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Showing posts with label REFLECTIONS. Show all posts
Showing posts with label REFLECTIONS. Show all posts

Monday, September 23, 2013

IS LOVE THE ANSWER? THE CHRISTIAN RESPONSE TO HIGH CONFLICT DIVORCE!

I actually dragged myself out of bed this morning and made it to Church.  Then to make the experience extra special, I pulled my kids out of bed and took them along as well.  Just from that you can tell I am really serious about this.  It's my new fall resolution--make it to Church! 
 
When I walk into the Church, they ordinarily give me a bulletin with the order of service and various tidbits about activities for the upcoming week.  Usually, the front of the bulletin has some great religious artwork or a quotation from some renowned Christian thinker. 
 
Today's quotation came from Tim Keller's work, "The Reason For God" and stated the following:  "The pattern of the Cross means that the world's glorification of power, might, and status is exposed and defeated.  On the Cross Christ wins through losing, triumphs through defeat, achieves power through weakness and service, comes to wealth via giving all away.  Jesus Christ turns the values of the world upside down." 
 
I will admit statements like these irritate me so much I sometimes skip Church because they seem to say that our greatest Christian ideal is to be a victim. 

I can recall when I was a child and teenager growing up in an abusive home finding these kinds of peace loving sentiments very difficult to grapple with. Like many helpless young people in tough circumstances, I turned to my faith in Jesus Christ and to the bible for comfort and for guidance.  It was there that I learned that the best response to my family's abuse was submission, love, and nonviolence.  This is an interpretation of what Jesus intended that I have come to be very skeptical of in my later years. 
 
To start with there was the admonition in the fifth commandment to "Honor Thy Father and Mother." 
 
Really, what about when they are beating you up? 
 
Then there are the words of Jesus, "Love your enemies, do good to those who despitefully use you." Mathew 5:44"  And then what about Mathew 5:38-40 where Jesus says "You have heard that it was said, 'An eye for an eye, and a tooth for a tooth.' But I say to you, do not resist an evil person; but whoever slaps you on your right cheek, turn the other to him also. If anyone wants to sue you and take your shirt, let him have your coat also." 
 
That sounds fine, but what about when they slap the right cheek, then the left cheek, and then keep on going--left, right, left, right--until blood starts to flow. 
 
"Those who live by the sword will die by the sword." Mathew 26:52. 
 
Seriously? 
 
I want to tell you that I love God and find more inspiration in his Word than in any other document that I read.  It is very hard for me to restrict myself to the scripture reading in Church services.  Inevitably if I pick up the bible to read along with the lectionary, I end up continuing to read on and then I often find connections elsewhere in the bible to the point where I often end up missing half the sermon.
 
However, these comments about not resisting your enemies I tend to leave behind on the doorstep of faith along with other dubious bible verses like the ones about handling snakes, see Mark 16-18. 
 
Now, I am not the kind of person who likes to cherry pick through the bible and only hold up as truly the Word of God those sections that I believe in while disparaging the rest.  If the bible says it, I believe it.  This has always been my position. 
 
Where I do question is where I find context--in other words, what do you do when a statement in one part of the bible appears to contradict what it says in another part of the bible.  How do you deal with that when it happens?  How do you interpret what God wants you to do in the light of the gospel in its entirety. 
 
Where this applies in regard to the question of loving your enemies is, how do you understand that concept in the light of Jesus' actions in overturning the moneylender's tables, and driving them out of the temple, see Mathew 21:12?
 
What about Jesus' comments "Do not give what is holy to dogs, and do not throw pearls before swine, lest they trample them under their feet, and turn and tear you to pieces." (Matthew 7:6). 
 
From my perspective, what Jesus is trying to say when he talks about turning the other cheek is that there is no need to respond to every provocation with an aggressive reaction.  There could be a reason why a person is attacking you, and if you show self control and ask first what is going on, that kind of wise self restraint could avoid an unnecessary and avoidable confrontation.  What this means is that you give the aggressor the benefit of the doubt and you give him or her second, and third chances, if not more, depending on your sense of things, to do better. 

What Jesus is pointing out to us by cautioning us to go the extra mile with an aggressor is that sometimes people are mean, vicious, and violent, not because that is who they are, but because something terrible has happened and they need your help in solving their problems.  If you can avoid responding in kind in circumstances like this, and instead reach out the hand of friendship and support, the result can often be the formation of strong and enduring friendships with people who once considered themselves your worst enemy. 

