Children and parents who have undergone forced separation from each other in the absence of abuse, including cases of parental alienation, are highly subject to post-traumatic stress, and reunification efforts in these cases should proceed carefully and with sensitivity. Alienated children seem to have a secret wish for someone to call their bluff, compelling them to reconnect with the parent they claim to hate; despite strongly held positions of alignment, alienated children want nothing more than to be given the permission and freedom to loveand be loved by both parents (Baker, 2010). Yet the influence of the alienating parent is too strong to withstand, and children’s fear that the alienating parent may fall apart or withdraw his or her love holds them back. Research has shown that many alienated children can transform quickly from refusing or staunchly resisting the rejected parent to being able to show and receive love from that parent, followed by an equally swift shift back to the alienated position when back in the orbit of the alienating parent (Fidler and Bala, 2010). Thus while children’s stated wishes regarding parental residence and contact in contested custody afterdivorce should be considered, they should not be determinative in cases of parental alienation.
Reunification efforts subsequent to prolonged absence should be undertaken with service providers with specialized expertise in parental alienation reunification. A number of models of intervention have been developed, the best-known being Warshak’s (2010) Family Bridges Program, an educative and experiential program focused on multiple goals: allowing the child to have a healthy relationship with both parents, removing the child from the parental conflict, and encouraging child autonomy, multiple perspective-taking, and critical thinking. Sullivan’s Overcoming Barriers Family Camp (Sullivan et al, 2010), which combines psycho-educational and clinical intervention within an environment of milieu therapy, is aimed toward the development of an agreement regarding the sharing of parenting time, and a written aftercare plan. Friedlander and Walters’ (2010) Multimodal Family Intervention provides differential interventions for situations of parental alignment, alienation, enmeshment and estrangement. All of these programs emphasize the clinical significance of children coming to regard their parents as equally valued and important in their lives, while at the same time helping enmeshed children relinquish their protective role toward their alienating parents.
In reunification programs, alienated parents will benefit from guidelines with respect to their efforts to provide a safe, comfortable, open and inviting atmosphere for their children. Ellis (2005) outlines five strategies for alienated parents: (1) erode children’s negative image by providing incongruent information; (2) refrain from actions that put the child in the middle of conflict; (3) consider ways to mollify the anger and hurt of the alienating parent; (4) look for ways to dismantle the coalition between the child and alienating parent and convert enemies to allies; and (5) never give up on reunification efforts. As much as possible, Warshak (2010) recommends, alienated parents should try to expose their children to people who regard them, as parents, with honor and respect, to let children see that their negative opinion, and the opinion of the alienating parent, is not shared by the rest of the world. This type of experience will leave a stronger impression than anything the alienated parent can say on his or her own behalf, according to Warshak.
As Baker (2010) writes, alienated parents acutely feel the hostility and rejection of their children. These children seem cruel, heartless, and devaluing of their parents. Yet it is important to realize that from the child’s perspective, it is the targeted parent who has rejected them; they have been led to believe that the parent whom they are rejecting does not love them, is unsafe, and has abandoned them. Thus, the primary response of the alienated parent must always be one of loving compassion, emotional availability, and absolute safety. Patience and hope, unconditional love, being there for the child, is the best response that alienated parents can provide their children, even in the face of the sad truth that this may not be enough to bring back the child.
With alienating parents, it is important to emphasize that as responsible parenting involves respecting the other parent’s role in the child’s life, any form of denigration of a former partner and co-parent is harmful to children. Children’s connections to each parent must be fully respected, to ensure their well being, as children instinctively know, at the core of their being, that they are half their mother and half their father. This is easier said than done, as alienating parents are themselves emotionally fragile, with a prodigious sense of entitlement and need to control (Richardson, 2006), and thus pose significant clinical challenges. Yet poisoned minds and instilled hatred toward a parent is a very serious form of abuse of children. When children grow up in an atmosphere of parental alienation, their primary role model is a maladaptive, dysfunctional parent. It is for this reason that many divorce specialists (e.g., Fidler and Bala, 2010) recommend custody reversal in such cases, or at least a period of separation between a child and an alienating parent during the reunification process with an alienated parent. I have come to believe, however, that the means of combating alienation should not themselves be alienating, and that a non-punitive approach is most effective, with co-parenting being the primary goal. Thus engaging and involving the alienating parent in reunification programs, whenever possible, is critical (Sullivan et al, 2010).
