"Daddy!"
"Princess!"
"I miss you daddy!"
"I miss you too, princess. Daddy loves his
little girl."
"I love you too, daddy"
"How's my smart little kindergarten girl?"
"I want to see you, daddy, I want you to come
over, couldn't you come over soon? I want…."
The phone is wrenched away.
"This conversation is OVER!"
Dad hears the phone slammed down on the
receiver. Almost.
"How DARE you talk to that man!"
The phone must have hit the receiver off center.
The line is still open.
"How DARE you do that to me!"
The little girl begins to cry.
"I just wanted to talk to daddy."
"How DARE you!"
"I miss daddy!"
"Damn you...."
A four year-old boy is jumping up and down with
joy.
"Daddy! Daddy!"
Dad gets out of the car.
"Daddy's here! Daddy's here!"
The boy is behind a locked screen door. He tries
to open it.
"Daddy's here! Mommy, look, daddy's here!"
Dad knows he shouldn't open the door. He waits
for his ex-wife to open the door. She doesn't do
it.
"This is my visitation time," Dad says, waving a
court document.
Mom still won't open the door.
The boy jumps up and down, saying "daddy,
daddy." He yanks on the screen door handle but
still can't get it open.
Dad looks at his little boy. He pauses, takes a
deep breath, and walks back to his car.
The little boy doesn't understand. Why won't
daddy come? Why is daddy walking away from him?
The little boy disappears inside the house.
Dad calls the police. When the officers arrive
he shows them his court documents. The officers
go inside to investigate. They come out a few
minutes later.
"Your son says he doesn't want to see you," the
officer says. "There's nothing I can do. You'll
have to deal with it in the court. I can't make
him go with you if he doesn't want to."
Dad finally gets to see his kids three months
later. The children spit on both him and their
grandmother. Almost in unison they repeat "I
don't want to be here. I want to go home with
mommy, I don't want to be here. I want to go
home with mommy, I don't want to be here. I want
to go home with mommy."
After Jim L.'s wife divorced him and moved his
daughters out of state, she sent the two girls
fake or altered e-mails purporting to be Jim.
Afterwards, Jim's daughters refused to see him,
explaining only "you know what you've done, you
know what you said, you know what you wrote."
Once when Jim
flew to see his girls for his scheduled weekend
visit, his ex-wife decided at the last minute to
block the visit. Jim
flew home on Sunday without having seen his
girls. When he arrived at the airport back home
he checked his messages and found a message from
his ex-wife. On the recording his girls could be
heard crying in the background. His ex-wife
said:
"Jim, the girls are here at the restaurant
waiting for you to come pick them up. You said
you'd meet them here for breakfast and spend the
day with them, and you didn't show up. The girls
are very upset. Jim, where are
you?!?"
Bill, a divorced dad, is a retired fireman. When
his kids were young he occasionally had to work
unscheduled weekend shifts with little warning.
If an unexpected schedule change meant he had to
work the weekend of his visitation with his
children, his ex-wife would have his kids pack
for a weekend with dad anyway and sit on the
curb outside their house to wait for him. Hours
would pass waiting for dad to come, but when the
kids would knock on the door and ask mom if dad
was going to show up, all she'd say is "he'll be
here."
In the LaMusga case decided by the
California Supreme Court last year, Gary
LaMusga's son's kindergarten teacher testified
about the tactics LaMusga's ex-wife, Susan
Navarro, used to try to turn his children
against him. The kindergarten teacher testified
that Navarro asked her to keep track of the time
Gary spent volunteering in his little son's
kindergarten classroom so it could be deducted
from his visitation time with his son.
According to the teacher, the LaMusga boy told
her "my dad lies in court...if you tell the
judge...he could talk to you" and said that his
mom had told him this. The teacher testified:
"I finally sat down with him and told him that
it was OK for him to love his daddy. I basically
gave him permission to love his father. And he
seemed brightened by that…"
The teacher continued:
"The next day that Gary had seen the kids he
came to me the following morning and said,'what
did you say to him?...He was so happy. He just
greeted me with open arms...we had one of the
best evenings that we have had in a long time.'
And I just shared with Gary at that point that I
had given his son permission to love his
father....I'm not sure that he was aware that he
could do that."
