Friday, January 30, 2015

parental alienation theory legal

Richard A. Gardner, M.D., is the creator of the creator and main proponent for Parental Alienation Syndrome (PAS) theory.

CHILD CUSTODY FOR SEX OFFENDERS
Published: 04/20/1999 at 1:00 AM
CHILD CUSTODY FOR SEX OFFENDERS
Read more at http://www.wnd.com/1999/04/2738/#HdKEqib9xdZu1GVC.99
EXCERPT: Inevitably, Gardner 's sole experimental authority for this PAS theory is Alfred C. Kinsey. In fact, Gardner largely plagiarizes Chapters 5 in Sexual Behavior in the Human Male (1948) and Female (1953) to show child molestation is normal. http://www.wnd.com/1999/04/2738/#HdKEqib9xdZu1GVC.99 

  • Judith Gelernter Reisman, Ph.D. - : Table 34

    www.drjudithreisman.com/archives/2010/10/table_34.html
      
    Oct 11, 2010 - This is "Table 34" from Sexual Behavior in the Human Male (1948) page 180, 5 month baby tested for "orgasm" allegedly has "3" and the 4 year ...

  • Sordid Science - Dr. Judith Reisman

    www.drjudithreisman.com/archives/2005/08/sordid_science_4.html
      
    Aug 14, 2005 - "Table 34 was truly grotesque," writes Dr. Judith Reisman in her book, "Kinsey: Crimes and Consequences." "It reported around-the-clock  ...


    • Dr. Richard Gardner: A Review of His Theories and Opinions 
    on Atypical Sexuality, Pedophilia, and Treatment Issues

    by Stephanie J. Dallam, RN, MSN, FNP
    Reference: Dallam, S. J. (1998). Dr. Richard Gardner: A review of his theories and opinions on atypical sexuality, pedophilia, and treatment issues. Treating Abuse Today, 8(1), 15-23.

    • Gardner (1992, pp. 18-32) has developed his own theory concerning the evolutionary benefits of deviant sexual practices or paraphilias. Gardner proposes that many different types of human sexual behavior, including pedophilia, sexual sadism, necrophilia (sex with corpses), zoophilia (sex with animals), coprophilia (sex involving defecation), klismaphilia (sex involving enemas), and urophilia (sex involving urinating), can be seen as having species survival value and thus do "not warrant being excluded from the list of the `so-called natural forms of human sexual behavior.'" Such paraphilias may serve nature's purposes by their ability to enhance the general level of sexual excitation in society and thereby increase the likelihood that people will have sex, which then contributes to the survival of the species (Gardner, 1992, p. 20).
    Excerpts see section "

    "Gardner 's Views on Pedophilia"

    "The sexually abused child is generally considered to be the victim," though the child may initiate sexual encounters by "seducing" the adult.
    Despite Gardner 's emphasis on false allegations of sexual abuse, he admits that genuine sexual abuse of children is widespread and that the vast majority ("probably over 95%") of all sex abuse allegations are valid (Gardner, 1991, p. 7, 140). In fact, Gardner (1992, p. 670) considers sexual activities between adults and children to be a universal phenomenon which exist to a significant degree in every culture in the world. Similarly, "intrafamilial pedophilia (that is, incest) is widespread and ... is probably an ancient tradition" (Gardner, 1991, p. 119).
    Gardner (1991, p. 118) suggests that Western society's is "excessively moralistic and punitive" toward pedophiles. Gardner maintains that "the Draconian punishments meted out to pedophiles go far beyond what I consider to be the gravity of the crime." The current prohibition of sex between adults and children is an "overreaction" which Gardner traces to the Jews.
    It is of interest that of all the ancient peoples it may very well be that the Jews were the only ones who were punitive toward pedophiles. Early Christian proscriptions against pedophilia appear to have been derived from the earlier teachings of the Jews, and our present overreaction to pedophilia represents an exaggeration of Judeo-Christian principles and is a significant factor operative in Western society's atypicality with regard to such activities (Gardner, 1992, pp. 46-7).
    Gardner (1992, p. 15) states: "There is good reason to believe that most, if not all, children have the capacity to reach orgasm at the time they are born." In addition, some children experience "high sexual urges in early infancy" and "the normal [italics in original] child exhibits a wide variety of sexual fantasies and behaviors, many of which would be labeled as `sick' or `perverted' if exhibited by adults" (Gardner, 1991, p. 12). Gardner (1986, p. 93) notes that "the sexually abused child is generally considered to be the victim," though the child may initiate sexual encounters by "seducing" the adult. Gardner (1986, p. 93) suggests that if the sexual relationship is discovered, "the child is likely to fabricate so that the adult will be blamed for the initiation."
    The view that pedophilia is a sickness and a crime is a reflection of Western society's present position on this subject. As a product of Western culture, Gardner (1992, p. 49) states: "I too have come to believe that sexual activity between an adult and a child is a reprehensible act. However, I do not believe that it is intrinsically so; in other societies and other times it may not be psychologically detrimental." "The determinant as to whether the experience will be traumatic is the social attitude toward these encounters" (Gardner 1992, pp. 670-1)."


