Legal Domestic Abuse - Psychiatric Ploys of Child Custody

Twisted: Expert Witnesses and Their Ethics

This article reminds us of some of our less favorite Whores of the Court here in Indiana. Yes Virginia, it is happening all over the country.

Seattle Times special report: Twisted ethics of an expert witness

By Ken Armstrong and Maureen O'Hagan

Seattle Times staff reporters

June 25, 20011

Earlier this year, a four-page document with a bland title, "Stipulation for Dismissal with Prejudice," was filed in a civil matter percolating on the King County Courthouse's ninth floor. Hardly anyone took notice. Most everyone had moved on.

But that document — filed by lawyers tangled up in the estate of Stuart Greenberg, a nationally renowned psychologist whose life ended in scandal — signaled the end of a tortuous undertaking.

Greenberg had proved such a toxic force — a poison coursing through the state's court system — that it took more than three years for lawyers and judges to sift through his victims and account for the damage done.

For a quarter century Greenberg testified as an expert in forensic psychology, an inscrutable field with immense power. Purporting to offer insight into the human condition, he evaluated more than 2,000 children, teenagers and adults. His word could determine which parent received custody of a child, or whether a jury believed a claim of sexual assault, or what damages might be awarded for emotional distress.

At conferences and in classrooms, in Washington and beyond, he taught others to do what he did. He became his profession's gatekeeper, quizzing aspirants, judging others' work, writing the national-certification exam. His peers elected him their national president.

But his formidable career was built upon a foundation of hypocrisy and lies. In the years since Greenberg's death, while court officials wrestled over his estate, The Seattle Times worked to unearth Greenberg's secrets, getting court records unsealed and disciplinary records opened.

Those records are a testament to Greenberg's cunning. They show how he played the courts for a fool. He played state regulators for a fool. He played his fellow psychologists for a fool. And were it not for a hidden camera, he might have gotten away with it.

In summer 1984, Cathy Graden, a 27-year-old surgical nurse from Woodinville, was summoned to King County Superior Court for an emergency hearing in her child-custody case.

Her lawyer said a psychologist's report was behind the hearing. But Graden wasn't allowed to read the report. Nor was she allowed in the courtroom while the psychologist testified.

The psychologist, Stuart Greenberg, had been hired to help resolve a custody dispute involving Graden's only child, a 4-year-old boy whose bright, goopy finger-paintings Graden taped up all over the house.

Although appointed by the court, Greenberg was paid by the parties. He had interviewed the boy and both parents, and run a half-dozen tests with impressive names (the Achenbach Child Behavior Checklist, the Michigan Screening Profile of Parenting ... ).

Graden figured she had nothing to fear. She taught Sunday school; she did volunteer work; she had taken care of her son when the boy's father moved to Alaska after the couple's divorce. "I thought there was no way I could possibly lose this," she says.

Greenberg had arrived in Seattle five years earlier, hired by the University of Washington. A letter written by the department chairman called Greenberg a "last-minute replacement" for a psychology professor who'd resigned. Greenberg's credentials "were on hand," because he'd applied for some other position.

His credentials were acceptable but not extraordinary. He had a Ph.D. from the University of Southern California, where his thesis was a word salad: "Stimulus and Response Generalization of Classes of Imitative and Non-imitative Behavior as a Function of Reinforcement, Task, Cues, and Number of Therapists." On Washington's psychology licensing test, one examiner marked Greenberg's professional judgment as "good," his knowledge and skills, "okay."

Teaching, Greenberg earned just $15,300 his first year. His second year, he was assigned only a single evening class. He left the university and moved into private practice. He picked up court appointments in Western Washington as a custody investigator, expert evaluator, arbiter, mediator, guardian ad litem, special master. He became enmeshed in the court system, buddying up to lawyers, judges, fellow experts.

On the stand, he radiated confidence. "He was just kind of a notch above the rest of us," says Nick Wiltz, a fellow forensic psychologist. "He was able to present reports and information in a very powerful way."

But Greenberg also demonstrated dubious judgment and a cavalier attitude toward his ethical obligations, which forbade even the appearance of a conflict of interest.

Please go to the original article to read the rest of the story.

Daily Occurrence: More Blood on the Hands of Family Court Judges

Lauren McConniel

Another case, one of many mothers who lose their children for no reason. This little girl's last days on earth were hell, and thanks to the family courts, other children are still suffering this fate every day. Just look at the news.

Mother "broken" after five year-old daughter's death

The mother of a little girl in Muncie who died of malnutrition, has strong words for Central Indiana: "Do not let this happen to another kid."

Indianapolis — The mother of a little girl who died of malnutrition, has strong words for Central Indiana: "Do not let this happen to another kid."

That was the message from five-year-old Lauren McConniel's mother Amber Huggins. Higgins spoke via phone to Fox59 News Thursday.

Huggins made a desperate plea to the public saying, "To everybody, if you ever see a child that you think is being abused, even if you have your doubts, please contact Child Protective Services."

Huggins lives in Knoxville, Tennessee. She said she lost custody of Lauren to her ex-husband Ryan McConniel who is now being bars along with his wife Brittany. Both are charged with Class A Felony counts of neglect, causing Lauren's death.

According to Huggins, "The only reason that she [Lauren] ended out of my custody is because when I went to my divorce proceeding, I did not have an attorney to represent me. I mean you've got your children and you're a good mother of them and a judge says, 'Alright, we're going to give custody to the dad.' "

A detective with the Muncie Police Department said the custody battle took place in Arkansas. On Amber Huggins' Myspace page, she lists her status as "broken." She said her daughter was in perfect health before Ryan McConniel received custody.

"She was perfect. She had an upper respiratory infection once. Other than that, she was in perfect health from the minute of her birth," said Huggins.

Just Another Day in Indianapolis: Man Beats Wife While Children Call 911 From Closet

Surprisingly, this was reported in the news. It isn't often these cases get noticed. Wanna bet daddy will get custody of the children, and mommy will get supervised visitation, if any at all? This is Standard Operating Procedure in most Indiana courts now, to give the abuser custody of the children and to limit's mother's contact so she cannot discuss the horrible abuse that the children witnessed. Instead, Indiana children can experience their own horrors of life with the abuser.




Man beats wife, kids call 911 in closet

Updated: Tuesday, 02 Nov 2010, 12:25 PM EDT
Published : Monday, 01 Nov 2010, 6:45 PM EDT

* By: AJ Colley

NEW WHITELAND, Ind. (WISH) - A man was arrested in New Whiteland Sunday night after badly beating his wife in front of the couple’s children, police say.

