Sanctuary for the Abused
Wednesday, July 08, 2020
Wife Abuse & Child Custody and Visitation by the Abuser
by Kendall Segel-Evans
originally published: ENDING MEN'S VIOLENCE NEWSLETTER, Fall, 1989
I recently read the National Organization for Changing Men's statement on child custody, and the position taken that, in general, sole custody by the previously most involved parent is preferable to joint custody. I would like to elaborate on this position for families where there has been violence between parents (i.e. woman-abuse). The following includes the main points of a deposition I was asked to provide to a lawyer for the mother in a child custody case. I do not believe this is the last or best word on the subject, but I hope that it will simulate useful dialogue about the effects on children of wife-abuse and the treatment of wife-abusers. I also wish to further discussion on the issue of how we are going to truly end men's violence. Clearly, I believe that the treatment of wife-abusers should not only be held accountable to the partner victim/survivors, but also to the children, and to the next generation.
I would like to mention that I will speak of husbands and fathers abusing wives and mothers, because that is the most common situation by far, not because the reverse never happens. It also seems to be true that when there is wife to husband violence it is usually in self-defense and usually does not have the same dynamics or effects as wife abuse. I will use the words violence and abuse somewhat interchangeably, because, in my opinion, domestic violence is not just about physical violence. Domestic violence is a pattern of physical, sexual, economic, social and emotional violence, coercion, manipulation and mistreatment or abuse. Physical violence and the threat of such violence is only the part of the pattern that is most visible and makes the other parts of the pattern difficult to defend against. Once violence is used, its threat is never forgotten. Even when the violence is stopped by threat of legal action or by physical separation, the coercion, manipulation and abusiveness continue (Walker and Edwall, 1987).
Accompanying this pattern of behaviors are common styles of coping or personality characteristics - such as the tendency to blame others for ones problems and impulsiveness - that most batterers share. Almost every man I have worked with has a tendency to see his partner (or his children) as responsible for his pain when he is upset. This leads to seeing his partner (or his children) as an enemy who must be defeated before he can feel better. This is destructive to emotional health even when it does not lead to overt violence.
In my opinion, it would be better, in most cases, for the children of homes where there has been domestic violence not to be in the custody of the abusive parent at all. In many cases it is even advisable that visitation be limited to controlled situations, such as under a therapist's supervision during a therapy session, unless the batterer has been in batterer's treatment and demonstrated that he has changed significantly in specific ways. "Merely" observing ones father abuse ones mother is in itself damaging to children. My clinical experience is consistent with the research literature which shows that children who witness their father beat their mother exhibit significantly greater psychological and psychosomatic problems than children from homes without violence (Roy, 1988). Witnessing abuse is more damaging in many ways than actually being abused, and having both happen is very damaging (Goodman and Rosenberg, 1987). Studies show that a high percentage (as high as 55%) of fathers who abuse their wives also abuse their children (Walker and Edwall, 1987). In my experience, if one includes emotional abuses such as being hypercritical, yelling and being cruelly sarcastic, the percentage is much higher. The damage that children suffer is highly variable, with symptoms ranging from aggressive acting out to extreme shyness and withdrawal, or from total school failure to compulsive school performance. The best way to summarize all the symptoms despite their variety is to say that they resemble what children who suffer other trauma exhibit, and could be seen as a version of Post Traumatic Stress Disorder (Walker and Edwall, 1987).
Equally serious is the long term effect of domestic violence - intergenerational transmission. Children who observe their mothers being beaten are much more likely to be violent to a partner themselves as adults. In one study, men who observed violence towards their mother were three times more likely to be abusive than men who had not observed such violence (Strauss et al., 1980). The more serious the abuse observed, the more likely the men were to repeat it. Being abused also makes children likely to grow up to be violent, and having both happen increases the probability even more.
How children learn to repeat the abuse they observe and experience includes many factors. One of the more important is modeling. When they grow up, children act like their parents did, consciously or not, willingly or not. Several of the boys I have worked with have been terribly conflicted about being like their father, of whom they were afraid and ashamed. But they clearly carried parts of their father's behavior patterns and attitudes with them. Other boys from violent homes idealized their father, and they were more likely than the others to beat their wives when they grew up (Caesar, 1988). Several of the men I have worked with in group have lamented that they told themselves that they would not beat their wives the way their mother was beaten when they were children. But when they became adults, they found themselves doing the same things their father did. One reason for this is that even if the physical abuse stops, if the children still have contact with the batterer, they are influenced by his coping styles and personality problems. As Lenore Walker observes (Walker and Edwall, 1987, p. 138), "There is also reason for concern about children's cognitive and emotional development when raised by a batterer who has a paranoid-like pattern of projecting his own inadequacy and lack of impulse-control onto others." Dr. Pagelow agrees, "It may become desirable to avoid prolonged contact between violent fathers and their sons until the men assume control over their own behavior and the examples of 'manhood' they are showing to the boys who love them, (Pagelow, 1984, p. 256). If the abusive man has not sought out domestic violence specific treatment for his problem, there is no reason to believe that the underlying pattern of personality and attitudes that supported the abuse in the past have changed. There is every reason to believe it will impact his children.