      1. Quotes By Richard Gardner

      2. On Pedophilia
        “The child should be able to pity the father for the curse (in our society) of having pedophilic tendencies.  In other times and other places, he would be considered normal.”
        RICHARD A. GARDNER, TRUE AND FALSE ALLEGATIONS OF CHILD SEX ABUSE  592 (1992).
        “He [the pedophile] has also had bad luck with regard to the place and time he was born with regard to social attitudes toward pedophilia.  However, these are not reasons to condemn himself.”
        RICHARD A. GARDNER, TRUE AND FALSE ALLEGATIONS OF CHILD SEX ABUSE  593 (1992).
        “I believe that all of us have some pedophilia within us.”
        RICHARD A. GARDNER, SEX ABUSE HYSTERIA: THE SALEM WITCH TRIALS REVISITED 26 (1991).
        “Each time the accusers make an accusation, they are likely to be forming an internal visual image of the sexual encounter.  With each mental replay, the accusers gratify the desire to be engaging in the activities that the perpetrators are involved in in the visual imagery. . Each time we conjure up a visual image of the child being sexually abused, we gratify vicariously our or pedophilic impulses.”
        RICHARD A. GARDNER, SEX ABUSE HYSTERIA: THE SALEM WITCH TRIALS REVISITED 25 (1991).
        “[The pedophile] has to be helped to appreciate that pedophilia has been considered the norm by the vast majority of individuals in the history of the world.  He has to be helped to appreciate that, even today, it is a widespread and accepted practice among literally billions of people.” RICHARD A. GARDNER, TRUE AND FALSE ALLEGATIONS OF CHILD SEX ABUSE  593 (1992).
        On Pedophilic Impulses of Judges:
        “There is no question that abuse cases are ‘turn ons’ for the wide variety of individuals involved in them, the accuser(s), the prosecutors, the lawyers, the judges, the evaluators, the psychologists, the reporters, the readers of the newspapers, and everyone else involved— except for the falsely accused and the innocent victim . . . Everyone is getting their ‘jollies,’ except the two central figures, who are not only getting little if any sexual pleasure out of the whole thing but whose lives are being destroyed in the process.”
        RICHARD A. GARDNER, SEX ABUSE HYSTERIA: THE SALEM WITCH TRIALS REVISITED 31 (1991)
        “Judges are not free from the psychopathological mechanisms. . .  They too may have repressed pedophilic impulses over which there is suppression, repression, and guilt.  Inquiry into the details of the case provides voyeuristic and vicarious gratifications. . .  Incarcerating the alleged perpetrator may serve psychologically to obliterate the judge’s own projected pedophilic impulses.”
        RICHARD A. GARDNER, SEX ABUSE HYSTERIA: THE SALEM WITCH TRIALS REVISITED 107 (1991).
        On Sexual Abuse As Mother's Fantasy:
        In making allegations of sexual abuse, “the mother’s own suppressed and repressed sexual fantasies are projected onto the child and the father.  By visualizing the father having a sexual experience with the child, the mother is satisfying vicariously her own desires to be a recipient of such overtures and activities.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME 126 (1992).
        Gardner notes that the mother might see the father as a danger to the child because of her “own unconscious desires to inflict harm on the baby.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME 128 (1992).
        States that some people are more afflicted with pedophilia than others and therefore need to indulge in more frequent imagining of sexual acts with children.  Such people are more likely to “produce false sex abuse charges.”
        RICHARD A. GARDNER, SEX ABUSE HYSTERIA: THE SALEM WITCH TRIALS REVISITED 26 (1991).
        On Encouragement of Abuse by Mother:
        “In some cases the abuse was actually encouraged (overtly or covertly) by the mother in order to use the child as a substitute object for the father’s sexual gratification.  Such mothers view sexual encounters as odious, and the child is used as a convenient replacement – protecting the mother thereby from exposure to the noxious act.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  122 (1987).
        “Sometimes, mothers who were sexually abused as children may have set up a situation to increase the likelihood that the father will abuse the child.  They may do this as a way of mastering their own abuse trauma.  They may secretly and/or unconsciously hope that the child’s resistance or successful working through will vicariously enable them to do the same for themselves.  Or, they may have responded to the abuse by frigidity or sexual unresponsivity and use the child as a substitute source of satisfaction for their husbands.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  130 (1987).
        “Sexual abuse of some girls by their fathers is sometimes consciously or unconsciously sanctioned by their mothers.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  194 (1987).
        “Sometimes the mother’s abuse has resulted in sexual inhibition problems, resulting in their viewing sex as disgusting.  They may then facilitate (consciously or unconsciously) their children serving as sexual substitutes in order to protect themselves from involvement in sexual acts.”
        RICHARD A. GARDNER, TRUE AND FALSE ALLEGATIONS OF CHILD SEX ABUSE 185 (1992).
        “[A] mother who is sexually inhibited may view sexual encounters with loathing.  Consciously or unconsciously she facilitates the father’s turning his sexual attentions to her daughter in order to ‘get him off her back’ (or ‘front,’ as the case may be).  In this way, she avoids involving herself in the ‘disgusting’ activities and yet allows ‘the beast’ to gratify his primitive needs and keeps him ‘tamed’ and out of ‘trouble.’”
        RICHARD A. GARDNER, SEX ABUSE HYSTERIA: THE SALEM WITCH TRIALS REVISITED 36 (1991).
        On the Vengeful Mother:
        “Although the mothers in these situations may have a variety of motivations for programming their children against their fathers, the most common one relates to the old saying: ‘Hell hath no fury like a woman scorned.’”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  86 (1987).
        On Children’s Desire/Fantasy About Sex
        Gardner writes that the child’s description of sexual activities is a way of coping with wishes.  It is the child’s way of saying, “It is not I who want him to rape me, it is he who wants to rape me.”
        RICHARD A. GARDNER, TRUE AND FALSE ALLEGATIONS OF CHILD SEX ABUSE 129 (1992).
        “By the process of reaction formation one can turn [the child’s sexual fantasies] into unpleasant ones and thereby assuage the guilt that would be experienced if the child were to accept the fact that sexual activities are what she wants.   Instead of saying, “ I would love to have some sexual involvement with my father,” she can say, “I hate having a sexual relationship with my father.”
        RICHARD A. GARDNER, TRUE AND FALSE ALLEGATIONS OF CHILD SEX ABUSE  129 (1992).
