Showing posts with label Parental Alienation. Show all posts
Showing posts with label Parental Alienation. Show all posts

Tuesday, February 9, 2010

Dr. Richard Warshak ~ Tough love from Texas

This visit by Dr. Warshak indicates progress is being made within the judiciary. In one report it was stated about 130 Judges attended his seminar. The comments by The Honorable Justice John Gomery of Canada in 1991 present a vivid reminder on the passage of time before cases of Parental Alienation of a child can be identified and dealt with in an expeditious manner    “Hatred is not an emotion that comes naturally to a child. It has to be taught. A parent who would teach a child to hate the other parent represents a grave and persistent danger to the mental and emotional health of that child.”

He was a wise member of the Bench to have not overlooked the emotional abuse of the children in this Quebec case. Hopefully the judiciary will start taking the matter with the seriousness it deserves and keep the same judge involved through court proceedings and also divest themselves of the argument only recalcitrant parents take matters to litigation.

When PA is involved it is often because the alienator themselves have personality disorders and use the children as pawns.MJM






Logo

TARA WALTON/TORONTO STAR
Psychologist Richard Warshak offers intensive and controversial programs to help children who have suffered parental alienation during divorce. “Love your kids more than you hate your ex-spouse,” he says.


February 09, 2010
Susan Pigg
Living Reporter


When Richard Warshak whisked into Toronto last week from his native Texas, he brought along some tough-love advice for both divorcing parents and family court judges.

"Love your kids more than you hate your ex-spouse," the renowned expert on parental alienation said.

Be firm and fast at pushing toxic custody cases through the clogged courts, he advised judges attending a day-long seminar at the Four Seasons Hotel.

The psychologist runs the controversial Family Bridges, a Texas-based "educational workshop" aimed at undoing the damage of parental alienation – orchestrated campaigns of hate and hurt in which one parent turns their children against the other in bitter divorce battles.

Critics have decried his work as "deprogramming" but for the past year, Warshak has been working with two Ontario psychologists and says a third is due to join him soon. He's teaching them how to run similar programs here to tackle what Toronto psychiatrist Sol Goldstein describes as the "scourge of parental alienation in Canada."

Warshak's aim is to make the intensive therapy more affordable – with airfare to Texas it can hit $20,000 (U.S.) – and ease the optics of Canadian kids being whisked away from nasty parents and flown off to the United States for what skeptics label as brainwashing.

"Every day I get letters from parents with very, very tragic stories in which they've lost all contact with their children – in some cases for years," Warshak says. "It's heartbreaking to see so much pain, but it's enormously gratifying when you've been able to restore a child's identity and help them recover a lost relationship."
The key, stresses Warshak, is for parents to know that badmouthing their ex-spouse, fixating on their flaws and blaming them for the divorce in front of the kids, can doom children to a life of anger, depression and a divorce of their own later in life.

Since these bitter marrige breakdowns often end up in court, judges need to get tough before things spiral so out of control that the only solution is expensive and intensive therapy, says Warshak.

"Judges can help these families by making very clear and unambiguous (custody and visitation) orders, by having very clear expectations about what will happen if the orders are violated and by moving on these cases very early rather than allowing the problems to reach the point where expensive and intensive (therapy) is necessary."

He's determined to make parental alienation as socially unacceptable as sexual or physical abuse of children.
His 2001 book on the topic, Divorce Poison, has been updated and was re-released last month. This spring he's coming out with a new, self-help DVD (Welcome Back Pluto, which he hopes to sell on his website www.warshak.com for $19.95 U.S.) for parents struggling to reconnect with kids who've been poisoned against them.

During an hour-long interview with the Star, Warshak talked about Family Bridges. While acknowledging that it's financially out of reach of most families, he says it's treated 103 children in the past 18 years.
Of the 23 kids he's personally helped reconnect with an alienated parent since 2005, 18 still maintain a relationship with both parents. Eight of those 23 children came from Canada.

"Some parents don't really realize what they are doing – they are so preoccupied with their own anger and disappointment over the failed marriage that they fail to understand how harmful their behaviour is to their children," says Warshak.

"Others deliberately turn their children against the other parent as a way to express their anger. (The alienation) can happen literally overnight and turn into what we call `tribal warfare.' I've talked to relatives who say that as soon as the divorce was announced, their nephews and nieces stopped talking to them."
Family Bridges isn't for everyone and it's critical for family law lawyers and judges to be sure the alienation isn't because of "realistic estrangement" – a parent who is abusive or neglectful or has a new partner, for instance, whom the child doesn't like.

It's aimed mainly at children who have been so alienated that a judge thinks there should be a change in custody to give the rejected parent time to reconnect.

"We teach children how easy it is to develop a distorted view of someone, a hatred that has no sense, and we teach them how to overcome that, to think for themselves, have a compassionate view of both parents and help them understand that all parents make mistakes and that in most cases children are better off having both parents involved in their life," Warshak says.

Family Bridges is meant to be a getaway, in every sense. The child and rejected parent are sent to a hotel or a resort (in rare cases the treatment takes place at home) for four days of intensive therapy – 64 hours of treatment that's the equivalent to about a year of regular therapy, although there's lots of time to just hang out and swim. Two mental health professionals work with the parent and child.

"We find that most children under the age of 8 don't really need this kind of program to make the transition.

"Even though they've been taught to hate or fear a parent, all it really takes in most cases is to be around that parent long enough to see that they are not what they've been led to believe."

http://www.parentcentral.ca/parent/newsfeatures/article/762379--tough-love-from-texas

Monday, February 8, 2010

Therapist goes from foe to friend

I find it interesting that Jaffe still commands enough credence to get a call on his opinion of certain elements in social science. He is an ideologue perched in a secure position within academia who believes all men are abusers and women benign. This is the bald face of victim feminism. Yet, he is quoted for his so-called research, which only involves allegedly abused women, often in shelters, and he never delves into the Intimate Partner Violence perpetrated by the woman on the man in his published material. Is this not just propaganda supporting his belief system? For this, he gets kudos, awards, citations, and is apparently called to testify in court cases.


Pity any man who is involved in the case.

Mr. Makin proffers of Jaffe…"a professor at University of Western Ontario who specializes in child offenders and family violence."

This is overly generous. Jaffe, as stated above, is a women's advocate only not family and any violence that exists in his mind is that perpetrated by a man. He ignores the USA, Australian and some Canadian studies, which show the single mom to be the most likely perpetrator of harm and death to children.
"It is a hot debate in the field - and that is not changing," he said. "I think there is a concern about this doing more harm than good." 

Jaffe "thinks" but does not know. If he actually had any real knowledge, he would know the emotional harm to children if they are not removed from this form of Parental abuse and remedial action given.


Jaffe has opined, "…It's a step in the right direction, but I don't think anyone in their right mind would send a child to treatment based on that article." 

Jaffe does one-sided studies as a matter of course that do not stand up to scrutiny of his peers when questioned on the type of subjects and the kind on interview process he supervises. Ask how he avoids female perpetrated IPV, female killing of children and female physical and emotional abuse of children. The only relevant information he wishes is that to support his preordained beliefs. 

