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U.S. Supreme Court to Decide Tomorrow if They Will Hear Mother’s Case

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Tomorrow will be a historic day…remembering what Linda Marie Sacks would tell anyone we interacted with when we were in Washington D.C. the weekend she submitted her writ to the U.S. Supreme Court on Mothers Day weekend this spring.  She absolutely sparkled with enthusiasm, and those we talked with, particularly immigrant taxi drivers, couldn’t believe that what Linda Marie and other mothers in this situation are in, and it could actually be happening in this country.  There are a lot of mothers keeping their fingers crossed on this very important case which the justices will review tomorrow and decide whether they will hear or not.  The well being and very lives of children who are with abusive parents are on the line. 

Here is more information about the case.  To read the writ that Linda Marie submitted to the U.S. Supreme Court, please click here.  To see the public service commercials that were made featuring Linda Marie, please click here.

Linda Marie Sacks and her daughters, who are in the custody of their abuser

Historic US Supreme Court Case on Behalf of America’s Mothers and Children

DISTRIBUTED FOR CONFERENCE JUNE 23, 2011
Case 10-1381 Petition for Certiorari Attached

The Sacks v. Sacks case has been distributed for conference on June 23, 2011. Just imagine….the US Supreme Court in Washington DC will discuss the Sacks v. Sacks Petition for Certiorari Case 10-1381 on June 23, 2011 and will decide if they will hear the case.

Linda Marie’s daughter in April 2007, said “Mommy fight for us, and do something every day to get us back, and don’t ever stop”. This Florida Mother has kept her promise to her daughter’s and now is speaking on behalf of America’s children and their “protective parents”.

Sacks is speaking for all of America’s children and addresses the failure of the courts and child protective services to protect our children. This cert being reviewed shows the documented evidence of an epidemic which shows how courts give custody of children to the batterers and pedophiles, while the safe, loving non-offending parent is sanctioned by the court to having their contact terminated or being placed on supervised visitation without any case plan or reunification plan.

Sacks, a pro se litigant, and after reading Justice Scalia’s book “Making Your Case” The Art of Persuading Judges, used this valuable information in her Briefs to the Fifth District Court of Appeals in 2009, and this book was instrumental in helping her formulate her cert petition for the US Supreme Court.
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Written by mothersoflostchildren

June 22, 2011 at 2:46 pm

Other States are Starting to Realize the Full Impact of Domestic Violence, Indiana Needs to Also

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This is from another friend and fellow advocate Dara Carlin from Hawaii. Sorry for the short notice, but this is happening today. It will be televised at 5:35 pm Eastern Daylight Time today, and you can watch it on the internet at the link below. Many Indiana state legislators fail to realize the full impact of domestic violence in this state, including courts giving child custody to abusers. We need to have an event like this also in Indiana.

 

 

Media AdvisoryHawaii House of Representatives

June 20, 2011 – For Immediate Release

Contact: Office of Rep. John Mizuno, Telephone: 808-586-6050, Cell: 808-741-0639

 

LAWMAKERS TO HOLD BRIEFING ON DOMESTIC VIOLENCE AND HEAR CONCERNS FROM DOMESTIC VIOLENCE SURVIVORS AND DISCUSS THE NEED FOR POLICY CHANGE

 

Several domestic violence survivors will share their story of how they lost custody of their child(ren) to the abuser, even after a finding of domestic violence by the abuser

 

WHAT:            The House Human Services Chairman, Rep. John Mizuno, will hold a legislative briefing to address domestic violence in Hawaii.  Rep. Mizuno will identify certain concerns involving specific failures of the current “system” in adequately addressing domestic violence.  Rep. Mizuno will also be hearing from domestic violence victims, survivor advocates, and agencies working directly with domestic violence victims, issuing protective orders and temporary restraining orders.

