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Scandal Illuminates Troubled Family Court System

Byron-Williams.gifBy Byron Williams

The family court system has, in theory, operated on the question, "What is in the best interests of the child?"

But the findings articulated at a one-day workshop hosted by Alameda County Supervisor Gail Steele and the Center for Judicial Excellence suggest that question is more theory than practice.

If the statistics are accurate, the frequency with which children are allowed to have unsupervised contact with physically or sexually abusive parents after divorce in this country is alarming and worthy of the public's attention.

According to the Center for Judicial Excellence, "Not since the Catholic Church pedophile scandal has the United States seen this level of institutional collusion and corruption harming innocent children."

This may sound like hyperbole, but the comparison holds if, in fact, most family court professionals know the system is broken and are allowing the most vulnerable members of society to potentially suffer lifelong consequences.

It is indeed a broken system that allows 58,000 children each year to be placed in harm's way simply because the abusive parent also possesses the resources to hire a bevy of professionals who plead his/her case to judges, mediators and other family-law professionals.

Heavy caseloads, bad judges and unqualified mediators, who evaluate families sometimes based on no more than a one-hour meeting, can add up to decisions that permanently
affect families.

As one parent shared with me, "I wouldn't believe my own story if I didn't live through it. We trust the courts to do the right thing, but it's just not that simple."

Those who are not directly involved trust the system to work — but there was a consistent message at the workshop that it does not work, and children are paying the price.

Are these simply the musing of parents and attorneys who did not get their way? No, there is more than enough data to suggest there is a problem that warrants investigation. The primary charge finds that many judges, for reasons ranging from being overworked to becoming jaded by the system, have placed an inordinate reliance on court appointees such as mediators, evaluators, investigators, and minors' counsel, who may or may not act in the best interest of the children.

This has created a scenario whereby individuals who have no understanding of the law often sway the individual who is appointed to administer justice.

Steele also cites a level of dishonesty that she states is pervasive throughout the system. "It's not just mediators but social workers who are not telling the truth," she said.

The workshop featured experts in the field and parents sharing their gut-wrenching, first-hand testimony and offering solutions to the problem-plagued system in California.

State Sen. Mark Leno and other members of the Legislature are calling for an audit that will evaluate the magnitude of the concerns expressed over a number of years.

A number of participants also made it clear the problems they cite are not emblematic of the whole, maintaining there are indeed a number of good judges within the system. But there are enough bad ones who are not held accountable, causing the system dysfunction.

Steele should be commended for her willingness to bring attention to an issue that has flown under the radar for years. Investigation is long overdue.

Byron Williams has served as pastor of the Resurrection Community Church in Oakland since 2002. As the only pastor/syndicated columnist in the country, Williams writes a column which appears in 10 publications and several progressive web sites across the country.

Posted on June 15, 2009

Comments

The Center for Judicial Excellence is nothing more than a group of alienating moms who had their children taken away, and rightly so, for making false claims of abuse against fathers. Although, they give the appearance of being an all-inclusive group (for non-profit purposes only) their primary agenda is a feminist agenda of mail bashing, all-men-are-domestic-violators and only women deserve to have children. In not one case, has any father who has custody of his children in Marin County been convicted of abuse against his children. This group promotes an anti-parental alienation bias against fathers and men in general. Sure, they have a few token men in the group, but having attended one of their meetings personally, it is a group set on taking parental rights away from men.

This group lost credibility even with the largest newspaper in Marin County http://www.marinij.com/spotswood/ci_4461723 and has taken their anti-male bias to Sacramento where their Parental Alienation bias was stricken from legislation 3 times in 3 years.

The CJE has been told by the Marin Board of Supervisors that they cannot interfere in Marin Courts, so they have taken their case on the road, hoping that Alameda county supervisors do not understand obstruction of justice.

Also, you need to remember that Alameda County Supervisor Gail Steel lives in Marin County.

Posted by: Anonymous at June 16, 2009 06:36 PM

The family courts are destructive to all families. You must look at how federal incentive funds drive these negative outcomes. Title IV of the social security act is a good start. Title IV-D and Title IV-E get right to the poiunt of the best outcome for the most federal money yet these outcomes are the worst for our families, children, taxpayer, and society.
Single parent homes increase teenage pregnancy, youth in prison, and a vst number of other social ills. www.myspace.com/familyrights
Feel free to contact me if you want the stats and supporting info from any of this.

