Child Custody Evaluations --THE CASE FOR ABOLISHING CUSTODY EVALUATORS

Parenting Evaluation, Parenting Plans...
Reevaluating the Evaluators: Rethinking the Assumptions of Therapeutic Jurisprudence in the Family Courts

THE CASE FOR ABOLISHING CUSTODY EVALUATORS  By Margaret Dore.

Reevaluating the Evaluators: Rethinking the Assumptions of Therapeutic Jurisprudence in the Family Courts

There is an evolving and worsening mess in the systems and procedures currently in place to determine child custody and perform child custody evaluations when parents disagree.

This article discusses the minimum disclosures every child custody evaluator (also known as "parenting evaluator" or "best interests" guardian ad litem or GAL) [1], or parenting coordinator (herein called a "mental health professional" or "MHP") [2a] should be required to make, responding satisfactorily and in full, before being appointed in any family law case to do a child custody evaluation -- in fact before doing anything beyond answering a list of limited, detailed, specific, and narrowly-crafted questions the answers to which are directly within the MHP's field of proved expertise. This format is being used to help illustrate a problem, and with another purpose in mind. That purpose is to call for a revolt altogether against the notion of "therapeutic jurisprudence" -- which has been proved to do little to benefit children, much to benefit the divorce industry, much to complicate and pervert our family laws, much to erode fundamental rights and liberties, and much to harm the families who become trapped in the system. There are many problems, of course. But they are symptoms. Step one is to get the agent of most of them out of our family courts. The Emperor has no clothes.

There have been many calls for reform [2b], but for the most part, while they are admirable and well-documented intentions, they miss the boat; while they identify various problems and propose fixes in the system, they fail to identify and address the core reason the system is sick. Thus the proposals seek to treat only symptoms while failing to apply a cure to eliminate the disease.

Contrary to the public perception, and the perception that those seeking lucrative appointments in the court system wish to convey, a degree in some field of mental health does not qualify the individual to perform work that consists of open-ended investigating, evaluating, recommending, or decision-making about other persons' families and children. [3] What originally commenced, and was thought to be a good idea as a judge's assigment of fairly narrow tasks designed to streamline fact-finding and protect individuals' therapy records [4] (e.g. asking a social worker to do a home study, e.g. asking a psychologist to opine on the possible effects on functioning of a party's known or suspected personality disorder or state of depression when mental health already is at issue) has burgeoned into a free-for-all in which a panoply of MHPs make work and involve themselves in the family court system at enormous cost and detriment to the parties with expensive litigation-exacerbating processes, trials-within-trials, experts and counter-experts, and inevitable referrals to additional MHPs (often cronies) for all manner of alternate dispute resolutions and sometimes endless (and often utterly unproven) therapies. [5]

(1) Do you have a law degree or previous extensive experience as a law enforcement officer doing investigations, and if not, what qualifies you to do this work?

The milieu in which the MHP will be working is the justice system, in which litigants have certain rights of due process [6] and in which decisions made in connection with one issue can materially affect a litigant's position as to seemingly unrelated issues in the same case, and in which milieu, inter alia, centuries of jurisprudence have honed certain concepts involving what constitutes reliable evidence, burdens of proof, and other legal aspects bearing on the ultimate resolution of a case. [7] Sociologists, psychologists, and even real scientists by reason of their formal training tend to have little understanding of or appreciation for these legal concepts. [8]

Read more here: http://www.thelizlibrary.org/liz/child-custody-evaluations.html

Forensic Psychology; Guardians ad Litem; Therapeutic Jurisprudence PSYCHOLOGY; CUSTODY EVALUATIONS; THERAPY

Forensic Psychology; Guardians ad Litem; Therapeutic Jurisprudence

The sociological and psychological research on families and child well-being impacts public policy and the issues of child custody in family law. The research frequently is misrepresented, and mis-cited by mental health professionals, lawyers, forensic psychologists and others, as well as interest groups lobbying for laws. Also review the sections pertaining to the issues impacted by the "therapeutic jurisprudence", such as child custody, parental alienation theory, research pertaining to child development, the subsection for research Myths and Facts in FAMILY LAW, and other family law issues. Also see the subsection on Child Custody in FAMILY LAW. The Therapeutic Jurisprudence index page contains links to recommended off-site locations as well as the on-site articles

