(ANDVSA wrote Governor Palin's office in approximately March 2007 alerting them to the problems with PAS and advising them against signing any PAS Day Proclamations. Kudos for their quick and decisive action.

Sick Joke or Sick Reality?

Below the Belt: A Biweekly Column by NOW President Kim Gandy

May 17, 2007

I know you think I'm talking about "Opie and Anthony," recently suspended from their radio talk gig for "joking" with a guest, "Homeless Charlie" who said he wanted to rape Condoleezza Rice and Laura Bush. The hosts encouraged these horrifying remarks -- in fact they laughed and imagined "the horror" on Rice's face as she is held down and punched in the face.

No, I'm talking about another sick reality. Let me ask you first: Would you trust a guy who wrote that rape victims "gain pleasure from being beaten, bound, and otherwise made to suffer" as "the price they are willing to pay for gaining the gratification of receiving the sperm?" A guy who published his belief that "the child who has suffered bona fide abuse may very well have enjoyed the experience..."? A guy who claimed that incest is not harmful, (citing Shakespeare) only "thinking makes it so"?

And I know I don't even have to ask this -- but would you trust this guy with your kids?

I thought not. Which leads me to ponder how on earth the "theory" this guy thought up has found its way into court rooms across the country, and is currently influencing child custody decisions, especially those involving child abuse. That's right, this guy, a psychiatrist named Richard Gardner -- who, by the way, also asserted that adult-child sex is normal AND beneficial for both parties as well as for the survival of the human race -- is being given credence in cases involving the fate of children and families.

And believe it or not, it seems that nine state governors have jumped on Gardner's pro-pedophilia bandwagon. In Florida, Indiana, Connecticut, Kentucky, Nebraska, Iowa, Maine, and Nevada, there is now reportedly a whole day officially dedicated to raising "awareness" about Gardner's theory called Parental Alienation Syndrome, in which the very reports of abuse by a child against a father are themselves evidence that the child is being brainwashed by the mother (and if the child is angry at the father, or doesn't want to visit, that's even more evidence) and the only "cure" for this syndrome is to force the child to live with the abuser and deny ANY contact with the protective mother, who has no history of abuse.

C'mon, you're thinking, what judge would buy this crock? Doesn't it matter if the abuse really happened? Apparently not.

Although it may sound like it, this is no sick joke. It's a sad, sick reality. And anyone who cares even a little about children's human rights and the epidemic of family violence should take note and take action.

Let's start with the lowdown on "parental alienation syndrome" (PAS), which is also being called "parental alienation." Like I said, Richard Gardner thought it up. The late Dr. Gardner was a child psychiatrist who liked to tell people he was a full professor at Columbia University's College of Physicians and Surgeons. Actually, he was an unpaid volunteer. But hey -- professor, volunteer; child sexual abuse, fun adult-child sex -- hey, what's the difference? If you're Richard Gardner, not much.

But I digress. While Gardner was volunteering at Columbia in the 1980s, he formed some opinions and made some personal observations that, together, he decided to call "parental alienation syndrome." He defined PAS as a condition arising from one parent's (mostly mothers, he said) "programming" of the child to wage an unreasonable "campaign of denigration against" the other parent (most of the time, the father, according to Gardner). PAS, he said, arises most often during child custody disputes, usually involves false allegations of child sexual abuse as part of the programmer parent's attempt to turn the child against the other parent, and causes "enormous grief" in the alienated parent.

Gardner's diagnostic criteria included finding out from the child the parent's "frequency of programming thoughts" and the parent's "success in manipulating the legal system to enhance the programming." The ridiculousness of these criteria goes without saying. Gardner was insistent that the "programming parent" is the mother, and that the alienated parent is the father. He opined that treatment involve forcing the mother to stop expressing negative views about the father and granting custody of the child to him and denying any visitation to her. No part of the PAS diagnostic process involves examining the father's psychiatric history or conduct, or even inquiring whether he had actually engaged in abuse.