It seems to me that a nonviolent response to my enemies only has a chance of working when there is the seed of redemption in those individuals.  If there is the least possibility that a peaceable response to the actions of evil people will lead to a good result, despite the many risks such a response entails, certainly I think any Christian has the obligation to try. 
 
What are you relying on?  You are relying on God, first of all.  But also you are relying upon the possibility that your enemy has some shred of conscience which will begin to take root and that your loving response will change that person's behavior for the good.  It is a risk, but a calculated risk, that requires self restraint, patience, and understanding to evoke and nurture the potential for good that lies within so many of our enemies. 
 
Gandhi relied upon the inherent decency within British culture to transform his nonviolent campaign for Indian Independence into the driving force that it became.  I can say the same for Martin Luther King, Jr. and the Civil Rights Movement in America.  He relied upon the appeal to our better natures.
 
On the other hand, I always will say that Dr. King and Malcolm X leveraged that change together.  In the Civil Rights Movement it wasn't so much a question of the decency fundamental to the American Conscience, it was the choice Martin Luther King, Jr. presented to our government--you can either accept our offer of peaceful change or face the threat of violence Malcolm X posed when he said that African-Americans needed to defend themselves "by any means possible", confronting our government with the prospect of blood in the streets. 
 
But what should you do when your enemies do not have the capacity for good in them and have demonstrated repeatedly that your loving response only provides them with more ammunition with which to attack you, let alone others?   
 
For example, my family members who harmed me continued to harm me throughout my life even up to the present, and some continue to attack me even now.  The loving response I had to their actions, the fact that I continued to love them, that I did good to them, that I turned the other cheek, that I gave them of my stores of kindness only gave them the ability to continue on with what they were doing for a longer period of time, to hide behind the denial, and then later turn around and accuse me of being crazy when, as an adult, I began to speak out about what they had done. 
 
If I could go back to my teenage years to give advice to the young girl that I once was, I would say I don't care what you mistakenly think Jesus meant, you need to speak up, you need to report your family to the authorities, you need to leave home and go to the police, you need to speak to school authorities and stop the violence against you. 
 
Further, I would say to my old self, you do not have to tolerate abuse, and Jesus would never expect you to. Allowing abusers to abuse is not love.  You show love to your abusers, the most Christian form of love there is, when you speak out and expose them.  Otherwise, they will just continue down the path of committing greater and greater wrongdoing. 
 
If there is one thing advocates in domestic violence have observed most clearly about abusers it is that the more they are allowed to torture and harm others, the more their destructive behavior escalates. Thus in high conflict divorce, in our custody battles, if  we as protective mothers had approached our cases with "weakness and service" none of us would have custody of our children let alone a roof over our heads. And without some form of wealth to pay legal fees and expert witnesses, we'd be nowhere.  
 
If your child is being sexually abused in your divorce, are you truly going to give up and agree to defeat rather than protect your child?  Is that what God wants?  I don't think so.  I'm not terribly invested in "power, might, and status" but if it will prevent my ex husband from abusing me any further, I will certainly fight for it and use whatever I have of it to protect myself and those I love. 
 
Failing to act in self defense, failing to speak up for ourselves, that adds up, in my view, to casting your pearls before swine, and who gave you pearls?  God gave you pearls. So if you choose to take those gifts you have--your children, your body, your hope for the future--and fail to protect it, that is like taking the gifts God has given to you and disrespecting them.  I cannot believe that this is what God wishes for any one of us. 
 
Jesus said in Mathew 5-25-26 "Settle matters quickly with your adversary who is taking you to court. Do it while you are still together on the way, or your adversary may hand you over to the judge, and the judge may hand you over to the officer, and you may be thrown into prison. Truly I tell you, you will not get out until you have paid the last penny." 

This is really solid advice, and I always tell people whenever possible try mediation, try to find solutions outside of court, work towards agreement whenever possible.  Don't insist on provisions that are simply a matter of pride because pride doesn't bring up children or pay the bills.  I will also tell people to focus on what the provisions will actually give you.  For example, I was once quibbling over whether or not my ex got the Monday vacations in our agreement.  Then my father pointed out that even if my ex had those 5 or 6 Monday vacations, I still had residential custody of the children, so why was I making a big point about a few extra days.  Is it your rights that matter, or what you actually got.  This is where love matters, where Christ calls you to dig into your capacity to be magnanimous and to be gracious so that you do what is right.
 
