The Constitution is DEAD in Family Court

The Constitution is DEAD in Family Court

And it has been dead for a long time.

In the summer of 1999, when I was utterly confused why I was in trouble with CPS, it occurred to me to search the internet to see if other people were having similar problems with Oregon CPS. 

That is how I found Will and Pamela Gaston's "A Voice for Children" website.  They had been heavily involved in court cases for several years.  I was absolutely SHOCKED at how lawless the Oregon courts were and the absolutely corrupt, insane decisions Gastons were getting. 

Obviously the Constitution did not apply, nor did any actual laws either.  CPS had a free hand to do whatever they wanted to.  The courts would contrive any shitty "decision" necessary to defend the Status Quo and keep the agencies operating at their full, evil capacity.  Everybody working in the system has a "get out of jail free" card.  Right or wrong has nothing to do with it. 

Watching how Pamela presented her cases to GET THE TRUTH ON THE RECORD was an extremely useful learning curve to me.

Along the line, it occurred to a bunch of us that we did not merely have a problem in our particular state- it was a nation-wide problem.

Not since the overthrow of the Weimar Republic have the leaders of a major democracy used their offices and the mass media to disseminate invective against millions of their own citizens. In fact it was Adolph Hitler who urged that “the state must declare the child to be the most precious treasure of the people” and who explained, in the words of Rabbi Daniel Lapin, that “as long as government is perceived as working for the benefit of children, the people happily will endure almost any curtailment of liberty.” Using children to tug on our heartstrings may be not only a weakness of the sentimental. It also may be a ploy by those cynical and unscrupulous enough to exploit children for their own purposes. This is likely to be remembered as one of the most diabolical perversions of governmental power in our history, a time when we allowed children to be used and abused by fast-talking government officials and paid for it with our families, our social order and our constitutional rights.-- STEPHEN BASKERVILLE (in about 2000)

Parental Alienation and the DSM-5 ~~ Courts vs. Kids ~~ Stop Family Court's Judicial Abuse

In contrast, Parental Alienation Syndrome (PAS) was concocted by Richard Gardner, based on no research, only his...
Posted by Denounce discredited parental alienation theory on Tuesday, September 8, 2015

"For those who are concerned about Parental Alienation Syndrome (PAS), two immeasurably significant points can be interpreted from the Scientific American article regarding the DSM-5." ~ Linda J. Gottlieb Kase, LMFT, LCSW-R is owner and founder of End Parental Alienation

Post by DSM-5: Diagnostic and Statistical Manual of Mental Disorders.

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.

Dr. Bernet is currently working with PAAO to present a webinar on this subject in the next 2 - 3 weeks. We will notify you of the details shortly.

This beautiful animation above was created especially for Bubbles of Love Day on behalf of Kids Aiding the PAAO (KAPAAO). 

Thank you to the very talented Bronwyn Coveney, from the United kingdom for volunteering her time and talent on behalf of children around the world. Bronwyn is the original visual creator of the PAAO and KAPAAO's,  Mascot Panda Abuzz. 

Memories of a Monster: A closer look at Parental Alienation
Using a storyline from an episode of Desperate Housewives, "Always in Control" (S08-Ep7), Joe Barrow walks us through the insidious brainwashing of a young daughter, Penny, by her mother, Lynette. When Lynette's ex-husband (Penny's father) begins dating a new woman and a relationship begins to flourish between the new girlfriend and their daughter, Penny, the mother is determined to drive a wedge between the loving relationship of her daughter has with her ex-husband, and the new girlfriend. Using a child as a pawn always has tragic consequences. The Parental Alienation tactics used and the manipulation by the mother mirrors the nightmarish reality that hundreds of thousands of parents and grandparents live through today. If you are dealing with this tragedy this mini -documentary will hit you, perhaps, too close to home. Watch in HD. Desperate Housewives is the property of Cherry Productions (Touchstone Television (2004-2007), ABC Studios (2007-2012), and DISNEY. No copyright infringement intended. This video may contain copyrighted material whose use has not been specifically authorized by the copyright owner. We are using this video to help raise awareness of Parental Alienation as a form of psychological child abuse. This video is not-for-profit use and for informational and educational purposes only and constitutes a 'fair use' of the copyrighted material as provided for in Section 107 of the US Copyright Law.We are making such material available in our efforts to advance understanding of social issues of parental alienation as a form of emotional and psychological child abuse. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
Posted by Joe Barrow on Wednesday, July 1, 2015

Letters from Children to Family Court Judges

Families Civil Liberties Union

Family Court

  

Please contact Greg Roberts with all stories of Family Court Corruption @ groberts@fclu.org. We are compiling data for a growing investigation. 201-220-4897 if you have inside info on judges and lawyers involved in provable corruption.

