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Saturday, April 7, 2012

FAMILY COURT USES PSYCHIATRIC LABELS TO TERRORIZE LITIGANTS!

I think it is a female thing, this business of going to a therapist.  Yes, I know real men have therapy too, but with women, I swear it's definitive to the gender.  We like therapy!  We like to chat!  We like to think that what we go through is so important that it requires counseling of some kind. 

Break a nail, go to counseling!  Have a sneeze, go the counseling!  Husband look at you cross eyed, go the counseling!  Kids bothering you, go to counseling!  In fact, I dare you to show me the woman who hasn't gone to counseling at one time or another, because I doubt you could find one. 

Now, I am all for doing what you can to deal with your problems, and if you are a protective mother, you have ten times more reason than most to be in counseling.  But the problem is, if you are in counseling, and you end up with a diagnostic label, what will that mean when it comes to your divorce and custody battle.  It will mean serious problems for you. 

These problems can be so serious that I have even advised people to just see a counselor and not tell anyone and not apply to insurance for reimbursement.  That way the whole enterprise is hidden and no one will find out about it.  Then you have this private consultant no one knows about whom you can use as a support for your struggle.  What does a psychiatric label do to you?  What damage does it cause?

LOWERED EXPECTATIONS:  When I first met with my divorce attorney, he was very eager to move forward with the divorce.  He told me about the aggressive strategy he expected to follow through on and the tough motions he intended to file at trial court.  Then the opposing attorney called him and gave him all sorts of information regarding the psychiatric label I'd been given years ago. 

Then, all of a sudden, my attorney told me he didn't think he could accomplish as much as he said he could previously.  His output in my case slowed down to almost nothing as he failed for follow up on motions he'd already submitted and he pretty much dragged his feet about the other tasks that needed to be done such as establishing a solid parental reponsibility plan or filing subpoenas in order to obtain financial information. 

My attorney wouldn't come to the phone when I called and wouldn't call me back even when I left a message asking him to do so.  All of a sudden I heard that I couldn't expect to achieve this goal or that goal.  In other words, I was supposed to accept much lowered expectations than I would have had to had I not had a psychiatric label. 

INADEQUATE PROTECTION:  Throughout the pendente lite period, my ex husband refused to provide the child support that he had agreed to, refused to maintain the family car that the children drove around in, and allowed our home to fall into disrepair.  He pretty much emptied the house out of all of the property that we had and transferred it out of state to a home that he was staying in. 

He continued on to neglect the children, refusing to care for them properly when they were in his care, leaving them out in public places unsupervised, i.e. leaving them in the car in the parking lot of a shopping center with the keys in the ignition.  When I brought these concerns up to the GAL and to my attorney, I was pretty much ignored, even though I put these concerns in writing and faxed them. 

Later, when the custody evaluation came out, the psychiatrist described my attempts to get something done about the injustice I experienced as an expression of oversensitivity, vindictiveness towards my ex husband, hypervigilance, and narcissism.   In other words, because of that original psychiatric label, they thought I was just making it all up.

PROLIFERATION OF ADDITIONAL PSYCHIATRIC LABELS: When I initially filed for divorce, I had one or two diagnostic labels that my therapist had included in bills submitted to my health insurance company.  By the time the divorce was finished, I'd had a broad range of labels thrown at me--controlling, domineering, histrionic--you name it, I was supposed to have it. 

I almost ended up with the diagnosis which is known as the kiss of death--Borderline Personality Disorder--but ultimately even though it was bandied about the label never stuck.

After a while, all that your attorney, or the GAL or the trial court sees of you are the broad range of labels that have been stuck all over you.  They no longer see the person and they become totally deaf to the story that you are telling them, about the abuse you've experienced, the financial fraud; all of that is completely eclipsed by the labels.  Because once you have labels, it becomes impossible for people to see anything else about you.

PERMANENT SUPERVISION FROM MENTAL HEALTH PROFESSIONALS WHO ARE THERE TO REPORT TO THE COURT:  The end result is that, once the custody evaluation in your case has been completed and you have taken a psychological test confirming additional psychiatric labels, the trial court will take steps to place you under permanent supervision by mental health professionals who are put into place to report back to the trial court regarding your behavior. 

This supervision can arise in the form of family therapy which is ordered just for you and the children, rarely for the abusive spouse, and also through the appointment of a parent coordinator or conflict manager. 