Additionally, in a society where the majority of wife-beatings do not lead to police reports, much less to filings or convictions, it is easy for children to perceive that abusiveness has no negative consequences. (One study, by Dobash and Dobash, found that 98% of violent incidents between spouses were not reported to the police [reported in Pagelow, 1984, p. 437]). Some children, seeing who has the power and guessing what could happen to them if they opposed the power, will side with the abuser in custody situations. Often, children will deny that the abuse ever happened. Unfortunately, the children who side with the abuser, or deny the abuse, are the most likely to be abusive themselves as adults. It is very important that family court not support this by treating a wife-beating father as if he were just as likely to be a good parent as the woman he beat. As Gelles and Strauss point out in their book Intimate Violence (1988), people are violent in part because they believe they can get away with it. Public consequences are important for preventing the intergenerational transmission of violence. Boys, particularly, need to to see that their father's abusiveness leads to negative, not positive results.
Lastly, I would like to point out that joint legal custody is likely to be damaging to children when there has been spousal violence. My experience with my clients is definitely consistent with the research results reported by Judith Wallerstein to the American Orthopsychiatric Association Convention in 1988. The data clearly show that joint custody is significantly inferior to sole custody with one parent when there is parental conflict after the divorce, in terms of the children's emotional adjustment as well as the mother's safety. Most batterers continue their abusiveness after the marriage, into the divorced parent relationship, in the form of control, manipulation and harassment over support payments, visitation times, and parenting styles. The children are always aware of these tensions and battles, and sometimes blame the mother for not just giving in and keeping the peace - or for being too submissive. The batterer often puts the children right in the middle, taking advantage of his belief that she will give in to avoid hurting the children. The damage to the children in this kind of situation is worse because it is ongoing, and never is allowed to be resolved or have time to heal.
Because I work with batterers, I am sympathetic to the distress they feel at being separated from their children for long periods of time. However, the men who truly cared about their children for the children's sake, and not for what the children do for their father's ego, have been willing to do the therapeutic work necessary to change. They have been willing to accept full responsibility for their violent behavior, and however reluctantly, have accepted whatever restrictions on child visitation existed for safety reasons. They have been willing to be in therapy to deal with "their problem." They have also recognized that they were abused as children themselves, or witnessed their mother being abused, or both, and are willing to support interrupting the intergenerational transmission of violence.
Kendall Segel-Evans, M.A. Marriage, Family and Child Counselor
Caesar, P. Lynn., "Exposure to Violence in the Families of Origin Among Wife Abusers and Maritally Violent Men." Violence and Victims , Vol. 3, No. 1, Spring, 1988.
Davis, Liane V., and Carlson, Bonnie E., "Observation of Spouse Abuse - What Happens to the Children?" Journal of Interpersonal Violence, Vol. 2, No. 3, September 1987, pp. 278-291, Sage Publications, 1987.
Dutton, Donald., The Domestic Assault of Women, Allyn and Bacon, 1988.
Gelles, Richard J. and Strauss, Murray A., Intimate Violence, Simon and Schuster, 1988.
Goodman, Gail S., and Rosenberg, Mindy, S., "The Child Witness to Family Violence: Clinical and Legal Considerations. Ch. 7, pp. 47ff. in: Sonkin, Daniel. Ph.d., Domestic Violence on Trial, Springer, 1987.
Pagelow, Mildred Daley, Family Violence, Praeger Publications, 1984.
Roy, Maria., Children in the Crossfire, Health Communications, Inc. 1988.
Roy, Maria., The Abusive Partner, Van Nostrand, 1982.
Sonkin, Daniel. Phd., Domestic Violence on Trial, Springer, 1987.
Strauss, Murray A., et. al., Behind Closed Doors, Anchor Books, 1980.
Walker, Lenore E.A., and Edwall, Glenace E. "Domestic Violence and Determination of Visitation and Custody in Divorce." Ch. 8, pp. 127ff. Sonkin, Daniel. Phd. Domestic Violence on Trial, Springer, 1987.
Wallerstein, Judith., Report to the American Orthopsychiatric Association Convention, 1988.