When asked to comment previously about Dr. Warshak's program he described it as "quackery." What is that saying about the pot calling the kettle black? In this case, the pot may not be knowledgeable enough to proffer an informed opinion let alone anything remotely approaching professional relevance.
Could it be Jaffe sees his lucrative contracts helping to train judges, through the National Judicial Institute are in jeopardy? 

Thank goodness, for professionals like Dr. Warshak who takes a non-gendered approach to his work. He wants to give children the tools to deal with a very broken and malicious parent.


The Honourable Justice John Gomery of Canada stated in 1991, "Hatred is not an emotion that comes naturally to a child. It has to be taught. A parent who would teach a child to hate the other parent represents a grave and persistent danger to the mental and emotional health of that child."
What is Jaffe doing for the children by hiding from the truth?MJM






Controversial technique for treating alienated children seems to be gaining acceptance

KIRK MAKIN 

From Monday's Globe and Mail Published on Monday, Feb. 08, 2010 12:00AM EST Last updated on Monday, Feb. 08, 2010 3:30AM EST 

JUSTICE REPORTER 

As a pioneer of a controversial method of rewiring children whose emotions have been inflamed by an alienating parent, Richard Warshak grew used to being disparaged as a flakey deprogrammer. 

He was nonetheless stung last year when there was widespread dismay in the wake of several Canadian judges ordering that alienated children - whose emotions toward one parent have been poisoned by the other - be forcibly taken to the United States to be treated by him. 

However, the Texas psychologist now believes that much of the concern has melted away, giving him impetus to bring his Family Bridges therapy to Canada.
Last week, Dr. Warshak helped train three Ontario psychologists in his techniques and held a closed-door educational session in Toronto with 130 judges who preside over family-law cases.

Both developments signal an end to the bad rap he has taken, said Dr. Warshak, author of a book on parental alienation - Divorce Poison.
"I think there is demand," he said. "I sure get a lot of e-mails from parents in Canada asking about whether they can get their children into the program. I also get a lot of inquiries from psychologists asking to be trained in the techniques. 

Dr. Warshak said that his talk to judges was warmly received. "I'm pleased that the judges are taking the time to learn about this," he said. "It was clear that these judges have seen these cases. Nearly every family court judge says they believe it is a real phenomenon." 

The four-day sessions - which cost from $8,000 to $22,000 - involve videotaped presentations of family situations, discussions about alienation techniques parents use, and lots of down time to enable children to reacquaint themselves with an estranged parent. 

Dr. Warshak said that what critics fail to see is that dramatic action is often essential to prevent an alienating parent from winning the exclusive affection of a child.


"The children we deal with are ones who have felt tremendous pressure to feel certain things, to see the world in a certain way," he said. "What we do is help them liberate themselves from that." 

Dr. Warshak conceded that many children resist coming to his sessions, and have to be transported by police or private security officers.


"But once the child gets to us, they have a choice whether to stay or not," he said. "What they find is that it is an enjoyable experience. They feel tremendously relieved that they have now been able to get out of this box they are in." 

He said that only one child refused to participate in the 23 sessions he has personally helped conduct. Eighteen children made tangible progress, Dr. Warshak said, while the remaining four "relapsed" after later coming under the influence of the alienating parent. 

However, concern about the therapy has not gone away, said Peter Jaffe, a professor at University of Western Ontario who specializes in child offenders and family violence. 

"It is a hot debate in the field - and that is not changing," he said. "I think there is a concern about this doing more harm than good." 

Dr. Jaffe acknowledged a recent journal article in which Dr. Warshak chronicled the positive results he has achieved, but said it was flawed. 

"The problem is, there is no comparison group," Dr. Jaffe said. "He is doing research on cases he has assessed himself. I think there is a major conflict of interest. It's a step in the right direction, but I don't think anyone in their right mind would send a child to treatment based on that article." 

http://www.theglobeandmail.com/news/national/therapist-goes-from-foe-to-friend/article1459607/

Sunday, January 31, 2010

Marriage breakups, family feuds can leave older generation estranged from grandkids

This is a case of Parental Alienation but shows its impact on Grandparents. Many family members are affected including the target parent, his brothers and sisters and parents plus other extended family depending on the age of siblings. The first comment following the article sums the issue up succinctly and poignantly.MJM


 

 

 

By Jim Gibson, Canwest News Service






Grandparents will wait out the 
estrangement, hoping it will get better on its own, something Brooks has
 seen happen occasionally in her 23 years with the society.
 

Grandparents will wait out the estrangement, hoping it will get better on its own, something Brooks has seen happen occasionally in her 23 years with the society.

Photograph by: Photos.com, canada.com

Once again, Christmas came and went without Phyllis Coutts seeing two of her nine grandchildren.

It's a situation shared by unknown numbers of grandparents, often the collateral damage in marriage breakups and family feuds.


It's been over a decade since Coutts last saw the children from her son's broken marriage. Photos from their early grade-school years still line her home, along with updated ones of their cousins.


By now, her grandson would be well into his teens, and his sister, in her early 20s. They live only a neighbourhood or two away, according to Coutts, who lives in Victoria.


"I would love to see them," the 78-year-old says.


The question hangs in the air: Why hasn't she?


"I never go where I'm not wanted," Coutts says.


Her response is not uncommon, according to those who deal with estranged grandparents.


Weighted down by hurt and bitterness, these situations become entrenched, according to Barb Whittington, a University of Victoria social work professor whose research and counselling focuses on grandparents.


Grandparents worry that anything they might do to see the grandchildren could make a bad situation worse.

"They don't want to cause trouble," says Joan Brooks, the great-grandmother who heads the Ontario-based support group, Grandparents Requesting Access and Dignity (GRAND) Society.


Grandparents will wait out the estrangement, hoping it will get better on its own, something Brooks has seen happen occasionally in her 23 years with the society.


Many grandparents blame themselves for what happened.


People such as Whittington, Brooks, and family counsellor Jayne Weatherbe hear heartbreaking tales of estrangement.


"The cruellest thing is when the grandparent has lost a son or daughter, and access is denied them to the grandchild," Brooks says.


Some grandparents even drive to their grandchildren's schools, just to catch a glimpse, Whittington says.

And it's not always a former in-law; even a grandparent's own son or daughter could be denying access to the child, according to Weatherbe.


"It's a different world now," Weatherbe says, alluding to changes in parenting styles. Once-acceptable corporal punishment has given way to timeouts. Today's parents often hold firmer beliefs on such issues as diet, Weatherbe says.


"It's their life. It's their choice. You just suck it up and be supportive of (the parent)," Brooks says. Further, she advises, "Stay in the grandparent role; if they ask for advice, give it. Otherwise, stay quiet."

Both Brooks and Whittington agree that the grandparent seeking visitation might well have to take the first step.

Try a phone call, Whittington says, something along the lines of, "I'd like to talk to you, the children, or both."

Brooks recommends a letter to the child's parent, stressing a willingness to see the grandchild on the parent's terms and conditions. She also suggests writing, "If I said or did something, please give me a chance to correct it."


If sending a letter, always write two drafts, Whittington adds. Edit out any traces of bitterness.


