This article appeared here:
http://www.opednews.com/articles/How-lawyers-manipulate-doc-by-Anne-Grant-110327-242.html
A 12-year-old sent his mother this note three years after he last saw her:
When soldiers are ordered to "take no prisoners," it means to annihilate their enemies. Physicians who vow to "do no harm" step onto a treacherous path when they sell their expertise to lawyers trained to take no prisoners in adversarial lawsuits.
For more than two decades, I have researched domestic abuse custody cases in Rhode Island Family Court, trying to understand how this publicly financed process crushes children and families. In many of these cases, lawyers, who are officers of the court, have manipulated clinicians. (Below I am naming only those lawyers and physicians specifically responsible to protect children.)
First Case: At Hasbro Hospital's Child Protection Program (CPP), Providence, Rhode Island, in 1997, a 6-year-old girl sat rigid, a blanket over her head. Children often try to disappear when life gets intolerable.
The girl's father had a documented history of aggression against his first two wives and their children. This child, the youngest, showed symptoms of sexual abuse. CPP Director Dr. Carole Jenny reported: "There is no doubt in my mind that some event happened because of the child's clear and consistent disclosure."
The father harassed those who tried to help his families: a security guard, social workers, therapists, teachers, pastors. He bullied a Providence Journal editor. He took aim at Kevin Aucoin, chief legal counsel at the Department of Children, Youth and Families (DCYF), for not responding quickly enough after the father appealed DCYF's findings against him. When he threatened to sue, Aucoin needed Dr. Jenny to revise her assessment.
She listed warning signs in the father's behavior, then minimized them in a summary of court documents. Her new "forensic review" freed the father to demand possession of his children. He held them for thirty months, until the eleventh Family Court judge to hear the case denounced his behavior in 2003 and sent the children home to their mother with damage that has not yet healed.
Second Case: In March 2006, attorney Lise Iwon began writing letters to the CPP about a case in which she purported to be a neutral guardian ad litem. She secured an astonishing report from Dr. Nancy S. Harper at CPP. Instead of medical information, Harper's report glibly summarized court documents Iwon had provided, repeating the conjecture, hearsay, and biased rhetoric in the father's defense strategy.
Harper's supervisor, Dr. Jenny, never saw or signed off on her CPP report before Iwon whisked it off to the judge who ordered DCYF to remove two young girls that day from their mother for a "psychiatric evaluation." Police arrived with a social worker to take them from their schools into "temporary" custody. The children remained in foster homes and a shelter at taxpayer expense for more than sixteen months before the state awarded the younger girl to the father she had accused of sexually assaulting her; the older girl went to yet another foster home.
Scores of neighbors, teachers, and others wrote letters attesting to the mother's superb parenting, but Iwon never interviewed them. Dr. Jenny told me the mother's behavior sounded "bizarre" but candidly admitted she herself might seem bizarre if she believed her children were in danger.
Third Case: A German father, head of a vast multinational corporate empire, retained several law firms in the U.S. and Germany to retrieve his two American sons after his estranged wife brought them here to her parents for one to have surgery in 2007.
The mother told me she had confronted her husband in Germany with evidence that he was sexually abusing their sons. She said she had walked in on this happening and found disturbing photos on a laptop computer her husband had given her. She related that her sons had pointed out a store where their father got hardcore pornography. They allegedly told her that he forced them to watch it and act it out.
The father hired a former U.S. official (at $700 an hour) as one of his lawyers, who reached out to Family Court Chief Judge Jeremiah S. Jeremiah, Jr., and paid the chief's assistant David Tassoni over $2,300 to help. The father's attorneys met alone in chambers with U.S. District Judge William E. Smith and intervened to end the involvement of Family Court, DCYF, and the FBI. They secured attorney Sharon O'Keefe, who had been assistant child advocate in Rhode Island, to serve as guardian ad litem.
O'Keefe contracted with Dr. Jenny to evaluate some of the father's photographs and a stack of German legal documents with apparent translations. O'Keefe's bill exceeded $13,000, including at least $2,000 to be paid directly to Dr. Jenny.
O'Keefe hardly talked with the boys, and Jenny never met them. Both concluded they saw no evidence the father was a pedophile. Judge Smith gave the boys and their American passports to their father, who took them back to Germany in April 2007.
Judge Smith ordered the father to give the boys plenty of time with their mother. But she has not been allowed to see or communicate with them since 2007. On Mothers Day 2010, one son wrote a plaintive note asking why "these people" would not at least let them Skype her.
It is troubling that Dr. Jenny never talked to the boys, who might have helped her interpret the photos. Nor did she demand an independent search of the hard drive by state police who are trained and equipped to examine electronic evidence of child pornography--and who do not accept private payment for their services.
In January, I wrote expressing these concerns and asked Dr. Jenny to improve CPP's protection of children by:
~Establishing ethical standards that forbid CPP staff to produce reports for private clients in litigation without a full investigation into the family's history;
~Making a complete inventory of past reports produced by CPP or its staff to see how these have been used in litigation and to examine the outcomes for children; and
~Providing CPP staff with training in domestic abuse, coercive control, and the symptoms of post-traumatic stress disorder (PTSD) that clinicians need to recognize in protective parents who may seem "bizarre" in their appropriate efforts to protect their children.
Clinicians must recognize the pitfalls when officers of the court reach out to them. Lawyers are hired to zealously represent their clients, no matter who gets hurt. Doctors trained to "do no harm" are easy prey for them; children suffer the consequences.
Notes
In order to protect children's identities, I am referring only to case numbers.