The briefing will:

• Identify and address concerns regarding domestic violence in Hawaii

• Explain the reason for the various bills which seek to provide greater protection for domestic violence victims

• Explain the difficulties in passing measures which seek to improve the state’s system in handling domestic violence cases

WHEN:            Tuesday, June 21, 2011 – 11:35 a.m. Hawaii Standard Time (Televised in Hawaii on Ch. 53, for Neighbor Island residents and nationwide go to the internet www.olelo.org – click NATV Ch. 53 for online live stream coverage)

WHERE:           Hawaii State Capitol, Room 329

WHY:               Rep. Mizuno was contacted by several survivors of domestic violence who will be sharing their stories with lawmakers during the briefing. According to Rep. Mizuno, “It is extremely concerning to hear that time after time the abusers who beat our victims, many times end up gaining custody of the children.  Based on our victims’ testimonies and information provided by organizations and advocates for domestic violence victims, I believe our current system has many major flaws in properly addressing domestic violence issues.  Therefore, I am looking for solid solutions to better address domestic violence statewide at the conclusion of this briefing.”

Barry Goldstein: Why Don’t We End Domestic Violence?

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This post comes from my friend and fellow advocate Barry Goldstein, and was originally post on the Time’s Up blog.  This addresses the real concern of domestic violence and it’s lack of attention and even condoning of it when it is brought up during child custody proceedings.

Why Don’t We End Domestic Violence?

By Barry Goldstein

Society has the knowledge and ability to prevent a large majority of domestic violence crimes and especially murders. It is not like cancer or heart disease which would require some fundamental changes in human behavior to achieve massive reductions. We could easily put together a change in laws, policies and practices and quickly end the danger of domestic violence for most women and children. If we could as readily prevent most of the deaths from earthquakes, tornados, cancer or terror attacks, we would not hesitate to do so. Why should we continue to tolerate the enormous harm caused by abusers? Many of our leaders have spoken of and dreamed of a world without domestic violence. This is a worthy goal, but I am not naïve enough to believe we can end all domestic violence in our lifetimes. We can, however create a massive reduction in domestic violence crimes. I say let’s do it.

Background

Our publisher asked Mo Hannah and I to prepare a second volume of DOMESTIC VIOLENCE, ABUSE and CHILD CUSTODY. I decided to write a chapter for the book of a modern tale of two cities comparing Quincy, Massachusetts with Poughkeepsie, New York. I selected Quincy, Massachusetts because they had developed the Quincy Model which had resulted in a drastic reduction of domestic violence homicide. I selected Poughkeepsie, New York because they had been severely criticized for using approaches in custody court that strongly favored abusive fathers. The court system and particularly the judges reacted to the criticism in a defensive and retaliatory manner. Dutchess County has now had a series of domestic violence homicides including the last crime in which the abusive father also killed a police officer. The County Legislature created a committee to study and respond to the series of domestic violence homicides and I am interested to see if they make a connection between the murders and the pattern of mistreatment of protective mothers in the custody court system.
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Why Won’t the White House or the U.S. Department of Justice DO SOMETHING?

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As we prepare for ANOTHER vigil in Washington D.C., again we are seemingly getting no acknowledgement about the severe plight that mothers and children are faced with.  Why don’t these folks come out and talk to the mothers who are going though this?  Why are mothers left wondering what is going to be done? 

Do they even know what is going on…really know what’s going on? 

Why don’t they do something? 

I wondered this as a child victim of family court, placed with my mother’s abuser (my father).  I wonder about this as an abused mother, who hasn’t seen her children in several years now.  Why are they handing all this help to fathers (through Fatherhood Initiative grants from HHS), and not helping mothers in the same boat?  Not to mention looking the other way on the actual criminal aspect of it.  Why not come out of that big white house on Sunday evening and tell us why.

Please Join Us For Another Rally in Washington D.C., February 13th and 14th

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Less than two weeks to go!  Remember, there is a meeting the evening of the 13th at the hostel where many are staying.  For information on the hostel…click here.

Don’t Be Fooled By The “Shared Parenting” Scam

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Seen on another site…it applies here.  Dr. Flood is in Australia, where they are already experiencing their own shared parenting disaster in courts.  His letter could very well apply here, because it is happening:

The misguided agendas of fathers’ rights groups

You are being bombarded at present with mass e-mails from fathers’ rights advocates urging you to adopt a ‘rebuttable presumption of equal parenting time’. Taking advantage of the same ‘e-mail megaphone’ system they have set up, I am writing to urge you to reject this proposal.

