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Pass the Protective Parent Reform Act
  • Petitioning Governor Tom Corbett

This petition will be delivered to:

Governor Tom Corbett
Congressman Keith Rothfus
Pennsylvania Governor
President of the United States
U.S. House of Representatives
U.S. Senate
Pennsylvania State Senate
Pennsylvania State House
Pennsylvania-071
State Rep. Bryan Barbin
Pennsylvania-035
State Sen. John Wozniak

Pass the Protective Parent Reform Act

    1. Kimberly Myers
    2. Petition by

      Kimberly Myers

      South Fork, United States

Many cases of child abuse arise in the midst of custody disputes. It is a common and devastating error for children and youth agencies to assume the allegations are false. Children are frequently removed from nonoffending families and placed in foster homes. An already traumatized child needs the love and support of family in these situations, but the child’s needs are often ignored. Protective parents are forced to undergo psychological evaluations by court-appointed evaluators, and are often diagnosed as having mental health issues. These evaluators ignore the fact that a parent faced with the abuse of their child would undoubtedly have reactions such as fear, paranoia, lack of trust, and anger issues, but these are the “disorders” that are used against protective parents in the family courts. After-effects of abuse situations, such as post-traumatic stress disorder, depression, anxiety, or anger issues should not be used against victims or protective parents by evaluators (Sankaran, 2009). The Leadership Council is a nonprofit scientific organization composed of national leaders in psychology, psychiatry, medicine, law and public policy. Members of the Council are dedicated to the health, safety and well- being of children (Dallam & Silberg, 2006). Dr. Paul Fink, the president of the Leadership Council on Child Abuse and Interpersonal Violence described the theory of Parental Alienation Syndrome (PAS) as “junk science at it’s worst.” (as qtd. by Dallam & Silberg, pg. 2, 2006). The PAS syndrome can be traced to controversial psychiatrist Richard Gardner, who described sex between fathers and their children as normal and natural. Gardner blamed society’s “overreaction” to sexual abuse as the reason for children’s suffering. The development of the PAS theory came about while Gardner was working as a paid custody evaluator for men accused of sexually abusing their children. According to Dallam, “the syndrome was created as a defense theory to counter a child’s allegation of sexual abuse” (p. 10). Gardner made recommendations to family court judges that diagnosed children who revealed sexual abuse as “mentally ill”, and blamed the protective parent for causing the disorder. (2006). Richard Gardner never submitted his theory to testing and the only purpose was to deflect attention away from abusers. PAS allegations are a strategy for child abusers to fool the courts, attorneys, custody evaluators, and child welfare agencies into believing that protective parents are crazy when they express concerns for the safety of their children. Silberg (2006) has seen firsthand the long-term emotional damage caused by Gardner’s so-called theory: How do you explain to young children forced to live with abusers why the courts have considered them liars and ignored their cries for help? (p. 9). These children have been betrayed by the very system designed to protect them. The PAS theory undermines rational decision-making in the family court system when considering the best interests of children. Dallam and Silberg state that in a report by the American Judges Foundation, 70% of the time an abuser who requests custody is able to convince the court to grant it to him or her (p. 10). Many people believe that sexual abuse allegations in custody litigation are an epidemic. However, research has consistently shown that sexual abuse allegations in custody disputes are not common. The available evidence refutes the notion that allegations in custody cases are made by a parent who is vindictive or seriously impaired. “There is no evidence from present research that a significant number of parents are lodging fabricated reports to win custody battles” (Dallam & Silberg, p. 3, 2006). Many children have been prohibited from any contact with the parent seeking to protect the child from further abuse, even when there are no allegations of harm or abuse by the protective parent. In most cases, the child’s allegations are credible and physical evidence of abuse verifies the child’s disclosures. In many cases, the courts continue to ignore valid evidence. Dallam and Silberg noted a two-year study by the Research Unit of the Association of Family and Conciliation Courts that explored the incidence and validity of sexual abuse allegations in custody litigation. Twelve states participated in the research and confirmed that only 6% of custody cases involved sexual abuse allegations. Half of those allegations were believed to be true. Of the protective mother’s who initiated allegations of abuse, only 1.3 % was determined to be intentionally false (2006). Also noted by Dallam and Silberg was how the PAS theory made Gardner a very wealthy man for supporting alleged abusers at a rate of $500 per hour. Gardner made recommendations to family court judges that children who alleged abuse should be deprogrammed, mothers who reported abuse should receive threat therapy, and abusers should be granted full custody. Dr. Richard Gardner committed suicide in 2003 by plunging a seven inch butcher knife into his neck and heart. The family courts continue to punish protective parents because of lax standards that allow junk science to influence custody decisions (2006). Sexually abused children suffer emotionally and physically from the trauma of abuse. Many children are diagnosed with symptoms related to post-traumatic stress disorder and dissociative disorder, and therapeutic intervention is necessary in the healing process. Society needs to further address the needs of sexually abused children, prevent further victimization, and provide improved ethical and legal standards of protection. Reform is desperately needed for protective parents who face scrutiny in the court system, when attempts are made to stop the abuse of their children. Child abuse and custody litigation are separate issues, and the sexual victimization of children is a criminal matter, not a family court matter. Abused children need validation for the suffering they endure, protection through the court system, and a society that does not condone violence or the abuse of children. Children must be afforded the right to a childhood that is free from abuse, and the only way to stop the abuse…is to stop the abusers.

