Correcting Existing Mistaken Outcomes first paragraph
"What do we do about the tens of thousands of heartbreaking cases in which custody courts have used their standard flawed practices to separate children from safe protective mothers who usually have been their primary attachment figure and sent them to live with dangerous abusers? Courts follow the doctrine of stare decisis in all cases, not just custody or domestic violence. This mean that once they make a decision, it is binding on both parties and cannot be relitigated. There are many good reasons for this practice as constantly retrying cases because one party is dissatisfied with the results would clog the courts and waste resources. We can be sure abusers would take full advantage if they were permitted to".
http://www.causes.com/causes/659087-safe-child-act-2012
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
Friday, March 30, 2012
Excerpt "The legislation also finds that the courts’ response to sexual abuse allegations has been a disaster for children
The Importance of Findings paragraph 4
Excerpt "The legislation also finds that the courts’ response to sexual abuse allegations has been a disaster for children. Many of the common mistakes are discussed in the findings. The courts will have to change its practices as a result of the legislation and if the changes do not result in significant changes in the pattern of outcomes it would be clear the courts are not implementing the intent of the legislature. The child sexual abuse scandals at the Catholic Church, Penn State and Syracuse were allowed to continue longer because of the widespread assumption that men who are successful in other parts of their lives could not have committed such vile actions. This is the same mistake the custody courts keep making and the findings should force the courts to change this practice,".
http://www.causes.com/causes/659087-safe-child-act-2012
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
Excerpt "The legislation also finds that the courts’ response to sexual abuse allegations has been a disaster for children. Many of the common mistakes are discussed in the findings. The courts will have to change its practices as a result of the legislation and if the changes do not result in significant changes in the pattern of outcomes it would be clear the courts are not implementing the intent of the legislature. The child sexual abuse scandals at the Catholic Church, Penn State and Syracuse were allowed to continue longer because of the widespread assumption that men who are successful in other parts of their lives could not have committed such vile actions. This is the same mistake the custody courts keep making and the findings should force the courts to change this practice,".
http://www.causes.com/causes/659087-safe-child-act-2012
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
Excerpt ""One of the big problems in domestic violence custody cases is that courts, using flawed practices and unqualified professionals fail to recognize valid complaints about domestic violence
The Importance of Findings third paragraph
"One of the big problems in domestic violence custody cases is that courts, using flawed practices and unqualified professionals fail to recognize valid complaints about domestic violence. This frequently results in punishment of the mother for trying to protect her children. The findings state specifically that the courts are frequently failing to recognize domestic violence because of the outdated and discredited practices they use. Attorneys should be able to challenge these practices more effectively by citing the findings by the legislature. The legislation also finds that unqualified professionals often rely on the myth that women frequently make false allegations of abuse. This leads to the rejection of many valid complaints without a fair hearing. The law also confirms the problem of widespread gender bias against women litigants and requires appellate courts to reverse decisions based on these biased approaches,".
http://www.causes.com/causes/659087-safe-child-act-2012
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
"One of the big problems in domestic violence custody cases is that courts, using flawed practices and unqualified professionals fail to recognize valid complaints about domestic violence. This frequently results in punishment of the mother for trying to protect her children. The findings state specifically that the courts are frequently failing to recognize domestic violence because of the outdated and discredited practices they use. Attorneys should be able to challenge these practices more effectively by citing the findings by the legislature. The legislation also finds that unqualified professionals often rely on the myth that women frequently make false allegations of abuse. This leads to the rejection of many valid complaints without a fair hearing. The law also confirms the problem of widespread gender bias against women litigants and requires appellate courts to reverse decisions based on these biased approaches,".
http://www.causes.com/causes/659087-safe-child-act-2012
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
excerpts"This would create some accountability that has been sorely missing.
