Showing posts with label Parenting time. Show all posts
Showing posts with label Parenting time. Show all posts

Wednesday

2017 International Year of Co-Parenting

After the International Year of the Family in 1994 to remind us that the family is the basic unit of society and therefore deserves special attention,
Following the resolution adopted by the UN General Assembly entitled "A world fit for children" (S-27/2, 6 May 2002) which recognizes the shared responsibility of parents in the education and upbringing of their children, and the importance of making every effort to ensure that fathers have the opportunity to participate in the lives of their children,
In noting a transformation of family patterns in recent decades characterized among other things by an increase in the number of separated families and therefore the risk of disengagement of a parent,
we ask for :
An international year to increase the awareness of the general public and all the elected officials in every nation on the equal importance of the roles of both parents – be they together, separated or divorced – in the upbringing of their child(ren).
A year to create opportunities and find solutions to promote and above all value the commitment of each parent to their children); a year to focus on action and results, by the exchange of good practices.
A year to rethink greater equity (particularly in parenting time) between the two parents in case of separation / divorce in the best interest of the child.
A year to recognize the prime role of each parent and celebrate the commitment of both parents towards their (s) child (ren).
A year to remember that each child has two unique parents - father and mother – with the same rights and responsibilities to provide the best possible living conditions, to give him/her affection, assistance and protection, education, to encourage the development of his/her personality, to transmit values.
In this perspective, regardless of political allegiances, social or religious beliefs, father, mother, grandmother or grandfather, or just a citizen committed to human rights, we ask the General Assembly of the United Nations to declare 2017 : International Year of co-parenting.

Important !

Sunday

Child custody and time-sharing; the relationship continues

Who is going to have custody of children when the couple separate or divorce? This decision has to be made along with, how the children will be taken care of and the visitation, the how of each parent spending time with the children. Relationships cause connectedness and there are orders to abide by. There are two types of custody orders.

There is Legal custody. The parent who has the custody will be important decision maker about the child’s health care, doctor, dentist, orthodontist, psychiatric, mental health counseling, therapy,educationreligious activities or institutions, welfare, school, childcare, sports, summer camp, vacation, or extracurricular activitiestravel, and place of residence.

There is also physical custody, ordering with whom the child will live. In joint custody the child can live with both. Under sole or primary custody the child will live with one parent much of the time and visits the other parent usually. There are cases of judges allowing parents joint legal custody and not joint physical custody, both parents share the responsibility in important decision making and the child lives with one parent and the other receives visitation right.

There is visitation plan to prevent and reduce confusion, anger and further conflict. Under supervised visitation, when the child's safety and well-being is at issue or if the child and the other parent would need gradual exposure, it is supervised by custodial parent, an adult, a professional agency or a mental health counselor. There is also a “no visitation” rule about that, even if with supervision, physical and/or emotional welfare of the child can be jeopardized. When visitation, custody or time share plan is drawn the above issues are clarified.
There are visitation guidelines, also known as time-share. Here a plan is set about how the both parents will share the time with the children. Either one (sole custody) or both parents (called shared custody) can have custody. Under normal circumstances, the judge consorts about arrangements with the parents and reaches a final decision about custody and visitation. If there is disagreement between the parents the judge will make that decision at a hearing. There is usually a mediator about custody and visitation. The family court services provide the mediator for the parents to reconcile.

Custody and visitation is decided considering the best interest of the child’s health, safety and wellbeing. Here history of abuse by either or both parents is considered.

Friday

2016 International Year of Co-Parenting

After the International Year of the Family in 1994 to remind us that the family is the basic unit of society and therefore deserves special attention,
Following the resolution adopted by the UN General Assembly entitled "A world fit for children" (S-27/2, 6 May 2002) which recognizes the shared responsibility of parents in the education and upbringing of their children, and the importance of making every effort to ensure that fathers have the opportunity to participate in the lives of their children,
In noting a transformation of family patterns in recent decades characterized among other things by an increase in the number of separated families and therefore the risk of disengagement of a parent,
we ask for :
An international year to increase the awareness of the general public and all the elected officials in every nation on the equal importance of the roles of both parents – be they together, separated or divorced – in the upbringing of their child(ren).
A year to create opportunities and find solutions to promote and above all value the commitment of each parent to their children); a year to focus on action and results, by the exchange of good practices.
A year to rethink greater equity (particularly in parenting time) between the two parents in case of separation / divorce in the best interest of the child.
A year to recognize the prime role of each parent and celebrate the commitment of both parents towards their (s) child (ren).
A year to remember that each child has two unique parents - father and mother – with the same rights and responsibilities to provide the best possible living conditions, to give him/her affection, assistance and protection, education, to encourage the development of his/her personality, to transmit values.
In this perspective, regardless of political allegiances, social or religious beliefs, father, mother, grandmother or grandfather, or just a citizen committed to human rights, we ask the General Assembly of the United Nations to declare 2017 : International Year of co-parenting.

