusers are allowed to continue to use JUNK SCIENCE in order to remove protective parents from a child’s life and place children with an alleged abuser. Do we want to place these children with potential alleged abusers? Don’t know about you but I do not. And now a young child is being denied a relationship with a sibling by a father and Glenn Sacks, Ken Walker, and who knows who else in the FATHER’S RIGHT MOVEMENT think this father is completely justified. Ken by his own words, and Sacks by his lack of words. Or is it just that as long as it is a father who is being allegedly denied this is a travesty that must (MUST!!!) be rectified, but when it is a mother or maternal relatives – ahhh who cares? One need only look at the case of Jean Paul Lacombe Diaz in Texas to see this is true. Where are the Ken Walker’s, the Glenn Sacks for this mom who has proof of abuse, has court orders granting her custody of this child? The courts were TRICKED into turning the boy over to father. He did this ILLEGALLY yet we see nobody in the Father’s Rights Movement speaking to the tragedy of this court’s actions.

Oh gee I keep forgetting. That is because the parent who is being denied the child is MOM. Who cares about moms right? After all, the only thing moms are good for is carrying the child, giving birth to the child, feeding the child life supporting breast milk. When the child can walk and talk, the mother should be gone. Fathers are the only important ones now.

ANY QUESTIONS?

Posted by Glenn’s Cult?at 6:56 AM

Labels: Glenn Sacks, Ken Walker, PA, PAD, Parental Alienation, Parental Alienation Disorders, Parental Alienation Syndrome, PAS

Technorati Tags: brain,Scam,Parental,Alienation,Syndrome,From,Glenn,Cult,Remember,scare,tactic,brains,violence,marriage,Mother,Father,custody,spouse,American,television,news,relationship,children,rights,Walker,fact,quotes,Brazil,placement,Give,Just,rules,Women,Ladies,Here,COULD,hook,JUNK,SCIENCE,life,abuser,MOVEMENT,words,Jean,Paul,Lacombe,Diaz,Texas,Where,orders,courts,tragedy,actions,parent,accusations,allegations,Fathers,Disorders,ones,grandparents,abusers,moms

Remember those scare tactic videos about your brain on drugs? Don’t know about you but they worked for me. Now lets take this on a new spin. What is someone who believes PA/PAS/PAD doing to their brains? Why are women the only ones ever accused of alienation or gatekeeping? We have a case here which to my eye appears to have the ever present gatekeeping and alienation tactics happening.

So quick run down on this story. Mom "allegedly" kidnaps child and returns to her native country amid accusations by her of violence in the marriage. Mother remarries after divorce has another child and dies in childbirth. Father to older child goes on rampage in order to secure custody of older child – even amid allegations of violence by mother’s family in foreign country and mother’s widowed current spouse. Father eventually uses American politicians and television news stations in order to carry child out of mother’s native country. Now grandparents want to see child, want child to have a relationship with half sibling and father refuses.

What do you mean – father refuses? I thought all family should be allowed a relationship with children? Even with mother deceased shouldn’t siblings and extended family of mother’s be allowed continuing contact with child?

Apparently not and apparently the well known father’s rights blogger, Glenn Sacks, REFUSES to run any stories on this "gatekeeping" of the child by FATHER. Even Ken Walker (kc9bdr@yahoo.com) agrees that Father should be allowed to keep child from maternal family – in fact he even quotes: "The maternal grandparents take the grandson to Brazil for 5 years, (mother dies) then complain when they don’t get placement. Give it time!". Mother does this and it is automatically a given that mother is gatekeeping and engaging in PA/PAS/PAD. So why is this not true for FATHER? Is FATHER not gatekeeping and possibly engaging in PA/PAS/PAD? The child in question has been around the maternal relatives for years now. Are we punishing another innocent young child by denying that child the RIGHT to have a relationship with the older sibling?

Well, let me explain this so you get it really good, okay? Just as in this commercial about heroin use, PA/PAS/PAD has some rules too.

Women are the only ones who can gatekeep a child. Ladies, ladies. Here’s how it works. It’s only PAS/PA when we accuse you of doing it. When WE do the exact thing we just accused you of doing ("gatekeeping," obstructing visitation, etc.) it doesn’t count. WE are the ONLY ones who can protect our children. These children are not your children, they are only our children. Just like that nice new car we fought for in the divorce, just like the house. Oh and forget about any equitable split, that is all ours too. Any questions?

So go back and watch the video again.

