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Can Family Courts Replace Criminal Courts in Cases of Child Custody?

As our society has moved from traditional divorce processes being “No Fault” legal action, Family Court Judges have been placed in the position of having to decide matters involving

Fault. High conflict divorce litigation often involves complaints of a criminal nature when the reason for a divorce is motivated by physical, sexual, emotional abuse. Family courts and Family Court lawyers are not equipped to deal with matters of evidence production and submission or the explanation of how and why the behavior in a given abuse situation constitutes a crime.

Family Court judges have been compelled to take on the responsibility of making decisions about such matters as what constitutes pornography, what constitutes grooming behavior as associated with child sexual abuse. Issues of interpersonal violence  include behaviors designated as “coercive control”. The term Coercive Control has become part of technical literature in the study of domestic violence behavior. Language that may appear to be vague, subject to interpretation by a Family Court judge in fact is an aspect of evidence production and submission to the court. Dependence on experts to interpret and explain behaviors and motivation to judges has become a staple of family courts, however, the ultimate decision process lies with judicial discretion, the judges opinion.

Clinical investigation and extensive research consistently indicates that intimate partner crimes of a violent and obscene nature are more likely to take place between family members.

A closely held opinion in custody litigation is that subjects in divorce, custody litigation falsify, and exaggerate claims to secure an advantage with the court. Litigants with a significant charge are immediately met with a degree of suspicion not present if the same acts were charged as crimes between strangers. This bias exists throughout the criminal justice and child welfare systems and leads to decisions that preclude investigation and result in multitudes of injury and death. The suspicion of manipulation to gain an advantage, which may be present in some circumstances  is unwarranted. Clinical investigation and extensive research consistently indicates that intimate partner crimes of a violent and obscene nature are more likely to take place between family members because of access and an environment that assumes a basic level of intimacy and trust. The reversal of that argument -” he/she would never do that”, suggests a level of naive denial or basic revulsion when faced with a preponderance of evidence and information that suggests the existence of obscene and revolting crimes are far more likely to take place between individuals who have access, proximity and privacy, as is the case in domestic relations. For all of the reasons stated, family court is not the venus capable of making competent decisions related to causes of action that involve complaints of a criminal nature.

Divorce Complaints Involving Domestic Violence And Child Abuse

Fault divorces are for the purposes of this article discussed as probable cause for divorce based on the fact that there is a perpetrator of harm  The violence that stems from physical assault, or gas lighting, coercive control or other forms of violent communication are no less significant causes of action than acts of violence that occur between strangers.  If a woman or child is groped on a subway, or is subject to viewing a lewd act, there is a public outcry and a criminal complaint. The actor of assault or lewdness is arrested, charged and prosecuted. In the course of similar, or worse, family offenses, the offender is more likely to receive custody, all marital property and child support.

There appears to be a fundamental legal, intellectual, and moral disconnect when it comes to grappling with the revulsion which appears to attach itself uniquely to dealing with heinous crimes,  intimate partners and children. It is unclear as to whether the nature of the ubiquitous see no evil, hear no evil position of all too many courts across the country, attaches to the pathology of charismatic, alluring perpetrators of heinous family crimes or to the revulsion to an emotional / intellectual denial when reasonable people are faced with crimes of a horrific magnitude.

The revelations of Forensic Science crime investigation into psychopathic personality disorders do not appear to migrate into the consciousness of family court actors.The awareness and insight that should be associated with the unmasking of crimes committed by serial killers among us, such as Ted Bundy, the charming handsome young lawyer, appears to have no impact on the fund of information related to personality and character disorders. The disconnect from an awareness that human beings present complex personality and motivation scenarios presents a significant challenge when dealing with litigation involving the suppression of evidence related to the commission of crimes.

The resolution that appears to have been comfortably arrived at by the courts is an accommodation of No Fault / Fault divorces in the form of splitting the difference  within each litigation that finds one party guilty and the other party innocent. To the successor goes the spoils and the successor in current prevailing social norms means the party who possesses the preponderance of ongoing, renewable, disposable wealth, associated with power connections.