Index: Therapeutic Jurisprudence
This section of the website contains current public material from on-going research being conducted around the United States and in Canada by various scholars and organizations who are sharing findings, as well as links to articles and off-site locations on the issue of the harmful use of psychology and psychological theories in the family court systems. Therapeutic jurisprudence in the family courts, i.e. a "mental health approach to the law" substitutes the opinions of mental health practitioners for traditional evidence and decision-making procedures. Because these persons actually do not have any kind of "expertise" to opine this way, what originally was thought to be a helpful idea (in this medicalized and psychologized world) has become merely economic opportunism, harming not only the litigants and children in the system as well as the court system itself, but also perverting substantive and procedural law. It is not science, but compensated yenta-ism that has permeated the courts under the pretexts that engineering family affectional relationships is within the ability of mental health "science" practitioners to accomplish, and that this is an appropriate goal of the government, court system, and state police power because children "need" something it has to offer. See additional comments on this index page here. If you are interested in activism, helping with research in your state, or contributing articles or materials on "therapeutic jurisprudence" contact cce-research@argate.net

 

Are Psychologists Hiding Evidence? A Need for Reform by Lees-Haley and Courtney SCHOLAR

Child Custody Evaluations and Measuring Attachment (limited science) by Jean Mercer 2009 PDF SCHOLAR

Child sex abuse, the limits of Loftus, and overblowing the memory research LIZNOTES, CITES

Children's Associational Rights: Why less is more by Emily Buss PDF SCHOLAR

Collaborative Law: What's Wrong with Multidisciplinary Practice? by liz

Court-appointed Parenting Evaluators: The Case for Abolition by Margaret Dore PDF SCHOLAR

Custody evaluators' arguments about test records -- and why they're wrong

Custody Evaluations: Ten Signs of Questionable Practices by Joel V. Klass, M.D. SCHOLAR

Disciplining Divorcing Parents: Social Construction of Parental Alienation by F. Besset PDF SCHOLAR

Family Court is Not a Family-Friendly Place by Lisa Marie Macci, Esq.

Guardians ad Litem in Custody Litigation: The Case for Abolition by Richard Ducote PDF SCHOLAR

Parental Alienation Syndrome -- getting it wrong in child custody cases by Carol S. Bruch PDF SCHOLAR

Parenting Coordination Issues by liz

Psychiatric experts assess parental alienation by David Crary

Psychology in Court: A Trial Within a Trial by liz

Psychology in Court: The Detectives by liz

Psychology in Court:The Diagnosticians by liz

Psychology in Court: Discovery of Test Data by liz

Psychology in Court: How to Respond to the MMPI-2 by liz

Reevaluating the Evaluators (overview of the problem) by liz CITATIONS TO RESEARCH
Custody Evaluator Quotes by liz (companion to above article)

Signs of a Bad Custody Evaluation by Joel V. Klass, M.D. SCHOLAR

Socialization, Personality Development, and the Child's Environments by Judith Rich Harris SCHOLAR

Sound Research or Wishful Thinking in Custody Cases? by Carol S. Bruch PDF SCHOLAR

Troubling Admission of Supervised Visitation Records in Court by Stern/Oehme PDF SCHOLAR

What Does the Guardian ad Litem do in Family Court? by liz

Warren Farrell Does a Custody Evaluation by liz

What's Wrong with Parenting Coordination by liz

Why "Therapeutic Jurisprudence" Must Be Eliminated From Our Family Courts by liz

Why "Therapeutic Jurisprudence" Must Be Eliminated From Our Courts by liz (pub. version)

Critical Assessment of Child Custody Evaluations by Emery, Otto, Donohue off-site PDF SCHOLAR

Guardians ad Litem; Parenting Coordinators; Custody Evaluators, etc.

Guardians ad Litem; Parenting Coordinators; Custody Evaluators, etc.

Social Workers, Visiting programs, batterer so called treatment bullshit TREC --- Safe Visit, Connie Sanchez and all those others who have created job security by protecting bad dad, hating women, and getting kick backs perks and pay offs for spilling the blood of mothers and their children. Horizons Bud Dale, Sherri Keller Shawnee County Courthouse…… and many more.

