Saturday, January 27, 2007

'THINK A DOMESTIC BATTERER COULD NEVER GAIN CUSTODY OF A CHILD? THINK AGAIN' ... Virginia courts fail to protect children

"BREAKING THE SILENCE: CHILDREN'S STORIES is a powerful new PBS documentary that chronicles the impact of domestic violence on children and the recurring failings of family courts across the country to protect them from their abusers. In stark and poignant interviews, children and battered mothers tell their stories of abuse at home and continued trauma within the courts."
Co-produced by TatgeLasseur Productions and Connecticut Public Television, "Breaking the Silence: Children's Stories" is sponsored by the Mary Kay Ash Charitable Foundation. / WATCH VIDEO

Virginia judges say a father may hurt the mother of his child, by abusing her, without hurting his chances of gaining custody. Judges surveyed for Influences on Judges' Decisions in Child Custody Disputes in the Commonwealth of Virginia, a 2001 Virginia Supreme Court study, also reveal that children over five go to fathers more than they go to mothers when cases go to court. The study explains that judges in Virginia believe #1) mothers have "more problems" than fathers and #2) mothers are "less competent" than fathers. Pages 4, 6, 7, 20, 21, 23, 24, 29, 30, 38, 39, 40, 41, 53, 55, and 57, however, are especially relevant to the current trend of giving children to fathers who are abusive, violent, and dangerously controlling men. Those pages are excerpted and contained in my compendium "The High Price of Conscience-free Justice." Or you may look for the study on the Virginia General Assembly website.

The compendium is free and is accompanied by a DVD of "Breaking the Silence" (BTS). I reproduce the DVD for mass distribution because the program manager at WETA, my local public television station, is refusing to air BTS and this despite a call they received from my congressman, Jim Moran. Twice in 2006, once in May, again in July, I asked Congressman Moran to make a phone call to WETA on our behalf, the behalf of good parents who are losing or have lost custody of their children to abusive and violent ex-partners: "I don't know what I need to do to urge WETA to put this on TV," I told him. I pointed to the promotional flyer, the cover of my compendium with the words 'THINK A DOMESTIC BATTERER COULD NEVER GAIN CUSTODY OF A CHILD? THINK AGAIN' framing the sad face of a young boy. I left the congressman a copy of my compendium. He had been attentive. He had followed through.

At least 44 states have aired BTS since its October 2005 release; Virginia is not one of them.

Thank you Alice for introducing Child Custody. I am approachable, very aware and eager to share what I know on this issue. I am full of information. (Some will say I am full of @#!&.)

Look for my contact information in the comments under the recently posted Livin' on the Fault Line.

I have mentioned there my attendance at the September and December JUDICIAL INTERVIEWS. All Courts of Justice committee members who also attended received from me a special information packet (yes, containing the DVD) -- a miniaturized version of the compendium. And I put a copy of the compendium into the hands of newly appointed Fairfax County Juvenile & Domestic Relations Court Judge Glenn Clayton as he walked out the door.

Oh, and Alice, those men are not "sometimes awarded custody." Those men are granted sole or joint custody in 70% of cases that go to trial.

[SPECIAL NOTE BY VW] Today's post began as a comment on the Vivian J. Paige blog and pre-dates the conception of my own blog.

Veronique Wyvell, RN
Member, Fairfax County Network Against Family Abuse
Founder, MOMMY GO BYE-BYE: Mothers Against Unjust Law
7831 Enola Street, #TA7, McLean, Virginia 22102
VWyvell@patriot.net

MAUL (Mothers Against Unjust Law) Goals:
Rebuttable PRESUMPTIONS Against Custody for Batterers
PPAs (Parenting Plan Agreements) before Litigation
Moratorium on CCEs (Child Custody Evaluations)
MINIMUM Parent-Time Schedules (UTAH Code)
JURY Trials (in Domestic Relations Cases)
PROTECTIVE Parent Reform Acts
DIGITAL Courtroom Records
ALI's Approximation Rule
TERM LIMITS for Judges

. . .
ADDENDA

PRESS RELEASE

Breaking the Silence: Children’s Stories
New PBS Documentary Reveals Surprising Information about Child Abuse and the Shocking Inadequacies of Family Courts across the Country
Premieres Thursday, October 20 [2005] at 10 pm ET on most PBS stations (check local listings)

(Hartford, CT) – It is no secret that domestic violence has devastating, long-term effects on children. For the past two decades, the evidence has been mounting in psychological studies and academic journals. What is lesser known is that many domestic batterers are successfully using custody and visitation litigation to abuse their families further.