These people are not accountable to you; they are only accountable to the GAL and the trial court, both of whom are generally run by the abuser in your life.  In other words, mental health professionals simply become the means whereby the abuser continues to dictate to you exactly how you are going to live your life and parent the children, and if you don't comply, the mental health professionals working with you will simply label you as "crazy" and threaten or actually simply take the children from you. 

Every new mental health professional you and the children see provides an additional level of documentation that will misrepresent what is going on in your case.  Before you know it, if you don't do as you are told, you will only be seeing your children for an hour, once a month, under supervision, if you are lucky, and if your ex husband allows it. 

THE RIPPLE EFFECT:  And it doesn't stop there.  Once there is a document describing you in the light of psychiatric labels, those labels will drift out into the conversation of everyone associated with the case.  Your ex husband will mention it to all your friends and relatives and make reference to them in school conferences. Not only will you get a diagnosis, but all your children will have a diagnosis as well. 

It becomes one great big party for all, more reason to diagnose, more reason to label, more reason to put you and your children on psychiatric medication, more reasons for more therapy, more reasons to spend thousands and thousands of more dollars on mental health treatment that, trust me, will never end.

The rumors and misrepresentations regarding your mental state will continue to spread all the way down the line until you are surrounded by each and every one.  It is worse if your case goes to appeal and the judgements in your case end up published on the internet and then those diagnoses and misrepresentations end up being read by people throughout the United States and the world.  It never ends.  It is the gift that keeps on giving. 

SO WHAT CAN BE DONE?  Stay away from mental health professionals throughout the entirety of your divorce unless you are willing to pay them in cash and not mention them ever.  Avoid custody evaluations.  You don't actually have to have one.  I know of people in high conflict divorces who simply refuse to participate in a custody evaluation. 

Simply refuse to participate whenever you are called to do so.  Say it is against your religion.  Say anything.  But don't let those slimy mental health professionals, widely known throughout family court by people who truly know as "whores of the court", destroy your life.

There has been a strong consumer/psychiatric movement throughout the United States and the World, leading to the establishment of organizations that are ready and willing to challenge the assumptions and prejudices generated by the mental health system.  Those of you who are struggling with corrupt mental health professionals during your divorce may find such organizations helpful.  A few of the most well known are as follows:

www.mindfreedom.org
www.psychrights.org
www.power2u.org

10 comments:

  1. Thanks for this very good post, Cathy. A few years ago, I wrote an article for the ISPS Newsletter titled, "Why Clients Should Not Take Psychotherapists into Their Confidence." http://psychrights.org/Articles/GottsteinOnConfidentialityInISPSNewsletterMarch2007.pdf I failed to mention the divorce situation, but I should have. Thanks for this very good post.

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  2. Jim, it is great to hear from you. I am aware that you have been doing excellent work fighting for the rights of consumers and psychiatric survivors over the years. I hope everyone who reads this post takes the opportunity to check out your website which I have posted above: www.psychrights.org.

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  3. It can work the other way around. If your spouse has a psychiatric label that the GAL does NOT want known for whatever reason (e.g. scared of the person killing themselves and ruining their reputation regardless of the psychological trauma they are inflicting on the children), the GAL will do everything to make sure you can never prove that label and will perjuring themselves about the facts of the label. This is disgusting.

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  4. So labels can be used to stigmatize people as well as to avoid holding abusive parents accountable. I think the emphasis has to be on what is going on with the children. Are they being fed, clothed, housed? Are they handing in their homework? Are they getting to school on time and participating in their after school activities? When you focus on what is going on with the children and stop focusing on a single damning label, it becomes more clear what needs to be done to protect the best interests of the children. I find your comment very to the point and very insightful. Thanks.

