Post by David Inguanzo.
By Linda J. Gottlieb, L.M.F.T., L.C.S.W. ~
To any rational, mature, objective parent or professional, the reason for this declaration could be justified by merely pondering the following question: "How reassured would you feel if you were standing trial for a crime, and your jury was comprised entirely of 18-year-olds?"The reason children should not be empowered to make a decision about visitation with a parent is as obvious as why no one would feel comfortable having only 18 year olds sitting in judgment of us. A child's judgment, insight, perception, reality testing, and emotions only barely reach maturity by the END of adolescence. One only has to read the epistemological research and studies undertaken by Jean Piaget, philosopher and developmental psychologist, who wrote the "Bible" upon which educators rely to understand the cognitive development of children.
Children do not have the emotional and cognitive abilities do evaluate for themselves what is in their best interests; to theorize what it would be like to have a parent eradicated from their lives; to be able to discriminate what is rational, truthful, and moral amidst all the information their parents and other adults impart to them---especially about the malicious, fabricated, and fanciful data from the alienating parent. Children, for example, think very concretely until the age of 8; that is why they actually do believe, "Step on a crack, break my mother's back."
Not until much older, can they discriminate reality from fantasy, which is why they should not see horror shows until much older. The ability to think abstractly starts at the beginning of adolescence and is still insufficiently mature by 18. Children lack wisdom! And children further do not have the emotional wherewithal to contradict the alienating parent----if that parent is the residential parent----as they are so dependent upon that parent.
So to placate the alienated parent regarding the visit refusal, the court sanctions it by making an ineffective order for the child to undergo a course of individual therapy in the hopes of readying the child for a relationship with the alienated parent. Every time I hear the unsubstantiated platitude for the therapist, "to prepare the child for contact with the alienated parent," I want to erupt.
Because of their immature cognitive and emotional abilities as previously discussed, children do not possess the facility for abstraction. They cannot participate in a theoretical discussion about what an appropriate relationship entails; nor can they comprehend a desire for something in the abstraction. A child, therefore, cannot have a discussion about desiring a relationship with someone who is in the absentia----especially a brainwashed child; nor can a child participate in determining what to expect from the relationship with that "someone."
To do is also a fantasy perpetuated by the mental health community----partially out of ignorance, partially out of an opposing belief system from this therapist's about the power of the therapist and about how people change, and partially to assure our continued employment.
I have lost count of the number of preposterous requests I have received asking me to treat a child whom I have never met in order "to ready them to reunite" with a parent, whom I have also never met and know nothing about. I am being asked to treat a relationship without having observed and examined it! Would a doctor diagnose for a disease without observing/examining the patient?
But why is therapy necessary at all to connect a child to a loving and formally loved parent? The PAS-aware professional must educate the judicial system that PAS children's expressed hatred for and refusal to visit with the targeted/alienated parent are not their true feelings----no more than these were the feelings of the thousands of foster children with whom I had worked with during a period of 24 years: not a single foster child ever expressed a hatred for her/his parents or a refusal to visit. Indeed, the two most frequently asked questions were, "When can I go home?" and "When is my next visit with my mommy and daddy?" You have to be carefully taught to hate and fear----especially a parent.
PAS children are caught and trapped by their feelings and position: on the one hand, these children love and crave their relationship with their targeted /alienated parent; on the other hand, they are terrified of betraying their alienating parent by expressing their true feelings. The professionals which impact child custody----especially the judge----must release these children from their trap by relieving them from making the decision about whether to visit or not. The professionals who impact child custody and visitation must assume the responsibilities for which we were charged when we were licensed by our respective professions; that is, we must assume our responsibility of guaranteeing the PAS child's right to a meaningful relationship with both parents----that starts with the enforcement of the visitation rights of the non-residential parent.
I have never seen parental alienation put into such layman's meaning before..im sure this book is going to be one i cant put down..and finally something you can use in the corrupt justice system!
ReplyDeleteTHE CRY OF FATHER FORGOTTEN BY JUSTICE
ReplyDeleteI’m writing with the words of a father that has been bearing up for so long and might be he will die as a loser in this struggle but never give in.
My words are for all the fathers not able to manage going on in their life, because of lack of strength, money or fortune in life and not able to live and resist for years in social exclusion.
I dedicate my words to all the sons that need to have both their separate parents, close to them for growing up.
But first of all I’m writing to you… you politicians, judges, lawyers, psicologists, executives… try to put yourselves in my place, in the place of a father who loves really much his daughter but is obliged to be separate from his daughter and prevented from seeing and holding her.
What do you think can be a father’s thoughts when he’s suddenly and rudely separate from a beloved daughter, at the tender age of one and half?
Have you ever wondered about his feelings? Does he feel deep pain and sorrow?
We are fathers not supermen! We are human beings like everybody else and we can live in mental equilibrium, in social balance, in doubts and feel affection and have hope, expectations as well as qualities and faults just like you.
The Holy Bible sais : “Do to others as you would have them do to you” but not the contrary!!!
Would you like to see your little children few hours a week from now on? Or not to be allowed to see them at all suddenly, with no reasons why or demerit, with no possibility of appeal???