Frying pan is PAS/PA/PAD.

Egg is your brain.

And the violence you see portrayed is what COULD happen if PA/PAS/PAD is bought hook, line, and sinker. Our children, our future will be destroyed if abusers are allowed to continue to use JUNK SCIENCE in order to remove protective parents from a child’s life and place children with an alleged abuser. Do we want to place these children with potential alleged abusers? Don’t know about you but I do not. And now a young child is being denied a relationship with a sibling by a father and Glenn Sacks, Ken Walker, and who knows who else in the FATHER’S RIGHT MOVEMENT think this father is completely justified. Ken by his own words, and Sacks by his lack of words. Or is it just that as long as it is a father who is being allegedly denied this is a travesty that must (MUST!!!) be rectified, but when it is a mother or maternal relatives – ahhh who cares? One need only look at the case of Jean Paul Lacombe Diaz in Texas to see this is true. Where are the Ken Walker’s, the Glenn Sacks for this mom who has proof of abuse, has court orders granting her custody of this child? The courts were TRICKED into turning the boy over to father. He did this ILLEGALLY yet we see nobody in the Father’s Rights Movement speaking to the tragedy of this court’s actions.

Oh gee I keep forgetting. That is because the parent who is being denied the child is MOM. Who cares about moms right? After all, the only thing moms are good for is carrying the child, giving birth to the child, feeding the child life supporting breast milk. When the child can walk and talk, the mother should be gone. Fathers are the only important ones now.

ANY QUESTIONS?

Posted by Glenn’s Cult?at 6:56 AM

Labels: Glenn Sacks, Ken Walker, PA, PAD, Parental Alienation, Parental Alienation Disorders, Parental Alienation Syndrome, PAS

Technorati Tags: brain,Scam,Parental,Alienation,Syndrome,From,Glenn,Cult,Remember,scare,tactic,brains,violence,marriage,Mother,Father,custody,spouse,American,television,news,relationship,children,rights,Walker,fact,quotes,Brazil,placement,Give,Just,rules,Women,Ladies,Here,COULD,hook,JUNK,SCIENCE,life,abuser,MOVEMENT,words,Jean,Paul,Lacombe,Diaz,Texas,Where,orders,courts,tragedy,actions,parent,accusations,allegations,Fathers,Disorders,ones,grandparents,abusers,moms

Remember those scare tactic videos about your brain on drugs? Don’t know about you but they worked for me. Now lets take this on a new spin. What is someone who believes PA/PAS/PAD doing to their brains? Why are women the only ones ever accused of alienation or gatekeeping? We have a case here which to my eye appears to have the ever present gatekeeping and alienation tactics happening.

So quick run down on this story. Mom "allegedly" kidnaps child and returns to her native country amid accusations by her of violence in the marriage. Mother remarries after divorce has another child and dies in childbirth. Father to older child goes on rampage in order to secure custody of older child – even amid allegations of violence by mother’s family in foreign country and mother’s widowed current spouse. Father eventually uses American politicians and television news stations in order to carry child out of mother’s native country. Now grandparents want to see child, want child to have a relationship with half sibling and father refuses.

What do you mean – father refuses? I thought all family should be allowed a relationship with children? Even with mother deceased shouldn’t siblings and extended family of mother’s be allowed continuing contact with child?

Apparently not and apparently the well known father’s rights blogger, Glenn Sacks, REFUSES to run any stories on this "gatekeeping" of the child by FATHER. Even Ken Walker (kc9bdr@yahoo.com) agrees that Father should be allowed to keep child from maternal family – in fact he even quotes: "The maternal grandparents take the grandson to Brazil for 5 years, (mother dies) then complain when they don’t get placement. Give it time!". Mother does this and it is automatically a given that mother is gatekeeping and engaging in PA/PAS/PAD. So why is this not true for FATHER? Is FATHER not gatekeeping and possibly engaging in PA/PAS/PAD? The child in question has been around the maternal relatives for years now. Are we punishing another innocent young child by denying that child the RIGHT to have a relationship with the older sibling?

Well, let me explain this so you get it really good, okay? Just as in this commercial about heroin use, PA/PAS/PAD has some rules too.

Women are the only ones who can gatekeep a child. Ladies, ladies. Here’s how it works. It’s only PAS/PA when we accuse you of doing it. When WE do the exact thing we just accused you of doing ("gatekeeping," obstructing visitation, etc.) it doesn’t count. WE are the ONLY ones who can protect our children. These children are not your children, they are only our children. Just like that nice new car we fought for in the divorce, just like the house. Oh and forget about any equitable split, that is all ours too. Any questions?