The junk concept of Parental Alienation has captured the interest of the legal community because it presents the challenge of a litigatable argument.

The meteoric rise and popularity of the junk concept developed by Richard Gardner MD conforms to the glib, the psychopath and accommodates to the litigation skill of arguing both sides of an argument with the goal of total obfuscation of the central issue – assigning guilt to the correct party. High conflict/divorce litigation has been too frequently written off as a “he said/she said”, non fact based circular argument. This premise is empirically incorrect as is demonstrated when cases presented where complaints of family violence and custody litigation are central to the causes of action. These cases are thoroughly capable of yielding clear and convincing hard evidence if the participants in litigating and evaluating these cases are true to their professional skills, scope of professional competence and loyal to fiduciary responsibility.

The junk concept of Parental Alienation has captured the interest of the legal community because it presents the challenge of a litigatable argument. The question posed is,  did the crime that the victim accused the parent of committing actually take place ? The formation of a litigatable issue in the context of a divorce / custody, court context becomes a no brainer for opposing sides to dispute. The challenge becomes access to legal, forensic  talent that is not subject to purchase by the highest bidder when stakes for culpability are at risk. Further the challenge to every area of oversight in all professions associated with and impacting on multiple facets of crime, punishment, policing must be placed on notice for consequences of failures of fiduciary responsibility..

The Need To Control The Narrative In Court Litigation

For the purposes of this article, we are looking at marriages in which there is implicit serious personality pathology, leading to the presence of hidden secrets, mental illness, violence, addiction, excessive need to control and manage the family narrative. The tipping point of danger appears when one partner seeks to disrupt the balance that has sustained the relationship and contains family secrets. Issues related to financial management and control are often expressed in terms of control of custody. Children become a bargaining chip in directing the narrative of defining who is the best parent, or which parent controls the narrative of the family dynamic and family secrets. In this context the issues of “best interest” are dictated by who controls the narrative and who controls the children, what the children say really went on in their household as per a need to escape from an abuse.environment.

In the context of crimes against children, hidden, suppressed, denied, the new era of “do not believe your lying eyes” has reached a new iteration. The crimes brought to court, testified to, witnessed by multiple credible reporters are now litigated as “if crimes of sexual, physical, emotional abuse did not exist. The argument has become that the victim “misperceived, misunderstood what took place”, if the act took place at all. The inference placed before the court is that acts of harm and abuse are in fact the confabulations of “the other partner”, seeking to manipulate and control the thoughts, feelings and expressions of children subject to varying levels of harm.

The Hired Gun Evaluator Has Taken The Place Of The Lie Detector In Family Court Litigation

The fight for control of the narrative has evolved from fact and evidence to mind control through arguing the fundamental source of thought and perception. The path of litigation has become having others speak for the primary subjects and to question their veracity based on maladaptations of character and personal psychodynamics. The professional evaluator has taken the place of the lie detector.  The manipulations of subliminal advertising used to manipulate thoughts and attitudes via neurological stimulation of brain impulses through suggestive imagingl is a new level of influence, outside of conscious control of the subject.

The coercive methods now used in “Reunification therapy are an evolution of the  surgical, electric shock therapy and use of psychotropic drugs. Child subjects relate an emotional state of forgetfulness and confusion best described by victims of date rape drugs like Rufinal. Adults familiar with Military procedures dealing with enemy combat have described the evolving techniques of “reunification therapy” as a version of MK Ultra mind control techniques.

