4.10.09

Craig's List: INNOCENT CHILD MURDERED BY HER FATHER, REMAINS FOUND AFTER TWO YEARS

Note: Cross posted from [wp angelfury] Family 'Lawless' Court Whores.

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Got give it to technology huh?

Your Silence Will NOT Protect You!-Audra Lourdes

    http://sfbay.craigslist.org/sfc/vnn/1394107573.html

    NNOCENT CHILD MURDERED BY HER FATHER, REMAINS FOUND AFTER TWO YEARS

    Date: 2009-09-26, 4:12PM PDT

    Reply to: comm-b3f6d-1394107573@craigslist.org [Errors when replying to ads?]

    **The same Judge from this article has turned my own child over to the child molester.*****http://www.ireport.com/docs/DOC-259804

    Tragic Santa Clara County custody case: Dad suspected in

    girl's death LIVE REPORT http://www.youtube.com/watch?v=UIbw5VvhCoc

    By Karen de Sá Mercury News 1 » Share condolences Read and sign: Guest book in memory of Alycia Mesiti-Allen Powerless and tormented, a Campbell mother awaits the story her daughter's bones will tell. The remains of Alycia Augusta Mesiti-Allen, 14 when she vanished in August 2006, are now in the hands of toxicologists and coroners. Since March, when cadaver-sniffing dogs found her body buried in the unkempt yard of her father's former Central Valley home, detectives have scoured for evidence from the girl's petite frame........................................................................................

    Those detectives say the clues point to her father, Mark Edward Mesiti, as a suspect in her death and say an arrest is imminent. With a lengthy criminal past, the 41-year-old was still granted custody of Alycia and her older brother in Santa Clara County Superior Court less than a year before the girl went missing. ......................................................................

    The death of the smiling teen, who loved horses and Shakira, lays bare the

    intractable choices that family court judges face every day, but the tragic outcome has everyone who worked on Alycia's case looking back wondering what more could have been done. .................................................................

    The family's legal history is a tangle of allegations traded through restraining

    orders and court filings. A court investigator described Roberta Allen, now 39, as an unfit mother who had battled with depression. But Alycia's father is now being held on $500,000 bail in a Los Angeles County jail on unrelated charges of child endangerment and running a methamphetamine lab.............................................

    Ceres police say they no longer believe Mesiti's story that the girl ran away -------------------------------------------------------------------------------- Advertisement -------------------------------------------------------------------------------- during a camping trip with friends and her pet Chihuahua. "Dad's story was he was getting phone calls periodically" from the missing girl, said Sgt. James Robbins. "But it doesn't appear she ever left the house." .........................................................................

    Alycia and her brother, now 19 and in the military, were placed in Mesiti's care by the family court in November 2005. During the previous seven years, court records show, Mesiti had been convicted of state and federal charges, including bank fraud and drunken driving. He also was charged with domestic violence and ordered to attend anger-management classes after pleading guilty to a lesser charge. After failing to comply with court orders to attend drug- and alcohol-treatment programs, he landed in prison for violating probation. ...........................................................................

    Danger signs ........................................................

    Nonetheless, Roberta Allen described her years-long legal battle as "very angled toward Mark. I couldn't afford an attorney. He had one." ...................................

    And over the nine months the children lived with their father before Alycia disappeared, police and child welfare workers fielded repeated warnings of danger in their single-family home in a neat, unremarkable Ceres suburb. Beginning in 2005, the children's court-appointed lawyer, Jonnie Herring, reported her concerns, recommending only a supervised, temporary placement with Mesiti due to "sufficient issues and risks to these minors." In 2006, she reported that Mesiti had failed to comply with court orders to enroll his children in school and remain in touch. ...........................................

    "I am deeply concerned about both minors, especially Alycia," Herring wrote in

    a report to Santa Clara County Superior Court Judge Vincent Chiarello. .........................................................................................

    Allen said she also reported that the children were often hungry, subject to abuse, and unable to call their mother despite her court-ordered visitation and contact rights. Local police confirm they made visits to the home. ...............................................................

    Clearly, the family court had a complex case on its hands with few ideal options

    when Judge Chiarello granted Mesiti custody. The legal battle had raged for eight years without resolution. The children had been bounced between aunts and grandparents and, in a reflection of the case's complexity, the judge appointed Herring to grant them an independent voice in court. Their parents had gone through mediation, counseling and psychological evaluations. ........................................................................

    ."There were a lot of issues with both

    parents," said Scott Sagaria, a San Jose

    attorney who represented Mesiti in claims his client made against Allen — including that she'd attempted suicide and once hit her son. Noting attorney-client privilege limited his ability to discuss the case, Sagaria added: "There was a lot of conduct by the mother in the case where, in my opinion, the court had very little alternative." ...................................................................Calls to Mesiti's public defender in his Los Angeles case have gone unanswered

    ''No good options'

    Chiarello, too, has declined to comment. But Supervising Family Court Judge Susan Bernardini, who spoke only in generalities and not specifically on the Mesiti case, described the difficulty of serving on her bench. "Cases with no good options are a centerpiece of being a judge in family court," she said. "We have to make a decision no one else will make."..................................

    In the case of a tragic outcome, she added, "You wonder and you look back and you always say: Is there anything anyone could have done?" .........

