Posts Tagged ‘Child Custody’

Parental Alienation Syndrome and Sexual Allegations in Divorce

During the crisis of divorce, most parents do their utmost to protect their children. Parents reassure their child they are loved and the divorce is not the child’s fault. Most parents seek a healthy relationship between both parents and the child.

Identification of Parental Alienation Syndrome

Identification of Parental Alienation Syndrome

By doing so, both parents are truly engaging in the best interest of the child. When one parent makes a decision about the child’s well-being and the other parent is not present, that parent who is not present should support the other parent’s decision. When one parent is not present, the other parent should talk kindly about the absent parent in front of the child, and keep their divided loyalties and negative feelings about the absent parent being absent from the child. When both parents are seeking the best interest of the child, both parents try to strengthen their relationship with their child. This is the goal of the attorneys, Family Courts, and parents (in theory) as well.

“However, any number of events can destroy the fragile balance of peace between parents. If this happens, an injured parent may seek comfort by aligning with the child, especially since [h]e or she may feel threatened by the children’s love of the other parent” (Darnell, D., North Dakota Law Review, 1999)

Divided loyalties occur when competition between the parents concerning the child’s well being is involved. The reasons for the competition could be almost anything from minor to severe. As an example, one parent may feel they are loosing “total care custody and control over their child. When in fact the parent is very controlling and over attached to their child and will not share parenting with the absent parent. The competition is based on the parents psyche and their own reality of the existing family dynamic between the parents and the children. Custody litigation or struggles for parenting time [and favor] creates unavoidable competition between the parents.” (Darnell, D., 1999) “Afraid of losing custody, a parent may feel an urgency to align with the children to help ensure victory. The other parent may retaliate with an insurgence of passion for winning their cause.” (Darnell, D., North Dakota Law Review, 1999)

Parental Alienation Syndrome (PAS) Introduction

Parental Alienation Syndrome also known as (PAS) is a disorder that arises primarily in child custody disputes. Its primary manifestation is the visible [parents] (Darnall, D., 1999) …campaign of denigration against the other parent, a campaign that has no justification.

It results from the combination of programming (brainwashing), parent’s indoctrination’s and the child’s own contributions to the vilification of the targeted parent. (Gardner, R., 2001) PAS concepts and dynamics include a complex network of involvement and motives on the part of all members acting in this PAS family dynamic.

Each family member that engages in PAS usually develops his or her own role in PAS relationships prior to the dissolution or separation of the family. Early identification of a child suffering from PAS can diminish a child’s psychological damage. Early identification will allow a child to recover their true relationship with the targeted parent. There is a point of no return for the child psychologically. Enough psychological damage can be done to the child, wherein the child may never recover from the indoctrination of falsehoods and vilification of the targeted parent. Early Identification and treatment diminishes the harm caused psychologically to their child and the targeted parent. PAS primarily manifests itself in divorce and family separation cases.

There has been frequent professional and academic writing on PAS. Currently, “The Diagnostic And Statistical Manual Of Mental Disorders” does not recognize Parental Alienation Syndrome; therefore, some of the professional and academic writings on PAS may or may not be professionally and academically accepted. There is some disagreement between expert authors in this area of behavioral science, as to the definition of PAS. However its presence is still unmistakable. There are two levels of case law that “expert” witnesses are required to meet, before they may be examined and considered as “expert witnesses”. “First they must meet, Daubert v. Merrell Dow Pharmaceuticals, Inc., 113 S. CT. 2789 (1993), wherein an expert has to have a sound understanding of their expertise. Secondly, Fry v. United States, 293 F. 1013 (D.C. Cir.1923), The expert not only has to have a sound understanding of their expertise; the expert also needs to be well published in their area of expertise, and be well accepted in their professional and academic community”. (Hillaker, F., THESIS, 1999) “In a longitudinal study of 700 “high conflict” divorce cases followed over 12 years, it was concluded that elements of PAS are present in the vast majority of samples” (Bone, J., Walsh, M., Florida Bar Journal, Family Law Column, March, 1999) and (S.S. Clawar and B.V. Rivilin, Children Held Hostage: Dealing with Programmed Brainwashed Children, A.B.. (1991).