        “[T]he normal child exhibits a wide variety of sexual fantasies and behaviors, many of which would be labeled as ‘sick’ or ‘perverted’ if exhibited by adults. . . Each child is likely to have a ‘favorite’ list of sexual activities that provide interest and pleasure.”
        RICHARD A. GARDNER, SEX ABUSE HYSTERIA: THE SALEM WITCH TRIALS REVISITED 12 (1991).
        Incorporation of fantasies that Gardner believes are “ludicrous or pointless,” such as alleging that the offender put his penis in his or her mouth and did not move it.
        RICHARD A. GARDNER, PROTOCOLS FOR SEX-ABUSE EVALUATION 61 (1995).
        “Oedipal factors are sometimes operative in the alienation.  A girl who has a seductive and romanticized relationship with her father (sometimes abetted by the father himself) may find his involvement with a new woman particularly painful.  Whereas visitations my have gone somewhat smoothly prior to the father’s new relationship, following the new involvement there may be a rapid deterioration in the girl’s relationship with her father.  Such a girl may say to her father: ‘You’ve got to choose between me and her.’”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  91 (1987).
        “The child who has suffered bona fide abuse may very well have enjoyed the experience and will often suffer guilt over such pleasure because the child has subsequently learned that the act is an unacceptable, sinful, or even criminal act.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  114 (1987).
        “[Sexually abused children] may have considered themselves fortunate to have had a parent who provides them with such gratification.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  145 (1987).
        “Just because a little girl presents a fantasy of her father’s involving himself with her sexually does not necessarily mean that the father did so.  It may be simply a verbalization of a wish.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  157 (1987).
        Child as initiator. “At the present time, the sexually abused child is generally considered to be the victim.  I believe that there are situations in which the sexually abused child has been the initiator. . . Many believe that young children do not have strong urges and that they are therefore unlikely to be initiators in any kind of sexual encounter with an adult.  This assumption is not necessary valid.  I have seen many children whom I would consider completely normal who developed strong sexual urges during the first few years of life.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  165 (1987).
        On the Wickedness of Children
        Calls children “wicked” and writes “what is striking is the degree of sadism that many of these children may exhibit.  In many of these cases I have been impressed by what I consider to be the innate cruelty of these children.”
        RICHARD A. GARDNER, TRUE AND FALSE ALLEGATIONS OF CHILD SEX ABUSE 119-20 (1992).
        “Well-publicized cases of sexual abuse often involve children giving testimony in which they provide the details of their alleged sexual abuses.  These testimonials can also be viewed by children on television – engendering a certain amount of envy for the widespread attention and notoriety that these children enjoy.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  101-102 (1987)
        Many [children who fabricate] obtain morbid gratification from the attention that they enjoy, attention they may never have received before.  Some of these children are envious of youngsters whose testimonies have been shown on television.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  109-110 (1987).
        “There may be even a morbid or sadistic gratification in the telling of the story.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  113 (1987).
        On Therapy with Children Who are Sexually Abused
        Special care should be taken not alienate the child from the molesting parent. The removal of a pedophilic parent from the home "should only be seriously considered after all attempts at treatment of the pedophilia and rapprochement with the family have proven futile."
        Gardner, R.A. (1992). True and False Accusations of Child Sex Abuse . Cresskill, NJ: Creative Therapeutics.(p. 537)
        The child should be told that there is no such thing as a perfect parent. "The sexual exploitation has to be put on the negative list, but positives as well must be appreciated"
        Gardner, R.A. (1992). True and False Accusations of Child Sex Abuse . Cresskill, NJ: Creative Therapeutics.(p. 572) 
        Older children may be helped to appreciate that sexual encounters between an adult and a child are not universally considered to be reprehensible acts. The child might be told about other societies in which such behavior was and is considered normal. The child might be helped to appreciate the wisdom of Shakespeare's Hamlet, who said, "Nothing's either good or bad, but thinking makes it so."
        Gardner, R.A. (1992). True and False Accusations of Child Sex Abuse . Cresskill, NJ: Creative Therapeutics.(p. 59)
        "In such discussions the child has to be helped to appreciate that we have in our society an exaggeratedly punitive and moralistic attitude about adult-child sexual encounters"
        Gardner, R.A. (1992). True and False Accusations of Child Sex Abuse . Cresskill, NJ: Creative Therapeutics.(p. 572).
        On Therapists
        “Parental Alienation Syndrome mothers have a way of finding therapists, almost invariably women, who reflexively join them in their campaign of denigration of the father… [who] in some cases even join the mother’s paranoid delusional system . . . some of these therapists are paranoid themselves.  Other harbor deep-seated hostility toward men, hostility so strong that they will seize upon every opportunity to vent their rage on them.”
        Richard A. Gardner, Qualifications of Richard A. Gardner, M.D. for providing court testimony 149 (1992), reprinted in, Kathleen Coulborn Faller, The Parental Alienation Syndrome: What is It and What Data Support It?, 3 CHILD MALTREATMENT 100, 102 (1998).
        “I believe that the reluctance by sex-abuse workers to recognize and accept the increasing frequency of fabricated sex-abuse allegations relates to certain psychological factors operative in their career choice . . .  I believe that people who have been sexually abused themselves in childhood are much more likely to enter this field than those who have not had such childhood experiences.”
        RICHARD A. GARDNER, THE PARENTAL ALIENATION SYNDROME AND THE DIFFERENTIATION BETWEEN FABRICATED AND GENUINE CHILD SEX ABUSE  104 (1987).
        For even more appaling quotes by Gardner see http://www.leadershipcouncil.org/1/pas/RAG.html
      3.  National District Attorneys Association
    Parental Alienation Syndrome: What Professionals Need to Know Part 2 of 2 
    http://www.ndaa.org/ncpca_update_v16_no7.html
    Excerpts "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."