    .Allen, a former assembly worker now working for a restaurant, was deemed

    infit by the court. She had made a frank admission to feeling depressed after what she described as years of persecution by her children's father. Before Chiarello's decision, records show, Allen told the court she had fled multiple states to get away from Mesiti and even to Canada, where she and the children stayed in battered women's shelters.........................................

    But while Mesiti's court filings were formal, typed responses from his private

    attorney, Allen's pleading letters to judges were handwritten. She reluctantly agreed to sign off on the custody order — in large part, she says, because she could not afford to raise the children without the child-support payments Mesiti had been ordered to make. ............................................................

    "There were plenty of red flags going up all over the place," she said, "but they wouldn't see them.".................................................................

    When Alycia disappeared in 2006, Allen said she never believed the girl had simply run off. "I knew in my heart of hearts that she was gone, but no one would listen to me. I was fighting with police, saying 'She's not a runaway, she's a missing person!' " Allen recalled. "But the police stopped taking my calls. They said, 'She'll come home, she'll come home.' " And so for 21/2 years, Allen went mad with worry.

    Alycia's disappearance was not elevated to a homicide investigation until the longtime detective on the case retired and Sgt. Robbins, the Ceres investigations supervisor, ordered up a fresh round of interviews..............................................................................

    Robbins declined to give specifics because the case is still pending, but he

    said those interviews turned up "detailed information we didn't have the first time." Police obtained a search warrant for Mesiti's former home on Alexis Court, which he is said to have abandoned a few months after Alycia vanished......................................................

    .

    The case broke open with the discovery of Alycia's remains. Within days, police burst into Mesiti's Los Angeles apartment and say they found evidence of a meth lab. Now, he and the girlfriend he had lived with in Ceres face a series of court hearings on drug and child-endangerment charges; the girlfriend's 12-year-old daughter had been living with the couple when they were arrested March 28. .............................................................

    Girl's memorial ......................................

    .

    .Mesiti was in jail when his daughter's memorial was held

    last month in a Cupertino chapel. During the service, a lifetime of classic childhood moments beamed from photos spanning her short decade-and-a-half: Alycia mugging in an oversized T-shirt, stirring a pot of macaroni and cheese and hugging a Snoopy doll. In the last photos, she posed for her eighth-grade prom, a fleeting brush with adolescence...........................

    For her part, Allen tosses endlessly most nights. She tries to stay focused on

    her last day with Alycia, when she and her daughter ate tuna sandwiches and splashed in a downtown San Jose fountain. ...................................

    Their next encounter would be three years later at the Stanislaus County

    coroner's office. .............................................

    "I couldn't even pick up her personal effects," Allen lamented. "There was nothi

    ng. There's just nothing left of her." ..............

    Contact Karen de Sá at kdesa@mercurynews.com or 408-920-578

    1. TIMELINE OF ALYCIA"S DISAPPEARANCE Nov. 22, 2005: Santa Clara County Superior Court places Alycia Mesiti-Allen with father, Mark Edward Mesiti. Aug. 15, 2006: Alycia, 14, goes missing; her father reports she ran away after leaving for a camping trip with friends and a pet Chihuahua. January 2009: Ceres police Sgt. James Robbins takes over the department"s investigative unit and has detectives review their cases. As a result, Alycia"s family members are contacted again and new undisclosed information leads to a search warrant. March 26, 2009: After police obtain a search warrant, a body is unearthed outside the Ceres home where Alycia had been living with her father at the time she disappeared. March 28: Mark Mesiti, 41, is arrested in Los Angeles along with his 39-year-old girlfriend on suspicion of running a methamphetamine lab and endangering the girlfriend"s 12-year-old daughter. Mesiti is being held on $500,000 bail. March 31: Authorities confirm that a body found in Ceres was that of Alycia Mesiti-Allen. Ceres police describe Mesiti as a suspect in his daughter"s death, although he has not been arrested on those charges. Source: Mercury News reporting and Ceres police

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        Note: Cross posted from [wp angelfury] Family 'Lawless' Court Whores.

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        Another ‘Smoke Screen’ Kansas Court Program (we are in control) Big Brother that is.. not you!

        Note: Cross posted from [wp angelfury] KS-Family Court Reform Coalition.

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        http://www.eldoradotimes.com/news/x1128395135/Court-Program-to-be-presented-at-Butler-Life-Enrichment

          

        sigh sigh sigh—another ‘sense’ of—?? uh-huh I feel real confident-NOT

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        Court Program to be presented at Butler Life Enrichment

         

        By Staff reports

        El Dorado Times

        Sat Oct 03, 2009, 11:15 AM CDT

         

        El Dorado, Kan. -

        Butler Community College’s Life Enrichment is hosting the program You Be the Judge: The United States Supreme Court in Review on Tuesday.  Attendants will be able to discuss whether they agree with recent decisions by the nation’s highest court.

        Kansas judges will be on hand to lead a recreation of actual Supreme Court cases, with the audience playing the roles of the litigants, lawyers, and judges (no preparation needed). The event will shed some light on the judicial process as well as the rights and responsibilities of Americans today.

        Offered in cooperation with the Kansas Judiciary and the Kansas Bar Association presented by Judge G. Joseph Pierron, Jr.This program is sponsored by the Kansas Humanities Council, a non-profit organization with 35 years of experience promoting understanding of the history and ideas that shape our lives and strengthen our sense of community.

