Woman punched unconscious during child custody dispute

 http://www.mercurynews.com/breaking-news/ci_16934218?nclick_check=1

WALNUT CREEK -- Police Tasered a man who allegedly punched his ex-wife in the face during a child custody exchange and then fought officers who tried to arrest him.

Don West, 50, of Walnut Creek, was booked at the County Jail in Martinez on suspicion of domestic violence and making criminal threats after being evaluated at a hospital.

The assault took place at 5:50 p.m. in a municipal parking lot near a pub in the 1500 block of North Broadway, police Sgt. Lanny Edwards said.

Several people called 911 after seeing West argue with the victim over the custody exchange of two children, before knocking her unconscious with a punch.

West ran away, but returned later, police said. When officers tried to arrest him, he fought back and resisted arrest.

The victim was taken to a hospital with minor injuries.

Roman Gokhman covers public safety. Contact him at 925-945-4780. Follow him at Twitter.com/RomiTheWriter.

APA GUIDELINES FOR CHILD CUSTODY EVALUATIONS IN FAMILY LAW PROCEEDINGS

GUIDELINES FOR CHILD CUSTODY EVALUATIONS IN FAMILY LAW PROCEEDINGS

FILED IN: AMERICAN PSYCHOLOGICAL ASSOCIATION, BAD CUSTODY EVALUATORS, BEST INTEREST OF CHILDREN, BEST INTEREST OF THE CHILD, CHILD CUSTODY, CHILD CUSTODY BATTLE, CHILD CUSTODY ISSUES,CHILD CUSTODY FOR SALE, CHILDREN'S RIGHTS, CORRUPT CUSTODY EVALUATORS, CUSTODY EVALUATORS, CUSTODY EVALUATIONS

This is new (December, 2010) from the American Psychological Association.  I want to get this out there to help moms…I’ll reserve my commentary to the comments section below.

Introduction

Family law proceedings encompass a broad range of issues, including custody, maintenance, support, valuation, visitation, relocation, and termination of parental rights. The following guidelines address what are commonly termed child custodyevaluations, involving disputes over decision making, caretaking, and access in the wake of marital or other relationship dissolution. The goal of these guidelines is to promote proficiency in the conduct of these particular evaluations. This narrowed focus means that evaluations occurring in other contexts (e.g., child protection matters) are not covered by these guidelines. In addition, the guidelines acknowledge a clear distinction between the forensic evaluations described in this document and the advice and support that psychologists provide to families, children, and adults in the normal course of psychotherapy and counseling.

Although some states have begun to favor such terms as parenting plan, parenting time, or parental rights and responsibilities over the term custody (American Law Institute, 2000, pp. 131–132), the substantial majority of legal authorities and scientific treatises still refer to custody when addressing the resolution of decision-making, caretaking, and access disputes. In order to avoid confusion and to ensure that these guidelines are utilized as widely as possible, these guidelines apply the term custody to these issues generically, unless otherwise specified. It is no longer the default assumption that child custody proceedings will produce the classic paradigm of sole custodian versus visiting parent. Many states recognize some form of joint or shared custody that affirms the decision-making and caretaking status of more than one adult. The legal system also recognizes that the disputes in question are not exclusively marital and therefore may not involve divorce per se. Some parents may never have been married and perhaps may never even have lived together. In addition, child custody disputes may arise after years of successful co-parenting when one parent seeks to relocate for work related or other reasons. These guidelines apply the term parents generically when referring to persons who seek legal recognition as sole or shared custodians.

Parents may have numerous resources at their disposal, including psychotherapy, counseling, consultation, mediation, and other forms of conflict resolution. When parents agree to a child custody arrangement on their own—as they do in the overwhelming majority (90%) of cases (Melton, Petrila, Poythress, & Slobogin, 2007)—there may be no dispute for the court to decide. However, if parties are unable to reach such an agreement, the court must intervene in order to allocate decision making, caretaking, and access, typically applying a “best interests of the child” standard in determining this restructuring of rights and responsibilities (Artis, 2004; Elrod, 2006; Kelly, 1997).