First Case: P92-4797 in Rhode Island Family Court; Carole Jenny, MD, signed the Child Safe Clinic #0629-23-38 report of January 14, 1997. After an extensive sexual abuse assessment by St. Mary's Home (April 16, 1997), DCYF sent a letter (April 18, 1997) to notify the father he had been "indicated." He appealed and a year later threatened to sue DCYF and its senior counsel Kevin Aucoin for failure to schedule a hearing. DCYF asked Dr. Jenny to review her records. Her report (July 29, 1998) was followed by a revised DCYF report (August 6, 1998), and Aucoin's motions (August 6, 1998, etc.) to launch an expedited trial. DCYF investigator Edward J. O'Donnell sent a letter (August 18, 1998) to the father stating that the findings against him "are hereby overturned . . . pursuant to . . . a forensic review of the investigation and all associated material conducted by Dr. Carole Jenny" (DCYF Administrative Appeal of SCR 425142 I/6).
Second Case: N04-0106 in Rhode Island Family Court and 1676-86-32 AC 000119896231 at Rhode Island Hospital. The court file, which is now sealed and presumably held at the Rhode Island Supreme Court, contains Lise Iwon's Motion (March 31, 2006) regarding her communications with Nancy Harper, and Iwon's Motion (April 5, 2006) asking to release clinical reports and court documents to Harper, whose report (March 21, 2006, signed April 5, 2006), shows that Harper already had those documents. I interviewed the mother and secured documents from her and the court file until Judge John Mutter imposed a gag order forbidding all parties to disclose anything further about the case and sealed both the divorce and DCYF files, on or about August 16, 2007.
Third Case: 07-46S in the U.S. District Court for Rhode Island, which holds transcripts, including the ex parte chamber conference of January 31, 2007, and court orders, including the decisive order of March 28, 2007; Jenny's report to O'Keefe (March 15, 2007); and the father's documentation of payments to Tassoni and others. The mother provided scores of documents, including the rental list from the German video store (October 2005), an initial DCYF report by Paul Ventura (January 31, 2007), O'Keefe's bills (March 12 and 28, 2007), hundreds of photographs from the laptop, and her son's letter (Mother's Day 2010).
Anne Grant writes several blogs about legal abuse in custody courts and wrote a chapter for Domestic Violence, Abuse, and Child Custody: Legal Strategies and Policy Issues, ed. Mo Therese Hannah, PhD, and Barry Goldstein, JD (Civic Research Institute, 2010).
Most scams, such as sub-prime mortgages and email scams, victimize adults. But custody scams victimize children. When government fails to protect children it throws open the doors to private contractors—lawyers and clinicians—who enrich themselves at the expense of children. (More about this child and the mother who tried to protect her appears below.)
Sunday, April 3, 2011
Friday, March 18, 2011
The tactics and ploys of psychopath aggressors in the family law system
This important article was posted here:
http://www.childrenwebmag.com/articles/child-care-social-issues/the-tactics-and-ploys-of-psychopath-aggressors-in-the-family-law-system
Tuesday, March 1st, 2011 by Charles Pragnell
In the twenty years I have been advising parents, children, and their legal advisers in several hundred cases in Family Law matters, I have often been asked, “Why is it that children are so often ordered to have contact with, and even into the custody of, parents who have abused them and have perpetrated violence against their partners.”
The answer to this question is not simple and involves an examination of the requirements of Family Laws which stress the importance of children having both parents in their lives after parental separation, the dynamics of legal processes, and the often very clear gender biases of the principals involved in judicial processes.
But one of the most outstanding and consistent features of proceedings involving the care of children post-separation are the conduct and behaviours which can be identified as clearly fitting the definitions of psychopathy/sociopathy.
The major personality traits of the psychopath are supremacy and narcissism. The afflicted individual must be in complete control of their environment and all persons who are a part of that environment or can serve the psychopath’s purposes in maintaining control.
The psychopath is capable of using both aggressive anger and passive anger with cunning and guile, to achieve their goals of exerting control. Examples of such contrary behaviours are the aggressive violence against intimate partners, with the frequent inherent abuse of children, designed to groom friends, relatives, and professionals into believing they are harmless and indeed very stable and friendly. If thwarted in attaining these goals, however, the passive can quickly turn into the aggressive.
In furtherance of these traits, the major tactics and ploys of the psychopath are:
1. denial of wrongdoings in the face of clear evidence;
2. refusal to take responsibility for behaviours and actions;
3. minimisation of the incident and consequences;
4. blame being placed on others;
5. misrepresentation, fabrication, embellishment and distortion of information and evidence;
6. minimisation of all information and evidence regarding wrongdoing;
7. claims of victim status, alleging the victim was the aggressor;
8. projection of their own actions and behaviour onto the victim; e.g. she abuses/neglects the children/ she is an alcoholic or drug abuser. This is based on the belief by the psychopath that attack is the best form of defence.
The grooming of friends, relatives, and professionals is very clear in many cases, and in particular some psychiatrists, psychologists and family evaluators/reporters have been hoodwinked by such tactics and ploys by the psychopathic individual. Their reports, of course favouring the psychopath, have very considerable influence on the Courts and their determinations. Very often clear evidence of intimate partner violence such as convictions, Domestic Violence Orders, Apprehended Violence Orders and Restraining Orders against the psychopathic aggressor and medical evidence of injuries suffered by the adult and child victims are ignored or dismissed as irrelevant by such professionals.