        You Be the Judge runs from 10 to 11 a.m. on the Butler El Dorado campus, building 1500 in the Kansas Room.

        Technorati Tags: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

        Note: Cross posted from [wp angelfury] KS-Family Court Reform Coalition.

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        Child Custody and Visitation Decisions in Domestic Violence Cases: Legal Trends, Research Findings, and Recommendations

        Note: Cross posted from [wp angelfury] A Human Rights Issue-Custodial Justice.

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        http://new.vawnet.org/category/Main_Doc.php?docid=371

        Child Custody and Visitation Decisions in Domestic Violence Cases: Legal Trends, Research Findings, and Recommendations

        Daniel G. Saunders

         

        It may be hard to believe an abusive partner can ever make good on his threat to take the children away from his victim. After all, he has a history of violent behavior and she almost never does. Unfortunately, a surprising number of battered women lose custody of their children. The actual number is not known and offenders appear to be no more successful in gaining custody than non-offenders (Liss & Stahly, 1993). However, violence against one parent by another is often considered in custody-determination proceedings (Family Violence Project, 1995). This document describes some of the legal and cultural trends surrounding custody and visitation decisions and the social science evidence supporting a need to consider domestic violence in these decisions.

        Legal Trends

        Over the past 200 years, the bases for child custody decisions have changed considerably. The patriarchal doctrine of fathers' ownership of children gave way in the 1920's and 30's to little preference for one parent or the other obtaining custody. When given such broad discretion, judges tended to award custody to mothers, especially of young children. The mother-child bond during the early, "tender years" was considered essential for children's development. In the 1970's, "the best interests of the children" became the predominant guideline (Fine & Fine, 1994) and presumably was neutral regarding parental rights. Exposure to domestic violence was not originally included in the list of factors used to determine the child's best interest.

        States recently came to recognize that domestic violence needs to be considered in custody decisions (Cahn, 1991; Hart, 1992; for a review of state laws see Family Violence Project, NCJFCJ, 1995, and legislative updates for 1995, 1996, and 1997). While a growing number of states specifically mention domestic violence as a factor to be considered, most of them allow wide discretion and do not give it special weight. It is simply one additional factor when considering the best interests of the child. By the end of the 1997 legislative session, 13 states had adopted the Model Code of the Family Violence Project of the National Council of Juvenile and Family Court Judges (NCFCJ, 1998). These statutes specify that there is a "rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence" (p. 33).

        Statutes now address other concerns related to custody and the recent proliferation of legislation seems likely to continue. Statutes in some states now cover: the prevention of child abduction by the perpetrator through supervised visitation and similar safeguards (Girdner & Hoff, 1996; Hart, 1990), providing a defense against child abduction charges if battered women flee with their children, exempting battered women from mandated mediation (Girdner, 1996), protecting battered women from charges of "child abandonment" if they flee for safety without their children (Cahn, 1991), and allowing parents to check on the criminal charges against a divorce partner (Pennsylvania's Jen & Dave's law). Recent case law makes it easier for battered women to relocate far away from their abusers (Dunford-Jackson, in press). Unfortunately, courts may apply psychological pressures that keep women tied to their abusers. "Friendly parent" statutes ask courts to assess each parent's willingness to co-parent when making custody decisions (Zorza, 1992). Despite their reasonable reluctance to co-parent, battered women may end up being labeled "uncooperative," with an increased risk of losing their children. Along with legal changes, training and resource manuals for judges and court managers have recently been published, including guidelines for selecting custody evaluators and guardian ad litems (Goelman, Lehrman, Valente, 1996; Lemon, Jaffe, & Ganley, 1995; NCJFCJ, 1995; National Center for State Courts, 1997). For further discussion of these topics, see the references at the end of this document.

        General Views About Joint Custody

        Enthusiasm for joint custody in the early 1980's was fueled by studies of couples who were highly motivated to "make it work" (Johnston, 1995). This enthusiasm has waned in recent years, in part because of social science findings. For example, Johnston (1995) concluded from her most recent review that "highly conflictual parents" (not necessarily violent) had a poor prognosis for becoming cooperative parents and there is increasing evidence that children of divorce have more problems because of the conflict between the parents before the divorce and not because of the divorce itself (Kelly, 1993). "High conflict" parents should be allowed to develop separate parenting relationships with their children. Frequent visits and joint custody schedules led to more verbal and physical abuse. More frequent transitions between high-conflict parents were related to more emotional and behavioral problems of the children. If this is true of "high conflict" parents, it is likely to be even more true if mothers are being physically victimized.

        Not all social scientists conclude that joint custody can be problematic. For example, Bender (1994) believes that "even the small percentage of parents who are very angry may be able to work out procedures to alleviate anger so that the child is not caught in the middle" (p. 126). However, his conclusion relies on data gathered at one point in time and thus statements about cause and effect are not possible. For example, better child adjustment is likely to result when joint custody is requested by (or ordered to) non-violent, low-conflict couples rather than from joint custody per se. Joint custody can be quite beneficial to the children of these non-violent, low-conflict couples, but not in cases of battering.