Post by Stop Mental Child Abuse.

Post by Applying The Law In Family Law.

Please contact Greg Roberts with all stories of Family Court Corruption @ groberts@fclu.org. We are compiling data for a growing investigation. 201-220-4897 if you have inside info on judges and lawyers involved in provable corruption.

Using a child as a control mechanism is a domestic violence behavior

Ripped Apart

Divorced dads, domestic violence, and the systemic bias against men in King County family court.

By Nina Shapiro

Jim's first indication that his life was about to be turned upside down came the night he got home from work and was approached by an off-duty sheriff's deputy.

"Are you Jim?" the deputy asked.
"I am," he replied.
The deputy then informed him that not only was he no longer welcome inside his own house, he wasn't allowed even to collect his things. The officer handed him a suitcase his wife had packed and a $3,000 check—also from his wife, who earned far more than he did.
"What are the grounds?" Jim asked.
"It's all in there," the deputy said, thrusting a sheaf of papers into his hand.

The papers informed him his wife was filing for divorce. Worse, she had requested, and been granted, a temporary protection order based on allegations of domestic violence. The order—issued at a hearing that took place without Jim—took effect immediately. It required him to vacate his house and refrain from "any contact whatsoever" with either his wife or his 3-year-old son.

In it, his wife wrote that she felt like she had to "walk on eggshells" around Jim due to his unpredictable temper. He would scream to such an extent that "veins in his neck were bulging" and "spittle from his lips was hitting me in the face." She also described him yelling at their dogs, roughly handling their cat, and driving aggressively and recklessly.

But there's one thing she never claimed—that Jim had ever hit her or their son. Nor did she accuse Jim of threatening either of them.
Jim, an insurance agent periodically unemployed, had at times performed more child-care duties than his wife, according to a court-assigned social worker hired to assess each spouse's parenting skills. 

Observing interactions between Jim and his son, and talking to friends, relatives, and neighbors, she called the bond between them "relatively strong, happy, interactive, comfortable, playful, and full of physical play and affection." Yet it would still take 15 months for Jim to be allowed to have normal visits with his son.

Had he been charged with domestic violence in criminal court, where guilt must be proved beyond a reasonable doubt and the standards of due process are high, this might not have happened. But Jim's fate was decided in a very different venue: family court.

It's a court like no other—a hugely busy and rancorous place where the most personal aspects of people's lives are not only on display, but judged and reshaped in proceedings that often last no longer than 20 minutes. Appointed commissioners, rather than elected judges, make many of the most crucial decisions. And the standard of evidence (known as "preponderance of the evidence") is the lowest allowed by law.

Fix Dysfunctional Family Courts

In a session on best practices for working with parents with disabilities, attorneys from Bronx Defenders, give guidance...
Posted by Children's Rights on Thursday, August 20, 2015

FIX FAMILY COURT

The courts dealing with children, parents, families, and divorce are horribly broken. Children, mothers, fathers, and grandparents are being severely damaged by the broken system.

Bill Windsor, producer and Director of Lawless America...the Movie developed the following list of proposed legislation from his interviews with over 750 people in every state. Hundreds of people submitted ideas to be considered.

1. All court proceedings shall be recorded, and all parties shall have the right to do their own recording of all proceedings.

[Judges and attorneys get away with lies, concealing the tone of their comments, and falsifying court transcripts; this will be a tool to make them more accountable while protecting the fundamental rights of the parties.]

2. Judges must address all points raised by all parties in every court decision with a clear explanation with citation to determining facts, statutes, and case law.

[One of the dishonest/corrupt techniques used by judges is to ignore the issues, facts, and law. By forcing judges to address the issues, facts, statutes, and case law on each issue in their orders, judges will either treat the parties fairly or expose their corruption for all to see. When judges violate this provision, an aggrieved party will now have the ability to take the matter to a Special Grand Jury.]

3. Judges must insist that people tell the truth in court with extreme consequences for those who don't.

[There are rules that will make the legal process infinitely more fair and less expensive. Judges must honor and enforce the rules. It is one of the only ways to get witnesses and attorneys to be more honest.]

4. All family court trials shall be by jury.

[Family court abuse and corruption is one of the most widely-criticized. Judges and their friends involved in the family court process create a situation ripe for injustice and corruption. We must remove the judges from this life-altering process for so many people. Let a jury of local citizens with their own families make these serious decisions.]

5. It shall be a child's right to be raised by his parent(s), free from government intrusion; have an attorney of his choice; be heard in court personally; be allowed to report abuse and know that the system will protect them; be protected from mental and physical abuse by guardians as well as the judicial system; and receive justice.

