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American Novelist Talia Carner: "The Scandal In Our Own Backyard"

By Indianashame Teardropsforkatelynn - Nov 8th, 2008 at 11:41 am EST

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Tags: abuse, abuses, child, civil, constitutional, discrimination, Domestic, human, rights, violence

The Scandal in Our Own Backyard http://www.vibrantn ation.com/ interviews/ 2008/08/26/ the-scandal- in-our-own- backyard/ The scandal in our own backyard by Talia Carner Talia Carner, a novelist and an advocate for child victims of the legal system, is the author of Puppet Child, a legal drama about a mother trying to save her daughter from the legal system’s justice. Learn more by visiting her website, www.TaliaCarner. com. “There is something bad happening to our children in family courts today that is causing them more harm than drugs, more harm than crime and even more harm than child molestation,” said Judge Watson L. White from Cobb County, Georgia, Superior Court. In researching for my book, Puppet Child, I discovered that “something bad” to be the judges, especially when it comes to adjudicating allegations of child sexual abuse. In Clarke v. Cowles in California, eight-year-old Loren (not her real name) told her caseworker and later her psychological evaluator in graphic detail how her father had sexually molested her. The first report was suppressed by the judge, the latter was never presented at the trial. The father was awarded full custody while the mother received supervised visitations on the unproven assumption that she had brainwashed her daughter. Years later, after the girl wrote repeatedly to her caseworker about molestation, a judge refused to hear the evidence because the question of sexual abuse had been decided five years before. Loren is only one child out of thousands being handed to their abusers. According to The American Judges Foundation, in 70 percent of cases in which abusive men ask for custody, they succeed in gaining full or joint custody. This national scandal is made possible by the secrecy within the Family Court System and by public disbelief in the scope of the problem. The very system designed to safeguard helpless children has become a national disgrace as injustice has reached epidemic proportions. Whatever you have ever known about democracy becomes irrelevant at the gate to family court. There, one person is judge, jury and executioner. Paradoxically, a family court judge is the one professional in the courtroom who is not required to be trained in domestic violence and child abuse. As a result, wrapped in their own mix of prejudices, religious beliefs, or misguided assumptions, all too many judges are ignorant about the dynamics of family abuse, ignorant about the nature of child molestation, and ignorant about the ways in which an abuser manipulates the courtroom as the arena where he can hand a woman the final blow by taking her children away. Although studies such as the one by the Association of Family and Conciliation Courts Research in Denver—an organization which mothers’ groups claim is biased against women—shows that at least two thirds of sexual abuse allegations made by a child were proven to be substantiated (the one third unsubstantiated are not necessarily false.) Yet a study by the California Protective Parents Association found that 91 percent of fathers identified by their children as sexual predators received full or partial unsupervised custody—while in 54 percent of these same cases the non-abusing mother was placed on supervised visitations. How is that possible? Here are some of the more glaring errors the courts perpetuate: * Viewing children as property. When the crime of sexual abuse is committed upon a child who lives next door, the perpetrator is subject to harsh jail punishment. The same abuse committed upon one's own child is likely to result in a father getting sole custody. Behind this unfair ruling is the lingering feudal tradition that regards children as the property of their fathers. * Mistaking controlling men for loving fathers. Used to getting their way and given to expressions of anger, controlling men fight hard in the court they regard as a boxing ring. Having seen too many men walk away from their children, judges often mistake for love a father’s unwillingness to let go of the child who has become both a