Such professionals now refer to such cases as `high conflict’ cases, when it is clear that they are situations of a violent aggressor/tormentor/persecutor and their victims. It is easy to see how the cases in Austria and America where young girls were imprisoned for many years by controlling individuals and regularly abused in several ways were undetected, when the aggressors/persecutors/tormentors were able to convince their family members, relatives and associates that they were reasonable, normal people. The same often occurs in other cases of violence and murder where neighbours report that the accused murderer is a nice and friendly neighbour. They do not recognise the Jekyll and Hyde aspects of the psychopath’s ploys and tactics and of those they have effectively groomed in their beliefs.
The high conflict which usually occurs in such cases is most commonly engendered by the respective lawyers, conditioned by operating in an adversarial process and arena, whose own major goal is to ‘win’, whatever may be the justness and fairness of the result.
It is not difficult to see, therefore, how the psychopath is able to readily gain the sympathy and support of some of the professionals engaged in the Family Law system and for them to abandon and forfeit their professional objectivity and impartiality in such circumstances. In blaming others the psychopath will allege the former partner is mentally ill and in some cases the former partner may be suffering a Complex Post Traumatic Disorder after suffering years of physical, mental, and sexual abuse and violence. This is often misinterpreted and misdiagnosed as a Borderline Personality Disorder or similar psychiatric term. In effect it is a classic ‘blame the victim’ scenario.
The groomed professionals then enable the psychopath to achieve their primary objective, which is to maintain power and control over their victims, their former partner and children. It is an act of vengeance and spite but mostly it is to maintain the power and control and feelings of supremacism and narcissism. “I am faultless and flawless and in control of my whole environment” are the unvoiced cravings of the psychopath, and “I can continue to inflict my tortures on my victims with impunity” are the psychopath’s continuing behaviours.
The Family Law and their shared parenting provisions and its administration by the Family Courts have become ready enablers for the psychopath.
Charles Pragnell is an Independent Advocate for Children and Families.
http://www.childrenwebmag.com/articles/child-care-social-issues/the-tactics-and-ploys-of-psychopath-aggressors-in-the-family-law-system
Tuesday, March 1st, 2011 by Charles Pragnell
In the twenty years I have been advising parents, children, and their legal advisers in several hundred cases in Family Law matters, I have often been asked, “Why is it that children are so often ordered to have contact with, and even into the custody of, parents who have abused them and have perpetrated violence against their partners.”
The answer to this question is not simple and involves an examination of the requirements of Family Laws which stress the importance of children having both parents in their lives after parental separation, the dynamics of legal processes, and the often very clear gender biases of the principals involved in judicial processes.
But one of the most outstanding and consistent features of proceedings involving the care of children post-separation are the conduct and behaviours which can be identified as clearly fitting the definitions of psychopathy/sociopathy.
The major personality traits of the psychopath are supremacy and narcissism. The afflicted individual must be in complete control of their environment and all persons who are a part of that environment or can serve the psychopath’s purposes in maintaining control.
The psychopath is capable of using both aggressive anger and passive anger with cunning and guile, to achieve their goals of exerting control. Examples of such contrary behaviours are the aggressive violence against intimate partners, with the frequent inherent abuse of children, designed to groom friends, relatives, and professionals into believing they are harmless and indeed very stable and friendly. If thwarted in attaining these goals, however, the passive can quickly turn into the aggressive.
In furtherance of these traits, the major tactics and ploys of the psychopath are:
1. denial of wrongdoings in the face of clear evidence;
2. refusal to take responsibility for behaviours and actions;
3. minimisation of the incident and consequences;
4. blame being placed on others;
5. misrepresentation, fabrication, embellishment and distortion of information and evidence;
6. minimisation of all information and evidence regarding wrongdoing;
7. claims of victim status, alleging the victim was the aggressor;
8. projection of their own actions and behaviour onto the victim; e.g. she abuses/neglects the children/ she is an alcoholic or drug abuser. This is based on the belief by the psychopath that attack is the best form of defence.
The grooming of friends, relatives, and professionals is very clear in many cases, and in particular some psychiatrists, psychologists and family evaluators/reporters have been hoodwinked by such tactics and ploys by the psychopathic individual. Their reports, of course favouring the psychopath, have very considerable influence on the Courts and their determinations. Very often clear evidence of intimate partner violence such as convictions, Domestic Violence Orders, Apprehended Violence Orders and Restraining Orders against the psychopathic aggressor and medical evidence of injuries suffered by the adult and child victims are ignored or dismissed as irrelevant by such professionals.
Such professionals now refer to such cases as `high conflict’ cases, when it is clear that they are situations of a violent aggressor/tormentor/persecutor and their victims. It is easy to see how the cases in Austria and America where young girls were imprisoned for many years by controlling individuals and regularly abused in several ways were undetected, when the aggressors/persecutors/tormentors were able to convince their family members, relatives and associates that they were reasonable, normal people. The same often occurs in other cases of violence and murder where neighbours report that the accused murderer is a nice and friendly neighbour. They do not recognise the Jekyll and Hyde aspects of the psychopath’s ploys and tactics and of those they have effectively groomed in their beliefs.
The high conflict which usually occurs in such cases is most commonly engendered by the respective lawyers, conditioned by operating in an adversarial process and arena, whose own major goal is to ‘win’, whatever may be the justness and fairness of the result.
It is not difficult to see, therefore, how the psychopath is able to readily gain the sympathy and support of some of the professionals engaged in the Family Law system and for them to abandon and forfeit their professional objectivity and impartiality in such circumstances. In blaming others the psychopath will allege the former partner is mentally ill and in some cases the former partner may be suffering a Complex Post Traumatic Disorder after suffering years of physical, mental, and sexual abuse and violence. This is often misinterpreted and misdiagnosed as a Borderline Personality Disorder or similar psychiatric term. In effect it is a classic ‘blame the victim’ scenario.