Please support the Protective Parent Reform Act introduced by Richard Ducote.

Recent signatures

    News

    1. Reached 250 signatures

    Supporters

    Reasons for signing

    • Lynn Lombardozzi BETHLEHEM, PA
      • 2 months ago

      I have three judicially kidnapped children ... taken out of secret meetings and secret conferences... My babies and I were void any due process ... no hearings, no trial, no home study, all kinds of ex parte was going on, an evaluator was assigned behind my back where NOBODY LISTED US FOR CUSTODY COURT .. .and that evaluator was a serious CONFLICT OF INTEREST .. he claimed I took a psych test for him with terrible results but I DID NOT complete any psych test for him !! ... he was my DHS/CPS CONTRACTED EAP provider and he was 'client' working with me on grievance matter during the time he engaged in these judge appointed services.... he did not come to court to testify or be cross-examined... no evidence was ever presented in court of anything... my co-workers from DHS/CPS were congregating in public, hanging out with my serious abuser husband who had attempted my life in 2005, then in 2008 he detailed how he would kill my 12-year old Aspbergers son, then on March 21 2010 after having no contact allowed with the children PRESIDENT judge gave him back open visitation and within 48 hours was first visitation at which he threatened that "I will do whatever it takes... YOU WILL NOT BE GETTING THESE CHILDREN BACK ALIVE!!" --- that he was going to kill them ? or me ? .... and all violation of what this Act lists and stands for.

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    • Roseann Hemsath BURLINGTON, KY
      • over 1 year ago

      We have been fighting for over 9 years for my 2 grandaughters who have been sexually abused by a Boone County Ky Sheriff; who has been protected by the system. Both girls have been diagnosed with PTSD due to their ignored long term abuse. Additionally the youngest victim has also been diagnosed with coloitis due to the stress in her life. We need help to get justice for these girls. We had Richard Ducote for few years, he is an excellent attorney!! God Bless you in your own situation.

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    • jodi burger BRANCHVILLE, NJ
      • over 1 year ago

      I have had the same biased judge for the past five years. Instead of ordering a psych evaluation for my ex after he broke down our daughter's bedroom door and ripped her thermostat off the wall, he gave him additional parenting time with our son. He makes excuses for my self-employed deadbeat ex-husband who owes $17,000 in child support. He still sees the kids and is constantly bringing me to court. Judges don't enforce the orders they sign.

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    • Cherokee maple KALISPELL, MT
      • almost 2 years ago

      hey took my rights away over hear say not by proff now my son lost his leg in the care f cps kalispell mt

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    • Cherokee maple KALISPELL, MT
      • almost 2 years ago

      cps kalispell mt , My son lost his leg being in foster care, Plus my babes always came to visits with a cut tongue and marks on them.

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