However, with abusers, they will never compromise, and they will never work with you.  If you try to be gracious and magnanimous we are even more likely to be handed over to the judge, to the officer, thrown in prison and bankrupted. If we don't fight back it wouldn't just be many of us going down that route; it would be all of us--100%.  Because ultimately that is what these perpetrators want; they want our complete destruction.  I can still remember my ex chortling and crowing over our impending divorce with his sister, celebrating the fact that he planned on getting sole custody of the children and throwing me out on the street penniless.  If he could have done that because I didn't fight back, he would have.
 
So what is the Christian response to the high conflict divorces we find ourselves in?  We must fight back with every resource in our possession.  At the same time, however, we must maintain our focus on Christ, our Savior, and be guided in all things related to our divorce by His guidance and wisdom. 
 
In Al-Anon (the family and friends organization associated with A.A.) I often heard the caution, that I should be careful not to become a monster by fighting monsters.
 
It is important to speak out about the truth.  It is important to protect our children from harm.  It is important to protect ourselves from harm.  It is important to make sure we have the financial resources necessary to care for ourselves and our children.   It is important to establish the kind of clearly delineated boundaries that are essential to keep us protected from abuse. 
 
However, it is not necessary to indulge in gratuitous cruelty.  It is not necessary to be deliberately provocative.  It is not necessary to humiliate or degrade others, and it is not necessary to destroy the abusers the same way they sought to destroy us. 
 
If you are getting the worst of it in court, if your reputation is being destroyed, and you are under attack, you can hold your head high, you can be strong and you can be courageous, because God loves and supports you and every action you take to fight for your rights; God sees, understands, and upholds you.  Never forget Mathew 5:11-12 at the end of the Sermon on the Mount where Jesus says, "Blessed are you when  people insult you, persecute you and falsely say all kinds of evil against you because of me.  Rejoice and be glad, because great is your reward in heaven, for in the same way they persecuted the prophets who were before you." 
 
Christian love is not all about being a wuss.  I am always a little turned off by the phrase "Gentle Jesus meek and mild." 
 
Seriously? 
 
Do you want to know all the many times in the gospel where Jesus confronted people, where he was verbally aggressive, where he demanded answers, where he challenged people to do what is right, not what is convenient, where he threatened people with hell. 
 
Think of all the times where Jesus ripped the masks of pretense off the faces of his disciples or those who came to him with questions. 
 
Mathew 10:34, "I did not come to bring peace, but a sword." 
 
Christian love does not consist of telling lies and pretending everything is fine.  Jesus never meant for us to act like doormats and live on our knees.  That's hardly a victorious life in Christ. 

Christians have a long tradition of speaking up and stating what they believe no matter what the cost.  For example, there is George Fox, the founder of the Quaker religion who stood before Judge Bennett and told him to "tremble at the Word of the Lord."  After posting his 95 theses on the door of the All Saints Church at Wittenberg, Martin Luther is credited with saying, "Here I stand.  I can do no other, God help me. Amen."  And there is Hugh Latimer who in his final moments when he was burned at the stake turned to his friend Nicholas Ridley and said, "Be of good comfort, Mr. Ridley, and play the man! We shall this day light such a candle by God's grace, in England, as I trust never shall be put out."
 
Christian love is telling the truth.  When we fight for ourselves and for our families, when we confront the abuser and do our best to hold him accountable, we are following a path that Jesus walked before us and calls us to follow. 
 
Christian love is loving ourselves as we fight abuse and defend our children. 
 
Christian love is in fighting the abuser and continuing to confront him with the truth. 
 
We cannot surrender.  We cannot go meekly to the slaughter.  On the contrary, I believe the truly Christian response to the problem of high conflict divorce is having the courage, through God's grace, to fight back and defend ourselves and our children.  There is no greater love than that.

Friday, September 13, 2013

SIZE 10 KNITTING NEEDLES RESCUED FROM THE PILE!

Divorce is tragic, not only because it destroys something precious, a marriage.  It is also tragic because it destroys a life--a life that once defined so much of who I was, that gave me a context. 
 