    National District Attorneys Association
     Parental Alienation Syndrome: What Professionals Need to Know Part 1 of 2 

    NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE
    Volume 16, Number 6, 2003
    Update Parental Alienation Syndrome: What Professionals Need to Know Part 1 of 2 By Erika Rivera Ragland1 & Hope Fields2
    Excerpts see section 
    "Other Weaknesses: Lack of Peer Review and Recognition by DSM-IV"
    "Dr. Gardner mostly self-published and thus did not generally subject his theory to the peer review process.17 Moreover, PAS is not recognized by any professional associations,18 including the American Psychiatric Association. PAS is also not included within the DSM-IV.
    It is also worth noting that Dr. Gardner often expressed disdain for child abuse professionals, labeling them “validators,” theorizing that greed and desire for increased business prompted some sexual abuse allegations, and speculating that parents and professionals alike made some false allegations because “all of us have some pedophilia within us.”19
    Monday, April 30, 2012
    Department of Justice Report Demands Custody Court Reforms
    by Barry Goldstein
    Part I: The Game Changing Findings 
    The United States Department of Justice provided a grant to support a major study by Dr. Daniel Saunders of the University of Michigan to determine how well court professionals and particularly evaluators are responding to domestic violence cases. The study comes in the context of frequent and substantial complaints that custody courts are using deeply flawed practices that result in placing children in danger. The Saunders’ study is the latest and most prestigious to confirm the validity of these complaints. Dr. Saunders found, “…domestic violence is frequently undetected in custody cases or ignored as a significant factor in custody-visitation determinations (report P. 4). One could argue about at what point the research became so compelling that reforms are required, but with the publication of the Saunders’ study there can be no informed discussion that the present practices are safe or acceptable. 
    Excerpts "We can start by asking the evaluator if he agrees that sex between adults and children is improper.  Then ask if there is any research not based on the belief that sex between adults and children can be appropriate (this is what PAS is based on), that “alienating” behavior creates a safety risk.  Are you aware the DOJ study found that PAS, including by any other name has no scientific basis?  Are you aware PAS was rejected for inclusion in the DSM-V because it has no scientific basis?  Are you aware that the Saunders’ study found that evaluators with inadequate training tended to believe the myth that women frequently make false allegations but alienation theories, particularly those used to separate children from their primary attachment figure are based on a belief that most dv and child abuse allegations by mothers are false?  Are you aware that evaluators are starting to lose their licenses for using PAS?  Do you know if that is because they are in affect creating a diagnosis that does not exist?  You can also ask questions comparing the harm of separating a child from their primary attachment figure with the harm of negative statements about the other parent.  Ask for any research findings because there is no scientific support for these standard biased practices."

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

    Battered Mothers’ Testimony Project: A Human Rights Approach to Child Custody and Domestic Violence

    The MISREPRESENTATIONS of MICHAEL LAMB and JOAN KELLY

    Parental Alienation Syndrome and Parental Alienation: A Research Review Joan S. Meier
    Excerpts Excerpts page 3  section Gardner’s pro-pedophilic and misogynistic beliefs  third paragraph "Second, Gardner’s views of sexuality were
    disturbing. He claimed that all human sexual
    paraphilias, including pedophilia, sadism, rape,
    necrophilia, zoophilia (sex with animals), coprophilia
    (sex with feces), and other deviant behaviors “serve
    the purposes of species survival” by “enhanc[ing]
    the general level of sexual excitation in society”
    (Gardner, 1992b, p. 20; see also Hoult, 2006;
    Dallam, 1998.)
    Further, Gardner claimed that women’s physiology
    and conditioning makes them potentially masochistic
    rape victims who may “gain pleasure from being
    beaten, bound, and otherwise made to suffer,” as
    “the price they are willing to pay for gaining the
    gratification of receiving the sperm” (Gardner,
    1992b, p. 26).
    Regarding pedophilia, Gardner argued expressly
    that adult-child sex need not be intrinsically harmful
    to children, and that it is beneficial to the species,
    insofar as it increases a child’s sexualization and
    increases the likelihood that his or her genes will
    be transmitted at an early age (Gardner, 1992b).
    Gardner claimed, “sexual activities between an
    adult and a child are an ancient tradition” and
    phenomenon which “has been present in just
    about every society studied, both past and present”
    (Gardner, 1992b, pp. 47-48). He viewed Western
    society as “excessively punitive” in its treatment of
    pedophilia as a “sickness and a crime” (Gardner,
    1991, p. 115), and attributed this “overreaction”
    to the influence of the Jews (Gardner, 1992b, pp.
    47, 49). Gardner opposed mandated reporting of
    child sexual abuse and specifically described a
    case in which he successfully persuaded a mother
    not to report a bus driver who had molested her
    daughter, because it would “interfere with the natural
    desensitization process, would be likely to enhance
    guilt, and would have other untoward psychological
    effects” (Gardner, 1992b, pp. 611-12; see also
    Dallam, 1998). "

    The Evidentiary Admissibility of Parental Alienation Syndrome: Science, Law, and Policy Jennifer Hoult

    A Historical Perspective on Parental Alienation Syndrome and Parental Alienation Joan S. Meier a a George Washington University Law School, Washington, DC Online Publication Date: 01 July 2009
    A Historical Perspective on Parental Alienation Syndrome and Parental
    Alienation  JOAN S. MEIER
    George Washington University Law School, Washington, DC
    Excerpts page 237 "Gardner’s Beliefs. Gardner’s passionate propagation of the PAS theory with little objective basis for it may be more comprehensible in light of his larger framework of beliefs about human sexual behavior. His writings on this subject are in fact so extreme that it is doubtful that courts would have
    adopted his theory of PAS if they were aware of his beliefs. For instance,
    his writings (Gardner, 1992b) express the view that all human sexual
    paraphilias (deviant behaviors) ‘‘serve the purposes of species survival’’ by
    ‘‘enhanc[ing] the general level of sexual excitation in society’’ (p. 20; see also
    Hoult, 2006). "