Copyright 1995, 1996, 1997, 1998, 1999, 2000 Minnesota Center Against Violence and Abuse
GREAT SITE FOR PARENTS TRYING TO CO-PARENT
Labels: child custody, cycle of abuse, family court, high conflict, lawyers, manipulation, stalking, visitation, wife abuse
Wednesday, September 26, 2018
"PARENTING" WITH A NARCISSIST, SOCIOPATH or ABUSER
1. STAY STRONG IN YOUR FAITH! I know that this is difficult at times because I myself have been tried so much. Go to church regularly and tell the pastor(s) and counselors at your church what you are dealing with and ask them and the congregation to pray for you. Pray and read your Bible. If you are not religious you might want to try this out anyway or meditate to bring peace to your soul. It is absolutely necessary that you find some peace in a situation that is utter chaos and dysfunction.
2. DO NOT TAKE THEIR BAIT! I have read on several websites (including this one), and books like The Sociopath Next Door, by Dr. Martha Stout, and also Without Conscience, by Dr. Robert Hare, that stress this very point. I found this out the hard way and have learned from experience that this only adds to the problem because the sociopath is often trying to get a reaction out of you. Reacting or retaliating against the sociopath only fuels the fire. Although it might sound cliché, one can only truly and successfully fight evil with goodness, especially in this case.
3. DOCUMENT EVERYTHING! Sociopaths (as my ex is) are pathological liars and are bound to contradict themselves in their stories. Thorough logs of all events with the sociopath and also supporting documents such as emails, police documents, medical records, court documents, etc., can all be of help when dealing with a sociopath in a situation such as this. When the time is right (sometimes its smart to let time go by so that the sociopath can implicate, perjure, and hang him/herself some more) you might decide to file the appropriate paperwork in court (i.e. Order to Show Cause for custody and visitation, declarations, motions for contempt of court, etc.) and attach the documents that you have been logging and saving as exhibits/evidence to your court papers (you can ask an attorney, paralegal, or family law self help center or other similar groups how to do this). If you have the financial resources, you might want to consider a deposition as another opportunity to let the animal perjure him/herself some more.
4. REQUEST EXPLICIT & SPECIFIC COURT ORDERS! I have found through personal experience that sociopaths will exploit and take advantage of any ambiguity or vagueness in court orders to create complete and utter chaos. You must push for detailed court orders when you go to court to prevent this from happening.
5. ASK THE COURT TO ARRANGE CHILD EXCHANGES AT LOCAL POLICE DEPARTMENTS! Doing this eliminates the opportunity of having to interact with the sociopath at your home or his/her home as well as other places that are easy for chaos to occur. Arrive at the exchange early and let the officers know that you are there for a child exchange (make sure you always have the court orders with you so that the police can see it if need be) and you can ask the desk officers if they can monitor the exchange.
6. HAVE PEOPLE OTHER THAN YOU THAT YOU TRUST AND ARE GOOD PEOPLE DO THE EXCHANGE OF YOUR CHILD(REN) IF POSSIBLE! Making yourself as invisible as possible might increase the chances of cutting the sociopath out of your life since he or she will no longer be able to see you sweat. Remember to always stay calm and collected when the sociopath tries to anger you (you can cry and vent in private) even and especially in court.
7. BE CAUTIOUS IN STATING THAT YOUR EX IS A SOCIOPATH (OR NARCISSIST)! Many people, including the courts, child welfare organizations, lawyers, etc., are not familiar with this devastating disorder and as a result do not know how to respond properly to the warning signs (as many of us did not know how to until we were caught in a complex web of deception). Therefore, focus on proving the behavior of the sociopath in court using the strategies I suggested earlier and do not accuse your ex as being a sociopath in court. They will not take this seriously since you are probably not a professional licensed to make such a diagnosis.
8. PUSH FOR COMMUNICATION BETWEEN YOU AND THE EX TO BE THROUGH EMAIL ONLY WHEN YOU GO TO COURT! Communication using this vehicle of communication helps to eliminate the possibility of he said/she said. Websites such as www.ourfamilywizard.com or talkingparents.com are excellent because they provide an opportunity for you to communicate with your ex via email and all the communication is safe and secure and can easily be printed out (all emails also include the date and exact time the emails were sent and viewed by the other party and also include the time any printed emails are generated). Also, the website allows you to input your parenting schedules, input medical information for the child, and offers a journal, free children’s accounts to the child(ren) involved and can also offer professional accounts for minor’s counsel and possible others to oversee the account and monitor what is going on. BLOCK your ex from everything else.
9. PUSH THE COURT FOR PERMISSION TO VIDEO OR TAPE RECORD EXCHANGES AND MAKE SURE THIS IS WRITTEN IN THE COURT ORDER! Doing this helps to eliminate any possibility for potential chaos.
10. GET ALL INFORMATION STRAIGHT FROM THE SOURCE! Do not rely on any information the sociopath provides you. Always verify all information concerning the child or children with their doctors, teachers, counselors, etc. If possible have the child(ren’s) doctors, teachers, counselors, etc. document all information they give you.