Important !

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Sunday

Family Court Ordered Psychological Evaluations

  • Confirmation bias: why psychiatrists stick to wrong preliminary diagnoses


  • Around 20 per cent of psychologists acting as expert witnesses for the family courts are not qualified, according to a Channel 4 News investigation broadcast tonight, writes producer Phil Carter.



  • Donald Tenn says 

    OK, OK, OK! That’s “3″ Okays for the “3″ people who sent me this story today. I am sharing the story but this is one of those stories that you just don’t share. THIS IS AN ACTION STORY! I mean how can you read this story and not do something? At the very least a letter must be written, there must be some additional attention to this case. 


    There are some stories that are just so outrageous that you can’t just simply share… you must take action!

    That being said, none of us should ever forget William Reddie of Michigan. If you don’t remember what happened to William Reddie and his child, what are we doing here? United we could accomplish so much that every government agency or their representatives would think twice before abusing another one of our children anywhere ever.

    Monday

    Interference with Parental Rights of Noncustodial Parent ~ Grounds for Modification of Child Custody

    .

    Interference with Parental Rights of Noncustodial Parent as Grounds for Modification of Child Custody

    by Edward B. Borris


    Introduction

    Interference by one parent in the relationship of a child and the other parent is almost never in the child's best interests. In fact, in extreme cases, actions by one parent to alienate the affections of the child from the other parent, to interfere win the other parent's visitation rights, or to remove the child to a distant state or country can often lead to liability in tort. See generally E. Borris, "Torts Arising Out of Interference with Custody and Visitation," 7 Divorce Litigation 192 (1995). Tort liability is not always an option, however, as many courts refuse to award damages based upon interference with visitation rights. E.g., Cosner v. Ridinger, 882 P.2d 1243 (Wyo.1994).

    A noncustodial parent is not always left without a remedy, however, simply because courts in that parent's jurisdiction refuse to recognize tort actions arising out of interference with his or her parental rights. This article discusses a different type of liability which may result from interference with the noncustodial parent's rights: loss of custody. The article will first discuss whether a party may generally obtain a change of custody based upon such interference. The article will then examine specific acts by a custodial parent which may cause a court to change custody, including denial of visitation rights, alienation of the child's affections away from the noncustodial parent, and removal of the child to a distant jurisdiction. The section on alienation of the child's affections includes a discussion of Parental Alienation Syndrome (PAS) and recent cases that have dealt with PAS. The article concludes with a suggestion of possible provisions that practitioners may insert in custody decrees in order to prevent future problems between custodial and noncustodial parents.

    Interference Amounting to a Substantial Change in Circumstances

    Most courts and experts agree that except in unusual cases it is most important for a child to have a strong relationship with both parents. Thus, courts will typically conclude that an award of custody to the parent who is most likely to foster a relationship between the child and the other parent is in the child's best interests. For this reason, if a custodial parent has demonstrated in the past a pattern of interference with the relationship between the child and the noncustodial parent, unless other facts dictate a different holding, courts will frequently conclude that a substantial change in circumstances justifying a change of custody has occurred.

    Not surprisingly, there is a long-standing tradition of awarding a change of custody where the custodial parent has interfered with the parental rights of the other parent. The Court of Appeals of Maryland clearly established this point in Berlin v. Berlin, 239 Md. 52, 210 A.2d 380 (1965). In Berlin, the parties entered into a written separation agreement. Pursuant to the agreement, incorporated into the court's order, custody of the children was awarded to the mother, and the father received reasonable visitation rights. In addition, the parties also agreed that the mother would notify the father if the mother moved out of the Washington metropolitan area. Subsequently, the mother began denying the father his right to visitation. For this reason, the father requested a change in custody. The trial court granted the father's request, and the mother appealed.