        Parents Most at Risk for Physical and Emotional Abuse of a Child

        Social science evidence can help to establish which parent is most likely to harm children. The most convincing evidence for the potential of men who batter their partners also to batter their children comes from a nationally representative survey (Straus, 1983). Half the men who battered their wives also abused their children. Abuse was defined as violence more severe than a slap or a spanking. Battered women were half as likely as men to abuse their children. Several non-representative surveys show similar results (reviewed in Saunders, 1994). When battered women are not in a violent relationship, there is some evidence that they are much less likely to direct anger toward their children (Walker, 1984).

        Emotional abuse of children by men who batter is even more likely because nearly all of these men's children are exposed to domestic violence (Pagelow, 1990). This exposure often constitutes a severe form of child abuse since the problems associated with witnessing abuse are now clearly documented (e.g., Edleson, 1997). There are short and long-term emotional and behavioral consequences for both boys and girls. Parents may not realize that their children can be affected even if they do not see the violence. For example, the children may be hiding in their bedrooms listening to repeated threats, blows, and breaking objects. Obviously, they may be afraid their mother will be injured or killed, but they may also have divided loyalties between their parents, guilt about not being able to intervene, and anger at their mothers for not leaving (Saunders, 1994). If mothers cannot find safety, their fears and depression may keep them from being as nurturing and supportive to their children as they normally would be.

        Although state laws include emotional abuse in their statutory definitions of child abuse, such abuse is difficult to substantiate and child protection workers often give it low priority.

        Mothers may also be blamed for harming their children in cases where evaluators and practitioners do not understand the dynamics of abuse (Edleson, 1997). Their cases are sometimes labelled as "failure to protect" since they are supposedly able to protect their children from the physical and emotional abuse of their partners (Enos, 1996). Battered women may even face criminal charges (Sierra, 1997). However, battered women's actions often come from their desire to care for their children. They may not attempt to leave because of financial needs, because they believe that the children need a father, or because they fear losing the children to their abuser. They often leave the relationship when they see the impact of violence on their children, only to return when threatened with even greater violence or out of economic necessity. Innovative programs, like Project Protect in Massachusetts, were developed to address these concerns. They use specially trained staff and multidisciplinary teams to integrate interventions for child abuse and domestic violence (Davidson, 1995). On a policy level, states generally allow evidence to show that the non-abusive spouse feared retaliation from her partner and thus could not try to stop or prevent abuse to the child. However, only a few states explicitly authorize this type of evidence.

        Factors Related to Risk to the Children

        In a given custody case, a number of factors related to or incorrectly attributed to child abuse and exposure to domestic violence may be present. Several factors--parental separation, childhood victimization of the parents, the parents' psychological characteristics, and abuser interventions-- are discussed next.

        Parental Separation. Parental separation or divorce does not prevent abuse to children or their mothers. On the contrary, physical abuse, harassment, and stalking of women continue at fairly high rates after separation and divorce. In one study, a fourth of the women reported threats against their lives during visitation (Leighton, 1989). Separation is a time of increased risk of homicide for battered women (Wilson & Daly, 1994) and these homicides sometimes occur during custody hearings or visitation exchanges of children. In rare cases, men kill children in retaliation for their female partners leaving them.

        Children are also likely to be exposed to renewed violence if their fathers become involved with other women. Over half of men who batter go on to abuse a second woman (Wofford, Elliot, & Menard, 1994). Judges who consider the remarriage of a man to be a sign of stability and maturity should instead consider it as a possible sign that the children will once again be emotionally harmed.

        Parents' Childhood Victimization. Evaluators may look to childhood risk factors of each parent to assess their child abuse potential. The link between being abused in childhood and becoming a child abuser is not as strong as was once thought, with about 30% of child abuse victims becoming abusers (Kaufman & Zigler, 1987). Some evidence suggests that the link is stronger in men than in women (Miller & Challas, 1981).

        Parents' Psychological Characteristics. The parents' personality traits and psychological disorders are generally poor predictors of child abuse (Wolfe, 1985). Neither parent is likely to have chronic mental disorders of genetic origin (e.g., schizophrenia, or bipolar disorder). Personality disorders are much more likely to appear on the psychological tests of both parents. Great care must be taken, however, when interpreting parents' behaviors and psychological tests. Men who batter often have the types of personality disorders that keep childhood traumas, anxiety, and other problems hidden (Holtzworth-Munroe & Stuart, 1994).

        To the extent that psychological disorders continue to be used to describe battered women, they can be placed at a serious disadvantage. Compared with the chronic problems of their partners, battered women's psychological problems are much more likely to decrease as she becomes safer. Many battered women may seem very unstable, nervous, and angry (Crites & Coker, 1988). Other battered women may speak with a flat affect and appear indifferent to the violence they describe (Meier, 1993). These women probably suffer from the numbing symptoms of traumatic stress. The psychological test scores of some battered women may indicate severe personality disorders and mental illness. However, their behaviors and test scores must be interpreted in the context of the traumas they have faced or continue to face (Rosewater, 1987). The tactics used by their abusers parallel those used against prisoners of war and include threats of violence, forced isolation, degradation, and attempts to distort reality and increase psychological dependence. Severe depression and traumatic stress symptoms are the likely results. When women fear losing custody of children to an abusive partner, the stress can be overwhelming.

