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Archive for February 11th, 2010

Barry Goldstein, Esq. on Custody Visitation Scandals

with 4 comments

 

Since I am so short on time, and a lousy “formatter”, anything in {{italics}} is my comments, and the rest are his, except this next paragraph:

I think this site by Barry Goldstein, Esq. summarizes the “Custody Visitation Scandals” issues.  Recommend visiting it.

Today, disturbingly, in thousands of custody-visitation cases all over the country, abused women and children are being revictimized rather than protected. Some of the cases have been publicized, but most have been hidden from public view.

Often the media is reluctant to feature such cases, because they don’t have the resources to determine which side is telling the truth or out of fear of lawsuits.

{{Or so they say.  I know this, because I got the same comment on callling a newspaper editor.  However, the articles have their own slant and DO tell opinions.  It’s not possible to write without standing from SOME perspective…  And I know some fine reporters on these issues, I follow their articles locally...}}

As a result, only the victims and genuine experts are aware of the pattern and frequency of such cases.

{{Since when is a victim who has experienced something first hand, usually over a period of years, NOT a “genuine expert“?  It seems to me that one typical definition of “expert” appears to be someone who has NOT gone through the system….  However, once I became aware through experience, AND read the laws & literature, it seems that every day, there is another person I meet affected by this, or related to someone affected by it  this drain on our society.  Today was no exception, and I was just about my own business…}}

When women first started to learn about the extent to which men were abusing their female partners, there was no term to describe such behavior.

Only later was the term domestic violence invented. This was an important step, because it gave us common language to describe an all too common and harmful behavior pattern. I believe we now need a term that describes cases in which women and children are further abused by the courts instead of being 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, so that we can stop such abuse in the future.

Custody-Visitation Scandal Cases can be defined as having many but not all of the following attributes:

1. Allegations of domestic violence and/or child abuse made by the mother and/or child(ren)

2. A failure or refusal by court agents (attorneys, law guardians, forensic evaluator, therapists, and/or judge) to take such allegations seriously.

3. An outcome that places the children at serious risk

4. An outcome that appears to be 180 degrees from what it should be.

5. An outcome that gives custody to the alleged abuser and restricted visitation to the protective mother.

6. 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.)

7. 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.

8. Using “experts” with little or no training and understanding of domestic violence.

9. Gender bias and double standards (mothers being held to a higher standard than fathers)

10. Failure to consider and use up-to-date domestic violence research.

{{Comment.  That hasn’t even caused a brief slowdown in the flow of “studies” to “educate” judges how to tell right from wrong, and reasonable from ridiculous.  The research hasn’t changed things much, that I can see.  I’m not alone in this sentiment either.  See Stop Family Violence.org and search for the article (dated 2006) “The Illusion of Protection” by Renee Beeker).  Most of us now already know something is fishy in the system…}}}

11. Approaches that blame the victim.

12. Use of biased or unsupported theories (i.e. Parental Alienation Syndrome; “Angry women”; “Vindictive women”; alienation; masochism etc.)

13. Extreme penalties against protective mothers.

14. 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.

My understanding is that Mr. Goldstein, as well as other professionals, has already suffered retaliation for speaking out about this.  So I can understand the comment:  “though that is usually not the cause of judicial abuse.”  However, that comment is itself an assumption.  If you know my blog, you know I disagree.

Oldest motive in “The Book”  “The Love of money is the root of all evil.”  Go figure, it just MIGHT be involved here somehow!

Regarding the “Child Support” post (about 3 earlier), it’s inaccurate as stands.

I’ll try to update later.  Have a nice day!

Written by Let's Get Honest

February 11, 2010 at 6:46 pm

martinplaut

Journalist specialising in the Horn of Africa and Southern Africa

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'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?' (See March 23 & 5, 2014). More Than 745 posts and 45 pages of Public-Interest Investigative Blogging On These Matters Since 2009.

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