Opinion
Child abuse: when family courts get it wrong
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Sunday, March 11, 2012
States must reform a system that too often awards custody to the abusive parent.
Parental Alienation: A Rational Approach
Parental Alienation: A Rational Approach
NY State Office for Prevention of Domestic Violence Newsletter, June 1, 2009
The fact that divorcing parents often badmouth each other to the children can not justify the damage done to abused and endangered children by PAS and PA accusations. A more rational and fair approach to the claim of PA is presented
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Legal Community Rejects Parental Alienation Syndrome
Legal Community Rejects Parental Alienation Syndrome
The Leadership Council On Child Abuse and Interpersonal Violence, July 12, 2006
Two recent high profile legal publications have rejected “Parental Alienation Syndrome” (PAS), a controversial label often used to discredit allegations of child abuse or domestic violence in family courts. According to PAS theory, children's disclosures of abuse by one parent are reinterpreted as evidence of “brainwashing” by the other parent. The solution proposed by PAS theory is to immediately award custody to the alleged child abuser.
The Evidentiary Admissibility of Parental Alienation
The Evidentiary Admissibility of Parental Alienation
American Bar Association's Children's Legal Rights Journal, April 1, 2006
Since 1985, in jurisdictions all over the United States, fathers have been awarded sole custody of their children based on claims that mothers alienated these children due to a pathological medical syndrome called Parental Alienation Syndrome ("PAS"). Given that some such cases have involved stark outcomes, including murder and suicide, PAS' admissibility in U.S. courts deserves scrutiny. This article presents the first comprehensive analysis of the science, law, and policy issues involved in PAS' evidentiary admissibility. The author analyzes every precedent-bearing decision and law review article referencing PAS in the past twenty years, finding that precedent holds PAS inadmissible and the majority of legal scholarship views it negatively.
Quotes By Richard Gardner
Quotes By Richard Gardner
Richard A. Gardner, M.D., is the creator of the creator and main proponent for Parental Alienation Syndrome (PAS) theory. Prior to his suicide, Gardner was an unpaid part-time clinical professor of child psychiatry at the College of Physicians and Surgeons at Columbia University . He made his money mainly as a forensic expert. PAS was developed by Dr Richard Gardner in 1985 based on his personal observation, not on scientific study, and on his work as an expert witness, often on behalf of fathers accused of molesting their children. Gardner 's theory of PAS has had a profound effect on how the court systems in our country handle allegations of child sexual abuse, especially during divorce. Because Gardner 's PAS theory is based on his clinical observations--not scientific data--it must be understood in the context of his extreme views concerning women, pedophilia and child sexual abuse.
National Council of Juvenile and Family Court Judges Rejects PAS
National Council of Juvenile and Family Court Judges Rejects PAS
September 11, 2006
The theory positing the existence of "PAS" has been discredited by the scientific community and hence fails to meet Daubert and Frye standards and should be ruled inadmissible. Quite apart from its scientific invalidity, PAS 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.
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Parental Alienation Syndrome - What Professionals Need To Know Part 1
November 1, 2003 Parental Alienation Syndrome - What Professionals Need To Know Part 1
Parental Alienation Syndrome - What Professionals Need To Know Part 1
National Center For Prosecution of Child Abuse, American Prosecu, November 1, 2003
Although PAS may be hailed as a “syndrome” (a group of symptoms that occur together and constitute a recognizable abnormality), in fact it is the product of anecdotal evidence gathered from Dr. Gardner’s own practice.4 The purpose of this article is to briefly discuss the major premises upon which PAS is based, and to identify key weaknesses.
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Parental Alienation Syndrome in Family Courts
Parental Alienation Syndrome in Family Courts
Presented at the Child Sexual Abuse: Justice Response or Alternative Resolution Conference, May 1, 2003
The question of allegations of sexual abuse in Family Law cases is a complex issue. It is becoming increasingly common to see Parental Alienation Syndrome (PAS) invoked as an explanation for such allegations, with the implication that the allegations are false. This presentation will review some of the literature on both issues - false allegations and PAS – in the context of Family Law disputes. It will examine the concept of PAS and will suggest that it has neither validity nor utility.
