The National Family Violence Law Center at GW

Unprecedented Family Court Judgment – Views from the UK Domestic Abuse Commissioner Nicole Jacobs .nicole

“An unprecedented Family Court judgment was published that embraces the trauma-informed approach that I have been calling for.

This comes nearly one year on from a report published last summer where I shared my vision for the Family Court. Developed in line with national law and international human rights provisions, the report’s recommendations sought to establish a Family Court that is child-centric and able to effectively engage with domestic abuse.

Re GB (Parental Alienation: Factual Findings) [2024]

In the case of Re GB (Parental Alienation: Factual Findings) [2024] the perpetrator used an allegation of so-called ‘parental’ alienation to continue abuse of his ex-partner and two children. This included attempting to manipulate the police in order to undermine the mother’s protective parenting.

The judge clearly understood this as abuse of both child and mother, stating that the perpetrator’s behaviour was “patently emotionally abusive” and that he “sought to blame both the child and the child’s mother for a situation so demonstrably created by him”.

Identifying the behaviour as deceptive, punitive and contrary to the best interests of the child, the judge demonstrated a understanding of ‘DARVO’ (deny, attack, and reverse victim and offender) tactics that perpetrators use to distract from their own actions and transfer responsibility to the victim. The ‘DARVO’ response is recognised by the domestic abuse sector, and it is extremely encouraging to see the judge describe the perpetrator’s behaviour in these terms.”

Read entire Op-Ed here https://www.familylawweek.co.uk/articles/opinion-piece-unprecedented-family-court-judgment-views-from-the-domestic-abuse-commissioner/

From NYT Opinion, RL Snyder:

The Simpson trial, and the man at its center, have come to stand for many things in the decades since his acquittal: He was a symbol of the privileges of rich and famous men, a living embodiment of the unevenness of justice, a walking measure of America’s racial divide. Yet it’s worth taking a moment to remember the ways his case, even in light of the outcome, had profound and lasting consequences for domestic violence victims, for their advocates and for court systems.

Ms. Brown Simpson’s murder thrust onto the national stage the idea that even beauty, wealth and whiteness could not offer protection from an enraged and estranged spouse. Her murder, along with Ron Goldman’s — for a time, at least — shook an entire nation into some kind of recognition that domestic abuse crosses all bounds of race, class, sexual identity, ethnicity, age.

But if the murders brought a sudden shock of awareness of the problem, the trial also illustrated how hard it is for victims to obtain justice, even in the face of overwhelming evidence.

Opinion | Nicole Brown Simpson Called for Help 5 Days Before She Was Killed. It Was Not Enough. Nicole Brown Simpson’s death shook an entire nation into recognition that domestic abuse crosses all bounds of race and class.

New reporting from on the contributions and passing of our friend and colleague Dr. Evan Stark.

Stark helped broaden the definition of domestic violence to include coercive control. As a sociologist, author, expert witness and advocate, Dr. Stark challenged pervasive misconceptions about domestic violence, which is primarily, although not universally, inflicted upon women. One of the most pernicious myths is the notion that women who remain in abusive relationships do so willingly.

“You would never ask why a hostage or kidnapping victim stays — or why they finally retaliate,” Dr. Stark once said.
In the 1980s, advocates created a diagram known as the “Power and Control Wheel” to represent the tactics often employed by abusers to keep their victims from leaving. Those tactics might include belittling a woman to degrade her self-esteem, isolating her from her friends and family, limiting her access to money, surveilling her activities and threatening violence on her or her children.

In his expert report, Dr. Stark argued that “removal of a young child from its primary caretaker can be particularly traumatic where domestic violence has occurred and should be used only as a last resort and in the face of evidence that the child faces imminent harm.”

Working with local advocates, Dr. Stark helped persuade numerous nations to criminalize coercive control in recent years. England and Wales, Ireland and Scotland were among the first international jurisdictions to take that step.
In the United States, only Hawaii “followed suit in the criminal law,” but several states “have incorporated coercive control into the civil law with his help,” according to Joan S. Meier, director of the National Family Violence Law Center at George Washington University’s law school.
“Domestic abuse is a crime against the whole community because the community cannot thrive without women’s full participation,” Dr. Stark once said in a speech. He hoped, he remarked in another, to “have made significant inroads into ending violence against women and children.”