This category includes the various forms of so-called ADR (alternate dispute resolution) practitioners, such as GALs, parenting coordinators, parenting evaluators, forensic psychologists, recommending mediators, special masters, court-ordered therapists, other court-appointed mental health professionals, supervised visitation centers, and other profiteers of "therapeutic jurisprudence", whose methods involve -- in non-criminal cases -- intrusion and coercion under the threat of court sanctions, and actual or de facto extra-judicial decision-making. This website heavily criticizes all of these practices, which have multiple things wrong with them, not the least of which is denigration of due process, and the diminution of a publicly observable, regulated, and appealable "rule by law" by substituting the caprice of men and women. These practices have been promoted as "cures" for ailings of the court system and the litigants in it by self-serving persons who apparently are ignorant, or else just do not care about the harms they cause to children and their parents because they make money from the ideas they promote, churning profit in proceedings that fly in the face of the foundations of our justice system.

The bulk of these materials are listed in the section on PSYCHOLOGY. Also see the sections on the specific substantive issues, such as child development or parental alienation.

Court-appt'd Parenting Evaluators and GALs: The Case for Abolition by Margaret Dore PDF SCHOLAR

Guardians ad Litem in Custody Litigation: The Case for Abolition by Richard Ducote PDF SCHOLAR

Guardians for Profit: LA Times expose, elder abuse by professional conservators by LA Times Staff

Parenting Coordination Issues (outline) by liz

Parenting Coordinators, Practical Considerations by liz

Proper Role of Mental Health Professionals in Domestic Violence Cases by Barry Goldstein, Esq. Editorial

Psychological Testing in Family Court - Discovery Issues by liz

Psychological Testing in Family Court - How to Respond to the forensic MMPI-2 by liz

Signs of a Bad Custody Evaluation by Joel V. Klass, M.D. SCHOLAR

Stuart A. Greenberg, Ph.D., Fraud and Sexual Perversion in a "Top" Custody Evaluator

Troubling Admission of Supervised Visitation Records in Court by Stern/Oehme PDF SCHOLAR

What's Wrong with Parenting Coordination by liz

Los Angeles County DCFS Child Social Workers violating Laws - Philip L. Browning Los Angeles County Children and Family Services

Another PAS (Parental Alienation Syndrome) Scandal.This came from a grandfather seeking help for his daughter and grand-daughter. Please scroll down to read the letter sent to all major media and the DA who refuses to protect a child from her pedophile father. DCFS et el --Google your names now, you have been exposed. California Highway Patrol Report

 

Morning,

I just want to share with you the problems our daughter and granddaughter are having with Los Angeles County DCFS.  On Sunday April 1 at 7:00 pm I will be on Straight Talk with John Narzarin (link http://www.straighttalkwithjohnjnazarian.com/ )I will be discussing the problems with Professional monitor Phyllis Block and DCFS violating policies, procedures, court orders,etc and continue to do so with no regards to our granddaughter's safety and health.

I myself never thought this could happen to my family, but here we are fighting to save our granddaughter who was raped by her father Jason Moncibais.  Our granddaughter continues to be molested and abused by Jason's father Sal Moncibais and his wife Margaret (Killeen) Moncibais and DCFS is not doing anything to stop it.  In fact, they charged my daughter for emotional abuse, fabricated lies and had the judge drop the molestation charges against the father and asked for custody to be switched to the child abuser and molester father.  This is totally sick minded people and my tax dollar is paying for DCFS to punish my daughter and granddaughter...just sick

I have also attached an email sent to Philip Browning who is suppose to be in charge of LA County DCFS, but I believe he is just window dressing,   Hopefully the file won't be too big for most of you, where I will find a bunch of return emails.