PAS Introduction to Behavioral Investigative Methods

PAS investigations can be divided into two main areas: Adversarial and Non-adversarial. Non-adversarial investigations are those investigations that Friend of the Court conducts pursuant to statutory law. Friend of the Court interviews whether both parents have retained attorneys or not.

In adversarial child custody investigations, the investigator is hampered with one dilemma: Both parents (legal parties) are being represented by attorneys; therefore, it would be unethical and illegal to interview both parents. The only parent the investigator can interview is their client.

Children who are affected by PAS may often exhibit behaviors such as … refused visits, expresses unjustified hatred towards of the targeted parent, displays no fear of the court, harbors irrational beliefs shared by the alienating parent, and cannot see any good in the targeted parent. (Darnell, D., North Dakota Law Review, 1999) Dependent on the motives of the child, the alienation is worse, if the child is older. The child may internalize and mimic or copy the alienating parent’s behavioral patterns. With the child mimicking the alienating parent, those behaviors reinforce the alienating parents PAS behaviors. There are actually two personas now engaging in PAS; the parent who facilitated PAS and the child who is interacting with the PAS initiator parent.

Identification of PAS in Child Custody Cases

The eight primary symptomatic manifestations and three stages of Parental Alienation Syndrome:

There are 8 primary symptoms of PAS:

  1. Campaign of Denigration
  2. Weak Frivolous, or Absurd Rationalization for the Depreciation
  3. Lack of Ambivalence
  4. The Independent – Thinker Phenomenon
  5. Reflexive Support of the Alienating Parent in the Parental Conflict
  6. Absence of Guilt
  7. Borrowed Scenarios Spread the Animosity to the Extended Family of the Alienating Parent. Other Symptoms may include, Transitional Difficulties at the Time of Visitation, Behavior During Visitation, Bonding with the Alienator, Bonding with the Alienated Parent.

The level of PAS is based on the child’s behavior and not on the degree of indoctrination. The indoctrination can be divided into three levels; mild, moderate, and severe. (Gardner, R., 2001, American Journal of Forensic Psychology) The child’s behaviors are learned from their observations of the alienating parent.

Predictors and Evaluators

Parental alienation syndrome varies in severity. There are three levels suggested:

Caution: Generally, No One PAS Identifier Means There Is PAS Within A Family Unit. You Need Several PAS Identifiers To Indicate PAS

“The best predictor of successful alienation is related to the successful [child's] alienat[tion] from the other parent” (Bone, J., Walsh, M. Florida Bar Journal, March 1999, *44 Parental Alienation Syndrome: How To Detect it and What to Do about It, page 5) If child custody is highly contested, any number of these PAS behavioral elements may be exhibited; however, no one PAS behavioral element indicates PAS. You need to identify several PAS elements to identify that PAS is active within a family dynamic.

First , naive alienators are parents who are passive about the children’s relationship with the other parent, but who occasionally do or say something to alienate or reinforce alienation. Most well meaning parents will occasionally be naive alienators.

Second, active alienators are those who know better than to alienate. Their difficulty is that the hurt and anger they feel continues to fester. They are very vulnerable to triggers, usually pushed by the ex-spouse, causing the parent to lose control over his or her behavior or what he/she says to the children. After they have calmed down and see reason, they may feel very guilty about how they behaved.

Third, obsessed alienators have a fervent cause to destroy the targeted parent and any vestige of relationship the children may have had with the targeted parent. Rarely does the obsessed alienator have enough self-control or insight to recognize how his or her behavior is hurting the children. In fact, he or she feels justified: His or her crusade is to protect the child from evil of the court and the targeted parent. A qualified evaluator may observe the obsessed alienator’s beliefs are irrational and even decisional. The obsessed alienator is always looking for support and affirmation that his or her cause is justified from so-called experts. These are usually the parents who bring an entourage of supporters, including the child, to court without being asked to do so by the court or attorney.

(Darnell, D., North Dakota Law Review, volume 75, (1999 1-3)

Child custody cases that may exhibit PAS are usually heavily litigated. Accusations, counter accusations, allegations of physical and or sexual abuse have seriously eroded the family dynamic, causing the family court to search endlessly for an answer.