The proposed presumption of joint residence will, ostensibly, enhance shared parenting of children after divorce and separation, a goal with which few could argue. However, in practice it is likely that the changes will do little to encourage shared parenting. There are at least five problems with the presumption.

First, the proposed rebuttable presumption of joint custody is unnecessary: there are no formal legal obstacles to parents sharing the care of children after separation and divorce. Family law already endorses the principle of shared parenting, stressing that children have the right to know and be cared for by both their parents and that parents are jointly responsible for their children. Separating parents can make arrangements for shared residence, and small numbers do.

Second, the parents to whom this legal change would apply are those least able to set up shared parenting. The small minority of separating parents who reach the courtroom are often experiencing the most intractable and bitter conflicts, face issues of violence and abuse, and are the least likely to be in a position to share residence and parenting of their children.

Third, one size does not fit all. The best interests of the child, a key principle in family law, would be compromised by any presumption of a specific type of custody arrangement. The proposed law would undermine the ability and flexibility families need in order to develop parenting arrangements which best fit their children.

Fourth, the introduction of a presumption of joint custody is likely to increase the use of litigation to rebut the presumption, stretching the resources of the Courts and government.

Finally, a legal presumption of joint custody is likely to expose women, children and men to higher levels of violence. This prospect is particularly troubling given that there are already cases where the practice of family law privileges parental contact with children over children?s safety.

Promoting fathers? positive involvement with children is a laudable goal. But it will not be achieved by ill-considered changes in family law.

I have provided further detail on each of the above five points in the document contained here: http://www.xyonline.net/downloads/Joint_custody_DP59.pdf. And see the documents on the following website for my further discussion on how to promote fathers’ positive involvement in their children’s lives: http://www.xyonline.net/articles.shtml#father. Finally, see the following for critiques of the false claims made by fathers’ rights groups e.g. about women’s use of false allegations of domestic violence or child abuse.

Sincerely,

Dr Michael Flood
Postdoctoral Fellow
Australian Research Centre in Sex, Health and Society (ARCSHS)
La Trobe University
E-mail: michael.flood@latrobe.edu.au
Ph. (02) 6125 9703 (BH)
PO Box 4026, Ainslie ACT, 2602 AUSTRALIA

Westfield Woman, Boy Injured Trying To Escape Abusive Man

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Where was this injured boy’s mom?  Was she wiped out of his life by the Family Courts of Indiana, given to an abusive man?  That’s Standard Operating Procedure here.  May this stepmom and son recover soon and never return to this abuser…

From TheIndyChannel.com:

Woman Grabbed Boy, Jumped Out Of  Window, Police Say

Charles Stephenson

Charles Stephenson

WESTFIELD, Ind. — A woman and her stepson were hospitalized Friday night after they jumped out a window of a second-floor apartment to escape her violent husband, police said.  

Westfield police were called to the 1900 block of Ashley Crossing at about 10 p.m. Friday. 

Public Information Officer Mike Wheeler said that the woman’s husband, Charles Stephenson, had been drinking and had hit the boy, prompting the woman to escape by grabbing him and jumping out the window.    

Stephenson was arrested on charges of battery on a juvenile and intimidation. Police said they had not been on any prior runs to the home 

The woman was taken by medical helicopter to Methodist Hospital in Indianapolis, and the boy was taken to Riley Hospital for Children. The extent of their injuries was not released.  The names of the woman and boy weren’t immediately released.  

 The names of the woman and boy weren’t immediately released.  

Stephenson was arrested on charges of battery on a juvenile and intimidation. Police said they had not been on any prior runs to the home.

Written by mothersoflostchildren

August 9, 2009 at 8:30 pm

One Mother’s Voice

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My name is Shirley Riggs, I’m 39 years old and the mother of 4 beautiful children. I’m writing this inside the Thurston County jail, Olympia, WA, waiting for extradition to Kansas City, Missouri to face charges of custodial interference. My bond stands at $500,000 cash only. This secures that I as a mother will sit in jail because I chose to protect my children from further sexual abuse and because of a broken system. My heart aches for my children in a way few will ever realize….

 
…. My children and I have suffered great injustices in our lives in the past 4 years. We have been denied our right to due process and protection. Laws have been swept under the rug, resulting in my children being placed with their father and grandfather, who both have substantiated sexual abuse findings involving my oldest daughter. My children have been illegally ripped from the home, family, society, and way of life they love, the place they felt safest and the community they held so dear.