Parent-Child Reunification After Alienation
  Thank you to the members and supporters of Parental Alienation Awareness Organization USA North Texas Chapter who made valuable contributions to the article, both with personal stories and expert advice. |
PAAO ~ "Parental Alienation is either a form of Domestic Violence or on the continuum of Domestic Violence behaviors."
Doc says, "Need criminal courts to prosecute alienators!"
The parental alienation epidemic is out of control. it is destroying families by the millions! We need tax payer funded criminal courts to recognize and prosecute this terrible crime against the civil rights of children and parents everywhere. This could possibly stop the outbreak of family destruction. #parentalalienation #kidnapping #childabuse http://thechildpriority.com
Posted by Super Dad's Whos Kids have angry moms on Saturday, December 28, 2013
Steps to End Parental Alienation in America
Identifying the population size of current victims, and social services community, and roles results, initiatives involved with Parental Alienation. Steps to slaying the demon, to ending Alienation. From a personal level to an effective concept we hope this video inspires an organizational confidence in the enormous community of targeted parents and extended family. See more at http://thechildpriority.com
Posted by Super Dad's Whos Kids have angry moms on Tuesday, November 5, 2013
Alienated Parents - Call to Action
Organization and civil liberties protection spirited creative to help motivate activism, solution ism and efforts to "squash the alienation!" An an inspiring super video from Super Dad's Whos Kids have angry moms and http://thechildpriority.com
Posted by Super Dad's Whos Kids have angry moms on Wednesday, November 6, 2013
Super Dads whos kids have angry moms - Need Super Dad!
PARENTAL ALIENATION carries pretty much the same symptoms as kidnapping does... except maybe worse- this kidnapper hates the other parent. They are often jealous of the parents' latter successes. For whatever their reasons they are using children to destroy, and the first and primary destruction is Daddy (in some cases Mommy). This aggression seems to know no moral borders or boundaries. In America children and parents are ripped apart and are in suffering over money, power, control and hate. Children, courts, DCSE and lies are the weapons used of battles ex-spouses every where. Its a social disease put by the dreaded "alienation." There are logical solutions and cures but "machines of destruction" wont let them implemented. We need Super Dad! http://thechildpriority.com #parentalalienation# childabuse
Posted by Super Dad's Whos Kids have angry moms on Wednesday, July 31, 2013
Parental Alienation
"How It Affects Your Kids (It's Worse Than You Think)"
Dallas Child, Fort Worth Child, and North Texas Child Magazine's May 2013 The article starts on page 28 and can be viewed online as well as by picking up copies of the magazines throughout North Texas.
Parental Alienation or Parental Alienation Syndrome did not make it into the DSM IV, not all is lost. Instead, what you will find is a discussion regarding the 'Child/Parent Relational Problem' where the discourse surrounds the cognitive issues of the problem that have the potential to include; "negative attributions of the other's intentions, hostility toward or scapegoating of the other, and unwarranted feelings of estrangement." According to Dr. William Bernet, one of the proponents for the PA language inclusion, "That's a pretty good description of a child's view of the alienated parent. “ At the very least, what has been acknowledged here is the conditions that must be present for alienation of one parent to occur. This is similar to what Dr. Craig Childress calls the 'parental alienation dynamic'. Same/same. All it really amounts to is the DSM IV acknowledging that these behaviors can lead a child to have cognitive problems of feeling 'unwarranted feelings of estrangement' towards what we call the 'target parent'.
Parental Alienation
(or Hostile Aggressive Parenting) is a group of behaviors that are damaging to children's mental and emotional well-being, and can interfere with a relationship of a child and either parent. These behaviors most often accompany high conflict marriages, separation or divorce.
These behaviors whether verbal or non-verbal, cause a child to be mentally manipulated or bullied into believing a loving parent is the cause of all their problems, and/or the enemy, to be feared, hated, disrespected and/or avoided.
Parental alienation and hostile aggressive parenting deprive children of their right to be loved by and showing love for both of their parents. The destructive actions by an alienating parent or other third person (like another family member, or even a well meaning mental health care worker) can become abusive to the child - as the alienating behaviors are disturbing, confusing and often frightening, to the child, and can rob the child of their sense of security and safety leading to maladaptive emotional or psychiatric reactions.