One alternative is to find an intermediary in the community whom the estranged person might trust, "not someone who will just take your side," Whittington says.


Groups such as Brooks's are helpful, but not available in many communities.


There are non-profit organizations that counsel grandparents. Often, however, groups such as Parents Support Service and Families in Transition deal with situations far more complex than just grandparent visitations.


"People often do call us as a place to start," Parent Support Services Society of B.C. executive director Carol Ross says from Vancouver. After some conversation, callers are referred to such resources as social services or the soon-to-be discontinued LawLine.


Many of Brooks's generation prefer to talk their way to a settlement rather than use the courts.


Yet it's not uncommon for a separation agreement to allow a grandparent access, according to family lawyer


Trudi Brown. She cites, for example, a parent whose work keeps him away for long stretches. Under an agreement, grandparents could piggyback on the absent parent's access time.


Grandparents can apply for access under the provincial Family Relations Act, Brown adds, either doing it themselves or hiring a lawyer. However, today's court schedules can leave such a case lingering for months before being heard, she says.


Ultimately, the court decides on what is best for the child.


Some grandparents assume older children just don't want to see them, or they would do so on their own, according to Whittington.


What they often don't understand is that teens, in particular, are so absorbed in their own world, they don't readily think of others.


Conversely, the child might assume a grandparent isn't interested. Whittington cites one grandmother who sent the kids birthday and Christmas presents by taxi, only to have their mother return them the same way.

"The kids never knew the grandmother was trying," Whittington says.


One of Whittington's favourite reconciliation stories involves Canada's national game.


Just to see their grandson, the paternal grandparents would go to his hockey games, sitting on the opposite side of the arena from the estranged former daughter-in-law's family. The young player finally had enough, complaining he was getting whiplash from looking from side to side.


"I need you all on one side," he told them. They moved closer and closer until, eventually, they sat together, Whittington says.


Victoria Times Colonist
jgibson@tc.canwest.com



Comments:

M. Saunter
January 31, 2010 - 10:47 AM
 Marriage Breakup and generations, grandparents and grandchildren, and other cousins and aunts and uncles are left out of the life of the child.  I had to go to Court in Alberta for access and got it.  As a mother of five, I wanted access to my grandson as the daughter-in-law refused with always saying 'later'.  She was totally unreasonable and refused any of the dad's family to see the young boy.

The mom made many false accusations toward me in the Court Room and the judge told her she was a very angry woman and this child was of mixed heritage and should know both sides of the family; therefore, I got access.


The mother still tells the child the following:   he has no dad,  I am only his grandmother only when he is with me, but not other times, mom refuses to allow the child to take home presents or even a piece of paper or a candy, and  appears to be now saying at 11 the child is telling me all the bad things that went on in the divorce, and now that I'm controlling their life and the mom needs to get my approval on his life.  This is extremely confusing, upsetting and horrible for my grandson as he is now blaming me for controlling his mom!


All  are false allegations from the mom provoking alienation from grandson to dad's family.  He told his uncles he only needed to see them once or twice a year.  The mom has him lie as we wanted to watch him play soccer and it is only for his mom and him only.  We said we wanted to be his fans and cheer for him!


My grandson cries as the hatred she is creating in this beautiful child is causing emotional problems for my 11-old-precious grandson.  He said to me, how do I know you are not telling lies!  Do I show the Court Order where the rules are laid out that the mom is to drive him here for visits as the mom said I am controlling her life?


It takes about 60 minutes for my grnadson to settle in and he starts closing down about 60 before leaving.  He said he wants to keep coming; the mom told my daughter the child now makes his own decisions.  I asked him what decision he makes and he said his mom makes all his decisions as he was unaware of the mom's conversation prior.


Alienation stories usually about the paternal parent must stop in Canada!  False allegations against fathers and grandparents must stop in Canada!


Please Judges, listen and please start prosecuting the false allegations and lies against dads and grandparents in the Court Room.  If alienation continues after any Court Orders it should cost free to bring these issues back into the Courts for the benefit and best interests of the child as growing up with emotional hate imprinted into the minds and hearts of children used as prawns should be stopped in Canada.


My grandson should have access, visits to and from, phone calls to and from, his father's side of the family in the same manner that he has access and freedom from the mom's family and friends.  The paternal side has been treated with lies, hatred and alienation,  rather than a loving family with compassion and kindness and fellowship with the child within a family.


Thank you for allowing me to share our pain of not knowing any other info other than the few hours of visits in which the child is brow-beaten before and after the visit as to what we said and did and what he should not say!  Sad!


Margaret Saunter, Edmonton, Alberta,

PS Please keep reporting family alienation; it is child cruelty!


http://www.vancouversun.com/life/Marriage+breakups+family+feuds+leave+older+generation+estranged+from+grandkids/2499100/story.html


Wednesday, January 27, 2010

Judge orders boy, 11, to live with father he hates and hasn't seen for four years

Its easy to see where the sympathies of this paper are given the headline. We never get enough information on the complexities of these cases but it does stand out to me this is a serious case of Parental Alienation. The mom has gone out of her way to deny the dad access and why would a son hate his father so much.   Even an abused child seeks love from the abuser. It appears the mom was playing the odds in that they mostly win in custody battles but it backfired probably because the dad had enough money to stay in the fight.

It will be of great interest to see how the boy thrives - or not.  I suspect as time passes the dad will ensure he has contact with the mom but if it were me I would ensure the 11 year old stays away long enough to remove the programming of hatred.  It is emotionally abusive of the mom to have treated her own flesh and blood to hate the father.MJM






By Jonathan Petre
Last updated at 5:27 PM on 24th January 2010
boy

A boy of 11 has been ordered to leave his mother and move more than 100 miles to live with the father he hates.

Appeal Court judges accepted last week that the boy was thriving with his mother, enjoying a life full of activities.

Yet they still ruled that he should live with his father, whom he has not seen for nearly four years.

Experts said the judgment reflected the emphasis the courts were now putting on the role of fathers and on the need for children to have contact with both parents. The boy’s parents split up before he was born and the father has been striving to win access for years.

He works in the City of London, lives in a £1million Stockbroker Belt house,  has remarried and has two more children, who are educated privately.

He said he would also send the boy to private school. The mother, a professional woman, had said she was happy for the boy to have contact with his father – when he was ready to do so.

But the Appeal Court upheld an earlier ruling at Coventry Crown Court, where Judge Clifford Bellamy said he was unconvinced that the mother really wanted contact to resume.

The appeal judges called the boy’s feelings of hate for his father ‘irrational’ and said he would suffer long-term emotional and behavioural problems if they were not reunited.

Judge Bellamy said ‘no stone had been left unturned’ to re-establish contact between father and son, but even indirect attempts through gifts and Christmas cards had failed utterly.

Despite the father being ‘devoted’ to his son, the boy was stubbornly resistant to ever seeing his father again.
The judge added that the mother’s arrangements for the boy to have extra-curricular activities every day of the week left no space for his father, adding: ‘All of this strongly suggests that, in truth, the mother has no real wish to see contact restart.’

Judge Bellamy said she had ‘significant influence and power’ over the boy.