Even as I pull three ring notebooks from their shelves to review case law and search the internet for statutes that might help me in my court actions, I am still occasionally reminded of the life I left behind. 
 
It might be a crumpled picture left in a drawer with my ex and I arms around each other, staring at the camera as if we didn't have a problem in the world.  Or it might be something else, like the size ten knitting needles I rescued today from a pile of junk in the back of my closet. 
 
It may surprise you to know that I actually knit, and one of the first activities I had to leave behind when I divorced was knitting.  I'm just too busy taking care of a household as a single mother with children and earning a living.  There never seems to be any time for me to sit down and have the leisure to start up a new knitting project. 
 
Besides, after I filed for divorce everything I had seemed to implode--my books and papers went into storage, I outgrew my wardrobe because the stress made me eat more, and all my friends disappeared. 
 
Along with that went my knitting needles--all of them seemed to lose their pairs and disappear into random locations in my house.  It is really hard to knit anything with only one needle--very symbolic of course of what I'm going through now! 
 
Amazing then, that I came across this one intact pair of size 10 knitting needles all ready to go. 
 
Plus, for five years now I have had a sticky note with a pattern for a prayer shawl stuck on my kitchen wall.  That's it, I said today, it's a sign from God! 
 
So today I drove down to the local craft store and picked up some yarn so I could start my knitting project.  As it turned out the store didn't have exactly the right kind of yarn, but I just bought something equivalent anyway.  If there is one thing I've learned in the years since the divorce started it is to be satisfied with a fair approximation. 
 
The first thing I had to do was cast on 57 stitches onto one of the needles.  Most of being able to do this involves muscle memory.  I had to let my fingers remember the feel of the right movement required to put the stitches in place.  After a few false tries, I was able to get the job done.  Subsequently, I just had to keep going down several rows doing knit three, then pearl three.  And it looks as though the piece is coming together very well. 
 
There is a sense of satisfaction about being able to do something again that I had once done prior to the divorce.  It is as if in reclaiming what once was, I am restoring to myself all the scattered pieces of my life and personality that used to define me, that made me whole.  And along with that, in these recent years, I have added the strengths I have gained from learning how to understand and reject abuse and to make my own decisions. 
 
Yes, I lost a great deal in my divorce, but I did not lose everything.  There are simple, inexpensive actions that I can carry out which return me to myself.  Knitting is one of them. 
 
I can't say that I am great at knitting, only that I truly love it.  I learned about knitting from my British grandmother.  My parents are the first generation of my family here in America.  This means that I grew up without any cousins, aunts, uncles, or grandparents around, because we were the only ones from our family in this country. 
 
Still, every Christmas we would receive a large, brown box from Europe.  Inside there would be these children's almanacs full of graphic tales, poems, short stories, and newsy tidbits from abroad, along with sugary rock candy that was endlessly sticky and delightful. 
 
In addition, my grandma always included a brand new, hand knit cardigan for each of us four children. 
 
I once visited my grandma in England over the summer for a month when I was ten years old.  While I was there, she taught me how to knit, and gave me my very own knitting bag so that I could travel around with my knitting projects. 
 
The big challenge I found was to knit without losing any stitches!  Like the daughter of many immigrants I lost the rich heritage of the culture my parents left behind when they chose to leave and start a whole new life in America.  But the one treasure I was able to preserve from the old country was an interest in hand knitting. 
 
Now along with my notebooks, along with my court documents, and this computer upon which I write my blogs, I now have an enormous ball of yarn and two number 10 knitting needles. 
 
When things get tough, I will do what I used to do, drop everything, grab my knitting and solve my problems through my fingers.  Because as I wind and weave the yarn, I always find that a slow feeling of peace begins to overtake me, a serenity and calm settle around me, and whatever difficulty appeared to be so big eventually becomes more manageable. 
 
This is the gift my grandma left for me, the ability to understand that in the midst of turmoil, I can find strength within myself, a confidence that I will endure all these struggles and find my way to more solid ground, no matter how impossible that seems.  This is the gift that I renewed for myself today when I rescued my size 10 knitting needles from the pile, and it is one that I will forever be grateful for.   

Friday, August 2, 2013

HELP ME! HE'S DRIVING ME NUTS!

Have you ever had the experience of wanting to strangle the life out of the opposing attorney in your case? 
 
