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I can't think of much more world-shattering than going through a divorce when there are young children involved. If the divorce isn't completely amicable (and how often does that happen?) working out custody can be difficult even under the best of circumstances. Throw in some complications, and you can have a battle on your hands.
Now imagine that you've finally managed to extricate yourself from an abusive relationship and find safe harbor for yourself and your children. Imagine there are arrests, maybe even convictions, on record, documenting the abuse you endured. It should be a no-brainer than you get custody, right?
Sadly, no. Thanks to the world of bitter custody battles and false accusations crafted as retaliation against an estranged spouse, there are now "concerns" about women "turning the kids against their father" purely because, well, she's a jilted bitch. Or at least, that's my read on it. How else can I read it when a woman who has multiple past charges filed against her abusive husband not only loses custody, she is barred from any contact with her children?
I feel sick.
It started when I read this story:
Genia is one of many parents nationwide who have lost custody due to a controversial concept known as parental alienation. Under the theory, children fear or reject one parent because they have been corrupted or coached to lie by the other. Parental alienation is now the leading defense for parents accused of abuse in custody cases, according to domestic-violence advocates. And it's working. The few current studies done on the subject consider only small samples. But according to one 2004 survey in Massachusetts by Harvard's Jay Silverman, 54 percent of custody cases involving documented spousal abuse were decided in favor of the alleged batterers. Parental alienation was used as an argument in nearly every case.
A View from a Broad manages to extrapolate out from this story to explain some (terrifying) concerns:
Men tell the truth, women lie, and so any woman who says anything bad about a man is a liar. Therefore she should not raise kids. Besides, she probably has uppity ideas about how a guy should actually do more than contribute sperm to a child. A guy who beats his wife, on the other hand, is performing a service for other men. He's increasing the fear of men and their resultant power over women, as well as teaching his sons that women are to be dominated, and girls that if their own daddy hits their mother, they can't hope for anything better. A guy who beats his wife shows his sons that women don't do anything right, that no expectation is unreasonable, and shows his daughters that they have no hope and no value. So remind me again how we can have abusers getting custody of kids when it's women who dominate the courts, society and so forth? It's kind of bewildering.
In a world where justice trumps all, a name for this "syndrome" wouldn't be necessary. Abusers would never be granted custody just because false allegations in other cases revealed that sometimes people make getting back at each other a higher priority than their children. But that's not the world we live in. In this world, everyone is a suspect and the good guys don't always win.
The New Jersey Family Law Blog highlights a case, concluding that Parental Alienation should not be rewarded:
In this case, the trial judge rejected the opinion of the court's expert psychologist and instead relying on the judge’s own interviews with the children, awarded custody of two of the children to the mother who had repeatedly disregarded the court’s orders and sought to alienate the children from their father. In recognition of this, the judge awarded the father $5000 in compensatory damages and $20,000 in punitive damages for the tort of intentional infliction of emotional distress due to the alienation activities the mother engaged in.
Huh? "Here's some money because clearly you were screwed, but by the way, no, you don't get the kids." Was this a case of true Parental Alienation resulting in a custody mess? I read through the court record and have no idea what to think. Both parents have been charged with abuse and neglect. And here their case is, paving the way for other decisions in other cases, right or wrong.
I'm sure that there are true, terrible cases of PAS out there. I'm also sure that there are cases where custody is being determined less on the best















