Problem Overview
Resources
Courageous Kids Network
Courageous Kids Network, October 1, 2006
We, the Courageous Kids Network, are a growing group of young people, whose childhood was shattered by biased and inhumane court rulings, which forced us to live with our abusive parent, while restricting or sometimes completely eliminating contact with our loving and protective parent. More
Myths and Facts
10 Custody Myths and How To Counter Them
ABA Commission On Domestic Violence, July 1, 2006
Any attorney who represents clients in custody matters will recognize at least some of the following unfounded clichés about domestic violence and custody. Here are some resources that the ABA Commission on Domestic Violence provides for practitioners to use when representing victims of domestic violence. More
Journal Article
Creating Justice Through Balance: Integrating Domestic Violence
Juvenile and Family Court Journal, September 1, 2003
The core values underpinning family law—particularly as it addresses child custody and visitation—too often are at odds with the safety needs of victims of domestic violence. Family law, which has developed as a mechanism for defining, recognizing, establishing, reordering, or supporting the familial and intimate relationships that people have with one another, is frequently inadequate to address domestic violence. In contrast, the specialized domestic violence law provisions operating within family law function under rationales and theories distinct from those underlying family law. The inherent substantive tensions that arise when the two bodies of law are simultaneously implemented can result in conflicting court orders, unsafe interventions, and inappropriate remedies for survivors of domestic violence. More
News Article
Custodians of Abuse
Boston Phoenix, January 9, 2003
Nearly 25 experts in custody litigation involving child-abuse claims were interviewed for this article. All had the same three complaints about family court — regardless of which state’s court system they were familiar with: - Family courts do not rely on criminal investigators to examine child-abuse claims. They rely on family advocates called guardians ad litem (GALs) - psychologists, social workers or lawyers who lack expertise in investigating child sexual abuse. - Normal courtroom checks and balances don’t exist in family court. Unlike in criminal and civil court, there are no juries, plaintifs often lack legal representation, hence judges can act without scrutiny. Often judges act in ways that violate basic rights of due process. - Gender bias and traditional stereotypes of how women and men parent children continue to prevail in family court. As a result, while conventional wisdom has it that mothers almost always fare well in family court, statistics show otherwise. More
News Article
The Batterer As Parent
Synergy 6(1) P 6-8 Ncjfcj Newsletter, March 27, 2006
The parenting of men who batterer exposes children to multiple potential sources of emotional and physical injury, most of which have not been recognized widely. More
News Article
Custody Visitation Scandal Cases
Barry Goldstein, March 5, 2004
Today, disturbingly, in thousands of custody-visitation cases all over the country, abused women and children are being revictimized rather than protected. I suggest using the term CUSTODY-VISITATION SCANDAL CASES, which would help us to better detect and understand the pattern and frequency of such atrocities. More
Magazine Article
Batterer Manipulation and Retaliation: Denial and Complicity In the Family Courts
Feminista, June 15, 2001
Most family court judges insist that people going through custody and divorce cases are good people, but that they often behave very badly because they are so stressed out by the pressures of the separation and court dispute. The reality is that nothing could be further from the truth for the men who abuse their female intimate partners and children. More
Magazine Article
The Illusion of Protection
Domestic Violence Report, May 1, 2006
Because of growing awareness of the harm of domestic violence to children is that 49 states (and Connecticut by case law) enacted laws requiring judges to consider the domestic violence (DV) in making custody determinations. States also enacted or strengthened their order of protection (OP) laws. In addition, at least 24 states have enacted statutory presumptions that batterers not get custody. Even with such clear legislative intent to protect abused mothers and their children, all too often mothers still face the reality that they are unable to protect their children and themselves, despite the existence of substantial proof, OPs, or even with court findings of abuse. More
News Article
Understanding the Batterer In Custody and Visitation Disputes
Lundy Bancroft, January 1, 1998