In the alternative, have you ever stood in a courtroom listening to the opposing attorney and experienced flashes of pure rage? 
 
I have. 
 
The fact is I've been in some pretty difficult situations in my life, but nothing can equal the difficulty of putting up with attorneys who lie, manipulate, and deceive on an hourly basis all day long, causing harm and damage, particularly to the ones I love. 
 
Because as we all know, our lawsuits in family court often mean life and death to our children, let alone ourselves.  That's when the Momma bear in us can rise up, ready to rip the heads off those disgusting attorney's in defense of our children. 
 
Unfortunately, it is exhausting to maintain that level of emotional intensity.  It can destroy your mental and physical health, pumping stress hormones into your body and causing damage to your heart and destroying parts of your brain.  So none of us can afford to be that way for very long. 
 
Of course, these attorneys know this, and so they carry on with these kinds of tactics as one of their primary approaches to destroying our defenses.  It is as if the attorney acts as a team of guerrilla warriors, shooting away at the troops  (us!) from invisible perches in the trees, taking out the enemy (us!) one by one. 
 
It is a war of attrition that not too many of us are equipped to handle, particularly since so many of us are taking care of our children, trying to protect them and ourselves from the damage of a high conflict divorce. 
 
I am currently dealing with this in a legal matter I am involved in right now. 
 
I am supposed to obtain medical information in regard to one of my children. 
 
At first the opposing attorney said that I should be given this information--that indeed I had a right to it. 
 
Yet, when I formally asked for the medical information, he refused to provide it acting like to was the most intrusive demand ever made of him. 
 
When I finally obtained authorizations from the court to obtain the medical information, this attorney then sent me a series of medical release documents that were clearly defective and unusable. 
 
When I confronted him, he told me that I was wrong and that the documents were perfectly fine.  He told me repeatedly that he had used the documents on many occasions and that they had always led to successful results. 
 
He was clearly lying. 
 
Sorting all of this out and explaining the problems and how I recommended solving them took hours of my time as I formulated letters and emails that I felt would appear well before the court should I eventually have to submit a complaint about what was going on. 
 
After insisting that I deserved to receive the medical information, then moving on to provide me with flawed releases, this attorney then progressed to denying I had a legal right to see the medical information after all. 
 
I'm like, wait a minute, didn't you just say several times last week that I could see that information? 
 
What happened? 
 
Thus, in the course of trying to collect the medical information I needed to prepare for court I got jerked around in so many different directions, it was hard to know where I was. 
 
Still, no sooner have I gotten used to the discussion on how I don't have a right to the information, the attorney switched to how he now thinks I do have the right and adds to this new insight additional vicious and nasty commentary on how he believes that I am a person of poor character who is abusing the legal system. 
 
People like you and me, faced with this kind of vicious abuse respond with anger and indignation--how dare this immoral attorney accuse us in this way.  The injustice of it all, the wrongdoing, just wrenches us apart.  The lies are frustrating and outrageous, the obvious adopting and rejecting moral standards and court rules at a whim, seems to be more than we can stand. 
 
It is only after years of being in this environment that litigants in high conflict divorces come to understand that such behavior is little more than a high stakes performance.  It is meaningless. 
 
Nothing the attorney has to say matters. 
 
The only reason the attorney indulges in this behavior is to get you all worked up, to get you all rattled, to wear you out emotionally and physically, so that you are defeated well before you set  foot in the courtroom for trial! 
 
In these situations, I've heard friends say, "Well, the opposing attorney believes that I do not have that legal right." 
 
They don't want to hear the truth, which is, the opposing attorney doesn't believe a Goddamn thing.  The attorney only believes what is convenient for him at the moment. 
 
If it is convenient for him to shift ground a second later, he will quickly shift. 
 
Nothing an attorney ever has to say is grounded in conviction; it is simply grounded upon what suits him at the time.  
 
This means that you should never let yourself get into a state simply because an attorney has made a provocative remark.  If there is anything you need to learn as a litigant in a high conflict divorce, it is to have a very, very thick skin. 
 
You need to listen to the most ridiculous, twisted, stupid, convoluted statements, learn how to screen out your perfectly understandable emotional response of outrage, and find a way to hit back in an intelligent way that has impact without harming yourself. 
 
Don't allow these idiot attorneys to press your hot buttons or trigger a trauma response.  Learn to respond dispassionately and with reason.  Don't get angry. Get even, by continuing to launch a defense that shuts the opposing attorney down at every turn.