So go back and watch the video again.

Frying pan is PAS/PA/PAD.

Egg is your brain.

And the violence you see portrayed is what COULD happen if PA/PAS/PAD is bought hook, line, and sinker. Our children, our future will be destroyed if abusers are allowed to continue to use JUNK SCIENCE in order to remove protective parents from a child’s life and place children with an alleged abuser. Do we want to place these children with potential alleged abusers? Don’t know about you but I do not. And now a young child is being denied a relationship with a sibling by a father and Glenn Sacks, Ken Walker, and who knows who else in the FATHER’S RIGHT MOVEMENT think this father is completely justified. Ken by his own words, and Sacks by his lack of words. Or is it just that as long as it is a father who is being allegedly denied this is a travesty that must (MUST!!!) be rectified, but when it is a mother or maternal relatives – ahhh who cares? One need only look at the case of Jean Paul Lacombe Diaz in Texas to see this is true. Where are the Ken Walker’s, the Glenn Sacks for this mom who has proof of abuse, has court orders granting her custody of this child? The courts were TRICKED into turning the boy over to father. He did this ILLEGALLY yet we see nobody in the Fa
ther’s Rights Movement speaking to the tragedy of this court’s actions.

Oh gee I keep forgetting. That is because the parent who is being denied the child is MOM. Who cares about moms right? After all, the only thing moms are good for is carrying the child, giving birth to the child, feeding the child life supporting breast milk. When the child can walk and talk, the mother should be gone. Fathers are the only important ones now.

ANY QUESTIONS?

Posted by Glenn’s Cult?at 6:56 AM

Labels: Glenn Sacks, Ken Walker, PA, PAD, Parental Alienation, Parental Alienation Disorders, Parental Alienation Syndrome, PAS

Technorati Tags: brain,Scam,Parental,Alienation,Syndrome,From,Glenn,Cult,Remember,scare,tactic,brains,violence,marriage,Mother,Father,custody,spouse,American,television,news,relationship,children,rights,Walker,fact,quotes,Brazil,placement,Give,Just,rules,Women,Ladies,Here,COULD,hook,JUNK,SCIENCE,life,abuser,MOVEMENT,words,Jean,Paul,Lacombe,Diaz,Texas,Where,orders,courts,tragedy,actions,parent,accusations,allegations,Fathers,Disorders,ones,grandparents,abusers,moms

Remember those scare tactic videos about your brain on drugs? Don’t know about you but they worked for me. Now lets take this on a new spin. What is someone who believes PA/PAS/PAD doing to their brains? Why are women the only ones ever accused of alienation or gatekeeping? We have a case here which to my eye appears to have the ever present gatekeeping and alienation tactics happening.

So quick run down on this story. Mom "allegedly" kidnaps child and returns to her native country amid accusations by her of violence in the marriage. Mother remarries after divorce has another child and dies in childbirth. Father to older child goes on rampage in order to secure custody of older child – even amid allegations of violence by mother’s family in foreign country and mother’s widowed current spouse. Father eventually uses American politicians and television news stations in order to carry child out of mother’s native country. Now grandparents want to see child, want child to have a relationship with half sibling and father refuses.

What do you mean – father refuses? I thought all family should be allowed a relationship with children? Even with mother deceased shouldn’t siblings and extended family of mother’s be allowed continuing contact with child?

Apparently not and apparently the well known father’s rights blogger, Glenn Sacks, REFUSES to run any stories on this "gatekeeping" of the child by FATHER. Even Ken Walker (kc9bdr@yahoo.com) agrees that Father should be allowed to keep child from maternal family – in fact he even quotes: "The maternal grandparents take the grandson to Brazil for 5 years, (mother dies) then complain when they don’t get placement. Give it time!". Mother does this and it is automatically a given that mother is gatekeeping and engaging in PA/PAS/PAD. So why is this not true for FATHER? Is FATHER not gatekeeping and possibly engaging in PA/PAS/PAD? The child in question has been around the maternal relatives for years now. Are we punishing another innocent young child by denying that child the RIGHT to have a relationship with the older sibling?

Well, let me explain this so you get it really good, okay? Just as in this commercial about heroin use, PA/PAS/PAD has some rules too.