By looking beyond the accusations, allegations and hysteria, by examining the family dynamics in depth a behavioral investigator will be able to identify consistent deviant behavior over time. Those family dynamics are those interactions, you may begin to identify PAS indications. It is important to conduct a systematic thorough inquiry, starting at the beginning, before the family separated. By comparing that interaction to the review of the PAS literature you may be able to identify PAS.

In child custody cases where a disposition is agreed upon by parents, attorneys and or ordered by the family court, placement is usually decided by the adults and not the children.

This is generally because of the developmental stages of the minor children. When the family court order includes visitation of the child, for a non custodial [alienated] parent, the child who has been exposed to PAS, and is brain washed, the visiting child in the non-custodial home may experience an extreme disturbance, while in the non-custodial home.

Behavioral Issues And Testing for PAS Investigationaly

Criteria Necessary To Detect PAS

Criteria 1: Access and Contact Blocking.

  1. Blocking access or contact between the child and the visiting, absent, or non custodial parent.
  2. One reason the visits are being blocked or refused, is because of a protection issue. The alienating parent may give various reasons why they are protecting the child from the other parent.
  3. One parent may argue the parental judgment is inferior, and the child is worse off, by the other parent visiting.
  4. Physical and or sexual abuse may be suggested by the alienating parent.
  5. The alienating parent may be working the legal system to revoke the alienated parent’s parental rights.
  6. The alienating parent may refuse visits because the child needs time to adjust from the last visit.
  7. The alienating parent may feel superior to the alienated parent.
  8. Mental illness may cause the alienating parent to be paranoid of the other parent.
  9. The alienating parent may claim this visitation is an inconvenience.
  10. The alienating parent seems to be targeting the alienated parent for no apparent reason.
  11. The parents may be in contention over dissolution of the child custody case.(Bone, J., Walsh, M., *44 Parental Alienation Syndrome: How To Detect It and What To Do About It, Florida Bar Journal, March, 1999)

Behavioral Identifiers: A separated family or divorced family unit is still a family, based on past family relationships; therefore, if the family is divided the family dynamic is changed, but still remains intact for life. The alienating parent is acting as the gate keeper to the alienated parent for their child’s contact or visits. If the child has been exposed to PAS, and a substantial period of time goes by and the alienated parent has not visited their child.

There is a strong likely hood the child will be negatively affected by the alienating parents introduction and engagement of PAS. The younger the child the more severe the psychological damage can be to the child, if PAS is not identified and treated early. If the parental dynamic is not engaging in a co-positive parental relationship, PAS may be working within the family dynamic.

Criteria II: Unfounded Abuse Allegations

  1. The alienating parent may make false allegations of physical or sexual abuse.  (see false allegations of physical and sexual abuse)
  2. There are small children involved in the family dynamic, who are vulnerable to psychological manipulations by the alienating parent.
  3. When a Child Protective Services or Police report of physical, neglect and or sexual abuse is unfounded.
  4. Sexual abuse may be more prevalent, because physical abuse leave more signs than sexual abuse, per sae.
  5. The alienating parent accuses the alienated parent of emotional abuse.
  6. There may be motives for false allegations based on other behavioral indicators such as one parent introducing the children to a new significant other.
  7. A parent normally accusing another parent of physical, sexual abuse, would be cautious for the allegation. The alienating parent on the other hand will vigorously pursue the allegation.
  8. If parents are engaging affirmative support for one another probably are not engaging in PAS.
  9. If the parents are giving each other the benefit of the doubt, PAS is probably not present.
  10. Lack of remorse or concern by the alienating parent to the absent parent about the allegation.