Retraining Judges and other Court Professionals
Excerpts "The language in the proposal refers not just to training but retraining. It says that the present practices and beliefs have not worked to protect children’s safety. In order to avoid being reversed, judges will have to have an understanding of the new safety practices and avoid the old flawed practices. Without active participation in the retraining programs, the judges’ mistakes would become obvious. This would create some accountability that has been sorely missing. In fairness, I do not believe most judges want to hurt children or even risk their safety. They just do not understand the enormous harm they have been causing ,".
http://www.causes.com/causes/659087-safe-child-act-2012
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
Excerpts "The language in the proposal refers not just to training but retraining. It says that the present practices and beliefs have not worked to protect children’s safety. In order to avoid being reversed, judges will have to have an understanding of the new safety practices and avoid the old flawed practices. Without active participation in the retraining programs, the judges’ mistakes would become obvious. This would create some accountability that has been sorely missing. In fairness, I do not believe most judges want to hurt children or even risk their safety. They just do not understand the enormous harm they have been causing ,".
http://www.causes.com/causes/659087-safe-child-act-2012
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
Excerpt" describes the problem of courts frequently giving custody to sexual predators and taking safe, protective mothers out of children’s lives at a time when the children most need them
Excerpts "Allegations of child sexual abuse make people uncomfortable and court professionals often respond by using practices that undermine their ability to recognize and respond to valid allegations. In the findings the law specifically describes the problem of courts frequently giving custody to sexual predators and taking safe, protective mothers out of children’s lives at a time when the children most need them. The law is clear that one of the purposes is to reform the way custody courts respond to child sexual abuse allegations,"
http://www.causes.com/causes/659087-safe-child-act-2012
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
http://www.causes.com/causes/659087-safe-child-act-2012
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
Excerpts This is important because unqualified evaluators often use their personal beliefs and biases and invalid theories instead of current research.
Excerpt "The proposed legislation also requires the use of current scientific research to inform court decisions. This is important because unqualified evaluators often use their personal beliefs and biases and invalid theories instead of current research. The law specifically discusses the kinds of studies the legislature wants the courts to use in order to avoid bogus theories that are not based upon valid research. It specifically refers to research that unqualified professionals often rely on the myth that women frequently make false allegations,". http://timesupblog.blogspot.com/2012/03/safe-child-act.html
http://www.causes.com/causes/659087-safe-child-act-2012
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
http://www.causes.com/causes/659087-safe-child-act-2012
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
"Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis.
http://www.causes.com/causes/659087-safe-child-act-2012
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
http://www.causes.com/causes/659087-safe-child-act-2012/about
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein
http://www.causes.com/causes/659087-safe-child-act-2012/about
Excerpt http://timesupblog.blogspot.com/2012/03/safe-child-act.html "Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation,"
Monday, March 26, 2012
ABOUT SAFE CHILD ACT like the cause click here thank you
ABOUT SAFE CHILD ACT 2012
safe child act 2012
The heart of the proposal is the requirement that professionals used to provide expertise and advice to the court are knowledgeable about the five subjects required for an understanding of domestic violence. These are:
The heart of the proposal is the requirement that professionals used to provide expertise and advice to the court are knowledgeable about the five subjects required for an understanding of domestic violence. These are:
1. Knowing what behaviors are associated with higher risk of lethality or injury.
2. Domestic violence dynamics
3. The effects of domestic violence on children.
4. Recognizing domestic violence
5. Batterer narratives.
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
by Barry Goldstein http://www.causes.com/causes/659087-safe-child-act-2012/about
by Barry Goldstein http://www.causes.com/causes/659087-safe-child-act-2012/about
Thursday, March 22, 2012
Safe Child Act section Conclusion by Barry Goldstein
by Barry Goldstein
Last month my article was about legislation needed to stop custody courts from routinely sending children into the custody of dangerous abusers. My meeting with a state legislator led to her request that I prepare a proposal that would be the basis of legislation to reform the broken system. I would like to thank Toby Kleinman for her assistance in drafting this proposal. Immediately below will be my proposal for a Safe Child Act and I will then discuss why I think this would make a difference. You are most welcome to post or otherwise use this proposal and this article in support of efforts to reform the system. In fact I hope many people will take the proposal for a Safe Child Act and ask their legislators to sponsor it.