Rick Perez

Reseda, CA 91335

818-825-1953

BCC to other moms and advocates

---------- Forwarded Message -----------
From: "Rick" <rperez@wmelab.com>
To: pinquiries@dcfs.lacounty.gov, pbrowning@childsupport.co.la.ca.us, finkld@dcfs.lacounty.gov, lmandel@bos.lacounty.gov, mayor@lacity.com,
Cc: staff@talkamerica.com,terry@catholicradio.com,timmer@premrad.com,tommartin@worldradio.org,tommydouglas@pgatourradio.com,troman@theprovider.com,weber@swnetworks.com,world@flpradio.com,wrestrepo@radiounica.com,yourtwc@mindspring.com,48hours@cbsnews.com,60m@cbsnews.com,abenitez@univision.net,accuracy@usatoday.com, betsy.fischer@nbc.com,brianhill@metronetworks.com,browne@foxnews.com,cochs@ap.org,comments@www.lifetimetv.com,danschiedel@kozk.pbs.org,dateline@nbcuni.com,dibella@foxnews.com,diefenbach@foxnews.com,dij@cbsnews.com,dmedrano@telemundo.com,earlyshow@cbs.com,ElRushbo@eibnet.com,evaldez@univision.net,evening@cbsnews.com,fair@fair.org, Foxreport@foxnews.com,frontlineworld@flworld.org,ftn@cbsnews.com,gil.pimentel@abc.com,GlennBeck@foxnews.com,gramshaw@newshour.org,hannity@foxnews.com,info@ap.org,info@cnbc.com,jcohen@bloomberg.net,jonathan.wald@nbc.com,letters@usnews.com,letters@washpost.com,lisa.hsia@nbc.com,lmn@mylifetime.com,mail@uttm.com,mark.nelson@abc.com, 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saunddan@umich.edu,Ducotelaw@aol.com,jtalancon@ncjfcj.org,pinquiries@dcfs.lacounty.gov,andral@dcfs.lacounty.gov,pbrowning@childsupport.co.la.ca.us,misac@dcfs.lacounty.gov
Sent: Mon, 26 Mar 2012 01:04:54 -0700
Subject: Los Angeles County DCFS Child Social Workers violating Laws

TO: Philip L. Browning Los Angeles County Children and Family Services

Phone: (213) 351-5600 Fax: (213) 427-6125

E-mail: pinquiries@dcfs.lacounty.gov, pbrowning@childsupport.co.la.ca.us, Philip L. Browning finkld@dcfs.lacounty.gov, Paul Freedlund lmandel@bos.lacounty.gov, Lisa Mandel mayor@lacity.com, Antonio Villaraigosa

Morning Mr. Browning,

Los Angeles County DCFS Child Social Workers are violating Local Laws, Court Orders, DCFS Policies / Procedures and Violating my Daughter’s and Granddaughter’s rights as victim of crime in the California Constitution and the U. S. Constitution. Whether it’s the U.N. Convention on the Rights of the Child (1989), Universal Declaration of Human Rights (1948) or U.N. Declaration of the Rights of the Child (1959) they would be in the eyes of the world as violators of International laws. How can the United States dictate to other countries how to treat human beings when they don’t enforce their own laws at all levels of government?

Los Angeles County Child Abuse and Neglect Protocol (ICAN) were developed for all agencies to work together quickly and efficiently to assure the protection, safety, and health an alleged child abuse and neglect. The Los Angeles County Child Abuse and Neglect indicated in their Mission Statement:

“Protocol is promulgated to serve as a guideline for professionals countywide to protect victims of abuse, to maximize successful interventions, to hold abusers responsible and accountable for the harm done, and to prevent new victimizations.”

I have sent to you the attached letter once before with no response from you concerning children’s court case CK90067and Jason Moncibais DUI Arrest report, which I have sent to various officials at DCFS and to the Los Angeles County Board of Supervisors, but apparently they have no concerns in the regards to the continuation of our granddaughter being abused, molested and endangered by her father Jason Moncibais and the paternal grandfather Sal Moncibais and step-grandmother Margaret Killeen.

Deviation from these guidelines will not promote protection to the children who are victims of abuse and neglect, our granddaughter is an example of that deviation.

Please see the attached letter and I do have the California Highway Patrol Narrative/Supplemental dated February 4, 2012 and the Arrest Investigation report dated February 25, 2012. Please note the time when Jason Moncibais was tested for alcohol levels was over 2 ½ hours after he picked up our granddaughter at the LAPD Topanga Police Station and it was entered as .23 @ 1409 hrs .26 @ 1413 hrs and .22 @ 1417 hrs in the report. Blood Alcohol Count levels diminishes .015 per hour and just think what his BAC level was at the time when CHP officer Hines first observed Jason Moncibais driving into the church parking lot with our granddaughter in the vehicle, as high as .29 BAC @ 1210 hrs. My daughter requested for an officer at the front counter to check if Jason Moncibais was intoxicated and the officer refused to check him, because they do not want to get involved. LAPD at their finest moment, “Serve and Protect”

CHP Officer Hines observed on 02/04/2012 at about 12:11 PM a white pickup truck drive into the parking lot and stop directly in front of the stairs where he was standing and saw a Hispanic male (Jason Moncibais) and a young female child.

