Timeforjusticeandprotectionforthechildren: New York pas theory(inappropriate syndrome) use ?

http://www.leadershipcouncil.org/1/pas/media.html

Mark Fass. (August 12, 2010). Judge Transferred Over Alleged Actions in Visitation CaseNew York Law Journal.

[Excerpt] "A Suffolk County judge who was the subject of a searing complaint by a children's advocacy group has been transferred from Family Court to the County Court's civil term.
According to the complaint, Judge Andrew G. Tarantino Jr. granted a father who had been convicted of possessing child pornography and third-degree rape of a minor overnight visitation of his three children, supervised by his own parents.
During the visitation hearing in January, Judge Tarantino joked about child pornography, misstated the facts of the case, refused to hear expert testimony regarding sexual-abuse recidivism and maintained an "inappropriate" relationship with the father's attorney, according to the complaint.
The complaint was filed Tuesday with the New York State Commission on Judicial Conduct by Parents for Megan's Law and the Crime Victims Center, a Long Island advocacy group. It was also forwarded to the OCA, which is independent from the commission.
The OCA transferred the judge out of Family Court on Monday, based on the allegations underlying the complaint." [{Read the complaint]

Claims of 'parental alienation' wielded against ... - New York Post

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Oct 1, 2012 – New York's hip downtown set fled to the Upper East Side following. ...And on Friday, this hurting mother sprinted from the “Gossip'' set in Long Island City ...Kelly is accused by her ex of “parental alienation'' — a new fad in bust-ups that's wielded against women like a club. ... Mike Dehart · Top Commenter ...

Wife Jailed for Parental Alienation In a Divorce Case | Palm Beach ...

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Feb 21, 2011 – Parental alienation frequently has been a hot topic for family law and... the New York mother that was sentenced to jail for parental alienation,

Child Support / Custody - National Center on Domestic and Sexual ...

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A Historical Perspective on Parental Alienation Syndrome and Parental ... From Madness to Mutiny: Why Mothers are Running from Family Courts – And What Can Be Done ... New York State Bar Association Committee on Children and the Law, June 7, 2005. ... Copyright © 2005 Association of Family and Conciliation Courts. ...

PAS Case Law

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Case Law Addressing Parental Alienation Syndrome. Compiled by DV LEAP, 2009 1 ... Fortin, 706 N.Y.S.2d 611 (N.Y. Crim. Ct. 2000) ..... order or on the record as to general professional acceptance of the “parental alienationsyndrome” as ...

New York

Rosen v. Edwards (1990) Tolbert, J. (1990), AR v. SE. New York Law Journal, December 11:27-28.The December 11, 1990 issue of The New York Law Journal [pages 27-28] reprinted, in toto, the ruling of Hon. J. Tolbert of the Westchester Family Court in Westchester Co.
Karen B v. Clyde M., Family Court of New York, Fulton County, 151 Misc. 2d 794; 574 N.Y. 2d 267, 1991.
Krebsbach v. Gallagher, Supreme Court, App. Div., 181 A.D.2d 363; 587 N.Y.S. 2d 346, (1992).
Karen PP. v. Clyde QC. Sup Ct of NY, App Div, 3rd Dept. 197 A.D. 2d 753; 602 N.Y.s. 2d 709; 1993 N.Y. App. Div. LEXIS 9845.
In the matter of J.F. v. L.F., Fam. Ct. of NY, Westchester Cty, 181 Misc 2d 722; 694 N.Y.S. 2d 592; 1999 N.Y. Misc. LEXIS 357.
Oliver V. v. Kelly V., NY Sup. Ct. Part 12. New York Law Journal Nov. 27, 2000.
Sidman v. Zager, Family Court, Tompkins County, NY: V-1467-8-9-94.

New York Courts Address Parental Alienation

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May 10, 2010 – When the question of parental alienation and its influence on custody matters becomes an issue for the courts, problems of proof may arise ...

Child Custody and Parental Alienation. New York Divorce and Family ...

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"child custody" "child support" New York Family Law". [HOME], New York Divorce and Family Law ™ ... Cases Admitting Parental Alienation Syndrome Testimony ...

