Tuesday, October 9, 2012
hello their mommies angels mommie sure does miss you bunches i cant wait until court next week i have faith all will go just well make sure you tell the truth that will help you come home and dont be afraid i promise all will be just fine mommie goes for her test tmro and i will tell the truth and you will see i will be just fine mommie taught you to be polite and honest and i know right now its hard to do both but remember your morals dont let anyone steer you the wrong way i love you both so much and i will see you son take care of each other and no fighting :) mommie loves you both to the moon and back miss you like crazy!!!!
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It looks like somebody has everybody in her back pocket or is it the front?
ReplyDeleteOverturning Parenting Evaluations
ReplyDeleteOverturning or invalidating a Parenting Evaluation is a difficult thing to do. If you think that the evaluator is biased or is conducting the evaluation improperly, notify your attorney immediately.
Report any unethical, improper, or biased behavior BEFORE the evaluator's report is written and the custody recommendation is made. We cannot stress this enough- raising concerns during the evaluation and before the final recommendation is made is crucial. In some cases, concerns raised during the evaluation are cause for the court to throw out the evaluator's report (and with it, the custody recommendation).
Always check to make sure the evaluator followed the ethical guidelines for his profession. Generally evaluators will come from one of four categories: psychologist, psychiatrist, social worker or Guardian Ad Litem (GAL). Each type of evaluator operates somewhat differently. You will also want to understand the different codes of ethics that each type must follow.
If the evaluator is a psychologist, he or she must follow the ethical guidelines used by the American Psychological Association. You can find the code of ethics for the American Psychological Association online at www.apa.org/ethics/homepage.html. There are specific rules that pertain to evaluations as well as general conduct. You may also write the American Psychological Association and request a copy of their code of ethics. Write to:
APA Ethics Office
750 First St, NE
Washington, DC 20002
Telephone: 202-336-5930
If the evaluator is a psychiatrist, he or she must follow the ethical guidelines used by the American Psychiatric Association. You can find the code of ethics for the American Psychiatric Association online at www.psych.org/apa_members/ethics.html. Like psychologists, psychiatrists also have specific rules that apply to custody and/or parenting evaluations. You may also write the American Psychiatric Association and request a copy of their code of ethics. Write to:
American Psychiatric Association
1400 K Street, NW
Washington, DC 20005
Telephone 202-682-6000
If the evaluator is a social worker, he or she is supposed to follow the code of ethics proposed by the National Association of Social Workers. You can find the code of ethics for the National Association of Social Workers at www.naswdc.org/CODE.HTM. You may also write the National Association of Social Workers and request a copy of their code of ethics. Write to:
National Association of Social Workers
750 First Street, NE, Suite 700
Washington DC 20002
Telephone: 202-408-8600
If the evaluator is a Guardian Ad Litem (GAL) or Court Appointed Special Advocate (CASA), he or she is supposed to follow the code of conduct for the State in which they perform their duties for the court. The code of conduct varies from State to State but most are fairly standardized. One example of GAL guidelines can be found here:
You notice they use "supposed to" a lot!
DeleteProfile of Parental Alienation
ReplyDeleteIndividuals who engage in parental alienation are like the mean kids in high school who demand that their friends be angry with whomever they’re angry with and hate whomever they hate. In children, this phenomenon is called relational aggression. Now she or he is a parent. They’re mad because your relationship ended—even if they’re the one who initiated the break-up.
Your ex requires, implicitly or explicitly, that your child(ren) feel and act the same way she or he does. The parent who engages in alienation tactics enlists your children to take on his or her battle against you. This is not the act of a responsible, mature adult, much less a responsible, loving parent. This is a bullying behavior called mobbing.
Bullying, Mobbing and Parental Alienation
Mobbing is usually written about in the context of workplace bullying, but that’s a limited use of the concept. It can occur in any kind of system, including a family system. Mobbing is the impassioned psychological harassment of one individual by a group. The attack is usually instigated and led by one or two people who are typically in a position of authority or a peer leader. The International Herald Tribune describes it as “group victimization of a single target” with the goal of demeaning, discrediting, alienating, excluding, humiliating, and isolating the targeted individual.
Mobbing ringleaders are bullies who try to dominate and control others in most situations and relationships. Namie and Namie (2000) describe them as, “inadequate, defective, and poorly developed people.” They’re generally angry, unpredictable, critical, jealous, and manipulative (Davenport, Schwartz and Elliot, 1999; Namie and Namie, 2000). The emotionally abusive bully who engages in mobbing (or parental alienation) revels in the excitement produced by their animosity. It produces a pleasurable buzz or rush in them. Westhues (2002) refers to this as “the euphoria of collective attack.” Sound familiar?
