September 16, 2010
By Barry Goldstein
The concept of Custody-Visitation Scandal Cases was developed because of the frequency of extreme results in custody cases in which children are endangered, safe, protective mothers are denied any meaningful relationship with their children and the results appear to be the opposite of what the evidence and the well being of the children would require. The Battered Mothers Custody Conference was started in response to what we believed were too many of these tragic cases to be viewed as exceptions.
When we look at an individual case, it is hard to be sure the decision is wrong without a careful review of the record. In most cases mothers are pathologized or demonized in order to create the appearance of a justification for the extreme actions taken. When the bad decisions backfire in a way that demonstrates even to the courts that the wrong decision was made, the defenders of the courts like to believe these cases constitute the exceptions to the usual good job done by courts. There is now a large body of research about these cases that show there are too many cases with extreme results and flawed practices to be conveniently dismissed as exceptions. To illustrate the problem, I want to look at four of these extreme cases not because they are exceptions, but because they represent the kinds of mistakes the court system routinely makes and will continue to make until it changes practices that were developed at a time when no research was available and have proven to be detrimental to the children the courts are supposed to protect.
In one New Jersey case I have consulted on, the father has a long history of domestic violence and after the separation, the children disclosed sexual abuse. In this as in all the cases I will be discussing, the mother was unquestionably the primary attachment figure for the children. DYFS, the New Jersey child protective agency, investigated the allegations, but failed to confirm them. As a result, the father was given custody and as the protective mother continued to believe the father was dangerous, and challenge the professionals who failed to protect her children, she has been limited to supervised visitation.
In a well known Kansas case that I have discussed with the protective mother, the father has numerous convictions for domestic violence and other crimes and a poor relationship with the daughter. Despite this, the court gave custody to the father and imposed ever greater restrictions on the mother’s access to the daughter. The mother has been active in exposing the broken court system and the court has wasted large amounts of time and money seeking to remove information from the Internet and silence the mother’s concerns. The court has retaliated against the mother with reductions in visitation and a variety of sanctions.