(Bone, J., Walsh, M., *44 Parental Alienation Syndrome How To Detect it and What To Do About It, Florida Bar Journal, March, 1999)

Criteria III: Deterioration in Relationship Since Separation

  1. Was there a positive relationship between the minor children and the absent parent?
  2. Since the separation has the relationship with the absent parent deteriorated?
  3. If, so what caused the relationship of the absent parent to deteriorate?
  4. Is the absent parent attempting to maintain a positive relationship with their child?
  5. Does the alienating parent want the absent parent involved in their children’s lives?
  6. Children do not naturally lose interest in the absent parent. If the child is alienated from the parent, what is causing the child’s lost interest?
  7. If the relationship between the child and the absent parent was strong and healthy and it is now eroded, something is causing it.
  8. Identify the parents and children’s relationships pre and post dissolution of the family.
  9. Thoroughly examine the family dynamics pre separation
    (Bone, J., Walsh, M, *44 Parental Alienation Syndrome: How To Detect It And What To Do About It, Florida Bar Journal, Mach, 1999)
    In phase III of the family dynamic, if PAS is not thoroughly investigated prior to the separation of the family, the consequences can be psychologically devastating to all of the family members.

Criteria IV: Intense Fear Reaction by Children

This criteria is more psychological than the other three criteria.

  1. Is the child experiencing fear when going to visit an absent parent? If so, why?
  2. Is the child afraid of displeasing the alienating parent by going to visit the absent parent?
  3. Is the child obedient to the alienating parent and not the absent parent?
  4. Is the alienating parent placing the child in a position of having to act as their agent, and having the child inform on the absent parent.
  5. Does the child seem to choose one parent over the other?
  6. If the child expresses fear when visiting or talking about the absent parent?
  7. Does child express fear they will be abandoned?
  8. Does the child indicate they are in a constant state of being upset, or being threatened? If so, by whom?
  9. Is the child exhibiting acting out behaviors by defying the absent parent?
  10. When the child is given a choice of visitation, the child will choose the alienating parent, because of loyalty.
  11. Does the child feel abandoned, if so why? The why has to be thoroughly explained, because the child may feel this, but does not know why.
  12. Does the child opt out of making a choice of who they might visit?
  13. Is the child manipulative?
  14. Is the child attached psychologically to the parents? If so who?
  15. Does the child seem to be expert in reading other people behavioral indicators? (please keep in mind the child’s maturity development)
  16. Does the child lie, or tell partial truths, and act out their lies?
  17. Does the child seem to be in survival mode psychologically?
  18. Does the child seem to mimic the alienating parents actions and/or feelings?
  19. Does the child vilify one of their parent(s) if that parent is absent, if so which one, and why?
  20. Does the child join with a parent and verbally attack the other the absent parent?
    (Bone, J., Walsh, M., *44 Parental Alienation Syndrome: How To Detect It and What To Do About It, Florida Bar Journal, March, 1999)

Parental Signs of PAS

  1. Supporting the child’s refusal to visit the other parent.
  2. Allowing the child(ren) to choose who they want to visit.
  3. Telling the children about why the marriage failed.
  4. Refusing the other parent access to medical and school records or schedules of activities.
  5. Blaming an ex-spouse for not having enough money, or other inadequacies in the child’s and alienated parents life.
  6. Refusing to acknowledge the child has personal property and denying the child control over taking their own personal property to the other parents residence.
  7. Ridged enforcement of the visitation schedule for no good reason other than getting back at the other parent.
  8. Assuming the ex-spouse is dangerous because they had made threats during an argument
  9. False allegations of sexual abuse, drug and alcohol, or other illegal activities.
  10. Asking the child to choose one parent over the other.
  11. Suggesting adoption or name changes, should a parent re marry.
  12. Giving children reasons for feeling angry toward the other parent, even when they have no memory of an incident that would provoke the feeling.
  13. Special signals, secrets, words with unique meanings.
  14. An intention to use the child as a witness again the other parent.
  15. Asking the child to spy on the other parent.
  16. Setting up temptations to interfere with visitation.
  17. Asking the children about the ex-spouses’ personal life.
    (Darnell, D., Parental Alienation: Not In The Best Interest Of The Children, North Dakota Law Review, Volume 75, 1999)