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Parental Alienation Syndrome Revisited
Parental Alienation Syndrome Revisited
Presented at the Child Sexual Abuse: Justice Response or Alternative Resolution Conference , May 1, 2003
In family courts, the ramifications of recognising abuse as a reason for supervising or aborting contact have led to laws which are ambiguous, expert opinions which are not based in science and outcries from parents of both sexes about the unfairness of the system. The concept of alienation has gained ascendancy in family courts around the world particularly over the last five years. While most professionals familiar with the courts’ workings recognise that children can and do side with one or other parent, especially in the early stages of separation, little was done to research this. Indeed most of the papers written address Parent Alienation Syndrome, not parent alienation, and distinguished researchers in the field have only just turned their attention to the problem
Parental Alienation Syndrome: A Paradigm For Child Abuse In Austrailian Family Law
Parental Alienation Syndrome: A Paradigm For Child Abuse In Austrailian Family Law
Paper presented at Child Sexual Abuse: Justice Response or Alternative Resolution Conference, Australian Inst. of Criminology, May 1, 2003
This paper argues that the absence of a publicly funded investigative capacity in the Family Court of Australia when there are allegations of child abuse by a parent, creates the conditions for the de facto operating presumption of the Parental Alienation Syndrome paradigm in the courts. This paradigm, at its simplest, insists that claims of serious child abuse are invented and that children’s statements and manifestations of fear are the outcome of parental coaching. Without a publicly funded professional child protection investigative service available to inform the family court, the private adversarial system of family law commonly fails to substantiate allegations of child abuse, thereby systematically producing the outcome that child abuse allegations will be deemed to be false. Safety for children in family law proceedings who are subject to abuse depends on access to a professional investigative service to inform the court, and a redefinition of a child’s best interests in the Family Law Act to give safety the highest value.
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Parental Alienation Syndrome Misused in Child Custody Cases
Parental Alienation Syndrome Misused to Defeat Valid Abuse Claims in Child Custody Cases
Parental Alienation Syndrome Misused to Defeat Valid
Abuse Claims in Child Custody Cases
In response to the increased media attention surrounding the release of Alec Baldwin's book entitled, "A Promise to Ourselves," the National Network to End Domestic Violence, the Domestic Violence Legal Empowerment and Appeals Project, the National Coalition Against Domestic Violence, and StopFamilyViolence.org release the following:
The National Network to End Domestic Violence (NNEDV), the Domestic Violence Legal Empowerment and Appeals Project (DV LEAP), Stop Family Violence, and the National Coalition Against Domestic Violence, four of the nation's leading domestic violence victim advocacy organizations, call on the media and the courts to rectify the misunderstanding and misuse of Parental Alienation Syndrome (PAS) in custody cases.
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Governors: Don't Be Fooled by Parental Alienation | Stop Family...
Governors: Don't Be Fooled by Parental Alienation | Stop Family...
www.stopfamilyviolence.org/pages/404 - Cached
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Proponents portray parental alienation as a form of child abuse that ... Association has said parental alienation syndrome “lacks evidence” and ... law and policy”parental alienation's use should be “inadmissible” in American courts.
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Parental alienation syndrome": It's not a real disease, but some ...
Parental alienation syndrome": It's not a real disease, but some ...
www.slate.com/id/2294831/ -
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May 17, 2011 – The extraordinary fight over "parental alienation syndrome" and what it .... for legal admissibility, courts admit evidence of precisely the
Mommy Hates Daddy, and You Should TooThe extraordinary fight over "parental alienation syndrome" and what it means for divorce cases.By Dahlia LithwickPosted Tuesday, May 17, 2011, at 7:09 PM ET |
Special Issue: Alienated Children in Divorce: Evidentiary Issues With Parental Alienation Syndrome July, 2001
WHAT IS PARENTAL ALEINATION SYNDROME, AND WHY ISIT SO OFTEN USED ...
WHAT IS PARENTAL ALEINATION SYNDROME, AND WHY ISIT SO OFTEN USED ...
www.againstsexualabuse.org/docs/ParentalAlienation.docSimilar
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File Format: Microsoft Word - Quick ViewMoreover, in my opinion, much of Gardner's writing, including his discussion of hisparental alienation syndrome, is biased against women. |
... ARTICLE 13(b) OF THE HAGUE CONVENTION TREATY: DOES IT CREATE A LOOPHOLE FOR PARENTAL ALIENATION SYNDROME? ...