According to an article by Dr. Paul J. Fink, past president of the American Psychiatric Association, and Hon. Sol Gothard, retired judge and former faculty member for the National Council of Juvenile and Family Court Judges:

"Parental Alienation Syndrome has been used nationwide by batterers as a courtroom tactic to silence abused children by attempting to discredit their disclosures of abuse. This theory is not recognized as valid by the American Psychological Association, the American Psychiatric Association, or the American Medical Association. Parental Alienation Syndrome is not accepted as a psychiatric diagnosis, and has been rejected by the mainstream psychological community. Parental Alienation Syndrome is junk science; there is no valid research or empirical data to support this unproven theory."

To date, none of the studies necessary to judge the validity of Gardner's so-called syndrome have been conducted. In 2006, the Children's Legal Rights Journal (a multi-disciplinary journal published in conjunction with the American Bar Association Center on Children and the Law, the National Association of Counsel for Children, and the Loyola University School of Law) and the National Council of Juvenile and Family Court Judges each published analyses finding no scientific or legal basis for the use of PAS.

And yet, PAS keeps making appearances in courts across the country, subverting and perverting the pursuit of justice one family at a time. According to the Children's Legal Rights Journal, a North Carolina court incarcerated a teenage girl who refused to visit her father, and a New Jersey court suspended a mother's contact with her two children, granting sole custody to the father despite "'foreseeable emotional upset and possible trauma'" to the children (Hoult, 1). In Pennsylvania, a court ordered a teenager into "PAS treatment," and he subsequently hung himself.

Young people who have suffered due to inhumane court rulings involving PAS are speaking out.

They are not the only ones. This month, the NOW Foundation joined other leading organizations working on family law and family violence in a complaint filed against the United States with the Inter-American Commission on Human Rights. The complaint charges that U.S. courts are failing to protect the life, liberties, security, and other human rights of abused mothers and children by frequently awarding child custody to abusers and child molesters. PAS is one predominant strategy being used by lawyers to place children in such danger. A recent Newsweek article noted the finding of a Harvard study that in custody cases involving documented spousal abuse, 54% granted custody to the batterer, and parental alienation was used as an argument in nearly every single one.

This is not a trend that will fade away. It's junk science that's gaining momentum, amassing victims, fooling powerful government officials, and even attracting an unfortunately famous ally or two like Alec Baldwin. PAS advocates play down the theory's unquestionably absurd roots in Gardner's pseudo-science, pathologize and punish mothers fighting to protect themselves and their children, and stand faithfully by fathers' so-called right to unfettered access to their children despite any history of assault or abuse. And the judges and the media are buying it hook, line and sinker.

Do something about it. Contact the governors who've proclaimed "Parental Alienation Awareness" days and raise their awareness about what's in the best interest of our families. Contact the media outlets who are giving PAS advocates like Alec Baldwin a platform to lie to the public. Pressure your judges to educate themselves and get our justice system back on track.

Gloria Steinem said, "The truth will set you free, but first it will piss you off." I'm definitely pissed off about PAS and hope you are too. It's just what we need to set our families free from junk science, junk justice, and sick realities.

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For more detailed information and sources on PAS: Hoult, Jennifer, (Spring 2006). The Evidentiary Admissibility of Parental Alienation Syndrome: Science, Law, and Policy, Children's Legal Rights Journal, 26(1) pp. 1-61.

More unbelievable quotes from Richard Gardner

International complaint Against the United States on Behalf of Abused Mothers, Children
Mother’s Day complaint claims United States courts systematically violate children’s and mothers’ human rights.

On May 11, just before Mother’s Day weekend, ten mothers, one victimized child (now an adult) and leading national organizations will file a complaint against the United States with the Inter American Commission on Human Rights. Press conferences in Los Angeles and Sacramento will announce the details and motivation of the complaint. The complaint claims that U.S. courts, by frequently awarding child custody to abusers and child molesters, has failed to protect the life, liberties, security and other human rights of abused mothers and their children.