11. DO NOT CUT THE SOCIOPATH ANY SLACK! Record and document any and all violations of court orders. Recording these violations may be helpful when you go to court.
12. HIRE AN EXPERIENCED COMPETENT ATTORNEY, AND IF POSSIBLE ONE THAT HAS EXPERIENCE IN DEALING WITH SOCIOPATHS OR OTHER SIMILAR PERSONALITY DISORDERS! Child custody cases involving sociopaths are complicated and need the skill, experience, and know-how of a professional.
13. TRUST YOUR GUT! Oftentimes, we doubt our intuitions when we shouldn’t. In my personal experience I found that there were warning signs but did not respond to them as I should have because I took the signs lightly. Likewise, when I was drawn into my ex’s net of deception and chaos, I knew something was wrong, and attempted to explain what I believed was wrong with my ex to my previous attorney, but the attorney did not understand and discouraged me from engrossing myself in research. She stated that doing so could help me to become emotionally and mentally unstable (the attorney did not have experience in dealing with such complex personalities and so did not know how to properly respond to my ex’s actions). I later decided to trust my gut and continued with my research. Through research, trial and error, I have learned how to better deal with my ex and I do not respond to his baits (my ex has accused me of being a sociopath and has falsely accused me of harassing him).
14. TAKE CARE OF YOURSELF! Living well is truly the best revenge. As difficult as it may be, try not to let the sociopath make you a bitter, angry, mean person. Remember the ultimate goal of the sociopath is to frustrate you. Enjoy your child(ren) while they are with you and let them know that you love them. Listen to them and model what real love looks like while they are in your care. Let them see you in loving relationships with other people. Criticize their actions and not them in private and DO NOT talk badly about the other parent in their presence (this can give the other parent an opportunity to bring parental alienation charges against you); instead you can let them know that actions like the ones their parents are exhibiting are wrong and hurtful to others and that this behavior is undesirable. Also, don’t forget to eat (like I have in the past), exercise, sleep, and laugh! Do not under any circumstances allow the sociopath to rob you of your ability to laugh.
(REMEMBER: you can NOT CO-Parent with a Cluster B, you can only Parallel Parent)
Labels: abuser, co-parenting, coparenting, court orders, family court, female psychopathy, lying, narcissist, parental alienation, shared parenting, slander, smear campaign, sociopath
Friday, April 20, 2018
Attention: Protective Parents in Family Courts
by Diana Winslow
Concerned parents
were elated this week when a much awaited segue for them to speak came
forward as an invitation from the federal government, asking for
clarifications on identified problems with child human rights in court,
family rights in court and the lack of a uniform structure to respond to
child sex abuse investigations, child abuse investigations and
placement of children with a parent who is not known to them, has
committed crimes against the other parent or is convicted of crimes that
put the child at risk in their care.
Following a march on Washington DC and a Congressional Briefing this Summer members of Congress heard and were concerned about the severity and frequency with which child custody issues are mishandled, to the point of injury to the child or protesting parent. It is remarkable that BOTH events happened despite the sequester, AND that these actions generated interest and an invitation.
The US Department of Justice is ready now to consider cases of chaos caused by State child and family courts. USDOJ is calling for child custody outlines in a format. The purpose of providing the outline is for the writer to simply and systematically give structured information regarding the problem case in question.
The US Department of Justice wants timelines of these outrageous cases.
Just complete and send your case in this format to: Mary Seguin atricourtcon@gmail.com by January 15, 2014 so she can provide them to the DOJ. The USDOJ invitation was issued to the representing group at the Summer March and Congressional Briefing: The California Protective Parents Association.
___________________________________________________________________________
Format for the Letter to the USDOJ
Who you are1. Contact information:
2. Background:
3. Education:
4. Former employment:
5. Criminal record (arrests and convictions):
Who your former partner/husband/wife is
1. Background:
2. Education:
3. Former employment:
4. Criminal record (arrests and convictions):
Reports of physical or sexual assault/battery and/or incest
1. Law enforcement (give name of office and address):
Date, Name and title of officer, Outcome of investigation and report:Child Protective Services (give name of office and address):
2. Social worker/Counselor/Other
Date, Name and title of worker, Outcome (including not reporting to criminal authorities to investigate):
3. Court personnel (give title and address):
Date, Name and title of professional, Outcome(including not reporting to criminal authorities to investigate):
4. Other offices/individuals:
Date, Name and title of professional, Outcome (including not reporting to criminal authorities to investigate):
