Mothers Of Lost Children – Indiana

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Governor Daniels, While You Are Embracing “Parental Alienation” Other States Are Trying To Outlaw It

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Yes, Governor Daniels.  You may have been fooled by the Father’s Rights folks that push this, but you didn’t receive the “whole truth.”  Tennessee and California are trying to have claims of “parental alienation” banned in custody cases:

Tennessee HB 0322

Child Custody and Support – As introduced, abolishes the common law tort of parental alienation; prohibits parental alienation syndrome from being a factor to consider in a child custody dispute; and prohibits the use of a claim of parental alienation by a parent who has been found to be the perpetrator of child abuse to rebut the presumption that it is detrimental to the child to award custody to such parent. – Amends TCA Title 36.

California:  Several bills seek to reform family courts

Assemblyman Jim Beall, D-San Jose, has introduced a bill that would ban the use of “non-scientific theories” in court cases. This bill would prevent the use of a theory called “parental alienation syndrome,” or PAS. This is the idea that one parent seeks to alienate a child against the other parent, leading them to level untrue accusations of abuse or neglect.

“We want to change a harmful family court practice that apparently has gone unchecked for some time, resulting in innocent children being improperly placed,” Beall said. “This legislation requires family courts to follow the legal principals of accepted evidence. The bill ensures pseudo ‘syndromes’ are not used in custody determinations.”
While both mothers and fathers have leveled charges of PAS in custody cases, widespread anecdotal evidence suggests that it has more often been argued by fathers. Several fathers’ rights groups say PAS is real. However, it is not generally accepted by the psychiatric community.

Assembly majority leader Alberto Torrico, D-Fremont, said that he also may carry legislation. While he said budget negotiations have been taking up most of his time, he has submitted language to Legislative Counsel which would establish statewide standards for family court custody evaluations.

“That’s something we’re looking at to make sure we’re placing kids in the best, safest environment.”

Several other unbacked bills would seek to address other problems with family courts, said Kathleen Russell, staff consultant with the CJE. Among these ideas: allowing children to testify on their own behalf; removing the immunity of judges and court employees from being sued for misconduct; changing the law so court employees are subject to the California Whistleblowers Protection Act; charging courts, rather than parents, to pay for custody evaluators in order level the playing field between ex-spouses with disparate resources; and mandating that custody evaluators receive the standard 24 hour training curriculum on child sexual abuse put forth by the American Bar Association’s Center on Children and the Law.

“Children are being placed in dangerous homes without protection,” Russell said. “It’s reached epidemic proportions. We couldn’t be more pleased to have legislators step up to the plate.”

Russell just returned from a trip to Washington, D.C., where she and other advocates met with legislators, including members of the California delegation. She said she expects federal legislation to be coming soon. Because the federal government heavily underwrites family court costs in the states, it has a great deal of leverage to impose greater standards and consistency.

“We’re looking at the federal flow of funds to the state courts,” Russell said. “That is where the feds can intervene.”

Please, Governor Daniels, remove this proclamation of “Parental Alienation Awarenss Day” on April 25th as it only services and enables abusive parents to claim this in court to take total control of children away from good parents.  Other states realize this, it is time Indiana does too.

Also see:  Dear Governor Mitch Daniels of Indiana and Governor Mitch Daniels Makes HUGE Mistake,


4 Responses

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  1. Hi,
    Interesting, I`ll quote it on my site later.

    Have a nice day


    April 15, 2009 at 7:13 am

  2. […] also:  Governor Daniels, While You Are Embracing “Parental Alienation” Other States Are Trying To Outla… and Dear Governor Mitch Daniels […]

  3. […] Also see:  Governor Daniels, While You Are Embracing “Parental Alienation” Other States Are Trying To Outla… […]

  4. […] in Indiana, Even for Pedophiles: Governor Mitch Daniels has been Duped by the Simplified Process!, Governor Daniels, While You Are Embracing “Parental Alienation” Other States Are Trying To Outla…, Governor Mitch Daniels Makes HUGE Mistake, and Dear Governor Mitch Daniels […]

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