Abusers gaining custody in family courts: A case series of over turned decisions

Abstract

This article presents findings and recommendations based on an in-depth examination of records from 27 custody cases from across the United States. The goal of this case series was to determine why family courts may place children with a parent that the child alleges abused them rather than with the nonoffending parent. We focused on “turned around cases” involving allegations of child abuse that were at first viewed as false and later judged to be valid. The average time a child spent in the court ordered custody of an abusive parent was 3.2?years. In all cases we uncovered the father was the abusive parent and the mother sought to protect their child. Results revealed that initially courts were highly suspicious of mothers' motives for being concerned with abuse. These mothers were often treated poorly and two-thirds of the mothers were pathologized by the court for advocating for the safety of their children. Judges who initially ordered children into custody or visitation with abusive parents relied mainly on reports by custody evaluators and guardians ad litem who mistakenly accused mothers of attempting to alienate their children from the father or having coached the child to falsely report abuse. As a result, 59% of perpetrators were given sole custody and the rest were given joint custody or unsupervised visitation. After failing to be protected in the first custody determination, 88% of children reported new incidents of abuse. The abuse often became increasingly severe and the children's mental and physical health frequently deteriorated. The main reason that cases turned around was because protective parents were able to present compelling evidence of the abuse and back the evidence up with reports by mental health professionals who had specific expertise in child abuse rather than merely custody assessment.     

Misogyny in New York custody decisions with parental alienation and child sexual abuse allegations

This article analyzes 24 New York (NY) published child custody cases decided between 2001 and 2017 that contained parental alienation and child sexual allegations. It addresses whether there was a tendency toward gendered decisions and the evidence on which the decisions were based. It reveals that most decisions favored alienation allegations over child sexual abuse allegations and transferring custody from mothers communicating sexual abuse allegations in court to fathers defending against them by alleging parental alienation. On appeal, these family court decisions were overwhelmingly upheld. The analysis also shows that the decisions were based as often on implicit misogynistic cultural assumptions in the absence of allegation-specific evidence as they were on allegation-specific evidence. The article adds to the growing understanding of sources of bias by proposing four errors that support biased reasoning. It concludes with suggestions about how experts, attorneys, and judges can question themselves and others to reduce bias.     

Child sexual abuse suspicions: treatment considerations during investigation

This article addresses what, if any, psychotherapeutic interventions should be provided to meet the emotional and clinical needs of alleged child victims of sexual abuse while they await judicial determinations from the family, dependency, or criminal courts. The discussion emphasizes that to minimize iatrogenic outcomes, professionals involved in sexual abuse allegation cases should carefully establish and maintain professional role boundaries and take on only one role in a case. Professional roles may include an investigative forensic interviewer, court appointed forensic evaluator, and therapist. Special attention is given to complex issues that arise in child custody cases with allegations of child sexual abuse in family court.     

Substantiation of Sexual Abuse Allegations

Professional practices and decision-making procedures in investigation of child sexual abuse were studied by interviewing child protection professionals in the southeastern U.S. regarding 175 allegations of abuse. Investigation procedures used, factors associated with the decision to substantiate, and the child protection workers' degree of confidence in their decisions were recorded for each allegation. It was found that substantiated cases: (a) involved significantly older children; (b) were more likely to involve intrusive types of abuse and children of minority race; and (c) were less likely to involve a visitation or custody dispute. Characteristics of the child's disclosure served as the primary basis for substantiation decisions, although medical evidence and affective and behavioral indicators also contributed to the decisions. Case workers were less certain of their decisions when allegations involved young children and adolescents and when allegations were made in the context of custody disputes. In terms of investigatory procedures, anatomical dolls and drawings were rarely used, alleged offenders were interviewed in fewer than one quarter of the cases, and medical and law enforcement consultations were obtained at a higher rate than mental health consultations.     

An introduction to parental alienation syndrome

Parental alienation syndrome (PAS) can occur during a tumultuous divorce between embattled parents involved in a bitter child custody dispute. During parental warfare, a child is used as a weapon by one parent (alienating parent) against the other parent (alienated/targeted parent). The targeted parent-child relationship once encased with unconditional love is transformed by an unrelenting campaign of denigration, criticism, and hatred. Since nursing literature on PAS is almost nonexistent, the purpose of this article is to increase nursing awareness and provide basic information. Awareness of PAS symptoms and interpersonal dynamics is important to prompt nurses in recommending treatment for families. Nurses should collaboratively join other professionals in their quest to provide the best treatment possible.     