Safe Child Act
Purpose: Improve the Safety of Children involved in Child Custody Cas
Conclusion
As I discussed last month in my article about legislative proposals, there are other ideas and provisions that could be added to the reforms and some of the ideas in this proposal could be removed if necessary to gain approval. I believe that as long as safety of children is effectively treated as the first priority, this will create the fundamental reforms necessary to alter the frequency of outcomes that place children in jeopardy. It is critical that safety be defined to include not only physical abuse, but also situations that place children at risk. Also critical is the definition of domestic violence both to help courts recognize the coercive and controlling behaviors abusers use and to avoid the mistakes where victims are accused of domestic violence if they strike out in self-defense or frustration.
The heart of the proposal is the requirement that professionals used to provide expertise and advice to the court are knowledgeable about the five subjects required for an understanding of domestic violence. These are:
1. Knowing what behaviors are associated with higher risk of lethality or injury.
2. Domestic violence dynamics
3. The effects of domestic violence on children.
4. Recognizing domestic violence
5. Batterer narratives.
With these provisions the courts can stop sending children to live with dangerous abusers. Instead of pressuring mothers to cooperate with their abusers they can be using their power and authority to require him to stop his abuse if he wants to have a relationship with the children. It is important for legislators and court professionals to understand that children do not need both parents equally. They need the safe parent more than the abusive one and their primary attachment figure more than their other parent. It is certainly high time the courts start making decisions that are truly based on what is really in the best interests of the children.
Safe Child Act section Additional Useful Benefits by Barry Goldstein
by Barry Goldstein
Last month my article was about legislation needed to stop custody courts from routinely sending children into the custody of dangerous abusers. My meeting with a state legislator led to her request that I prepare a proposal that would be the basis of legislation to reform the broken system. I would like to thank Toby Kleinman for her assistance in drafting this proposal. Immediately below will be my proposal for a Safe Child Act and I will then discuss why I think this would make a difference. You are most welcome to post or otherwise use this proposal and this article in support of efforts to reform the system. In fact I hope many people will take the proposal for a Safe Child Act and ask their legislators to sponsor it.
Safe Child Act
Purpose: Improve the Safety of Children involved in Child Custody Cases
Additional Useful Benefits
One of the big problems in the custody court has been the reliance on unqualified mental health professionals. Courts originally turned to them based on the popular assumption that domestic violence was caused by substance abuse, mental illness or the actions of the victim. We now know that these assumptions were wrong, but the courts continue to treat a mental health degree as if it provided expertise in domestic violence. Interestingly, the new Department of Justice study found that recommendations from social workers and lawyers worked better for children than those made by psychologists and psychiatrists. This contradicts popular beliefs that a degree based on a longer course of study would provide more expertise. It appears psychologists and psychiatrists are less effective in domestic violence cases because they rely on psychological testing that is not useful in most cases and fail to use a holistic approach. The Safe Child Act would specifically state that graduate degrees should not be treated as proof of domestic violence expertise and the lack of such degrees should not be the basis for refusing to listen to testimony from domestic violence experts. Even the current law provides for qualifying experts based on training and experience, but many judges have failed to follow the law when disqualifying domestic violence experts who usually know more about domestic violence than the mental health professionals routinely relied on. The law would also discourage the use of mental health professionals in cases where there are no legitimate mental health issues.
The proposal would also mandate early evidentiary hearings in all cases in which there are allegations or evidence of domestic violence. The hearing would be limited to the issue of whether the abuse allegations are true. There would be no need to go to the time and expense of appointing a GAL or evaluator as the hearing would be limited to the factual issue of the validity of domestic violence allegations. If the allegations are true and the non-abusive parent is safe, she would receive custody and the abuser would be limited to supervised visitation. Instead of forcing victims to accommodate their abusers, the law would place the burden on the abuser to change his behavior and convince the court it would be safe for him to have unsupervised visitation. Any further abuse would end all visitation.