Intimidation against you that deterred you from reporting
1. Who intimidated you:
2. How were you intimidated:
Gag orders
1. Who gave you a gag order (name, title, date, place):
2. Rationale given for gag order to not talk about these recurring crimes of incest and assault and battery.
3. Removal of child(ren) from you after you reported criminal physical or sexual assault/battery and/or incest:
Response from Social Services
1. Name and title of person(s), recommendations for investigation/ removal/ supervision:
2. Date of recommendation and where recommendation was filed:
3. Name and title of person ordering removal of children (if removal was ordered) :
4. Date of order and where order was filed:
Supervised visitation
1. Name and title of person recommending supervised visits:
2. Reason given for recommendation:
3. Name and title of person who ordered supervised visits:
4. Date and place order was made:
5. Name of specific visitation center you were ordered to attend:
6. Amount of fees:
7. Dates and times you were ordered to attend:
8. If you were not ordered to a specific visitation center, name of visitation center you chose:
9. Was this center paid by the county:
Motions you filed for relief
1. Date and place filed:
2. Who filed the motion:
3. What lawyers were involved:
4. Outcome of the motion:
*At the end of the time line, please provide note: “Supporting evidence is being compiled in exhibits.”
SEND TO:
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Parents
in and out of CPS courts and family/divorce courts face a hamster wheel
of demands, which beyond the direct trauma to the family, often exhaust
financial and emotional resources, cost jobs and personal assets. Most
everyone knows at least ONE case like this. Please pass this article
along to others who might be affected.
Labels: child abuse, child custody, child support, children, doj, family court, narcissistic parent, parallel parenting, systems induced trauma
Saturday, April 07, 2018
ONE MOM'S BATTLE
One Mom's Battle is an AWESOME resource for women & men battling thru divorce and child custody with a Narcissist, Sociopath, Psychopath or BPD.
I can't recommend strongly enough for anyone having these issues to join their Facebook group or Twitter and to follow their website. - Barbara
~~~~~~~~~
This battle started as “One Mom’s Battle” but it has become a village. Together, this village will make changes in the Family Court System and will bring awareness to Narcissistic Personality Disorder. What started as a lonely journey has turned into a family of men and women who are “in the trenches” and working to ensure that the Family Court System starts to do what it was designed to do: act in the best interest of the children.
In 2008, a heard three words that would forever change my life. As quickly as my therapist said the words, “Narcissistic Personality Disorder,”
I wanted her to take them back. I didn’t want to hear that my marriage
was irreparable. I didn’t want to hear that there was no hope for my
husband. I was in a lonely, empty and verbally abusive marriage yet I
was still not ready to throw in the towel. I left my therapist’s office
that day and I did not return to see her for over four years.
I spent the remainder of 2008 trying to salvage my marriage. As the victim of gas lighting, a stealth form of emotional abuse which is generally delivered by individuals with personality disorders, I was a shell of the person I had been prior to meeting Seth. I was no longer a bright, bubbly, free-spirit – I was insecure and filled with self-doubt. During that year, I began to discover that my marriage was fraught with lies and deception. In the beginning of 2009, a second therapist (our marital counselor) suggested that Seth undergo a psychological evaluation and that day, he walked out of therapy and proclaimed that our marriage was over.
I quickly discovered that there is only one thing worse than being married to a narcissist and that is divorcing a narcissist. I also discovered that the Family Court System is not equipped or educated on Cluster B personality disorders. Individuals (male and females) who suffer from Narcissistic Personality Disorder (NPD) are generally charming and charismatic. They are also pathological liars who are skilled at deceiving those around them whether it be in the business world, political arena or sadly, in the courtroom. Because perjury is not punishable in Family Court, this venue becomes a playground for the narcissist and winning becomes their driving force.
My battle began in 2009 when I went from a 4,000 foot home in a gated community to my local women’s shelter – this was the very shelter that I had volunteered my time for many years. To be on the “other side” was the most humbling experience of my life. I lost everything in one short year: my business, my home, my cars and my marriage. I then spent the next four years entangled in one of the worst custody battles to enter the San Luis Obispo Family Court System. During this time, I acted as my own attorney and had to dig deep for inner strength. I found God and learned what “faith” really means.
My battle came to an end in July of 2013 when I was awarded full legal and physical custody of my daughters, ages 6 and 8. Not only did my battle come to an end but I received validation when the courts handed down final custody orders consisting of professionally supervised visits. After four long and exhausting years, my daughters are finally safe. This is a story about not giving up. This is a lesson about believing in yourself and what you can accomplish when the odds are against you.
xoxo Tina
###
“Like” One Mom’s Battle on Facebook or “follow” on Twitter.
Seeking insight, encouragement and advice while divorcing a narcissist?
Tina Swithin’s book, “Divorcing a Narcissist- One Mom’s Battle” is available on Amazon or through Barnes & Noble. Learn how to set boundaries and see the narcissist for who he/she really is. You will learn to forgive yourself and you will begin to heal.