The two children hid in a closet in a back bedroom while calling 911. The incident happened at about 11 p.m. Sunday.

According to police, Timothy Brown was holding the front door closed on officers. Three officers responded and two used a stun gun on Brown.

When police got inside, Brown’s wife was unconscious on the couch. She was taken to Methodist Hospital in Indianapolis. Brown was taken to Johnson Memorial Hospital after making suicidal comments, but was later transferred to jail.

Police say Brown has had domestic issues in the past. New Whiteland Police Sgt. Dave Glaze said it’s the worst case of domestic violence he’s seen in his 23 years on the department.

Police escorted the two children out of the house with a blanket over their heads so they couldn’t see their injured mom or their dad in handcuffs.

There's Nothing Friendly About Abuse

From the current issue of Ms. Magazine:

Children are at risk when custody cases rely on a meritless theory of parental "alienation"

by R. Dianne Bartlow


It's a statistic so unbelievable that it's difficult to wrap your head around: A research review by lawyer and domestic violence expert Joan Zorza found that in about half of the 100,000 contested child custody cases each year in the United States, custody goes to the father - even though at least one-third of these fathers reportedly committed domestic violence against the mother or the child. In fact, women are actually more likely to win custody if they do not allege abuse.

The force behind these rulings are the innocuous-sounding "friendly parent" statutes on the books in at least 32 states, which mandate that courts, in deciding custody, consider how willing each parent is to facilitate a "close and continuing" relationship between the child and the other parent. This is one factor in determining what custody arrangements are "in the best interests of the child."

"Friendly parent" statutes are a dressed-down form of a theory called Parental Alienation Syndrome. PAS theorizes that most accusations of child abuse (especially sexual abuse) made during a custody battle are actually fraudulent. Not only are the charges false, says the theory, but they are deliberately undertaken by one parent (in most cases, the mother) to "alienate" the child from the other parent (generally, the father).

Never mind that the American Psychological Association has said PAS has no valid merit, nor that PAS inventor Richard Gardner has also said that society "overreacts" to sexual abuse and that pedophilia is an honorable lifestyle choice. PAS lives on in "friendly parent" statutes and in the testimony of many court-appointed evaluators and mental-health professionals. Those who diagnose PAS often recommend that full custody go to the "alienated parent" (usually the biological father) and that unsupervised visitation with the "alienating parent" (usually the mother) be cut off.

Ultimately, these outmoded ideas maintain their grip because of a long-standing tradition of discrediting women's concerns and believability in comparison to men's, wrote Zorza in Domestic Violence, Abuse and Child Custody (Civic Research Institute, 2010). Their effect is to lend powerful leverage to abusers.

"Severely abusive fathers may deliberately escalate their abuse to force the woman to complain, flee, or bargain away valuable marital assets, alimony or child support. They then retaliate by filing for custody, knowing they will likely be able to deprive the mothers of the children," writes Zorza. "Other abusive fathers use the "friendly parent" concept to force the mother to pay them child support and to deprive her of any visitation."

The consequences can be dire. According to the Center for Judicial Excellence, a court advocacy organization, an estimated 75 children nationwide were murdered between June 2009 and April 2010 by abusive fathers who won custody battles.

Currently, about half of the states in the U.S. have laws requiring courts to consider domestic violence on an equal basis with factors such as "friendly parent" statutes when making custody determinations. But family courts have wide discretion in how heavily to weigh domestic violence. The National Council of Juvenile and Family Court Judges and the American Bar Association recommend that abuse be given more consideration than other factors in custody cases - and that courts withhold sole or joint custody from anyone with a history of domestic violence.

It's high time for parents and the public to know what's going on in these situations, says Barry Goldstein, co-editor of Domestic Violence, Abuse, and Child Custody: "I believe that if the public was aware of the frequency in which courts make fundamental mistakes and send children to live with abusers, the practice would quickly end because it would not be tolerated."

R.Dianne Bartlow, PH.D., is associate professor of gender and women's studies at California State University, Northridge.

Battered Women Now Safe from Retiring Father-loving Whore of the Court Richard Lawlor?

Let's hope so. He's put children into the hands of alleged abusers. (He well known for loving fathers after all). He does this by twisting anything to fit his own personal bias.

From Lawlor, in "The National Psychologist":

Similarly, if psychologists become involved in child custody areas, they need to understand the law relating to child custody. The dangers of psychologists getting inadvertently involved in this type of situation have recently been discussed. (See Younggren, The National Psychologist, September/October 2009; and Williams, The National Psychologist, November/December, 2009).

This article is not oriented toward an in-depth discussion of any of these issues. However, it does seem that we as a profession need to systematically train practitioners in this area where, in a variety of ways, the law significantly impacts our practices. Current training is hit or miss.

Psychologists who become sub-specialized in the area of forensic psychology typically have a subset of psychology where they have developed expertise, for example, custody evaluations. In order to do those competently, the psychologist needs to understand the research that underlies that particular area of practice. Similarly, psychologists need to understand the legal statutes, case law and administrative laws of their jurisdictions that impact all of the areas in which they practice.

When Lawlor was quoted in a 2005 Indianapolis Star article about the McGuffey murder-suicide, he said what Edward McGuffey did "was so over the top," rejecting that a father could actually do that to a child. Well it happens almost every day in the United States. Lawlor has NO understanding of domestic violence and violent acts upon children. Fathers are abusing their children, yet they are handed custody of them (if they haven't killed them already), thanks to people like Lawlor. (See more about this on Dastardly Dads).

Hyper-focused Lawlor never practiced his own spiel here and never apparently read Indiana State Code. He never understood that domestic violence and fathers that sexually abuse their children SHOULD be taken into account when considering custody. He apparently does not know anything of the American Bar Association, the American Psychological Association, the National District Attorney's Association, the American Judge's Association, and the National Council of Juvenile and Family Court Judge's (pg. 12) studies, discussions and warnings about this. No, he's just your run-of-the-mill hired gun. He did make plenty of money as a Court Whore, testifying mostly on behalf of fathers.

Richard Lawlor, Ph.D., J.D., retired after 35 years as a professor in the Department of Psychiatry at Indiana University School of Medicine. He was the director of the psychology internship program for 10 years and chief of the outpatient forensic child psychiatry service for 10 years.

Adios Muchacho...

Also see: Dr. Richard Lawlor Worshipped at the Altar of Pedophile-lover Dr. Richard Gardner

Battered Mothers to Hold Vigil at the White House on Mother's Day

No thanks to the civil (?) court judges that give child custody to abusers, and cut mothers out of the children's lives....don't you think the children know what is going on already? Don't you know they often witness when a parent beats the crap out of the other parent, over and over again?