Most people do not know about Parental Alienation and Hostile Aggressive Parenting until they experience it. Parental Alienation Awareness is put forth to help raise awareness about the growth in the problem of targeting children and their relationship in healthy and loving parent/child bond.
We need your help to protect the innocent, ...the children.
WE NEED YOUR HELP!
We need your help to protect the innocent, ...the children.
WE NEED YOUR HELP!
We need your help to educate and make aware to the public the effects of Parental Alienation and Hostile Aggressive Parenting.
If you've been affected by Parental Alienation or know someone who has, or are a past victim of a parent who exhibited Hostile Aggressive Parenting, please write and tell us your story.
We will add your story to our letters page for everyone around the world to publish in their local magazines, newspapers, etc. Please remember to keep your story to the telling of the confusion, loss, love, and heartache. Please refrain from excessive anger and verbally assaulting anyone in your letters.
The aim of the Awareness is to make the general public, judges, police officers, mental health care workers, child protection agencies, lawyers, as well as friends and family of the targeted children or their parents become aware of this growing problem.
With awareness comes education and understanding, and the power to stop the abuse of innocent children caught in the crossfire of people they love.
Macomb County Circuit judge under investigation by Judicial Tenure CommissionThe Oakland Press is your source for all Pontiac and Oakland County 24-hour breaking news, local news, sports,.. THEOAKLANDPRESS.COM
Post by Parental Al
Remain an Equal Parent to your Child!
"OUR CHILDREN"
Join the Purple Keyboard Campaign 4 Family Justice Reform and Write ONE Letter -- HOW THIS WILL HELP...
Malicious Mom and Parental Alienation Dynamics's photo.
"Reckless Disregard"
A True And Compelling Story About One Father's Fight
Post by Parental Al
Remain an Equal Parent to your Child!"OUR CHILDREN"
Join the Purple Keyboard Campaign 4 Family Justice Reform and Write ONE Letter -- HOW THIS WILL HELP...
Malicious Mom and Parental Alienation Dynamics's photo.
"Reckless Disregard"
A True And Compelling Story About One Father's Fight
"Reckless Disregard"
A True And Compelling Story About One Father's Fight
Posted by American Fathers Liberation Army on Saturday, August 1, 2015
Parental Alienation Awareness Organization USA Austin Chapter
Posted by American Fathers Liberation Army on Saturday, August 1, 2015
Stop Emotional Child Abuse
Posted by American Fathers Liberation Army on Saturday, August 1, 2015
Childrens Rights Florida
Posted by American Fathers Liberation Army on Saturday, August 1, 2015
I have an extreme case of this regarding my son. please contact me privately at auroramattc@netscape.net
ReplyDeleteit is a very complicated situation and it has destroyed me inside and I can only speculate what it has done to my son. I have not been allowed to contact him in over 4 years. Please, I do need help...:'(
A Support and Advocacy blog for Protective Parents and innocent Children harmed by wrongdoing under the color of law, the Family Law and CPS Industries. We investigate where the media can't or won't go.
DeleteThe people "have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good." In Keeping with the Constitution, Blind Bulldog is committed to serving the common good in Shasta County.
The following, brilliant take is from a Blind Bulldog affiliate from Southern Cal:
"The untethered aggression of family courts is due to a vacuum of institutional client advocacy--unlike criminal courts, which have firmly-established constitutional rights, strict state and federal oversight of state court judges, and a dedicated “criminal defense bar” to thwart government aggression, or civil courts that have “plaintiffs'” and “defense” bars to balance one another’s private agendas, family court has no “litigant bar.” The divorce attorneys themselves favor aggression for the simple reason identified in the movie--follow the money. Attorneys have not filled that vacuum to defend their own clients, leaving them vulnerable to the natural tendency of government to intrude. Family court litigants are, sad to say, woefully unaware of what they’re up against, and the body count shows results that are entirely predictable--but we think preventable.
Family court was created by lawyers and judges--literally--rather than the citizens it should be protecting. We’ve located the history through testimony and other documentation showing something like a Jekyll Island series of “off the record” meetings between California judges, attorneys, and bureaucrats in the 90’s to “set up” family court to their liking, then seeking what became essentially a rubber stamp granting unheard of discretion from the California legislature. This system is now unfortunately the model or trend for many states--hence our nationwide membership and approach. Citizens had virtually no input and maintain no control.
