FATHERS RIGHTS INFILTRATION OF
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
By Trish Wilson, © 1998
All rights reserved by author
CHILDREN'S RIGHTS COUNCIL
Rich Kuhn/John Guidubaldi
Child Custody Policies and Divorce Rates in the United States:
Shared Parenting "The Best Parent Is Both Parents"
Children's Rights Council
Children's Rights Council
John Guidubaldi, D.Ed.
John Carroll University (Cleveland, OH)
Kent State University (Kent, OH)
Excerpt from original
Regarding reasons" why women have filed more than half of all divorces."
If women can anticipate a clear gender bias in the courts regarding
custody, they can expect to be the primary residential parent for the
children. If they can anticipate enforcement of financial child support
by the courts, they can expect a high probability of support monies
without the need to account for their expenditures. Clearly they can
also anticipate maintaining the marital residence, receiving half of
all marital property, and gaining total freedom to establish new social
these gains against the alternative of remaining in an unhappy marriage
may result in a seductive enticement to obtain a divorce, rather than to resolve problems and remain married.
States that favor sole custody in divorce may thus expect to see more
divorce than states that encourage joint custody. On a practical level,
joint physical custody makes it less likely that a parent can move to
another city to eliminate interaction with the other parent. Because
both parents provide for the child directly, child support payments may
be somewhat lower with joint custody, reducing financial motives for
divorce. Perhaps most significant, joint custody also removes the
capacity for one spouse to hurt the other by denying participation in
raising the children. The correlation between joint custody and reduced
divorce may have a simple explanation. If
a parent considering a divorce is told by an attorney that a judge will
probably not permit him or her to relocate with the children,
and that the other parent will continue to be involved, he or she may
decide that it is easier to work out problems and remain married.
WARREN FARRELL, Member, Board of Directors, National Congress of Fathers and Children.
Also: Advisor to Fathers' Rights and Equality Exchange
Member, Board of Directors, Children's Rights Council.
Highly supportive of the American Fathers' Coalition (AFC often cites Farrell as an "expert")
For detail on Farrell, please go to the F.R.E.E. write-up.
STILL MORE on Warren Farrell.
CRC supports Dr. Richard Gardner, author of "Parental Alienation Syndrome."
Dr. Richard Gardner had written in "Parental Alienation Syndrome"
that typically, "... the child viciously vilifies one of the parents
and idealizes the other. This is not caused simply by parental
brainwashing of the child. Rather the children themselves contribute
their own scenarios in support of the favored parent." His experience
has been that "... in about 80 to 90 percent of cases the mother is the favored parent and the father the vilified one." (The Parental Alienation Syndrome, 1989, p. 2)
According to "Violence In The Family," a 1996 report of the American
Psychological Association Presidential Task Force on Violence And the
Family, "[B]ehavior that would seem reasonable as a protection from abuse may be misinterpreted as a sign of instability.
Psychological evaluators not trained in domestic violence may
contribute to this process by ignoring or minimizing the violence and
by giving inappropriate pathological labels to women's responses to
chronic victimization. Terms such as "parental alienation" may be used to blame the woman for the children's reasonable fear of or anger towards their violent father."
What Is Parental Alienation Syndrome and Why Is It So Often Used Against Mothers?
John E. B. Myers, Professor of Law
University of the Pacific McGeorge School of Law, Sacramento, California
"In his 1991 book titled Sex Abuse Hysteria: Salem Witch Trials Revisited,
Gardner is harshly critical of an unspecified portion of the mental
health professionals, investigators, and prosecutors trying to protect
children. For example, Gardner accuses some
prosecutors of gratifying their own sexual urges and sadistic
tendencies through involvement in sexual abuse cases. Gardner goes so far as to say that "there is a bit of pedophilia in every one of us.
(p. 118) It seems clear that Richard Gardner cannot claim to be
balanced or objective when it comes to allegations of child sexual
"Gardner's Parental Alienation Syndrome has
not, to my knowledge, been subjected to empirical study, research, or
testing. Nor to my knowledge, has the syndrome been published in peer
reviewed medical or scientific journals. Rather, the syndrome is simply
Richard Gardner's opinion, based on his clinical experience.