Women are the only ones who can gatekeep a child. Ladies, ladies. Here’s how it works. It’s only PAS/PA when we accuse you of doing it. When WE do the exact thing we just accused you of doing (
"gatekeeping," obstructing visitation, etc.) it doesn’t count. WE are the ONLY ones who can protect our children. These children are not your children, they are only our children. Just like that nice new car we fought for in the divorce, just like the house. Oh and forget about any equitable split, that is all ours too. Any questions?

So go back and watch the video again.

Frying pan is PAS/PA/PAD.

Egg is your brain.

And the violence you see portrayed is what COULD happen if PA/PAS/PAD is bought hook, line, and sinker. Our children, our future will be destroyed if abusers are allowed to continue to use JUNK SCIENCE in order to remove protective parents from a child’s life and place children with an alleged abuser. Do we want to place these children with potential alleged abusers? Don’t know about you but I do not. And now a young child is being denied a relationship with a sibling by a father and Glenn Sacks, Ken Walker, and who knows who else in the FATHER’S RIGHT MOVEMENT think this father is completely justified. Ken by his own words, and Sacks by his lack of words. Or is it just that as long as it is a father who is being allegedly denied this is a travesty that must (MUST!!!) be rectified, but when it is a mother or maternal relatives – ahhh who cares? One need only look at the case of Jean Paul Lacombe Diaz in Texas to see this is true. Where are the Ken Walker’s, the Glenn Sacks for this mom who has proof of abuse, has court orders granting her custody of this child? The courts were TRICKED into turning the boy over to father. He did this ILLEGALLY yet we see nobody in the Father’s Rights Movement speaking to the tragedy of this court’s actions.

Oh gee I keep forgetting. That is because the parent who is being denied the child is MOM. Who cares about moms right? After all, the only thing moms are good for is carrying the child, giving birth to the child, feeding the child life supporting breast milk. When the child can walk and talk, the mother should be gone. Fathers are the only important ones now.

ANY QUESTIONS?

Posted by Glenn’s Cult?at 6:56 AM

Labels: Glenn Sacks, Ken Walker, PA, PAD, Parental Alienation, Parental Alienation Disorders, Parental Alienation Syndrome, PAS

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Courts Awarding Custody to Abusers and Domestic Violence Homicides Is There a Connection?

Parental Alienation Syndrome PAS is a Scam

“Time’s Up!”

By Barry Goldstein

The research establishing that the custody court system is broken and has a pattern of mishandling domestic violence cases is now overwhelming.  The new book, DOMESTIC VIOLENCE, ABUSE and CHILD CUSTODY, I co-edited with Dr. Mo Therese Hannah brings all the most up-to-date research together in one place.  It includes a multi-disciplinary review of the relevant professional fields by the leading experts in the US and Canada.  The meticulous citations provide overwhelming proof that common mistakes and the use of myths, stereotypes and gender bias have resulted in thousands of children being sent to live with abusers.  At the same time recent statistics about domestic violence homicide confirm an increase in the murder rate after many years of reductions.  Many have been quick to assume the increase is caused by the poor economy, but in this article, I want to look at what, if any role the problems in the custody court system are having on domestic violence homicides.

Lack of Research on Success of Court Outcomes

The court system operates upon the assumption that once a case is decided, the facts are established and the outcome is accurate.  This assumption may have contributed to the failure to seek research on the validity of court decisions in domestic violence custody cases.  It certainly has contributed to a common problem we see that once a court makes a mistake in a domestic violence case there is a pattern of courts failing to use new information to correct the initial errors made by judges and other court professionals.

The criminal court system has received substantial criticism as an increasing number of defendants convicted of murder, some of whom were sentenced to death were later found to be innocent.  The improvement of scientific tests for DNA and other new evidence has helped courts correct errors after homicide convictions.  In context, such wrong convictions appear to be very rare, but are extremely serious because it results in adults losing the rest of their lives.

In contrast, a large majority of domestic violence custody cases are wrongly decided with abusive fathers receiving custody or joint custody at least 70% of the time in contested custody cases.  Even when the safe parent receives custody, the court usually fails to protect the children from unsupervised visitation with the abuser.  In contrast to murder convictions that affect defendant’s adult lives, the wrong decisions in custody cases often destroy or damage children’s entire lives.