SOURCE
I can't recommend strongly enough for anyone having these issues to join their Facebook group or Twitter and to follow their website. - Barbara
~~~~~~~~~
This battle started as “One Mom’s Battle” but it has become a village. Together, this village will make changes in the Family Court System and will bring awareness to Narcissistic Personality Disorder. What started as a lonely journey has turned into a family of men and women who are “in the trenches” and working to ensure that the Family Court System starts to do what it was designed to do: act in the best interest of the children.
TINA SWITHIN
I spent the remainder of 2008 trying to salvage my marriage. As the victim of gas lighting, a stealth form of emotional abuse which is generally delivered by individuals with personality disorders, I was a shell of the person I had been prior to meeting Seth. I was no longer a bright, bubbly, free-spirit – I was insecure and filled with self-doubt. During that year, I began to discover that my marriage was fraught with lies and deception. In the beginning of 2009, a second therapist (our marital counselor) suggested that Seth undergo a psychological evaluation and that day, he walked out of therapy and proclaimed that our marriage was over.
I quickly discovered that there is only one thing worse than being married to a narcissist and that is divorcing a narcissist. I also discovered that the Family Court System is not equipped or educated on Cluster B personality disorders. Individuals (male and females) who suffer from Narcissistic Personality Disorder (NPD) are generally charming and charismatic. They are also pathological liars who are skilled at deceiving those around them whether it be in the business world, political arena or sadly, in the courtroom. Because perjury is not punishable in Family Court, this venue becomes a playground for the narcissist and winning becomes their driving force.
My battle began in 2009 when I went from a 4,000 foot home in a gated community to my local women’s shelter – this was the very shelter that I had volunteered my time for many years. To be on the “other side” was the most humbling experience of my life. I lost everything in one short year: my business, my home, my cars and my marriage. I then spent the next four years entangled in one of the worst custody battles to enter the San Luis Obispo Family Court System. During this time, I acted as my own attorney and had to dig deep for inner strength. I found God and learned what “faith” really means.
My battle came to an end in July of 2013 when I was awarded full legal and physical custody of my daughters, ages 6 and 8. Not only did my battle come to an end but I received validation when the courts handed down final custody orders consisting of professionally supervised visits. After four long and exhausting years, my daughters are finally safe. This is a story about not giving up. This is a lesson about believing in yourself and what you can accomplish when the odds are against you.
This is about my experience in the Family
Court System and the frustrations that came as a result of this broken
system. This isn’t about mother’s rights or father’s rights. It’s about
a child’s right to be happy, safe and loved.
xoxo Tina
###
“Like” One Mom’s Battle on Facebook or “follow” on Twitter.
Seeking insight, encouragement and advice while divorcing a narcissist?
Tina Swithin’s book, “Divorcing a Narcissist- One Mom’s Battle” is available on Amazon or through Barnes & Noble. Learn how to set boundaries and see the narcissist for who he/she really is. You will learn to forgive yourself and you will begin to heal.
SOURCE
Labels: abuse, borderline personality disorder, child custody, child support, co-parenting, custody, divorce, family court, narcissist, parallel parenting, psychopath, sociopath, support
Tuesday, February 20, 2018
Good Mothers & Their Allies vs. the Family Court and the Abuser
This introduction is adapted from a section that Bancroft wrote for Disorder in the Courts: Mothers and Their Allies Take on the Family Court System, an e-book available from California NOW.
by Lundy Bancroft
There is no love deeper, more complete, and more vulnerable than the love that caring parents feel for their children. There is a bond so strong that it can be hard to tell exactly where the parent ends and the child begins, and the line is even harder to draw when our children are very young. Mothers have an additional bond from having carried their children inside of their bodies and having given birth to them, and more than half of mothers have experienced a deepened attachment through breast-feeding their babies. And mothers are, in the great majority of cases, their children’s primary caretakers, especially during their early years. All connections between caring, non-abusive parents and their children are so important as to be almost sacred, but there is usually a particular quality to the mother-child bond. That life-giving and sustaining connection deserves the full support and admiration of communities and nations.
And just as there is a special beauty and importance to relationships between mothers and their children, there is a special and extraordinary cruelty in the abusive man who attempts to break or weaken the mother-child bond, whether by turning children against their mother, by harming the children physically, sexually or psychologically, or by attempting to take custody of the children away from her.
Children need protection from their abusive parents. In the realm of custody litigation which involves abuse, the abusive parent tends to be the father while the protective parent is usually the mother, because most perpetrators of domestic violence and of child sexual abuse are male. We don’t know that much about what happens to protective fathers, since their cases are much less common, but we know that protective mothers frequently encounter a system that is insensitive, ignorant about the dynamics of abuse, and biased against women. In this context, mothers sometimes find themselves being forbidden by the court from protecting their children from a violent, cruel, or sexually abusive father. And this outcome is a tragic one, for children and for their mothers.