Safe Child Act section Correcting Existing Mistaken Outcomes
by Barry Goldstein
Last month my article was about legislation needed to stop custody courts from routinely sending children into the custody of dangerous abusers. My meeting with a state legislator led to her request that I prepare a proposal that would be the basis of legislation to reform the broken system. I would like to thank Toby Kleinman for her assistance in drafting this proposal. Immediately below will be my proposal for a Safe Child Act and I will then discuss why I think this would make a difference. You are most welcome to post or otherwise use this proposal and this article in support of efforts to reform the system. In fact I hope many people will take the proposal for a Safe Child Act and ask their legislators to sponsor it.
Safe Child Act
Purpose: Improve the Safety of Children involved in Child Custody Cases
Correcting Existing Mistaken Outcomes
What do we do about the tens of thousands of heartbreaking cases in which custody courts have used their standard flawed practices to separate children from safe protective mothers who usually have been their primary attachment figure and sent them to live with dangerous abusers? Courts follow the doctrine of stare decisis in all cases, not just custody or domestic violence. This mean that once they make a decision, it is binding on both parties and cannot be relitigated. There are many good reasons for this practice as constantly retrying cases because one party is dissatisfied with the results would clog the courts and waste resources. We can be sure abusers would take full advantage if they were permitted to.
We often see cases in which the court considered allegations of domestic violence or child abuse, found against the mother and then refuse to consider new evidence that with the earlier evidence would prove the father is dangerous. The original decision might be because there was not sufficient evidence or the flawed practices prevented the court from using the evidence to understand the actual situation. The Safe Child Act would provide a solution and create the opportunity for many children to be rescued.
The law would say that the findings that custody courts are routinely using bad practices that result in its failure to recognize valid allegations of abuse. Accordingly the passage of the law and the findings and research it is based upon constitute a change of circumstance that would permit victims of the flawed practices to have a new hearing to determine if the custody-visitation arrangement should be changed based upon the improved practices required by the law and the research about children’s safety. Once courts make a mistake and send children to live with an abuser they often refuse to return the child to the safe parent based on continuity. Basically this means that children do better when their lives are not disrupted so there is a strong tendency to leave the child with the custodial parent (of course this does not seem to be an obstacle when they want to remove children from their mothers). Continuity is a valid consideration and reasonable to be included in the factors determining custody. It is not, however a safety issue so that proof of domestic violence, child abuse or primary attachment which are all safety issues would take precedence.
This means that courts could not refuse to provide a new hearing or consider evidence of domestic violence or child abuse despite prior denials of the allegations. In the new hearing the courts would have to use the new and improved practices mandated by the law. Hopefully this would discourage courts from continuing to send children to live with abusers because this would only make more work for the court. Most importantly, the law would give protective parents an opportunity to rescue children placed in danger by mistaken court decisions.
Safe Child Act section The Importance of Findings
by Barry Goldstein
Last month my article was about legislation needed to stop custody courts from routinely sending children into the custody of dangerous abusers. My meeting with a state legislator led to her request that I prepare a proposal that would be the basis of legislation to reform the broken system. I would like to thank Toby Kleinman for her assistance in drafting this proposal. Immediately below will be my proposal for a Safe Child Act and I will then discuss why I think this would make a difference. You are most welcome to post or otherwise use this proposal and this article in support of efforts to reform the system. In fact I hope many people will take the proposal for a Safe Child Act and ask their legislators to sponsor it.
Safe Child Act
Purpose: Improve the Safety of Children involved in Child Custody Cases
The Importance of Findings
The proposed legislation includes extensive findings and I believe this is important because it essentially says that the present practices are working poorly for children. Lawyers representing protective mothers will be able to cite the findings in case abusers or judges seek to undermine the purpose of the reforms. The findings make it clear that the intent of the legislature is for courts to stop using practices that have proven so harmful to children.
The findings specifically challenge the widespread assumption by court professionals that contested custody are “high conflict” cases. Instead the law makes findings based on current research that most contested custody are really domestic violence cases in which an abuser is seeking custody to maintain control after his partner left him. This different understanding is critical because it encourages the use of accountability against abusers and to make him stop instead of pressuring his victim to cooperate with him. An attorney should have an easy time challenging the uses of flawed “high conflict” approaches because the legislature is telling the courts those approaches are harmful to children.