Breaking the Silence: Children’s Stories — premiering Thursday, October 20 [2005] at 10 pm ET on most PBS stations (check local listings) — is a powerful new PBS documentary that chronicles the impact of domestic violence on children and the recurring failings of family courts across the country to protect them from their abusers. In stark and often poignant interviews, children and battered mothers tell their stories of abuse at home and continued trauma within the courts. Co-produced by Tatge-Lasseur Productions and Connecticut Public Television (CPTV), this one-hour special also features interviews with domestic violence experts, attorneys and judges who reveal the disturbing frequency in which abusers are winning custody of their children and why these miscarriages of justice continue to occur.

This program is made possible by funding from the Mary Kay Ash Charitable Foundation. One of the most effective ways an abusive father can inflict pain and declare his domination is to take custody of his children away from their mother. As Joan Meier, an attorney and professor of clinical law, explains, “To win custody of the kids over and against the mother’s will is the ultimate victory...short of killing the kids.” While there may be a perception in society that the family court system has a maternal preference, statistics show that, in the past twenty years, fathers are more often being awarded custody. Furthermore, in family court cases where mothers allege battery, fathers are given custody two-thirds of the time.

Breaking the Silence: Children’s Stories also explores a controversial theory called Parental Alienation Syndrome (PAS), which has been used in countless cases by abusive fathers to gain custody of their children. The theory states that the custodial parent (most often the mother) is alienating the child against the father by raising false allegations against him. Despite being discredited by the American Psychological Association and similar organizations, PAS continues to be used in family courts as a defense for why a child is rejecting the father.

The documentary profiles several shocking stories of abuse further complicated by the courts, including the story of Karen and her three children. Karen’s suspicions of her husband’s sexually abusive behavior were confirmed through a medical exam. However, when the custody case came to trial, a court-appointed psychologist, or evaluator, testified that Karen was using Parental Alienation Syndrome to turn her children against their father. The psychologist never read the medical and police reports of the case and never interviewed the children. All three children were awarded custody to their dad.

Karen’s son Jeff, who left his father’s custody when he turned eighteen, now serves as an advocate for children in similar abusive situations as a member of the Courageous Kids Network. His two younger sisters still live with their father.

Breaking the Silence: Children’s Stories also features interviews with New York Yankees Manager Joe Torre, who dealt with domestic violence as a child, and in 2003, started the Safe-at-Home Foundation to help educate people about the issue; and Walter Anderson, Chairman and CEO of Parade magazine, who recounts the emotional and physical abuse he suffered at the hands of his alcoholic father.

Breaking the Silence: Children’s Stories is a follow-up to the acclaimed 2001 PBS documentary, Breaking the Silence: Journeys of Hope, which focused on women and domestic abuse. “Journeys of Hope documented how much we, as a society, made progress to combat domestic violence and serve its victims,” explains producer Dominique Lasseur. “Children Stories reminds us that a lot needs to be done to better protect our children from the long term effects of living with violent abusers.” Both documentaries were funded by the Mary Kay Ash Charitable Foundation.

Breaking the Silence: Children’s Stories is made possible by the generous support of the Mary Kay Ash Charitable Foundation. Started in 1996, the mission of the foundation is two-fold: eliminating cancers affecting women by supporting top medical scientists who are searching for a cure for breast, uterine, cervical and ovarian cancers; and ending the epidemic of violence against women by providing grants to women’s shelters and supporting community outreach programs. The Foundation wholeheartedly supports education and awareness on the issue of domestic violence.

Breaking the Silence: Children’s Stories is co-produced by Tatge/Lasseur Productions, and its principals, Catherine Tatge and Dominique Lasseur. Tatge/Lasseur have a long and successful history of producing programs for PBS, including The Question of God: C.S. Lewis & Sigmund Freud, Dances of Life, Holo Mai Pele, CeCe Winans: A Gospel Celebration and Breaking the Silence: Journeys of Hope. Tatge/Lasseur have had close association with Bill Moyers on several projects. With Moyers, they co-produced Genesis: A Living Conversation and Joseph Campbell and the Power of Myth, the latter of which earned Tatge an Emmy Award.

The documentary is co-produced by Connecticut Public Television (CPTV), a nationally recognized producer and presenter of quality public television programming, including Barney & Friends™, Alan Alda in Scientific American Frontiers, Bob the Builder™, and Wounded in Action. Entering its 43rd year, CPTV remains committed to bringing the best in educational programming and services to Connecticut and the nation.

Co-Producers: Tatge/Lasseur Productions and Connecticut Public Television.
Underwriter: The Mary Kay Ash Charitable Foundation.
Producer: Dominique Lasseur.
Director: Catherine Tatge.
Executive-in-Charge (CPTV): Larry Rifkin.
Format: Closed captioned
Publicity contacts:
PBS stations: Lee Newton, Connecticut Public Television, 860-275-7285; email:
lnewton@cptv.org
National Press: Sharron McDevitt, Hill and Knowlton, 212-885-0393; email: sharron.mcdevitt@hillandknowlton.com
. . .