Psychologists render a valuable service when they provide competent and impartial opinions with direct relevance to the “psychological best interests” of the child (Miller, 2002). The specific nature of psychologists’ involvement and the potential for misuse of their influence have been the subject of ongoing debate (Grisso, 1990, 2005; Krauss & Sales, 1999, 2000; Melton et al., 2007).

The acceptance and thus the overall utility of psychologists’ child custody evaluations are augmented by demonstrably competent forensic practice and by consistent adherence to codified ethical standards.  These guidelines are informed by the American Psychological Association’s (APA’s) “Ethical Principles of Psychologists and Code of Conduct” (hereinafter referred to as the Ethics Code; APA, 2002). The term guidelines refers to statements that suggest or recommend specific professional behavior, endeavors, or conduct for psychologists. Guidelines differ from standards in that standards are mandatory and may be accompanied by an enforcement mechanism. Guidelines are aspirational in intent. They are intended to facilitate the continued systematic development of the profession and to help facilitate a high level of practice by psychologists. Guidelines are not intended to be mandatory or exhaustive and may not be applicable to every professional situation. They are not definitive, and they are not intended to take precedence over the judgment of psychologists.

Read more ›

House and Senate Pass Act to Provide Lifesaving Services

 
 

For Immediate Release

Contact Person: Rita Smith
Phone: (303) 839-1852

Email: rsmith@ncadv.org

December 10, 2010

House and Senate Pass Act to provide lifesaving services

and programs for community shelters and crisis centers

President set to sign the renewal of The Family Violence Prevention and Services Act

(December 10, 2010) Washington, DC - The National Coalition Against Domestic Violence joins our member programs and services all across the nation in celebrating the passage of the Family Violence Prevention and Services Act (FVSPA) as part of the Child Abuse Prevention and Treatment Act (CAPTA). These vital programs, first passed in 1984 and 1974 respectively, were long overdue for reauthorization.

"In these grueling economic times, our community battered women's shelters were facing severe funding cuts and service reductions at the hands of state and private funders trying to staunch budget shortfalls. Reauthorizing FVPSA will ensure the funds reach the states and programs so that families facing domestic and sexual violence have an escape path," noted Rita Smith, Executive Director of the 32-year old coalition, NCADV, representing over 2,000 shelters and programs and individuals across the country.

The Family Violence Prevention and Services Act (FVPSA) is an essential component of our nation's campaign to raise awareness about the cruel epidemic of domestic and sexual violence that shreds the lives of girls and women, boys and men. FVPSA authorizes lifesaving services to victims of domestic violence and their families, through shelters, support group and prevention counseling, legal assistance and service referrals to economic support systems and essential health services. The bill passed by the House on Wednesday and by the Senate today is an important improvement in our ongoing effort to address the criminal assault and sexual violence that affects our children, women and girls of all races, religions, ages, abilities and identities regardless of their economic or citizenship status or where they live. "Our vision is 'Every home a safe home,' but it's more than a slogan. It is a promise that NCADV makes to women and their families that our organization and our colleagues in the movement will never cease in our determination to stop violence against women," declared Ms. Smith.

Major thanks must go to individual members of Congress who championed FVPSA and CAPTA. In the House, Representatives Gwen Moore (D-WI) and Aaron Schock (R-IL), along with Judy Biggert (R-IL) and Gregorio Sablan (D-MP), introduced FVPSA (H.R. 4116) early this year and gathered 123 sponsors including 17 Republicans - a truly bipartisan bill. They were joined by Ed and Labor Committee chair George Miller (D-CA) and his committee colleagues John Kline (R-MN), Carolyn McCarthy (D-NY), and Todd Platts (R-PA). In the Senate, HELP committee chairman Tom Harkin (D-IA) and ranking member Mike Enzi (R-WY) pulled together the bipartisan Senate bill, spurred by subcommittee chair Chris Dodd (D-CT) and ranking member Lamar Alexander (R-TN). Victims of sexual and domestic violence owe them a big thank you for their stewardship.