 

Shirley has lost all her parental rights now (thank you family court) and no longer has any access to them.  My thoughts are with her…

Written by mothersoflostchildren

July 25, 2009 at 7:26 pm

Mothers For Justice on So-called “Parental Alienation Syndrome”

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Carl Brizzi: Prosecuting Battered Women

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Hey, Carl Brizzi.  I heard you say on the radio that you were personally going to prosecute this.  Do you take this view when a man who has beat his wife, girlfriend or child has a case come to your office?  How come so many men get away with not going to court for domestic violence?  How come, if they do make it into court and are found guilty, they are put in a “diversion” program?  How come if a child is sexually abused, the prosecutor’s office turns it head because it is in the middle of a “custody dispute” and doesn’t warrant going after?

An employee for the Marion County Prosecutor’s office, who has to remain anonymous, believes Kay’s story is legitimate, but could not take action due to the custody dispute.

How come domestic violence is a total joke in the courts of Marion County…if a Protective Order is issued…it will be dragged into family court for hearing?  And we know how the judges really take domestic violence seriously here (NOT).

Why are you so interested in punishing this battered woman?  A women in fear of her life also.   Shouldn’t you worry a little bit more about the batterers and the child sex abusers here?

From The Indianapolis Star:

Mother faces neglect charge in tot’s beating death

Woman left room because she couldn’t bear to watch fatal beating, Brizzi says

By Jon Murray

Posted: June 18, 2009

Marion County’s prosecutor filed a felony neglect charge Wednesday against a woman who, he said, is only the latest mother to stand by while a boyfriend killed her child.

Rachel Goodmann, 21, told investigators after the March 11 incident that she went to a bedroom because she couldn’t stand seeing her 15-month-old daughter, Lilliana Goodmann, being beaten with a belt, according to court documents.

The beating, in an apartment in the 2100 block of Amerherst Drive, led to Lilliana’s death two days later and a murder charge against Tayuan Chism, 18.  Goodmann, accused of failing to intervene or seek treatment for Lilliana, could face 20 to 50 years in prison if convicted.

“We’ve seen a pattern where mothers allow these men, who are not the natural fathers of their children, to use extreme discipline or even beat them,” Prosecutor Carl Brizzi said.

Brizzi said Goodmann, who cooperated with police after Lilliana’s beating, arranged to turn herself in today.

Prosecutors say Chism beat the toddler on and off with a belt for as long as two hours, leading to internal bleeding and a skull fracture.  Police said a man and a 17-year-old girl awoke to sounds of the beating, grabbed the girl and took her to the hospital.

Last month, in another child-death case, a Marion Superior Court judge told Charity Bailey, 22, mother of 3-year-old TaJanay Bailey, that she had been “passive toward the torture of your daughter.”  He gave her 35 years in prison. Her boyfriend, Lawrence L. Green, got a 65-year murder sentence.

Father Who Has AIDS and Two Child Sex Convictions Gets Custody of Young Daughter

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An Australian mum tells of losing her young daughter to exhusband in custody battle.

Governor Daniels: Here is Some Background on the So-called “Parental Alienation Syndrome”

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From Battered Moms Lose Children to Abusers:

In 1985, PAS was first described by Richard Gardner, a psychiatrist who wrote that adults having sex with children is not a bad thing.[1]

 

Gardner described PAS as a “syndrome” whereby vengeful mothers employed child abuse allegations as a powerful weapon to punish ex-husbands and ensure custody to themselves.[2]  He further theorized that such protective parents enlisted the children in their “campaign of denigration” and “vilification” of the abuser, that they often “brainwashed” or “programmed” the children into believing untrue claims of abuse by the father, and that the children then fabricated and contributed their own stories.[3]

 

To distance themselves from the discredited theory and its embarrassing originator, proponents of Parental Alienation Awareness Day sometimes claim that Parental Alienation Syndrome and parental alienation are different.  In reality, they are often used synonymously and the consequences can be dire.  Children can end up in the custody of their abusers.   