    Excerpts “"If he [the molesting father] doesn't know this already, he has to be helped to appreciate that pedophilia has been considered the norm by the vast majority of individuals in the history of the world. He has to be helped to appreciate that, even today, it is a widespread and accepted practice among literally billions of people. He has to appreciate that in our Western society especially, we take a very punitive and moralistic attitude toward such inclinations... He has had a certain amount of back [sic] luck with regard to the place and time he was born with regard to social attitudes toward pedophilia. However, these are not reasons to condemn himself."
    Ibid. pp.593
    "Of relevance here is the belief by many of these therapists that a sexual encounter between an adult and a child -- no matter how short, no matter how tender, loving, and non-painful -- automatically and predictably must be psychologically traumatic to the child... The determinant as to whether the experience will be traumatic is the social attitude toward these encounters."
    Ibid. pp.670-71”"BUT I'VE SEEN PAS!" No, You Haven't.
    [AT] Why "Therapeutic Jurisprudence" Must Be Eliminated from Our
    Family Courts
    by Elizabeth J. Kates, J.D., LL.M. ( words)
    page 6 last paragraph
    "It is time to start substantially limiting, and even eliminating the use of forensic experts,
    GALs, and other therapeutic ideas in family court. In the vast majority of cases, custody
    evaluators and mental health practitioners have no actual expertise to offer. When this is
    objectively understood, and then considered in light of the problems their presence creates, the
    solution is no longer arguable.    "
    Disciplining Divorcing Parents: Social Construction of Parental Alienation by F. Besset PDF SCHOLAR

    Legal Community Rejects Parental Alienation Syndrome The Leadership Council610-664-5007
    Excerpts "Joyanna Silberg, PhD, a Clinical Psychologist and Executive Vice President of the Council [see bio], has also seen first hand the long-term emotional damage this so-called syndrome has caused. "How do you explain to young children forced to live with abusers why the courts have considered them liars and ignored their cries for help?" Silberg has found that it can take years for these children to get past their feelings of betrayal by the system that was supposed to protect them. [see article about Tiffany; more children's stories]http://leadershipcouncil.org/1/pas/PR_PAS.html


    Parental alienation and domestic violence Joan Dawson
    Last paragraph "I wouldn't hand an angry man a agun, nor would I readily hand over a legal strategy to potential pedophiles, abusers or killers. Yet that is exactly what PA/PAS is doing."
    Myths That Place Children At Risk During Custody Litigation Dallam. S. J., & Silberg, J. L. (Jan/Feb 2006). Myths that place children at risk during custody disputes. Sexual Assault Report, 9(3), 33-47. (PDF)

    Myths That Place Children At Risk During Custody Litigation

    Dallam. S. J., & Silberg, J. L. (Jan/Feb 2006). Myths that place children at risk during custody disputes. Sexual Assault Report, 9(3), 33-47. (PDF)

    Myth 5:  Parental alienation syndrome is a common, well-documented phenomenon.


    Parental Alienation Syndrome: Frye v Gardner in the Family Courts (Part 2) by Jerome H. Poliacoff, Ph.D., P.A., Cynthia L. Greene, Esq., and Laura Smith, Esq

    Parental Alienation Syndrome: Frye v Gardner in the Family Courts (Part 1) by Jerome H. Poliacoff, Ph.D., P.A., Cynthia L. Greene, Esq., and Laura Smith, Esq

    domestic violence, abuse, and child custody by MT Hannah - ‎2010 - ‎Cited by 8 - ‎Related articles

    Part II: Parental Alienation Syndrome

    Parental Alienation Disorder: Why Label Children with a Mental Diagnosis? Journal of Child Custody Volume 7, Issue 4, 2010, Pages 266 – 286 Authors: Lenore E. Walker; David L. Shapiro DOI: 10.1080/15379418.2010.521041

    What is Parental Alienation Syndrome (PAS)?

    The Parental Alienation Syndrome: Is It Scientific? by Stephanie J. Dallam, RN, MSN, FNP Dallam, S. J. (1999).

    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.

    Report of the American Psychological Association Presidential Task Force On Violence And The Family web.archive.org
    Report of the American Psychological Association Presidential Task Force On Violence And The Family

    ISSUES AND DILEMMAS IN FAMILY VIOLENCE


    How Spouses Use Alienation Syndrome as a Weapon by Alison Brewin and Carla Lewis
    Best Interest for Whom? Parental Alienation Syndrome (PAS) and its Implications for Abused Women and their Children Prepared for Harmony House By Kathleen Chow Masters of Criminology Applied University of Ottawa December 2011

    “Parental Alienation Syndrome:" Another Alarming DSM-5 Proposal Using a medicalizing label to mask child sexual abuse Published on June 6, 2011 by Paula J. Caplan, Ph.D. in Science Isn't Golden