FVPSA is the only dedicated federal funding source for domestic violence shelters and services, supporting emergency shelters, crisis hotlines, counseling services, victim assistance initiatives and programs for underserved communities.  This year's bill builds upon FVPSA's core strengths and includes critical improvements for the National DV Hotline, initiatives dealing with teen dating violence, services for our nation's territories and programs helping children who witness violence to name just a few. Additionally, the Child Abuse Prevention and Treatment Act (CAPTA) not only continues its important work addressing child abuse, neglect and sexual violence, but adds an important cross-cutting component to improve services for both victims of child abuse and families that are experiencing domestic violence and child maltreatment.

"The fact that FVPSA/CAPTA reauthorization passed by Unanimous Consent in the Senate and under suspension of the rules by a unanimous voice vote in the House proves that this bipartisan Act is a national priority," added Ms. Smith. "NCADV looks forward to the President signing this bill so that advocates can begin work on next year's challenge -saving lives and reauthorizing the 1994 Violence Against Women Act."

###

Forward email

 

National Coalition Against Domestic Violence | 1120 Lincoln St. | Suite 1603 | Denver | CO | 80203

'You'll never see him again': Jilted father's chilling message to mother before he killed his son, 6, then committed suicide

'You'll never see him again': Jilted father's chilling message to mother before he killed his son, 6, then committed suicide

By DAILY MAIL REPORTER
Last updated at 1:34 PM on 8th December 2010

• Comments (82)
• Add to My Stories

Little Chris Hall, six, was killed by his father in their family home in Dorset

A jilted father killed his six-year-old son and then himself after snatching the boy from his ex-partner and chillingly telling her: ‘You’ll never see him again.’

Chris Hall, 52, had feared he was about to lose his son, also called Chris, in a custody battle after former common-law wife Rachel Wild left him and started a relationship with another man, an inquest heard.

Miss Wild told how her former partner 'lost it' when he spotted her new lover in her car the last time she dropped her son off at Hall's house.

The keen body-builder dragged the youngster from her and told her: ‘I will take him to a place where you will never see him again.’

She never saw her son alive again.

Two days later the 35-year-old received a note from her ex telling her to come to the former family home.

She rushed to the £300,000 property and let herself in but then left after a few minutes because it felt ‘eerily quiet’.

She called the police and officers arrived and discovered the father and son - known as Big Chris and Little Chris - dead in bed, lying side by side.

Mr Hall, a handyman, had given her diabetic son a fatal mixture of insulin, morphine, and sleeping pills before overdosing on painkillers.

The inquest heard Mr Hall, a former gravedigger and postman, and Miss Wild had lived happily with their son in Poole, for several years.

But in May this year she walked out on him and began a relationship with another man, Christian Bryant.

At about the same time Mr Hall’s business began to fail and a cafe the couple co-owned hit financial problems.

Little Chris was living with his father ahead of a custody court case. On August 16, Miss Wild had access with him before dropping him off at home.

She said: ‘I was in the back seat of the car with Little Chris.

‘He didn’t want to go back and when we got round the corner we noticed Chris leaning against the wall.

Calculating: Chris Hall, 52, 'lost it' when he spotted Rachel Wild's new lover when she dropped off their son

‘I told Christian to pull over on the other side of the road.

‘Chris stormed over, opened Little Chris’ door and dragged him out at started shouting abuse.

‘It was aimed at me in anger. He said ‘you’ve been sleeping with this man, you’ve been sleeping with him in front of Little Chris.’ ‘His face was just anger. I knew then that I wasn’t going back, (to him). I think he had lost it.

‘He said ‘basically, you’ll never see Little Chris again, I will make sure of it.’ He said: ‘I will take him to a place where you will never see him again.’ ‘In thought he meant was going to take him to his brother Duncan’s.

‘Christian was crying because it was very hurtful and loud and I was just basically shocked and upset.

‘I felt like I wanted to go back and get Little Chris but you have got to do things by the law. I had to write down everything that Chris said to me.’

Two days later a letter arrived from Chris at the cafe she ran with her brother. He opened it and showed it to his sister.

The contents of the letter were not disclosed at the hearing but they were instructions for Miss Wild to go to the three bed house in Queens Road straight away.
She said: ‘The door was left unlocked.

‘The dogs were quiet and happy to see me and were licking my face, I knew then that something was wrong. I opened the kitchen door and popped my head in.

‘I thought the dogs were acting like someone was in the house because it was odd behaviour. I thought maybe Chris was upstairs with Little Chris and saying ‘ssshhh, we don’t want mummy to find us.

