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I’ve seen examples of what she alleges here in the UK, and I’ve seen the opposite. I reported abuse of my son. I think we may interpret this to mean that, when the court believes an allegation of alienation, it has a substantial effect on the likelihood that they rule to change the children’s residency. We have already seen the skew due to being predominantly appellate court data, and hence the huge gender-skew in which sex is the appellant. I thought it was a fluke, but I agreed to look at some of the legal documents. Moreover, Meier’s quote, above, indicates that this is not gendered: both mothers and fathers as resident parents guilty of alienating run the same risk of having the children moved to the other parent. And, surprise, surprise…, “There were lower custody loss rates among the non-appealed cases.”. Even when the father’s abuse was proven in court, mothers who had alleged that abuse still lost custody in 13 % of the cases; By contrast, fathers lost custody only 4% of the time when a mother’s abuse was proved in court; Overall, fathers were much more likely than mothers to win contact disputes when claiming alienation. Hi Meme, the point, I think, is to raise awareness of the problem and to give professionals some insight into how they could be improving things in genuine cases of abuse. All rights reserved. Unauthorized use and/or duplication of this material without express and written permission from this website’s author and/or owner is strictly prohibited. Recall that the claims revolve around the effect that allegations of abuse or of being alienated have upon the likelihood of custody being reassigned. We call it "neglect" because this form of abuse generally results from a failure to act. Currently, they are too protected and they know it. It’s devastating and wrong and should not be allowed to happen. The final study, published in January 2020, and funded by the US Justice Department, revealed that alienation’s impact was gender-specific, and that fathers alleging mothers were abusive were not similarly undermined when mothers cross-claimed alienation. Both parents risk losing custody rights if the non-abusive parent knew about the abuse and didn’t prevent it. What’s wrong with them? Of the 4,338 cases in the total dataset, at least 52% involved allegations of abuse, almost all being allegations by mothers against fathers. When moms ignore the best interest factors, there can be disastrous consequences—like losing custody.In this scenario, we’re talking mostly about factor number 6. Children are being forced by family courts to remain in abusive homes, a violation of their human rights. Child neglect may be a reason to lose custody of a child if it is serious Child neglect may be a form of abuse. From this point on I shall simply assume the data that Meier quotes is valid (as I have no way of checking it). So, Houston, do we have a problem? You bring a myth: you claim mothers not more important thsb fathers, which is false, especially in the first couple of years where mother is more important. So I was shut out of my daughter’s life, not by the High Court who recommended contact, but by Oxford Family Court. What about civil court? Now consider this quote from the paper, which encapsulates Meier’s main claim, (B) “Across all alienation cases (both with and without abuse claims), when a father alleged a mother was alienating they took custody from her 44% of the time (166/380). “The study, written by professor of clinical law Joan S. Meier, shows that mothers who report abuse — particularly child abuse — are losing child custody at staggering rates. But new research shows fathers are favored over mothers in child custody battles, even when … What it needs to be about is when children allege abuse. This is the further skew in the data sample which renders Meier’s findings unsurprising. And in regard to any originating in the USA, anything that happens in the USA can stay in the USA as far as I am concerned. The site Researching Reform summarised the paper’s findings thus, “The first ever national study has confirmed that mothers who make complaints of child abuse against a father in court are more likely to lose contact rights with their children. And, if the victim is married with children, her abuser will nearly always petition for sole custody, and he’ll win 70% of the time. Second, and notably, virtual parity is apparent in the non-abuse alienation cases, where win rates are 58% (fathers) and 56% (mothers).”