The Relationship between Social Dominance Orientation and Child Sexual Abuse Credibility Assessment

ABSTRACT

Allegations of child sexual abuse (CSA) across various contexts have often been denied or ignored by a multitude of people, including those who do not personally know the alleged perpetrators or victims. The lack of belief of children’s CSA reports is problematic, as this may affect the child’s adjustment, the consequences for the alleged perpetrator, and the likelihood of other victims reporting abuse that they experienced. One plausible explanation for low credibility is the variable of social dominance orientation. In the current study, a diverse sample (N = 60) read a hypothetical vignette of a CSA allegation, rated the credibility of the child, and completed the Social Dominance Orientation-7 scale (SDO-7). Results supported that high social dominance orientation predicts low credibility ratings of the child’s CSA allegation. Findings may impact how clinicians and investigators approach the assessment of credibility of CSA allegations, how they appraise the opinions of others about such credibility, and jury selection in the court system.     

Young Children's Problematic Sexual Behaviors,Unsubstantiated Allegations of Child Sexual Abuse,and Family Boundaries in Child Custody Disputes

ABSTRACT

Allegations of child sexual abuse are sometimes alleged based on a child's problematic sexual behaviors. When the allegations are unsubstantiated, child custody evaluators are asked to make recommendations regarding custody. Historically, it has been believed that if a child engages in problematic sexual behaviors it is strong evidence of child sexual abuse. Recent research finds that there are many reasons, other than overt sexual abuse, for children to engage in problematic sexual behaviors. This article outlines these reasons and provides a methodology for the evaluation of the boundaries in both parents' homes to assist in determining the possible etiology of the problematic sexual behaviors of the child. Suggestions are made regarding visitation and reunification if boundary concerns are found.     

Impact of Perpetrator Type on Attributions of Mother Fault in Child Sexual Abuse

Blaming nonoffending mothers for child sexual abuse has substantial negative consequences for both the mother and child victim. Although perpetrator type has been shown to influence how much blame and responsibility is placed on nonoffending mothers in child sexual abuse cases, research to date has focused primarily on perpetrators who are strangers to the child or the child’s biological father, ignoring the effect of other father-figure perpetrators. The current study examined how differences in perpetrator’s relationship to the mother impacted blame, responsibility, cause, and prevention as separate constructs. One hundred and eight participants from an online community sample were randomly assigned to read a vignette describing a child sexual abuse situation with a female victim and one of two perpetrators: the victim’s biological father or the mother’s boyfriend. Participants assigned significantly higher levels of fault for CSA to the mother when the perpetrator was the mother’s boyfriend. Implications and future directions are discussed.     

Are Children Protected in the Family Court? A Perspective from Western Australia

Despite a landmark High Court judgement in the area of child sexual abuse allegations (M and M, 1988), a major concern in such cases seems to be the fear that mothers use false accusations against fathers as ‘weapons’ in custody and contact cases. This paper seeks to examine the validity of such views as they apply to Western Australia. In particular, it examines the belief that false accusations are rampant; the questionable nature of ‘parental alienation syndrome’, the belief that young children's accounts of abuse lack credibility, and the ignoring of the effect of abuse itself on the nature of a child's testimony. The paper argues that the principle of ‘protection of the child's best interests’ should not necessarily be equated with the child having access, even supervised access, with a parent previously accused of having abused the child.     

The child abuse and divorce myth

When the authors of this article undertook a study into the way the Australian legal process managed child abuse allegations in custody and access disputes following partnership breakdown in de facto and legal marriages, they encountered what they came to think of as ‘the child abuse and divorce myth’. The myth centred around a belief that child abuse allegations made during or after partnership breakdown were weapons fashioned to gain advantage in the marital war. Therefore, they were not real; therefore, they should not be taken seriously. Despite little previous research, these views were strongly held by both families and professionals. The article examines the myth, believed to be an international phenomenon, and shows, in detail, how the study's findings do not support it. In fact, the findings from this unique study contradict the myth in its totality and in its specific aspects. Thus, it is argued that the myth should be abandoned and a new knowledge base for professional intervention that recognizes the reality of this problem be adopted instead. As a result of the study, a new specialized intervention program for children involved in residence and contact disputes where child abuse was alleged is being trialled in the Family Court of Australia. Hopefully, the introduction of further intervention programmes based on the reality of child abuse in these circumstances rather than on the myth will follow. Copyright © 2001 John Wiley & Sons, Ltd.     