There will continue to be times when the opposing attorney will actually sucker you again or get under your skin, but don't get down on yourself about that.  It only goes to prove that you continue to be human whereas the opposing attorney turned into stone a long time ago.

RELATED ARTICLES:

http://divorceinconnecticut.blogspot.com/2013/01/why-am-i-not-surprised-study-reveals.html

http://divorceinconnecticut.blogspot.com/2011/10/bad-attorneys-bad-bills.html

http://divorceinconnecticut.blogspot.com/2012/01/going-going-gone-when-your-attorney.html

http://divorceinconnecticut.blogspot.com/2012/03/lawyer-joke-from-internet.html

Saturday, May 18, 2013

KICKING THE CAN DOWN THE ROAD!

I was sitting next to a friend during a hearing in her case.  The judge had raised some unexpected legal points regarding an aspect of the law that would have to be addressed before he could proceed with a ruling.  He concluded with a suggestion that we schedule another hearing for two months later.  My friend scribbled a quick note on a scrap off paper and passed it over to me.  It said, "Kicking the can down the road?" 
 
I smiled broadly and then quickly sobered up.  Her comment pointed out one of those things about being in family court that are funny, but then again, not so funny.  Specifically, time just doesn't seem to matter to these judges the way it matters to the rest of us folks. 
 
For example, when I first filed for divorce I had heard that it would only take three or four months to get a divorce.  So when my ex proposed a financial agreement that wasn't great, but which I could endure in the short term, I said fine.  Two years later, that agreement was still it place and had gone from not great to insufferable, with no end in sight! 
 
My friend was trying to get a custody matter settled.  She didn't have two more months time available--she needed the children's situation addressed immediately. 
 
But that is the thing about time and how family court works.  Things drag on.  Things fester and suppurate. 
 
There are all sorts of ways that the trial court has to continue on with your matter.  And by continue, I really mean continue, as in Motions to Continue. 
 
-They can continue because the opposing attorney in the case didn't show up. 
 
-They can continue because your own attorney accidentally triple booked cases on that day. 
 
-They can continue because your witnesses couldn't make it to court. 
 
-They can continue because you didn't show up in court--maybe you blanked out that you were supposed to be there, or no one ever told you! 
 
-They can continue because your attorney is sick. 
 
-They can continue because the opposing attorney is sick. 
 
-They can continue because the judge is sick. 
 
-Or maybe the judge himself got triple booked. 
 
Here is a good one.  You arrive in court expecting to hear a motion to order.  But it turns out that over the weekend, the opposing attorney in the case had some brilliant ideas and filed two extra motions that very morning, and the judge thinks they should be heard immediately.  So your motion for order which you thought was going to be heard is now continued until a hearing date two or three months later. 
 
You think that is a violation of your due process right to advanced notice?  Probably you are right about that, but the judge is sick and tired of you and has now decided to use his judicial discretion to deny you due process rights. 
 
You don't like that?  Take it to appeal and you'll get the decision on that a year from now and then you can ask for a reconsideration of any improper rulings that happened while you were waiting for the appeal to ripen. 
 
Delay, obstruction,  convolution, confusion--that's the name of the game at family court! 
 
Another approach legal professionals love is to take an issue, break it down into its individual parts, and have a hearing on each part individually.  So you get an issue like a motion for fraud and attorney's fees. What you do is break up the fraud into each separate act of fraud and fight over threshold issues for each one.  
 
The legal proceedings can keep going, and going, and going, just like the energizer bunny. 
 
In the end, with many cases, people don't really try a case to its conclusion, they just give up. 
 
Then the judge will write up a decision talking about how one or the other party failed to make an adequate case in regard to his or her position. 
 
Plus, a judge who is afraid that his ruling in a particular matter might end up being reversed on appeal can simply delay making a decision for a few years so that by the time it comes out all the parties have exhausted their resources and cannot proceed to an appeal! 
 
And that, everyone, is all you need to know about the tactic known as "kicking the can down the road." 
 
It is a way that family court has devised to avoid all legal responsibility for the complete mess they have made of your life and the lives of your children. 
 
You know that constitutional right you have heard about on TV--the right to a speedy trial?  Trust me, it does not exist in family court. 
 