(In Stephanie's case, her own father)
ReplyDeleteParental alienation is a significant legal issue. Unfortunately, it remains a prevalent feature of many family law cases. It intent and effect is to destroy the present and future relationship between a child and the alienated parent. The brainwashing is very effective because it is delivered upon a young, emotionally vulnerable and impressionable mind.
There is no cure for parental alienation not arrested in time. No parent, for example, who has been unfairly alienated can ever retrieve the father-child, or mother-child time lost with their child.
In any event of prolonged parental alienation, an emotional time bomb is implanted into the child. Even if amends are later made, the child either turns against the alienating parent, or reserves in regards to the alienated one; both, in any event, stifling that child's development into a fully developed and emotionally mature adult and parent in his or her own right.
In R v KC, Justice Sheppard adopted these words:
"The parental alienation syndrome (PAS) is a childhood disorder that arises almost exclusively in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrinations and the child’s own contributions to the vilification of the target parent. When true parental abuse and/or neglect is present, the child’s animosity may be justified and so the parental alienation syndrome explanation for the child’s hostility is not applicable."
In a 2007 Ontario case, CS v MS, Justuce Perkins recognized not only the devastating effect of parental alinetaion but also the complxities it presents to the court:
"Children who are subject to the parental alienation syndrome (I will call them PAS children) are very powerful in their views of the non-alienating parent. The views are almost exclusively negative, to the point that the parent is demonized and seen as evil....
"PAS children feel empowered and are rewarded for attacking the other parents and feel no remorse or shame for doing so.
"PAS children have a knee jerk, reflexive response to support the alienator against the targeted parent, often on the basis of minimal evidence or justification. PAS children broaden their attacks to encompass members of the other parent’s extended family.
"PAS children are recruited by the alienating parent and alienated siblings to the alienating parent’s cause.
"With PAS children, you cannot be sure who you are listening to – is it the child (or) is it the alienating parent?"
"Parental alienation occurs when one parent convinces the children that the other parent is not trustworthy, loveable or caring – in short, not a good parent.
ReplyDelete"(S)uch manipulation of the children, with the resulting alienation, carries very high risks. It can seriously distort a child’s developing personality and subsequent life adjustment. The sooner it is identified and appropriate interventions are implemented, the better the child’s chances of avoiding its worst long-term effects."
In PLC v CJP, Justice Graham adopted these words to define parental alienation:
"... a disorder that arises primarily in the context of child custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from a combination of a programming (brainwashing) parent’s indoctrinations and the child’s own contributions to the vilification of the target parent.
"PAS is more than brainwashing or programming, because the child has to actually participate in the denigrating of the alienated parent. This is done in primarily the following eight ways:
•The child denigrates the alienated parent with foul language and severe oppositional behaviour;
•The child offers weak, absurd, or frivolous reasons for his or her anger;
•The child is sure of him or herself and doesn’t demonstrate ambivalence, i.e. love and hate for the alienated parent, only hate;
•The child exhorts that he or she alone came up with the idea of denigration;
•The child supports and feels a need to protect the alienating parent;
•The child does not demonstrate guilt over cruelty towards the alienated parent;
•The child uses borrowed scenarios, or vividly describes situations that he or she could not have experienced;
•Animosity is spread to also include the friends and/or extended family of the alienated parent.”
REFERENCES:
•BSP v DGP 2008 SKQB 63
•CS v MS 37 RFL 6th 373 (2007)
•LAG v DKB 93 OR (3d) 409, Ontario Superior Court of Justice, 2009
•PLC v CJP 2007 CanLII 57080
•R v KC 2002 OJ 3162
GOOD LUCK TO YOU IF YOU HAVE TO DO THIS IN FARMVILLE ESPECIALLY IF JODY HOLYST FARISS IS YOUR GAL!
ReplyDeleteGALs report to the judge, fat chance they are going to do anything!!
Request to Remove Guardian Ad Litem
Parties to a case may petition the court to remove the guardian ad litem from the case. This petition may not remove a guardian ad litem entirely from the proceedings, as certain cases require the appointment, but it will enable the court to appoint a new guardian ad litem. The motion must be written and filed in the court in which the proceedings are taking place. The motion must state the reasons why the current guardian ad litem is not suitable for the case and a new guardian ad litem would better represent the interests of the child.
Misconduct Inquiry
As attorneys, guardians ad litem are subject to the rules of professional conduct of the Virginia State Bar. If the guardian ad litem assigned to a case has violated any legal ethical rules, you may report them to the Virginia State Bar. For example, if the guardian ad litem violated the confidentiality of her representation, that would violate the guardian’s professional ethical obligations. Also, if the guardian ad litem’s representation caused a conflict of interest where the appointment would directly and adversely affect one of her other clients, this would be a violation and constitute cause to file a misconduct inquiry with the Virginia Bar. Once a misconduct inquiry is filed, the Virginia State Bar will initiate an investigation to determine whether misconduct occurred and, if so, what disciplinary actions the Virginia State Bar should take.