One of the big problems in domestic violence custody cases is that courts, using flawed practices and unqualified professionals fail to recognize valid complaints about domestic violence. This frequently results in punishment of the mother for trying to protect her children. The findings state specifically that the courts are frequently failing to recognize domestic violence because of the outdated and discredited practices they use. Attorneys should be able to challenge these practices more effectively by citing the findings by the legislature. The legislation also finds that unqualified professionals often rely on the myth that women frequently make false allegations of abuse. This leads to the rejection of many valid complaints without a fair hearing. The law also confirms the problem of widespread gender bias against women litigants and requires appellate courts to reverse decisions based on these biased approaches.
The legislation also finds that the courts’ response to sexual abuse allegations has been a disaster for children. Many of the common mistakes are discussed in the findings. The courts will have to change its practices as a result of the legislation and if the changes do not result in significant changes in the pattern of outcomes it would be clear the courts are not implementing the intent of the legislature. The child sexual abuse scandals at the Catholic Church, Penn State and Syracuse were allowed to continue longer because of the widespread assumption that men who are successful in other parts of their lives could not have committed such vile actions. This is the same mistake the custody courts keep making and the findings should force the courts to change this practice.
Safe Child Act section Retraining Judges and other Court Professionals
by Barry Goldstein
Last month my article was about legislation needed to stop custody courts from routinely sending children into the custody of dangerous abusers. My meeting with a state legislator led to her request that I prepare a proposal that would be the basis of legislation to reform the broken system. I would like to thank Toby Kleinman for her assistance in drafting this proposal. Immediately below will be my proposal for a Safe Child Act and I will then discuss why I think this would make a difference. You are most welcome to post or otherwise use this proposal and this article in support of efforts to reform the system. In fact I hope many people will take the proposal for a Safe Child Act and ask their legislators to sponsor it.
Safe Child Act
Purpose: Improve the Safety of Children involved in Child Custody Cases
Retraining Judges and other Court Professionals
Contrary to appearances, judges receive training about domestic violence and other related issues. The problem is that some of the trainings are provided by unqualified professionals and when a good training is presented some judges, believing they already know everything, do not pay much attention. Most legal professionals have heard the often unqualified evaluators providing misinformation throughout their careers and so the wrong information can be so deeply ingrained they are not open to evidence based upon current scientific research that disputes what they have heard most of their careers.
I believe that by making substantial changes in the way domestic violence custody cases are considered it will encourage court professionals to hear the new information because that is what will be required to respond to cases from now on. The law also requires that the information be presented by genuine experts in domestic violence and be based on current scientific research. As discussed earlier, the law would require courts to consider specific types of information that are needed to assess the safety of children. Judges and other court professionals are unfamiliar with this information because they have been relying on mental health professionals who do not have the needed domestic violence expertise. Indeed this was the finding of the new U. S. Department of Justice study.
The language in the proposal refers not just to training but retraining. It says that the present practices and beliefs have not worked to protect children’s safety. In order to avoid being reversed, judges will have to have an understanding of the new safety practices and avoid the old flawed practices. Without active participation in the retraining programs, the judges’ mistakes would become obvious. This would create some accountability that has been sorely missing. In fairness, I do not believe most judges want to hurt children or even risk their safety. They just do not understand the enormous harm they have been causing.
Safe Child Act by Barry Goldstein section Child Sexual Abuse Cases
by Barry Goldstein
Last month my article was about legislation needed to stop custody courts from routinely sending children into the custody of dangerous abusers. My meeting with a state legislator led to her request that I prepare a proposal that would be the basis of legislation to reform the broken system. I would like to thank Toby Kleinman for her assistance in drafting this proposal. Immediately below will be my proposal for a Safe Child Act and I will then discuss why I think this would make a difference. You are most welcome to post or otherwise use this proposal and this article in support of efforts to reform the system. In fact I hope many people will take the proposal for a Safe Child Act and ask their legislators to sponsor it.