‘It felt eerie and I didn’t like it.’

She called the police when neighbours told her that they had not seen the father and son for a while.

The Bournemouth inquest heard that Mr Hall had suffered from depression in the past and had slit his wrists on three occasions.

Mr Hall, whose brother is the famous London-based clothes designer Nigel Hall, had met Miss Wild while she worked as a check-out girl at an Asda supermarket.

Little Chris attended Courthill First School in Poole and was a big fan of the cartoon character Ben 10.

The inquest continues.

Read more: http://www.dailymail.co.uk/news/article-1336496/Chris-Hall-kills-son-6-custody-battle-Rachel-Wild.html#ixzz17bPBfznv

Dr. Richard Gardner's Complete Autopsy Report- Parental Alienation Syndrome

 

Suicide http://www.cincinnatipas.com/dr-richardgardnerautopsy.html

 

Dr. Richard Gardner's Complete Autopsy Report

 

Dr. Richard Gardner, M.D.
born April 28, 1931

Committed Suicide
May 25, 2003

"CAUSE OF DEATH:

Incised wounds of chest and neck."

Allow us to disabuse the pro-abusers. Dr. Richard Gardner's son told the New York Times that his father committed suicide. Contrary to false assertions made by the father's rights movement, Richard Gardner most certainly did not die peacefully in his sleep.

It was far uglier than that.

The Bergen County (New Jersey) Medical Examiner reported that Dr. Richard Gardner died a gory, bloody and violent death - from his own hand. Gardner took an overdose of prescription medication while stabbing himself several times in the neck and chest. Gardner plunged a butcher knife deep into his heart.

The medical examiner removed the knife from Gardner's chest and listed the stabbing wounds as the cause of death.

(Here is Gardner's autopsy report and the NY Times obituary.)

County Of Bergen
Department of Public Safety
Medical Examiner Autopsy Report

May 27, 2003

02030860.aut
GARDNER, Richard A.

¬Ý

New York Times

June 9, 2003, Monday

METROPOLITAN DESK

Richard Gardner, 72, Dies;
Cast Doubt on Abuse Claims

By STUART LAVIETES

"Dr. Richard A. Gardner, a psychiatrist and psychoanalyst who developed a theory about parental alienation syndrome, which he said could lead children in high-conflict custody cases to falsely accuse a parent of abuse, died on May 25 at his home in Tenafly, N.J. He was 72.

The cause was suicide, said Dr. Gardner's son, Andrew, who said his father had been distraught over the advancing symptoms of reflex sympathetic dystrophy, a painful neurological syndrome.

Dr. Gardner, who testified in more than 400 child custody cases, maintained that children who suffered from parental alienation syndrome had been indoctrinated by a vindictive parent and obsessively denigrated the other parent without cause.

In severe cases, he recommended that courts remove children from the homes of the alienating parents and place them in the custody of the parents accused of abuse.

His theory has provoked vehement opposition from some mental health professionals, child abuse experts and lawyers. Critics argue that it lacks a scientific basis, noting that the American Psychiatric Association and the American Medical Association have not recognized it as a syndrome.

They also say that the theory is biased against women, as allegations of abuse are usually directed at fathers, and that it is used as a weapon by lawyers seeking to undermine a mother's credibility in court." ...

... "His marriage to Lee Gardner ended in divorce. In addition to his son, of Cherry Hill, N.J., he is survived by two daughters, Nancy Gardner Rubin of Potomac, Md., and Julie Gardner Mandelcorn, of Newton, Mass.; his mother, Amelia Gardner of Manhattan; eight grandchildren; and his partner, Natalie Weiss.

Correction: June 14, 2003, Saturday An obituary on Monday about Dr. Richard A. Gardner, a psychiatrist and psychoanalyst, misstated his position at Columbia University. He was a clinical professor of psychiatry in the division of child and adolescent psychiatry -- an unpaid volunteer -- not a professor of child psychiatry."