In a highly publicized Houston, Texas case, a 10
year old boy shot his father in the back after
his father came to pick him up at his ex-wife's
house. The mother, Deborah Geisler, had made
numerous allegations of physical and sexual
abuse against Dr. Rick Lohstroh, an emergency
room physician. All of them had been found false
or unfounded by investigating authorities.
Geisler's own mother and brother testified
against her in court, and before his death
Lohstroh taped Geisler threatening to report
spurious child abuse charges against him.
Despite this, and despite the fact that the
mother had been jailed numerous times for
domestic violence, she nevertheless enjoyed
shared custody of their two sons. Geisler
allegedly gave the boy large doses of an
age-inappropriate drug, and the boy may well
have been drugged up when he used his mother's
handgun to kill his father. Geisler, a
registered nurse, made no attempt to render aid
to Lohstroh as he sat bleeding to death in his
SUV in their front yard. The boy goes on trial
for the murder in January.
All of these cases are examples of Parental
Alienation Syndrome—the phenomenon of a parent
(generally the mother/custodial parent) turning
his or her children against the noncustodial
parent after divorce or separation. PAS is the
focus of the controversial new PBS documentary
Breaking the Silence: Children's Stories.
The filmmakers assert that PAS "has been used in
countless cases by abusive fathers to gain
custody of their children" by accusing the
mothers of PAS. They claim PAS is "junk
science," and family law attorney Richard Ducote
states that "All experts have disavowed" PAS.
The documentary airs this week on Public
Broadcasting Service stations in dozens of major
cities, including New York City, San Francisco,
Seattle, Houston, San Antonio, Dallas/Ft. Worth,
St. Louis, Baltimore, Denver, Boston, and
Philadelphia.
Despite the film's claims, research shows that
parental alienation is a common facet of divorce
or separation. For example, a longitudinal study
conducted by Stanley S. Clawar and Brynne
Valerie Rivlin and published by the American Bar
Association in 2003 followed 700 "high conflict"
divorce cases over a 12 year period. Clawar and
Rivlin found that elements of PAS were present
in the vast majority of the cases studied.
There are many factors which create PAS,
including the "hell hath no fury" axiom as well
as personality disorders such as Borderline
Personality Disorder. However, the family court
system encourages these types of behaviors.
Judges are very hesitant to give joint custody
if there is conflict between the ex-spouses. For
this reason, many mothers create conflict
because they know that conflict will sabotage
joint custody. If the judge must award sole
custody, it will generally be the mother who
wins. Most post-divorce conflict is created by
the person who stands to gain from it.
The most extreme examples of PAS are false
allegations of sexual abuse. Canadian Senator
Anne Cools, one of the few elected officials in
North America knowledgeable about family law,
calls this tactic "the heart of darkness." The
accusations are often used—very effectively—to
deprive fathers of a meaningful role in their
children's lives after divorce or separation.
Reginald Brass, president of My Child Says
Daddy, a parenting organization which works with
young African-American fathers in Los Angeles,
says:
"We have many young fathers who are fighting in
the courts to see their children or to get joint
custody over a mother's hostility or objections.
If the man has a daughter, we always warn him
that at some point the mother will probably
accuse him of sexually molesting his daughter.
We see it every day."
When a father who has daughters does succeed in
getting a desirable custody arrangement over the
objections of a recalcitrant mother, it is
common practice among family law attorneys to
advise the father that a charge of sexual abuse
may be coming. According to a study conducted by
Douglas J. Besharov and Lisa A. Laumann and
published in Social Science and Modern
Society, the vast majority of accusations of
child sexual abuse made during custody battles
are false, unfounded or unsubstantiated.
Cools, a prominent feminist who led Canada's
battered women's shelter movement during the
1970s, explains:
"There's a plethora of cases where the mother
falsely accuses the father of sexually abusing
the child. The accusation is made in order to
gain advantage in custody disputes. Governments
are enormously reluctant to look at it. I've
studied this extensively and I've placed on the
Canadian Senate record 52 cases where there was
a finding that the accusations were false, and
there are countless more. Studies have shown
that under these circumstances false accusations
far outnumber truthful ones.
"It's a terrible, terrible thing—for the
fathers and for the children who've lost their
fathers. Some of those men will never recover
and they have spent every penny left to them to
try to extricate themselves. And I've seen
elderly parents who've spent every dime of their
retirement to try to help their sons get out of
these horrible situations."