Contrary to popular belief, children of batterers can be at just as much risk psychologically, sexually, and even physically after the couple splits up as they were when the family was still together. In fact, many children experience the most damaging victimization from the abuser at this point. More
Magazine Article
Who´s Protecting Whom? the Criminalization of Protective Parents
Off Our Backs, July 1, 1995
When most of us imagine divorce/custody cases that involve a child who is sexually abused by one of the parents, we see a pretty awful set of images. Until recently, it was widely believed in those cases, the mothers typically end up with the child, and the abuser, the father, is dragged off to jail. Over the past few years, with all the media attention on False Memories/Parental Alienation Syndrome, public opinion has been changing with respect to incest. What once appeared to be a clear-cut situation, has now become an area of great controversy and debate. The most tragic casualties of this debate over child abuse are the children themselves, who are currently being sexually abused and are not trusted or believed when they disclose because of the grave suspicion that has been cast upon all who dare to speak about the abuse. But children are not the only ones to suffer. This backlash has also hit mothers who are trying to protect their children from abuse. More
Press Release
Legal Community Rejects Parental Alienation Syndrome
The Leadership Council On Child Abuse and Interpersonal Violence, July 12, 2006
Two recent high profile legal publications have rejected “Parental Alienation Syndrome” (PAS), a controversial label often used to discredit allegations of child abuse or domestic violence in family courts. According to PAS theory, children's disclosures of abuse by one parent are reinterpreted as evidence of “brainwashing” by the other parent. The solution proposed by PAS theory is to immediately award custody to the alleged child abuser. More
Report
Arizona Battered Mothers Testimony Project
Dianne Post J.D., June 1, 2003
The Arizona Coalition Against Domestic Violence implemented the Battered Mothers’ Testimony Project (BMTP) to explore the lived experiences of battered women in family court matters when child custody is an issue and domestic violence is present. Previous studies suggested that battered women do not face a level playing field in the family court. Discrimination abounds and myths pervade the judicial process. The rights of the children are not upheld and the victims of violence receive neither protection nor justice. We hope the report will lead to public discussion of the problems and issues, create impetus for change, and lay down a roadmap for positive resolution. More
Report
Protective Parents Survey - Pilot Study Results
California Protective Parents Association, October 2, 2006
The current study is the pilot results of a national survey undertaken to study the issue of protective parents. Sixty-seven self-identified "protective parents," male and female, completed a 101-item questionnaire describing aspects of their custody disputes. The pilot data to be presented includes the systematic documentation of the phenomenon of protective parents by including demographic factors, economic impact, and the full variety of protection issues including the range of allegations by both parents and others, the variety of expert examinations, diagnosis and testimony, family court response, and outcomes for children. More
Magazine Article
Jana's View: Parental Alienation
Phoenix Magazine, May 1, 2006
Abusive fathers are convincing the courts that mothers are "coaching" their kids to fear their fathers. It's called Parental Alienation Syndrome and its a serious issue. More
Stay Informed
Recently Added
Action Alert
MA: Sexual Assault Services Slashed
November 16, 2009
Earlier this month Governor Deval Patrick cut $1 million (one third of the budget) from the Sexual Assault Nurse Examiner (SANE) Program. This cut will mean the near elimination of a crucial system of coordinated care for survivors of sexual violence. Take Action Now!
Report
Shattered Hearts: Sexual Trafficking of American Indian Women and Girls in Minnesota
Minnesota American Indian Women's Resource Center, August 1, 2009
Police reports from Duluth showed that Native girls were being lured off reservations, taken onto ships in port, beaten, and gang-raped. Native girls were being trafficked into prostitution, pornography, and strip shows over state lines and to Mexico. This is the first report of commercial sexual exploitation of American Indian women and girls. More
Publication
Parental Alienation: A Rational Approach
NY State Office for Prevention of Domestic Violence Newsletter, June 1, 2009
The fact that divorcing parents often badmouth each other to the children can not justify the damage done to abused and endangered children by PAS and PA accusations. A more rational and fair approach to the claim of PA is presented. More