Persuasion on an unconscious level, Polyvagal therapy, another form of brain stimulus mind control,  outside of the subject’s conscious control is a method that is attempting to replace psychotherapy. Analytically oriented psychotherapy is  a method that seeks to enhance insight and autonomy. The surgical techniques of lobotomy, the use of aversion therapy to unconsciously alter intimate personal identity and autonomy of thought, are acts of autocratic control used to suppress, or distort  evidence of crimes, by obliterating the consciousness of crimes committed. The silencing of child victims through the use of unmonitored, unlicensed programs, Is nothing less than massive malpractice. The courts are forcing isolation of child victims isolated by court orders, prohibiting any and all contact with anyone other than an accused abuser constitutes a new level of unconscionable child abuse.

The methods of those who seek to remove children as witnesses to crimes or subjects of crimes or, continuing victims of crimes, seek to maintain their subjects in isolation, under control and under threat of ongoing punishment to the subject child.  if such children attempt to flee or seek help from within the captive environment, methods to pursue and capture children through the FBI, Amber alert system, or local police signals known as Silver alerts create major obstacles and dangers for children and parents seeking escape from a well organized abuser. These forceful measures to implement Sua Sponte and IPSE Dixit Judicial Orders – Of the Moment – Because I say So orders are frequently implemented by judges engaged in unlawful, spontaneous custody transfers ( Herzog – Middletown, Ct., Silver Alert – Fri. May 7, ,2018 at 4:30 PM)*

The substantiation of  facts, the credibility of witnesses has become a subject of litigation and court process  shenanigans. If we can litigate the crime out of existence, then the questions of culpability becomes moot as the abuser is exonerated and the Protective Parent is punished out

The Weaponization Of The Concept Of Parental Alienation

For the new generation of parents fleeing an abusive marriage, there is a challenge to their attempt to receive equitable treatment before the Juvenile, Dependency, and Family Courts That challenge is defined in terms of the weaponization of the junk science concept of Parental Alienation  as it originates from the theories of Richard Garner, MD. The Gardner Parental Alienation concept states that a very small sample of complaints of sexual abuse, lodged by children or protective parents are true. We suggest that in fact, a much larger portion of the population exists who have experienced molestation and or sexual assault, than actually come forward in reporting.. We suggest that the junk concept of PA is being used to maliciously cover crimes against children, to subvert prosecution of crimes, and to transfer children into the hands of abusers as part of custody settlement where there is a  financial motive and or benefit. Motivations related to revenge and spite are also to be considered.

The utility of the PA concept is evident  through the creation of the mass market created by the proliferation of Parental Alienation evaluators and subsidiaries of therapists, parent visitation supervisors and now the additional programs associated with reunification programs. Concepts have been moved forward, developed into a Cottage Industry of what the FCVFC calls “Predator Professionals”, encompassing court actors who formulate a false narrative, develop a crippling litigation strategy, that proves  supports the false narrative and brings Protective Parents to their knees.

The “Rapid Response Team of transporters associated with reunification programs come as armed guards to collect and remove children from their homes, if need be, by private planes across state lines – to Utah, Montana and California. The actions of  child removal specialists, those professionals who through the services of the connected lawyer and colluding court actors – Guardian Ad Litem, Evaluator, ‘therapists, “reunification” programs are in place at the onset of custody litigation to navigate and insure the direction of custody from a Protective Parent into the hands of those who will silence and suppress any form free speech or communication with a rescuing outside world. Those Court actors who have been appointed by judges, enjoy qualified immunity and live under the illusion of  immunity from prosecution act with reckless abandon. They engage in practices that can only be described as racketeering, witness intimidation, at multiple levels, and suppression of evidence. These court actors, in their professional roles delegitimize legitimate complaints, consolidate gains by isolating children from their protectors, breaking their spirits, deepening their despair for hopes of rescue.

These children have a choice – adapt to their surroundings, become people far different whom they were raised to be, or die. The path to rescue for too many of these children does not come quickly enough to mitigate the suffering they have endured and “treatment” is not directed to the benefit of the child, but to the cover-up of the crime(s) as the actions taken to cover-up the abuse suffered would in fact be deemed as criminal offenses if litigated in a criminal court. The crimes committed by the Predator Professionals  would be litigated under the causes of actions related to witness tampering, witness intimidation, suppression of evidence and would lead to further litigation under 1983 /1984 Civil Rights action for racketeering.