Posted by: Joemaflage at June 17, 2009 07:10 AM

As a child advocate and a conscious co-parenting coach and an adult child of PAS I find these types of groups filled with hateful angry people who have nothing better to do then to destroy the lives of innocent children. These people are often times the people abusing their children and they create these groups to deflect any attention from their own abusive behavior.

Parental Alienation is one of the worse forms of child abuse as it robs the child's mind of the ability to think and act for him or herself. With growing numbers of these types of groups around the country it is important to step up and to continue to fight for the rights and the relationship with your children. Create your own conscious and loving support group in your area.

Don't sit back in silence while angry groups like this crop up in your area and influence the judges in your custody case leaving you wondering what happened. Get prepared get educated and then educate others. The reason groups like these have any power at all is because they band together and come out in numbers if you do the same with a positive proactive message and approach you can positively change the direction of your relationship and life with your children and you can influence others to do the same.

BE THE ACTION AND VOICE OF CHANGE!
Dorcy Russell
CEO/Founder
Conscious Co-Parenting Institute
http://www.consciouscoparentinginstitute.com

Posted by: Dorcy at June 17, 2009 08:10 AM

This article has no decent citations, little basis in truth, and cites personal example as if it represents a larger reality.

The accurate sources of information include:

The California Administrative Office of the Courts, Center for Families Children and the Courts, trains judges, mediators, evaluators and helps shapes the role of Family Law attorneys. There are clear and good rules of court and annual training via CFCC.
http://www.courtinfo.ca.gov/programs/cfcc/

The California Child Welfare Director’s Association, CWDA, provides strong and specific guidance and training to social workers.
http://www.cwda.org/

The National Council of Juvenile & Family Court Judges provides national practice leadership
http://www.ncjfcj.org/

Association of Family Conciliation Court professionals is a key resource in family law.
http://www.afccnet.org/


Browse these sites and a good sense of the standards of practice is demonstrated.

Posted by: Gerry La Londe-Berg at June 19, 2009 12:44 PM

The Judicial Council's Center for Families, Children and the Courts? The National Center for Judicial Education? Don't make me laugh. These organizations carry their anti-parent agenda under the cloak of supposed judical neutrality, and they do nothing but fund anti-parent psychobabble. We need a ballot initiative to rein in the courts, provide jury trials in dependency cases, and fire 75-90% of the social workers.

Posted by: mbstone at June 19, 2009 01:11 PM

I've read the comments and would like to offer a real life analysis. I'm a responsible parent that has dealt with the Alameda Family Support system for over 20 years both as the non-custodial and custodial parent. So, yes, I've been on both sides and have witnessed and been before many judges and a myriad of other family services workers.

What I've witnessed and endured in the systems is horrific. The DA's have NO vested interest in your kids and they will quickly tell you this. The judges (for the most part) are, AMAZINGLY, brutal and inconsistent in how they treat and decide on matters which I learned to live with but what is ASTONISHING is the little regard they had on how their decisions impacted kids.

When I explained to one judge who was attacking me about child support how I've always paid child support and believed in supporting my kids---his remark was "I guess we'll all be going to heaven for our little good deeds, so I don't want to hear it". Another time when I declined child support from my ex-wife the judge drug me back into court and said "there must be something going on that you don't want child support". He then force the case to be re-opened although I had a "court order" that showed I have full custody and believe me I have many, many more examples of the treatment that goes on in the system there.

Trust, that I'm not the angry or bitter parent but just want to provide a glimpse of what people endure.


Posted by: Alamead Parent at June 19, 2009 02:46 PM

I've read the comments and would like to offer a real life analysis. I'm a responsible parent that has dealt with the Alameda Family Support system for over 20 years both as the non-custodial and custodial parent. So, yes, I've been on both sides and have witnessed and been before many judges and a myriad of other family services workers.

What I've witnessed and endured in the systems is horrific. The DA's have NO vested interest in your kids and they will quickly tell you this. The judges (for the most part) are, AMAZINGLY, brutal and inconsistent in how they treat and decide on matters which I learned to live with but what is ASTONISHING is the little regard they had on how their decisions impacted kids.

When I explained to one judge who was attacking me about child support how I've always paid child support and believed in supporting my kids---his remark was "I guess we'll all be going to heaven for our little good deeds, so I don't want to hear it". Another time when I declined child support from my ex-wife the judge drug me back into court and said "there must be something going on that you don't want child support". He then force the case to be re-opened although I had a "court order" that showed I have full custody and believe me I have many, many more examples of the treatment that goes on in the system there.