The petition seeks a finding from the Inter-American Commission on Human Rights that the U.S. has violated the Declaration of the Rights and Responsibilities of Man and the Charter of the Organization of American States and a statement of the steps that the U.S. must take to comply with its human rights obligations in regards to battered women and children in child custody cases.

The Inter-American Commission on Human Rights was created in 1959 and is expressly authorized to examine allegations of human rights violations by members of the Organization of American States, which include the United States. It also carries out on-site visits to observe the general human rights situations in all 35 member states of the Organization of American States and to investigate specific allegations of violations of Inter-American human rights treaties. Its charge is to promote the observance and the defense of human rights in the Americas.

The complaint details several cases where there was documented medical evidence of child sexual abuse, yet in each instance the identified abusing father was given full custody of the children he abused. Several of the mothers were jailed by the courts because of their persistent efforts to protect their children from abuse. Every single mother was denied contact with her child for some period of time, though none was ever proven to have harmed them.

"My life was completely shattered apart on that day and my childhood was destroyed," said Jeff Hoverson, the adult child petitioner, about the day a family court judge ordered sheriff deputies to deliver him into the custody of his abuser. "It was as if I was just kidnapped. I was torn from everything I knew....I was made into a possession rather than a child." Hoverson endured years of trauma and fear living in his father's home before escaping and returning to his mother at age 17. He is haunted by years of feeling helpless to prevent his father's night-time visits to his sisters’ bedrooms.

“Abused parents in Alaska face the same obstacles to protecting their children as those faced by women across the country.” said Paige Hodson, founder of the grassroots Alaska Moms for Custodial Justice”. “Abusive parents often know how to manipulate the court process and have the money to litigate the protective parent into poverty. I get several calls or emails through my website each month from women across the state that have been re-victimized by the same court system that is supposed to be protecting them.”

Studies of gender bias in the courts, conducted in the 1980’s and 90’s, found disturbing trends of courts minimizing or excusing men’s violence against women, and favoring the abusers. In 1990 the United States Congress passed a resolution recommending the prohibition of giving joint or sole custody to abusers. Seventeen years later, the practice continues unabated. Ten years ago today, leading national organizations were joined by members of Congress in a protest in Washington D.C. to again raise awareness about the problems in family courts. Today, petitioners say, the problem is systemic and widespread in family law courts across the nation.

“For more than 30 years U.S. judges have given custody or unsupervised visitation of children to abusers and molesters putting the children directly at risk,” says Dianne Post, an international attorney who authored the petition. “These horrendous human rights violations have been brought to the attention of family court systems, and state and federal governments, to no avail. We turn now to international courts to protect the rights and safety of U.S. children.”

The national organizations supporting the international complaint include: The Leadership Council on Child Abuse and Interpersonal Violence, National Organization for Women, National Organization for Women Foundation, National Coalition Against Domestic Violence, Justice For Children, Sexual Assault Report, National Family Court Watch Project, Stop Family Violence, Family Violence Prevention Fund, National Alliance to End Sexual Violence, Sidran Institute, Legal Momentum and the National Center on Sexual and Domestic Violence. The petition is supported by many state organizations as well.

In December 2005, the American Civil Liberties Union filed a petition against the United States with the Inter American Commission on Human Rights for their failure to protect Jessica Gonzales’ three children from their abusive father, who murdered them. Their petition, the first of its kind, asserted that domestic violence victims have the right to be protected by the state from the violent acts of their abusers.

More information, as well as speakers and plaintiffs, will be available at the press conferences. For additional information, contact Irene Weiser, Stop Family Violence
iw@stopfamilyviolence.org .The petition and supporting documentation will be available on the Stop Family Violence website on Friday May 11 at 10 am EST. www.StopFamilyViolence.org

Documentary films:
Small Justice: Little Justice in America’s Family Courts by Garland Waller
www.smalljustice.org

Breaking the Silence: Children’s Stories by Catherine Tatge and Dominique Lasseur
http://www.tatgelasseur.com/pages/bts.html

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