        Interventions for the Abuser. Successful completion of treatment does not at all mean that the risks of child and woman abuse are eliminated. Although the evaluation of programs for men who batter is still in its infancy (Saunders, 1996), it is clear that a substantial proportion of women (35%, averaged across a number of studies) report that physical abuse by their partners occurs within 6-12 months after treatment. Psychological abuse is even more prevalent. Only two studies of programs for men who batter investigated the reduction of actual or potential violence toward the children (Myers, 1984; Stacey & Shupe, 1984). Both of these studies showed promising results, yet did not specifically focus on parenting issues. Only one description could be found of a special parent training program for men who batter (Mathews, 1995)

        Recommendations for Custody and Visitation

        Despite the dearth of sound research in this area, some tentative recommendations can be made from practice wisdom and the research that does exist. There is general agreement that joint custody has many advantages when a woman has good financial resources and an ex-partner who is nonabusive and supportive as a co-parent. However, the past and potential behavior of men who batter means that joint custody (or sole custody to him) is rarely the preferred option for these families. In addition to their propensity for violence, these men are likely to abuse alcohol (Tolman & Bennett, 1990) and communicate in a hostile, manipulative manner (Holtzworth-Munroe & Stuart, 1994).

        As stated earlier, the model state statute of the National Council of Juvenile and Family Court Judges clearly states that there should be a presumption that it is detrimental to the child to be placed in sole or joint custody with a perpetrator of family violence (NCJFCJ, 1994). The model statute emphasizes that the safety and well-being of the child and the parent who is the victim must be primary. The perpetrator's history of causing fear as well as physical harm should be considered. A parent's absence or relocation in an attempt to escape violence by the other parent should not be used as a factor to determine custody. Courts sometimes label battered women as "impulsive" or "uncooperative" if they leave suddenly to find safety in another city or state. The model statute specifies that it is in the best interest of the child to reside with the non-violent parent and that this parent should be able to choose the location of the residence, even if it is in another state. The noncustodial parent may also be denied access to the child's medical and educational records if such information could be used to locate the custodial parent.

        Visitation guidelines should be based on the following general principles: a) contact between child and parent should be structured in a way that limits the child's exposure to parental conflict; b) transitions should be infrequent in cases of ongoing conflict and the reasonable fear of violence; and c) substantial amounts of time with both parents may not be advisable (Johnston, 1992). Ideally, a court order should detail the conditions of supervised visitation, including the role of the supervisor (NCJFCJ, 1995). Unsupervised visitation should be allowed only after the abuser completes a specialized program for men who batter and does not threaten or become violent for a substantial period of time. Practitioners need to be aware of the strong likelihood that men who batter will become violent in a new relationship and that they often use nonviolent tactics that can harm the children. Rather than rely on official records of recidivism, the best way to establish that the perpetrator is nonviolent is to interview current and past partners.

        Visitation should be suspended if there are repeated violations of the terms of visitation, the child is severely distressed in response to visitation, or there are clear indications that the violent parent has threatened to harm or flee with the child. Even with unsupervised visitation, it is best to have telephone contact between parents only at scheduled times, to maintain restraining orders to keep the offender away from the victim, and to transfer the child in a neutral, safe place with the help of a third party (Johnston, 1992). Hart (1990) describes a number of safety planning strategies that can be taught to children in these situations.

        The model statute (NCJFCJ, 1994) states that visitation should only be awarded to the perpetrator if adequate safety provisions for the child and adult victim can be made. Orders of visitation can specify, among other things: the exchange of the child in a protected setting, supervised visitation by a person or agency, completion by the perpetrator of "a program of intervention for perpetrators", and no overnight visitation. If the court allows a family or household member to supervise the visitation, the court can set the conditions to be followed during visitation. For example, an order might specify that the batterer not use alcohol prior to or during a visit and that the child be allowed to call the mother at any time.

        Visitation centers are expanding across North America in response to the need for safe access and visitation (Straus, 1995). The approaches of these centers vary. For example, most of them provide some form of observational records of the visit, but the role of these programs in evaluating parents and reporting to courts differs. The experience of the visitation center in Duluth, Minnesota, shows the difficulty of keeping a neutral stance given the traditional biases in our social systems (McMahon & Pence, 1995). The Duluth center found that the traditional over-emphasis on parental rights and child welfare may block from view the harm of domestic violence to both battered women and their children.

        In conclusion, although there is a need for further practice experience and research, our current knowledge of risk factors for continued abuse of women and children means that decision-makers must exercise great caution in awarding custody or visitation to perpetrators of domestic violence. If custody or visitation is granted, careful safety planning and conditions attached to the court order are important to help lower the risk of harm to the children and their mothers.

        Author of this document:
        Daniel G. Saunders, Ph.D.
        University of Michigan
        School of Social Work
        suanddan@umich.edu
        August 1998

        Distribution Rights: This Applied Research paper and In Brief may be reprinted in its entirety or excerpted with proper acknowledgement to the author(s) and VAWnet (www.vawnet.org), but may not be altered or sold for profit.