Federal courts have observed unusually broad adaptations of “federalism,” “comity,” “standing,” and “abstention” legal doctrines to leave the vacuum unoccupied by otherwise ordinary protections of federal rights for individual citizens and legal consumers. Litigants themselves are outmatched in organization--they’re a revolving door commodity. No one wants to stick around long enough to enforce reform. Hence rampant abuse in a lop-sided system of foxes guarding the henhouse, and you and I are on the ever-expanding menu."
“There are subtle ways and overt ways of alienating a child from a parent, but either way it’s evil”
DeleteI'm going through this now. I hadn't been able to contact her for nine months,they kept me from her and it has only been she and I for years since my divorce. They have manipulated her, turned her against me, and now she is full of anger. She has been EXPLOITED and believes what they are saying. May God have mercy on their souls!
ReplyDeleteLet me add to that comment, this is a THIRD PARTY WHO HAS TAKEN our child ILLEGALLY by providing FALSE INFORMATION to the court! They have kept our daughter from BOTH PARENTS!!!
ReplyDeleteFlorida Judge and Lawyer Complaints
DeleteHow to file complaints against Florida Family Law Judges and Family Law Lawyers?
Each State has its own procedures for filing complaints against Judges. All states require a written and signed complaint. Some states have a form for you to fill out. Other States request a letter. Grievances of misconduct usually concern issues of conflict of interest or impartiality. Adverse rulings or judgments are not considered legitimate grievances. You must support the complaint to the JQC about the Florida Family Law Judge with sufficient documentation.
Florida Family Law Judge Complaints
Write to the Florida Judicial Qualifications Committee.
http://www.floridasupremecourt.org
Florida Family Law Judicial Complaint
Mailing Address
Judicial Qualifications Committee (JQC)
1110 Thomasville Road
Tallahassee, FL 32303
Telephone
850-488-1581
All states maintain an agency to process lawyer complaints. These disciplinary counsels can usually be found as a department of the state bar association or as a branch of the state Supreme Court. Complaints in Florida can be filed by filling out a form supplied by the disciplinary counsel or by writing a letter to The Florida Bar.
Florida Family Law Lawyer Complaints
The Florida Bar handles complaints about family law lawyers in Florida.
Mailing Address
The Florida Bar
651 E. Jefferson Street
Tallahassee, FL 32399-2300
Telephone
850-561-5600
Children Held Hostage - http://childrenheldhostage.blogspot.com/?zx=1b4af2f7412f40db
ReplyDeleteThis Blog is for the purpose of looking into the lives of Children Held Hostage by Parental Alienation Syndrome (PAS) by the hands of their parents, with the help of family members and others that unknowingly get sucked into contributing to this hate crime. Using my own experiences I will use this Blog as an avenue to bring awareness to those that may have the ability to help our children and to encourage those who care to have courage to speak out to bring about change.
Child(ren) Held Hostage
I hope this Blog will prove helpful in the recognition and useful in deterrence of Parental Alienation.
I will undoubtedly be using this blog in part as a therapeutic venue. It will also be used as a communication portal to my children though they may never view it.
"Parental Alienation is about parents who place their own selfish needs above those of their defenseless children and in doing so, they deny them their right to love and be loved by both parents. Alienators do not fit the stereotype of the deficient and ill-equipment parent. Instead, these parents are generally articulate, resourceful, and competent in all other aspects of their lives – except in the realm of parenting. In fact, these individuals might easily be mistaken for ideal parents, except to the properly informed, because they profess love and concern for their children. What sets these individuals apart from other dysfunctional parents is their overwhelming commitment to meeting their own needs first. In doing so, they destroy the relationship their children have with the other parent – at whatever cost. ” Dr. Reena Sommer - Internationally Recognized Divorce and Custody Consultant
Alienation is a verifiable Psychiatric condition –
ReplyDeleteThe new Diagnostic and Statistical Manual (DSM 5) helps our children!
Dr. Bill Bernet, lead a group of interested professionals in encouraging the DSM 5 editing group to include Parental Alienation Disorder. The new DSM % was published on May 18, 2013 and is the reference book for psychiatrists, psychologists and other mental health providers Here is Dr. Bernet's unedited analysis of the result.
Finally, DSM-5 was published today. The DSM-5 Task Force told us 2 or 3 years ago that they did not want parental alienation to be a separate diagnosis in DSM-5, but they thought that parental alienation could be considered an example of other diagnoses that are in DSM-5.