    Parental Alienation Syndrome & Parental Alienation: Research Reviews
    By Joan S. Meier 1
    The Absence of Research Supporting PAS
    Excerpts from 5th paragraph
    Gardner's pro-pedophilic beliefs. Gardner's underlying beliefs regarding human sexuality, including adult-child sexual interaction, are so bizarre that it is hard to believe that courts would have adopted his theory if they were aware of what he had published. For instance, his writings express the view that all human sexual paraphilias (deviant behaviors) "serve the purposes of species survival" by "enhanc[ing] the general level of sexual excitation in society" (Gardner, 1992b, p. 20; see also Hoult, 2006). These sexual behaviors include pedophilia, sadism, rape, necrophilia, zoophilia (sex with animals), coprophilia (sex with feces), and other paraphilias (Gardner, 1992b; see also Dallam, 1998; Hoult, 2006).Parental Alienation Syndrome & Parental Alienation: Research Reviews By Joan S. Meier 1
    http://www.drhavlicek.com/must_read_articles.htm
    The Danger of Pedophilia Preying on America's Innocent

    How Junk Sex Science Created a Paradigm Shift in Society, Legislation and the Judiciary By Judith A. Reisman, Ph.D.
    By Judith A. Reisman, Ph.D.
    Excerpts section "State Legislation "Texas: A Case Study "Many women have testified under oath regarding the forced removal of their children based on the scientifically inept theory of Parental Alienation Syndrome promulgated by Kinseyan-adherent Richard Gardner and his disciples. This suggests that few judges have read the following excerpt from the report of the Attorney General's Task Force on Family Violence.

    Judges should treat incest and molestation as serious criminal offenses.... Incarceration, whether in hospitals, treatment centers or prisons, is absolutely essential to the protection of the nation's children. The only true protection for children from a pedophile is incapacitation of the offender.25"
    Child custody for sex offenders By Judith A. Reisman, Ph.D.

    How Many Children Are Court -Ordered Into Unsupervised Contact With an Abusive Parent After Divorce? Contact: Joyanna Silberg, PhD,

    September 22, 2008  
    FOR IMMEDIATE RELEASE

    How Many Children Are Court -Ordered Into Unsupervised Contact With an Abusive Parent After Divorce?

    (4) Over the past two decades, supervised visitation centers have been established by abuser lobbies and parental alienation proponents, psych and interdisplinary trade promotion groups, and money-grubbing mental health professionals who can't make a go of practice without glomming captive divorce court litigants -- and who for some goddamn reason are always more clever than victim advocate groups. Once they have opened up their visitation centers, they commence doing what entrepreneurs will do: market their services, concoct new services and programs, network, and promote themselves (which in the case of these ill-advised ideas, also frequently includes getting -- and justifying and maintaining -- some amount of charitable or government funding.)

    THE LIZ LIBRARY: Stalking Through the Courts -


    The Parental Alienation Debate Belongs in the Courtroom, Not in DSM-5 Timothy M. Houchin, MD, John Ranseen, PhD, Phillip A. K. Hash, DO, PhD andDaniel J. Bartnicki, JD

    Excerpts "Economics of PAS

    As with any heated controversy, one must examine the possible financial motivations that may influence the positions of those engaged in debate. Unfortunately, to get a good sense of PAS's support, one has only to follow the money trail. Litigation stemming from the dissolution of marriage is estimated to be a $28 billion industry.16 It is no secret that the cost of divorce and custody litigation can add yet another facet of stress to all involved. Adding any further complexity to the problems involved in child custody only serves to compound the financial burden borne by the affected families. A formal diagnosis of PAS, with the obligatory dueling experts testifying at a custody hearing, can become a prime source of fee generation for everyone but the divorcing family."

    "The Truth About Parental Alienation"
    Tuesday, June 25, 2013
    Why the Official Rejection of PAS Matters by Barry Goldstein
    Section Regardless of the Nomenclature When Is it PAS? 2nd paragraph 
    Excerpts "Regardless of the term used, if it is used to discredit or avoid investigation of domestic violence or child abuse allegations, it is in fact PAS. If it is used to justify the kind of extreme outcomes referred to by Dr. Daniel Saunders as “harmful outcomes,” in which the alleged abuser received custody and the safe, protective mothers who is the primary attachment figure is limited to supervised or no visitation, it is in fact PAS. If it is used to suggest that the child’s hostility or fear of a parent can only be explained by the mother’s alienating behavior, it is in fact PAS". "

    Court professionals should know that PAS is bogus and unscientific. This means that when they promote claims based on PAS they are either deliberately trying to help abusers or do not possess the training necessary to understand the harm of PAS or anything else having to do with domestic violence. It really does not matter what the reason is for their mistakes, they should not be involved in domestic violence cases. 

    In the case of evaluators or other mental health professionals, they should be familiar with the DSM-V. This would make them aware of the rejection of PAS because there is no scientific research to support it. Accordingly, they would be guilty of malpractice if they diagnose a condition that does not exist in the DSM. Already some psychologists have lost their licenses for this improper practice and with the latest rejection of PAS, this consequence should occur more frequently. Indeed it is only the tendency of professionals to protect fellow professionals that have discouraged investigations of these obvious violations. 

    The Saunders’ study found that professionals with inadequate training tended to rely on unscientific alienation theories.This in turn led to outcomes that harm children. This finding alone would demand that courts refuse to rely on mental health professionals with these biased and baseless beliefs. Although lawyers are not mental health professionals, a belief in PAS confirms inadequate training and thus should disqualify them from working on domestic violence cases. Certainly courts should immediately dismiss any “neutral” professional who seeks to make decisions based on a PAS analysis. This is true even if they seek to obscure their mistake by calling it something else. 


    PARENT ALIENATION SYNDROME REVISITED Dr Lois Achimovich Next Step Youth Drugs and Alcohol Services, WA Paper presented at theChild Sexual Abuse: Justice Response or Alternative Resolution Conferenceconvened by the Australian Institute of Criminologyand held in Adelaide, 1-2 May 2003

    Excerpts see page 8 "Furthermore, we have no idea what contact orders - and the Draconian measures recommended bythe Family Law Council to enforce them - are accomplishing for or imposing on children, thought here is evidence that they are counter productive.
    38
     My experience with the effects of the imposition of a recovery order in one case was that the trauma to the child was enormous and caused him to threaten suicide both during and after the event. A policeman involved called the mother and said it was the worst thing he had had to do in twenty years of policing. Gardner asserts that such action will lead to the child developing a close relationship with the new residence parent. As far as I know there is no evidence for this."