Trust, that I'm not the angry or bitter parent but just want to provide a glimpse of what people endure.


Posted by: Alamead Parent at June 19, 2009 02:47 PM

I've read the comments and would like to offer a real life analysis. I'm a responsible parent that has dealt with the Alameda Family Support system for over 20 years both as the non-custodial and custodial parent. So, yes, I've been on both sides and have witnessed and been before many judges and a myriad of other family services workers.

What I've witnessed and endured in the systems is horrific. The DA's have NO vested interest in your kids and they will quickly tell you this. The judges (for the most part) are, AMAZINGLY, brutal and inconsistent in how they treat and decide on matters which I learned to live with but what is ASTONISHING is the little regard they had on how their decisions impacted kids.

When I explained to one judge who was attacking me about child support how I've always paid child support and believed in supporting my kids---his remark was "I guess we'll all be going to heaven for our little good deeds, so I don't want to hear it". Another time when I declined child support from my ex-wife the judge drug me back into court and said "there must be something going on that you don't want child support". He then forced the case to be re-opened although I had a "court order" that showed I have full custody. That meant my child had to endure another round of mediation which she detested. And believe me I have many, many more examples of the treatment that goes on in the system there.

Trust, that I'm not the angry or bitter parent but just want to provide a glimpse of what people endure.


Posted by: Alamead Parent at June 19, 2009 02:49 PM

I've read the comments and would like to offer a real life analysis. I'm a responsible parent that has dealt with the Alameda Family Support system for over 20 years both as the non-custodial and custodial parent. So, yes, I've been on both sides and have witnessed and been before many judges and a myriad of other family services workers.

What I've witnessed and endured in the systems is horrific. The DA's have NO vested interest in your kids and they will quickly tell you this. The judges (for the most part) are, AMAZINGLY, brutal and inconsistent in how they treat and decide on matters which I learned to live with but what is ASTONISHING is the little regard they had on how their decisions impacted kids.

When I explained to one judge who was attacking me about child support how I've always paid child support and believed in supporting my kids---his remark was "I guess we'll all be going to heaven for our little good deeds, so I don't want to hear it". Another time when I declined child support from my ex-wife the judge drug me back into court and said "there must be something going on that you don't want child support". He then forced the case to be re-opened although I had a "court order" that showed I have full custody. That meant my child had to endure another round of mediation which she detested. And believe me I have many, many more examples of the treatment that goes on in the system there.

Trust, that I'm not the angry or bitter parent but just want to provide a glimpse of what people endure.


Posted by: Alamead Parent at June 19, 2009 02:49 PM

I am the grandmother of an abused child in San Bernardino county. I reported the abuse to the sherriff's office, CPS, the courts, my grandsons attorney and he is still in the abusevie home. I went out and hired 2 private investigators I had to be sure of my facts. The CPS workers have lied in this case. I have evidence to support theses facts. The attorney for my grandson made the following statement in court ( THERE IS CHILD ABUSE BUT I AM NOT COMFERTABLE!)The next court hearing my grandsons attorney made this statement (I didn't stop his visits with his mother because he loves her so much,he loves her so much, he loves her so much. my daughter is a drug addict. He arranged supervised visits for my daughter, but left my grandson in an abusive home with his father and stepmother. The judge in this case did not stop the abuse on my grandson. Both my grandsons father and step mother have a history of child abuse and violance. The attorneys have lied in court, and the judges who have heard this case have no clue that is the case or they don't want to deal with it. I know that the judges who do these cases don't read what is written, nor do they want to allow evidence to support the facts. This is what is called equal procetion under the law. Not everyone lies about what is happing to the children. Some of us do tell the truth about what is happing to these children. I know there is some way that these cases can be proven or disproved to protect our children and grandchildren. We need equal procection under the law for these children. There is laws but they don't seem to apply to children. We need to change the courts. WE NEED CHANGES NOW BEFORE MORE CHILDREN ARE HURT OR DIE. I WILL NEVER STOP TRYING TO SAVE A CHILD FROM A LIFE OF ABUSE. IT'S TIME TO DEAL WITH THESE PROBLEMS IN OUR COURTS.

Posted by: Kathy Ainsworth at June 21, 2009 08:35 AM

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