Parental Alienation IS a Crime! | momlogic.com

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Jun 16, 2010 – In regards to parental alienation, the judge in the New York decision stated, ". .. Interference with the non-custodial parent and child's

NY Higher Court Decision on Parental Alienation | Dr. Richard ...

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Apr 23, 2011 – 17 Responses to NY Higher Court Decision on Parental Alienation. EC says: April 24, 2011 at 8:03 pm. The appeal as well as the original ...

Parental Alienation and Parental Alienation Syndrome Home Page

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Jan 8, 2011 – Parental Alienation (PA), Parental Alienation Syndrome (PAS) website, ... Buffalo, New York, 14209 or call 1-800-828-7571 and request Vol.

Parental Alienation Syndrome — The Parent/Child Disconnect

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However, unless the social worker is familiar with parental alienation and .... in New York City and author of Adult Children of Parental Alienation ...

Canadian Symposium on Parental Alienation in New York City

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Oct 4, 2010 – Canadian Symposium on Parental Alienation in New York City. “Approximately one percent of all children in the United States experience some ...

The value of mediation in child custody disputes - Parental ...

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Parental Alienation. Southern England Psychological Services ... Such shared parenting is certainly the ideal for which to aim, whenever possible. The crux of the ..... New York, NY, US: John Wiley and Sons, Inc. (2001). xi, 352 pp....

The Appellate Division, Third Department said...... - Groups - Yahoo!

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Dec 2, 2006 – The court noted Ms. Chase's "marked weakness[es]" as a parent, but ...Presiding Justice Anthony V. Cardona and Justices Robert S. Rose and John A. ... I have never seen such an egregious case of parental alienation." ...

Curriculum Vitae – 01/11

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NEW YORK CHILDREN'S LAWYER

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Dr. Richard Warshak: Media Kit

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Dr. Richard Warshak | Autobiographical Note

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Richard Warshak at the Brooklyn Bridge around 1974. I was born in Manhattan, New York in 1949, the second son to parents who ... After completing my work at Cornell, I became a counselor at a residential treatment center in Manhattan. ... of Arts in Psychology program at City College of the City University of New York

NY Higher Court Decision on Parental ... - Dr. Richard Warshak

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Apr 23, 2011 – Dr. Richard Warshak's Blog: Plutoverse. Building family bridges . . . and more ... Appellate Division of the Supreme Court of New York, Third ...

Page 3 of about 1,090,000 results (0.54 seconds)

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New York Case Law on Parental Alienation: Part 3: Krebsbach v ...

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New York State has some key cases where a court was reviewing a trial court decision about custody and had to decide whether or not Parental Alienation existed and if it did, was it so destructive to the children that the court ... Gallagher, (181 AD 2d 363 -NY: Sup. .... Asked in Sacramento, CA - October 13, 2012 02:51 .
Parental alienation syndrome - Wikipedia, the free encyclopedia

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Parental alienation syndrome (abbreviated as PAS) is term coined by Richard A. .....Of sixty-four precedent-bearing cases, only two decisions, both in New York State and both in ..... This page was last modified on 22 September 2012 at 00:42.

Parental Alienation: When The “Best Interest of The Child” Fails

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Parental Alienation IS a Crime! | momlogic.com

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Psychiatric group: Parental alienation no disorder - Worldnews.com

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Mayor Bloomberg: Stop closing schools, there's a better way ...

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Michael Bloomberg « Fearless Fathers

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Posts about Michael Bloomberg written by fearlessfathers. ... According to New YorkState · In Dwyane Wade's Divorce, Parental Alienation Is Given a Free Ride ...

The Herald-Sun - Experts assess parental alienation

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Experts assess 'parental alienation' - APA considering term for next edition of DSM By DAVID CRARY ... October 5, 2012 ... NEW YORK -- The American Psychiatric Association has a hot potato on its hands as it updates its catalog of mental ...

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New York Courts Address Parental Alienation - FindLaw

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FindLaw KnowledgeBase. Published: 2010-05-10. New York Courts Address Parental Alienation. Article provided by New York, NY Family Law Attorneys - Most ...