    Specific Acts of Interference Which May Cause a Court to Change Custody

    After a practitioner determines whether the relevant jurisdiction may award a change of custody based upon acts of interference with the noncustodial parent's rights, it must be determined which particular acts will justify such a change. The relevant authority indicates that three distinct fact patterns may justify a change. First, courts often award a change of custody if the custodial parent repeatedly interferes with the noncustodial parent's court- ordered visitation rights. Second, courts are inclined to award a change of custody if the custodial parent alienates the child's affections away from the noncustodial parent. Third, if the custodial parent removes the child to a distant jurisdiction without informing the noncustodial parent of the move, courts frequently order a change of custody. Each of these scenarios will be addressed in turn.

    Frustration of Visitation Rights

    The most common form of interference with parental rights which is remedied by courts occurs when custodial parents consistently refuse to turn children over to the noncustodial parents for court-ordered visitation. The fact that courts frequently order changes of custody in this circumstance is perfectly understandable, since court-ordered visitation is often the noncustodial parent's only connection to his or her children. If this visitation is frustrated, the child's best interests are clearly injured because the child will be completely deprived of a relationship with the noncustodial parent.
    What 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 atYale 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?









    We only support organizations who show an understanding that children need both parents, and that either parent is equally capable of the choice to perpetrate hate or declare peace.

    All were familiar with alienation and it's results. Everyone was not only gratified to see PAAO at the event, they all also acknowledged that PA is either a form of Domestic violence or on the continuum of Domestic Violence behaviors.

    ¿Que es la Custodia Compartida?



    Un Estado-niñera, controlador, interventor y protector - 26-4 PADRES ARGENTINOS AUTOCONVOCADOS - 26-4 Padres de parana por la custodia compartida Año 2013 - 26-4 ASSOCIATION - ROBERTO TERRILE - CONVOCATORIA PARA EL 26 DE ABRIL 2013 A LOS TRIBUNALES DE FAMILIA - 26-4, 2013 Padres de la Guarda - 26-4 DERECHOS DE LA NIĂ‘EZ Y ADOLESCENCIA, POLITICA DE ESTADO, YA! - Cibercampaña "vĂ­rica" de apoyo al 26-4 más enlaces al final de la entrada El 26 de Abril es el DĂ­a Internacional de la Igualdad Parental y la Corresponsabilidad Familiar. Por ello, el mejor... more »


    Wednesday

    Tort Remedies For Interference With Parenting Time (Visitation)

    Family court is the greatest fraud

    ever perpetrated on the American 

    Public.  Family Court / Family Law 

    is a made-up business of 

    consumer fraud and racketeering

    https://www.causes.com/campaigns/44310-bring-awareness-to-parental-alienation-in-family-court

    Divorce is rarely easy. Occasionally there will be a tale of couples who amicably splits their assets, share their children, and are successful in co-parenting and raising children who are psychologically sound and happy. They might even vacation together, or be friends. They might share holidays.

    What happens when that doesn’t happen — when the opposite occurs? Perhaps there is mental illness, substance abuse, unresolved anger, conflicting beliefs regarding ethics and religion, financial woes, and square in the middle are one or more little people. When divorce that involves child custody turns ugly, is that all there is to it? A divorce that just went very wrong, like the marriage before it?

    According to echo.net, clinical psychologist Dr. Craig Childress says it is a situation in which one parent consciously or subconsciously turns their shared children against the other parent, through various means of manipulation. It often involves the premise that one parent falsely accuses the other of abuse and indoctrinates the child into believing that abuse took place, whether it be mental, physical, sexual, or a combination. While there are true cases of abuse, and even times when either parent may have behaved in a way that was not appropriate, what is key is to look at the childrens’ behavior, says Dr. Childress.

    Eventually, children can become so indoctrinated and eager to please who they view as the “powerful parent,” they may start hating, harassing, or abusing the targeted parent themselves.

    What drives a parental alienator? Most commonly, some type of narcissistic personality features, says Dr. Childress. According to Dr. Childress, parents who indoctrinate children into alienating the other parent are linked to narcissist borderline pathogenic parenting.