I please you to think about it and find a solution to put an end to this agony and not extinguish a father’s hopes!!!
Antonio Raschella
https://www.facebook.com/photo.php?fbid=478692675497709&set=o.155289715456&type=1&theater
Thanks Antonio!
DeleteAntonio, I am deeply saddened and feel the same as I am going through the similar situation. It looks like this parental alienation is an epidemic and is used by our corrupt systems for their own monetary benefit. And all this at the expense of our families. What a SHAME? We do not have a choice but to seek help from law makers of this so-called "land of freedom". I feel that we are all puppets in this land driven by greed and hypocrisy. Only when this happens to all those responsible that there will be a wake-up call to do something.
DeleteHey Bio-Mom,
DeleteI 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
I do not accept the term "visitaton". I am nota visitor, I am a parent an father. Parenting time is the appropriate term.
ReplyDeleteWhat if the child is being emotionally abused by a stepparent and their spouse(child's parent) doesn't see anything wrong with that situation? Then should the child be able to see that parent? Or be allowed to have a say in their parents visitation rights?
ReplyDeleteIt'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
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?
ReplyDeleteWhat 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?
www.youtube.com/watch?v=5uCk94CfJMU
ReplyDeletePRO 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."
Florida Judge and Lawyer Complaints
ReplyDeleteHow 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
FLORIDA TODAY - OPINION
DeleteWritten by Gordon E. Finley, Ph.D., Miami
While I applaud columnist Paul Flemming for a sound review of the issues in Saturday’s “Alimony bill will be great — for lawyers,” his bottom-line conclusion is dead wrong.
The proposed state alimony reform bill will reduce litigation, not increase litigation. A bit of history: For years, the divorce vultures (a.k.a., the Family Law Section of the Florida Bar) have conned the Florida Legislature into writing divorce legislation that maximizes litigation and thus maximizes their income. In part, they have accomplished this by maximizing judicial discretion, which in practice means endless conflict and, of course, endless paid litigation.
No matter what they may say, the divorce vultures are interested only in one thing — maximizing their income.
I can irrefutably demonstrate this point with Flemming’s own words: “Thomas Duggar, an attorney in Tallahassee and a member of the Florida Bar’s Family Law Section, said last week at a Tallahassee Bar Association meeting that the section has a $100,000 war chest to sway public opinion against the legislation.”
Do your readers honestly believe they are spending all this money so they will lose income? The divorce vultures get the message in terms of what alimony reform will cost them — and save the children, fathers and mothers of divorce. I regret Mr. Flemming did not do the same.
Full Disclosure: I am an alimony-paying divorced father of two young adult daughters and retired university divorce researcher with multiple research and scholarly publications on this topic.
"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.
“Justice is a part of the human makeup. And if you deprive a person of Justice on a continuous basis, it’s really an attack (and not to get religious or anything) but it’s an attack on the human soul. We have, as societies, evolved ideas of Justice and we have done that because human nature needs Justice and it needs resolution. And if you deprive somebody of that long enough they’re going to have reactions…” ~ Juli T. Star-Alexander – Executive Director, Redress, Inc.
ReplyDeleteRedress, Inc. 501c3 nonprofit corporation, created to combat corruption. Our purpose is to provide real assistance and solutions for citizens suffering from injustices. We operate as a formal business, with a Board of Directors guiding us. We take the following actions to seek redress: Competently organize as citizens working for the enforcement of our legal rights. Form a coalition so large and so effective that the authorities can no longer ignore us. We support and align with other civil rights groups and get our collective voices heard. Work to pass laws that benefit us and give us the means to fight against corruption, as is our legal right, and we work to repeal laws that are in violation of our legal rights. Become proactive in the election process, by screening of political candidates. As individuals, we support those who are striving to achieve excellence, and show how to remove from office those who have failed to get the job done. Make our presence known through every legal means. We monitor our courts and judges. We petition our government representatives for the assistance they are bound to provide us. We publicize our cases and demand redress. Create a flow of income that enables us to fight back in court, and to assist our members impoverished by the abuses inflicted on us. Create the means to relieve the stresses on us, as we share information and support each other. We become legal advocates for each other; we become an emotional support network for each other; we problem solve for individuals on a group basis! Educate our judges, lawyers, court personnel, law enforcement personnel and elected leaders about our rights as citizens! Actively work to eliminate incompetence, bias/prejudice, special relationships and corruption at all levels of government! Work actively with all media sources, to shed light on our efforts. It is reasonable to expect that if the authorities know we are watching and documenting, that their behaviors will improve. IT'S A HUGE TASK! Accountability will not happen overnight. But we believe that through supporting each other, we support ourselves. This results in a voice for justice and redress that cannot be ignored. Please become familiar with our web site, and feel free to call. We need each other - help us to help you! Although we are beginning operations in Nevada, we intend to extend into each state in a competent fashion. We are NOT attorneys, unless individual attorneys join us as members. We are simply people helping people. For those interested, we do not engage in the practice of law. You might be interested in this article Unauthorized Practice of Law on the Net. Call Redress, Inc. at 702.597.2982 or e-mail us at Redress@redressinc.com. WORKING TOGETHER TO ATTAIN FAIRNESS