He added that the animosity felt by the boy would quickly disappear once he was living under his father’s roof.

The boy’s guardian, an expert appointed to provide an independent view of his best interests, told the court: ‘I feel pretty ferocious in protecting him. Never have I come across such a strong sense of fighting for a child.’
But the judge said she had become too emotionally involved in the case and lost her sense of objectivity. 

At the appeal, Lord Justice Thorpe said it was the third time recently that the court had upheld properly reasoned decisions in favour of fathers.

Miranda Fisher, of London solicitors Charles Russell, said later that the activities of groups such as Fathers 4 Justice had tipped the balance – and courts were taking a tougher line on parents who denied contact between their children and their ex-partners.

She explained: ‘Twenty or 30 years ago it was not the normal expectation that fathers should be involved in looking after the children. Now more mothers have full-time careers and fathers are increasingly wanting to share in caring.’

Saturday, January 9, 2010

Man Convicted Of Convincing Kids To Beat Mom

For those deniers of Parental Alienation here is a case that is one of the more severe. Children have gone as far as killing their parents so it does get worse. A young boy shot his father, a surgeon in Texas, several years back. The dad in this case appears to have incited so much hatred of the mom they all attempted to kill her.  Both children are the victims as is the mom and they need counselling not jail.  The dad should rot in prison for life. He is a scum bag of the highest order and there is no place for him in society. He broke the most sacred trust he will ever get in life and that is the care, comfort, nurturing and emotional growth of his children.  On an emotional level I  think they should give him to those of us who have been target parents as part of his punishment and this writer will ensure he never gets to procreate again.  On a logical level it would not be appropriate but such is the thought process when you see innocent children turned against you. This treatment of children occurs by either parent and the one doing it has serious mental health deficiencies.MJM



Prosecutors Say Attack Prompted By Child-Custody Dispute

POSTED: 6:55 am CST December 9, 2009
UPDATED: 7:04 am CST December 9, 2009






A Douglas County jury convicted a Lawrence man of encouraging his children to try and kill their mother by assaulting her with a baseball bat.

Peggy Breit/KMBC
The jury deliberated for three hours Tuesday before finding 61-year-old Arthur Davis III guilty of attempted first-degree murder, aggravated kidnapping and contributing to a child's misconduct.

Prosecutors said Davis encouraged his 12-year-old daughter and 15-year-old son to kill his ex-wife on June 16. After the children began beating her, Davis went to her house and helped with the attack.

The woman was able to escape and ran down the road to seek help.Prosecutors said the attack was prompted by a child custody dispute. The girl was granted immunity and testified against her father. The Davis' son will be tried as a juvenile.

http://www.kmbc.com/news/21905318/detail.html

Monday, December 28, 2009

Sean Goldman: Will Custody Fight Over Boy Leave Scars?

Finally Mr. Goldman has his son home. Justice has prevailed but with a cost of time. Time is always the enemy in cases involving youngsters being poisoned by a form of emotional and physical alienation.  The son needs time to get used to his dad and paternal family before letting the grand parents in Brazil any where near him. They may love the child but abused him emotionally for a long period of time and deserve no special privileges.

In due course Mr. Goldman will know when the time is appropriate for his son to see his maternal grandparents, initially under supervision.MJM



As David Goldman Wins His Son, Some Experts Fear for 9-Year-Old's Psychological Well-Being

By DAN CHILDS
ABC News Medical Unit

Dec. 24, 2009—

The court case is over, and the ruling has been delivered. But as the drama in the case of Sean Goldman continues, some child development experts fear the pressures of the international custody battle could take a toll on the 9-year-old's psychological well being.
In an interview last week with ABC News correspondent Jeffrey Kofman, New Jersey father David Goldman said that the psychological trauma his son may have suffered during this lengthy, highly-publicized case is upsetting.

"There's a lot of things going through my mind," Goldman told Kofman. "My son's well being, and how he is. And all this pressure that's being put on him is upsetting and very sad."
Goldman also said that he felt his son was being psychologically abused by his deceased wife's family in Brazil.

"He can't live with this pressure," he told Kofman. "He spoke -- he already had spoken loud and clear to the Brazilian judicial system, to the Brazilian courts, to three appointed Brazilian court psychologists who evaluated him... He is being abused by those who are holding him."
While Sean Goldman's case is the latest high-profile custody battle to capture the nation's attention, it is far from the first. In 1999, there was the case of Elian Gonzales, the 6-year-old boy from Cuba whose custody saga became an international crisis.


And then there was the 2004 case involving former Playboy model Bridget Marks, who was locked in a high-profile court fight with millionaire casino executive John Aylsworth over the custody of their twin daughters, Amber and Scarlet. The girls were four years old at the time.


Today, Marks has custody of both girls. And she said she believes custody battles of this nature can have a real impact on the kids involved.

"I think it's harder on the children, because they don't have any control," she said, adding that her girls, now 10, are now both well-adjusted and are top performers in school.
"They do remember everything, but it's not something that we talk about because things now are amicable and quiet," she said. "I don't see any impact now."

Helping a Child Through a Tough Transition

Marks said that her children do see a court-appointed therapist  important, she said, since "the child has to have a neutral place where they can talk about their feelings."

"The adult has to put themselves aside and put the interests of the child ahead of their own.
"They have to realize that there's a human being involved here and they can't go in with a 'take no prisoners' or 'scorched earth' mentality."

It is a sentiment with which child development experts agreed.


"Of utmost importance is the need to protect this boy from feeling pulled between allegiances," said Rahil Briggs, director of Montefiore's Healthy Steps Program at the Albert Einstein College of Medicine's department of pediatrics in New York. "The adults in his life must work to put their own negative feelings aside and help this boy navigate his conflicting emotions related to loyalty, identity, and family member roles.

"While long-term psychological effects of this protracted battle are inevitable, the adults in his life have a very clear choice in terms of the way they handle the future: with his best interests and well-being in mind, or with other, more negative and self-centered goals."

Maintaining Relationships Important, Psychology Experts Say

The five-year, protracted custody case between David Goldman and the family of his deceased wife has left hurt feelings on both sides.

"I am concerned that this boy has to not only readjust to his dad and a new homeland and a new environment, but he also has to say goodbye to people who truly love him and people that he has been very close to," Dr. Harold S. Koplewicz, Director at Nathan S. Kline Institute for Psychiatric Research, told ABC News. "I also am concerned that when you have such a bitter separation and divorce as his parents have had that it is very possible that this boy has heard many negative things about his father.

"It is going to take a while for him to readjust, and his father is going to have to be very patient in order to help."


Family therapist Terry Real told "Good Morning America" this morning that Sean is probably feeling fear at the moment and it could take him months or even years to adjust to his new life.

"He simply has no idea what he is getting into. It is going to be about love, love love," Real said, adding that David Goldman must accept the process his son is going through and be there for him.

Still, psychological experts said it would be best for him if he maintained relationships with both sides of his family.

"It is important to realize that this boy has attachments to both families -- his family in the U.S. and his family in Brazil," said Judith Myers-Walls, an associate professor and extension specialist at Purdue University's department of Child Development and Family Studies in West Lafayette, Ind. "As is the case in any instance of family disruption, there will be loss and grieving no matter what decisions are made."