Court’s started relying on mental health professionals in domestic violence custody cases at a time when there was no research and many believed domestic violence was caused by mental health problems, substance abuse and the victim’s behavior.  Although all of these assumptions proved wrong, the courts continue to rely on mental health professionals even when there are no legitimate mental health issues in the case.  These professionals rarely are familiar with up-to-date research and often substitute their personal beliefs, biases, myths and stereotypes for the scientific research now available.  Many use a family systems approach which is totally inappropriate in domestic violence cases.  These mistakes lead to the minimization of the importance of domestic violence and unsafe outcomes.

If evaluations had any validity, the “experts” would be able to tell the court how the approaches used in a particular case had worked in other cases.  In fact there is virtually no such research.  Only in the custody courts can “experts” routinely give their opinions when there is no research to support them.  In contrast we have solid research about the harm of taking children from their primary attachment figure or forcing them to live with abusers.  There is no such research about “alienation” which courts tend to pay much more attention to even though the effects on children are minimal or non-existent.  The closest thing we have to research about custody outcomes are the Courageous Kids.  These are children who were sent to live with alleged abusers and have now aged out of the custody order.  The children are now young adults  and describe disastrous experiences as a result of the common practices used in the custody courts.

Similarly, the court has not commissioned studies to see how its decisions in domestic violence custody cases have worked out.  Anecdotally we have seen many cases in which fathers courts found safe were later convicted or otherwise proven to have engaged in physical assault and sexual abuse.  We have also seen many bad outcomes for children forced to live with alleged abusers.  I strongly recommend systematic studies of the outcomes of child custody decisions.

Failure to Make Children’s Safety the First Priority

Abusers tend to be extremely manipulative and they have had great success in misleading the courts, legislatures and media.  The men who control “fathers’ rights groups are extremists whose goals include eliminating child support, repealing domestic violence laws and in some cases permitting sex between adults and children.  Obviously, if they said this to courts, they would get nowhere.  Instead they disguise their goals by seeking seemingly fair objectives like “shared custody” “friendly parent” protections and equal treatment of parents.  Who could object to such reasonable requests?

The abusers are saying that when parents come to court for custody and visitation the parents should be treated equally regardless of the past parenting, parenting skills or history of abuse. Of course they don’t mention the last part.  Imagine if a group demanded that everyone receive equal income regardless of their contributions to increasing society’s resources.  Liberals and Conservatives would deride such a demand as communism.  If we would not be willing to divide money without consideration of contribution, why would anyone take seriously a proposal to divide something so much more precious, our children, without consideration of the contributions the parents made to the well-being of the children before coming to court?

In the new book, we present our information based upon our belief that safety of children should be the first priority and arrangements that give children the best chance to reach their potential should be the next priority.  The public would be shocked that this is not the priority in the present custody court system.  Most states use the best interest of the child standard for custody and visitation decisions, but this tends to be extremely subjective.  Even when legislation favors safety issues, we have found courts often pay more attention to less important factors like parties’ income, remarriage and “friendly parent” provisions.  In fact in states that have mandated friendly parent consideration, children a
re even more likely to be sent to live with abusers.

Compounding the failure of legislatures and courts to demand safety be the highest priority in custody cases, judges and the professionals they rely on rarely have the training they need to recognize domestic violence or child abuse.  Judge Mike Brigner frequently trains other judges about domestic violence.  In his chapter for the book, he describes how judges often ask him what to do about women who are lying.  When asked what they mean, they refer to women who return to their abuser, withdraw petitions for a protective order, fail to make police complaints or have hospital records.  In fact none of this is probative as battered women often act this way for safety and other reasons particularly when they are still living with their abuser.   Similarly many professionals observe fathers and children interact and if the children show no fear they believe this proves the allegations of abuse are false.  What the children understand is that their father will not hurt them with witnesses present, particularly ones he is trying to impress.  In fact they could be punished if they showed fear.

Male supremacist groups often refer to sexual abuse allegations as the “atomic bomb” of child custody.  In reality when sexual abuse is alleged, even when strong evidence supports the allegation, the alleged abuser usually wins custody.  In research unrelated to custody, it is well established that by the time children reach the age of 18, one-third of the girls and one-sixth of the boys have been sexually abused.  Although the stereotypical rapist is a stranger in a raincoat, most rape and sexual abuse is committed by someone the victim knows, often the father.  Furthermore children rarely lie about sexual abuse because it is so painful and embarrassing.  Nevertheless, custody courts have proven to be so hostile to allegations of sexual abuse that attorneys regularly discourage these charges because they usually work against the protective mother.  Courts are reluctant to believe a father could do something so heinous, particularly if the father is successful in other parts of his life.