The actual words "parental alienation" are not in DSM-5, but there are several diagnoses that can be used in these cases. I would say the "spirit" of parental alienation is in DSM-5, even if the words are not.
Parent-child relational problem now has a discussion in DSM-5, not just a label. The discussion explains that cognitive problems in parent-child relational problem "may include negative attributions of the other's intentions, hostility toward or scapegoating of the other, and unwarranted feelings of estrangement." That is a pretty good description of a child's view of the alienated parent, although it is an unfortunate use of the word "estrangement."
Child psychological abuse is a new diagnosis in DSM-5. It is defined as "nonaccidental verbal or symbolic acts by a child's parent or caregiver that result, or have reasonable potential to result, in significant psychological harm to the child." In many instances, the behavior of the alienating parent constitutes child psychological abuse.
Child affected by parental relationship distress is another new diagnosis in DSM-5. It should be used "when the focus of clinical attention if the negative effects of parental relationship discord (e.g., high levels of conflict, distress, or disparagement) on a child in the family, including effects on the child's mental or other physical disorders." That is also a good description of how parental alienation comes about.
Factitious disorder imposed on another is the DSM-5 terminology for factitious disorder by proxy or Munchausen disorder by proxy. Its definition is "falsification of physical or psychological signs or symptoms, or induction of injury or disease, in another, associated with identified deception." In some cases, that would describe the behavior of the alienating parent.
Delusional symptoms in partner of individual with delusional disorder is the DSM-5 terminology for shared psychotic disorder or folie a deux. The definition is: "In the context of a relationship, the delusional material from the dominant partner provides content for delusional belief by the individual who may not otherwise entirely meet criteria for delusional disorder."
In discussing this topic, I would say that the concept of parental alienation is clearly in DSM-5, although the actual words are not. This is a great improvement over DSM-IV-TR, especially with the addition of the new diagnoses, child psychological abuse and child affected by parental relationship distress.
HOW DID CHILDREN OF DIVORCE GET STUCK WITH THE VISITATION PLAN THAT AFFORDS THEM ACCESS TO THEIR NON-RESIDENTIAL PARENT ONLY ONE NIGHT DURING THE WEEK AND EVERY OTHER WEEK-END?
DeleteWhat is the research that supports such a schedule? Where is the data that confirms that such a plan is in the best interest of the child?
Well, reader, you can spend your time from now until eternity researching the literature, and YOU WILL NOT DISCOVER ANY SUPPORTING DATA for the typical visitation arrangement with the non-residential parent! The reality is that this arrangement is based solely on custom. And just like the short story, "The Lottery," in which the prizewinner is stoned to death, the message is that deeds and judgments are frequently arrived at based on nothing more than habit, fantasy, prejudice, and yes, on "junk science."
This family therapist upholds the importance of both parents playing an active and substantial role in their children's lives----especially in situations when the parents are apart. In order to support the goal for each parent to provide a meaningfully and considerable involvement in the lives of their children, I affirm that the resolution to custody requires an arrangement for joint legal custody and physical custody that maximizes the time with the non-residential----with the optimal arrangement being 50-50, whenever practical. It is my professional opinion that the customary visitation arrangement for non-residential parents to visit every other weekend and one night during the week is not sufficient to maintain a consequential relationship with their children. Although I have heard matrimonial attorneys, children's attorneys, and judges assert that the child needs the consistency of the same residence, I deem this assumption to be nonsense. I cannot be convinced that the consistency with one's bed trumps consistency with a parent!
Should the reader question how such an arrangement can be judiciously implemented which maximizes the child's time---even in a 50-50 arrangement----with the non-residential parent, I direct the reader to the book, Mom's House, Dads House, by the Isolina Ricci, PhD.
Indeed, the research that we do have supports the serious consequences to children when the father, who is generally the non-residential parent, does not play a meaningful role in lives of his children. The book, Fatherneed, (2000) by Dr. Kyle Pruitt, summarizes the research at Yale University about the importance of fathers to their children. And another post on this page summarizes an extensive list of other research.
Children of divorce or separation of their parents previously had each parent 100% of the time and obviously cannot have the same arrangement subsequent to their parents' separation. But it makes no sense to this family therapist that the result of parental separation is that the child is accorded only 20% time with one parent and 80% with the other. What rational person could possibly justify this?