. So, simply due to sample bias we can anticipate as obvious what the paper does in any case reveal…, “We found that mothers losing custody were over-represented in the appeals”, Well, bloody obviously! Learn how your comment data is processed. But alienation will not be believed – or not believed to be sufficiently serious – in all cases. Let me unpick the paper a little so you can see how propaganda gold is spun out of factual straw. Cahn, who, just like Meier, is a law professor at George Washington University asks no questions, but merely regurgitates Meier’s claims. May I please have the doi to the “similar research in Canada”. We need social workers who are fit for purpose. Some advocacy research is extremely well camouflaged, hiding behind apparently balanced academic language. Not ones who allow themselves to be groomed, and not ones who work to their departmental or managerial agendas. We simply know no different based on the contents of the paper. “The key questions we should be asking, are why are men and women perceived a specific way in this context and what can we do to ensure that children genuinely being harmed are protected?” We need to start with social services. But Meier’s less interested in facts than she is in keeping kids from maintaining healthy relationships with their fathers post-divorce, so why use a real definition of PA when a false one is so much more serviceable? I know his father abused him and I doubt this has stopped. I doubt many people think so, but apparently Meier is one who does. However, I will not take up readers’ time with the loaded language. Taking into account the non-gendered nature of the courts’ response to allegations of alienation when they believe them, the reason for the differing percentages in (B), i.e., 44% versus 28%, can only be because the courts disbelieve more claims by mothers of being alienated than claims by fathers of being alienated. In custody litigation, when mothers reported abuse — including child abuse and domestic violence — the mothers lost custody 28 percent of the time. We need to ensure that any SW found to be committing perjury is tried in a criminal court, and then maybe they’d actually tell the truth without partisan bias. Not so here. Change ), You are commenting using your Twitter account. Enter your email address to follow this blog and receive notifications of new posts by email. I haven’t added it with the sole purpose of assisting court goers. often suggest that a protection order is a great resource for victims experiencing violence. Whilst it’s always tempting to extrapolate what happens in the USA over to the UK, this is not research which is of any help to parents in the UK, other than to encourage fathers to believe that it is worth making such claims about PA and abuse in UK FC also. Can Joan Meier truly be unaware that this is simply sample bias? If you start from a gender-biased perspective you will inevitably reach a gender-biased conclusion. Until that gets changed, children will continue to be victims because victimisation by agents of the state is the hardest possible victimisation to end. Worse – the wicked father may make a counter-allegation of alienation which will have the effect of further increasing the likelihood that she will lose her children. I have reviewed a great many academic publications. (The National Council of Juvenile & Family Court Judges, Synergy- The Newsletter of the Resource Center on Domestic Violence Child Protection and Custody, Vol. When they can then you can claim equality with mothers. That conclusion should not have been permitted. A poor abused mother who plucks up the courage to mention in court the abuse she has suffered at the hands of her male partner, only to find that her children are taken off her as punishment for her temerity. In many cases the bias favoring abusive fathers forces mothers to trade support for custody. http://www.batteredmotherscustodyconference.org/, Myths About Custody and Domestic Violence, Safety Planning Domestic Violence Hotline, Humane Society: Directory of Safe Havens for Animals Programs. Relocation Restrictions: An Opportunity for Custody Abuse, p.4), Some abusers use the courts to continue their control over their ex-wives and children by taking advantage of the current trend of courts favoring joint custody or granting sole custody to fathers. Women usually are the primary caretakers of children before and after divorce, and they have profound fears of losing custody, whereas the batterer has little to lose by using custody as a bargaining and power tactic. ( Log Out /  You will all be familiar with its like (and citation of Elizabeth Sheehy and Linda Neilson is all you need register to have it accurately pigeon-holed). When the genders were reversed, and fathers started out with the children, mothers took custody from fathers only 28% of the time. When women seek to leave an abusive relationship, many times it’s not just their abuser they’re fighting. https://nationalparentsorganization.org/blog/24534-now-it-s-forbes-promoting-joan-meier-s-shoddy-work, Now It’s Forbes Promoting Joan Meier’s Shoddy Work. It is social workers who inform the court and judicial decisions. Your false narrative cannot and will not change biological facts. Meier simply takes as axiomatic that the explanation is (a), bias against mothers. III. And of course those are in turn a tiny percentage (about 3%) of all cases. Post was not sent - check your email addresses! A very high percentage of battered mothers lose custody of their children to their abuser, and an increasing number of battered mothers are not seeking the help they need. That does not exist. Clearly, in this case, the reviewer(s) failed in their duty. Child Abuse. Or maybe not. Mothers are no more important than fathers to their children. 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