Claims of 'parental alienation' wielded against ... - New York Post

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By ANDREA PEYSER; Last Updated: 4:20 AM, October 1, 2012; Posted: ... And on Friday, this hurting mother sprinted from the “Gossip'' set in Long Island City and boarded a ... Kelly is accused by her ex of “parental alienation'' — a new fad in ...

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Parental Alienation Syndrome

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http://www.ndaa.org/ncpca_update_v16_no7.html

EXCERPTS FROM National district attorneys association

"Introduction

Parental Alienation Syndrome (PAS) has created obstacles for child abuse prosecutors. It is crucial for child abuse prosecutors to understand the theory of PAS, and know how to best challenge its legitimacy in court. Part 1 of this article addressed the PAS theory and its inherent flaws. We now turn to the courts’ approaches to PAS, and propose arguments and methods to suppress this unreliable evidence."

"Conclusion

PAS is an unproven theory that can threaten the integrity of the criminal justice system and the safety of abused children. Prosecutors should educate themselves about PAS and be prepared to argue against its admission in court. In cases where PAS testimony is admitted, it is a prosecutor’s responsibility to educate the judge and jury about the shortfalls of this theory. As more criminal courts refuse to admit PAS evidence, more protection will be afforded to victims of sexual abuse in our court system."

http://www.ndaa.org/ncpca_update_v16_no7.html

The Parental Alienation Syndrome:
Is It Scientific?

by Stephanie J. Dallam, RN, MSN, FNP
Dallam, S. J. (1999). Parental Alienation Syndrome: Is it scientific? In E. St. Charles & L. Crook (Eds.), Expose: The failure of family courts to protect children from abuse in custody disputes . Los Gatos , CA : Our Children Our Children Charitable Foundation.
SEE SECTION:

Gardner 's Views on Pedophilia [2]

Gardner (1992b, pp. 670-71) considers sexual activities between adults and children to be part of the natural repertoire of human sexual activity and suggests that pedophilia may enhance the survival of the human species by serving "procreative purposes" (1992b, p. 24-5). According to Gardner (1992b, p. 593), "pedophilia has been considered the norm by the vast majority of individuals in the history of the world" and "it is a widespread and accepted practice among literally billions of people."

In addition, Gardner (1986, p. 93) believes that children are naturally sexual and may initiate sexual encounters by "seducing" the adult. Moreover, Gardner (1992b, pp. 670-71) maintains that sex abuse is not necessarily traumatic; the determinant as to whether sexual molestation will be traumatic to the child, is the social attitude toward these encounters. Accordingly, Gardner (1992b, pp. 593-4) believes that our society takes an excessively punitive and moralistic attitude toward those who act out their pedophilic impulses. In fact, Gardner (1991, p. 26) suggests that "all of us have some pedophilia within us."

It should be noted that Gardner's views on pedophilia are at odds with the scientific research on child sexual abuse which has consistently and conclusively shown the negative long-term effects of sexual abuse on children's lives (e.g., Fergusson, Horwood, & Lynskey, 1996; Johnson, Cohen, Brown, Smailes, & Bernstein, 1999; Silverman, Reinherz, & Giaconia, 1996).

http://www.leadershipcouncil.org/1/res/dallam/3.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,"

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.

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:

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

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.

Barry Goldstein is a nationally recognized domestic violence expert, speaker, writer and consultant. He is the co-editor with Mo Therese Hannah of DOMESTIC VIOLENCE, ABUSE and CHILD CUSTODY. Barry can be reached by email from their web sitewww.Domesticviolenceabuseandchildcustody.com

Saturday, November 3, 2012

New York pas theory(inappropriate syndrome) use ?

EXCERPTS FROM National district attorneys association

"Introduction

"Conclusion

The Parental Alienation Syndrome:Is It Scientific?

Gardner 's Views on Pedophilia [2]

ABOUT SAFE CHILD ACT 2012

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The Parental Alienation Syndrome:
Is It Scientific?