FULL STORY https://www.washingtonpost.com/obituaries/2024/04/17/evan-stark-domestic-violence-dead/

“Junk science in the justice system is nothing new. But unvarnished correspondence about how prosecutors wield it is hard to come by. It can be next to impossible to see how law enforcement — in league with paid, self-styled “experts” — spreads new, often unproven methods.“

They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars.

After House approval, Kayden's Law is one step closer to reforming child custody decisions Kathy Sherlock doesn’t have the words to describe the bond she and her 7-year-old daughter, Kayden Mancuso, shared. There was just “something...

UPDATE Saada v. Golan - Saada has withdrawn his appeal and the son of Narkis Golan can remain with the Golan family in the U.S. without further litigation. The good news from the legal team:

Dear Golan Amici,

We write to share yet more unexpected good news! We learned last week that Saada has chosen not to pursue the appeal and has stipulated to withdrawing it. Federal-court proceedings over Saada’s petition for B.A.S.’s return are now over, and Judge Donnelly’s denial of the petition will be the final decision in the federal case. We will no longer need to file an amicus brief.

We are glad that this long and tough chapter for B.A.S. and the Golan family has come to a close. We remain grateful for the continuous support you have provided for our amicus contributions. Thank you very much.

STARTING SOON! 7pm ET today

EVENT - Join us this Thursday at 4pm PT/7pm ET for our monthly NSPO live advocacy session! We’ll be in conversation with two outstanding legal team members of Family Violence Appellate Project (FVAP) Evangeline Stratton and Rasham Nassar, to discuss the twists and turns of making strong protective child custody laws state by state. We’ll focus on what’s happening right now in Washington and Utah as examples.
Register at nationalsafeparents.org > Advocacy Community
*NSPO members look for the link in the NSPO Community and in your inbox the day of the event.
See you there!

REMINDER: TOMORROW Friday at 11am ET at NSPO we’ll be talking about the new framework CAMS - Child & Mother Sabotage with co-authors.
Join us https://www.nationalsafeparents.org/

*NSPO Members, you can find the access link under Events inside the NSPO Advocacy Community

JUST IN: Jennifer Dulos’ family and friends have released a statement on the eve of Michelle Troconis’ trial in connection to Jennifer Dulos’ disappearance and presumed death. The following is from Carrie Luft, Jennifer Dulos’ close friend, who’s acted as spokesperson since May 2019:

“It has been more than four years and seven months since Jennifer Farber Dulos was murdered and disappeared. We, her family and friends, have waited patiently, understanding that the justice process moves slowly and deliberatively, especially given the disruption of a global pandemic. We remain deeply grateful to the state’s attorney’s office, the Connecticut State Police, and the New Canaan Police for their tireless dedication to this case and the related, ongoing criminal investigation.

As this trial begins, it is crucial to remember who is at the center: Jennifer, whose five children have lost their mother and, as an eventuality, both parents. Jennifer’s family and loved ones have lost a loving daughter, sister, cousin, and lifelong friend. We do not seek closure, as nothing can bring Jennifer back. Our hope is that this trial provides for accountability and answers.

As this trial gets underway, we ask that you prioritize and respect the privacy of Jennifer’s family and loved ones. Thank you.”

Major news from Latin America: Columbia’s highest court bans reliance on “alienation” following a series of reports on harms to children.

“A group of mothers, lawyers & psychiatrists from different Latin American countries are leading a fight against use of false parental alienation syndrome (PAS) that serves as an argument to give custody of children to parents accused of family violence”

Full story
https://elpais.com/america-colombia/2024-01-05/la-corte-constitucional-impulsa-la-lucha-de-las-latinoamericanas-contra-el-supuesto-sindrome-de-alienacion-parental.html

Remarkable decision from the MT Supreme Court, reversing a punitive trial court decision which abruptly truncated a 5-year-old’s relationship with his mother, his full-time caregiver, in order to “repair the relationship” with the father. No abuse allegations were raised in the case. The child was to have no contact with his mother for five years per the trial court order.

“Shanna ManyWounds will be reunited with her little boy after a Lake County District Court Judge abruptly ordered him taken away from his mom in September.

In an order Tuesday, the Montana Supreme Court found Judge Deborah Kim Christopher’s decision to be contrary to the child’s best interests, against the advice of the court’s own expert witness, and “causing a gross injustice.”

The order, signed by five justices, described Christopher’s decisions in the case to be a “misapplication of the law” and a punishment of the mother unsupported by the record. The justices also note Christopher made her ruling before hearing from the mother’s witnesses.

