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Introducing The Foundation for the Child Victims of the Family Courts Radio Show

The Foundation for the Child Victims of the Family Court Radio Show

Introducing The Foundation for the Child Victims of the Family Courts Radio Show

Call in Number 310-861-2349

8AM PST Sunday 20 September 2015

Family Court Judge Manno-Schurr Unjustly Denies Contact to Un-Wed Bio-Dad.

Is the Horror of False Accusation More Urgent and Credible when Harvard Law Prof Alan Dershowitz Describes It?

Reblogged on WordPress.com Source: Is the…

CIVIL RIGHTS IN FAMILY LAW FLORIDAAbout False accusation

False accusations (or groundless accusations or unfounded accusations or false allegations or false claims) can be in any of the following contexts:

Informally in everyday life.
Quasi-judicially
Judicially.

Types

When there is insufficient supporting evidence to determine whether an accusation is true or false, it is described as "unsubstantiated" or "unfounded". Accusations that are determined to be false based on corroborating evidence can be divided into three categories:

An allegation that is completely false in that the events that were alleged did not occur;
An allegation that describes events that did occur, but were perpetrated by an individual who is not accused, and in which the accused person is innocent.
An allegation that is partially true and partially false, in that it mixes descriptions of events that actually happened with other events that did not occur.

A false allegation can occur as the result of intentional lying on the part of the accuser; or unintentionally, due to a confabulation, either arising spontaneously due to mental illness or resulting from deliberate or accidental suggestive questioning, or faulty interviewing techniques. Researchers Poole and Lindsay suggested in 1997 applying separate labels to the two concepts, proposing the term "false allegations" be used specifically when the accuser is aware they are lying, and "false suspicions" for the wider range of false accusations in which suggestive questioning may have been involved.

Rape

Main article: False accusation of rape

The statistics on false accusations of rape vary widely, from 2% to Eugene Kanin's (1994) figure of 41%, which derived from a case study of a police agency in a metropolitan city in the Midwest. John Bancroft states that a search of the literature on false rape reports reveals that Kanin's figure of 41% false rape reports is regarded as unusually high. FBI statistics for the annual rate of false reporting of forcible assault across the country have been a consistent 8%. A study from the UK found that of the approximately 14,500 cases of rape reported in 2005/2006 9% were classified as false allegations.

Child abuse

Main article: False accusations of child sexual abuse

A false allegation of child sexual abuse is an accusation that a person committed one or more acts of child sexual abuse when in reality there was no perpetration of abuse by the accused person as alleged. Such accusations can be brought by the victim, or by another person on the alleged victim's behalf. Studies of child abuse allegations suggest that the overall rate of false accusation is under 10%, as approximated based on multiple studies. Of the allegations determined to be false, only a small portion originated with the child, the studies showed; most false allegations originated with an adult bringing the accusations on behalf of a child, and of those, a large majority occurred in the context of divorce and child-custody battles.

Workplace bullying

Main article: Workplace bullying

Research by the Workplace Bullying Institute, suggests that "falsely accused someone of 'errors' not actually made" is the most common of all bullying tactics experienced, in 71 percent of cases.

Workplace mobbing

Main article: Workplace mobbing

Workplace mobbing can be considered as a "virus" or a "cancer" that spreads throughout the workplace viagossip, rumour and unfounded accusations.

Münchausen syndrome by proxy

Main article: Münchausen syndrome by proxy

The case has been made that diagnoses of Münchausen syndrome by proxy, that is harming someone else to get attention for yourself, are often false or highly questionable.

Stalking

Main article: False claims of stalking, gang stalking and delusions of persecution

In 1999, Pathe, Mullen and Purcell wrote that popular interest in stalking was promoting false claims. In 2004, Sheridan and Blaauw said that they estimated that 11.5% of claims in a sample of 357 reported claims of stalking were false.

Narcissistic rage

Main article: Narcissistic rage

Rage by a narcissist is directed towards the person that they feel has slighted them. This rage impairs their cognition, therefore impairing their judgment. During the rage, they are prone to shouting, fact distortion and making groundless accusations.

Psychological projection

Main article: Psychological projection

Psychological projection can be established as a means of obtaining or justifying certain actions that would normally be found atrocious or heinous. This often means projecting false accusations, information, etc., onto an individual for the sole purpose of maintaining a self-created illusion.