Myers-Walls said that no matter how the case ends, the trauma of the process is inevitable. In addition to being separated from his father for five years, the boy has experienced the death of his mother and the constant conflict of a custody battle that has lasted for most of his life.

"This is not a sudden crisis in the middle of a steady and calm condition," she said, adding that international media attention may not help. "Hopefully, the families can remove themselves from the public eye and make decisions with the needs of the parents, children, and grandparents in mind without worrying about stirring up more international incidents."

Hope for a Normal Life?

The ultimate impact of the international custody battle on Sean Goldman may not be known for years. But Myers-Walls said there are steps the adults in the case may be able to take to make things better.

"This battle will have long-term effects if the adults do not come to peace with the decisions in some way," she said. "He is constantly caught in the middle as they express distrust, anger, and frustration with each other while he has attachments to all of them.

"The custody battle always will be a part of who he is, but that part could be interesting and growth-producing or it could be an oddity and destructive."

Koplewicz agreed. "I think we can only hope that going forward, people involved with this case will behave more adult-like, because that is what has to happen for this child's mental health."

Monday, December 14, 2009

Parental Alienation ~ Divorce Poison ~ Dr. Richard Warshak on 20/20 December 18/09

WATCH DR. WARSHAK ON
ABC 20/20


Friday, December 18, 2009

9-11 p.m. ET; 8-10 p.m. CT





On Friday, December 18, ABC 20/20 will present the fascinating story of an international abduction case involving an alienated child. In preparation for this show, I was interviewed by Chris Cuomo.


During the second taping, I had an opportunity to demonstrate some of the procedures used during Family Bridges: A Workshop for Troubled and Alienated Parent-Child Relationships.


I expect this show to have a major impact in educating the public about the suffering of children who have been turned against a parent, and about what can be done to help ease a child's transition back to a rejected parent.


Please mark your calendars. Note that on December 18, 20/20 begins one hour earlier than usual and runs for two hours. The segment in which I am involved is scheduled for the first hour, although this is subject to change.


If you enjoyed the show, please leave your comments at: http://abcnews.go.com/2020.

Note: After this Friday's show with Dr. Warshak (Divorce Poison) airs it will be available online.

It will be posted online at: http://www.abc.go.com/watch/2020/166626

Thanks to Rhonda P. for the update note.








Tuesday, December 8, 2009

In OZ ~ Stolen generation victim battles to see son

Peter Clarke in Ballarat, hoping for some good news.

Peter Clarke in Ballarat, hoping for some good news.
Photo: Ken Irwin

By Paul Heinrichs
February 19, 2006

ON MANY a Ballarat evening, in the grounds of Sebastopol's luxury Blythewood Grange conference centre and resort, you can find an Aboriginal father dreaming of his long-lost son.

To Peter Clarke, the place is the only home he recognises - he is a graduate of its former incarnation as a Poor Sisters of Nazareth orphanage.

Mr Clarke is regarded as part of the "stolen generations". He was two months old when Victorian welfare authorities took him and four siblings from his mother. He was raised in Ballarat orphanages.

Now, Mr Clarke, 38, is taking legal action to get access to his 10-year-old son, who he says was taken from Australia eight years ago by his estranged Irish wife.

He says she has refused to return with him because Australia is "too racist" to bring up a part-Aboriginal boy, and her husband does not provide sufficient intellectual stimulation for her.

The "tug-of-love" is over Elliot Browne-Clarke, the only child from Mr Clarke's marriage to former Monash University post-graduate student of Aboriginal anthropology, Pauline "Polly" Browne.

When a British newspaper contacted her at home in north-west Ireland, she would not discuss Elliot or the marriage split. "These are personal matters and I'm saying nothing," she was quoted as saying.

Although he knows the marriage is over, Mr Clarke despairs over his situation.

But after eight years, he is not seeking custody, just some contact. And he says he wants his Irish-raised boy to know that "he'll always have another camp fire burning here".

He longs to teach him some knockabout skills - such as how to whistle through an acorn shell, or leap safely from a pine tree - that he learned during 18 years in institutional care.

"I'd like to be able to go to Ireland and have some time with him. I'd like to have a barbecue with him, cook him some sausages," he says.

"He was a privilege. He completes me . . . I'd give him a big hug."

The life of Mr Clarke, a nephew of Aboriginal army officer Captain Reg Saunders, appeared to change for the better in 1992 when he spoke about Aboriginal child-care issues to law students at Monash University.

He met "Polly" Browne, a red-haired woman about 12 years older than he. She was deeply interested in Aboriginal cultural issues. They married in June 1992 and lived in Fairfield. After a number of casual jobs, Mr Clarke became a native title field officer.

He says the marriage seemed stable and he did not object when his wife said in 1998 that she needed to return to Ireland to see a seriously ill uncle.

"I said it was important that the baby meet the elders, that we needed to build those bridges. So out the door they went, with my blessing and encouragement, for four weeks' time.

"But four weeks became another month, and another, and the excuse became a sister-in-law, and three or four years down the track, she had pretty much given up on me. The phone calls wouldn't come in. She didn't come back."

Mr Clarke wonders whether his wife really only fell in love with Aboriginal culture, "not the man", or perhaps whether seven miscarriages affected her thinking.

"Seven miscarriages is quite a lot to endure, and she had endured that physical pain, but also the mental pain, and I think a part of her clammed up. I think a part of that threw a wall up around our baby, that she had said, 'This is just too precious in my life'. "

In April 1999, Mr Clarke went to Ireland and had brief contact with his wife and son.

But Irish police arrested him and he was charged with brutality.

He appeared in court and his wife and son, and her sister attended. He says his wife stood up after the charges were read and said they had fabricated the allegations.

Mr Clarke says he was released and received an apology from the judge, who reprimanded his wife.

It was the last time he saw Elliot. "I kissed him on the forehead and told him we were good mates, and then I came home."

Now his solicitor, Denis Barry, of the Victorian Aboriginal Legal Service, is attempting to have Ms Browne served with divorce papers and is seeking access for Mr Clarke under an international convention on child abduction.

Mr Clarke wants to visit Ireland for access once a year, make a phone call at least once a month and have the right to correspond with Elliot.

But Mr Clarke's latest contact attempts, with help from a British newspaper and an Irish men's rights groups, appear to have led Ms Browne to flee her home, thwarting attempts to serve legal papers.

Mr Barry says he is in the hands of Irish authorities, who he hopes will act to locate her. Ireland is a signatory to the convention.

http://www.theage.com.au/news/national/stolen-generation-victim-battles-to-see-son/2006/02/18/1140151850827.html


Ex-Etiquette: My son's mother won't stop calling him on my time



Published: Tuesday, Dec. 8, 2009 - 5:07 am

Q. Is it OK to put a limit of one 10-minute phone call on my 11-year-old son to his mother on my every other weekend visits? They call each other morning, noon, and night and stay on the phone for 20-60 minutes each time. When he gets off the phone with her his mood has soured.