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  5. Cathy, I just found your post and I enjoyed reading it. . . but at the same time it scared me. I am in this precise situation. I need to know where to turn. I was married for over 15 years. It was a horrible marriage. . . I had access to really nothing. All was controlled by my husband. The emotional, mental, and psychiatric abuse did not end. I have three children. I was the one who cared for all of them. My husband was having affairs for 15 years with men. Each year he broke me down more and more and more. He would hide everything from me or lie about anything. I would ask questions but the more I asked, the more abuse. He constantly called me "crazy". There were threats on me and my children. Each and every time I tried to leave the marriage I was told I would have to leave without the children and told I was a "bad mother" if I abandoned them. I stayed. During my divorce, my husband did things to me that continued the abuse despite a restraining order. I hired an attorney who promised me the world. My husband refused to pay the pendente lite support and made so many false allegations against me with threats of arrest. I can't even list the things that were done to myself and our children along the way. I eventually got sick from it all as I did married and I did have to go to the hospital as my body was in totally breakdown. I have been to support groups for years on abuse. I did begin seeing a psychiatrist and a therapist as well. I was put on medication. I truly don't even know if the medication is right for me, but I am on it. I see a therapist once a week and have my children in counselling as well. I thought that these were good things to be doing to help us through it all but now I fear that my husband is trying to have me declared incompetent in some way. I am a good mother and have always been their caretaker. It is he who has not been. My attorney eventually stopped doing anything and finally was released for my lack of ability to pay but I think she just did not want to represent me anymore. I feel like this was all a plan by my husband to drive me crazy by abusing me and utilizing my children. It is so painful and I don't know where to turn. A year in to the divorce (after not wanting the children much initially) he filed a custody battle and we were forced to hire a child custody expert who my husband got to choose. I don't have a specific label to my knowledge. . . bipolar ii depressive type was mentioned and complex ptsd but nothing really firmed up that I know of. My problem is that I know I have these issues because of the abuse. For me it was abuse at work because my husband forced me to work with him and this extended to homelife. . . there was no escaping it. I just want to do right for my children and I thought therapy was good but now I fear the damage in this divorce. I thought a divorce would free me from the abuse but it turns out I am just abused more going through it.

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  6. If you would like to discuss this with me further, you can contact me at: Slopercathy@gmail.com. I want to tell you that I do not believe that you "don't have a specific label" but that you are taking Medication. Tell me your medication and I'll tell you your label. Mental Health Professionals are not able to bill insurance companies without a label. So if you have an insurance company paying your bill, you have a label. Plus, it would be unethical for any mental healthy professional to treat you without a specific diagnosis. One of the most important things to do as a litigant and in defense of yourself and your children is please don't lie to yourself, tell stories to yourself, or put your head in the sand because it is all too painful for you. The beginning of taking control of your life is to face reality. Hello reality, you suck but you are there! Once you face reality, you can begin fighting those parts of it that are going wrong in a very effective way. One thing you should be aware of is that the trial court should not discriminate against you based upon a disability. You need to send in an ADA request for reasonable accommodations and protections against discrimination. That form is on the CT judicial website. Don't worry if Sandra turns you down. Sandra turns everyone down. What you need is to have the request on the record. Anyway, your story is not a surprise to me. There are many other people like you out there, so you are not alone.

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  7. Just in general, for folks in custody battles where mental health diagnosis is at issue, what you need to do is emphasize your functionality. What do you do as a parent which is in the best interests of your child and structures his or her daily life and serves the childs needs despite the diagnosis. In a practical way, does this diagnosis, in any real sense show evidence of its existence in your daily life. If it does not, if your symptoms are well under control due to good treatment and medication and you are ever day doing what a normal parents does on behalf of the child, if not more so, and the mental illness you supposedly have is undetectable, then how can such a mental illness possibly be of concern to anyone, let alone a GAL, the court, or your X. This is what I would consistently, and repeatedly, emphasize.

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  8. To poster: Anonymous August 25, 2012 10:22 AM- I think Dr. Drew Pinsky is a person who can bring attention to this problem..there is always a conflict between the family courts and mental-health treatment brought on by the family problems, while the perpetrator is allowed to skate by with little less than merely a slap on the wrist. Family law & the judges that run them are archaic in their reasoning & the rules & laws need to be updated to reflect the needs of the less powerful litigant, which is almost always the woman. Check out the term "Maternal Alienation" as it is a theory that explains how all of the systems that come into contact with the mother perpetuate and/or cause further stigma, abuse, disempowerment to the woman. Here's a couple links. The first link is a great resource for all things related to family court:http://www.thelizlibrary.org.
    The second link is the actual article on "Maternal Alienation": http://www.thelizlibrary.org/liz/maternal-alienation.html.
    I'm not affliated with any of those sites, I just happened to come upon that info while researching family law on Google.

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  9. Thanks for this feedback and this information. I am aware of the liz library. It is an excellent source of information for women caught up in high conflict divorces.

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  10. As for Dr. Drew Pinsky, I am not so sure about him because he has been accused of promoting the depression drug Wellbutrin for money. I'm not sure if that's true, but if so, such behavior is entirely unethical.

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