I am in the midst of a divorce and my wife has alienated me from my daughter for over 6 months now. My wife manipulated and misused the system to file false allegations of sexual abuse on her and on my daughter. I have no communication with my daughter. The DV protection order was dismissed with prejudice and the CPS closed the case as Unfounded. The case is now in Family Court. What can I do and how can I get custody of my daughter? email: raporeilly@yahoo.com
ReplyDeleteMost of what you state is astonishingly legitimate and that makes me ponder the reason why I had not looked
ReplyDeleteat this with this light previously. This article truly did switch the light on
for me as far as this issue goes. Nonetheless there is actually one issue I
am not too comfy with and whilst I attempt to reconcile that with the main theme of
the point, allow me see just what all the rest of your subscribers have to
point out.Nicely done.
My website: Cameron
It's human nature to seek out a partner in life, and to possibly marry and have children. Unfortunately the matrimonial establishment, as we are all aware, is being methodically torn down by a demoralized society. Sadly the divorce rate is still on the rise and the foundation of marriage is being devalued and is crumbling. As adults we learn to adapt and move on when divorce attacks our lives but for children this is another story. They are the real victims of divorce and unfortunately they will suffer dearly from our selfishness and in most cases follow the same path of destruction if not worse.
ReplyDeleteAs a nation we have been granted certain civil rights by our constitution. Through the years it has been amended to better the lives of many Americans. The two most notable changes have come to Women in the 1920s and with African Americans in the 1960s. These rights were long overdue for both segments of our nation but thankfully we realized our mistakes and corrected them. This was not an easy journey for either of these crusades but through dedication and perseverance the bells of liberty rang loudly and victory was achieved.
Unfortunately we have reached yet another fork in the road and with that comes another challenge to the American people. "We've worked hard for women's rights, but we have to watch out that the pendulum doesn't swing the other way" says Ruthie J. of the Reach FM. Ironically the pendulum has already swung far to one side and this time the male gender is being demonized by erroneous and fraudulent information. Males are being portrayed as callus, uncaring, and without emotion. We are being taught that men represent 95% of abuse in this nation against women. These and many other false statistics are being recklessly strewn throughout society and none of it is true. Yes, women are being abused by men that is a fact. striking a woman is abhorrent to the highest degree and should be dealt with appropriately but men are abused at an equal rate and they are being ignored. According to a study by the Center for Disease Control men represent 38% of domestic violence related injuries. Compound that with the fact that only 0.9% of men report abuse verses 8.5% of women and I think we have a pretty equal degree of violence between partners.
The cornerstone of this "abuse" is VAWA the Violence Against Women Act. It was passed into law by Bill Clinton in 1994 and has been extended by every subsequent President. This law funnels Billions of dollars into discriminatory education and propaganda that violates men's civil rights. Many times DVIs or Domestic Violence Injunctions are used as a tool in divorce, child custody or just vengeance against a partner, most often against males. This is because the system of acquiring a DVI is simple and requires no evidence, witnesses or prior police reports. Just the word of an alleged victim making a claim of abuse. The repercussions of these orders are devastating and many times result in a violation, arrest and complete destruction of one's life. Even in cases when they are dismissed, a serious blemish remains on the falsely accused forever; how does that look to potential employers who almost always perform background checks prior to employment? This must be stopped and a better system of protecting all victims of domestic violence should be put in place.
I hope to help bring awareness to gender discrimination and help provide support for men who are abused. There are programs to help women of abuse but nothing for men. My website will provide more information on the facts, my personal experiences and the stories of those who have been victims of this heinous tactic of relationship vengeance. Men and women should truly have equal rights and currently the scales are unjustly tilted. Let's work together to end domestic violence and not vilify one gender as inherently abusive. "United we stand, divided we fall" A powerful statement that we must never forget.
Thank you,
Tom Lemons
Founder, www.falsedvireports.com
PRO SE RIGHTS:
ReplyDeleteBrotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.
Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.
Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."
NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."
Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."
Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).
Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."
Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."
Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."
Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."
"CHILDREN OF DIVORCE DESERVE FULL ACCESS TO BOTH PARENTS, WHENEVER POSSIBLE."
ReplyDeletePersonally, I can’t find anyone willing to reject that statement publicly. It’s a fundamental truth. We now have a wealth of evidence demonstrating children are better off, in most situations, when they have something near equal time with each parent. So why are shared-parenting bills are being rejected throughout the country?