With courts relying on inadequately trained professionals who quickly discount valid abuse complaints based on information that is not probative, there is little chance for them to recognize abuse and therefore be able to protect children.  The research bears this out with courts mishandling contested custody cases (most of which involve abusive fathers) and sending thousands of children to live with abusers.

Connection Between Court Mistakes and Increased Homicide Rate

The media has done a poor job of covering the crisis in the custody court system and particularly the pattern of mistakes that result in thousands of children forced to live with abusers.  Local media cover tragedies involving murders and murder-suicides of family members, but little effort is made to look at the patterns of these tragedies.  On February 11, 2010, the National Coalition Against Domestic Violence and Center for Judicial Excellence issued a press release about two crimes in California where divorcing dads killed eight and nine-month-old babies after the courts ordered visitation despite concerns for the babies’ safety.  Those who follow this issue see frequent stories of abusive fathers killing children, partners and themselves.  Most of the time there is a connection to custody and divorce proceedings, but the media usually fails to emphasize these causes.  The Dastardly Dads blog chronicles these painful cases and in doing so makes it easy to see the patterns of court practices that lead to these tragedies.  Judges and the court professionals they rely on are very aware of research that children do better with both parents in their lives, but often give less consideration to the research that this is not true if one of the parents is abusive.

I want to be careful here because a lot of misinformation has entered the public debate out of ignorance and bias.  We have seen numerous flawed studies reported in the media purporting to find women abuse men with similar frequency as men abuse women.  Closer review of these studies demonstrate a failure to consider the severity of the assault, seriousness of injury, purpose such as self-defense, context (as part of a pattern of controlling behavior) and sexual abuse which is overwhelmingly committed by men. We don’t have definitive research to determine what percentage of domestic violence homicides and child murders are caused by the crisis in the custody court system, but there is research beyond the anecdotal evidence of individual murders and murder-suicides.

Although we know there have been many fathers who used access provided by court orders or the failure of courts to restrain his access, how do we know they would not have killed anyway?  This is similar to issues surrounding protective orders.  Some people say they are only a piece of paper and cannot protect the victim.  This view is supported by too many cases where a woman with a protective order was murdered by her ex-partner.  The research, however demonstrates that although protective orders do not prevent all homicides, women with protective orders are safer than those without this protection.

The government has used a lot of scarce resources to determine the effectiveness of batterer programs, anger management and therapy to prevent domestic violence.  None of these programs has been shown to reduce men’s abuse of women, but unsupported claims continue to be made by those who have a financial stake in these programs.  The only response research has demonstrated to reduce domestic violence is accountability and monitoring.  Custody courts emphasize the promotion of a father’s relationship with the child rather than holding him accountable for his abuse.  They sometimes send abusers to some form of program or therapy.  If this was used for accountability it might be useful, but generally they use the false assumption that completion of the program means he is then safe.  In other words custody courts are using approaches that the research demonstrates work against the safety of women and children.

The modern movement to end domestic violence has resulted in making it easier for women to obtain criminal prosecution, protective orders, divorce, financial support, shelter and community support.  As women had access to these resources and particularly after communities adopted policies to hold men accountable, the domestic violence homicide rate was reduced.  Significantly, those communities that were stricter in enforcing accountability benefitted with even more dramatic reductions in domestic violence homicide.  Although murders of men and women by their intimate partners went down, surprisingly, the number of men’s lives saved was much higher than for the lives of women.  Why would laws and practices designed to protect women have a bigger affect in saving men’s lives?  Before the reforms, some women believed the only way to get away from his abuse was to kill him.  The added resources gave her other ways of leaving him.  This conclusion is supported by research that demonstrates men and women kill their intimate partners for different reasons.  Men kill to maintain control and so no one else can have her and women kill in self-defense and to stop his abuse (there are of course exceptions).  This is supported by the fact that 75% of men who kill their partners do so after she has left or is trying to leave.

Abusive me
n, who believe she has no right to leave were upset at the reforms that made it easier for victims to leave their abusers.  These male supremacists developed tactics to maintain what they believe is their right to control their partners and make the major decisions in the relationship.  The cruelest tactic has been to hurt the children.  We see this in the murder or abuse of children by their fathers, but more frequently in fathers who had little involvement with the children during the relationship suddenly seeking custody when she tries to leave.  The courts have been slow to recognize or respond to this tactic and instead pressure mothers to keep the father in the children’s lives regardless of his abusiveness.  Instead of pressuring the father to stop his abuse, courts routinely punish mothers for trying to protect the children.  Ironically, in an attempt to keep both parents in the children’s lives, courts often deny children a meaningful relationship with their mother when she continues to believe the father is harming her children.  In almost all of these cases the mother was the primary parent and the safe parent.  As mothers and domestic violence advocates have recognized the harm and unfairness in the present custody court system, more and more mothers are staying with their abusers and accepting his beatings in order to be near their children so they can protect them.  Inevitably, some of these mothers do not survive this decision.