On behalf of the hundreds of people across the continent who are currently working for family court justice, I want to communicate to you our caring and solidarity with the challenging road you have ahead of you, as you fight to keep your children safe in body and soul. I want to let you know how critically important we believe that project to be, and how much your children need you to stand up for their rights and their well-being. You deserve admiration, not criticism, for the courageous risks you are taking on their behalf, and for your determination that all of you should have the opportunity to live in freedom and kindness.
Our society is currently giving mothers a powerful and crazy-making mixed message. First, it says to mothers, “If your children’s father is violent or abusive to you or to your children, you should leave him in order to keep your children from being exposed to his behavior.” But then, if the mother does leave, the society many times appears to do an abrupt about-face, and say, “Now that you are spilt up from your abusive partner, you must expose your children to him. Only now you must send them alone with him, without you even being around anymore to keep an eye on whether they are okay.”
What do we want? Do we want mothers to protect their children from abusers, or don’t we?
The sad result of this double-bind is that many mothers who take entirely appropriate steps to protect their children from exposure to abuse are being insulted by court personnel, harshly and unethically criticized and ridiculed in custody evaluations and psychological assessments, and required to send their children into unsupervised contact or even custody with their abusive fathers. And sometimes these rulings are coming in the face of overwhelming evidence that the children have both witnessed abuse and suffered it directly, evidence that would convince any reasonable and unbiased person that the children were in urgent need of protection. Family courts across the US and Canada appear to be guilty day in and day out of reckless endangerment of children.
Fortunately, there are also many women who do succeed in keeping their children safe post-separation. Some manage to persuade judges to grant the mother appropriate right to keep her children safe. Others lost in the early stages but do better later, as the abuser finally starts to show his true colors over time. Some women find that they succeed best by staying out of court, and using other methods to protect their children, such as waiting for the abuser to lose interest and drop out, or moving some distance away so that he will tire. Some women find that what works best is to focus on involving their children in supportive services, connecting them to healthy relatives, and teaching them to think critically and independently, so that they become strong children who see through the abuse and manipulation.
There is no formula that works for everyone. What strategies will work best for you depends on what your local court system is like, how much support you are receiving from friends and relatives, how much internal strength your children have, and how much (or how little) damage the abuser has already succeeded in doing to your relationships with your children. And each abuser is different. Some, for example, can be placated if they feel like they have won, and will gradually drift off, while others will never be satisfied with anything less than completely alienating children from their mother. Lawyers can advise you on court strategy, therapists can share their insight into children’s injuries and healing processes, but ultimately you have to rely most on your own judgment, because you are the only expert on the full complexities of you specific situation.
As you make your way ahead, I hope you will put a high priority on taking good care of yourself. Seek out kind, supportive people who are good listeners. Nurture your friendships and family relationships. Try to step through the stress long enough each day to spend some time showering your children with love if they are with you, and make sure to play with them, not just look after their needs. Notice what you have already done well, as a parent and as an advocate for your children. Give yourself credit for your own strength, and celebrate the fact that your mind is getting free of the abuse, even if your children are not free yet. Cry out your sorrows when you need to, sob into a pillow behind a closed door so you won’t upset your children, but do sob, because your heart needs the cleansing relief of those tears. And then build on your strengths and accomplishments to keep fighting.
I wish the “justice system” dispensed justice, but where it comes to child custody litigation involving abusive fathers, outcomes are mixed at best. With adequate knowledge and planning, and especially if you are among the fortunate mothers who are able to obtain competent legal representation from a lawyer who understands what abusers are like as parents, you may be able to keep your children on the path to healing. If your case goes poorly, there are still ways that you can help your children feel your love and support surrounding them, and give them the strength to survive their father’s destructiveness. But regardless of the outcome you experience personally, you might want to keep the following points in mind:
- The custody system in the US and Canada is broken. You are not the only person who has experienced unhealthy and biased responses, and you are not the crazy, paranoid, vindictive person they may be painting you as.
- Other women need your help to change that system, so that protective mothers start receiving proper respects for their rights and their children’s rights.
Depending on where your own case stands currently, you may have trouble imagining any involvements right now beyond your day-to-day survival, and your efforts to keep your children functioning. But involvement in social change efforts is not necessarily separate from personal healing. Many women have found that when they become active in the protective parents movement, raising their voices loudly for the custody rights of mothers who have been battered or whose children have been sexually abused, their own healing leaps forward.
Breaking down personal isolation sometimes goes hand in hand with breaking down political isolation. So I offer suggestions here not only for ways to carry on your own fight, but also for avenues to join forces with other women (and male allies) who are working for social justice, so that protective mothers and their children can stop being torn apart.
I want to express my personal gratitude to you for your efforts to protect your children from abuse, and to raise them into caring, kind, humane values. The whole world benefits when you fight for your children’s rights, and for their freedom.