        Suggested Citation: Saunders, D. (1998, August). Child Custody and Visitation Decisions in Domestic Violence Cases: Legal Trends, Research Findings and Reccomendations. Harrisburg, PA: VAWnet, a project of the National Resource Center on Domestic Violence/Pennsylvania Coalition Against Domestic Violence. Retrieved month/day/year, from: http://www.vawnet.org


        References
        Bender, W.N. (1994). Joint custody: The option of choice. Journal of Divorce and Remarriage, 21, 115-131.
        Cahn, N.R. (1991). Civil images of battered women: The impact of domestic violence on child custody decisions. Vanderbilt Law Review, 44, 1041.
        Crites, L., & Coker, D. (1988). What therapists see that judges might miss: A unique guide to custody decisions when spouse abuse is charged. The Judges' Journal, 27 (2), 9-13, 40-43.
        Davidson, H.A. (1995). Child abuse and domestic violence: Legal connections and controversies. Family Law Quarterly, 29, 357-373.
        Dunford-Jackson, B.L. (in press). National Council of Juvenile and Family Court Judges, manual on pro se custody practices for battered women.
        Edleson, J. L. (1997). Children's witnessing of adult domestic violence. Manuscript submitted for publication, University of Minnesota.
        Edleson, J. L. (1997, June). Charging battered mothers with "failure to protect" is often wrong. APSAC Advisor, 10 (2), 2-3. [American Professional Society on the Abuse of Children, 407 S. Dearborn St., Suite 1300, Chicago, IL 60605].
        Enos, P. (1996). Prosecuting battered mothers: State laws failure to protect battered women and abused children. Harvard Women's Law Journal, 19, 229.
        Family Violence Project, National Council of Juvenile and Family Court Judges. (1995). Family violence in child custody statutes: An analysis of state codes and legal practice. Family Law Quarterly, 29, 197-228.
        Family Violence Project, National Council of Juvenile and Family Court Judges. (1996). Family violence: Legislative update (Vol. 1). Reno, NV: NCJFCJ. [National Council of Juvenile and Family Court Judges, University of Nevada, P.O. Box 8970, Reno, NV 89507].
        Family Violence Project, National Council of Juvenile and Family Court Judges. (1997). Family violence: Legislative update (Vol. 2). Reno, NV: NCJFCJ. [National Council of Juvenile and Family Court Judges, University of Nevada, P.O. Box 8970, Reno, NV 89507].
        Family Violence Project, National Council of Juvenile and Family Court Judges. (1998). Family violence: Legislative update (Vol. 3). Reno, NV: NCJFCJ. [National Council of Juvenile and Family Court Judges, University of Nevada, P.O. Box 8970, Reno, NV 89507].
        Fine, M. A. & Fine, D. R. (1994). An examination and evaluation of recent changes in divorce laws in five western countries: A critical role of values. Journal of Marriage and the Family, 56, 249-263.
        Girdner, L. (1996). Mediation. In D. M. Goelman, F. L. Lehrman, & R.L. Valente (Eds.), The impact of domestic violence on your legal practice: A lawyer's handbook (17-21). Washington, D.C.: ABA Commission on Domestic Violence.
        Girdner, L., & Hoff, P.M. (1996). Parental abduction. In D. M. Goelman, F. L. Lehrman, & R.L. Valente (Eds.),The impact of domestic violence on your legal practice: A lawyer's handbook (11-16). Washington, D.C.: ABA Commission on Domestic Violence.
        Goelman, D. M., Lehrman, F. L., & Valente, R.L. (Eds.). (1996). The impact of domestic violence on your legal practice: A lawyer's handbook. Washington, D.C.: American Bar Association.
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        Hart, B. J. (1992). State codes on domestic violence: Analysis, commentary and recommendations. Juvenile and Family Court Journal, 43 (4), 1992.
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        Johnston, J. R. (1992). High-conflict and violent parents in family court: Findings on children's adjustment, and proposed guidelines for the resolution of custody and visitation disputes. Section III: Proposed guidelines for custody and visitation for cases with domestic violence. Corta Madera, CA: Center for the Family in Transition.
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        Kelly, J. B. (1993). Current research on children's postdivorce adjustment: No simple answers. Family and Conciliation Courts Review, 31, 29-49.
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        Mathews, D. J. (1995). Parenting groups for men who batter. In E. Peled, P.G. Jaffe, & J.L. Edleson (Eds.),Ending the cycle of violence (106-120). Thousand Oaks, CA: Sage.
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        * The production and dissemination of this publication was supported by Cooperative Agreement Number U1V/CCU324010-02 from the Centers for Disease Control and Prevention. Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the CDC, VAWnet, or the Pennsylvania Coalition Against Domestic Violence.

        VAWnet is a project of the National Resource Center on Domestic Violence in collaborative partnership with the National Sexual Violence Resource Center
        800-537-2238 TTY 800-553-2508 Fax 717-545-9456

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        Maternal Deprivation -The Art of Mother Fucking

        Note: Cross posted from [wp angelfury] A Human Rights Issue-Custodial Justice.

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        Maternal Deprivation

        http://longviewredemption.blogspot.com/2009/10/maternal-deprivation.html

        On one mahaTmA's 140th year after birthing, his quotation in the Prologue of the Mother - Fucking Trilogy, "Even if I am a Minority of One, the Truth is still the Truth."

        --- Mohandas K. Gandhi // // http://bluemaas.public.iastate.edu

         

        "Years ago, still small, I lost my mother.

        Everyone wept around me,

        but I grieved in silence,

        Ignorant that to relieve sorrow,

        a flood of tears must fall."

        --- Thich Nhat Hanh, Viet Nam

        [[[from the 20 September 2009 Domestic Violence by Proxy // http://justice.posterous.com

         

        "Some unfortunate women after years of enduring domestic violence have then lost custody to the batterers who abused them. In these cases, batterers have made good on their threat to attack their ex - partner in the place she is the most vulnerable -- by taking her children away from her.