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: Parental Alienation Syndrome, Child Abuse, Gender, and Fathers' Rights, 40 FAM. L.Q. 315 (2006).
Michele A. Adams, Framing Contests in Child Custody Disputes: Parental Alienation Syndrome, Child Abuse, Gender, and Fathers' Rights, 40 FAM. L.Q. 315 (2006).
This article examines the debate about Parental Alienation Syndrome (PAS) from a social scientific perspective. Drawing on social constructionist approaches and notions of frames, the author investigates the existence of a framing context over the situation in which a child, in the midst of a custody dispute, rejects the noncustodial parent. She begins by discussing social constructionism and framing perspectives that drive her conceptual analysis and then moves on to examine the social context within which the PAS frame emerged. The author presents the historical development of parental alienation syndrome and its emergence as a counter frame to allegations of child abuse in disputed custody matters. She concludes with an examination of PBS's Breaking the Silence: Children's Stories.
This article examines the debate about Parental Alienation Syndrome (PAS) from a social scientific perspective. Drawing on social constructionist approaches and notions of frames, the author investigates the existence of a framing context over the situation in which a child, in the midst of a custody dispute, rejects the noncustodial parent. She begins by discussing social constructionism and framing perspectives that drive her conceptual analysis and then moves on to examine the social context within which the PAS frame emerged. The author presents the historical development of parental alienation syndrome and its emergence as a counter frame to allegations of child abuse in disputed custody matters. She concludes with an examination of PBS's Breaking the Silence: Children's Stories.
Publication Date: October 18, 2006
Child Sexual Abuse & Parental Alienation Syndrome Allegations
Child Sexual Abuse & Parental Alienation Syndrome Allegations
The following is a group of excellent links to papers and articles about Parental Alienation Syndrome and how the use of this fictitious syndrome by the Family Courts is harming our nation's children. Does parental alienation exist? Yes, it does. But true Parental Alienation is a far cry from the so-called Parental Alienation Syndrome
Rev. Anne Grant: The discredited 'Parental Alienation Syndrome'
Rev. Anne Grant: The discredited 'Parental Alienation Syndrome'
01:00 AM EDT on Tuesday, June 27, 2006
TUCKED INTO a Rhode Island alleged-murder story in the May 9 Journal is a disquieting detail: The alleged killer's two children, ages 7 and 9, were in the apartment during the alleged fight to the death.
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(November 9, 2005) "APA's authoritative Report on Violence in the Family pointedly criticizes the misuse of PAS in domestic violence cases and unequivocally finds that there is no scientific evidence of such a "syndrome
The Truth About Parental Alienation Syndrome And The American Psychological Association Compiled by Trish Wilson
EXCERPT The Truth About Parental Alienation Syndrome And The American Psychological Association Compiled by Trish Wilson - Statement by Professor Joan S. Meier, Esq. (November 9, 2005) "APA's authoritative Report on Violence in the Family pointedly criticizes the misuse of PAS in domestic violence cases and unequivocally finds that there is no scientific evidence of such a "syndrome
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California Family Courts Helping Pedophiles, Batterers Get Child Custody
California Family Courts Helping Pedophiles, Batterers Get Child Custody
Welcome to Safety for Parents & Kids
Welcome to Safety for Parents & Kids
www.safety4parentsandkids.org.au/index.php?limitstart=35 - Cached
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by P Donate - 2011 - Related articlesBroad support for family law bill that puts children's needs first .... The syndrome was diagnosed in 1985 by US clinical psychiatrist Richard Gardner, an advocate of ......in the lower court because it is inherently irrelevant and unreliable, ... [2] Indeed, Gardner believes that the vast majority of sexual abuse ...