End of Obituary Excerpt

¬Ý¬Ý

A comment about Dr. Richard Gardner's suicide released by the last man to cross examine him, attorney Richard Ducote:

¬Ý¬ÝJune 1, 2003

"Parental Alienation Syndrome is a bogus, pro-pedophillic fraud concocted by Richard Gardner. I was the last attorney to cross examine Gardner. In Paterson, NJ, he admitted that he has not spoken to the Dean of Columbia's medical school for over 15 years, and has not had hospital admitting privileges for over 25 years.

He has not been court appointed to do anything for decades.

The only two appellate courts in the country who have considered the question of whether PAS meets the Frye test, i.e., whether it is generally accepted in the scientific community, said it does not. As Dr. Paul Fink, former president of the American Psychiatric Association has stated, Dr. Gardner and PAS should be only a "pathetic footnote" in psychiatric history. Gardner and his bogus theory have done untold damage to sexually and physically abused children and their protective parents. PAS has been rejected by every reputable organization considering it.

In a Florida case in which I was recently involved, when the judge insisted on a Frye hearing, Gardner simply did not show up. Perhaps because he finally realized that the entire nation was on to his scam, he committed suicide on May 25. Let's pray that his ridiculous, dangerous PAS foolishness died with him."

Richard Ducote
attorney at law
New Orleans, LA

Dr. Richard Gardner, seen here at age 67 in February 1999, authored the money making PAS theory that made him a very rich man. Gardner committed suicide on May 25, 2003, plunging a seven inch butcher knife into his neck and heart. Gardner testified mostly for men, charging $500 per hour, routinely recommending custody to abusers, deprogramming children and threat therapy for mothers. Gardner was against society's overly moralistic and punitive reaction to pedophiles.

To get a better understanding of the damage Dr. Richard Gardner did in his lifetime, go to this link:

Dr. Richard Gardner - Parental Alienation Syndrome

Part 2: Questions for Richard Warshak and His Parental Alienation Syndrome...or Divorce Poison...or Whatever

Source: The New Randi James

http://www.randijames.com/2010/12/part-2-questions-for-richard-warshak.html

Dear Dr. Warshak,

I have been accused of parental alienation because my adolescent child won't visit his father, my ex husband. If my son's father is an alcoholic and chronic cheater that is into child porn, and my son knows about at least 2 out of 3 of what I mentioned, how do you suggest that I promote the relationship between father and son in order to remove the parental alienation label? I mean seriously, it's not my fault that my ex is a sick fucking asshole. I just don't want it to rub off on my our son (<--see, I'm trying!).

Kansas Watch Dog: "Claudine Dombrowski: An abused mom victimized again by the Kansas Courts"

 

Compelling stories from parents and grandparents about problems with placement and removal of children

By Earl Glynn On December 4, 2009

See this video: Claudine Dombrowski Abused Mom Wants Unsupervised Visits with Daughter

Listen to Claudine Dombrowski Testimony to Joint Committee on Children's Issues:

Powered by Podbean.com

 

http://kansas.watchdog.org/2010/compelling-stories-about-problems-with-placement-and-removal-of-children/

Claudine Dombrowski

 

Claudine Dombrowski: An abused mom victimized again by the Kansas Courts

Read details in written statement.

This is an truly incredible story that should never have happened in America.

Parts of the Kansas Judicial system should be disciplined for how it has victimized Ms. Dombrowski, who was an abused mom.

Instead of quotes from the audio, please consult these pages that document Dombrowski’s long and difficult battle to protect her daughter:

• Claudine Dombrowski Photos of Abuse

As you view these photos keep in mind that the court awarded FULL CUSTODY of their daughter to the “man” who did this to Claudine.

• Courts Have Continued Abuse of Manhattan Women, Manhattan Free Press, July 12, 2001.
• Manhattan resident fights custody battle for daughter, Kansas State Collegian, July 26, 2001.

State Rep Bill Otto: “No crime? You haven’t been guilty of anything? This is a court order that says you can’t go to any school functions?”

“I was under court order till 2004 to not even call the police after I was being beaten because … I was not ‘co-parenting’”

Dombrowski: “These friends of the court make recommendations to the judge. The parents … don’t have a right to see these documents. They do this behind closed doors.”

Otto: (To Secretary Jordan): “You have no rights as a parent …?”

Secretary Don Jordan: “This would be something extreme … I’m not familiar with the situation.”