        After separation, these batterers continue to wage their campaign of manipulation and abuse by attempting to convince involved children that their mothers never loved them. [thuggishly ... and hourly ... perpetrating the INVISIBILITY of her].

        Looking for a way to describe their batterers' behavior, some mothers have called what their batterer is doing "parental alienation syndrome."

        "In reality, what these women are describing from their ex - partners is better termed Domestic Violence by Proxy ..." For the article and more information, see: http://www.leadershipcouncil.org/1/pas/DVP.html

        and http://www.thelizlibrary.org/site-index/site-index-frame.html.

        Filed under // punishing mother therapeutic jurisprudence

        Comments [1]

        Recent comments randijames said...

        AKA Maternal Deprivation [Syndrome]. Please noncustodial mothers, stop trippin off of pedo "parental alienation syndrome"]]]

        posted by Blue of Central Iowa @ 1:55 PM

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        Japanese view: American dad kidnapping kids "not news” (Dastardly Dads)

        Note: Cross posted from [wp angelfury] A Human Rights Issue-Custodial Justice.

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        Japanese view: American dad kidnapping kids "not news"

        I was interested to track down Japanese views on American dad CHRISTOPHER SAVOIE and his attempt to abduct his children from their mother and take them back to the U.S. And I just couldn't find anything. I kept wondering why my searches of various Japanese newspapers--even in Fukuoka--kept coming up with zero.

        Then I found this piece on CNN. Seems the Japanese don't see this as "news," so they're not reporting it. Needless to say, the apparently Japanese reporter who interviewed various Americans found that they all declared--in a rather jingoistic humph--that Japan's ways of doing things were "archaic and rigid" because they're different from the way things are now done in U.S. The reporter also asserts that Japan treats DV and child abuse as strictly private affairs, and ignores them somehow because they believe in sole custody. Where the evidence for that is, I don't know. And you don't think that Americans try to sweep DV and child abuse under the rug too, especially in family court? Of course they do.

        Frankly, I'm not seeing any of it. According to one of the very few articles on the attempted abduction to come out of Japan (Japan Times--posted here earlier today), one of the reasons that Japan doesn't endorse the Hague Convention is because too many Japanese women are being abused by foreigner husbands, so there's a need to protect them and their children post-divorce through sole custody. So the Japanese seem to be quite aware of domestic violence, at least no less so than the Americans, who are always trying to push battered women into joint custody with a violent ex-husband.

        The comments to this CNN piece are interesting too. Of course, you have the usual self-righteous fathers rights types and disgrunted ex-husbands. But you also see a lot of Japanese anger over American attempts to meddle in their family policies. I've reproduced some of these mostly Japanese responses below the CNN piece. Oh, and check out the little digs regarding the U.S. criminal justice system, high violent crime rates, high divorce rates, and lack of universal health care. Juicy stuff!

        An interesting question comes to mind here. If the FRs insist that selfish American women get divorces in high numbers because they get everything (in reality, they mostly get poverty and joint custody), then WHY is the divorce rate much lower in Japan? With the promise of sole custody, you'd figure every married Japanese woman would be clamoring for a divorce--if the FR assumption were correct. Quite the opposite. So it doesn't appear that divorce rates necessarily have much to do with cultural assumptions about custody.

        http://inthefield.blogs.cnn.com/2009/09/30/family-mans-plight-not-news-in-japan/

        Family man’s plight not news in Japan

        Posted: 806 GMT

        Christopher Savoie’s case is playing out dramatically over the airwaves and in the blogosphere — an American man with sole legal custody of his young children, jailed in Japan for trying to bring his abducted children back to the U.S.

        But if you’re Japanese, you’ve never heard of Savoie, because the story hasn’t been on a newscast or in the newspapers.

        Based in Tokyo, among our first calls was to the local press in Fukuoka. The newspaper told us “This isn’t news.” When we asked if they would cover it because of the growing international interest, the paper flatly said, “No.”

        That response is a window into the Japanese mindset of the privacy of the home, and helps explain the cultural and legal clash in which Savoie is trapped.

        Invading into the domicile is considered taboo, where issues like domestic violence and child abuse still culturally remain private matters.

        Japanese family law follows suit, hesitant to order families to recognize joint custody. It prefers to obey the cultural norm of the woman having primary custody, which often means the father never has any contact with the children. That would be unthinkable in a U.S. court, which sees joint custody as a matter of course in divorce.

        The Americans I’ve interviewed in this story say they’re flabbergasted by Japan’s archaic and rigid laws. But in this culture, there’s no discussion about it. They don’t even consider it news.

        Posted by: Kyung Lah

        And a few of the reader responses:

        How is it archaic just because it disagrees with American laws and values?

        Why is it always that American values are considered fashionable, while East Asian values are considered a thing of the past? Americans need to wake up and start to realize that as they associate themselves more in this ever increasingly globalized world, that them and their values are not superior.

        American opinion regarding children and divorce is very onesided. Yesterday the news was about the Japanese wife that kidnapped the kids. If she ever comes back to USA most likely she will be harassed and most likely jailed by the USA justice system ( police, prosecutors, judges, marshals, jail people) . This problem is temporary for until the kids become of age when they will anyway separate from their parents. USA thinks that it’s justice system is perfect and the rest of the world’s is flawed. Just let the kids be happy and with the next wife the man can be more caring. He can also visit them and make his presence known by sending gifts. All in all is not lost.