By Mary Darcy

WeNews correspondent

Friday, May 7, 2010

Battered mothers often shy away from publicity. But this year, in a sign of their growing organization, some plan to spend Mother's Day in Washington in a White House vigil to draw attention to a court system that often gives custody to abusers.

(WOMENSENEWS)--On Mother's Day, busloads of battered moms and advocates for abused children will roll into Washington, D.C.

They'll hold a vigil outside the White House in an effort to persuade President Obama to take up their cause of reforming a family court system that they say all too often puts children into the hands of abusive parents.

For some it marks a new and somewhat frightening degree of public exposure. Some of the protesters will be shrouded in scarves, hiding from their abusers or a court system they fear will punish them for speaking out.

"They're whistleblowers," said vigil organizer Connie Valentine, policy director for The California Protective Custody Association, based in Sacramento. "The system doesn't look kindly on whistleblowers. It's a difficult situation because we have seen enormous judicial retaliation against mothers who step up in front of the problem."

Efforts to quantify the problem are just beginning but protective parents claim it is widespread. A study done by the Williamsburg, Va.-based American Judges Foundation in the early 1990s showed that in 70 percent of challenged cases, battering parents involved in custody battles persuaded authorities the victimized parent was unfit for sole custody, according to a spokesperson from the foundation.

Valentine and other advocates for protective parents call the family courts broken and corrupt and say the system not only puts children into the hands of abusive parents, it also bankrupts and punishes the protective parents who fight for them. At the same time, they say it's hard to reform the system because the people it hurts are hiding from abusers and anxious to avoid publicity.

Shifting Ground

But Valentine feels the ground shifting. "I think we're in the early stages of a civil rights movement for protecting children from physical and sexual abuse."

She said the Internet is helping battered mothers come together. "E-mail has helped. It's a good part of the reason for all of the advocacy," Valentine said. "Women are beginning to see that it's not their fault and that they are just pawns in the game."

Mo Hannah, psychology professor at Siena College, near Albany, N.Y., used the Internet to organize the first annual conference for battered women seeking custody in 2004, after her own difficult custody battle.

This past January marked the seventh gathering, which meets annually in Albany and is the major organizing and networking event of the year for protective parents.

"The first conference was about getting people to talk and validate their experiences," Hannah said. "But as the conferences continued it became very clear that we needed a national movement. Now the conference is just sort of an umbrella or structure that encourages people to share with each other."

Over the seven years, women have met at the conference and formed smaller groups, such as the Massachusetts Protective Mothers for Custodial Justice.

"Mass Moms," as it has come to be known, brings together women who have gone through custody battles with those currently in the throes. Volunteers accompany women to court and on lawyer visits and play a general shepherding role.

"We stand next to a woman who is fighting for her children while she pleads and receives orders," one Mass Mom told Women's eNews at January's Battered Mothers Custody Conference.

These volunteers have all been through their own custody battles and declined to be named for fear of retribution from their ex-husbands or the court system. Many have gag orders associated with their own cases. It is this type of fear of retribution that has helped keep the protective parents movement under the radar.

Fear Stands in the Way

The California Protective Custody Association's Valentine understands the fear that keeps women from protesting and fighting the bigger battles.

"I waited until my own children were grown so we weren't affected by the family court system," she said.

Valentine says advocates and organizers need to study and replicate the successful civil rights campaigns of the past.

"Slavery was ended with a good law but slavery wasn't ended because a good law happened to come about. The law happened because huge masses of people put their lives on the line and fought for it," Valentine said.

This year "Mass Moms" is preparing to add some more public activism to their advocacy with a demonstration taking place in Boston on a date to be announced soon. In what they're planning to call "Confetti," the moms will symbolically shred court-appointed guardian reports--which they feel are particularly unfair to protective parents--into little bits and toss them at the statehouse to call attention to the plight of protective mothers fighting for custody of their children.

In New York City, a group called V.O.W., or Voices of Women, has been working within the court system to try to provide legal counsel and one-on-one help for women. On a wider scale its mission is to "promote long-term systemic change by documenting institutional failures, testifying at hearings, creating position papers and meeting with local and state officials."

Both Valentine and Hannah say this is the right time to take the movement to the next level.

"The new president is a fatherless man with a good wife and they will hear us," said Valentine. "And if they don't hear us, Vice President Joe Biden worked on the violence against women act and he will hear us. And if they don't hear us we will keep going until they do hear us."

Mary Darcy is a multimedia producer/host and documentary filmmaker. She's a two time Gracie Award winner for her work with Kate Mulgrew on Herstory and The Sounds of Progress, public radio series about great women in science. Darcy is a co-owner in Uptown/Downtown Media, producers of Alloveralbany.com.

For more information:

Battered Mothers Custody Conference
http://www.batteredmotherscustodyconference.org/

Battered Mothers Custody Conference California Protective Parents Association http://www.protectiveparents.com/research.html

Indiana Civil Court Judges: Are You That Stupid or That Corrupt?

Most children I know care for their mothers very, very much. A lot of them would try and protect their mother, just as this son did recently in Indianapolis. Do you think this boy will have loving feelings toward the boyfriend? Should he? What if mom got him in to counseling to not be afraid of the boyfriend anymore, even though he watched him almost kill his mom?



She would bend over backwards to have him not afraid of the boyfriend, and still an Indiana judge would gladly hand over that child to the abuser if they were in a custody battle. It happens all the time here. WHY?

The Indiana Supreme Court Disciplinary Committee and the Indiana Commission on Judicial Qualifications are tired of the corruption/incompetence in family court. Don't you guys know anything about the fact that when a child is afraid of an abuser, it is probably for a good reason? Do you guy subscribe to any ethical rules and practices. Maybe you need to read this from the National Association of Juvenile and Family Court Judges:

2009: A Judicial Guide to Child Safety in Custody Cases
National Council of Juvenile and Family Court Judges Family Violence Department

Page 12:
C. [§3.3] A Word of Caution about Parental Alienation34

Under relevant evidentiary standards, the court should not accept testimony regarding parental alienation syndrome, or “PAS.” The theory positing the existence of PAS has been discredited by the scientific community.35 In Kumho Tire v. Carmichael, 526 U.S. 137 (1999), the Supreme Court ruled that even expert testimony based in the “soft sciences” must meet the standard set in the Daubert case.36 Daubert, in which the court re-examined the standard it had earlier articulated in the Frye37 case, requires application of a multi-factor test, including peer review, publication, testability, rate of error, and general acceptance. PAS does not pass this test. Any testimony that a party to a custody case suffers from the syndrome or “parental alienation” should therefore be ruled inadmissible and stricken from the evaluation report under both the standard established in Daubert and the earlier Frye standard.38