Otto: “Can a judge do that? … Is that legal… ?”

Jordan: “Under the right circumstances … I hesitate to speculate.”

Sen. Roger Reitz: “This is something that only … the judicial system can really answer … It would be helpful … to have someone … representing the judicial system … to give us some ideas how this could happen.”

Dombrowski: “When you are a victim of domestic violence, and suddenly there’s a child involved, the typical …. power of control is that ‘I’ll take your children from you’. They will and they can the way the laws are setup.” …

“I was told that I’m not to talk to my daughter about the violence. That’s why I don’t see her. That’s why I see her supervised. He was criminally convicted. “

“When women try to get away from people who hurt them … I heard somebody say it’s really hard to believe you won’t call the police … I tell people not to contact the police, because as soon as you walk into court with a DV (domestic violence) and children, you’re already cutting your throat. You will lose your children. That’s the way it is right now.”

“… on the 16th of this month I’ll probably go to jail for breaking the gag order and talking about [being the victim of] violence as it relates to my case.”

Reitz: “… someone ought to be able to deal with this in a way that would address her problem. It doesn’t seem like we’ve done the right thing with regards to this little niche of the law.”

Dombrowski: “The criminal convictions are completely tossed aside and they don’t have any bearing on the family court … The eight criminal convictions that my ex had before getting custody of my daughter were completely dropped [in family court]“

Chair Kiegerl: “I cannot believe that abuse is totally ignored. I cannot believe you can prohibit a person from speaking about their own case.”

“The one thing [where] … I disagree with you is abuse should always be reported.”

State Rep Peggy Mast (R-Emporia): “Domestic violence is a control issue. Sexual abuse is a control issue. Is there any correlation between domestic violence and sexual abuse? Why is that not something that is considered when we take someone to [family] court that has a history of domestic violence?”

Dombrowski: “Yes. That is something I’ve asked myself for 16 years. … It comes back to the family court that has a veil of immunity. … They don’t fully understand the impact of the violence. What battered women have … if they report the abuse, then they’re failing to protect their child … if they don’t report the abuse, they’re still failing to protect their child. So, both ways, they’re going to lose their children …”

For anybody who abuses their wife … [from] a 1996 presidential task force … there is a 70% increase that those children will be abused and/or sexually abused after there’s been battery with the mother.

Sen. Oletha Faust-Goudea: “In 2004 …. I talked with the homicide department in Sedgwick County…. During that time there had been 21 homicides in Sedgwick County and 18 were due to domestic violence …”

“A lot of women do make those phone calls and unfortunately, sometimes it ends in their death.” …

“I want to apologize to you for being treated like a pedophile … not being able to go to a music concert.”

“I commend you for what you’re doing.”

Dombrowski: “I have not talked to my daughter in 10 years [except] for the confines of supervised visits. I’m not allowed to talk to her about anything. All she knows is what her dad has told her.”

See this video:  Abused Mom Wants Unsupervised Visits with Daughter

Listen to Claudine Dombrowski:

http://kansaswatchdog.podbean.com/2009/12/04/claudine-dombrowski-an-abused-mom-victimized-again-by-the-kansas-courts/

***COURT WHORE OF THE WEEK*** Judge David Debenham Topeka, Kansas

http://www.courtwhores.com/

COURT WHORES

Court Officials and their Accomplices who sell out

**Innocent  Children**

to ABUSERS and MOLESTERS

for
PROFIT and POWER

========================

The Blood of Countless Children is on the hands of these Court Whores
______________________

*This website is Dedicated to all the Children harmed by Court Whores*

Together we will Change the System to protect Children, not Abusers!!

***COURT WHORE OF THE WEEK***

Judge David Debenham
Topeka, Kansas
For more info: http://www.angelfury.org/
______________________

Kansas -- Domestic violence is on the rise—again- YEAR 2010--

Kansas -- Domestic violence is on the rise

"A KBI report issued this fall indicates 23,864 domestic violence incidents were reported to law enforcement in 2009, up 11 percent from 2008 and the highest number since the bureau began releasing the statistic in 1992." http://cjonline.com/news/local/2010-12-05/domestic_violence_on_the_rise