The plaintiffs’ lawyers earlier described the case as one of the most blatant miscarriages of justice they had ever seen in each of their roughly 25 years practicing law, and the Supreme Court’s order found in their favor.

The order voids Christopher’s parenting plan, and it grants ManyWounds’ emergency request that the child custody case be removed from Christopher, an outcome the lawyers said would be rare and the justices said is “an extraordinary remedy.”

“Judge Christopher created a parenting plan whose stated purposes were to punish ManyWounds for the court’s belief that she had treated (father Jonathan Whyte) unfairly, to reward Whyte because she found him likeable, and to deliberately subject (the child) to potential trauma in a misguided attempt to ‘develop the stress muscles’ of a child that the court believed had been overly protected by his mother and grandmother,” the justices wrote.”

FULL STORY at the Daily Montanan
https://dailymontanan.com/2024/01/03/montana-supreme-court-removes-lake-county-district-court-judge-from-child-custody-case/

Upcoming Webinar: UN Special Report on Parental Alienation and Implications for Canada

Join us Jan. 11 with UN Special Rapporteur Reem Alsalem as she discusses her report findings and recommendations to Canada to implement change.

Register https://kh-cdc-ca.zoom.us/webinar/register/WN_n7Mti6ofRM6QgVR7gX9ZAw #/registration

“Numerous signatories of a joint letter to the Office of the United Nations High Commissioner for Human Rights (OHCHR) acknowledge that ‘Accusations of parental alienation by abusive fathers against mothers must be considered as a continuation of power and control by state agencies and actors, including those deciding on child custody’ (Citation2019, p. 3).

Additionally, a PA allegation can trigger a set of events and exposure to abusive professional practices and family court processes, which can be experienced as revictimization and more harmful than the original violence.”

‘Swim, swim and die at the beach’: family court and perpetrator induced trauma (CPIT) experiences of mothers in Brazil Gender-based violence (GBV) and Domestic Violence (DV) are prevalent in Brazil. There are growing concerns globally regarding the weaponisation of the pseudo-concept ‘Parental Alienation’ (PA) in t...

BIG NEWS! New Jersey Senate votes YES on the bill & it’s now headed to desk. Congratulations to and all the NJ and advocates who fought so hard for this over several legislative sessions!
https://www.njleg.state.nj.us/bill-search/2022/A1475

“What is happening to these women and children in that don’t have the money? There were times I would get [lawyer bills] up to $2,000 to $4,000 every two weeks,” Kendra said. “The system is so perverted and twisted, it doesn’t protect women; men use kids as pawns and there’s no accountability unless women are in the financial position to keep going to court for as long as it takes.”

“It still comes down to who has the most money for a better lawyer,” said Pollack, of the National Family Violence Law Center.

Neighborhood Legal Services, a federally funded program to provide legal aid, is not available to those navigating [private custody litigation in] family courts.

Meier said that abuse continues through generations in part because it is not acknowledged.

“We just can’t side with abuse any longer,” Meier said. “So many kids are being intentionally harmed and traumatized, and it’s so frustrating that courts deny abuse all the time and still hold onto old fashioned and inaccurate standards. … We need to just keep calling it out or it will keep happening.”

The City of Pittsburgh officially declared November as Family Court Awareness month. Pollack led a press conference conducted by Mayor Ed Gainey’s office, which included statements from child survivors of abuse.

“As a survivor, you are told to tell the truth and you would be okay, but after hours of questioning and telling the truth, we were completely ignored,” said a child referred to as Nova, whose real name was withheld. “Everyone overlooked what we had to say, and it affected us greatly. The trauma caused by family court is real.”

Inaya does not want to give up on getting custody of her child, but it’s exhausting and expensive. She’s also unsure if more hearings will even make a difference.

“I shared what my daughter had told me, ‘Papa does bad things to me.’ And another time, she had said that he doesn’t stop,” she said. “I shared this in the court.”

Full story at

https://www.publicsource.org/kaydens-law-pennsylvania-allegheny-family-court-child-custody-abuse-parental-alienation/

“What is happening [in ] to these women and children that don’t have the money? There were times I would get [lawyer bills] up to $2,000 to $4,000 every two weeks,” Kendra said. “The system is so perverted and twisted, it doesn’t protect women; men use kids as pawns and there’s no accountability unless women are in the financial position to keep going to court for as long as it takes.”

