The Scandal In Our Own Backyard

 (This article was adapted from a previously published one.)

      
     

o       “There is something bad happening to our children in family courts today that is causing them more harm than drugs, more harm than crime and even more harm than child molestation,” said Judge Watson L. White from Cobb County, Georgia, Superior Court.

       In researching for my book, Puppet Child, I discovered that “something bad” to be the judges, especially when it comes to adjudicating allegations of child sexual abuse.

       In Clarke v. Cowles in California, eight-year-old Loren (not her real name) told her caseworker and later her psychological evaluator, “Daddy licks his fingers before he puts them in my vagina.” The first report was suppressed by the judge, the latter was never presented at the trial. The father was awarded full custody while the mother received supervised visitations on the unproven assumption that she had brainwashed her daughter. Years later, after the girl wrote repeatedly to her caseworker about molestation, a judge refused to hear the evidence because the question of sexual abuse had been decided five years before.

       Loren is only one child out of thousands being handed to their abusers. According to The American Judges Foundation, in 70 percent of cases in which abusive men ask for custody, they succeed in gaining full or joint custody. This national scandal is made possible by the secrecy within the Family Court System and by public disbelief in the scope of the problem. The very system designed to safeguard helpless children has become a national disgrace as injustice has reached epidemic proportions. 

       Whatever you have ever known about democracy becomes irrelevant at the gate to family court. There, one person is judge, jury and executioner. Paradoxically, in most states, a family court judge is the one professional in the courtroom who is not required to be trained in domestic violence and child abuse. As a result, wrapped in their own mix of prejudices, religious beliefs, or misguided assumptions, all too many judges are ignorant about the dynamics of family abuse, ignorant about the nature of child molestation, and ignorant about the ways in which an abuser manipulates the courtroom as the arena where he can hand a woman the final blow by taking her children away.
       Although studies such as the one by the Association of Family and Conciliation Courts Research in Denver—an organization which mothers’ groups claim is biased against women—shows that at least two thirds of sexual abuse allegations made by a child were proven to be substantiated (the one third unsubstantiated are not necessarily false.) Yet a study by the California Protective Parents Association found that 91 percent of fathers identified by their children as sexual predators received full or partial unsupervised custody—while in 54 percent of these same cases the non-abusing mother was placed on supervised visitations.

       How is that possible? Here are some of the more glaring errors the courts perpetuate:

       * Viewing children as property. When the crime of sexual abuse is committed upon a child who lives next door, the perpetrator is subject to harsh jail punishment. The same abuse committed upon one's own child is likely to result in a father getting sole custody. Behind this unfair ruling is the lingering feudal tradition that regards children as the property of their fathers.

       * Mistaking controlling men for loving fathers. Used to getting their way and given to expressions of anger, controlling men fight hard in the court they regard as a boxing ring. Having seen too many men walk away from their children, judges often mistake for love a father’s unwillingness to let go of the child who has become both a sexual object and a weapon against a mother trying to get away from her husband’s control.

      * Favoring the Parental Alienation Syndrome theory. PAS maintains that a child has been brainwashed to give false testimony. Not listed in the American Psychiatric Association manual, PAS is refuted and considered bogus theory by nationally recognized academic and clinical institutions—and by a 1999 Congressional act (VAWA). In fact, the lone advocate who coined the term, Richard Gardner, has also written that “pedophilia is natural.” Nevertheless, increasingly, legions of children are removed from their mothers’ care under the PAS theory.  

     *  Tolerance of child sexual abuse. A Tennessee judge granted visitation rights to Ralph Gonnella two weeks after he had been arrested for taking sexually explicit photographs of his seven-year-old son. In California, Manuel Saavedra, a convicted sex offender who had pleaded guilty to lewd conduct with a child was awarded custody of his two daughters.  All across America, convicted pedophiles—a crime known for its high rate of recidivism —are given access to their children.