sexual object and a weapon against a mother trying to get away from her husband’s control. * Favoring the Parental Alienation Syndrome theory. PAS maintains that a child has been brainwashed to give false testimony. Not listed in the American Psychiatric Association manual, PAS is refuted and considered bogus theory by nationally recognized academic and clinical institutions— and by a 1999 Congressional act (VAWA). In fact, the lone advocate who coined the term, Richard Gardner, has also written that “pedophilia is natural.” Nevertheless, increasingly, legions of children are removed from their mothers’ care under the PAS theory. * Tolerance of child sexual abuse. A Tennessee judge granted visitation rights to Ralph Gonnella two weeks after he had been arrested for taking sexually explicit photographs of his seven-year-old son. In California, Manuel Saavedra, a convicted sex offender who had pleaded guilty to lewd conduct with a child was awarded custody of his two daughters. All across America, convicted pedophiles—a crime known for its high rate of recidivism —are given access to their children. * Refusing to stigmatize a man as a pedophile. A 1996 report by The American Psychological Association states, “women seldom make false reports of child abuse or battering.” Yet in case after case, when a father is found to be sexually abusive, judges suppress evidence. While many judges, many of whom are fathers, do not truly believe that sexual abuse exists, they also do not wish to venture into the criminal arena of pedophilia due to overlapping jurisdiction between civil and criminal courts. * Not following the law. In demanding burden of proof of sexual molestation that supercedes the required “preponderance of evidence” and instead seeking the criminal definition of “beyond a reasonable doubt,” judges often demand dates, times or witnesses that are impossible for a child to provide. Interestingly, the same judges demand no proof when speculating that at the roots of the sexual abuse complaint is the mother’s coaching the child. * Misogyny. In Virginia, Kathy Wade was told by the judge handing Kathy’s two-year-old daughter to the sexually abusive father, “This is what you get when you don’t have a lawyer.” In Florida, Judge Paul Marko told Marianne Price: "The singles' bars are full of guys… you go and find one.” In Michigan, Judge Gregory Pittman ordered a couple shackled together after the woman complained that her former husband had violated the order of protection. Routinely, American women are denied the right to due process, are subject to ex parte hearings, and are victims of perjury or illegal out-of-state jurisdictions. Through it all, children are at a disadvantage because they are dependent upon mothers with no or poor legal representation and who are short on financial resources to wage protracted legal battles and appeals. (Professionals in the field report increasing support for men from well-financed fathers’ groups.) Moreover, men, poised and collected and surrounded by a legal team, “look good” in court when compared with frightened, distraught mothers, whom judges often view as hysterical, paranoid and vindictive. Yet all across the nation, behind every case in which a woman’s constitutional rights are being ignored in family court there are children needing protection. Instead, they receive a life sentence without parole. Public disbelief guards the system from exposure. There are child services, therapists, and legal guardians who commit atrocious mistakes. But ultimately, the untrained judges are the ones responsible for saving the children. While I met compassionate family court judges, the shocking overall picture of injustice indicates that they are in the minority. Until the public grasps the scope of the scandal in our own backyard and holds judges accountable for the grand scale in which children are being removed from the custody of good mothers to be placed with pedophiles, we are facing a national shame of catastrophic proportions. Talia Carner, an advocate for child victims of the legal system, is the author of Puppet Child, a legal drama about a mother trying to save her daughter from the legal system’s justice. Visit Talia's site,www.TaliaCarne r.com. Learn more about child abuse issues on Talia's website Tags: abuse, abuses, child, civil, constitutional, discrimination, domestic, human, rights, violence