    Criminal Rewards: The Impact of Parent Alienation Syndrome on Families Andraé L. Brown
    Criminal Rewards: The Impact of Parent Alienation Syndrome on Families Andraé L. Brown
    http://www.leadershipcouncil.org/docs/Brown_PAS_impact.pdf
    Andraé L. Brown
    See page 395 Section ConclusionExcerpts "Call to Advocacy If you are not familiar with families who are involved in PAS cases, you may not believe that these types of egregious acts occur. While listening to the stories of women and children, I have felt overwhelmed and dumbfounded because the deck seems to be stacked against truth and justice. Ironically, the horrific abuses that occur in the marital relationship are comparable to the systematic oppression that is sanctioned by the state through the family courts after divorce. The legal system and its officers create kangaroo courts in which civil liberties and human rights are arbitrarily violated (Waller, Waller, & Shin, 2001). There is no oversight and accountability for judges, lawyers, and mental health professionals who collude with the batterers and abusers. The need for a nationwide policy that bans PAS from family courts is long overdue. In 2006, the National Organization of Women moved toward this goal by denouncing PAS and resolving that any professional whose mission involves the protection of the rights of women and children denounce its use as unethical, unconstitutional, and dangerous. Social workers and other social justice advocates who are compelled to take action should, therefore, educate themselves about the perils of PAS and validate the experiences of, and create safe spaces, for victims of this oppression to speak their truth. Furthermore, there must be a concerted effort to challenge the agents of the family courts and mental health professionals to stop perpetuating the abuse and violence against women and children. This is a call for advocacy and social change"
    Criminal Rewards: The Impact of Parent Alienation Syndrome on Families Andraé L. Brown


    Our Children Are At Risk and Their Health Is Endangered: What Are Their Legal Rights, How Do We Hold the Courts Accountable to Protect Them, and What Can Psychologists Do? Toby Kleinman, JD, toby@adlerkleinman.com

    Excerpts” I have come to believe that the change we need 
    cannot be won in the courts on a case-by-case basis 
    alone. No single story tells the world what parents 
    trying to protect their children are facing daily in courts 
    across the country. Protective parents are losing their 
    children in custody cases while perpetrators gain the 
    court’s imprimatur to continue to abuse. The news media 
    rarely cover abuse or custody cases unless there is a 
    death. Their legal departments shy from these cases, 
    assuming them to be “he said she said” stories. There 
    is an expectation that if the court believed a child was 
    abused, it would protect the child. After all, we live in 
    a country that believes in and relies on its system of 
    justice, so we assume justice must have prevailed or a 
    bad parent would not have the custody of the children.”Our Children Are At Risk and Their Health Is Endangered: What Are Their Legal Rights, How Do We Hold the Courts Accountable to Protect Them, and What Can Psychologists Do? Toby Kleinman, JD, toby@adlerkleinman.com
    Our Children Are At Risk and Their Health Is Endangered: What Are Their Legal Rights, How Do We Hold the Courts Accountable to Protect Them, and What Can Psychologists Do? 

    Are "Good Enough" Parents Losing Custody to Abusive Ex-Partners?

    By Stephanie Dallam
    for the Leadership Council on Child Abuse & Interpersonal Violence.


    THE “FRIENDLY PARENT” CONCEPT: A FLAWED FACTOR FOR CHILD CUSTODY Margaret K. Dore∗
    THE “FRIENDLY PARENT” CONCEPT: A FLAWED FACTOR FOR CHILD CUSTODY Margaret K. Dore∗

    *106 GUARDIANS AD LITEM IN PRIVATE CUSTODY LITIGATION: THE CASE FOR ABOLITION Richard Ducote

    Loyola Journal of Public Interest Law Spring 2002 Article *106 GUARDIANS AD LITEM IN PRIVATE CUSTODY LITIGATION: THE CASE FOR ABOLITION Richard Ducote [FNa1] [FNaa1]

    Lack of Empirical Data, Research or Scientific Basis by Justice for Children
    Lack of Empirical Data, Research or Scientific Basis to Support 
    the Controversial Psychological Theory Called 
    Parental Alienation Syndrome (PAS):
     
    PAS is Not Generally Accepted in the Scientific Community


    Phoenix Magazine May 2006 Parental Alienation – “Jana’s View” 
    Excerpts see section "Victimizing the Victim; Undercutting Abuse Claims"
    While PAS proponents and critics may argue the scientific merits of the theory and the validity of the research that claims to support it, the scientific validity is only part of the debate. Critics warn that PAS may be used to undercut valid allegations of domestic and sexual abuse by redirecting attention from the alleged abuser to the victim.



    http://old.post-gazette.com/custody/partone.asp
    Excerpts see section  "A questionable expert"
    The kind of criminal contempt sanction that Driscoll levied - threatening to jail a parent for a child's behavior while the child is out of the parent's control - is highly unusual, according to national experts in family law.
    Driscoll's "threat therapy" ruling, which remains in effect, is all the more controversial because it seems to rely on recommendations by Dr. Richard Gardner, a prominent expert witness whose unorthodox ideas about treating children in child custody cases are popular with some lawyers, but have been questioned by many mainstream mental health professionals. Elsewhere in the nation, there have been isolated cases of judges jailing adolescent children for contempt because they refused to visit a parent, "but I've never heard of `threat therapy' being applied in this way," said Howard Davidson, director of the American Bar Association's Center for Children and the Law. Threatening to jail the mother may be constitutionally questionable, said Jeff Atkinson, a family law expert at DePaul University. "You can only be punished for wrongdoing you committed, not for something someone else did, under constitutional notions of due process and fundamental fairness," Atkinson said. It's not clear how much this "threat therapy" contributed to the pressures that Nathan was feeling when he hanged himself."