Child Custody Evaluations in Cases Involving Sexual Abuse: A View from the Bench

SUMMARY

Psychological evaluation and testimony play a critical role in child sexual abuse cases, especially in custody and visitation cases. While the evaluation generally cannot determine whether sexual abuse has occurred, it can provide useful information to assist the court in deciding matters of custody and access in the face of the allegations. Judges need to know the standard of practice for the development of expert opinion in order to be able to evaluate testimony offered by custody evaluators. The informed judge can develop useful input by outlining expectations within the order for evaluation and actively regulating the gate for admission of expert testimony. Elements of a model order for custody evaluations addressing allegations of sexual abuse are proposed.     

Is the Concept of Parental Alienation a Meaningful One?

Many members of the judiciary do not yet accept the concept of parental alienation (PA) or parental alienation syndrome (PAS). It has not as yet been included in the Diagnostic and Statistical Manual of Mental Disorders–5 or International Classification of Diseases–11. This article discusses the concept of PA as meaningful and resulting from serious conflict before, during, and after separation of parents. It results in a child failing to have good contact with the now absent parent, despite the fact that the child previously had a good relationship with that parent. The concept of PA is defined and is differentiated into types. The behavior of the alienator and the alienated parent is described. The incidence, symptoms, and diagnosis of PA is also delineated, as are the long-term effects and treatment of PA.     

Forensic Interviews for Child Sexual Abuse Allegations: An Investigation into the Effects of Animal-Assisted Intervention on Stress Biomarkers

The use of therapy animals during forensic interviews for child sexual abuse allegations is a recommendation by the Therapy Animals Supporting Kids Program to help ease children’s discomfort during the forensic interview process. Based on this recommendation, this study incorporated a certified therapy canine into the forensic interview process for child sexual abuse allegations. This study investigated changes in salivary cortisol, immunoglobulin A, blood pressure, and heart rate as a result of forensic interview phenomenon (e.g., outcry) incorporating animal-assisted intervention versus a control condition in children (N = 42) interviewed for alleged child sexual abuse. The results supported significantly greater heart rate values for the control group (n = 23) who experienced sexual contact and/or indecency than the experience of aggravated sexual assault compared to no difference in HR for the intervention group (n = 19). The results suggest that the presence of the canine in the forensic interview may have acted as a buffer or safeguard for the children when disclosing details of sexual abuse. In the intervention group, children’s HR was lower at the start of the forensic interview compared to the control group. Finding an effect of having a certified handler–canine team available during the forensic interview on physiological measures of stress has real-world value for children, child welfare personnel, and clinical therapists. It is suggested that animal-assisted intervention be expanded to children facing other types of trauma and to treatment programs for child survivors of sexual abuse.     

Evaluating Allegations of Child Sexual Abuse Within Complex Child Custody Cases

SUMMARY

This article provides a framework for identifying and assembling the interdependent elements of a child custody evaluation with allegations of child sexual abuse. The identification of several myths regarding child sexual abuse (CSA) introduces the subject matter of this article. A forensic evaluation model (Heilbrun, 2001) is then used to organize the custody evaluator's tasks into the following sequential classifications: (a) preparation; (b) data collection; (c) data interpretation; and (d) communication of results. Through this model, the entwined tasks of evaluating the child's needs and the parents' capacities to meet the child's needs, while simultaneously examining the question of child sexual abuse, are addressed.     

Misogynistic cultural argument in parental alienation versus child sexual abuse cases

This article argues that major advances in parental alienation (PA) theory, since its inception as the Parental Alienation Syndrome (PAS), have not consistently been applied in custody litigation practice, because they do not serve advocacy needs; whereas, the misogynistic cultural argument in PAS, when relied on implicitly but not stated explicitly, can win cases. It first discusses advances in modern PA theory that eliminate misogyny. It then reviews feminist advances (1960s to 1980s) to show the threat to patriarchal power, and the fathers’ rights backlash, to explain their demand for legal redress. The hypothesis that a misogynistic cultural framework undermines evidence-based reasoning in child custody cases is supported with studies associating misogynistic beliefs with irrational thinking in multiple scientific areas, including child custody; and documents that show misogyny is a serious concern in the U.S. legal system. The article concludes by stating the need for evidence of misogynistic bias in custody decisions.     