The discredited “diagnosis” of PAS (or an allegation of “parental alienation”), quite apart from its scientific invalidity, inappropriately asks the court to assume that the child’s behaviors and attitudes toward the parent who claims to be “alienated” have no grounding in reality. It also diverts attention away from the behaviors of the abusive parent, who may have directly influenced the child’s responses by acting in violent, disrespectful, intimidating, humiliating, or discrediting ways toward the child or the other parent. The task for the court is to distinguish between situations in which the child is critical of one parent because they have been inappropriately manipulated by the other (taking care not to rely solely on subtle indications) , and situations in which the child has his or her own legitimate grounds for criticism or fear of a parent, which will likely be the case when that parent has perpetrated domestic violence. Those grounds do not become less legitimate because the abused parent shares them, and seeks to advocate for the child by voicing his or her concerns.

Madison County Judge FINALLY Gets Fired after Being Punished THREE TIMES Previously By Indiana Judicial Commission

"Spencer had been disciplined by the commission three times in prior cases that resulted in a 30-day suspension without pay, a public reprimand and a public admonition."

Pretty pathetic. Disciplined THREE TIMES. (How many times was Danielle Gregory punished before she was fired?)...is there special protection for corrupt male judges over corrupt female judges in Indiana? Why are any of them around (including those on the Hall of Shame)...disregard for the law should be a one-way ticket off the bench. After all, most of these corrupt judges take children from mothers and give them to abusers, to the detriment of our children.

From WRTV-6:

Judge Resigns Amid Investigation Into Murder Case

Disciplinary Investigation Dropped


MADISON COUNTY, Ind. -- A Madison County judge will resign amid an investigation into his handling of a murder case.Circuit Court Judge Fredrick Spencer, 71, was the subject of a probe by the Judicial Qualifications Commission regarding the case of State v. Ward, 6News' Derrik Thomas reported.

Spencer had been disciplined by the commission three times in prior cases that resulted in a 30-day suspension without pay, a public reprimand and a public admonition.

His resignation will halt the current investigation."For his actions related to a murder case, Judge Spencer has tendered his resignation to the Judicial Qualifications Commission. In light of his resignation, the commission is no longer investigating the case," said Indiana Supreme Court spokeswoman Kathryn Dolan.

Former Madison County Prosecutor Rodney Cummings tried more than 30 cases in front of Spencer. While he had many public disagreements with the judge, he said he wished him well."Careers come to an end. I hope for Judge Spencer's sake, it is a happy day for him," he said. "I hope, even though there have been issues that have drawn media attention, I hope it doesn't get overshadowed by some of the other things that he did."

Friday will be the final day of Spencer's 26-year career as a judge.The Indiana Supreme Court will appoint a temporary judge to fill his position. His successor will be appointed by Gov. Mitch Daniels.

Another Crooked Marion County Judge Caught: Adios Muchacha!

From WTHR:

Judge loses job over texting during hearings

Updated: Sep 21, 2009 5:08 PM EDT

Sandra Chapman/13 Investigates

Indianapolis - Teens are warned every day not to text anything inappropriate, and definitely not while behind the wheel or in the classroom.

But it's a message that escaped a Marion County Juvenile Magistrate. She was fired for texting violations while hearing cases.

Most assume unrestrained texting is a juvenile problem. At the Marion County Juvenile Court, where camera phones are banned, it isn't just troubled teens with busy fingers but a magistrate caught breaking the rules.

According to a court disciplinary record obtained by 13 Investigates, Magistrate Danielle Gregory engaged in inappropriate conduct, texting a married male employee in the middle of more than one juvenile hearing.

Outside the court, visitors couldn't believe it.

"Really?" questioned one mom while another man chimed in, "That's crazy."

Ashley Wingler, who was told she couldn't bring in a cell phone because it would interrupt proceedings, found it just as troubling. "The judge should be more interested in the hearing instead of texting on the phone," she said.

In fact, Gregory's supervisor writes in the disciplinary record that "Multiple text messages were sent from [Gregory's] cell phone number to [the male employee's] cell phone during court hours including times [she] was on the bench conducting court sessions."

"Text messages were sent from your phone...on August 7th during a court session...and the messages included sending three pictures of yourself," the report read.

"That's inappropriate. You on your phone and texting, sending pictures while you're having court, that's inappropriate," said Robert Lasley as he awaited a hearing Monday afternoon.

Within less than an hour outside the facility at 2451 North Keystone Avenue, nearly a dozen parents were turned away from the juvenile court because of camera phones. But it might surprise some to learn that the Marion Superior Court does not have a policy against texting from the bench.

Instead, Gregory was terminated for violating court policies, including: "committing any act while off duty that would discredit the Court," and for "immoral, unprofessional, or disruptive behavior while on duty."

According to the disciplinary report, the male employee on the receiving end was assigned to mentor families in the court.

Indiana Supreme Court Spokeswoman Kathryn Dolan told 13 Investigates, "Behavior for judicial officers, including judges and magistrates, is guided by the Indiana Code of Judicial Conduct. And while the code does not specifically deal with new media, it does provide specific and detailed information on how judicial officers are required to behave."

"She should have been fired, you know. Definitely shouldn't have been doing that. Especially being a judge...she should have definitely known better," said Jim, the father of an incarcerated teen being held at the center, agreeing with the decision to fire Gregory.

"I think that's terrible," added Tavia Norman, in disbelief. "Of course I would want them paying attention to what's going on. Shouldn't no judge or nobody should be texting on the cell phones," she said.

Family Courts are Warned Against Use of So-called "Parental Alienation Syndrome"

From Rights For Mothers:

Here is the new Judicial Guide to Child Safety in Custody Cases from the National Council of Juvenile and Family Court Judges Family Violence Department. Again the fake, so-called "Parental Alienation Syndrome" and the use of "parental alienation" is warned against and the Council tells the courts they should not accept this BS.

The only entities that do believe in this fairy tale syndrome is father's rights groups who are fronted by abusive violent men and the Whores of the Court that sustain themselves by use of these false syndromes.