“It still comes down to who has the most money for a better lawyer,” said Pollack, of the National Family Violence Law Center.

Neighborhood Legal Services, a federally funded program to provide legal aid, is not available to those navigating [private custody litigation in] family courts.

Meier said that abuse continues through generations in part because it is not acknowledged.

“We just can’t side with abuse any longer,” Meier said. “So many kids are being intentionally harmed and traumatized, and it’s so frustrating that courts deny abuse all the time and still hold onto old fashioned and inaccurate standards. … We need to just keep calling it out or it will keep happening.”

The City of Pittsburgh officially declared November as Family Court Awareness month. Pollack led a press conference conducted by Mayor Ed Gainey’s office, which included statements from child survivors of abuse.

“As a survivor, you are told to tell the truth and you would be okay, but after hours of questioning and telling the truth, we were completely ignored,” said a child referred to as Nova, whose real name was withheld. “Everyone overlooked what we had to say, and it affected us greatly. The trauma caused by family court is real.”

Inaya does not want to give up on getting custody of her child, but it’s exhausting and expensive. She’s also unsure if more hearings will even make a difference.

“I shared what my daughter had told me, ‘Papa does bad things to me.’ And another time, she had said that he doesn’t stop,” she said. “I shared this in the court.”

Pending PA bill aims to curb ‘parental alienation’ Kayden’s Law, a bill before the Pennsylvania General Assembly, looks to center child safety in custody battles that include abuse claims.

Make a difference with your donation to the National Family Violence Law Center at GW!

Your donation to NFVLC supports our year round work to lead the way on improving family courts by providing groundbreaking reseach, policy work, and professional trainings.

Our major successes include producing the first ever national empirical study on Family Court Outcomes in abuse v “alienation” claim cases and the first ever federal law within VAWA dedicated to improving protections for children in private custody (“Kayden’s Law”), followed by advancing state adoption of the federal provisions

For more about our work see our most recent newsletter https://us2.campaign-archive.com/?u=452a95991bfc3043e33176ef7&id=c287c3b994

And to make a donation (online or by snail mail) please visit https://www.law.gwu.edu/national-family-violence-law-center-giving





Thank you!

We deeply appreciate your support so we can continue our crucial work on behalf of protective parents and children. NFVLC is entirely funded by your generous contributions.

-Joan S. Meier, Esq., NFVLC Director and NFVLC Professor of Clinical Law
-Danielle Pollack, NFVLC Policy Manager
George Washington University Law School

TODAY!

This THURSDAY 4pm PT/7pm ET
please join us for our monthly NSPO live advocacy session. This month is COURT WATCHING: How & Why

Our special guest is Renee Beeker, founder and President of the National Family Court Watch Project. Renee brings decades of expertise and experience to the issue, and she will share the most effective Court Watching strategies for cases. https://nationalfamilycourtwatchproject.org/about-us

Event registration, visit & join NSPO advocacy community here https://www.nationalsafeparents.org/

*NSPO Members look for access link in the community & your inbox on Thursday

See you then!

The family of a teenager, who was at the centre of the Netflix documentary Take Care of Maya, has been awarded millions of dollars of damages in a lawsuit brought against a hospital that wrongfully kept her from her relatives, after the institution was found liable on multiple abuse charges.

Maya Kowalski, now 17, and her family sued the Johns Hopkins All Children’s Hospital and the Department of Children and Families for more than $200m when her mother took her own life after doctors at the hospital accused her of Munchausen-by-proxy.

FULL STORY .independent

https://www.independent.co.uk/news/world/americas/maya-kowalski-verdict-story-trial-b2443099.html

📢 New Report Release: "Guns and Domestic Abusers: Protective Orders and Gun Removal in Montgomery County, Maryland" - https://mailchi.mp/courtwatchmontgomery/2023-gun-report

SCOTUS heard oral argument on yesterday, an important case regarding abusers access to fi****ms. NFVLC Director Prof Meier was in the courtroom at the Supreme Court and provided comment to

“Joan Meier, professor of clinical law and director of the National Family Violence Law Center at the George Washington University Law School , was in the courtroom at the Supreme Court Tuesday. Meier said she believed that Justice Kagan asked “the most important question of the morning,” specifically requesting feedback from Solicitor General Elizabeth Prelogar, who represents the United States in front of the court, on how the court could clarify the historical test set by Bruen and what clarification was needed to avoid outlier results moving ahead. Prelogar asked the courts to look beyond legislative history for clear guidance for the lower courts to look for principles from history, not just laws that offer a one-to-one comparison; and also for guidance clarifying that when history is silent, this fact cannot be used as a presumption against the government.”