A. Sometimes in situations like this, a parent will say it's because their child has told them they hate going to visit the other parent, so they're trying to make it easier by reminding him or her the time away will be over soon. In other cases, the parent is afraid their child will forget them or like it more with the other parent - so they call to remind the child how much they're loved, often talking about what the child left behind when he or she is away with comments like, "Don't worry, I fed your puppy," or, even more underhandedly, "Your puppy misses you when you are gone!" In yet other cases, constant phone calls are simply a tool to alienate the child from the other parent. Parents who use this tact must understand the lasting psychological impact this behavior has on their child. For more information, type in Parental Alienation Syndrome, in the Bonus Families Web site search engine.

While each case should be examined individually, it's not uncommon for a child to tell an anxious parent exactly what he or she thinks the parent wants to hear - even if it's untrue. "I hate going to Dad's! It's boring" even if the truth is that Dad just bought him a new X-box and he's dying to get over there. That's when the parents end up in a counselor's office looking for a custody change because they think they are doing exactly what their child wants. In actuality, neither knows the truth.

To eliminate this issue, phone calls should be limited to one a day - a "Hi ya son, good to hear your voice" phone call is all that's needed. Also, the parents must improve their communication with each other. The more the parents talk directly to each other, the less room there is for the child to interpret by himself. Help him to cope by supporting the other parent's visitation. It is in his best interest.

(East Jann Blackstone-Ford, Ph.D., and her husband's ex-wife, Sharyl Jupe, authors of "Ex-Etiquette for Parents," are the founders of Bonus Families (www.bonusfamilies.com). Reach them at ee@bonusfamilies.com.)


http://www.sacbee.com/848/story/2378952.html

Wednesday, December 2, 2009

In the UK ~ He stole my son, now I'm alone in hell




Hundreds of children in the UK are abducted and taken abroad each year, often by an ex-partner. Why can’t the law get them back?

Young boy at the airport

I used to be a mother. And now I’m not. I am nothing.

My son Joe, aged 12, went overseas to visit his father in the US for the summer of 2007 and never came back. The day he left we had breakfast, went for a swim, played cards, ordered a pizza. He is a talented child and had won a scholarship to a new school. “September can’t come fast enough,” he said. Halfway into the holiday, e-mail, phone and Skype contact stopped.

Weeks later, I had a call from his father to say that he wasn’t coming back.

This afternoon, in the grimly festive setting of Town Hall Square in Leicester, 1,000 balloons will be released to remember my son and 999 other children who won’t be home this Christmas. It is an annual event organised by the strong but optimistically named Reunite, the UK charity that specialises in international parental child abduction.

The day starts with discussions with case officers and experts from the Foreign & Commonwealth Office and the Ministry of Justice, and ends with mince pies and a lonely journey home. There are success stories, thank god — the return from Morocco of Carene and Shelby Crofts to their grandmother in Blackpool this week after three and a half months shows how effective the legal mechanism can be. However, there are also a lot of familiar faces: people I now know, with children somewhere in — they think — Germany, China, Saudi Arabia, Argentina and the US. For most of us, this bleak state of life suspended, this turbulent, frustrating, nightmare existence, came out of the blue.

My case was registered as an international child abduction by the Foreign & Commonwealth Office. I filed for my son’s return and waited. After ten weeks without contact, I flew over. During those weeks, it transpired, Joe had been suffering from nightmares and stomach pains, so his father had engaged and briefed a child psychologist to help him to settle into his “new life”, a new school and new routine. His father had “explained” to the psychologist that I was the cause of Joe’s pain and, without meeting me or contacting me, the psychologist began what became an irreversible, irreparable process by advising the lawyers acting for both sides that, as my son had this apparent fear of me, access — if any — should be short and supervised. Accordingly, I saw Joe for an hour and a quarter in a café. His father sat by the exit, within earshot, on guard. Afterwards I sat, crying, on the edge of the bed in my hotel room, where I paced around alone for a week, waiting for the chance to see him again.

Each night I was told that he had homework, a martial arts class, a film to see, band practice — something that took precedence. I felt desperate and humiliated. On the last day I was allowed to take him to a baseball game; his father waited by the turnstiles and reassured him, theatrically, that he’d be safe. I would give my life to protect my son, yet here he was being “protected” from the fabricated danger that I presented. I longed to hug him. He was anxious, distrustful, wouldn’t meet my eye.

Alienation had begun.

The alienation of child from parent, a tool in many bitter custody battles, is often part and parcel of abduction, the severing of the emotional bond compounding and reinforcing the physical loss, the silence, the emptiness, to a point where it is too, too hard to bear.

Once you lose your child, things work against you — specifically, time. The longer an abductor manages to keep a child, the less likely a judge is to uproot that child, even to right a wrong.

So began an experience that was both typical and Kafkaesque: A passport “lost” before the court-ordered visit, agreements for access ignored, tickets for a visit to England unused, the submission of false affidavits, allegations of abuse (these, at least, quickly withdrawn), hearings adjourned because of this and that. Each time I felt that I had reached the bottom, there was a further drop — and through it all I never saw my son or spoke to him, never had e-mails answered or my calls picked up. Time allows an abducting parent the space to alienate a child, and after six months Joe didn’t want to see me anyway because things were too difficult, too fraught. Job done. “And I’m not going to force him to,” said his father.

Working with the Ministry of Justice, the Foreign & Commonwealth Office and the Home Office, Reunite International Child Abduction Centre is the leading UK charity for international parental child abduction. Between January and October this year, its advice line handled 269 abduction cases involving 386 children.

In the balloon launch at Reunite’s December event, each balloon disappears into the ether with a heartbreaking message (“To my beautiful girls, it has been two years, I love you so much, Mummy”; “I think of you every minute of every day”; and mine: “Merry Christmas, my darling boy”) attached. Some people go every year.

Unless your child has been taken to a country that has not ratified the Hague Convention — Bangladesh, say, or Iraq — the Ministry of Justice has a system in place that in theory should ensure his or her swift return. In practice it is riddled with loopholes and easily sabotaged.

You will be wondering what I had done. The answer, honestly, is nothing. My partner and I split up when Joe was 3. He went abroad to live with the person with whom he was having an affair. It wasn’t easy between us and he didn’t support us, although in other ways he was a good and loving father.

We had quickly established and stuck to a routine. I had sole custody; Joe lived with me but spent holidays with his father and was free to call him whenever he wanted. He was an enormously affectionate child. He would look forward to seeing his father and then, after his visit, say how happy he was to be home. I thought that this was how it should be: no conflict, no tug of war. An achievement.

My relationship with Joe broke down in my absence, thousands of miles away in a place where I couldn’t reach him.

The late Dr Richard Gardner, who coined the phrase “parental alienation” in 1985, described it as the programming of a child by one parent to denigrate the other. In other words, your child is turned into a weapon against you, corrupted into sharing the abducting parent’s psychosis and suppressing their feelings in favour of that parent’s perspective, so as to please them and — having lost the other parent — keep them.

“Parental alienation syndrome (PAS) children often add their own scenarios to the campaign of denigration, from a recognition that their contributions are desired by the programmer,” said Dr Gardner. “The result is a spiralling campaign. The child is taught to disrespect, disagree with and even act antagonistically to the targeted parent. In extreme cases, they appear to forget all positive, loving experiences that they have had with the targeted parent.”