2009: A Judicial Guide to Child Safety in Custody Cases

National Council of Juvenile and Family Court Judges Family Violence Department

Page 12:

C. [§3.3] A Word of Caution about Parental Alienation34

Under relevant evidentiary standards, the court should not accept testimony regarding parental alienation syndrome, or “PAS.” The theory positing the existence of PAS has been discredited by the scientific community.35 In Kumho Tire v. Carmichael, 526 U.S. 137 (1999), the Supreme Court ruled that even expert testimony based in the “soft sciences” must meet the standard set in the Daubert case.36 Daubert, in which the court re-examined the standard it had earlier articulated in the Frye37 case, requires application of a multi-factor test, including peer review, publication, testability, rate of error, and general acceptance. PAS does not pass this test. Any testimony that a party to a custody case suffers from the syndrome or “parental alienation” should therefore be ruled inadmissible and stricken from the evaluation report under both the standard established in Daubert and the earlier Frye standard.38

The discredited “diagnosis” of PAS (or an allegation of “parental alienation”), quite apart from its scientific invalidity, inappropriately asks the court to assume that the child’s behaviors and attitudes toward the parent who claims to be “alienated” have no grounding in reality. It also diverts attention away from the behaviors of the abusive parent, who may have directly influenced the child’s responses by acting in violent, disrespectful, intimidating, humiliating, or discrediting ways toward the child or the other parent. The task for the court is to distinguish between situations in which the child is critical of one parent because they have been inappropriately manipulated by the other (taking care not to rely solely on subtle indications) , and situations in which the child has his or her own legitimate grounds for criticism or fear of a parent, which will likely be the case when that parent has perpetrated domestic violence. Those grounds do not become less legitimate because the abused parent shares them, and seeks to advocate for the child by voicing his or her concerns.

To read the entire report, "A Judicial Guide to Child Safety in Custody Cases (2009)" by National Council of Juvenile and Family Court Judges Family Violence Department, please click here. This report should be very useful to both moms and dads who are under attack by claims of PAS against them.

Message to Our Family Courts: Do Nothing and You Might as Well Be Lending a Hand

Dr. Richard Gardner: "Sex with Children is Not a Bad Thing"

In 1985, "Paretnal Alienation Syndrome," or PAS for short, was first described by Richard Gardner, a psychiatrist who wrote that adults having sex with children is not a bad thing. Gardner described PAS as a “syndrome” whereby vengeful mothers employed child abuse allegations as a powerful weapon to punish ex-husbands and ensure custody to themselves. He further theorized that such protective parents enlisted the children in their “campaign of denigration” and “vilification” of the abuser, that they often “brainwashed” or “programmed” the children into believing untrue claims of abuse by the father, and that the children then fabricated and contributed their own stories.

Since 1985, abusers have come to convince family courts to ignore children’s allegations of abuse by invoking parental alienation and Parental Alienation Syndrome. They wrongly claim that mothers are to blame because they are brainwashing their children.

2006 – The National Council of Juvenile and Family Court Judges also discredited the theory. It stated:

The discredited “diagnosis” of “PAS” (or allegation of “parental alienation”), quite apart from its scientific invalidity, inappropriately asks the court to assume that the children’s behaviors and attitudes toward the parent who claims to be “alienated” have no grounding in reality. It also diverts attention away from the behaviors of the abusive parent, who may have directly influenced the children’s responses by acting in violent, disrespectful, intimidating, humiliating and/or discrediting ways toward the children themselves, or the children’s other parent.


One of the most troubling consequences of Gardner’s theory is that, “PAS shifts attention away from the perhaps dangerous behaviour of the parent seeking custody to that of the custodial parent. This person, who may be attempting to protect the child, is instead presumed to be lying and poisoning the child.”


As a result, some children placed in the custody of their abusers have committed suicide; others have run away, and countless others have endured the abuse and are permanently traumatized. In recent years, children placed in custody of their abusers have been coming forward to tell their stories and to warn of the danger surrounding the fictitious syndrome.

Isn't it Time for Someone to Call Cut?

Keira Knightley stars in video to raise awareness of domestic violence for Women's Aid in the UK. WARNING: MAY TRIGGER.

When Judicial Misconduct Happens in Indiana, Public Action is Taken Against the Bad Judge Only 1% of the Time

Indiana Law - Feature on discipline of Indiana judges

The Fort Wayne Journal Gazette published this feature story today on judicial discipline in Indiana. Some quotes:

Of the more than 1,000 allegations of judicial misconduct investigated by a state panel in the past four fiscal years, public discipline was taken against judges only slightly more than 1 percent of the time. But dozens of private cautions - or confidential letters of warning - were issued by the Indiana Commission on Judicial Qualifications, which also dismissed 85 percent of the complaints.

Although lawmakers are subject to public ethics challenges and discipline against police officers is open, state law and a Supreme Court rule keep the vast majority of complaints against judges under wraps. * * *

[N]early all cases are disposed of before the public gets a chance to look at them - either by a flat dismissal or a private scolding. Of 1,013 allegations or complaints filed the past four fiscal years, 801 were immediately dismissed.

[Meg Babcock, attorney for the qualifications commission,] said this number is so high because many of the allegations are actually issues for legal appeal, such as when a defendant is unhappy with a ruling or sentence. The commission focuses only on judicial conduct.

Some cases continue to an inquiry stage - 185 in recent years. During that stage, the judge might be contacted and some basic information gathered. The seven-member commission then decides whether to dismiss the case or move to a formal investigation.

Of those 185 cases, 62 were dismissed and 82 ended in private cautions. Those are essentially letters that warn judges their behavior might be on or over the line of ethical conduct.

"They are usually a minor discretion by a judge," said Ann Borne, a Fort Wayne teacher who served two terms on the commission under former governors Evan Bayh and Frank O'Bannon.
"Whether it stays private partly has a lot to do with the attitude of the judge," she said. "Sometimes the judge is very defensive and that means we have to go further and look for patterns or problems. If there are no priors and they feel remorseful, we may go ahead and do the private caution."

Indiana isn't much different from the rest of the country, where most judicial commissions' proceedings only become public at the point of a charge or when the judge is disciplined.Here is the website of the Indiana Commission on Judicial Qualifications. The right column of the page provides links to a number of useful items, including Activities, which leads to detailed annual reports for each year. The most recent report covers July 1, 2002 through June 30, 2003 and provides a complete review of the complaints received and actions taken during that period.

Also of interest are the links to: Advisory Opinions, which cover questions involving law practices of part-time judges, fundraising activites, nepotism, etc.; and to Disciplinary Function, an overview of the Commission's disciplinary process.

Posted by Marcia Oddi on May 30, 2004 12:39 PM
Posted to Indiana Law

How to File Complaints Against Indiana Judges and Lawyers

Indiana Judge Complaints

Contact the Indiana Commission of Judicial Qualifications. To file a complaint about a judge in Indiana: www.in.gov/judiciary

An Adobe or fillable PDF complaint form is available online.

