Post date: Aug 06, 2011 3:14:1 AM
Published March 5, 2004 by Barry Goldstein
by Barry Goldstein Esq.
EXCERPT : Custody-Visitation Scandal Cases can be defined as having many but not all of the following attributes:
Allegations of domestic violence and/or child abuse made by the mother and/or child(ren)
A failure or refusal by court agents (attorneys, law guardians, forensic evaluator, therapists, and/or judge) to take such allegations seriously.
An outcome that places the children at serious risk
An outcome that appears to be 180 degrees from what it should be.
An outcome that gives custody to the alleged abuser and restricted visitation to the protective mother.
The use by the abusive father and his attorney of “standard abuser tactics” (i.e. seeking custody to punish the mother or maintain control; using visitation or custody to harass mother; claiming that unfounded child protective claims were made falsely and maliciously by the mother; attempting to manipulate the children etc.)
The propogation of myths and stereotypes about domestic violence (i.e. that mothers and children frequently make false allegations of abuse to gain an advantage in litigation) by the court and its agents.
Using “experts” with little or no training and understanding of domestic violence.
Gender bias and double standards (mothers being held to a higher standard than fathers)
Failure to consider and use up-to-date domestic violence research.
Approaches that blame the victim.
Use of biased or unsupported theories (i.e. Parental Alienation Syndrome; “Angry women”; “Vindictive women”; alienation; masochism etc.)
Extreme penalties against protective mothers.
Outcomes that make it appear like the judge was bribed even though that is usually not the cause of the judicial abuse.
I am not saying that every case that fits many of the above criteria has to have been improperly decided, but I believe research will find that 98% or more of such cases have been tragically mishandled. Custody-Visitation Scandal Cases should be identified, examined. and corrected when necessary. Even more important, society must create a system to prevent such cases from happening.
© 2004 Barry Goldstein
http://www.stopfamilyviolence.org/info/custody-abuse/overview/custody-visitation-scandal-cases