[Currently, the way children and their families are treated by the judicial system is a crime in and of itself. We the people must protect families and the children. These rights must be mandated because the existing system is hopelessly broken.]

6. No child may be taken from family without evidence and a hearing.

[Children are being removed from their homes at the whim of people. This life-altering decision must first be made in court and decided by a jury. We cannot allow families to be torn apart by people who should have no authority to take such serious action.]

7. All children deserve to live a childhood free from abuse, exploitation, and government interference during custody litigation.

[Custody litigation is devastating to many. The children must be protected not damaged by the system.]

8. The statute of limitations shall be eliminated in cases of sexual assault against children. The statute of limitations shall be eliminated in cases of perjury and fraud upon the courts.

[Laws must not be used to deprive citizens of recourse for wrongdoing.]

9. Whenever a criminal matter is raised in family court, that matter must pass to a criminal court where all normal criminal due process procedures, etc. apply.

[It is outrageous that criminal issues are raised in family court, and the accused is denied all of the legal protections.]

10. Hearsay shall not be allowed in family courts.

[Currently, judges make decisions based on whatever one side is willing to say in court. No evidence. No objections against hearsay, etc.]

11. Custody should be shared by both parents unless there is proven abuse or neglect.

[Some will disagree with this, but I happen to believe that both the mother and father are important to a child.]

12. Grandparents shall be listed on all birth certificates, and grandparents shall have automatic custody rights if their child is unable and they are willing and able. Grandparents are not always a good answer, but they should be looked at FIRST, and not as a second thought.

[The money-making machine that is Family Court doesn’t want children to go to their grandparents because there is no money in it for the system. This must be changed.]

13. There shall be no statute of limitations for child abuse.

[Protect children forever.]

14. A Citizens Review Panel shall be established to monitor all children and family matters.

15. No child, teen, or young adult may be forced into residential treatment facilities and forced to take drugs without parental authorization.

16. Child support, custody, and visitation shall be treated as one issue in family court.

17. Child support shall be based upon an ability to pay. There shall be no child support in a 50/50 custody arrangement.

18. If a parent cannot pay child support, that parent shall not be jailed. Parents who do not pay child support may be sued for fraud, and if a jury determines that fraud was committed, a judgment may be entered against the parent, and the court may revoke the driving privileges of the parent. No one should be jailed for non-payment of anything.

19. All children and family court proceedings should be public. The only ones they are protecting are the criminals.

20. Children shall be taken from parents only in extreme situations of abuse or neglect, and those decisions shall be made only by a jury after a full evidentiary trial.

21. Civil court requirement of a preponderance of probability shall be required in family court.

22. Where accusations of abuse are falsely made, there should be sanctions and criminal charges filed.

23. There shall be no custody rights granted to convicted domestic abusers. This is how they gain ground to further manipulate their victims.

24. Anyone who feels their court experience was improper may have their case reviewed by a Special Regulatory Grand Jury.

25. “Parental alienation” must be recognized as a problem and should be considered unacceptable.

26. No one shall be placed on any child abuse registry without a jury trial and a conviction for child abuse.

27. A “Safe at Home” program shall be established to protect citizens by having their addresses and contact information suppressed.

28. Remove any gender specific federal funding from Family Courts.

29. Cap GAL fees.

30. Mandate GAL's have to carry a specific level of education in the field of Social Work (BSW).
Bill Windsor and Lawless America developed additional ideas for legislation to fix the corrupt legal and judicial system: http://lawlessamerica.com/images/stories/GRIP/state%20legislation%20proposal-2012-09-26.pdf

Here is a video in which Bill Windsor presents Proposed Legislation for Family Courts --https://youtu.be/mWWA2FXyEU4

If you don't know Bill Windsor's story, here is a summary: http://lawlessamerica.com/index.php?option=com_content&view=article&id=1777%3Amovie-producer-bill-windsor-could-spend-the-rest-of-his-life-in-the-montana-state-prison-for-filming-a-documentary&catid=158%3Anews&Itemid=236

Image copyright busaca.com and Friends of Bill Windsor

 — in United States.

Within a system which denies the existence of basic human rights, fear tends to be the order of the day

FLORIDA FAMILIES UNITED - CHILDREN'S RIGHTS FLORIDA - 2017 from Childrens Rights Florida

What Is The Role Of Lawyers?

Jeena Cho at Above the Law -  You get to define for yourself how you want to practice and what kind of lawyer you want to be.