The groomed professionals then enable the psychopath to achieve their primary objective, which is to maintain power and control over their victims, their former partner and children. It is an act of vengeance and spite but mostly it is to maintain the power and control and feelings of supremacism and narcissism. “I am faultless and flawless and in control of my whole environment” are the unvoiced cravings of the psychopath, and “I can continue to inflict my tortures on my victims with impunity” are the psychopath’s continuing behaviours.
The Family Law and their shared parenting provisions and its administration by the Family Courts have become ready enablers for the psychopath.
Charles Pragnell is an Independent Advocate for Children and Families.
Labels:
Abuse,
Divorce,
Family law,
Psychopathy,
Sociopathy
Wednesday, March 2, 2011
California Family Courts Helping Pedophiles, Batterers Get Child Custody
(Enlarge photos with a single click.)
Here is the beginning of an important article by Peter Jamison on March 2, 2011, in the San Francisco Weekly:
Karen Anderson suspected that something strange was going on between her ex-husband, Rex Anderson, and their 15-year-old daughter. Prior to the couple's separation in 1998, the girl would sometimes put on high heels and makeup, "visiting" her dad while he worked late at night in the family's basement. It was the same retreat in which he stored the dildos and artificial vaginas he used to stimulate himself sexually.
After the divorce, Rex was given primary custody of his daughter, as well as the couple's 8-year-old son. Karen says this was because he had a full-time job as a facilities engineer at Santa Clara Valley Medical Center, while she was unemployed. While staying with her on weekends, her daughter would sometimes say she hated herself and wanted to die.
In 1999, Anderson, a resident of San Jose, decided to take her concerns to Santa Clara County Family Court. Like similar courts across the state, it is charged with adjudicating high-conflict divorces — managing the division of property, child support payments, and the often bitter process of establishing a plan for shared child-rearing. She urged the court to investigate whether her daughter was at risk of sexual molestation, and whether Rex's custody rights should be restricted as a result.
Family Court Judge James Stewart temporarily barred the children from seeing their father while the court looked into the abuse claims. But instead of seeking evidence as to whether molestation was taking place, he hired a Menlo Park–based psychologist, Leslie Packer, to evaluate both parents. Among Packer's tasks was to assess, in light of their psychological profiles, whether the accusations were likely to be true. After a series of interviews and personality tests, such as the Rorschach inkblot test, she delivered her opinion: Karen's fears for her daughter were unfounded.
"Karen's suspiciousness goes to the extent of paranoid thinking, particularly in regard to her husband's actions," Packer wrote in an evaluation delivered to the court. "There is a basis in her concerns with her husband's unusual sexual practices, but it appears that most of her speculations about her husband's possible sexualized attitudes toward their daughter are not based upon documented or reality-based evidence." Rex regained primary custody of his children.
Today, Rex Anderson is serving a 23-year sentence at Pleasant Valley State Prison in Coalinga. In 2003, he pleaded no contest to 25 counts of sex crimes against his daughter, including child molestation, sexual penetration of a child with a foreign object, and use of a minor to create pornography. When she turned 18, his daughter left his care and reported years of abuse to police in El Dorado County, where they were living. (SF Weekly is withholding her name as a victim of child sexual abuse.)
Seldom are a parent's allegations against an estranged former spouse rejected out of hand, only to be vindicated so completely. Yet observers say the Anderson case represents just one unfortunate outcome of systemic problems in the family courts' methods for investigating accusations of abuse.
Looking out for the children who find themselves in the middle of bitter divorces is the most important function of the state's family courts, and arguably one of the most significant duties of the judiciary as a whole. Yet evidence has mounted in recent years that it is a responsibility in which family court officials are sometimes failing dramatically.
Rex Anderson (left) and Henry "Bud" Parson were both convicted of child molestation after family courts awarded them custody of their daughters.
See the full article here:
http://www.sfweekly.com/2011-03-02/news/family-court-parental-alienation-syndrome-richard-gardner-pedophilia-domestic-violence-child-abuse-judges-divorce/
Here is the beginning of an important article by Peter Jamison on March 2, 2011, in the San Francisco Weekly:
Karen Anderson suspected that something strange was going on between her ex-husband, Rex Anderson, and their 15-year-old daughter. Prior to the couple's separation in 1998, the girl would sometimes put on high heels and makeup, "visiting" her dad while he worked late at night in the family's basement. It was the same retreat in which he stored the dildos and artificial vaginas he used to stimulate himself sexually.
After the divorce, Rex was given primary custody of his daughter, as well as the couple's 8-year-old son. Karen says this was because he had a full-time job as a facilities engineer at Santa Clara Valley Medical Center, while she was unemployed. While staying with her on weekends, her daughter would sometimes say she hated herself and wanted to die.
In 1999, Anderson, a resident of San Jose, decided to take her concerns to Santa Clara County Family Court. Like similar courts across the state, it is charged with adjudicating high-conflict divorces — managing the division of property, child support payments, and the often bitter process of establishing a plan for shared child-rearing. She urged the court to investigate whether her daughter was at risk of sexual molestation, and whether Rex's custody rights should be restricted as a result.
Family Court Judge James Stewart temporarily barred the children from seeing their father while the court looked into the abuse claims. But instead of seeking evidence as to whether molestation was taking place, he hired a Menlo Park–based psychologist, Leslie Packer, to evaluate both parents. Among Packer's tasks was to assess, in light of their psychological profiles, whether the accusations were likely to be true. After a series of interviews and personality tests, such as the Rorschach inkblot test, she delivered her opinion: Karen's fears for her daughter were unfounded.
