Since that notion is wholly subjective, an undefinable rule with no standards or accountability, in practice it rests on the personal whim or bias of the family court. If necessary, file a formal complaint against the mother for any and all failings. The Family Law Act 1975 is the legislation the Family Law Courts must apply in working out parenting arrangements. What I learned was that thousands of women are losing custody of their children to men with histories of violence and sexual abuse. For example, 83% of mothers receive custody of their children in divorces. With after watching Garland Waller on this preview video at http://www.intermedia-inc.com/title.asp?sku=DE06&subcatID=12&previewFormat=WM where she says….. “I came to believe that if Judges, Lawyers, Guardians Ad Litem, Social workers, people who work in the family court system, knew the truth, the outcome for abused children would be very different.”. This will be a particular norm among older members of the judiciary, of course. http://www.protectiveparents.com/, Family Law Courts.com: Statistically, it appears that the family courts in the United States are biased against fathers. After a 10 year career as a divorce coach/consultant and doing extensive research on the subject, I've come to the conclusion that the courts are not the reason mothers retain custody in the majority of divorces. Representing only women in divorce and custody cases, Diane and Charlie began my education with one grisly case. Why do you suppose fathers are so quick to give most of the custody to mothers? The problem with family court. Nor am I surprised when I read that a family court judge has awarded custody of a 3-year-old girl to the father who has violently beaten her mother. Hera McLeod pleaded with the family court judge to keep her 15-month-old son, Prince, away from her abusive ex-boyfriend. Richard, Are Fathers seeing children as Tropies to hurt the mothers? It’s worth noting, however, that any potential bias toward the mother is in many cases perfectly justified. To save that client by all means and expedients, and at all hazards and costs to other persons, and, among them, to himself, is his first and only duty; and in performing that duty he must not regard the alarm, the torments, the destruction which he may bring upon others (children).”. Women's eNews Next she claims (of course she does) that, when mothers allege domestic violence by fathers, the fathers are given custody. There is no Family Court bias in favor of mothers because very few fathers seek custody during divorce. If you do, I’ll beat you.". ", His answer: "What would she say? I do not even lift an eyebrow when a 2-year-old boy, who comes home from unsupervised visitation with his dad, has a diaper filled with his own rectal blood and that same child is later turned over to his father on a full-time basis. THE BIAS A bias, against mothers who claim abuse, exists in Family Courts in several particular countries around the world; countries where parental alienation has become a âthingâ. There is no Family Court bias in favor of mothers for the majority of fathers who divorce. On occasion, we also use cookies to collect information from our toddlers, but that’s a totally different thing. That was before my childhood friend, Diane Hofheimer, asked me to consider doing a documentary on the family courts. Mothers and children get approached with unfounded suspicion, and children are … The fine article confines itself to revealing the frank bias of family court judges, but I’d like to add a bit of content: judicial bias against fathers is also judicial bias against mothers and children. Whether or not a state law mandates equal rights to both parents, family courts appear instead to rely on a concept called "the best interest of the child." It places the focus on the kids, not the parents. Don’t you say that about your father. ). We use cookies to collect information from your browser to personalize content and perform site analytics. Whether or not a state law mandates equal rights to both parents, family courts appear instead to rely on a concept called "the best interest of the child." "Yes there is bias, prejudice and discrimination in family court towards men. American Psychological Association Presidential Task Force On Violence, The Massachusetts Supreme Judicial Court Gender Bias Task Force, Parental Alienation Syndrome: 30 Years On and Still Junk Science. Most stunningly of all, in only one out of the 51 cases in which a mother reported child sexual abuse while the father cross-claimed alienation did the court credit the mother’s claim of … Studies by Joan Meier, Daniel Saunders and the American Psychological Association Presidential Task Force On Violence shows that gender bias in the courts often works against, not in favor of, mothers in custody cases. (In 2015, 80% of the custodial parents in the United States were mothers, according to the U.S. Census Bureau ). 7. The 11 year old has some brain damage and the 8 year old is autistic. But as gender roles have evolved in society, more and more mothers are working instead of staying home. Gardner’s books on the subject are self-published, something that should give judges and experts pause, even though he does look good on paper. Get rid of the "best interests of the child" as the standard for custody and replace it with a new concept called the "approximation standard." (https://womensenews.org/2001/09/biased-family-court-system-hurts-mothers/). This so-called syndrome is based on anecdotal evidence. And so began my journey into the dark world of family courts. 