Abusers gaining custody in family courts: A case series of over turned decisions

  title={Abusers gaining custody in family courts: A case series of over turned decisions},
  author={Joyanna L. Silberg and Stephanie J. Dallam},
  journal={Journal of Child Custody},
  pages={140 - 169}
Abstract This article presents findings and recommendations based on an in-depth examination of records from 27 custody cases from across the United States. The goal of this case series was to determine why family courts may place children with a parent that the child alleges abused them rather than with the nonoffending parent. We focused on “turned around cases” involving allegations of child abuse that were at first viewed as false and later judged to be valid. The average time a child spent… Expand
Nonjudicial Influence on Family Violence Court Cases
Family courts have rarely considered how their decisions are perpetuating domestic violence and child abuse in the many cases where custody disputes are before them. Rather than judges playing KingExpand
Custody and Access to Children
Most people who divorce with children are able to decide what is in the best interests of their child without having to go to court to have the judge make the decision for them. In fact, it isExpand
Obey the justice system or protect children? The moral dilemma posed by false parental alienation syndrome
Abstract This work focuses on the ethical dilemma involving whether to defend children and obey the law when a judge determines that a parent should deliver the child to the other parent although theExpand
When evaluators get it wrong: False positive IDs and parental alienation.
Allegations that a parent has manipulated a child to turn against the other parent raise complex issues challenging child custody evaluators, expert witnesses, and courts. A key issue relates toExpand
Concepts, Controversies And Conundrums Of “Alienation:” Lessons Learned In A Decade And Reflections On Challenges Ahead
There have been significant advances in understandings and practice related parent–child contact problems (PCCPs), with a growing consensus about some issues and continuing controversy about others.Expand


The extent, nature, and validity of sexual abuse allegations in custody/visitation disputes.
It is concluded that only a small proportion of contested custody and visitation cases involve sexual abuse allegations, and four factors were significantly associated with the perceived validity of the abuse report: age of the victim, frequency of the alleged abuse, prior abuse/neglect reports, and the amount of time elapsing between filing for divorce and the emergence of the allegation. Expand
A Critical Assessment of Child Custody Evaluations
  • R. Emery, R. Otto, W. O'donohue
  • Medicine
  • Psychological science in the public interest : a journal of the American Psychological Society
  • 2005
The system for resolving custody disputes as deeply flawed and the desire to sharply limit custody disputes and custody evaluations is proposed, which find particular merit in the proposed “approximation rule”. Expand
Children in the Crossfire
The findings from this study highlight several issues of concern regarding the reality of child custody among families with a history of IPV, including a lack of identification of IPv even among cases with a documented, substantiated history, and a Lack of strong protections being ordered even among Cases in which a historyof substantiated IPV is known to exist. Expand
Premised on the understanding that domestic violence is a broad concept that encompasses a wide range of behaviors from isolated events to a pattern of emotional, physical, and sexual abuse thatExpand
Misogynistic cultural argument in parental alienation versus child sexual abuse cases
ABSTRACT This article argues that major advances in parental alienation (PA) theory, since its inception as the Parental Alienation Syndrome (PAS), have not consistently been applied in custodyExpand
When courts accept what science rejects: Custody issues concerning the alleged “parental alienation syndrome”
ABSTRACT “Parental alienation syndrome” (PAS) is unscientific and is an affront to children, women who hold the custody of children of separated couples, science, human rights, and the justice systemExpand
Sexual abuse allegations and parental separation: Smokescreen or fire?
Abstract If allegations of sexual abuse of a child are made after parents separate, the challenges of resolving custody and visitation issues are greatly increased, with the abuse allegationsExpand
The Evidentiary Admissibility of Parental Alienation Syndrome: Science, Law, and Policy
Since 1985, in jurisdictions all over the United States, fathers have been awarded sole custody of their children based on claims that mothers alienated these children due to a pathological medicalExpand
An Empirical Investigation of Psychologists' Custody Evaluation Procedures
Abstract The current study was designed to define the current standard of practice for custody evaluation among psychologists seen as highly “credible” by family law attorneys. The study consisted ofExpand
Abused Mothers’ Safety Concerns and Court Mediators’ Custody Recommendations
Experiences with court mediation among a sample of victimized mothers who divorced abusive husbands demonstrate that abuse is rarely considered in custody recommendations, as most court mediators prefer joint custody. Expand