*  Refusing to stigmatize a man as a pedophile. A 1996 report by The American Psychological Association states, “women seldom make false reports of child abuse or battering.” Yet in case after case, when a father is found to be sexually abusive, judges suppress evidence. While many judges, many of whom are fathers, do not truly believe that sexual abuse exists, they also do not wish to venture into the criminal arena of pedophilia due to overlapping jurisdiction between civil and criminal courts.

 * Not following the law. In demanding burden of proof of sexual molestation that supercedes the required “preponderance of evidence” and instead seeking the criminal definition of “beyond a reasonable doubt,” judges often demand dates, times or witnesses that are impossible for a child to provide. Interestingly, the same judges demand no proof when speculating that at the roots of the sexual abuse complaint is the mother’s coaching the child.

 * Misogyny. In Virginia, Kathy Wade was told by the judge handing Kathy’s two-year-old daughter to the sexually abusive father, “This is what you get when you don’t have a lawyer.” In Florida, Judge Paul Marko told Marianne Price: "The singles' bars are full of guys… you go and find one.” In Michigan, Judge Gregory Pittman ordered a couple shackled together after the woman complained that her former husband had violated the order of protection. Routinely, American women are denied the right to due process, are subject to ex parte hearings, and are victims of perjury or illegal out-of-state jurisdictions.

Through it all, children are at a disadvantage because they are dependent upon mothers with no or poor legal representation and who are short on financial resources to wage protracted legal battles and appeals. (Professionals in the field report increasing support for men from well-financed fathers’ groups.) Moreover, men, poised and collected and surrounded by a legal team, “look good” in court when compared with frightened, distraught mothers, whom judges often view as hysterical, paranoid and vindictive. Yet all across the nation, behind every case in which a woman’s constitutional rights are being ignored in family court there are children needing protection. Instead, they receive a life sentence without parole.

Public disbelief guards the system from exposure. There are child services, therapists, and legal guardians who commit atrocious mistakes. But ultimately, the untrained judges are the ones responsible for saving the children. While I met compassionate family court judges, the shocking overall picture of injustice indicates that they are in the minority. Until the public grasps the scope of the scandal in our own backyard and holds judges accountable for the grand scale in which children are being removed from the custody of good mothers to be placed with pedophiles, we are facing a national shame of catastrophic proportions. 

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Novelist Talia Carner published her first novel, PUPPET CHILD in 2002, and became an advocate for children caught in the nightmarish legal system. Since then, she's published CHINA DOLL and JERUSALEM MAIDEN. For more resources, please check  www.TaliaCarner.com

Mothers on Trial, by Phyllis Chesler

Mothers on Trial, by Phyllis Chesler
Reviewed by Talia Carner

Not since slavery in the USA were mothers punished by having their children taken away from them. Yet, in family courts all across America, judges and quasi-judicial officers of the court do just that: children who are abused or molested by their fathers are removed from their primary-care good mothers and are placed in the hands of their molesting fathers.

How this scandal can go on for decades with hardly any change, without any public outcry, and without any protest from human rights’ activists is due to the fact that outsiders to the gutter of our family courts’ justice simply refuse to believe it.

In her revised and updated milestone fact-filled book, “Mothers on Trial,” Phyllis Chesler fights to save thousands of children from becoming yet another generation of victims of a court system that betrays them time and again. She points out that while adult women often recount childhood sexual molestation at home by close relatives—and these women’s stories are believed—people tend to disbelieve when actually facing such cases as they happen in real time, right in front of them.

