Judgments regarding parental alienation when parental hostility or child sexual abuse is alleged

Abstract

Allegations of Parental Alienation (PA), the systematic disparaging of one parent by the other parent aimed at alienating their child’s affections, as a basis for child custody decisions are highly controversial. Claims of parental hostility or allegations of child sexual abuse in custody cases may trigger concerns about PA. Family court professionals (N?=?280) rated young children’s accuracy of report (e.g., suggestibility, honesty) in general and also read three custody scenarios varying as to whether or not they included allegations of parental hostility or child sexual abuse, or no such allegations. For each scenario, the alleged alienating parent’s gender was experimentally varied between subjects. Participants rated the likelihood that each case involved PA. For the scenario that included allegations of child sexual abuse, professionals who viewed young children as more inaccurate reporters or who read about the mother (rather than a father) as the alleged alienator were more likely to rate the scenario as involving PA. For the scenario that described parental hostility but no child sexual abuse allegations, professionals who were older or female were more likely to judge the scenario as involving parental alienation when a mother (rather than a father) was the alleged alienator, whereas there were no significant predictors of responses to the no-allegation scenarios. Findings are discussed in relation to the difficult task of evaluating custody cases for PA when parental hostility or child sexual abuse is alleged.     

Factors Related to Prosecution of Child Sexual Abuse Cases

ABSTRACT

This study explored how various factors regarding the victim, offender, abuse situation, and case evidence were related to prosecution decisions in child sexual abuse cases. Data were collected from records of 200 closed child sexual abuse cases served at a southwestern United States agency during 1989–1990. Results indicated that cases involving recently reported abuse and offenders who were charged with abusing multiple child victims were significantly more likely to be prosecuted than cases involving less recently reported abuse and offenders charged with abusing only one victim, respectively. In terms of the victim-offender relationship, prosecution was most likely for cases with offenders who were strangers, next most likely for acquaintances and step and extended family members, and least likely for biological nuclear family members. Also, cases with medical evidence of abuse were more likely to be prosecuted than cases without medical evidence only when serious abuse was involved. In addition, prosecution was significantly less likely for cases with younger victims than for cases with older victims. Seriousness of abuse, the presence of medical evidence, and recency of abuse did not account for this victim age-prosecution status relationship. Furthermore, no cases involving possible custody disputes were prosecuted. Implications are discussed concerning the need for focused and integrated efforts in responding to allegations of child sexual abuse.     

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.     

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.     

Safety First

Abstract

A substantial percentage of contested child custody cases involve allegations of domestic violence. The impact on the psychological health and physical safety of the child exposed to domestic violence has only recently become a focus of the courts' and child custody evalu-ators' attention. Currently, the majority of state statutes include consideration of domestic violence in “best interests” child custody criteria. However, many of the statues do not provide the child custody evaluator the specific criteria to consider, especially if the domestic violence allegations have not been previously reported to authorities prior to the commencement of separation and divorce proceedings. This article presents the first three steps of the six-step Safety First Model, designed to assist the legal and psychological professions to focus on the priorities on the safety of children exposed to domestic violence.     

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.     

Ethical Violations: What Can and Does Go Wrong in Child Custody Evaluations?

Child custody evaluations can have a significant impact on the adjustment and well-being of children and family members. Custody evaluators must be qualified and held to the highest professional standards. The authors of this article review custody evaluations and often witness inadequate and unprofessional evaluations. In this article, ethical mistakes seen regularly are highlighted. Many mistakes occur when cases are complex and include allegations of child maltreatment or intimate partner violence. Therefore, it is important that custody evaluators be trained in family and child psychology, attachment dynamics, psychological assessment, child abuse, and intimate partner violence. Child custody work needs to be monitored closely to ensure that mistakes can be eliminated in order to avoid unnecessary harm to children and families.     

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.     

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.     

Examining Questionable Child Sex Abuse Allegations in Their Environmental and Psychodynamic Contexts

Unwarranted, questionable and uncertain allegations of child sexual abuse may not be discerned easily in 2 or 3 clinical sessions. This paper begins with a discussion of environmental circumstances conducive to questionable allegations, such as previously determined invalid cases, continuously symptomatic children, and litigated cases. Next are considered conditions related to the involved children: problems with trusting the evaluator, ongoing psychological accommodation to the molester, need for rapid decisionmaking with a well-defended child, the child's amnesia, a child unconcerned about sex abuse, and entrenched psychopathology. Finally, ways to improve clinical pursuit of questionable allegations are offered: seeing the child and parents over a longer time period; intensifying the focus on family and molester-child dynamics; and ascertaining the current family milieu promoting non-disclosure of sex abuse. Eleven case examples are presented.     

Is It Abuse,Alienation, and/or Estrangement?

Abstract

Allegations of family violence, child abuse, and alienation often occur in the same contested child custody case. Custody eval-uators often are poorly trained in forensic assessment of allegations of domestic violence and allegations of alienation. The authors of this article suggest language that is designed to differentiate between cases in which the term alienation is appropriate, as in non-abuse cases, and when it is best to use other language such as estrangement sabotaging, and counter productive protective parenting in cases where there is abuse. This article describes a decision tree that is designed to assist evaluators in identifying the causes of multiple allegations of maltreatment and abuse.     