Sua  Sponte – Your Financial Security  Is Gone And So Are Your Children

And exactly how do the forces behind, alongside, promoting this type of organized, prefix litigation strategy insure payment for this immensely expensive plan of action?  They have access to your Case Information Statement, Your Taxes, Your Bank Statements, Your Credit Reports, so that your income and assets are their fees – short term, interim and long term.

The scheme of litigation set to defraud Protective Parents out of their funds, making them incapable of protecting their children begins before the parent sets foot in court. The assessment is made as to who gets what and for how much is established with the first look at the Case Information Statement. Very few, if any Protective Parents facing Custody Litigation defending against abuse that should rise to a criminal statute level of abuse have any idea as to what they are facing.They hope that through cooperation with the process the court will come to understand the truth of the situation being litigated.

Well socialized, law abiding, rational people are not equipped to deal with the corruption or the depravity that defines every step of the process.  The major problem is that the faith in the system creates an environment that warning the naive victim tends to be a useless proposition.

Onl when the Protective Parent tends to  already be in trouble is there a beginning awareness that all is not well. Finding resources to provide authentic rescue is critical, as is a full understanding of the court dynamic and the means required to assert confrontation of fraud.

Barreling Toward  Bankruptcy Via Family Court Orders – Stop The Madness

Who among us have ever signed a blank check and given it to someone recognized as a very serious adversary, an adversary who has control over not only your life, but the life of your children.  Such is the circumstance of Protective Parents facing false allegations before family court judges. Judges can appoint, or force the appointment of evaluations and evaluators with whom the Judge has a preference. An assessment of this situation is a critical juncture as the first of many decisions as to which battles to pick. Recusal of a judge who improperly controls the submission and presentation of evidence in the case is critical where there are early indications of bias or any form of malfeasance. Litigants cannot sit back and allow lawyers to run their case. They must be informed, engaged and focused on consistency of position in communicating the message of protecting children. They must not allow lawyer driven conferences and ex parte meetings. They must peruse transcripts and question every decision and every direction. The automatic submission to court orders and direction is never advised. Where there are moments that one must  cooperate, that is a decision, often of the moment, in the interest of necessity but then, one must figure out the next steps

The Solution To What Is Not A Lost Cause

In courts across the country we are seeing mass disenfranchisement of Protective Parents seeking to defend vulnerable children from absolutely true and accurate charges of despicable, unconscionable abuse.  The ascendance of duelling lawyers, hired gun experts and pay to play court actors line up behind the power of the purse.

The fact that citizens must seek legal representation which has become totally beyond financial reach of the vast majority and that courts provide little or no assistance to litigants who act as their own lawyers, with little to no assistance from courts is itself a national disgrace. What is worse is that subjects who illegitimately lose children to an abuser internalize the shame and humiliation placed on them by the unwarranted derisive projections of court actors who seek to justify and hide from the guilt they are incapable of experiencing. We are facing Juvenile, Dependency and Family Courts that are incapable of protecting children because the court system in place deals with custody litigation through backroom negotiations between bidders. The lies and larceny on parade for a court record (transcripts) that no one can afford to purchase, to appeal is too often the product of a back room production meeting orchestrated in chambers, minus the litigants.

What Can We Do In The Future?

The population of Protective Parents must recognize the illegitimacy and fraud being perpetrated by those who betray their fiduciary responsibility to their clients and refuse to defend against a false narrative by asserting claims to be brought and litigated as crimes in criminal court.

Protective Parents must understand the diagnostic framework related to the seriousness of the  personality or character pathology, or addiction driven behavior of the subject abuser.They must not allow themselves to be dealt with as an equal in the equation taking joint responsibility wit the accused abuser.