In the batterer classes I teach, we often talk about how boys are taught it is ok for men to abuse women.  The men often object and say they were told not to hit girls.  They are right that boys are not told to abuse women.  Instead they see their father mistreat their mother with no consequences to the father and this gives them the message that society allows men to abuse women.  Children know much more about the father’s abuse in the home than we think they observe so when the custody courts ignore the father’s abuse to give him custody or unsupervised visitation, this reinforces harmful messages.  Children pay much more attention to the behavior they see then what they are told.  In minimizing and failing to recognize the father’s abuse, courts are encouraging men to continue their abuse.  This is especially harmful when abusers successfully manipulate the courts to abuse the mother.  The research demonstrates that abusive men use a cost-benefit analysis in deciding whether to abuse their partners.  By seeking to support fathers’ involvement with their children REGARDLESS OF THEIR HARMFUL BEHAVIOR, the courts are reinforcing harmful attitudes and behaviors.

The flawed and outdated practices used in the custody courts are causing tremendous harm to children and society.  If the bad decisions in these courts did not result in any deaths of mothers and children they should still be reformed.  We have significant anecdotal evidence and research on related issues that makes it likely some of the murders and murder-suicides could be prevented if the custody courts made better use of the up-to-date research now available.  No one  wants to be known as the judge who hurts children or receive publicity when an abuser the judge protected kills the mother and/or children.  I would urge that research be started to determine how often custody court mistakes result in the deaths of the children they are supposed to protect.  In the meantime, I hope judges will stop sending children to live with abusers.

Barry Goldstein is a domestic violence speaker, writer and advocate.  He is co-editor with Mo Therese Hannah of DOMESTIC VIOLENCE, ABUSE and CHILD CUSTODY.

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Gender Biased and Punitive: Why Abusers Get Away With Claiming “Parental Alienation”

PAS is a Scam

In DSM-V, Dr. Richard Gardner, Parental Alienation, Parental Alienation Disorder, Parental Alienation Disorders, Parental Alienation Syndrome on April 6, 2010 at 2:19 am

The late Richard Gardner developed the theory of parental alienation syndrome (PAS) after claiming that one parent alienated the children from the other parent in 90% of his divorcing patients. Though claiming that the “disorder” was not sex specific, he used it almost exclusively against mothers, maintaining that mothers falsely raise domestic violence and incest during custody disputes for tactical gain. Even Gardner admitted PAS was not an actual syndrome; some call it parental alienation (PA), but the concept is identical.

Acceptance

Gardner claimed to have testified in 400 custody cases in 25 states. Although no state has codified PAS, at least 31 states have adopted Gardner’s friendly parent concept (FPC) in which courts are encouraged to give custody to the parent who will foster a better relationship between the children and the other parent. Even where not codified, many judges and custody evaluators base decisions or recommendations on PAS, PA, or the FPC.

Problems

There are problems associated with PAS, PA, and the FPC. They may deflect investigation from the validity of abuse accusations to the protective parent’s behavior. In addition, PAS, PA, and the FPC may deflect courts from noticing that men’s alienation allegations may themselves be alienating behaviors raised for tactical gain.

False Premises

Gardner incorrectly assumed that women need a tactical ploy to not lose custody under the best interest of the child standard. Gardner evidently was unaware that once a child passed its tender years, roughly at age 7, fathers were presumptively entitled to reclaim custody, and that most mothers still win custody under the best interest of the child standard.

Gardner also wrongfully assumed that women often make false incest accusations in custody cases and that they gain advantage from doing so. Incest is raised in only about 6% of custody cases, and only a very small fraction (2%-3%) of this 6% are false. Investigated incest allegations are substantiated as often during custody disputes as at other times, but many child protection agencies do not investigate when a case is in court. Men have been found to make 16 times as many false incest allegations as women (21% vs. 1.3%).