Indiana Judicial Complaint Mailing Address
Judicial Qualifications Committee
115 W. Washington Street Suite 1080
Indianapolis, IN 46204



Indiana Lawyer Complaints

Disciplinary Commission handles complaints about lawyers in Indiana. To file a complaint about a lawyer in Indiana: http://www.in.gov/

Lawyer Complaint Mailing Address
Disciplinary Commission
115 W. Washington St., Suite 1165
Indianapolis, IN 46204

Telephone
317-232-1807


Complaints about Indiana Judges and Indiana Lawyers
Each State has its own procedures for filing complaints against judges. All states require a written and signed complaint. Some states have a form for you to fill out. Other States request a letter. Grievances of misconduct usually concern issues of conflict of interest or impartiality. Adverse rulings or judgments are not considered legitimate grievances. You must support the complaint about the Indiana Judge with sufficient documentation. Contact the Indiana Commission of Judicial Qualifications.

All states maintain an agency to process lawyer complaints. These disciplinary counsels can usually be found as a department of the state bar association or as a branch of the state supreme court. Complaints can be filed by filling out a form supplied by the disciplinary counsel or by writing a letter to Disciplinary Commission. Check the Indiana web site http://www.in.gov/ to find the requirements for a complaint about a Indiana Lawyer.

Hey Indiana Judges and Lawyers, Look Here at This

A lot of you have a problem with ethics and ethical decisions. Well, on the Indiana Bar Association, I found this that may help you all:

Ethics counseling for lawyers & judges available by phone

The telephone advisory panel of the ISBA Legal Ethics Committee has fielded hundreds of calls from attorneys since establishment of the panel more than 10 years ago. This little-known service was made available to lawyers and judges by the Association to provide a "hotline" for obtaining ethical counseling for members who have, or believe they have, an ethical dilemma, and who typically do not have the time to await a formal opinion by the full committee. Or, more often, the caller has preliminarily decided upon a course of conduct that is thought to conform to the Rules of Professional Conduct, but needs to discuss that course with a committee member for reassurance.

The dedicated members of the advisory panel welcome such calls, provided the caller first has carefully reviewed the seemingly implicated rule or rules and any cases that appear in the annotations to such rule, and has been unable to arrive at a comfortable solution to the dilemma.To obtain counseling on a matter of legal ethics, click here for a roster of the telephone advisory panel. (The panel will not respond to inquiries by nonmembers of the Association.)

In responding to a call, the advisory panel member likely will not provide an opinion, authority for which is reserved to the committee as a whole. Rather, the advisor will discuss with the inquirer the effect of particular rules upon the proposed conduct, and perhaps make a recommendation as to how to avoid a particular ethical pitfall.

SO, PLEASE USE THIS SERVICE BEFORE DESTROYING ANYMORE FAMILIES IN INDIANA

An Indianapolis Mother Continues Her Search For Justice, Part 3

From The Indianapolis Recorder:

Indianapolis mother Tracie Nelson’s fight to regain custody of her daughter has been difficult, and the concerns she has raised could place select individuals in the Marion County court system on the defensive. Nelson, however, maintains that every motion filed in court and every complaint presented to various agencies has only been used for the best interest of her daughter, Kay (Not her real name. The Recorder does not publish names of minors in court cases.)

Nelson insists her goal is to have Kay removed from the home of her father, who was questioned for (but has never been charged with) sexual abuse. At the least, she would like more visitation with her seven-year-old child. “I’m not out to try to hurt or anger anyone,” Nelson says, holding back tears. “All I’m asking for is justice and safety for my beautiful daughter. I raised Kay from her birth until she was taken, and she and I have a special bond that can’t be erased.”

As written in previous segments of this series, Nelson said her main obstacle to getting a fair assessment of her situation was conflict of interest in local paternity and civil courts, allegedly due to close ties between particular judges and the attorney of her ex-boyfriend.However, Nelson is also disappointed with the assistance she has received from individuals charged with ensuring the protection of children.

Specifically, she is unhappy with Kay’s Guardian Ad Litem. The guardian ad litem is a person asked by the court or attorney to represent a child and independently assess their needs during a legal dispute between parents. At the request of Nelson’s attorney, a guardian ad item was appointed for Kay. According to public records, Nelson recently filed a petition for the dismissal of that guardian ad litem, Denise Hayden.

Nelson says she has information that Hayden had served as a pro tempore judge in a court case involving her custody dispute, and therefore cannot be impartial. She also claims Hayden has refused to return her phone calls, has not actually spoken with Kay since July and refused to recommend counseling for the girl following allegations of abuse. “If there were nothing to hide, what would it have hurt?” said Nelson.

Nelson said she asked Hayden’s attorney, Claire Deichman to appoint another guardian ad litem but was told another was not available. Neither Hayden nor Deichman could be interviewed. Inquires were directed to Kid’s Voice, a not-for-profit organization that provides representation for children, as well as parent-child visitation, programs for volunteers serving at-risk youth, and legal resources for attorneys.

Nelson said Kid’s Voice is a good organization, so she can’t understand why Kay couldn’t get another guardian ad litem. Eddie Rivers, CEO of Kid’s Voice, said he could not talk about any case publicly, but said he hoped a misunderstanding about a single person will not tarnish the reputation of well-meaning volunteers with the organization who work hard to protect children.
“We are asked to provide information for judges in a manner that shows no prejudice against either parent. Our main goal is to take care of the child and look at what we can do to help them,” Rivers said. Kid’s Voice has a staff of five attorneys who are responsible for different programs, as well as a team of volunteers.

“People choose to serve as a guardian ad litem on a volunteer basis, and we train our volunteers extremely well before we let them work with children,” said Rivers. “We conduct background checks to prevent any possibility of conflict on interest. We take that seriously.”

Nelson also says the Marion County Department of Child Services (DCS), which is part of the Indiana Department of Child Services, has not stood up for the protection of Kay. DCS had been contacted twice to file reports of sexual abuse, after the girl gave details of how she was allegedly touched to a forensic interviewer and detective. In January 2008 a CHINS (child in need of services) case was filed to investigate, and Kay was moved from the father’s custody to her grandmother’s home temporarily pending the investigation. Two month’s later however, the CHINS investigation was suddenly dismissed, and custody of Kay shifted back to the father.
Nelson said at first DCS joined her in expressing surprise when the CHINS case was suddenly dismissed without a fact-finding hearing, which is required by law. She was hoping that after its review, DCS would support her in demanding a strong investigation of the abuse allegations and call for the removal of Kay from the father’s home.