Child Sexual Abuse Allegations Amidst Divorce and Custody Proceedings

This study describes 18 cases of child sexual abuse allegations investigaled by the Boulder County (Colorado) Sexual Abuse Team which revolved around divorce and custody disputes. Determining whether such allegations are reliable or fictitious presents a challenge to caseworkers who are apt to find themselves caught up in the highly charged atmosphere of divorce and custody proceedings. Initially, only 5.6% of the cases investigated were believed to be founded by the sexual abuse evaluation team. After applying the clinical process of validation used at the Kernpe Center in Denver. Colorado, the cases were subject to further review and categorized as follows: reliable accounts; recantations; unsubstantiated suspicions; insufficienl information; fictitious reports by adults; and fictitious reports by children. Subsequent to applying this clinical Drocess of validation. the number of cases categorized as founded hcreased to 44.4%. Application of a systematic process of validation by clinicians is suggested in the determination of whether reports are likely to be vacd or fictitious. Tentative conclusions are drawn which acknowledge that the atmosphere surrounding divorce/ custody proceedings can affect objectivity by clinicians and which suggest adherence to a systematic clinical process of validation.     

Parent physical punishment and child aggression in a Singapore Chinese preschool sample

We examine how parental physical punishment (caning and slapping) and child aggression are related, and possible moderation by authoritative control and rejection. A sample of 286 Singapore Chinese preschoolers ages 4–6 reported on rejection; their parents reported on control, caning, and slapping; and their teachers rated child aggression. Results show that father caning is related to aggression, regardless of child gender, whereas mother caning is related to child aggression only at low rejection. Mother slapping is related to sons’ aggression, whereas father slapping is related to daughters’ aggression only at low rejection. Control does not moderate any of the punishment‐aggression links. The punishment‐aggression link is thus a complex one, dependent on the dyad, the punitive act, and the parent's behavior.     

Perceptions of Abusive Parenting Behaviors: A Preliminary Exploration Into the Underrecognition of Mother–Daughter Sexual Abuse

ABSTRACT

The current study examined the influence of the sex of the parent and the sex of the child on perceptions of sexually abusive behaviors. Vignettes illustrating different forms of sexual abuse were rated by 124 participants, with the different parent–child pairs (mother–daughter, mother–son, father–daughter, father–son) substituted into the vignettes being the only difference between groups. Two-way between subjects ANOVAs revealed that sexually abusive behaviors by mothers were perceived as less damaging to child victims (F (1, 120 = 7.56, p < .01) than the same sexually abusive behaviors committed by fathers. In addition, sexually abusive behaviors by mothers toward daughters were perceived as the least abusive (F (1, 120 = 16.30, p < .001) and the least criminal (F (1, 120 = 4.44, p < .05) as compared to the other three groups. Results suggest that perceptions of sexual abuse may be influenced by perceptions of sex and gender.     

Visitations and Transfers After Divorce

Recent research reveals that divorce negatively impacts children's welfare as a consequence of the reduction in monetary and time contributions of the non-custodial parent. After divorce, the variables that link the absent parent to the child are visitations, child support transfers, and direct expenditures the non-custodial parent makes on the child. In our framework parents constitute a bilateral exchange economy where the mother is endowed with control over visitations and the father has control over financial resources. We use data from National Longitudinal Study of the High School Class of 1972 (5th follow up) to estimate the parameters of the model. We then use the estimates to simulate the effects of alternative endowment levels (such as joint custody) on the proportion of time spent with the non-custodial parent and the ex post parental income distribution. The results indicate that an endowment of equal time for both parents, reducing time under the mother's control implies a reduction in the child support transfers from the father, and, therefore, a loss in the mother's consumption levels. However, a more equally shared time with the children also increases the father's direct expenditures on the child, with the effect of allowing the mother to spend less on child goods and partially compensate her consumption loss.