References

^ Ney, T (1995). True and False Allegations of Child Sexual Abuse: Assessment and Case Management. Psychology Press. pp. 23–33. ISBN 0-87630-758-6.
^ Mikkelsen EJ, Gutheil TG, Emens M (October 1992). "False sexual-abuse allegations by children and adolescents: contextual factors and clinical subtypes". Am J Psychother 46 (4): 556–70. PMID 1443285.
^ Maggie Bruck; Ceci, Stephen J (1995). Jeopardy in the Courtroom. Amer Psychological Assn. ISBN 1-55798-282-1.
^ Irving B. Weiner; Donald K. Freedheim (2003). Handbook of Psychology. John Wiley and Sons. pp. 438. ISBN 0-471-17669-9.
^ Sexual development in childhood By John Bancroft
^ Cybulska B (July 2007). "Sexual assault: key issues". J R Soc Med 100 (7): 321–4.doi:10.1258/jrsm.100.7.321. PMC 1905867. PMID 17606752.
^ Hobbs, CJ; Hanks HGI; Wynne JM (1999). Child Abuse and Neglect: A Clinician's Handbook. Elsevier Health Sciences. pp. 197. ISBN 0-443-05896-2.
^ Schetky, DH; Green AH (1988). Child Sexual Abuse: A Handbook for Health Care and Legal Professionals. Psychology Press. pp. 105. ISBN 0-87630-495-1.
^ Bolen, RM (2001). Child Sexual Abuse: Its Scope and Our Failure. Springer. pp. 109. ISBN 0-306-46576-0.
^ Robin, M (1991). Assessing Child Maltreatment Reports: The Problem of False Allegations. Haworth Press. pp. 21–24. ISBN 0-86656-931-6.
^ Top 25 workplace bullying tactics - Workplace Bullying Institute
^ Shallcross, L, Ramsay, S, & Barker M, (2008)
^ Dr Helen Hayward-Brown False and Highly Questionable Allegations of Münchausen syndrome by proxy - presented to the 7th Australasian Child Abuse and Neglect Conference in Perth 1999
^ M Pathe, PE Mullen, R Purcell; Stalking: false claims of victimisation; British Journal of Psychiatry 174: 170-172 (1999)[1]
^ L. P. Sheridan, E. Blaauw; Characteristics of False Stalking Reports; Criminal Justice and Behavior, Vol. 31, No. 1, 55-72 (2004) doi:10.1177/0093854803259235 [2]
^ Thomas D Narcissism: Behind the Mask (2010)
^ R. Appignanesi ed., Introducing Melanie Klein (Cambridge 2006) p. 115 and p. 126

by Judge Manno-Schurr

Inguanzo vs. Rose

2008-29595 FC 17

Perdi a Papa en el Divorcio

Todo niño supone llegar al mundo fruto del amor de un hombre y una mujer. Pero sabemos que son muchas las circunstancias que impiden que todos puedan gozar de la presencia del padre.

Algunas de ellas, como la muerte, serán inevitables, pero existen otras, ser madre soltera, haber experimentado una violación, una enfermedad, un viaje o una jornada laboral que no permite poder ver a los niños despiertos también provocan este sentimiento de ausencia en el pequeño, pero también existen casos en que la ausencia no es física, sino que el padre no se ocupa de los hijos o los hijos manipulados por la madre no permite que estén en contacto.

False allegations of abuse are grounds for losing timesharing.

Court says: Grandparents' false allegations of abuse grounds for losing visitation

CHARLESTON – The state Supreme Court has ruled a family court judge erred in not terminating an Elkview couple's visitation rights with their grandson after they falsely accused his adoptive father of abusing him.

The Court on April 14 overruled a decision by Kanawha Family Law Judge Mike Kelly denying a petition filed by Warren Lee and Melissa Arnold to terminate visitation by Melissa's former in-laws, Robin and Janet Lyons, with her son, Jon. In an unanimous memorandum opinion, the Court said the Lyons' attempt to not only halt Warren's adoption of Jon, but also coaching Jon to say Warren abused him was more than sufficient grounds for Kelly to grant the Arnold's petition.

"While a best interests analysis will necessarily include an assessment of the bond and the relationship developed between the child and the grandparents," the Court said, "we disagree with the lower court's determination that the relationship between Jon and his grandparents is of a beneficial nature to Jon under the circumstances present here."

"The particular facts of this case, including the vicious nature of the grandparents' actions to forestall Jon's adoption proceedings, as well as their baseless pursuit of abuse allegations against Jon's adoptive father, illustrate a relationship in constant conflict with that of Jon's parents."