It is a documented fact that when fathers fight for custody, 70% of the time they obtain full or partial custody. People often assume that the reason these men who, in most part, have not been fully involved in their children’s lives—sometimes have been absent for months or even years—now gain custody is because the mothers are unfit. The naked truth is that in most of these cases, the father is emotionally and verbally abusive or outright violent. The mother, often the product of an abusive home, often abused for years in her marriage to the father of her children, now faces battle for which she is woefully unequipped to wage. Distraught, terrified, isolated, alienated in a system that scrutinizes her with the same critical and belittling attitude she’s encountered in her private lives, panicked over the fate of her sexually molested children, she seems “emotional” “unreasonable” and “difficult.” Her refusal to share parenting or give access to a man who sexually molest her children is viewed as her being “rigid” and “uncooperative.”

Furthermore, with limited or no financial resources, she comes to court either unrepresented by an attorney, or by an incompetent lawyer with little interest in the complexity of such a case. Or, as is often the case, she does not have the funds to keep the protracted legal battle a high-conflict custody case requires. Filing fees, transcripts, payments to evaluators and her lawyer’s hourly rate quickly rise to thousands of dollars.

In the 1990s I stumbled upon the phenomenon of protective mothers losing these battles in drove, researched it for a few years, and finally published a novel about one such fictional mother in 2002. (Puppet Child.) Since then, I became an activist, trying to find ways to save thousands of children each year from family court’s “justice.” What amazes me is how little has changed in the over decade in which I’ve witnessed more mothers enter the nightmare of family court, where they are discredited, disenfranchised and disbelieved.

Dr. Chesler has been at it a lot longer. Twenty-five years ago she published “Mothers on Trial,” a book that starts with the history of men’s ownership of their families and the lingering feudal notion of male supremacy as the head of the household. She pointed then—and continues to do so now in this excellent revised edition—that society and court hold men to much lower parenting standards than they do women. Mothers fail at every single check list (Does the divorced mother have sex? Is she overwrought with anxiety? Is she poor?) while men can be cold, disinterested, dysfunctional or even violent and they will be excused. In fact, fathers are given new chances time and again to foster their relationships with their children regardless of their abhorrent personal histories, while mothers’ contact with their children are not only curtailed or cut down to expensive supervised visitations, but all too often are severed completely.

If a father poisons a child’s mind against the mother, it does not enter into the question of his parenting skills. But all too often, a child’s fear of an abusive father is regarded as the mother’s brainwashing the child, rather than the father’s own doing. A judge will then chastise the mother for not encouraging enough the relationship with the father—and actually transfer custody to that abusive father. The notion of the best interest of the child and how much the child stands to suffer from cutting the bond with the primary caretaking mother while shuttling into a new life with a man the child fears, does not enter into the equation.

A chapter on Fathers’ Supremacist Movement, reports that fathers’ rights groups have also gathered steam in recent decades and have organized themselves in ways that mothers have failed to do. Some leaders in fathers’ groups have a recorded history of battering their wives or girlfriends, or are convicted pedophiles. Others may have a legitimate concern about shared parenting, but have been expressing strong misogynistic opinions. Common to both ends of the spectrum is the way fathers have been presenting themselves: as persecuted victims. They have been receiving media attention and courtroom sympathy with bogus theories (foremost is Parental Alienation Syndrome that is used almost exclusively against mothers,) and have been successful in passing legislation, due in part to Federal funding under the uncritical assumption that children need equal contact with both parents. Mothers do not have access to equal Federal funding.

In this revised edition, after editing out six chapters and adding eight more while updating the available research, Dr. Chesler examines closely many such cases of outright injustice that defy anything people know and believe possible in our society.

Phyllis Chesler’s book is a must read for every judge, court evaluation, guardian ad litem, social worker, psychologist and lawyer. But more importantly, it should be read by anyone who cares about human rights or about children, because it is time we raise our collective indignation to stop and reverse the life sentence without parole our courts inflict upon children placed in the hands of their molesters.

(To order the book, please click: Mothers On Trial )
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Author Talia Carner’s novel, JERUSALEM MAIDEN (HarperCollins, June 2011) is the story of a woman’s struggle for individuality and freedom within the confines of her society’s strict religious dictates. http://www.taliacarner.com/