8. Some judges tend to favour women during divorce and child custody disputes. How do you know if you or someone you love is a victim of IPV and reproductive coercion? http://www.stopfamilyviolence.org/, "Domestic Violence and the Courtroom: Understanding the Problem … Knowing the Victim," American Judges Association and American Judges Foundation: See this article. I have serious concerns in stating we need to make judges accountable for their rulings while giving them credit for not knowing the truth. Parenting choices, such as whether to co-sleep with an infant or whether to leave an older child unattended at home, are routinely questioned and held against Black mothers in family court. Divorce & Gender Bias: Fighting Presumptions Against Fathers And Mothers Myths and stereotypes about men and women are engrained in our society. Many men, quite a lot of the time, appear to see looking after young children as boring, unrewarding, low status and they don’t want to do it. As the Family Court was not prepared to remove the father from the childrenâs lives, under the 2006 Shared Parental Responsibility Amendments of the Family Law Act, Judge Riethmuller changed the childrenâs residence from their motherâs to their fatherâs. Years ago, mothers were expected to do one thing: be mothers. The mother, along with many other witnesses, told the court … To put it in perspective they use the same ethics for children in family court as they use for rapists and murderers in criminal court. The TFLF opposed an equal parenting bill, HB 453, and rather than studying and presenting to the legislators the bias and problems with judges using the current Family Code to strip children down to minimum time with one of their parents, the TFLF instead spent time disparaging others who were trying to inform and educate the legislators. In fact, a pilot study in the early 1990s by the California Protective Parent Association and Mothers of Lost Children found that 91 percent of fathers who were identified by their children as perpetrators of sexual abuse received full or partial unsupervised custody of the children and that in 54 percent of cases the non-abusing mother was placed on supervised visitation. In non-contested custody cases, the mother and father generally agree to this on their own. Recently there was a military mom who lost custody when her ex-husband filed for custody when she was deployed overseas, well long story short there is now new laws put in place. Divorce & Gender Bias: Fighting Presumptions Against Fathers And Mothers Myths and stereotypes about men and women are engrained in our society. It is an international problem that is preventing fathers from being the loving and engaged parents that they want to be. I lived in a cycle of emotional abuse for nearly ten years. Years ago, mothers were expected to do one thing: be mothers. Both the family report, as well as a court experts report, left the court in little doubt about the appropriateness of the father's stance. “Garland Waller Says: We need a real overhaul, but let’s start with some basics: * Open the courtrooms to the public and make judges accountable for their rulings.”. Judges with more expertise in family law tended to engage in more biased decision-making than those with less experience in family court, said University of … The older boy was physically assualting the Mother and the 8 year old was usually out of control. Who has rights and who doesnt have rights at this point I would have to say women have more rights then men. These experts are certainly free to believe whatever they wish to, but much to the harm of thousands of children and their caring, protective parents, these ideas have been accepted by personnel in most of the family courts in the country: the judges, court-appointed lawyers charged with protecting the child’s interests, and custody evaluators such as psychologists and social workers. In practice this often means that a judge, often a male judge, biased and imperious, defines that phrase. These injustices are commonplace today in the closed-door family court system. Built with the Largo WordPress Theme from the Institute for Nonprofit News. http://trophychild.blogspot.com/, The best interest of Children is what it is all about. We as a society should do everything in our power to encourage responsible parenting by ⦠Not addressed by Dr. Gardner and his adherents are what a mother should say to a child raped by her father. Many of the grounds for removal are paternalistic and arbitrary, as well as racially biased, in nature. If mom was with the kids 70 percent of the time before the divorce, she would be with them 70 percent of the time after the divorce. These judges decide, time and time again, when a woman raises the allegation of sexual abuse in a custody dispute, that it is she who will lose her children forever. Research shows a high correlation between domestic violence and child sexual abuse. MEDIATORS: Many California family courts assign Family Court Services mediators, employed as part of the court system, to help people in custody disputes talk through and solve problems (Family Code 3160 et seq). Take away the deceptive acts of ignorance and or innocents from judges, you take away their veil of lies they hide behind. By ... was that the court would rule that the child should live with mom and dad would get "some" time. Are Custody Decisions Biased in Favor of Mothers? (WOMENSENEWS)–Studies show that in approximately 70 percent of challenged cases, battering parents have been able to convince authorities during custody battles that their victim is unfit or undeserving of sole custody, according to a recent report published by … The Family Law Act 1975 is the legislation the Family Law Courts must apply in working out parenting arrangements. Read the piece for yourself. http://www.virginiadivorceattorney.com/, Divorced From Justice: In most cases, divorcing parents go through the process outside of the courtroom, through mediation. The study exposed the effects of pervasive stereotypes regarding mothers and fathers on real child custody cases. In spite of years of abuse and having the estranged husband try and smother the 11 year old, causing her to leave, she needs help getting her boys back. However, despite these problems most of you have failed because you didn't take the time to learn how the system works." Yes the family court system is broken and needs reform. This case is being handled in a court system that has been admonished for poor and biased decisions in the past. It’s time we wiped away the myth that our corrupt system is ignorant and or innocent of knowing the truth of what harmful and or fatal outcome Dr. Richard Gardner’s PAS junk science risk for abused children. In the reverse case in which the dad was described as spending more time in caregiving prior to the divorce, again only 27% expected the courts to award equal time to both parents. (In 2015, 80% of the custodial parents in the United States were mothers, according to the U.S. Census Bureau ). 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