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.     

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.     

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.     

The marginalisation of children by the legal process

A major study carried out in the Melbourne Children's Court, Victoria, Australia, during 1993–1995, of the factors that influence magistrates' decision-making in child abuse cases, found that magistrates relied more on their legal training and individual discretion than on information from the child protection service when making these decisions. Magistrates' emphasis on adversarial procedures meant that the need to establish the facts in a case was the court's primary consideration and that children's interests, and welfare concerns about them, were marginalised in the hearing of child abuse matters. The article reports on this aspect of the larger study: how the adversarial process ill serves the rights, and best interests, of children in the hearing of child abuse matters and provides case examples to illustrate this. The information is drawn from the qualitative and quantitative data gathered for the major study; data collected from the observation of court hearings, interviews with magistrates and court record analysis.     

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.     

Prosecution of Child Sexual Abuse Cases Involving Preschool-Aged Children: A Study of Swedish Cases from 2010 to 2014

Alleged child sexual abuse against preschool-aged children is often considered one of the most challenging cases for a prosecutor to handle. The aim of the current study was to examine differences between prosecuted and discontinued cases of alleged sexual abuse of preschool-aged children. Data from Swedish criminal cases of alleged sexual abuse of children ages 2–6 issued from 2010 to 2014 were analyzed (N = 130). Prosecuted cases were more likely to contain forensic evidence (documentation of abuse, corroborative DNA evidence, or a corroborative medical examination), or a confession from the suspect, while such evidence was not available in any discontinued case. Furthermore, cases where the child was older, where the prosecutor had decided to conduct an interview with the child, and where there was more than one alleged victim were more likely to be prosecuted. Factors that were associated with a decreased likelihood of prosecution were ongoing custody disputes between parents, foster care placements prior to the abuse, and if the report concerned a boy. Boys and younger children were also less likely to be interviewed. The results suggest that prosecution of sexual abuse cases involving preschool-aged children remains difficult and that there is room for improvements in these investigations.     

Representation of children's views in court hearings about custody and parental visitations — A comparison between what children wanted and what the courts ruled

PurposeFollowing the UN convention on the rights of children, a shift in policy towards greater emphasis on child participation in child protection case processing has occurred. A growing body of research has emerged concerning participation processes in child protection cases and the experiences of children in child protection cases. Very few studies have looked into if and when children get what they want, however. The aim of this study is to assess children's views about living arrangements and visitations in dependency court hearings and to compare these views with the rulings of courts.MethodThe study uses a retrospective cohort design. Cases where child welfare board rulings are in line with the wishes of children are compared to cases where rulings differ from the wishes of children. Data were collected from regional social welfare board archives. The study included 151 cases that were randomly drawn from a total population of 2481 cases. Simple and multivariate logistic regression was used to identify factors associated with the rulings being in accord with the child's wishes in each sample case.ResultsA child advocate was appointed in almost 95% of the cases (n = 142). Fifty-nine percent of the children did not want a change in care. Rulings about care were in line with the wishes of the child in 39% of the cases. Rulings about care were most likely to be what the child wanted, if the child was presently living in public care and did not want to move. Children wanted more visitations with their mothers in 60.5% of the cases and with their fathers in 39.8% of the cases. Whether children wanted more visitations with their mothers was associated with more visitations being granted. What a child wanted was not associated with the ruling on visitations with the child's father.ConclusionThe impact of children's views on visitations on dependency court rulings depends on what a child wants and how these desires coincide with what is proposed by child protection services. Children's views can be quite effective in blocking certain decisions but are less effective if the child requested a specific change. If a child does not want to stay with his or her birth parents, then the odds that the birth parents will be granted custody is minimal.     

Beyond Munchausen by Proxy: A Proposed Conceptualization for Cases of Recurring,Unsubstantiated Sexual Abuse Allegations

In the emerging literature, cases involving recurring, unsubstantiated allegations of child sexual abuse have generally been categorized as Munchausen by proxy. Recent scholars have recommended restricting the label to the original conceptualization, involving purposeful deception motivated by psychological needs for medical attention. This leaves many cases unclassified that do not fit the Munchausen by proxy criteria, involve significant risks to the child, and ultimately fall outside of existing structures for Child Protective Services/legal intervention. This paper presents a reconceptualization of such cases, proposing to label them “recurring sexual abuse allegation” cases. Defining the set of cases more clearly can aid child protection workers in their management and encourage research on prevalence, consequences to children, treatment strategies, and needed legal reforms.     

Broadening Our View

Summary

The growth in child welfare caseloads and the increasing use of kinship foster care has raised new questions about effective permanency planning. The majority of children in kinship foster care are children of color and have been less likely to exit the custody of the child welfare system than children placed in traditional foster care. Permanency planning which ensures the long-term protection and well-being of children from diverse cultural backgrounds requires a broad view of family, ongoing striving for cultural competence, collaboration between the formal child welfare system and the kinship systems of children in state custody, and a long-term view of permanency planning and child-rearing that builds on the case-management capacities of kinship networks to support permanent plans, looks beyond the child's exit from state custody, and helps families and larger kinship systems make long-term plans for the protection, permanence, and well-being of children.