Protective mothers are some of our society’s most invisible and most important heroes, even while they are treated so often, in a bitter irony, as villains.
FOR THIS ARTICLE AND OTHER GREAT LINKS - CLICK HERE
Labels: abusers, abusive fathers, child custody, co-parenting, coparenting, family court, mothers, narcissist, parental alienation, psychopath, sociopath, visitation
Thursday, February 08, 2018
Splitting
Protecting Yourself While Divorcing a Borderline or Narcissist
Publisher: Eggshells Press;
by William A. Eddy, forward by Mike Roe
SPLITTING is designed for anyone facing a high conflict divorce, whether or not your spouse meets the criteria for a Borderline or Narcissistic Personality. Its explanations of WHAT TO EXPECT in Family Court and WHAT TO DO to protect yourself and your children, can be used by anyone, including your attorney, your therapist, your family and others involved in your case.
I wrote SPLITTING after ten years as a divorce attorney representing many fathers (and mothers) whose spouses appeared to have Borderline or Narcissistic Personality Disorders or traits. Since I had been a therapist for the previous decade, I recognized these personality problems -- but I did not realize at first how successful they can be at manipulating and confusing legal professionals.
Rather than being rational and protective, the Family Court process can be very unpredictable and inadvertently encourages false allegations, aggressive and sometimes violent behavior, and intense blaming of the Non-BP or Non-NP spouse. Many Nons have been unable to protect themselves and their children from abuse by the BP or NP, and instead have found themselves experiencing restraining orders, supervised visitation, financial sanctions and even incarceration, because the courts are often more persuaded by the intense emotions and blaming behavior of a Borderline or Narcissist, than by your honest presentation of the facts. I call them "Persuasive Blamers."
This book explains how the Family Court process interacts with these Persuasive Blamers, and summarizes the lessons I have learned, including: the importance of careful preparations before announcing the divorce, using therapists and experts, avoiding short hearings on important issues, fighting hard at the beginning rather than trying to fix bad decisions later, and how to work most effectively with your attorney.
--William A. Eddy, Licensed Clinical Social Worker and Certified Family Law Specialist
Only Available for Order by Clicking Book Image Above
Labels: blamers, borderline, divorce, family court, narcissists, psychopath, tactics
Sunday, November 05, 2017
FAMILY COURT REFORM
from ONE MOMS BATTLE
You can also adjust the letter and mail to your local media outlets. Currently, FOX News is spotlighting the crisis in our Family Court System. This crisis ranges from complete corruption to lack of education on high conflict divorces. It takes a village to make changes to a flawed system and I ask for your help in making changes to our Family Court System. The first step in making change is education. - Tina Swithin
Where to write:
- U.S. Senators (web sites and mailing addresses)
- Write Your U.S. Representative (A service of the House that will assist you by identifying your Congressperson in the U.S. House of Representatives and providing contact information.
- U.S. Supreme Court: Contact Information – US Supreme Court
- To contact your local FOX News, please click here.
Dear (Senator/Congressperson/Justice...),
Re: The Family Courts of America,
The Family Court System has lost sight of their primary goal: to protect our children. The courts are too focused on being quick and fair with 50/50 custody splits instead of focusing on what is best for the children. This isn’t about Mothers’ Rights or Fathers’ Rights- it is about the rights of our children to live in a safe, healthy and nurturing environment.
I dispute the notion that an individual should have “rights” just because they donated sperm or gave birth. Because someone has the ability to procreate shouldn’t automatically give them parental rights. Every child in America has the RIGHT to be safe, loved and protected. The child’s rights should supersede any parental rights.
Our appointed Judges and Commissioners are not taking the time to properly evaluate child custody cases. They are too focused on moving the cases through the courtroom like cattle. I feel that our Judges, Commissioners, Mediators, Family Court Workers and Attorneys need to receive ongoing education about high-conflict divorces, narcissistic personality disorder and other personality disorders. The time to become educated starts now. The system has failed Susan Powell and her young sons, Charlie and Braden in a tragic way. I ask for changes before it fails countless others.
It takes a village to raise a child and it takes a court to protect a child. Our hands are tied by your broken court system. Please implement changes to your system beginning with ongoing education for every person who has a hand in deciding the fate of a child. Our Judges and Commissioners need to be educated in Narcissism and other personality disorders so they can properly do their jobs.
I greatly appreciate your time and attention to this serious matter. It is my goal to ensure that children’s rights are placed as a top priority in courtrooms across America.
Sincerely, XXXXX
Please include the following information at the bottom of your letter: Name, address and phone number along with signature. ###
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Labels: children, divorce, family court, narcissism, narcissist, one moms battle, parenting, protection, psychopath, reform, sociopath, tina swithin