Cases of high conflict divorce, driven by crimes against must not be allowed to have accusations of abuse minimized or misrepresented via suggestions that the subject victim “misunderstood or misperceived the abuse to which they were subject.

Tampering with reality testing is a crime in itself which should be prosecuted.

The protections of the legal process must be held accountable, removed from court adjudication as clear bias and malfeasance can be documented.

Litigants must become educated as much as possible in all aspects of procedure and court rules. They must become alert to actions and decisions that do not make sense, are counterintuitive, or suggest any form of threat or coercion.

Dropping Protective Orders or Restraining Orders or Arrest warrants issued against a perpetrator in order to provide the appearance of acting in good faith or securing the good will of an accused abuser is never recommended. If an abuser wants to act in good faith, express good will, there should be no quid pro quo The victim has a right and an expectation of justice and freedom from abuse or retaliation.

If you have a child who has been assaulted and abused, negotiations and settlement with a perpetrator who has inflicted harm must be in the direction of securing absolute protection of the child and not insuring an enduring relationship of the child with their abuser.

The Foundation for Child Victims of the Family Courts recommends seeking the advice of a Forensic, interdisciplinary team to evaluate, formulate intervention plans, short term and long term. The evaluation of damages incurred, to all parties in the midst of a corrupt litigation proceeding is a critical part of closure, not only for the immediate subject family, but to protect future children and families from similar abuse by corrupt court actors.

A New Evil To Combat

Crimes against children as a unique, unprotected, disenfranchised group in society who do not wield the power of money or the vote are truly the largest and most easily targeted victims in modern day society. Children are subject to the vile abuses of foster farming through government agencies whose endless, unremitting crimes have not yet begun to be addressed.

The failure of police and judicial authorities to protect children who are homeless, trafficked, afflicted by poor implementation of child labor laws continue as a blight on our social character.

The latest, far reaching, deeply penetrating, venal fraud perpetrated by the explosion in the proliferation of the psychopath community who live unrecognized and undaunted among us, is the weaponization of the junk concept of parental alienation to include reunification  programs. The addition of the programmed punishment of those who seek to defend themselves against abusers who com This is a concept that has been developed and promoted by that genre of criminals who are well educated, licensed to destroy. For each victim, the exponential reach of their crimes should be calculated in the geograms created by public health models tracking infectious diseases. The impact of each victim seized and transferred into the hands of an abuser must be measured by multiple generations.

The names of perpetrators of crimes against children and Protective Parents,  lawyers, evaluators, therapists of all forms of parenting police, must be prosecuted, their crimes exposed, published and litigated their spoils removed. Further, deep and profound study of the genesis of the motivation for the evil doers, understanding of their neuropathology, their personal histories and lineage must be pursued so that which has not been resolved will not be repeated.

Most important, Protective Parents must be laser focussed, fierce and indomitable in the face of  circumstances that induce fear and trembling. Every case in which a child is transferred into the custody of the abuser via the collusion of corrupt court actors the fate of unknown numbers of children are at risk and our society is weakened. Protective Parents faced with false accusations against them and attempts at suppressing evidence of crimes against their children, the prospect of having their children transferred into the hands of their abuser, must never seed ground to the opposition. They must control the narrative, stand firm on the facts, remove from positions of authority any court actor, including the judge, from  presiding in the case.

Staff of the FCVFC can be contacted for consultation. Our Forensic teams are available for engagement to address the scourge of increasing court corruption advanced by the latest threat of forced removal of children to unlicensed, Reunification programs. These programs  have been described as using MK Ultra military techniques involved in mind manipulation and brainwashing terrifying Protective Parents and children, emboldening perpetrators of crimes and enriching court appointed predator professionals. Causes of action being explored involve the ability of child victims of family predators to be assisted in their ability to sue their abusers for damages, to alter the balance of power and restore safety to victims of family violence. The discrediting and suspicion of claims asserted by family members in litigation must be viewed with the same respect and accord as stranger violence.


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