"Karen's suspiciousness goes to the extent of paranoid thinking, particularly in regard to her husband's actions," Packer wrote in an evaluation delivered to the court. "There is a basis in her concerns with her husband's unusual sexual practices, but it appears that most of her speculations about her husband's possible sexualized attitudes toward their daughter are not based upon documented or reality-based evidence." Rex regained primary custody of his children.
Today, Rex Anderson is serving a 23-year sentence at Pleasant Valley State Prison in Coalinga. In 2003, he pleaded no contest to 25 counts of sex crimes against his daughter, including child molestation, sexual penetration of a child with a foreign object, and use of a minor to create pornography. When she turned 18, his daughter left his care and reported years of abuse to police in El Dorado County, where they were living. (SF Weekly is withholding her name as a victim of child sexual abuse.)
Seldom are a parent's allegations against an estranged former spouse rejected out of hand, only to be vindicated so completely. Yet observers say the Anderson case represents just one unfortunate outcome of systemic problems in the family courts' methods for investigating accusations of abuse.
Looking out for the children who find themselves in the middle of bitter divorces is the most important function of the state's family courts, and arguably one of the most significant duties of the judiciary as a whole. Yet evidence has mounted in recent years that it is a responsibility in which family court officials are sometimes failing dramatically.
Rex Anderson (left) and Henry "Bud" Parson were both convicted of child molestation after family courts awarded them custody of their daughters.
See the full article here:
http://www.sfweekly.com/2011-03-02/news/family-court-parental-alienation-syndrome-richard-gardner-pedophilia-domestic-violence-child-abuse-judges-divorce/
Sunday, February 27, 2011
President of the American Society for Adolescent Psychiatry Struts His Stuff
This summary is not available. Please
click here to view the post.
Friday, February 11, 2011
Mediator, Emily Gallup, Blows Whistle, Prompts Audit of Nevada County Family Court Services
This press release comes from www.CenterforJudicialExcellence.org
Court Took Retaliatory Action Against Mediator for Repeatedly Raising Issues
Nevada County, CA – A Family Court Services mediator has prevailed in her grievance against her former employer, the Nevada County Superior Court, prompting an independent audit of the Nevada County Department of Family Court Services. Emily Gallup claimed that Nevada County Family Court Services violated state statutes and rules of court governing the recommending mediation process, while retaliating against her after she raised these issues with courts officials. M. Catherine Jones of Nevada City represented Ms. Gallup.
“The Nevada County Superior Court and its mediators have been using undue influence to pressure parents into custody agreements,” says Gallup. Among the tactics used by the courts, Gallup explained that parents were routinely shown a picture of a young man who had committed suicide the day his parents had been unable to reach an agreement in court. Mediators were also pressured to complete their cases in one hour’s time.
Violations cited in Gallup’s grievance include failure to review legal files and criminal records, failure to contact collateral sources, and failure to follow domestic violence protocol. Gallup maintains that children and families throughout Nevada County have been harmed by the flawed practices of the family court department. (Italics added.)
Family Court mediators, like Gallup, are required by law to guide parents into reasonable custody arrangements that protect children’s best interests. Mediators in recommending counties, like Nevada County, are also charged with the task of making child custody recommendations to the court in the absence of parental agreement. These recommendations carry great weight with the court, and are usually ordered.
“Emily’s courageous first-hand account proves beyond a doubt what court reform advocates have been saying for years – and what the recent state audit confirms. Complaints about mediators ignoring criminal records, domestic violence protocols and endangering children’s lives are legitimate,” said Kathleen Russell, Executive Director for the Center for Judicial Excellence, which pushed for the recent state audit.
The order for an audit of the Nevada County Superior Court comes just weeks after the conclusion of a 17-month audit of the Family Court Services departments of Sacramento and Marin counties. The audit of those counties revealed that large numbers of mediators are unqualified, untrained and unsupervised, and that the family courts maintained inadequate complaint procedures for the public. Gallup believes that a statewide audit is warranted at this time.
In a final and binding award dated February 6, 2011, Arbitrator Christopher Burdick found that Gallup “had reasonable cause to believe that the Department of Family Court Services had violated or not complied with state statutes and rules of court in regards to the mediations required by the Family Law Code and the California Rules of Court.” He further ordered Family Court Services to undergo an audit to assess its compliance with the law. The cost of this audit will be born exclusively by the court, and the results will be released to the public.
Gallup repeatedly tried to address her concerns about the department with her superiors, including the Interim Director, the Family Law Judge, the Human Resources’ Director, and the Court’s Chief Executive Officer. Ms. Gallup’s efforts to bring her department into compliance with the law were unsuccessful.
Arbitrator Burdick found that “the Court took reprisal actions against Gallup for her repeatedly raising and discussing these issues.” Retaliatory activity against Gallup included negative performance evaluations, denial of her annual pay increase, and a written reprimand delivered to her the afternoon before her scheduled week-long vacation. She was subsequently terminated from her job on December 21, 2010, prior to the conclusion of the grievance proceedings.
Burdick ordered the court to reimburse Gallup for her annual raise, her leave time, and attorney fees. It is estimated that the court’s handling of Gallup’s case has already cost taxpayers at least $100,000.