PAS -JUNK SCIENCE
PAS -JUNK SCIENCE
www.melo-international.com/PAS_-JUNK_SCIENCE.php - Cached
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The Truth on Dr. Richard Gardner who created PAS and why? .... Societal acceptance of these myths assists sex offenders by silencing .... An even lowerrate of abnormal findings was found in a large scale study ... Prior to the 1980s, child sexual abuse was largely ignored, both by the law and by society as a whole ... |
savethemales.ca - Masonic Judges Awarding Custody to Pedophiles
savethemales.ca - Masonic Judges Awarding Custody to Pedophiles
www.henrymakow.com/family_judges_awarding_custody.html - Cached
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Nov 7, 2010 – Family Court Orders are the LAW, and with child custody Enforcement... Richard Gardner, the self-promoted psychiatrist, who invented this theory, ...prison cell with their identified sex offender and throwing away the key. ... supreme over their lower roles no a provincial and local police level. .Parental Alienation Syndrome Leading » Children & Child Care
Parental Alienation Syndrome Leading » Children & Child Care
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Dec 1, 2006 – PAS, claimed Gardner, was a mechanism used by a parent, usually the mother, .... Richard Ducote an attorney at law in New Orleans stated in 2003 ofGardner and his PAS .... Lundy Bancroft sums up the asymmetry in favor of theoffender, .... In fact research shows that a lower proportion of false ..."It's really been a cancer in the family courts," says Richard Ducote, ...
Claudine Dombrowski
c-dombrowski.livejournal.com/ - Cached
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"It's really been a cancer in the family courts," says Richard Ducote, ... Gardner on the sexual aggressiveness of children Gardner suggests that children want to have...... arrested just like any other offender and that there were restraining order laws.... I'm over in the background traits, the lower left here. ...Click here - Citizens for Judicial Accountability
Click here - Citizens for Judicial Accountability
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After sexual abuse allegations by Bridget, the father filed for custody of the ... "We believe that this is a case of bad science producing bad law." ... By Richard Johnson Sep 13, 2004. Bridget Marks, the former Playboy model who lost ...... in 1985 by the late Columbia University psychiatrist Richard Gardner, ... |
Channel 4's failure to care debate - MOTHERS-FOR-JUSTICE
Channel 4's failure to care debate - MOTHERS-FOR-JUSTICE
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Nationwide campaign for truth and justice in family law ... Sandra Horley OBE - REFUGE · Richard Gardner & PAS · John Hemming MP · Families in meltdown -Judge ... Child abuse cover-up -the Times · Will sex offender pilots work? .... of support they receive from social workers which in turn then affects their lives ... |
Getting screwed by the Family Courts « Crisis In The Family Courts
Getting screwed by the Family Courts « Crisis In The Family Courts
abatteredmother.wordpress.com/.../getting-screwed-by-the-family-c... - Cached
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Judicial abuse occurs when the effects of law itself are damaging to the person ....boy had a broken collarbone, a broken lower leg and bruises from head to toe. .....The late Richard Gardner developed the theory of parental alienation .... Sex Offender Defends Custody Of Girl Girl's Family Wants Her Back In ...Richard GardnerCreated FPC & PAS - to Win Criminal Cases for Incest Perps
Slide 1
www.ifvcc.org/meetings/.../Zorza%20DV%20Training%20Illinios.ppt
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File Format: Microsoft Powerpoint - Quick ViewApr 5, 2011 – Forcing sex; forcing abhorrent sexual practices; ... PsychologicalAffects of DV on Battered Women Include: ..... Laws in every state make DV at least a factor in child custody determinations between parents ... Richard GardnerCreated FPC & PAS - to Win Criminal Cases for Incest Perps ...
Dr. Richard Gardner - The Leadership Council
Dr. Richard Gardner - The Leadership Council
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Dr. Richard Gardner: A Review of His Theories and Opinions ... In 1992, an article in The National Law Journal described Gardner "as one of the most ... While Gardner 's theories about mass sexual abuse hysteria have been widely ... |
Indiana Family Court « Family Court in America
Indiana Family Court « Family Court in America
juliafletcher.wordpress.com/...law.../indiana-family-court-hanson-v-... - Cached
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Crimes Against Children, Perpetrators, Accountability and A Court of Law ... Why wasn't the lower court's decision reversed on that basis alone? ..... disobedience of any lawfully entered court order of which the offender had notice. .... Richard A. Gardner, Dr. Gardner Defends Work on Sex Abuse, Nat'l L.J., Sept. ... |
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