Across the country women, children, AND MEN are becoming the victims of judges and the court system. It is time that we...
Posted by Children's Rights on Thursday, August 20, 2015

American Fathers Liberation -

Posted by Childrens Rights Florida  “Within a system which denies the existence of basic human rights, fear tends to be the order of the day. Fear of imprisonment, fear of torture, fear of death, fear of losing friends, family, property or means of livelihood, fear of poverty, fear of isolation, fear of failure. A most insidious form of fear is that which masquerades as common sense or even wisdom, condemning as foolish, reckless, insignificant or fut... more »

It's Time to Fundraise For Your Favorite Judge Again!

South Florida Lawyers at South Florida Lawyers -

Can you believe it? Where did the summer go? It feels like we just started our summer break and here we are again, with the kids back in school* the endless judicial fundraising pitches, emails, and faux events!* Didn't we just do this? When is the election even? Next tisha b'av? Don't worry -- just give, give and give again. I'm pretty sure it's a necessary evil -- *hey, wait a minute, why is it necessary again? * And remember -- that judge you save could be your own (I kid, they won't even remember you)! Seriously, you might as well be part of the solution -- support the sm... more »

The Record: Parental due process

LK at Legally Kidnapped -

The Record: Parental due process LEAVING CHILDREN unattended in vehicles remains a serious problem, notwithstanding many publicized warnings against it. Some 45 children have died from heatstroke while locked in cars in hot weather since the beginning of 2014, according to researchers at San Jose State University in California. Children left alone in cars are also susceptible to being kidnapped.

Southern District of Florida Blog: S.D. Fla. celebrates LGBT achievement

John Oliver Explains Why It Is Too Soon To Celebrate LGBT Equality

Kathryn Rubino at Above the Law - 1 day ago

Even if you don't agree with Oliver's views his fast pace, clever graphics and sly demeanor keep you entertained.

The politics of sociological consciousness

Paul Campos at Lawyers, Guns & Money -

This weekend, the NYT ran an interesting article by a former waiter at one of New York’s Michelin three-star restaurants, who is now a graduate student: In a playground for the superrich, I was an overpaid chaperone wearing a bespoke suit. Gluttony was common. So was sex; more than once we had to interrupt coitus […]

Is This Racist? State Bar Can’t Tell If This Is Racist.

Joe Patrice at Above the Law -

After honoring a story written by a man associated with a hate group, a state bar flies into embarrassing damage control.  

They named a drink: The Foster Child

LK at Legally Kidnapped -

Drink of the Week: The Foster Child, a Banana Foster margarita at Salty's Gulfport Looking for a margarita unlike any other? Try a bananas fosterita, dubbed the Foster Child ($8), at Salty's Gulfport. Bartender Kat McKenna created the cocktail based on the flavors of the dessert bananas Foster.

Law Grad Drowning In Debt Tries To Sell Law Degree On Craigslist

Staci Zaretsky at Above the Law -

Go on, make this lawyer an offer he can't refuse.  

Support Circuit Court Judge Lisa O. Gorcyca - Contact Denial Parental Alienation is Child Abuse

The research on divorced fathers is clear about their most pressing need: their continued meaningful involvement with their children, as active parents. The lack of recognition of this primary need is the main reason for therapists’ lack of success in engaging alienated fathers.

We applaud this judge for taking a stand against Parental Alienation and dealing with an abusive mother.

The complaint accuses Gorcyca of misconduct in her handling of the case and for making false statements to the commission in response to its initial inquiry about the long-running case involving the three minor children of Maya Eibschitz-Tsimhoni of Bloomfield Hills and Omer Tsimhoni of West Bloomfield. Source: Bloomfield-Bloomfield Hills Patch

“Child custody disputes can be very stressful. In cases of parental alienation in divorces, one parent repeatedly presents a negative view of the other to the child, so that the child no longer wants to spend time with the other parent. Such actions destroy the crucial parent-child relationship rather than strengthen it, and the child ends up suffering as a result,"

Catch Up on This Story

• Judge Sends Kids to Detention for Refusing Lunch with Dad
• New Twist in Case of Kids Sent to Juvie for Refusing Lunch with Dad
• Dad Seeks Custody of Kids Sent to Detention for Refusing Lunch with Him
• New Attorneys Defend Mom Whose Kids Refused Lunch with Dad
• Kids Who Refused Lunch with Dad Now Living With Him
• Judge in Bitter Custody Dispute Could Recuse Herself
• More Twists Bloomfield Hills Custody Case
• Chief Judge Steps Out of Bitter Child Custody Case
• New Judge Finds No Bias in Bitter Custody Dispute

Teenage son to testify in Family Court about how much he loves his sister that the Family Court is preventing him from seeing.

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