Rocky relationship

According to court records, Melissa was married to the Lyons' son, Jonathon, until 2000. Shortly after their divorce, Jonathon died in a car wreck.

Following her marriage to Warren in 2003, she moved with Jon to Spencer. Two years later, Warren, despite the Lyons' objections, successfully petitioned to adopt Jon.

Prior to Melissa's marriage to Warren, records show she agreed to allow Jon to visit the Lyons. The visitation included at least one overnight stay a month, four hours on Thanksgiving Day and nine hours on Christmas Eve and Dec. 26.

Warren's adoption of Jon became a source of friction between the Arnolds and the Lyons to the point where the Lyons accused him of severely bruising Jon with a belt buckle. Records show Warren was arrested on Dec. 20, 2007, and charged by State Police with felony child abuse.

Three days later, Robin Lyons filed a domestic violence protective order on Jon's behalf against Warren. Records show Kelly granted the order on Jan. 2, 2008, which barred Warren from having any contact with Jon for 90 days.

The same day Kanawha Family Law Judge Jane Charnock Smallridge granted a writ of habeas corpus Melissa filed for Jon's return from the Lyons' custody. Due to the protective order, Warren had to live elsewhere until April 2008.

A month later the child abuse charge was dropped at the request of Roane County Prosecutor Mark Sergent. In his motion for dismissal, Sergent said, "Further investigation and disclosures revealed the charge is likely baseless."

Following his return to Melissa's custody, records show Jon was interviewed by Dr. Timothy Saar, a Charleston psychologist. In the report he issued in July 2008, Saar found that not only did Jon's bruise come from vigorously playing air hockey at a friend's house, but the Lyons also "forced him to lie to the police and report that his father had hit him."

"Jon was coached by his grandparents into accusing his father of abusing him," Saar concluded in his report. "The manipulation of this cognitively impaired child by his grandparents should be considered emotional abuse and should call into question the [grandparents'] ability to care for this child."

Reversal

Armed with this information, the Arnolds on Dec. 5, 2008, petitioned Kelly to terminate the Lyons' visitation rights. In the course of two hearings, he took testimony from Ashley Hunt, one of Saar's interns, and Charleston attorney Jeff Woods, who was appointed as Jon's guardian ad litem, that based on their interviews with Jon it would not be a good idea for him to stop visiting the Lyons.

Despite also hearing from Saar during one of the hearings, who stood by his assessment that the Lyons' attempt to alienate Jon from Warren was psychologically damaging, Kelly concurred with Hunt's and Woods' recommendation "it would not be in Jon's best interest to terminate his time with his paternal grandparents" and denied the Arnold's petition on Nov. 13, 2009. Records show an appeal they filed of Kelly's decision to Kanawha Circuit Court was upheld by Judge Tod J. Kaufman on Dec. 16, 2009.

In reversing Kelly's decision, the Court said "while it is undisputed that Jon loves his grandparents and that he enjoys his time with them," their interference with the Arnold's parental decisions has created a toxic relationship between them. Because of that, the Court determined Jon's interests are best served by the Lyons forfeiting future visitation with him.

"The family court found," the Court said, "and the circuit court affirmed, 'as fact that it would not be in Jon's best interest to terminate his time with his paternal grandparents.' We find this assertion to be clearly wrong in light of the testimony of Dr. Saar, and in light of the visitation's interference with the parent-child relationship."

"It is clear that Dr. Saar testified that it was in the best interests of Jon to terminate his visitation with his grandparents and that nothing had happened to change his initial conclusions," the Court added. "We agree with Dr. Saar that such an environment is psychologically damaging to Jon and, therefore, it is in Jon's best interests to terminate grandparent visitation."

In the appeal, the Arnolds were represented by Charleston attorney Dennis R. Bailey, and the Lyons by Charles L. "Dusty" Phalen Jr., also of Charleston, and a former family lawmaster.

West Virginia Supreme Court of Appeals case number 35679

Fathers are as crucial to a child’s well being as a mother

False Allegations Can Terminate Rights

For reasons I’ve never understood, courts have always been loath to punish these exercises in blatant perjury. Well, now they don’t have to. Simple recognition that false allegations that tend to separate a child from a loving and fit parent themselves constitute a form of child abuse will go a long way toward better custody decisions and in the end fewer false allegations of abuse.

Posted by Children's Rights on Tuesday, October 13, 2015

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