Court Took Retaliatory Action Against Mediator for Repeatedly Raising Issues
Nevada County, CA – A Family Court Services mediator has prevailed in her grievance against her former employer, the Nevada County Superior Court, prompting an independent audit of the Nevada County Department of Family Court Services. Emily Gallup claimed that Nevada County Family Court Services violated state statutes and rules of court governing the recommending mediation process, while retaliating against her after she raised these issues with courts officials. M. Catherine Jones of Nevada City represented Ms. Gallup.
“The Nevada County Superior Court and its mediators have been using undue influence to pressure parents into custody agreements,” says Gallup. Among the tactics used by the courts, Gallup explained that parents were routinely shown a picture of a young man who had committed suicide the day his parents had been unable to reach an agreement in court. Mediators were also pressured to complete their cases in one hour’s time.
Violations cited in Gallup’s grievance include failure to review legal files and criminal records, failure to contact collateral sources, and failure to follow domestic violence protocol. Gallup maintains that children and families throughout Nevada County have been harmed by the flawed practices of the family court department. (Italics added.)
Family Court mediators, like Gallup, are required by law to guide parents into reasonable custody arrangements that protect children’s best interests. Mediators in recommending counties, like Nevada County, are also charged with the task of making child custody recommendations to the court in the absence of parental agreement. These recommendations carry great weight with the court, and are usually ordered.
“Emily’s courageous first-hand account proves beyond a doubt what court reform advocates have been saying for years – and what the recent state audit confirms. Complaints about mediators ignoring criminal records, domestic violence protocols and endangering children’s lives are legitimate,” said Kathleen Russell, Executive Director for the Center for Judicial Excellence, which pushed for the recent state audit.
The order for an audit of the Nevada County Superior Court comes just weeks after the conclusion of a 17-month audit of the Family Court Services departments of Sacramento and Marin counties. The audit of those counties revealed that large numbers of mediators are unqualified, untrained and unsupervised, and that the family courts maintained inadequate complaint procedures for the public. Gallup believes that a statewide audit is warranted at this time.
In a final and binding award dated February 6, 2011, Arbitrator Christopher Burdick found that Gallup “had reasonable cause to believe that the Department of Family Court Services had violated or not complied with state statutes and rules of court in regards to the mediations required by the Family Law Code and the California Rules of Court.” He further ordered Family Court Services to undergo an audit to assess its compliance with the law. The cost of this audit will be born exclusively by the court, and the results will be released to the public.
Gallup repeatedly tried to address her concerns about the department with her superiors, including the Interim Director, the Family Law Judge, the Human Resources’ Director, and the Court’s Chief Executive Officer. Ms. Gallup’s efforts to bring her department into compliance with the law were unsuccessful.
Arbitrator Burdick found that “the Court took reprisal actions against Gallup for her repeatedly raising and discussing these issues.” Retaliatory activity against Gallup included negative performance evaluations, denial of her annual pay increase, and a written reprimand delivered to her the afternoon before her scheduled week-long vacation. She was subsequently terminated from her job on December 21, 2010, prior to the conclusion of the grievance proceedings.
Burdick ordered the court to reimburse Gallup for her annual raise, her leave time, and attorney fees. It is estimated that the court’s handling of Gallup’s case has already cost taxpayers at least $100,000.
Tuesday, January 25, 2011
Dr. Gardner's ghost still haunts Rhode Island (even after David Tassoni has gone)
As Judge Haiganush R. Bedrosian becomes Chief of Family Court, it is time we banished the ghost of Dr. Richard Gardner, whose coercive tactics in Rhode Island courtrooms have been haunting families traumatized by domestic abuse.
Victims of terror do not present well in court. They are tense, emotional and understandably outraged. On the opposing side, tyrannical controllers can be calm and charming litigants, confident in the damage they have inflicted. Their lawyers, who are often accomplished bullies in their own right, tell astounding lies calculated to trigger a full display of symptoms in the victims.
Psychiatrist Richard A. Gardner designed a stealth weapon in 1985 that he called "Parental Alienation Syndrome." A domestic-violence-denier, Gardner testified for hundreds of fathers and argued that mothers had "alienated" their children against them. Gardner also wrote that sexual relations between parents and children were natural. He told filmmaker Garland Waller that children who report abuse by their fathers should be threatened with a beating. He committed suicide in 2003, but his ghost still haunts our courtrooms. Here are three examples from cases I have been following:
In 2004, Warwick police charged a Family Court deputy sheriff with felony domestic violence when they found his girlfriend handcuffed in their kitchen with a broken jaw and eye socket. Already entrenched in litigation, the deputy sheriff was an often-unruly defendant in the same courtroom where he once kept order. He demanded custody of his ten-year-old daughter, who was terrified of him.
In the corridor during a break, David M. Tassoni, assistant to Chief Judge Jeremiah S. Jeremiah, Jr., told me he was searching for a psychologist who "understood parental alienation." Tassoni found Lori Meyerson, PhD, in a cramped country office and invited her to serve at Family Court, where she testified that the deputy sheriff was a "happy, calm and level person." She had never visited either parent's home when she recommended giving the father sole custody. General Magistrate John J. O'Brien, Jr., praised Meyerson's work and declared this case to be "as close as you can get to parental alienation."
Tassoni told me he was working with Judge Bedrosian and a joint committee from the Court and the Bar Association on a training program to qualify guardians ad litem. Their 2004 course and manual devoted an entire section to Gardner's theory of parental alienation.
Attorney Lise M. Iwon, who is now president of the Rhode Island Bar Association, helped teach that course, though she did not follow its guidelines in writing her report as guardian ad litem in another case. A three-and-a-half-year-old had protested behavior she described as her father's "sausage games" on days they spent alone. A pediatrician's office reported this to DCYF, who ordered the father out of the home. A few months later, the mother filed for divorce.