It is a series of devious and destructive manoeuvres. One parent has to be idealised, the other has to be hateful. No ambivalence is possible. For Joe to accept his new life without question or stress, it was easiest for him to cut me — and his grandparents, cousins and friends — out of it.

I understand how it works but it is difficult to endure. I sit in his room, I look at his books and posters, touch his clothes — now all too small. I look at the pictures of him, me, his father, on the wall, and I listen to the absence of my son.

Says one parent: “The effects of PA have been likened to bereavement without end. Every day is a new loss. The parent is barred from every milestone, every experience, every special occasion. It is a life sentence of overwhelming sadness.”

I began to read case briefs and reports and realised that, regardless of the age of the child and the sex and nationality of the alienating parent, every case sounded like mine, from the tactics and excuses used to things that Joe had said to me.

Like a disease, alienation has an incubation period and symptoms. Dr Gardner listed these, from the campaign of denigration to absurd rationalisations for refusing contact, lack of ambivalence, absence of guilt, borrowed scenarios and so forth. Not only was parental alienation a syndrome, he said, but one with “a consistency [that] results in PAS children resembling one another”. His view, now commonly held, is that PAS can be diagnosed quite easily. You’d think it would be possible to find a cure.

Without intervention, the impact on a child can be dire. “Hatred does not come naturally to a child. It has to be taught,” says the Canadian judge Justice John Gomery. “A parent who would teach a child to hate the other parent represents a grave and persistent danger to the mental and emotional health of that child.”

Dr Ludwig Lowenstein, a UK-based forensic psychologist and expert on PAS, says: “Children are encouraged to treat the alienated parent with a lack of respect. Commonly, they will pretend to hate that parent when in fact they do not — so they have practised deception to placate the alienator. This can create such an unhappy situation for the child that he or she panics when asked to visit the alienated parent.”

The child feels guilty because, deep down, he or she knows that the parent who has been ostracised has done nothing to deserve unkind treatment.

Despite such testimony from experts, PAS has not yet been accepted as a “condition” by the American Psychological Association or the British Psychological Society. Until it is, few family courts will issue orders for mediation, therapy or the removal of a child. The problem is exacerbated because British courts attach great importance to the views of children deemed mature enough to hold them — or, as Tony Coe, of the Equal Parenting Council, says, “they abdicate responsibility to children”.

“British courts are way behind American courts in this respect,” says Dr Lowenstein. “They take the child’s statement as final and there’s no going back to find out why the child feels that way.

“Most judges have no understanding of parental alienation. They act on decisions that the child has made based on the indoctrination that he or she has received, when that child should actually be treated for abuse.”

To know that your child is suffering, yet have no legal recourse to remove that suffering, is torturous. Frustrated parents are powerless to do right. One psychologist talks of a woman who presents herself to the court in a way that suggests she is mentally disturbed — but that disturbance, he says, is largely because she has had no contact with her children. A rational, calm parent is often seen as calculating or manipulative. Attempt to contact your child and you risk an accusation of causing guilt; stop trying to make contact and you will be cited in court for abandonment.

If the abuse was physical or sexual, courts would act quickly to award primary custody to the non-abusing parent. Emotional abuse is more difficult to assess, but there is consensus that PAS is easily identified and the damage it causes extreme, yet few judges will issue court orders with “teeth”.

The problem is that when a parent is recalcitrant, the legal solution seems draconian. Although courts, mainly in the US and Canada, are increasingly ordering the removal of children, such rulings are deemed extreme. When, as is more usual, mediation or therapy is ordered — as it was for my son — there is no means of enforcing it. Brief hope withers.

Writing in the journal Family Law in 1998, Dr Susan Maidment, a barrister, said: “If parental alienation syndrome continues to be unrecognised ... the worthy spirit of the law will fail those whom it is beholden to protect.”

There is increasing pressure on the judiciary to adopt a firmer approach — but, in the meantime, childhoods pass quickly and there is no second chance to make them happy. One father describes being “held hostage by our legal system, forced to sit back and watch the relationship with my daughter be destroyed”.

For the first eight months or so I was told to never give up, that Joe would come home. Now I am told there is a good chance that when he has grown up, he will understand what happened and seek me out. Stories of children finding drawers full of old plane tickets and unopened letters from parents who they thought no longer loved them are commonplace — but it’s not enough, is it?

In 19 months, the son I raised alone and I have spent a total of four days together. We have had two phone conversations in ten months. I encouraged him to have a relationship with his father because I believed — still believe — that a child has the right to love both parents wholeheartedly. I wanted him to be stable, confident, happy, carefree and morally grounded, to have no regrets and a clear run at whatever his ambition would turn out to be. I was doing a good job but I hadn’t finished. I had a responsibility to keep him safe and I have failed.

I hate myself for having subdued every natural instinct in me by following the legal process. The law has loopholes and we have fallen through them. I heard about parents who showed up with police at the doors of ex-partners and removed their children forcibly. I should have done that. I had a legal right to do that. But I was frightened of causing a scene, of the effect on my son, of being rejected.

From a purely selfish perspective, I have no one now who wants or needs me to advise, soothe or comfort them; to rein them in or big them up, to offer unconditional love, the benefit of experience, guidance, that sort of thing. And I don’t know what to do with all that superfluous care.

I realise that Joe and I would have pulled our separate ways soon enough and got on with our separate futures, but we could have met up on the common ground of a shared, untroubled past. The abduction and alienation destroyed our home, our relationship, our plans for the immediate future — and our past life, which has been wiped from memory.

We had laid a foundation together, the tamped-down sediment of small things: fears conquered, milestone achievements, silly jokes and inconsequential moments. That was our common ground, our safe place, a tie that binds, the place where we would meet whenever, forever, in life. And it’s gone.

Reunite International Child Abduction Centre: www.reunite.org Reunite advice line: 01162 556234 Two UK support groups that help parents to cope with PAS are MATCH (www.matchmothers.org ) and FNF (www.fnf.org.uk)

Who are the child stealers?

798 offences of child abduction were found between 2002 and 2003 by a study of every police force in England and Wales — although the true figure may be much higher. Of these, nearly a quarter were by a natural parent or guardian. Almost half the children taken were from ethnic minority backgrounds.

336 children were illegally abducted from the UK and taken abroad last year. Their most common destination was Pakistan (30 cases), then the US (23), Ireland (22) and Spain (21).

93 per cent has been the rise in the number of child abductions from Britain since 1995, reflecting a rise in transnational marriages, more people working abroad on short-term contracts and more changing their country of residence.

40 per cent of cases last year involved children being taken to countries that have not signed up to the 1980 Hague Convention, which requires abductors to return children to their country of residence.

Japan is the only G7 country not to have signed the 1980 Hague Convention. Its courts do not recognise parental child abduction as a crime and routinely rule in favour of the Japanese parent and against the “left-behind parent”. Since 2003 there have been 37 cases in Japan involving British nationals: none has been resolved.