In a strange reversal, in Breaking the
Silence the filmmakers claim that the real
problem is that mothers are being punished for
"revealing" that their husbands have molested
their daughters. The documentary centers
around Karen, who lost custody of her three
children to her husband after a court-appointed
evaluator found that she had falsely accused him
of sexually abusing them. The filmmakers claim
that the family law system "forbids" mothers
from protecting their children.
Mothers like Karen are increasingly vocal and
visible. Yet despite the film's claims, in the
few cases where a mother has lost custody for
making allegations, the courts usually had
good reason for acting as they did. The two
most famous cases of mothers losing custody of
their children after making an accusation of
sexual abuse—those involving model Bridget Marks
and sociologist Amy Neustein—are illustrative of
the point.
Marks became a cause celebre and appeared
on Dr. Phil, Larry King Live, PrimeTime Live,
and The O'Reilly Factor after she
briefly lost custody of her twin four year-old
girls last year. While she has been treated as a
hero and a victim by the mainstream media, every
judge who heard her case—all five, both male and
female—concluded that Marks had coached
her girls to believe that they had been sexually
molested by their father.
Neustein, who lost custody of her young daughter
in a highly-publicized New York custody battle
during the 1980s, is the co-author of the new
book From Madness to Mutiny: Why Mothers Are
Running from the Family Courts and What Can Be
Done About It, and is perhaps the leading
intellectual of this movement. Yet Neustein's
now adult daughter, Sherry Orbach, publicly
refuted her mother's claims earlier this year.
In her article "Silent No Longer: The Other Side
of Abuse Allegations" (Jewish Press,
5/27/2005), Orbach says that as a child her
mother made her rehearse false allegations "for
hours." She writes:
"She would begin by telling me a sordid—and
false—story about my father, such as a detailed
account about how he had molested me or about
how he had thrown me violently against a wall.
She then instructed me to repeat the story word
for word until she was satisfied with my
rendition…my mother spun lie upon lie about my
father and me…my father never sexually abused
me…reporters and alleged victims' advocates who
supported my mother chose to retell her lies
without adequately checking the facts.
"I…owe my existence as a normal young adult to
the family judges…who helped me reunite with my
father in the face of considerable opposition in
the media."
Mothers who use false allegations of sexual
abuse are playing a game they often win and
rarely lose. Cools says that of the cases of
false accusations of sexual abuse she studied,
"there were absolutely no consequences at all
for the women who knowingly made the false
accusations. Of the 52 cases in only one
case—one—was the woman punished, and in that
one she was only charged with mischief."
In Breaking the Silence we are told that
"All over America, battered mothers are losing
custody of their children," and that between 1/3
and 2/3rds of abused mothers lose custody.
In reality, mothers rarely lose custody of their
children to anyone, ever. For example, a
Stanford study of 1,000 divorced couples
selected at random found that divorcing mothers
were awarded sole custody four times as often as
divorcing fathers in contested custody cases. An
Ohio study published in Family Advocate
found that fathers seeking sole custody obtain
it in less than 10% of cases, and a Utah study
conducted over 23 years found similar results.
According to researcher Robert Seidenberg, a
study of all divorce-custody decrees in
Arlington County, Virginia over an 18 month
period failed to find even one father who was
given sole or even joint custody of his children
unless the mother agreed to it.
In the study "Child custody arrangements: a
study of two New Jersey counties" published in
the Journal of Psychiatry & Law, New
Jersey mental health experts researched
hundreds of custody cases in two New Jersey
counties, Bergen (one of the wealthiest) and
Essex (one of the poorest). Rich man or poor
man, for these New Jersey fathers it didn't
matter—in either county they won custody in
only one out of every 20 cases.
Breaking the Silence makes many
sensationalized claims about fathers winning
custody, but provides little evidence for its
claims. Misguided women's advocates often claim
that fathers usually win custody when they
pursue it, and that the reason few fathers have
custody is because few of them want it.
Boston Globe columnist Cathy Young examined
the research upon which these claims are based
and concluded that they belong in the "Phony
Statistics Hall of Fame."
For example, feminist psychologist Phyllis
Chesler claimed in her book Mothers on Trial
that fathers win 70% of custody battles.
However, this widely cited factoid was based on
a biased, pre-selected sample of 60 women who
had been referred by feminist lawyers or women's
aid groups because they had custody issues.
