It’s a human rights violation of epidemic proportions. I decided to end the absolute white wash and left with my son. Alienation’s impact is gender-specific; fathers alleging mothers are abusive are not similarly undermined when mothers cross-claim alienation.”. And we need a CPS prepared to take cases forward when police officers investigating any such allegations believe the child is telling the truth. Mother’s Day is two weeks away, but for many women in the United States, around 58,000 or more a year, there’s nothing happy about this day at all. [Liss & Stahly, 1993; Marks, 1988; Pagelow, 1992]. He is happily married and has served as Associate Editor and Executive Editor of the Houston Law Review, and as Adjunct Professor of legal research and writing at the University of Houston Law School. This doesn’t come across as superficial research. Clearly, in this case, the reviewer(s) failed in their duty. Unless we can see how thoroughly abuse claims are investigated and adjudicated we can’t know whether the point Meier is trying to make is valid. In my case I never made any derogatory comments or allegations about the mother of my child, despite her taking the child to the High Court (to testify against me) without her having a solicitor (her right as a child, and free). Specifically, the court wants to see that you actively support your child’s relationship with his father, and you encourage that relationship to develop. The paper purports to reveal certain correlations, or associations, between allegations of abuse, allegations of alienation, and courts ruling to change the custodial parent from mother to father, or vice-versa. Enter your email address to follow K. S. Bowers and receive updates, release information, and more. Mothers are losing custody of their children to their abusers even in cases where family violence is documented with hospital records, convictions, and restraining orders. And in just 81 of those was custody transferred from Mom to Dad. SCHOLARLY COMMENTARIES V. MEDIA REPORTS High conflict families are disproportionately represented among the population of those contesting custody and visitation. There is no time to waste. That’s an important and disturbing question. “The only other things that matters to me is working to get body cameras on social workers made manadary, complete transparency in family courts with each FC hearing to be video taped, evidential standards in FC to be the same as in criminal courts, for all cases involving allegations of abuse/violence of any kind to be pursued and actioned in the criminal courts concurrent with any FC hearings and such criminal cases to be CONCLUDED before conclusion of the FC case.”, While I concur with the above. Cahn’s article is entitled “Why Women Lose Custody,” but Meier’s dubious claims aren’t the reason. Here’s what she said: Parental alienation (or “alienation”), while lacking any universal definition, at its essence, is the theory that when a mother and/or child seek to restrict a father’s access to the child, their claims of dangerousness or harm are not true, but due to the mother’s anger or hostility, or pathology. What woman reading this will not be hopping mad? The wording of the above quote (and throughout the paper) invites us to interpret these associations thus: if a poor abused mother has the nerve to allege that her ex-partner is abusive, she is likely to be punished for it by removal of her children. It is going to cause upset among men however, which is a foreseeable and understandable end result of data which speaks in part to gender. What we need reporting is the research on what is actually happening in UK courts – THAT could be used in a court case. We need to break that power by holding them very publically and, where required criminally accountable. Upon losing custody of their children, many women have been issued gag orders, which prevents them from discussing their cases. If you are physically, emotionally, or sexually abusing your child, chances are very … Do children need a relationship with their fathers even when their fathers have been abusive to them in the past? Sorry, your blog cannot share posts by email. Until that gets changed, children will continue to be victims because victimisation by agents of the state is the hardest possible victimisation to end. Can a father breastfeed his child? Nowhere did she attempt to differentiate between, say, a push or shove and a beating that put the victim in the hospital. But Meier’s less interested in facts than she is in keeping kids from maintaining healthy relationships with their fathers post-divorce, so why use a real definition of PA when a false one is so much more serviceable? As advocacy research goes, this is not one of the more subtle varieties. Each case is litigated and tried on its own merits. List readers may be interested in this review of the Joan Meier study by family law commentator Robert Franklin. Some mothers reached a mutual decision with an ex-partner. Learn how your comment data is processed. We need transparency and accountability right from day one. We have already seen the skew due to being predominantly appellate court data, and hence the huge gender-skew in which sex is the appellant. Leaving requires careful strategy, and the danger level increases during this time as most victims are more likely to be killed while attempting to end the relationship or just after leaving. What it needs to be about is when children allege abuse. I don’t see the point of posting this quite frankly. A further review of Joan Meier’s treatise that works through the misrepresentation of data and exposing bogus academic research driven by doctrinaire dogma. That does not exist. Mothers who report sexual abuse nearly always lose custody. When fathers alleged mothers were engaged in alienation, regardless of any abuse claims, they took contact rights away from her 44% of the time; When the genders were reversed, and fathers started out with custody of the children, courts removed children from fathers and placed them with mothers  only 28% of the time; Even when the father’s abuse was proven in court, mothers who had alleged that abuse still lost custody in 13 % of the cases; By contrast, fathers lost custody only 4% of the time when a mother’s abuse was proved in court; Overall, fathers were much more likely than mothers to win contact disputes when claiming alienation. It’s devastating and wrong and should not be allowed to happen. ukfamilycourtcorruptpracticesJohn Malloch-Caldwell said: A mother abused as a child and put in care had this used against her in court and had her daughter, how is subject to an incurable genetic condition, proven by forensic DNA evidence that the mother was not responsible, placed in care. Parental Alienation, which is a form of psychological or mental child abuse, is not some magical potion concocted by defense attorneys and experts to convince Judges they must reduce or remove a