Do legislators believe mothers are more important to children than fathers? For the most part, I don’t think so. Politicians are, however, under quite a bit of pressure from some very powerful anti-shared parenting special interests. Recently, we’ve seen these opponents contribute to shared-parenting bills failing to pass in South Dakota and Minnesota.
Some would argue disappointments like those are clear signs that shared parenting legislation will not happen anytime soon. The opposite is true. The near victories in these states and others is an enormous indication politicians are beginning to understand the vast majority of American citizens believe children of divorce deserve equal access to both parents, whenever possible.
In fact, South Dakota’s bill lost in a 21-13 Senate vote. That’s a swing of 5 senators. If merely 5 senators felt more pressure from South Dakotans than they did from special interests, South Dakota would have a shared parenting statute. We should commend the remaining politicians in South Dakota’s Senate for doing the right thing.
In Minnesota … well, Minnesota is a travesty. That bill passed, and on May 24, 2012 Governor Mark Dayton vetoed it. Governor Dayton claimed that both sides made “compelling arguments,” but because the “ramifications” of the legislation were “uncertain,” he decided to single-handedly overrule the will of his constituents and their representatives. Mr. Governor, unless you are ending slavery or beginning women’s suffrage, you will likely never have the benefit of “certainty” in your political career. Again, we should praise the Minnesotan politicians who voted for the bill.
Six people. Six people stopped two states from enacting shared parenting. Six people do not indicate shared parenting is a distant hope – they indicate profoundly that it is an imminent inevitability.
Mike Haskell is a divorced dad, shared parenting supporter and practicing family law attorney in Grand Rapids, Michigan.
ACFC is America's Shared Parenting Organization
"CHILDREN NEED BOTH PARENTS"
The members of the American Coalition for Fathers and Children dedicate ourselves to the creation of a family law system and public awareness which promotes equal rights for ALL parties affected by issues of the modern family.
ACFC is challenging the current system of American family law and policy. Through a national system of local affiliates and in alliance with other pro-family and civil liberties groups, ACFC is shifting the public debate to the real causes of family dissolution.
Hey Bio-Mom,
ReplyDeleteI see you have found our little club here and you've decided to troll around for a bit. I first would like to say "welcome" on behalf of the men and women who suffer daily inside and outside these pages. We are glad you are here.
Feel free to take your time and peruse the stories of men and women who have lost everything. Take in the agony and the pain, read the horror stories of men who havn't seen their children in 6 weeks, 6 months or 6 years. You will notice that all the stories share a familiar tone. The pain is real. The disbelief is palpable. The constant barrage of men ready to give up is unfortunately true. They may give up and stop fighting vindictive exes for their children and just move on, only to be later called a deadbeat loser from the same woman that deprived him of his children. They may give up and eat a bullet, jump from a bridge or tie a noose around their neck and say their final goodbye. You win, they lose. You are now an accessory to murder.
Stick around and look at the pictures of the children that are left behind. These are the other victims. The victims without a voice in all of this. Had they had a choice they would almost always choose to have a loving caring father by their side. You deprive them of that. Not only do you assist in the murdering of fathers, but you're also a child abuser. Congratulations.
Be sure to keep coming back to our little club here. Make jokes about how we are all domestic abusers who feel we have some ghastly privilege of fathering our children. Keep your kids close to you, be sure you cash that child support check and keep the children from Daddy if he misses a payment. It's only a fair punishment for him. Make him suffer. Make him hurt so bad he stays awake at night crying because he misses his kids so badly. Make him out to be the deadbeat you just know he is. Make his feel the depths of depression and despair by keeping his kids from him. Threaten to have him arrested and thrown in jail for inability to pay child support. You're cruising now bio-mom. You show them who is boss. Don't allow him to talk to his kids on the phone. Don't allow him to have one extra minute of "visitation". Marginalize him and make him feel what a scumbag he truly is. Don't tell him of your children's accomplishment or how they are doing in school. Keep any and all medical records from him. Keep him guessing who is with his children and where they are living. Keep doing what you are doing bio-mom. Now we all know who the boss is. It was never the judges or lawyers who caused all this. It was you.
Now look down at your children and realize everything you have done to your ex has also been done to them.
See, you are a child abuser after all.
Sleep tight,
Joe Makem