Gardner’s Motivations

Gardner, who had no hospital admitting privileges for his last 25 years and fraudulently claimed to be a clinical professor of child psychiatry, derived his theories to discredit mothers who complained that their partners were abusing them or their children. Gardner, who often testified on behalf of pedophiles, admitted that probably over 95% of all sex abuse allegations are legitimate, but claimed incest and many other deviant sexual practices are normal and not harmful.

Gender Biased and Punitive

PAS, PA, and the FPC may discourage battered women and mothers in incest cases from complaining. Gardner advocated removing custody and if the behaviors continue, denying visitation to the alienating parent. These concepts may not be in the best interest of children as they generally deprive them of their protective parents and place them in the custody of abusive parents. They also may prevent protective parents and children from realizing the wrongfulness of the abuse or from venting their anger, thus exacerbating their pain and inhibiting healing.

These concepts can be considered gender biased since their definitions exclude alienating behaviors most commonly committed by fathers: domestic violence, nonpayment of child support, and raising alienation allegations. They can be used only against custodial parents and impose no penalty on alienating noncustodial parents. An attempt to rename PAS as malicious mother syndrome confirms the bias.

Inadmissible Evidence

Gardner promoted PAS in self-published books. PAS has never been subjected to peer review or been recognized by any professional associations, including the American Psychiatric Association. The Report of the American Psychological Association Presidential Task Force on Violence and the Family characterizes PAS and PA as having no validity. With no validity within the scientific community, neither PAS nor PA is considered admissible in evidence.

—Joan Zorza

Further Readings

Bruch C. Parental alienation syndrome and parental alienation: Getting it wrong in child custody cases. Family Law Quarterly vol. 35 (2001). no. (3), pp. 527–552.

Dallam S. J. Dr. Richard Gardner: A review of his theories and opinions on atypical sexuality, pedophilia, and treatment issues. Treating Abuse Today vol. 8 (1998). no. (1), pp. 15–22.

Dore M. K. The “friendly parent” concept: A flawed factor for child custody. Loyola Journal of Public Interest Law vol. 6 (2004). no. (1), pp. 41–56.

Smith R. and Coukos P. Fairness and accuracy in evaluations of domestic violence and child abuse in custody determinations. The Judges’ Journal vol. 36 (1997). no. (4), pp. 38–42, 54–56.

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Who does Parental Alienation (PAS) Protect?

Parental Alienation (PAS)

An abuser- even a CONVICTED Abusers-CRIMES-Parental Alienation is used in Family Court to Give the children to the Abusers.

I was ‘alienating” because HE beat the hell out of me- convicted in criminal court 8 times!! …and the Courts actually set it up in CO-PARENTING for him to CONTINUE for years to Assault.

PAS is a Defense to Batterers. It is ONLY used with abusers and ONLY in CASES of Abuse to SILENCE the victims.

It calls all allegations of abuse as false- Even when proven Abuse- and Convictions-

It is used Against the victim and every Battered Mothers WILL and DO loose their Children because of the Parental Alienation Theories-

I urge all who are middle line on this to please use common sense before more are killed and suffer irreparable harm as a result of the use of PAS.

I am a PAS casualty – even with Criminal Convictions of Violence the response was- "we don’t want the daughter to KNOW what the Father did to the mother"

Parental Alienation- and my daughter went to the abuser I have barely seen her in over a decade.

This is what Parental Alienation does.. the truth- is to protect from allegations of ALL Abuse- and Defends the Abusers. period.

 

Claudine Dombrowski Photos of Abuse | Stop Family Violence

http://www.stopfamilyviolence.org

There is a crisis in our nation’s family courts. Judges are awarding child custody to abusers and pedophiles and punishing the safe parent who tries to protect the children from harm. In this section you …

http://www.stopfamilyviolence.org/pages/308

 

Claudine Dombrowski Photos of Abuse

As you view these photos keep in mind that the court awarded FULL CUSTODY of their daughter to the "man" who did this to Claudine.

To read Claudine’s history that was submitted to the IACHR, click here

If you want to know some of the many reasons women stay in abusive relationships, click here

AFTER THE BIRTH OF HER DAUGHTER, 1994

AFTER EX-HUSBAND BEAT HER WITH A CROW BAR, 1996

AFTER EX-HUSBAND RAPED AND BATTERED HER, 2000

AFTER EX-HUSBAND HIRED SOMEONE TO ASSAULT HER, 2003

THE "COFFEE TABLE" IN THE FATHER’S HOME IS A CHILD’S COFFIN.  MOUNTED ON THE WALL ABOVE THE SOFA IS A GUN.

 

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