You see, the opposing side sent a marshall to get the documents from the bank, but the bank personnel failed to get the call, and the marshall got a flat tire on the way there, and after that the copy machine jammed, and then, would you believe it, all the statements from last year are missing their page twos so they have to be redone.  It is an automatic 60 day continuance to straighten everything out. 
 
Meanwhile, you are annoying your boss and your coworkers because you are continually absent from work since you are in court all the time.
 
So, if the opposing side ends up with custody through a legal error, or with the entire family fortune through deception, don't wait for the court to straighten the situation out, because by the time the court catches up with the problems, they will all be gone, the kids and the money!

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http://divorceinconnecticut.blogspot.com/2011/04/something-old-something-new-something.html

http://divorceinconnecticut.blogspot.com/2011/05/when-was-my-last-appointment-beats-me.html

http://divorceinconnecticut.blogspot.com/2011/02/mighty-spreading-blob.html

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http://divorceinconnecticut.blogspot.com/2011/02/when-time-is-right-representing.html

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Saturday, November 24, 2012

THE SLOPER TAKE ON PAS, FOR WHAT IT'S WORTH!

Quite frequently, advocates for litigants in family court end up having discussions in regard to Parental Alienation Syndrome (PAS), i.e. asking whether it exists and if so what can be done about it.  I have been shocked by the draconian punishments PAS activists suggest for people they consider alienators, particularly since, at this time, in my opinion, it is hard to diagnose the  condition accurately.  
 
Others have written to me disagreeing, stating that a diagnosis of Parental Alienation Syndrome (PAS) is easy to identify.  One proponent of the theory wrote to me saying that it is possible to be quite accurate in establishing the presence of PAS stating,

 "The way parental alienation is exposed is by the 8 strategies that are used which result in 17 behaviors exhibited by the child". 


However, after spending as much time as I have in family court, I have zero faith in the ability of mental health professionals to observe families and children sufficiently well to observe anything.  So when you talk about strategies and behaviors, the question is, which professional is examining those things and is that professional reliable?  

Do you mean notorious Father's Rights Advocates such as Dr. Kenneth Robson, Dr. James C. Black, Dr. Sydney Horowitz, and Dr. Howard Krieger who do the vast majority of custody evaluations in the State of Connecticut, and for whom there isn't a child molester, or an male abuser they wouldn't embrace?  If so, you've lost my support right there!

Mental Health Professionals are notoriously not reliable in diagnosing anyone.  For more details, read about the study done by the psychologist David Rosenhan as described in his article "Being Sane in Insane Places."  The link is below:
 
 
I would particularly assume this is true of Mental Health Professionals who work in the legal system where corruption reigns.

I am not denying that parental alienation exists, perhaps not exactly as PAS proponents currently theorize, but in some form.  Many men as well as women have noted that they have observed the effect of PAS on their children. Women often refer to the phenomenon as Domestic Violence by Proxy.  
 
However, the problem I have with the theory is that PAS as many advocates currently describe it is associated with a well known pedophile--Dr. Richard Gardener, and his theory of PAS, no matter how solid the theory may be, has been used by abusers, particularly child sexual abusers, as the basis for improperly removing children from the care of fit mothers.  
 
Until these issues are addressed in an effective manner, until proponents of the theory acknowledge the ways in which it has been misused--as a means to accuse good mothers falsely--so that it will have credibility when it is used properly, PAS within the context of custody battles will remain a tainted approach. I have read case after case where clearly abusive Fathers have been declared the better parent despite the serious abuse they committed and given sole custody of young children solely on the basis of accusations of PAS improperly levied at the Mother.  

It is well known that when abusive fathers no longer wish to pay child support that they yell PAS and sue for custody of the children and get that custody at least 70% of the time. These are frightening numbers.

My friend, the PAS advocate states, "We also know that the majority of alienation cases are perpetrated by the custodial parent, i.e. the Mom."  Well, who is doing the research?  Can you cite the research?  I know quite enough men who perpetrate Domestic Violence by Proxy (PAS) and clearly they are quite capable of the same behavior.  Isn't the presumption that primarily women are doing this fundamentally gender biased?  After a divorce, there is griping on both sides, we would all agree.  The idea that primarily the women continue on to develop PAS, but not men--I do not find that thought credible.