CHP Officer Hernandez observed the subject exit vehicle and he lost his grip and almost fell out of the vehicle. While the office was speaking with him he smelled the overwhelming odor of an alcoholic beverage emitting from his breath, his eyes were red and watery. Mr. Moncibais failed the pre-field sobriety tests.

http://www.scribd.com/doc/87504041/Los-Angeles-County-DCFS-Child-Social-Workers-violating-Laws-March-262012-Letter-0001#fullscreen

Fathers Rights - Mysogynists, Woman Haters, Who Attack All Women

Southern Poverty Law Center on the Fathers' Rights Movement

Monday, 19 March 2012 15:16

"...an underworld of misogynists, woman-haters whose fury goes well beyond criticism of the family court system, domestic violence laws, and false rape accusations. There are literally hundreds of websites, blogs and forums devoted to attacking virtually all women (or, at least, Westernized ones)

-- the so-called "manosphere,"... While some of them voice legitimate and sometimes disturbing complaints about the treatment of men, what is most remarkable is the misogynistic tone that pervades so many. Women are routinely maligned as sluts, gold-diggers, temptresses and worse; overly sympathetic men are dubbed "manginas"; and police and other officials are called their armed enablers...

"But some experts argue that men's rights groups have been remarkably successful... have taken over the way courts deal with custody issues, particularly when there are allegations of abuse, largely by convincing them that there is such a thing as 'Parental Alienation Syndrome' (PAS)... have 'been able to get custody evaluators, mediators, guardians ad litem and child protective service workers to believe that women and children lie about abuse.'...

http://www.splcenter.org/get-informed/intelligence-report/browse-all-issues/2012/spring/a-war-on-women

Source: Justice Posterous

Law Center on the Fathers' Rights Movement

Southern Poverty Law Center on the Fathers' Rights Movement

"...an underworld of misogynists, woman-haters whose fury goes well beyond criticism of the family court system, domestic violence laws, and false rape accusations. There are literally hundreds of websites, blogs and forums devoted to attacking virtually all women (or, at least, Westernized ones) -- the so-called "manosphere,"... While some of them voice legitimate and sometimes disturbing complaints about the treatment of men, what is most remarkable is the misogynistic tone that pervades so many. Women are routinely maligned as sluts, gold-diggers, temptresses and worse; overly sympathetic men are dubbed "manginas"; and police and other officials are called their armed enablers...

"But some experts argue that men's rights groups have been remarkably successful... have taken over the way courts deal with custody issues, particularly when there are allegations of abuse, largely by convincing them that there is such a thing as 'Parental Alienation Syndrome' (PAS)... have 'been able to get custody evaluators, mediators, guardians ad litem and child protective service workers to believe that women and children lie about abuse.'...http://www.splcenter.org/get-informed/intelligence-report/browse-all-issues/2...

New study -- Fathers kill children for revenge on their mothers when the women leave them

New study -- Fathers kill children for revenge on their mothers when the women leave them

"A new study of child murders... men and women are equally capable of killing children, but their motives for killing are very different. Men are more likely to kill their children in order to take revenge on ex-partners and to make them suffer... The study, Just Say Goodbye, draws on court documents to analyse cases where children have died at the hands of parents whose relationship has broken down...

"[E]ven more than violence, research shows that a history of obsessive controlling behaviour -- a sense of entitlement -- can be a pointer to a man's inability to accept the separation... vengeful enough to kill their children to punish her for the separation...

"[O]ften obscured is the father's attitude to the mother during and after the relationship, his sense of entitlement to control the family, extreme anger with the mother over separation, and threats to harm the children..." http://www.theage.com.au/national/child-killer-study-finds-diverse-motives-fo...

Filed under  //   child custody fathercare fatherhood exaltation judge media bias psychology punishing mother therapeutic jurisprudence