Islamic countries with Sharia law, such as Saudi Arabia and Egypt, prioritise male parental rights, making it nearly impossible for mothers to get their abducted children back.

Russia is another abduction hotspot. It also has not signed the 1980 treaty.

Chloe Lambert

Sources: FCO, Reunite, PACT


http://women.timesonline.co.uk/tol/life_and_style/women/families/article6941434.ece

Monday, November 30, 2009

VT Judge Awards Custody to Non-Biological Mom

This is the second such case where the bio lesbian mom has been re-born as a hetero and marries a man and got the religious right onside. This one I believe was the first and has been going on for sometime and is also likely the first time in history a non-biological mom was granted custody. It's interesting what judges will do with two women involved. Another occurred in Montana. I always thought they said same sex preference was genetic? Lesbians seem to be more flexible. If we had shared equal parenting as a presumption for same sex and hetero couples this might be avoided.MJM










by Kilian Melloy

Monday Nov 30, 2009

Happier times: Isabella as an infant with her two mothers
Happier times: Isabella as an infant with her two mothers


A long-running custody dispute has culminated in a Vermont judge ordering the former partner of a child’s biological mother to assume custody of the child. The anti-gay Christian press says that the seven-year-old child, Isabella, is a "stranger" to her new custodial parent, Janet Jenkins, and that Isabella had "violent reactions" whenever she was in Jenkins’ care due to her "lesbian lifestyle." But according to lawyer and family court expert Kurt Hughes of Burlington, Vermont, the outcome is typical of certain custodial cases in which one parent repeatedly refuses to abide by a court-ordered custody arrangement.

"Even though it’s hit the headlines because this happens to be a same-sex couple, this is a very basic family law that we’re talking about," Hughes told local news station WCAX, which reported on the case in a Nov. 23 article.

"There’s something called parental alienation syndrome, in which one parent is constantly bad mouthing the other parent," Hughes explained. "And so the courts over the years have decided that the potential long term psychological impact to a child from that type of behavior is much greater than the temporary disruption that would result from a child changing households from one parent to the other." The biological mother, Lisa Miller, has been ordered to relinquish custody of daughter Isabella to Jenkins by the start of the new year. Miller will retain visitation rights. If she does not comply, she may end up in prison.

Vermont Family Court Judge William Cohen ruled that the change of custody was necessary because the dispute had the capacity to harm the child more than a change of custody would. Wrote Judge Cohen, "Ms. Miller’s interference with the relationship between (the child) and Ms. Jenkins have become so pervasive that it now outweighs the potential harm that could occur to the child by a chance of custody."

But to Christian pundits, the case represents a precedent in which the state takes a child from her biological mother in favor of a non-biological former same-sex partner.

Miller’s lawyer, Mat Staver, is also the founder of the right wing--and anti-gay--Liberty Counsel, which has ties to Jerry Falwell’s religious organization. Staver was one of two sources quoted in a Nov. 25 article posted at CitizenLink.com, a Focus on the Family-affiliated Web publication. The other source quoted in the article was a professor at the right-wing Christian Liberty University School of Law.

Said Staver, "This judge in Vermont ultimately ruled that he is going to switch custody from Lisa Miller, and take her own biological daughter Isabella and move her from Virginia and put her into an activist lesbian household up in Vermont with a person she really doesn’t know, who’s not her biological mother, and frankly who’s not acted as a parent."

Staver claimed that Isabella responded negatively to Jenkins’ so-called "lesbian lifestyle," saying, "Every time that the visitation actually occurred, Isabella had violent reactions, because Janet exposed her to the lesbian lifestyle." Staver claimed that Jenkins "tried to convince her that she has two moms and even tried to scare her by saying that she was going to be taken from Lisa and transferred to Vermont."

The article painted Miller’s refusal; to comply with the court-ordered custodial arrangement due to the "violent reactions" that Isabella allegedly exhibited to spending with Jenkins. However Jenkins painted a much different picture, saying, "[M]y daughter completely knows me. We were together ten months ago. I mean, she adores me. She calls me Mama."

The case has raged for six years between the former life partners, who had entered into a civil union together before Miller conceived Isabella via artificial insemination. When their relationship ended, Miller relocated from Vermont to Virginia and became a Baptist.

The custody dispute went all the way to the state supreme court of both states. Vermont’s Supreme Court recognized Jenkins’ parental relationship with Isabella, and the Vermont state Supreme Court found--despite a Virginia law that excludes same-sex families from any legal recognition--that while Miller would receive custody of Isabella, Jenkins would retain visitation rights. It is that arrangement that Judge Cohen’s ruling reversed.

Cohen’s ruling was denounced by Liberty University School of Law professor Rena Lindevaldsen, who told CitizenLink.com, "To have the first reported decision in the country stripping a biological mother of her child, solely because she has refused to give visitation to a legal stranger, is shocking." Added Lindevaldsen, "There’s a lot of talk nowadays about drawing that line in the sand and understanding that government can’t order certain things. When you’re ordering a child to be stripped from her biological mother, you’ve got to wonder, has the court overstepped its bounds?"

Staver cited the case as illustrative of the perils of granting same-sex families full legal recognition, telling Newsweek in a Dec. 6, 2008 article that, "Lisa Miller’s case illustrates two things in regards to same-sex marriages. First, one state cannot adopt same-sex unions without affecting the sister states. It’s simply impossible. Secondly, these cases are about real people, and children are particularly caught in the tangled legal web of same-sex marriage, and Isabella is a classic example."

In that same article, however, Jenkins offered a glimpse into what the case has meant for her. "I did not divorce my child, I divorced my partner," she said. "Yet I’ve missed out on my child’s kindergarten graduation. I’ll never get that back. I don’t even get to talk to my daughter on the phone. It’s heinous what has transpired."

Whether children of same-sex couples are more at risk of such legal entanglement than are children of feuding heterosexual former spouses may be a point of debate. When it does happen that dissolving same-sex unions involve children, however, what holds sway is the very same patchwork of legal rights and status that can change the legal standing of a family’s members from one state to the next simply by crossing a border: while Vermont, where the women lived while together and where Jenkins still resides, now offers marriage equality, Virginia, where Miller relocated, specifically denies any legal recognition of same-sex families at all. Attorney Joseph Price, who represents Jenkins, told Newsweek, "You cannot just shop your case around in different states until you get a ruling in your favor. And that’s essentially what Lisa has tried to do."

In that article, Miller, too, opened up, saying that she had a conversion experience while attending a Baptist church and decided to walk away from her lesbian identity. "I do not feel safe leaving my daughter with her," Miller told Newsweek, referring to Jenkins, "and I believe I have a God-given and constitutional right to raise my child as I see fit." Continued Miller, "There is a homosexual agenda at work here, and Isabella is a pawn in their game. It has nothing to do with the law. Isabella was saved at age 4, loves God, and knows what’s right and what’s wrong. We don’t hate Janet, we pray for her soul and salvation."


Kilian Melloy reviews media, conducts interviews, and writes commentary for EDGEBoston, where he also serves as Assistant Arts Editor.

http://www.edgeboston.com/index.php?ch=news&sc=&sc2=&sc3=&id=99531