Of course, the fact that Parental Alienation Syndrome is based on one
man's experience does not imply there is something wrong with the
syndrome. Nevertheless, it is clear that the syndrome is not accepted
as a scientifically reliable way of telling whether an allegation of
sexual abuse is true or false. Moreover, in my opinion, much of
Gardner's writing, including his Parental Alienation Syndrome, is biased against women.
This gender bias infects the syndrome, and makes it a powerful tool to
undermine the credibility of women who allege child sexual abuse.
Because parental alienation perpetuates and exacerbates gender bias against women, I believe the syndrome sheds much more darkness than light on this difficult issue."
Abuse Scale: Point System for Abuse Claims
Journal of the American Bar Association (1988)
D. C. Moss
[Reference to Jon R. Conte, of the School of Social Work, University of Washington, Seattle, WA]
"[Jon Conte wrote that Gardner's Sex Abuse Legitimacy Scale is] [p]robably the most unscientific piece of garbage I've seen in the field in all my time. To base social policy on something as flimsy as this is exceedingly dangerous."
From: "American Fatherhood: The Voice of Responsible and
Dedicated Fatherhood" (The newsletter for F.A.I.R., The National
Father's Organization, which is a father's rights group from Delaware)
"Central to the paranoid mechanism is projection. These mothers see in
their husbands many noxious qualities that actually exist within
themselves. By projecting these unacceptable qualities onto their
husbands they can consider themselves innocent victims. When a
sex-abuse allegation becomes part of the package, they may be projecting their own sexual inclinations onto him.
In the service of this goal they exaggerate and distort any comment the
child makes that might justify the accusation. And this is not
difficult to do because children normally will entertain sexual
fantasies, often of the most bizarre form. I am in agreement with Freud
that children are 'polymorphous perverse"
and they thereby provide these mothers with an ample supply of material
to serve as nuclei for their projections and accusations."
"... [T]raditional therapy for the mother is most often not possible.
She is totally unreceptive to treatment and will consider a therapist
who believes that her delusions are not warranted to be joining in with
her husband. He thereby becomes incorporated into the paranoid system.
A court order that she enter into treatment is futile. Judges are often
naive with regard to their belief that one can order a person into
treatment. This is an extension of their general view of the world that
ordering people around is the best way to accomplish something. Most judges are aware that they cannot order an impotent husband to have an erection or a frigid wife to have an orgasm. Yet, they somehow believe that one can order someone to have conviction and commitment to therapy."
"Therapy for the children, as well, is most often not possible while the children are still living in the mother's home. ... There is a sick psychological bond here between the mother and children that is not going to be changed by therapy as long as the children remain living with the mother."
"Accordingly, the first step towards treatment is removal of the children from the mother's home and placement in the home of the father, the allegedly hated parent. This may not be accomplished easily and the court might have to threaten sanctions and even jail
if the mother does not comply. Following this transfer there must be a
period of decompression and debriefing in which the mother has no
opportunity at all for input to the children. The hope here is to give
the children the opportunity to reestablish the relationship with the
alienated father, without significant contamination of the process by the brainwashing mother."
"...[I]f she continues to alienate the children it may be necessary to assign primary custody to the father and allow a frequency of visitation that will be limited enough to protect them from significant reprogramming."
"... [I]t is also important that the therapist be court ordered and
have direct input to the judge. This can often be facilitated by the
utilization of a guardian ad litem or a child advocate, who has the
opportunity for direct communication with the court. The
mother must know that any obstructionism on her part will be
immediately reported to the judge, either by the therapist or though
the guardian ad litem or child advocate. The court must be willing to impose sanctions such as fines or jail. The threat of loss of primary custody can also help such mothers "remember to cooperate."
"...The court's therapist must have a thick skin and be able to
tolerate the shrieks and claims of maltreatment that these children
will provide. Doing what children profess they want is not always the
same as doing what is best for them. Therapists
of the persuasion that they must "respect" their child patients and
accede to their wishes will be doing these children a terrible
"Typically, over time such false allegations become elaborate and new
allegations arise when the earlier ones do not work. It is antitherapeutic to listen to these. Rather, it is therapeutic to say,"That didn't happen! So let's go on and talk about real things like your next visit with your father."