    Child Custody and Visitation Decisions in Domestic Violence Cases: Legal Trends, Research Findings, and Recommendations

    Daniel G. Saunders
    EXCERPT "1991; Hart, 1992; for a review of state laws see Family Violence Project, NCJFCJ, 1995, and legislative updates for 1995, 1996, and 1997). While a growing number of states specifically mention domestic violence as a factor to be considered, most of them allow wide discretion and do not give it special weight. It is simply one additional factor when considering the best interests of the child. By the end of the 1997 legislative session, 13 states had adopted the Model Code of the Family Violence Project of the National Council of Juvenile and Family Court Judges (NCFCJ, 1998). These statutes specify that there is a ""rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence"" (p. 33). "




    NCJFCJ Judges' Guide to Custody Evaluations in Cases of Abuse (it's not PAS) PDF SCHOLAR
    Navigating Custody & Visitation Evaluations in
    Cases with Domestic Violence: A Judge’s Guide page 24 "Parental Alienation and the Daubert Standard: on Syndromes and Behaviors
    In contested custody cases, children may indeed express fear of, be concerned about,
    have distaste for, or be angry at one of their parents. Unfortunately, an all too common
    practice in such cases is for evaluators to diagnose children who exhibit a very strong
    bond and alignment with one parent and, simultaneously, a strong rejection of the other
    parent, as suffering from “parental alienation syndrome” or “PAS”.52 Under relevant evidentiary
    standards, the court should not accept this testimony.
    The theory positing the existence of “PAS” has been discredited by the scientific community.53
    In Kumho Tire v. Carmichael, 526 U.S. 137 (1999), the Supreme Court ruled that even
    expert testimony based in the “soft sciences” must meet the standard set in the Daubert54
    case. Daubert, in which the Court re-examined the standard it had earlier articulated in the
    Frye55 case, requires application of a multi-factor test, including peer review, publication,
    testability, rate of error, and general acceptance. “Parental Alienation Syndrome” does not
    pass this test. Any testimony that a party to a custody case suffers from the syndrome or
    “parental alienation” should therefore be ruled inadmissible and/or stricken from the
    evaluation report under both the standard established in Daubert and the earlier Frye
    standard.56
    The discredited “diagnosis” of “PAS” (or allegation of “parental alienation”), quite apart
    from its scientific invalidity, inappropriately asks the court to assume that the children’s
    behaviors and attitudes toward the parent who claims to be “alienated” have no grounding
    in reality. It also diverts attention away from the behaviors of the abusive parent, who
    may have directly influenced the children’s responses by acting in violent, disrespectful,
    intimidating, humiliating and/or discrediting ways toward the children themselves, or the
    children’s other parent. The task for the court is to distinguish between situations in which
    children are critical of one parent because they have been inappropriately manipulated by
    the other (taking care not to rely solely on subtle indications), and situations in which children
    have their own legitimate grounds for criticism or fear of a parent, which will likely
    be the case when that parent has perpetrated domestic violence. Those grounds do not become less legitimate because the abused parent shares them, and seeks to advocate for
    the children by voicing their concerns.


    Parental alienation, The Business of Sex Trafficking
    Posted by eassurvey in child sexual abuse, parental alienation syndrome. Tagged: Parental alienation, sex trafficking. Comments Off
    Parental Alienation must be excluded from all custody hearings…Parental Alienation is a perilous accusation that should never be recognized in courts or viewed as particularly compelling in cases deciding the custody of a child, especially when resolving profoundly difficult questions concerning the scary scenario of placing that child back into the home of a domestic violence abuser.
    Sex trafficking is a criminal business in which women and children are forced or coerced into providing sex services. An estimated 2.5 million people are victims of this modern-day form of slavery which has grown into an ugly and sophisticated $50 billion world wide business. Human trafficking is the fastest growing criminal industry in the world. Parental alienation, The Business of Sex Trafficking

    Malpractice & Licensing Pitfalls for Therapists: A Defense Attorney's ListBrandt Caudill, Jr., Esq.About the author: Brandt Caudill is a defense attorney who represents psychologists, psychiatrists, social workers, and other mental health professionals in malpractice actions, licensing board hearings, and similar legal matters. He is co-author of the book, Law and Mental Health Professionals: California, published by the American Psychological Association. His email address is brandt_caudill@cmwlaw.net. Pitfalls for Therapistskspope.comAbout the author: Brandt Caudill is a defense att"Use of Inappropriate Syndrome TestimonyAs early as September of 1989 Dr. Gary Melton and Susan Limber in an article entitled "Psychologists' Involvement in Cases of Child Maltreatment" [American Psychologist Vol. 44, No. 9, pp. 1225-1233] commented on the inappropriate use by therapists of syndromes that are not found in the various versions of Diagnosis and Statistical Manual. There have been a proliferation of such syndromes over the last several years. At this point using syndromes which are not appropriately researched or acknowledged by the profession is below the standard of care. Among the syndromes which are controversial and which should not be represented as accepted in the therapist community are Child Sexual Abuse Accommodation Syndrome, Parental Alienation Syndrome, [Wiederholt v. Fischer 169 WIS 2d 524, 45 N.W. 2d 442 (1992)], False Memory Syndrome, and Malicious Mother Syndrome., http://kspope.com/ethics/malpractice.php
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