mother’s parenting time. In the cases she studied, it’s entirely possible that judges’ decisions were completely sound and well-founded. The Main Grounds for A Mother to Lose Custody of her Child(ren) The mother engaged in acts of physical abuse against the father or the child(ren). The UK and the US family courts are very similar in a lot of ways, and this research while not carried out in the UK, highlights the same problem we have here. If the outcome of the appeal is to change the children’s residency, in 85% of cases it can only go from mother to father. For a professional to present it this way is staggering in a UK context. If so, what does that relationship look like?” -Eric Holder, Attorney General of the United States of America, to the National Summit on the Intersection of Domestic Violence and Child Maltreatment, June 2009. The “conclusion” comes from nowhere – or, rather, it comes from pre-existing prejudice but not from the data within the study. But a systemic bias against mothers in the courts seems unlikely, both in view of quote (A), above, and also because mothers are awarded custody far more often (~85%). Research shows children are placed in full or partial custody of their identified sexual abusers 90%of the time. Perhaps if I’d made allegations of abuse I would have done better! “MeMe. Straightaway we see that the data source used by Meier is severely skewed. What’s wrong with them? However in non-abuse cases, the data held that alienation had a more gender-neutral impact. Changing what happens in FC, starts with changing what happens the very first time social service involvement commences. Mothers Losing Custody To Abusive Fathers Mothers are leaving an abusive relationship and the abusive father are gaining custody of the children. For example, although she uses the terms “abuse” and “alienation” liberally, she nowhere defines abuse and her definition of parental alienation is flat wrong. The domestic violence manuals state that if there is a personal protection order in the case, the father is not allowed to have unsupervised visitations, let alone custody. More broadly, win rates were also identical (89%) for mothers and fathers when the other parent was found to have committed alienation. Well, the better-informed ones, actually. Incredibly, mothers also risk losing custody if they accuse fathers of beating or sexually abusing them or their children — even or especially if these allegations are supported by experts (Chesler, 2011). Currently, they are too protected and they know it. I can find nothing within the paper to substantiate it. That conclusion should not have been permitted. (If an American reader has a better figure I’d be obliged). In custody litigation, when mothers reported abuse — including child abuse and domestic violence — the mothers lost custody 28 percent of the time. As it is, it is simply unhelpful ‘white noise’ of no value – trash on the periphery of my life. The mother engaged in acts of mental abuse towards the child(ren) and also includes acts and behaviors designed to encourage the idea of parental estrangement to the child(ren). (Note in passing how statistically weak is the 28% figure, resulting as it does from just 19 cases out of an original dataset of 4,338). I don’t think superficial research is helpful. The fourth reason fathers may lose custody of their children has to do with what is called the “right … Posted by Natasha in child abuse, Family Law, Judges, judicial bias, Researching Reform. This ‘research’ and the hopelessly amateurish reporting of it are only worthy of someone who already has an answer. Some proportion of these the court of appeal will conclude to be false. “The study, written by professor of clinical law Joan S. Meier, shows that mothers who report abuse — particularly child abuse — are losing child custody at staggering rates. This site uses Akismet to reduce spam. Drug abuse by a parent potentially causes the loss of visitation, custody and even parental rights in the most serious of cases. Mothers losing custody to abusers Human Rights Violations of Mothers and Children Worldwide Documented for UN On August 2, The Women’s Coalition PAC submitted a claim to the UN documenting the human rights violations of mothers and children worldwide, calling on the UN to take action. It raises awareness of how effective it might possible be for a man to make these claims in the UK. This research on US courts would be of no use to me in defending against such allegations in a UK FC. Thousands of Mothers Lose Their Children to Abusive Fathers Representing only women in divorce and custody cases, Diane and Charlie began my education with one grisly case. Here we have another crucial skew in the data. I haven’t added it with the sole purpose of assisting court goers. The entire “study” is an exercise in statistical misdirection, and the claims made in the Conclusion and Abstract are invalidated by serious statistical shortcomings. You will all be familiar with its like (and citation of Elizabeth Sheehy and Linda Neilson is all you need register to have it accurately pigeon-holed). The only other things that matters to me is working to get body cameras on social workers made manadary, complete transparency in family courts with each FC hearing to be video taped, evidential standards in FC to be the same as in criminal courts, for all cases involving allegations of abuse/violence of any kind to be pursued and actioned in the criminal courts concurrent with any FC hearings and such criminal cases to be CONCLUDED before conclusion of the FC case. the leftover comments on relevance and academic integrity, to borrow your words, are insular “white noise.”, I agree COMPLETELY about body cameras on SWs. What is wicked in both cases is that in the absence of a criminal conviction either parent can be and often is jailed for sending a birthday card or waving to the children in breach of the no contact order. Call the National Domestic Violence Hotline or visit their, If you’re planning to divorce your abuser, educate yourself on the. What is important is that children continue their upbringing with both parents, and to that extent the needs of the child are paramount. Nothing odd here. Pingback: Mothers Who Allege Abuse More Likely To Lose Custody of Their Children – Researching Reform | cathy fox blog on child abuse. Family courts have made it easy for batterers to abuse their families, and in this manner the abuse is legal. In many cases, battered women are left bankrupt trying to defend themselves and their children. 1993 ; Marks, 1988 ; Pagelow, 1992 ] / Change,!, many women have been issued gag orders, which we know is alive here: victim-blaming does disservice. Dean would agree with the sole purpose of assisting court goers very publically,. Noncustodial parent years myself solely because of that abusive homes, a violation of their children, many it! 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