But Nelson is upset that following a review last month, DCS determined that abuse allegations against the father are “unsubstantiated,” and the fact that the courts dismissed the CHINS case, even though the case was dismissed by a judge accused of conflict of interest.

At the same time, the review said concerns about Nelson fostering an endangering environment for Kay are “substantiated,” adding that being at the center of a custody battle and hearing damaging accusations could impact Kay’s mental stability. “They are letting the person who is hurting my child get away, but they’re trying to penalize me for fighting,” said Nelson.

Ann Houseforth, director of communications for DCS, said she can’t speak specifically about anyone’s case, but explained that since 2006 the agency has reviewed cases using a procedure under CAPTA (the Child Abuse Prevention and Treatment Act). When a report of abuse or neglect is made, the agency goes to a child’s home to determine their safety. Different individuals and experts familiar with the case are interviewed about the allegations.

A report is then issued that will either substantiate or unsubstantiate the allegations. Individuals unhappy with the report can ask for information to be removed through a review process or administrative trial. However, even if a parent has negative information substantiated (upheld) against them, it does not mean an automatic change in custody.

“If you have a substantiation on your record, it wont mean that your children will be permanently taken away from you or that you can’t get them back,” said Houseforth. “They may be removed temporarily until conditions improve, but the parent will not lose them forever.”

Houseforth said DCS also works with community service organizations to help parents provide a more healthy and safe environment for children. In addition to requesting a new guardian ad litem, Nelson is trying to get her case assigned to a new court.

Nelson’s family is hopeful that such action will be another step taken to get Kay home. Minnie Blaylock, Nelson’s mother and Kay’s maternal grandmother, describes her granddaughter as smart, funny and genuinely interested in connecting with other people.

Blaylock says it doesn’t make sense that she and Kay are in the same city, yet haven’t seen each other in months. (Nelson can have paid supervised visits with Kay, but Blaylock and anyone else from Nelson’s family are not authorized to participate.) “We are being penalized because we are trying to protect her,” said Blaylock. “What kind of justice is that?”

Black Fathers and the Family Court

From RandiJames.com:

Tuesday

Black Fathers and the Family Court

“The court has the mentality that if a Black father is interested in his child, even if he has shown no interest previously, that it is such a unique situation that the mother must be wrongfully interfering,” said Davis.I found this quote in an article about the Marion County, Indiana family court system, posted on Indiana Mothers for Custodial Justice.

I take special notice of this statement and how the White Patriarchal establishment uses the Black family as an example of what is dysfunctional in society, in order to maintain White male hegemony. And this affects the thinking of everyone operating under this context.

For example, a recent weekend airing (during this lovely month of Black History) on MSNBC was a documentary entitled, A Father's Promise (thank you Professor Tracey for informing us). Jana Lerner, associate producer for this documentary, had a forum on Newsvine in which she wanted to hear people's opinions on the show. I damn sure gave her mine though somehow how I doubt they really wanted to hear what we thought.

I said:

"Fatherlessness" is not an "epidemic." Nor does it deserve a cure so simple as injecting the Black man back into the family life. Patriarchal views teach us that there is only one functional family structure, so kids growing up thinking that their families are pathological:"You ain't got no daddy?"

"You ain't gon' be @!$%#, just like yo' daddy!"

You keep telling a child that and it insults the child's self-esteem. The child begins to believe that something is wrong...creating a problem where one may not have existed.

What's wrong with changing the thinking to help children appreciate what they do have and give existing families what they need to rise above the adversity? Why can't we stop putting children down because of the apparent deficiencies of their parents? Having NO father isn't the worst thing in the world...In fact, it is much better than having a drug-dealing father, a physically abusive father, an emotionally abusive or emotionally absent father, an inconsistent father, a self-absorbed father, a father that is draining the families resources rather than contributing to them...ANY father won't do.

You cannot force anyone to be a father. But you can understand the the issue is really poverty, and that can be alleviated by having a better educational system, and alleviating barriers to employment.

Children need stability, emotional support, and economic resources. Fathers may or may not be able to provide these things. Those who can will, and those who haven't and those who won't, don't.

Women need to be more discerning in the relationships with children...and perhaps children should not be brought into this world unless families--whatever structure--can fully provide for them.Responsible fatherhood initiatives is a corrupt industry whose focus is to eliminate child support obligations by the unrelenting support of 50-50 custody.This focus on fatherhood and targeting the Black community serves us no justice and it is a completely disgusting.

And in response to someone saying this:

It is time that the Black American categorically rebuke feminism and Welfare.

I had to say this:

I seriously disagree with this and yet it doesn't surprise me that someone would state this. Feminism, by way of Womanism, is what has allowed the Black family to continue to press forward in spite of the hardest times. How dare someone declare that Blacks should rebuke it-- giving connotations that it were evil. It is at the point in which Black men embrace Womanism that they will rise above those things that White society casts as a burden.

And in response to this:

America scared to report or have a show about what black women do. To keep father away.

I felt forced to say this:

What in the heck? Have you any knowledge of Black history? What an insult.

And in response to this:

One thing that stuck out for me, was the piece about not knowing what a father "looks" like. I ran a parenting group and asked these young men what a good father "looked" like. They came up with the standard descriptions, but not one of them could tell me what it took to reach that goal.

I felt the need to say this:

Sad, indeed. But do they know what contraception looks like? How to use it? The results of sex? I'm not insulting you, please forgive me if you think that's my intention. It is just hard for me to grasp that as anything other than an excuse. Do they know what a father does NOT look like? The conversation should begin there (well, after the sex stuff).

And when this was said:

A father is the person that protects his household...he's the person that checks over every guy that dates his daughter and the person of the house that collars his misbehaving son and gets in his face about anything thats going wrong...these homes have lost their protector!!!!!

I definitely was compelled to say this:

This is a very stereotypical assertion. It does no one any justice. Gender-role nonsense.

You can go back and read the entire board at the link I provided above so that you can see everything in context. I can give you a summary of the types of commentors: single mothers, divorced dads, second wives/girlfriend supporters/family supporters, and adults that were products of fatherless homes. So, as you can gather there was some of the same ol same "arguments" about why [Black] men weren't/aren't a part of their childrens' lives. Everyone has someone else to blame, especially the men.

1. Plenty of White folk jumped in the conversation, wanting their spot to complain about how fathers worldwide are getting fucked in the family court system by their vindictive exes.

2. Plenty of Black men wanted to talk about how the system is keeping them down so that they can't succeed in life overall.

3. And plenty of Black men and women spoke about how babymamas erect an impenetrable boundary that keeps Black men away from their children.