    The symptoms of narcissism include: grandiosity, entitlement, absence of empathy, haughty, arrogant behavior and delusional belief systems. Although narcissistic personality disorder is listed in the DSM-5, which is considered to be the “Bible” of Psychiatric Disorders, so far Parental Alienation Disorder is not listed. Researchers expect that to soon change.

    The late author and child psychiatrist Richard A. Gardner coined the term Parental Alienation Syndrome more than 20 years ago. He characterized the breakdown of previously normal, healthy parent-child relationships during divorce and child custody cases. His definition of parental alienation is simple — one parent deliberately damages, and in many cases destroys, the previously healthy loving relationship between the child and the child’s other parent.

    This can be very difficult to prove, although it has been successfully used in the United States to win child custody cases, with custody going to the targeted parent. The reason it is difficult to prove is that one symptom is the child steadfastly refuses they are being indoctrinated by the other parent, and claims their hatred of the other parent is of their own will.

    Researcher Amy Baker says that parents who try to alienate their child from the other parent subtlety, or not so subtletly gives a three-part message to the child.

    Tort Remedies For Interference With Parenting Time (Visitation) | Parental Alienation Syndrome Awareness | causes.com

    Courts generally grant non-custodial parents reasonable Parenting Time rights so that they can maintain and develop their relationship with their children after the marriage has dissolved. The custodial parent, however, may interfere with the Parenting Time forcing the non-custodial parent to seek alternative ways to maintain the parent-child relationship. The traditional remedies are to seek a contempt order, modification of the custody decree, or withhold support payments. The new tort remedies are for intentional infliction of emotional distress and interference with Parenting Time.
    A. Traditional Remedies
    Traditionally, the following three options existed for the non-custodial parent whose Parenting Time rights have been violated: 1) institute an action for civil contempt; 2) seek a modification of the custody decree; 3) withhold child support. These options have proven inadequate for compelling the custodial parent to comply with a court-decreed Parenting Time schedule.
    1. Contempt Order
    The most familiar remedy used to prevent a violation of Parenting Time rights is to institute a contempt action to compel the parent acting wrongfully to comply with the court ordered Parenting Time schedule. While this is a relatively simple procedure, it does not always prove to be an effective deterrent of future violations and also will not compensate a parent for the injury already realized from the deprivation of their Parenting Time with the child.
    2. Modification of Custody Decree
    Another remedy that a non-custodial parent may use to prevent interference with child Parenting Time is to ask the court to modify the custody decree and grant them joint or sole custody of the children. Courts have been reluctant to modify custody decrees reasoning that the modification would disrupt the children’s lives and in effect punish them for the custodial parent’s wrongful conduct.
    3. Withholding Child Support
    When a custodial parent continuously prevents the non-custodial parent from exercising his Parenting Time rights, the Court may allow the non-custodial parent to withhold child support payments as a means of compelling the custodial parent to cooperate with the Parenting Time schedule. This is not the optimal remedy, however, and courts are reluctant to grant this remedy. The primary rationale for this reluctance is the existence of a potential catch-22 situation: child support is withheld because of Parenting Time violations, and Parenting Time is violated because child support is being withheld. The ultimate loser in this situation is the child(ren), therefore courts generally hold that Parenting Time rights are independent of child support payments.
    B. Tort Remedies
    The traditional alternatives available have been ineffective in preventing the recurrence of Parenting Time violations. Non-custodial parents therefore have turned tort theories to recover damages from the custodial parent and to accomplish uninterrupted Parenting Time. The current trend suggests that the threat of financial liability will discourage a custodial parent from interfering with Parenting Time rights.
    1. Intentional Infliction of Emotional Distress
    The first case to recognize a non-custodial parent’s cause of action based on the tort of intentional infliction of emotional distress was Sheltra V. Smith, 392 A. 2d 431 (Vt. 1978). In this case, the non-custodial parent brought suit for damages alleging that:
    “defendant willfully, maliciously, intentionally, and outrageously inflicted extreme mental suffering and acute mental distress on the plaintiff, by willfully, maliciously, and outrageously rendering it impossible for any personal contact or other communication to take place between the (plaintiff and child).”
    Id. at 433.
    The Superior Court, Caledonia County, dismissed the complaint for failure to state of cause of action on which relief could be granted. The Supreme Court of Vermont, however, found that the plaintiff stated a prima facie case for outrageous conduct causing severe...

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