 

Since 1985, abusers have come to convince family courts to ignore children’s allegations of abuse by invoking parental alienation and Parental Alienation Syndrome.  They wrongly claim that mothers are to blame because they are brainwashing their children. 

 

PAS WIDELY DISCREDITED

 

1996 – The Report of the American Psychological Association Presidential Task Force on Violence and the Family discredited the theory.  It stated:

Although there are no data to support the phenomenon called parental alienation syndrome, in which protective parents are blamed for interfering with their children’s attachment to their abusers, the term is still used by some evaluators and courts to discount children’s fears in hostile and psychologically abusive situations.[4] Family courts often do not consider the history of violence between the parents in making custody and visitation decisions. . . . Psychological evaluators not trained in domestic violence may contribute to this process by ignoring or minimizing the violence and by giving inappropriate pathological labels to women’s responses to chronic victimization. Terms such as “parental alienation” may be used to blame the women for the children’s reasonable fear of or anger toward their violent abuser.[5]

 

2003 – The National District Attorneys Association’s Center for Prosecution of Child Abuse discredited the theory.  It stated:

Although PAS may be hailed as a “syndrome” . . . in fact it is the product of anecdotal evidence gathered from Dr. Gardner’s own practice. […] PAS is based primarily upon two notions, neither of which has a foundation in empirical research. […] PAS is an untested theory that, unchallenged, can have far-reaching consequences for children seeking protection and legal vindication in courts of law.”[6]

 

 

2006 – The American Bar Association’s Children’s Legal Rights Journal discredited the theory.  It stated:

PAS’s twenty-year run in American courts is an embarrassing chapter in the history of evidentiary law. It reflects the wholesale failure of legal professionals entrusted with evidentiary gate-keeping intended to guard legal processes from the taint of pseudo-science…. As a matter of science, law, and policy PAS should remain inadmissible in American courts.[7]

 


2006 – The
National Council of Juvenile and Family Court Judges also discredited the theory.  It stated:

The discredited “diagnosis” of “PAS” (or allegation of “parental alienation”), quite apart from its scientific invalidity, inappropriately asks the court to assume that the children’s behaviors and attitudes toward the parent who claims to be “alienated” have no grounding in reality. It also diverts attention away from the behaviors of the abusive parent, who may have directly influenced the children’s responses by acting in violent, disrespectful, intimidating, humiliating and/or discrediting ways toward the children themselves, or the children’s other parent.[8]

 

 

CONSEQUENCES

 

One of the most troubling consequences of Gardner’s theory is that, “PAS shifts attention away from the perhaps dangerous behaviour of the parent seeking custody to that of the custodial parent. This person, who may be attempting to protect the child, is instead presumed to be lying and poisoning the child.”[9]

 

As a result, some children placed in the custody of their abusers have committed suicide; others have run away, and countless others have endured the abuse and are permanently traumatized.  In recent years, children placed in custody of their abusers have been coming forward to tell their stories and to warn of the danger surrounding the fictitious syndrome.[10]

 


[2] Gardner, 1992a; 1992b

[3] (Gardner, 1992b, p. 162, 193; 2002, pp. 94-95). – Meier, J. (2009, January). Parental Alienation Syndrome and Parental Alienation: Research Reviews. Harrisburg, PA: VAWnet, a project of the National Resource Center on Domestic Violence/Pennsylvania Coalition Against Domestic Violence. Retrieved 3/10/2009, from: http://www.vawnet.org

[4] Pg 40

[5] Pg 100

[9] Bruch, Carol S., Parental Alienation Syndrome and Parental Alienation: getting It Wrong in Child Custody Case in Child and Family Law Quarterly, Vol 14, No 4, 2002: 384.

[10] http://www.courageouskids.net

 

 

Our Governor Daniels has proclaimed April 25th as Parental Alienation Awareness Day.  I don’t believe this good, decent man would have signed off on this if he wouldn’t have been duped.  Duped by the simplified process to get a Proclamation here, which is an online process.  This can’t happen again!

 

See:  Our New Letter for the Press: The “Parental Alienation Awareness” Scam gets our Governor Mitch Daniels, It is Easy to Get a Day Proclaimed Anything 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 Outlaw It, Governor Mitch Daniels Makes HUGE Mistake, and Dear Governor Mitch Daniels of Indiana