One thing I would say is that when fathers do not pay child support, I consider that behavior just as damaging if not more so than PAS.  Yet such fathers do not lose access to their children.  Why is it that mental health professionals propose restricting or completely cutting off Mother's access to the children if PAS is thought to be present?  What? Again, a little gender bias here?  Women are absolutely not allowed to cut off access to fathers when they refuse to pay child support.  So it seems that when children have no food, heat, education, clothing, that's ok, but if there is PAS, eliminate Mom? Right.  What a great idea--NOT!


I think it is very revealing that the APA consistently refuses to include PAS in the DSM.  I think such decisions are a clear statement that the Mental Health Profession itself, outside of the sphere of the judicial system, does not consider PAS a credible form of mental illness.  So, making claims that PAS is a mental health condition is false and misleading of anyone who makes such a claim.  PAS and DV by Proxy is behavior that people perpetrate as the result of a decision, as a result of a choice to perform one action rather than another.  Once we understand it as a choice and stop attributing it to some nebulous disease process, I think the solution to this kind of behavior, which destroys and damages relationships within families, particularly in regard to the parent child relationship, will be far more clear.  


The bottom line is, until we stop politicizing this issue, it will be very difficult to establish what we are dealing with when it comes to PAS.  At this point, I feel that we are prematurely drawing conclusions and that we need to do far more research and get beyond the anecdotal in regard to our understanding of this kind of behavior.  

I am also not satisfied that removing a child from his or her relationship with Mom or Dad is a reasonable solution for PAS.  When courts, as a response to PAS, eliminate the other parent who is seen as the perpetrator of PAS from the lives of the children, aren't they doing exactly what they are accusing that parent of, but justification for doing so comes under a different definition as protection the child?  Same action, different excuse!

In other words, If you commit what is essentially PAS, by demonizing the other parent with the label PAS, and then doing exactly what an alienating parent would do, which is eliminate that labeled parent from the lives of the children, what makes you better?

I particularly  deplore placing protective mothers in supervised visitation which indirectly eliminates these mothers from the lives of their children.  It does so because supervised visitation is well beyond what such mothers can afford.  Another reason is because such visitation is simply part of a thinly veiled plan to obtain more documentation to trash the mother.

As a final note, if you see many of the elements of what appears to be PAS, but it turns out there is abuse, "experts" say then it is not a situation of PAS.  But, as we know, the GALs and custody evaluators in the State of Connecticut have a policy of refusing to acknowledge abuse.  As a result, any attempt to make PAS law stronger, no matter how legitimate, puts truly abused parents at risk.  

Until this situation is corrected, and Mental Health Professionals and attorneys stop denying the existence of abuse, both sides will continue to suffer, and this is wrong.  Because I would agree there are situations where PAS is at play and should be stopped.  But until the corruption in family court ends, and women who are being abused obtain the protection they are entitled to, we cannot address the problem effectively as a community because current policies put us at risk of falsely accusing high numbers of women of PAS when they are actually simply victims of domestic violence.


What I see going on here is a situation where the judicial system is playing the politics of "divide and conquer".  They pit the DV abuse advocates against the PAS advocates and let us fight it out, then they gather up all the money and go home. 


What we need to do is fight gender bias against both men AND women.  We need to condemn both DV abuse and PAS, and we need to insist that the Mental Health Professionals and attorneys involved in family court step up to the plate and do the job they are supposed to do.  And, also, I really believe that more research is needed so we can make accurate statements about both abuse and PAS so that we can reduce instances where injustices occur because of the misapplication of the science underlying these concepts.
 
I think it is time for litigants and advocates who want the reform of family court to put aside the gender war which the judicial system is taking advantage of.  We will never have change if we are going to fight among ourselves. 
 
What do we really want? 
 
We want our constitutional rights. 
 
We want the right to due process.

We want court orders enforced.  An order for visitation is an order for visitation, and that's it. 
 
We want to have the decision making in regard to our children based upon real science not fake science. 
 
We want the mental health professionals involved in our cases to think seriously about the best interests of the children. 

We want an end to children for money exchanges. 
 
We do not want mental health professionals or attorneys playing politics or pursuing their own personal agendas or replacing us in our role as parents. 
 
These are concepts that all principled advocates can stand behind, and unite behind.  And we should stand together, because Connecticut needs the strength of all its citizens in order to overcome the corruption and injustice we face in the legal system today.