READ FULL STORY

https://19thnews.org/2023/11/rahimi-supreme-court-precedent-second-amendment-case/

READ OUR RAHIMI BRIEF & surviving parent narratives

https://www.nfvlc.org/supreme-court

Please read our brief on fi****ms & harms to children, and accompanying survivor parent narratives from

Oral argument before is tomorrow morning.

NFVLC - DV LEAP RAHIMI BRIEF
https://www.nfvlc.org/supreme-court

An important new documentary from Olivia Gentile for Insider & Retro Report is out today, on the harmful “reunification” treatments/camps which family courts often order in abuse - alienation cross-claim cases.
Our research and policy work at NFVLC focuses on tackling and correcting these systemic problems harming children in every state.
WATCH

The Truth Behind The Experimental Therapy That Kids Say Starts With ‘Legalized Kidnapping' | Insider Hundreds of children across the United States have been sent into controversial treatment programs where they’re cut off from the parent they trust and force...

On Tuesday, November 7th the Supreme Court will consider whether or not abusers under domestic violence restraining orders have a constitutional right to own guns in United States v. Rahimi. Your engagement, your advocacy, and your voices matter!

The presence of a firearm significantly increases the lethality of domestic violence situations. Knowing an abusive partner has access to to a firearm can deter survivors from seeking help or leaving the situation altogether.

Join us on the steps of the Supreme Court this Tuesday, November 7th at 8:30 a.m. and rally with us to DEMAND the protection of survivors! 🤝 💜

CONFERENCE Nov 11 London, Child Friendly Family Courts: The Way Forward

This full-day conference aims to assist professionals in developing a deeper understanding of current issues for child and adult survivors of domestic abuse involved in family court and Hague Convention proceedings, and how law and practice could be further transformed to develop a trauma-informed family justice system that prioritises their needs and welfare and amplifies the voice of the child. It will provide a valuable opportunity to build new connections and learn from others.

Our Policy Manager will speak on key policy developments advanced in the U.S. by including federal and the adaptation and implementation of its provisions in the states, including recently in CO, MD, TN, and CA


Keynote speakers:
-Reem Alsalem, United Nations Special Rapporteur on violence against women and girls
-Professor Rosemary Hunter, Kent University
-Danielle Pollack, National Family Violence Law Center, Goerge Washington University
-Dr. Charlotte Proudman, Goldsmith Chambers and Founder of Right to Equality

Organizers Survivor Family Network

We hope to see you there!
Details and registration at https://www.eventbrite.co.uk/e/child-friendly-family-courts-the-way-forward-tickets-735378194977

New Hampshire is at risk of enacting a 50/50 presumption law. Such laws do not serve children’s best interest and are especially harmful to abuse victims.

House Panel Narrowly Votes To Support Change in Child Custody Language By a narrow margin, the House Children and Family Law Committee approved an amended bill Tuesday that would require judges in child custody cases to give "approximately equal parenting time" to both parties.

NEW DV COUNCIL FORMS FOLLOWING MOM’S BRUTAL MURDER, SYSTEM FAILURE
Weeks before her death, Minogue alerted Connecticut police to 220 threatening text messages from Dewitt. But an arrest warrant was never served on him, because police and prosecutors failed to follow up with each other.

“She was doing every single thing that she could,” Danielle Pollack with the National Family Violence Law Center told News 12 Connecticut . “She was seeking help. She was going to law enforcement; she was going to the courts.”

Julie Minogue was afraid for her life.
“I’m scared he’s going to kill me,” she wrote in a November 2022 affidavit seeking a restraining order.
Weeks later, Minogue’s worst fears came true.

Milford police say her boyfriend, Ewen Dewitt, murdered her with an ax in front of their 3 year-old son.

NEW DOMESTIC VIOLENCE COUNCIL
Minogue’s murder spurred state lawmakers to create the new domestic violence council. Crisis counselors, police, court officials and legislators are aiming to identify critical weaknesses in existing law.

FULL STORY

https://connecticut.news12.com/new-council-hopes-to-close-gaps-in-cts-domestic-violence-laws