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totaly stupid | Report to Admin

By C from Middleboro, MA Nov 10th 2008 at 6:34 pm EST (Updated Nov 11th 2008 at 4:22 pm EST)

Deleted by Admin No name calling, insulting each other or intimadation is accepted it will be deleted. If you wish to dialogue that is fine but I will not have this behavior on this blog. Thank you for your understanding and compliance with these rules.

so this woman is a good mother? | Report to Admin

By C from Middleboro, MA Nov 10th 2008 at 6:45 pm EST (Updated Nov 10th 2008 at 6:45 pm EST)

what about the woman who threw her kids off the bypass bridge
i suppose she was ok to do that right?
---------------- should we forgive her?------------
Police are still searching for answers as to why a mother would throw her two young sons - and then herself - off a bridge and into oncoming traffic.

It happened about 6:30 Wednesday morning on the Jim Miller Bridge over Interstate-30 in Dallas. Khandi Busby and her two sons, ages 6 and 8, all survived, but that same night family members and witnesses were still in shock.

Busby now faces two counts of attempted capital murder. Her criminal record lists past arrests including robbery, assault and burglary. Her sister says she wishes she had sought help before it was too late.

wow she is a great mother...

Re: so this woman is a good mother? | Report to Admin

By Indianashame Teardropsforkatelynn Nov 11th 2008 at 4:16 pm EST (Updated Nov 11th 2008 at 4:16 pm EST)

I do not assume this one women represent all women anymore than I think all women batters represent all men. That would not be realistic. I do believe from the studies that this is a problem. Historically the poorer segments of society having been a breeding ground for illegal judicial activity I refer you to the 1930's californai railway children, or the city of rosewood that was wiped out or many other such things that was a civil rights violation in America's past. Lets not make this another part of American history we have to be ashamed of let us stop this now bring out in an open forum, where all the evidence is fairly presented and let It not be about sides. Child abuse is wrong no matter who does it. I am not interested in adult rights. Adults are fairly at getting rights I am only interested in the abused child's rights and hopefully ultimately that should be everyones goal is the right of the child to be safe.
Child abuse is not gender specific. Let all adults stop talking about adult rights and lets get to what is the real issue THE CHILDS RIGHT TO BE SAFE!
Those who are just interested in proving they are right are part of the problem. This are books and documentaries and so forth if your only point is to say that there are some good men, well you state the obvious. It is not the good fathers but the ones who battering that are the concern and let tell you I do believe there are good ones but I recognize that this is court ordered silencing of the abuse of the children is going on.
If you are one of the good fathers your objective should be the same the safety of the children and that should be all our goals and nothing less!
I would no more state to you that some batterers are women than the man in the moon because that would be unrealistic and irrational and these batters should be subject to the same federal and state criminal laws that their male conterparts are without question! So let this all be out in the open and keep all above board. If there is no inpropritey going on than there should be no reason to hide it.
"What profit it you to be right if you thereby

Superior Scholastic award | Report to Admin

By Anonymum from Beverly Hills, CA Jan 4th 2009 at 4:25 am EST (Updated Jan 4th 2009 at 4:25 am EST)

Congratulations we have decided to pick you for the Superior Scribbler Award:

We received this award from a wonderful blog Battered Mothers Lose Custody & Randi James and we are honored Battered Mothers Lose Custody and Randi James chose us as one of the 5 to receive this great award! This is a great way for us bloggers to visit other great sites and get visitors to our own! Hats off to both of them and to the scholastic scribe!

So we too shall dish it out in turn:

There are conditions attached to the Award, however. The rules are simple:
1. Each Superior Scribbler must in turn pass The Award on to 5 most-deserving Bloggy Friends.
2. Each Superior Scribbler must link to the author and the name of the blog from whom he/she has received The Award.
3. Each Superior Scribbler must display The Award on his/her blog, and link tothis Post, which explains The Award.
4. Each Blogger who wins The Superior Scribbler Award must visit this postand add his/her name to the Mr. Linky List. That way, we’ll be able to keep up-to-date on everyone who receives This Prestigious Honor!
5. Each Superior Scribbler must post these rules on his/her blog.

Now, our choices for our fave five:

1. UAADV - For their dedication to assisting victims of domestic violence and raising awareness. Keep up the good work!

2. Parent Alienation Witch Hunt- For exposing Parent Alienation for what it is - a witch hunt targeting mothers and children. Keep up the fantastic work!

3. Family Court Crisis - Abusers Getting Custody - For providing up to date sources and awareness on how abusers are getting custody of the children and how the court fails to protect them. Keep up the wonderful work!

4. Zoompads Blog - For creating awareness about pedophile organizations internationally and the corruption in the UK Court system.

5. Indianas Shame Teardrops for Katelyn - For Writing about the human rights abuses of womena and children in the family court. Keep up your amazing work!

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