        If this was about a European or any one else besides an American this wouldn`t be news Either. Epic Fail CNN. 85% of your news is about the united states. Sad really.

        Well, the gentleman has apparently broken the law, and without knowing any details of his particular case it is impossible to justify his actions. As far as Japanese laws are concerned, the country enjoys 97% crime solvency rates, versus around 19% in the USA. Domestic abuse is a problem in every society, but there is hardly an indication of its predominance in Japan.

        Did the father get the Japanese citizenship for a free medical care for his heart ailment? Or was it the mother’s idea to keep him and the kids under the Japanese law, in which case she is a smarter and more fit parent I must say.

        CNN Japan site reveals some facts and the other side of the story which caught my attention. Mr. Savoie and the ex- wife is still legally married in Japan since they never filed for divorce in Japan. Japanese police discovered that Mr. Savoie has been Naturalized in Japan since 4years ago and therefore this case is dealt as married couple and the father trying to abduct children from their country.Both children hold Japanese passports.These facts were never discussed on American news.

        also, on the talks about american v japans society and their laws, the crime rate here is almost nil in compairison to the US so abduction, even if the american laws said they were your children is a serious offense. also if this news were televised in japan or put in the news papers, it would be the american, mr savoie who is portraid as the criminal because he tried to take the children from the mother, who has sole custody, so if your asking for news coverage you would be asking for another bad light to be shinned on america

        I am a Japanese. You are so right about one thing, “invading into the domicile is considered taboo” in Japan. I can’t even believe that picure of his kids and his ex-wife is exposed to the world and being controberted behind their back. I think Japan have many things to learn from other countries, but we have to respect different culture. As to this case, the problem is that they got divorced.Why dovorce rate is high in the States?I hope Japan and U.S. will work together to bring back quiet life to these kids.

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        Stabbing victim was involved in custody fight

        Note: Cross posted from [wp angelfury] Whos Killing Families?.

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        http://www.jsonline.com/news/waukesha/63352217.html

        Stabbing victim was involved in custody fight

        By Tom Kertscher of the Journal Sentinel

        Posted: Oct. 2, 2009

        enlarge photo

          Kim Smith

        more photos

         

        Kim Smith

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        Oconomowoc — The woman found stabbed to death in her home Thursday was entangled in a custody dispute with her former boyfriend over their 4-year-old son, who also was home at the time of the slaying, authorities said Friday.

        The custody proceedings were favoring Kimberly Ann Smith, 39, and not her 41-year-old former boyfriend, court records show.

        But the Lubbock, Texas, man has denied involvement in the slaying and has been cooperative with Texas authorities who contacted him on behalf of Wisconsin authorities, Waukesha County District Attorney Brad Schimel said.

        Schimel said the man is to travel to Wisconsin next week in connection with the custody case and could be questioned then in the slaying.

        Smith's current boyfriend, who lived with her and her son, Jackson, found Smith's body in the living room of their home in the 300 block of S. Maple St. He called 911 at 9:30 a.m. Thursday, Police Chief David Beguhn said.

        The boyfriend said he had left for work about 6 a.m. and returned after learning that Smith didn't show up at her job, according to Beghun.

        He said he does not believe that Jackson witnessed his mother's stabbing.

        Court records show that Smith and Jackson's father, who previously lived together in Germantown and in Pennsylvania, have been fighting for more than two years in Washington County Circuit Court over custody of the boy.

        In July, Jackson's father was ordered to spend 60 days in jail after being held in contempt of court, but the jail time was to be imposed only if he failed to follow certain conditions for a year, records show.

        He had lied about where he was living and failed to make court-ordered payments.

        Milwaukee lawyer Jane Probst, who represented Smith, said Jackson's father was informed last week about a Texas social worker's recommendation regarding custody of the boy.

        Probst said she did not know the recommendation. It was to be revealed in court, along with the recommendation of a Washington County social worker, at a hearing Oct. 15, she said.

        The recommendations were to be filed with the court by Thursday, the day Smith was killed.

        "Sad, sad situation for that little boy," said Jerry Becker, the attorney who represents Jackson in the custody proceedings. "From everything I know, he seems to be a kid everybody loves."

        Probst said Smith worked in employee benefits for the Waukesha County Department of Health and Human Services and used to lead trail rides at the former Swinging W horse ranch in the Town of Eagle.

        "She really seemed to have a good heart," Probst said.

        A statement from Smith's family said she was "very dedicated" to Jackson "and worked hard to provide him with the best love and care a parent could provide. She approached every day with enthusiasm and goodwill for others. Her sudden loss has created an extreme void for many people who love her dearly."

        Beguhn said police have recovered a knife they believe was used to kill Smith. He said there was no sign of forced entry into her home, and no neighbors reported hearing or seeing anything.

        Jackson is with family in Wisconsin, the chief said.

        The last homicide in Oconomowoc was the ax murder of Gloria Jean Totzke, 59, who was killed in her bed in 2006. Her son, Mark Totzke, was convicted and sentenced to life in prison.

        Beguhn said that before Totzke was killed, there had not been a murder in the city for 29 years.

        __._,_.___

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