I asked why Attorney General Patrick C. Lynch had failed to convene a grand jury. He considered the child too young to be believed. Neither DCYF nor the AG used available technology to record this child's "excited utterances" in order to meet standards of evidence. They made no video of her reportedly vivid "reenactment" of an assault. No jury saw the graphic portrait she drew of her father.
Iwon succeeded in getting the girl and her older sister removed from an excellent mother and home. After sixteen months in state custody, the court gave the younger girl to her father and moved the older one from a shelter to a foster home, all at state expense. Iwon's course of action suggested that a Gardner-defense was underway. Like Tassoni's efforts on behalf of the deputy sheriff, Iwon sought psychiatric examiners, and found a pliable group in Massachusetts, where psychologist Bernice Kelly, PsyD, wrote that Iwon, herself, had suggested the possibility of "parental alienation."
In 2007, Kelly's report to the court listed Gardner's "eight symptoms" of alienation. She seemed unaware that the National Council of Juvenile and Family Court Judges had identified this as "junk science" the year before. NCJFCJ had warned judges to strike any report referring to parental alienation from the record because it failed to meet standards of evidence.
This year, as the American Psychological Association prepares to publish the Fifth Edition of its Diagnostic and Statistical Manual, its committee has steadfastly resisted pressure to elevate "parental alienation" to scientific credibility.
Yet Blue Cross and Blue Shield apparently reimburses providers for parental alienation "therapy." In 2007, psychologist Peter J. Kosseff, PhD, testified in Rhode Island that his court-ordered efforts to forcibly "reconcile" two teenagers with their father were not what Kosseff considered "therapeutic." Nevertheless, he billed Anthem Blue Cross and Blue Shield in Connecticut for "miscellaneous medical service" and got paid for those sessions--though they ended badly when the 14-year-old daughter suffered a breakdown and spent ten days at Bradley Hospital, costing the insurer many thousands more.
How long will the ghost of Dr. Gardner haunt Rhode Island's children? I am confident that Chief Judge Bedrosian does not share Gardner's pro-pedophile views. She is now in a position to end his ghostly reign in Rhode Island and to promote the highest standards of evidence in Family Court's handling of custody cases.
But one branch of government is not enough. Will Governor Lincoln Chafee demand thorough reform at the Department of Children, Youth and Families? The General Assembly has mandated that DCYF must, in 2011, start the process toward accreditation.
Will Attorney General Peter Kilmartin use technology and convene grand juries to examine evidence of sex crimes by family members against young children? (Two of the fathers above acknowledged that they were sexually assaulted in childhood, one by his father and the other by his grandfather.)
Children who have suffered from domestic abuse need all three branches of government to work together and unequivocally banish Dr. Gardner's ghost from Rhode Island.
This op-ed is reprinted from
http://www.opednews.com/articles/Dr-Gardner-s-ghost-still-by-Anne-Grant-101219-843.html
and also appeared in The Providence Journal
http://www.projo.com/opinion/contributors/content/CT_annegrant27_12-27-10_JGL9NV5_v13.8712c4.html
Two weeks later, David Tassoni resigned. Here is the Providence Journal report:
http://newsblog.projo.com/2011/01/andrea-has-tassoni.html
RI Family Court mediator quits amid probe of qualifications
4:31 PM Thu, Jan 06, 2011
By W. ZACHARY MALINOWSKI
Journal staff writer
PROVIDENCE, R.I. -- Rhode Island State Police are investigating allegations that a longtime mediator in Family Court may have provided false information about his qualifications when he was hired 15 years ago.
State Police Lt. Raymond Studley, assistant detective commander, confirmed Thursday that detectives had opened an investigation into David Tassoni after court officials tipped off the police that the state worker may have "misrepresented his educational background."
"The court asked us to look into it and determine if there is any criminal behavior," Studley said.
Studley said that court mediators are not required to have a law degree.
Craig Berke, spokesman for the state court system, said that Tassoni resigned on Wednesday. Berke said that Tassoni was hired in 1996.
He said that Tassoni, who made $105,398 annually, was an assistant administrator in addition to his duties as a mediator. As a mediator, Berke said that Tassoni primarily worked to resolve disputes in divorce proceedings.
Family Court Chief Judge Haiganush Bedrosian said through Berke that any mediations that Tassoni participated in "are unaffected by this development.''
ABC 10 News broke the story:
http://www2.turnto10.com/news/2011/jan/06/10/court-mediator-resigns-resume-questioned-ar-351568/
By PARKER GAVIGAN
Published: January 06, 2011
Updated: January 06, 2011 - 6:54 PM
» 19 Comments | Post a Comment
A top court mediator resigned amid questions about his credentials.
David Tassoni worked at Rhode Island's Family Court for 13 years.
Tassoni's resume said he graduated law school and earned a degree from Providence College. From there, he rose through the ranks of state's Family Court, recently reporting directly to the chief judge and making $105,000 a year.
NBC 10 learned neither degree exists.
Paul Labonte's case in Rhode Island Family Court is over. He lost custody of his kids to the state. That's where he met Tassoni.
"You're expecting the people to be professional and be qualified in the positions they hold, and when they're not, it's like you get anyone down here to hear the case," Labonte said.
Tassoni's resume, obtained by NBC 10, says he graduated from Providence College and Southern New England School of Law in 1997 -- the same year he began working for Rhode Island's court system. He worked first as a law clerk intern and then as chief mediator, rising fast to the rank of assistant administrator and making $105,000 a year.