Other claims are based on the 1989 Gender Bias
Study of the Massachusetts Supreme Judicial
Court, which reported that when fathers seek
custody, they win primary or joint physical
custody 70 percent of the time. Yet this figure
does not separate contested from uncontested
custody bids, and showed that in bids for sole
custody mothers were still far more successful
than fathers. The study also notes that "women
who lose custody often [have] mental, physical,
or emotional handicaps"—in other words, when
fathers win it's usually only because the mother
has obvious problems.
Family courts are sharply biased against
fathers, to a degree that would not be
acceptable to any other group in any other facet
of society. One could fill
volumes with outrageous court decisions wherein
fathers and their love for their children are
held to be of no value whatsoever.
One example is the noted California case De
Brenes v Traub. In that case a divorced
Northern California custodial mother has moved
to new cities with her 13 year-old daughter
twice since her divorce. In each instance, the
girl's father generously uprooted himself and
moved to the new city to be with his daughter.
Mom then remarried and sought to move a third
time—to Costa Rica, her new husband's native
country.
The girl's father, Eric Traub, contested the
move, arguing that it would be harmful to his
daughter because she does not want to go, and
because the move would: remove her from the
special school she attends because of her
learning disability; force her to move to a
country and an educational system where she does
not speak the native language; and damage her
bonds with her father by moving several thousand
miles away.
The father, who is judged by all sides to be
very involved in his daughter's life and in her
schooling in particular, has clearly
demonstrated that he will not be able to see his
daughter very often after the move. He must stay
behind in part due to the "child support" he
must pay to the woman who is taking his daughter
away. Though stipulating a short delay, the
trial court granted the mother's request to
move. The family law system was willing to throw away
Eric Traub's 13 years of fatherhood the moment the
loving bond he and his daughter share became
inconvenient for mom.
In Breaking the Silence the filmmakers
emphasize the need to protect children from
abuse, and say that children are "most often in
danger from the father." Yet according to
studies from the US Department of Health and
Human Services and others, the vast majority of
child abuse, parental murder of children, child
neglect, and child endangerment are committed by
mothers, not fathers.
The filmmakers also ignore the large body of
research, including data from the National
Violence Against Women Survey in 1998, which
shows that women also frequently abuse their
husbands or male partners. While women's
violence against men is in general not as severe
as vice versa, studies show that women often
employ the element of surprise and weapons to
balance the scales. Yet in the film "divorced
dads" and "batterers" are practically
synonymous. The film claims without any evidence
that the vast majority of divorced dads who
refuse to cede sole (or de facto sole)
custody to their ex-wives are "abusive."
Breaking the Silence is a direct assault
on American fathers, and the minimal, hard won
gains they have made in protecting their
children's right to have their fathers in their
lives. Courts still reflexively side with
mothers and remain reluctant to grant fathers
joint custody. Many allow mothers to deny
visitation, make false allegations, and drive
fathers out of their children's lives. Most of
the alienating mothers mentioned above,
including Bridget Marks, Susan Navarro, and Jim
L.'s ex-wife, today enjoy full custody of the
children they psychologically abused. According
to the Children's Rights Council, a
Washington-based advocacy group, more than five
million American children each year have their
access to their noncustodial parents interfered
with or blocked by custodial parents.
As a society we pretend that broken families are
all men's fault, pay lip service to the
importance of fathers, and close our eyes while
millions of children are separated from the
fathers they love and need them. Because that's
what mom wants. Because it's easier to blame
everything on dad than it is to confront mom on
her destructive behavior. Because trying to hold
a divorcing mother accountable for her behavior
is like trying to nail Jell-O to a wall. Because
there's a high political cost to be paid for
crossing mothers and none to be paid for
crossing fathers. Throwing objectivity,
fairness and reason to the wind, PBS and
Breaking the Silence don't merely ignore or
minimize this problem, but instead turn it on
its head.
This is an
expanded version of a column which first
appeared in World Net Daily (10/20/05).
Jeffery M. Leving
is one of America's most prominent family law
attorneys. He is the author of the book
Fathers' Rights: Hard-hitting and Fair Advice
for Every Father Involved in a Custody Dispute.
His website iswww.dadsrights.com.
Glenn Sacks is a men's and
fathers' issues columnist and a
nationally-syndicated radio talk show host.
His columns have appeared in dozens of America's
largest newspapers.