Understand that the most important thing in this conversation was #1.

And where do successful Black women speak for the same?

Now, going back to the quote about Marion County, I have observed that statement to be 100% true. It makes me feel like these White judges don't give a damn about Black children's needs...outside of the need for a father. In other words, A father is the primary need for Black children.

I ask you, if a Black child is homeless and/or hungry, will a father cure him/her? If a father is a criminal or is so self-absorbed to be [virtually] non-existent, will he cure his child of the major problems that ail him/her?Only a fool would believe that the answer is so simple as father-injection. Ooh, I think I've coined a new term:

Father injection.

The solutions for Black families lie in Black communities. White society continues to try to profiteer off of our "problems," all the while not creating any solutions, but rather, creating more problems. I have seen White men trying to actively recruit Black men into this parental alienation scam. I have seen White men try to align their parental alienation cause with the likes of the Civil Rights Movement. This is shameful.

Black people, beware!

I'm not trying to further the racial divide...I just want to create awareness. And understand this is difficult to do in spite of feeling the urge to protect Blacks as a community while simultaneously insisting upon individual personal responsibility. For too long have we Black women sat silent while our needs have been trampled upon...our children's needs...I can't sit back and watch it continue.

From the Institute on Domestic Violence in the African American Community (emphasis mine):

Fathers contribute to the well-being of their children and female partners when relationships are healthy and loving. Yet research indicates that in high conflict relationships when fathers are abusive to their female partners and/or their children, victims suffer short-term and long-term physical, emotional, financial, and spiritual affects of the abuse. Even during separation and divorce, abusive fathers may still have contact with their former partners and children because the courts, mother, or children choose it. What should our helping systems consider in order to protect and support women and children when domestic violence occurs? What can be done to encourage healthy, non-abusive behavior among fathers with a history of violence and abuse?

Black women are last on the totem pole. Browse the stats on the IDVACC website.

Black people pay attention.

Our children will continue to suffer. And I will not pretend that President Obama is going to be our savior because he has internalized the same beliefs held by White majority...those same beliefs offer more disaster and little relief.

You wouldn't hire a mortician to save your life. You wouldn't ask a sumo wrestler to play pro-ball. What makes you think that anyone will do? Any father isn't good enough...and I'm sick of the patriarchal court systems "coming to the rescue"...acting as if they are doing us a damn favor by legislating Black families!!!

Indianapolis Mom's Attorney: I Have Never Seen the Level of Incompetence Displayed in the Family Law Cases of Marion County

Part 2 of Tracie Nelson's NIGHTMARE from the MARION SUPERIOR COURTS, from The Indianapolis Recorder:

A mother's journey for justice
By BRANDON A. PERRY, Part 2 of 3
Published: Thursday, February 12, 2009 11:56 AM CST

Indianapolis mother Tracie Nelson has faced several obstacles in her effort to regain custody of her daughter since August of 2007. That year a custody struggle began between Nelson and her ex-boyfriend over guardianship of their daughter Kay (this is not her real name; the Recorder does not publish the names of minors involved in court cases). The custody case was assigned to the paternity court of Judge Alicia Gooden. Nelson said she lost custody of Kay in Gooden’s court due to conflict of interest. Kim Bacon, the father’s attorney is a pro tempore judge in Gooden’s court, and Nelson alleges Bacon is the girlfriend of the father’s best friend.

“We never stood a chance in getting the help we need,” Nelson said. She filed a complaint against Bacon with the Indianapolis Bar Association, and against Gooden and two other judges with the Indiana Commission on Judicial Qualifications, which investigates complaints against state and local judges.

Adrienne Meiring, a staff attorney and spokeswoman for the commission, confirmed that a case like Nelson’s complaint is under review, but it cannot be discussed publicly. “Admission and Discipline Rule 25 prevents us from discussing a case before formal charges are made against someone, unless there is a threat against an individual or the public,” said Meiring. “Until a complaint is verified or dismissed the details and course of investigation are confidential.” At Recorder press time Gooden had not responded to an attempt to reach her for comment. Bacon has stated that neither she nor Kay’s father will comment on the case.

Nelson’s attorney, Dana Childress-Jones, successfully filed a request for change of venue (or change of judge) and the custody dispute was transferred to the civil court of Judge Gary Miller in the fall of 2007. Nelson said Miller appeared to be fair, granting her request to appoint a Guardian Ad Litem (impartial child advocate) for Kay. After a March, 2008 meeting with Gooden, however, Miller changed course and made rulings throughout 2008 that upheld the custody rights of Kay’s father, dismissed a child in need of services (CHINS) investigation on the father, held Nelson in contempt of court and suspended her visits with Kay (although in August he did authorize paid supervised visits).

Miller’s rulings against Nelson occurred despite police and Child Protective Services’ (CPS) investigations against the father for abuse, as well as a document filed with the court that included the statements of a forensic investigator, and Jim Dalton, a local psychologist hired by CPS, who supported the validity of Kay’s detailed claim of being touched by her father.“It’s like no one is looking out for the best interest of my baby,” said Nelson. Miller’s term as a county judge expired at the end of December, and he was unavailable for comment.

Since Nelson went public with her case, several parents have expressed similar frustrations with select judges and attorneys. One of them, Tamara Davis (not real name), has spent nearly $30,000 in legal fees to keep custody of her daughter from an ex-husband who has not yet received court ordered treatment for alcoholism. “The Marion County Court system is a disaster and I also think it is biased against Black mothers,” Davis said. “I’m in the process of preparing for a custody fight with a man that the same court will only allow to have supervised visits with my daughter once a month. It doesn’t make sense.” Davis said the court has allowed her ex-husband’s attorney to lie for clients and use contempt proceedings to extort money from mothers in custody cases. “The court has the mentality that if a Black father is interested in his child, even if he has shown no interest previously, that it is such a unique situation that the mother must be wrongfully interfering,” said Davis. “I am a licensed attorney, and I have never seen the level of incompetence displayed in the family law cases of this county. These things don’t happen in other counties.”

Meiring said complaints about judges filed with the commission are definitely not uncommon.“We generally receive in the neighborhood of at least 300 complaints each year,” Meiring said.If a complaint is upheld, the offense will be reviewd by a court that will decide what kind of action should be taken, from a simple censure to the suspension of a law license.“We get different complaints, but they are usually from people who are simply unhappy with the judge’s ruling,” said Meiring. “Most of these complaints are dismissed because there is lack of substantiation that the judge acted in a prejudicial manner.”

In part 3: Nelson, Kay and the child welfare system.