Safe Child Act
Purpose: Improve the Safety of Children involved in Child Custody Cases
Child Sexual Abuse Cases
Allegations of child sexual abuse make people uncomfortable and court professionals often respond by using practices that undermine their ability to recognize and respond to valid allegations. In the findings the law specifically describes the problem of courts frequently giving custody to sexual predators and taking safe, protective mothers out of children’s lives at a time when the children most need them. The law is clear that one of the purposes is to reform the way custody courts respond to child sexual abuse allegations.
Several improved practices are specifically required. Any professionals relied on by the courts would be required to have experience and expertise in child sexual abuse. They would be required to take the time to develop a trusting relationship with the child before expecting her to reveal the abuse. Practices that treated the failure of prosecutors of child protective agencies to bring charges as proof the allegations were false would be outlawed. Courts would be forbidden to penalize parents for making good faith allegations of abuse. Courts would be required to consider common situations like boundary violations, evidence that is insufficient to determine if the allegations are true, and good faith allegations that turn out wrong. Accordingly courts would be discouraged from limiting their investigation to the possibility that the allegation is true or else assuming it is a deliberately false allegation.
The law would also take steps to prevent the blind reliance of mental health professionals who often do not have the needed expertise or worse have a bias against believing mothers’ allegations. All parties would have the right to present their own expert witnesses and the court would be required to evaluate the expert testimony based upon credentials and the value of the testimony rather than automatically give preference to the court-appointed expert. This is important as we often see courts refuse to hear domestic violence or other experts that could help the court understand the circumstances.
Safe Child Act section Mandating Practices Supported by Current Scientific Research
by Barry Goldstein
Last month my article was about legislation needed to stop custody courts from routinely sending children into the custody of dangerous abusers. My meeting with a state legislator led to her request that I prepare a proposal that would be the basis of legislation to reform the broken system. I would like to thank Toby Kleinman for her assistance in drafting this proposal. Immediately below will be my proposal for a Safe Child Act and I will then discuss why I think this would make a difference. You are most welcome to post or otherwise use this proposal and this article in support of efforts to reform the system. In fact I hope many people will take the proposal for a Safe Child Act and ask their legislators to sponsor it.
Safe Child Act
Purpose: Improve the Safety of Children involved in Child Custody Cases
Mandating Practices Supported by Current Scientific Research
The biggest obstacle to courts protecting children in domestic violence cases is their reliance on unqualified professionals together with unjustified confidence in their ability to understand abuse. In many cases the judge is only looking for a mental health degree, but even when domestic violence expertise is requested, the mental health professionals claim such expertise because there is no strict standard about what that means. The Safe Child Act would require very specific knowledge as a condition of participating in domestic violence cases and this expertise would be difficult for the usual suspects relied on by the courts to fake. Their reports would be expected to discuss these topics and the failure to do so would be a basis to discredit the report or for an appeals court to reverse a decision.
The mandatory expertise would include behaviors associated with higher risks of lethality or other dangers, domestic violence dynamics, recognizing domestic violence, effects of domestic violence on children and familiarity with batterer narratives. Genuine experts with this expertise can be relied on to recognize domestic violence and make recommendations that protect the safety of children.
The proposed legislation also requires the use of current scientific research to inform court decisions. This is important because unqualified evaluators often use their personal beliefs and biases and invalid theories instead of current research. The law specifically discusses the kinds of studies the legislature wants the courts to use in order to avoid bogus theories that are not based upon valid research. It specifically refers to research that unqualified professionals often rely on the myth that women frequently make false allegations.
Parental Alienation Syndrome is not mentioned by name, but the law would bar theories like PAS that have no scientific basis. Furthermore professionals who seek to use such bogus theories would be barred from participating in domestic violence cases. The recent rejection of the campaign to include PAS in the DSM IV because it has no scientific basis should make it easy for PAS to be rejected including when it is used by other names such as parental alienation or just alienation.
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