Sources say Chief Judge Haiganoush Bedrosian started to look into Tassoni's education and learned he did not graduate from law school or from Providence College.
Earlier in the week, Tassoni's resume, picture and biography were posted on the website of the Massachusetts-based company, Legal Options Inc.
The site said he had mediated more than 750 divorce and domestic disputes. The site also said that in addition to his family law practice, Tassoni is the domestic mediation instructor for Roger Williams University.
After NBC 10 started investigating, the information about Tassoni was pulled from the website.
Many court employees said Tassoni was good at what he did. Labonte doesn't disagree.
"I thought it was a shame. I really did," Labonte said. "He was really listening to what I was saying as opposed to just being at work,"
NBC 10 tried reaching Tassoni at his home and on the phone, but we were unsuccessful.
State police confirmed there is an active investigation at the Family Court, but they wouldn't confirm whether it involves Tassoni.
A representative for the court said the cases that Tassoni mediated are not affected by his resume problems.
State Sen. John Tassoni, David Tassoni's cousin, said the two men haven't been close and that he learned of the resignation from someone else.
Here is David Tassoni's fraudulent resumé (click once on it to enlarge):

He listed these among his duties:
Family Court Mediation Advisory Board (Chairperson), 2001 to present
Attorney General's Domestic Violence Task Force, 2002 to present
National Association of Court Managers, Governors Ideal System of Care, 2002 to present
Supreme Court Indigent Defense Task Force, 2002 to present
Supreme Court Mediation Task Force, 2002 to 2003
Child Support Guidelines Task Force, 2002
Rhode Island Children's Trust, 2003 to present
Guardian ad Litem Task Force, 2003 to present
Psychiatrist Richard Gardner made his own fraudulent claims that he was "Clinical Professor of Child Psychiatry at the College of Physicians and Surgeons, Columbia University." After his 2003 suicide, his New York Times obituary listed this among his credentials, and Columbia University denied the assertion.
Thursday, January 13, 2011
The Hague Domestic Violence Project
The Hague Convention, once intended to help protect children whose parents are citizens of different countries, has become a weapon abusers now use against parents trying to protect their children from domestic violence and sexual abuse.
Visit the website of the Hague Domestic Violence Project by clicking on the title above or pasting this in your browser:
http://www.haguedv.org/
See Time Magazine's article here:
http://www.time.com/time/nation/article/0,8599,2036246,00.html
Visit the website of the Hague Domestic Violence Project by clicking on the title above or pasting this in your browser:
http://www.haguedv.org/
See Time Magazine's article here:
http://www.time.com/time/nation/article/0,8599,2036246,00.html
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About the mother and child pictured at the top
On February 21, 1992, Rhode Island Family Court's Chief Judge Jeremiah Jeremiah gave this two-year-old to the sole custody and possession of her father despite his history of domestic violence and failure to pay child support. The father, a police officer, brought false charges against his ex-wife, first saying she was a drug addict. (Twenty-two random tests proved she was not.) Then he had her arrested for bank fraud, then for filing a false report, then for sexual abuse, then for kidnapping. None of his charges stuck.
The child remained with her father and stepmother until 2003, when, at 14, she finally realized that her mother had not been a drug addict. The teenager persuaded Judge Stephen Capineri to let her return to her mother. There she began working on the painful issues of lifelong coercion and deception--a tangled knot of guilt and rage. Most painful has been her father’s continuing refusal to let her visit two dearly loved half-sisters, whom she has not seen since 2003.
She is one of countless children in Rhode Island subjected to severe emotional and physical trauma by Family Court when it helps abusive parents to maintain control over their families after divorce. When she turned 18 in 2007, she gave the Parenting Project permission to publish her picture on behalf of all children who have been held hostage by Rhode Island custody scams.
She is one of countless children in Rhode Island subjected to severe emotional and physical trauma by Family Court when it helps abusive parents to maintain control over their families after divorce. When she turned 18 in 2007, she gave the Parenting Project permission to publish her picture on behalf of all children who have been held hostage by Rhode Island custody scams.
We are using this blog to provide links to stories that will help concerned people, including government officials, become aware of this form of child abuse and legal abuse. We must work together to improve the courts' ability to recognize the signs of post-traumatic stress disorder (PTSD) in victims of domestic abuse who are trying to protect their children.
PLEASE NOTE: If you are looking for the story of the removal of "Molly and Sara," please visit http://LittleHostages.blogspot.com
More Parenting Project Blogs
About the Author and the Cause
Parenting Project is a volunteer community service begun in 1996 at Mathewson Street United Methodist Church, Providence, RI, to focus on the needs of children at risk in Family Court custody cases. Our goal is to make Rhode Island's child protective system more effective, transparent, and accountable.
The Parenting Project coordinator, Anne Grant, a retired minister and former executive director of Rhode Island's largest shelter for battered women and their children, researches and writes about official actions that endanger children and the parents who try to protect them. She wrote a chapter on Rhode Island in Domestic Violence, Abuse, and Child Custody: Legal Strategies and Policy Issues, ed. Mo Therese Hannah, PhD, and Barry Goldstein, JD (Civic Research Institute, 2010).
Comments and corrections on anything written here may be sent in an email with no attachments to parentingproject@verizon.net
Find out more about the crisis in custody courts here:
www.centerforjudicialexcellence.org/PhotoExhibit.htm
www.child-justice.org
www.leadershipcouncil.org
www.evawintl.org provides forensic resources to end violence against women
about domestic violence in hague custody cases:
www.haguedv.org
more about domestic violence in law enforcement:
http://behindthebluewall.blogspot.com/