Children’s Signs of PAS

  1. Hatred towards the target parent.
  2. Parroting the alienating parents comments about the absent parent.
  3. Refusing to visit or spend time with the absent parent.
  4. Having similar beliefs as the alienating parent about the absent parent.
  5. Having decisional or irrational beliefs about the absent parent.
  6. Not being intimidated by the courts authority.
  7. Reasons for not wanting to have a relationship with targeted parent, based on what the alienating parent tells them.
  8. Difficulty with the targeted parents visits by the child.
  9. Hatred exhibited from the child to the targeted parent, and the child can not give a good reason for the hatred.
  10. The child does not feel guilt about their behavior towards the targeted parent.
  11. Sharing the alienating parents cause to destroy the targeted past relationship with the child.
  12. Hatred towards the extended family of the targeted parent.
    Darnell, D., North Dakota Law Review, Volume 75, 1999, Parental Alienation Not In The Best of The Children)
    Sexual [Abuse] Allegations In Divorce, “SAID”

A secondary Syndrome In divorce, that has emerged in the last twenty years, is Sexual Allegations In Divorce or SAID. SAID, is false allegations of sexual abuse against a parent for sexual abuse of a child ” … [SAID] is often used by women to engage in consistent deviant behaviors over time. PAS is used more often than allegation of physical use, inasmuch as there is often no physical violence. (www.falseallegations.com/parental.htm) In many states, “physical evidence is not required for proof of child rape”. A parent who is working exhibiting a combination of PAS and SAID behaviors, may expand parental alienation syndrome to include false sexual allegations. False sexual allegations are often made by the alienating parent, through vilification of the alienated parent. False allegations of sexual abuse by the alienating parent make it easier to maintain, a complaint against the alienated parent. The alienating parent engages police or a governmental agency to carry out the SAID and PAS vilification damage to the other parent. It is actually easier and less time consuming to make false allegations complaint of sex abuse, involving a minor. Government, with their police, child protective services workers, foster care workers, and victim’s rights workers have more resources than does a alienated parent. Making it difficult for an alienated parent to legally fight against these mounting accusations and government. It  seems that the alienated parented is a butterfly fighting against a gorilla.

Motivations of parents who engage in SAID can be fear of losing their parental identify, loss of family structure, envy, revenge (www.false allegations.com/parental.htm), mental illness. Austin also claims that the false allegations coupled with leading questions or suggestive counseling result in children; Developing false memories; Being Fatherless; Becoming depressed; Becoming suicidal; Losing self-esteem. (www.falseallegations.com/parental.htm) The literature suggests, that females engage in SAID more than males, [or mothers, rather than fathers].

This may be because in a sex crime an accuser needs no motive. The mere allegation of sexual abuse and having a penis may be the only thing that gets you convicted of criminal sexual conduct (CSC). Children who have been subconsciously engaged in SAID and PAS may engage in acting out behaviors in adolescents and early (adult hood) and have psychological problems for a life time.

Allen Cowling, Clinical Behavioral Investigator, of Cowling Investigations Inc., who specializes in SAID Investigations states:

When a sexual allegation of any kind is made, a very necessary beginning strategy for professionals is to regard their role as clinician investigators, not clinician – therapists. If they perceive that their first and foremost task in intervention[,] is to therapeutically deal with the impact of the experience upon the child, they are then focusing their behavior on treatment processes are not constant with investigative behavioral habits that demand objectivity skepticism, and open-mindedness in gathering data from all sources involved in the situation. (www.allencowling.com/false17.htm)

An important beginning strategy in the SAID phenomenon is the question of behavioral sequence in the family dynamic. Of necessity, this consists of an immediate and complete conversation with the custodial parent or presenting adult. A structured interview with this person should initially and specifically focus on the following:

  • Dysfunctional family elements[,] such as a family in the verge or martial break up.
  • Divorce activity that has already been started.
  • Divorce activity that has been unsuccessfully in progress for some time.
  • Unresolved visitation or custody problems.
  • Unresolved money issues as it relates the divorce.
  • The involvement by the parent(s) in ongoing relationships with others.
    (www.allencowling.com/false14.htm)

Any evidences of the aforementioned ‘red flags’ dynamics are the professionals’ first clues to the potential of a SAID case. While phenomena such as this is identified behaviorally as SAID. Ignoring the prima facia evidence that a child custody case maybe a SAID case. The professional who disregards the red flags is potentially in error in his/her conclusions in other portions of their child custody investigation.

Normally, there is a most typical pattern that exists in the SAID Syndrome. This included one or more of the following dynamics.

  • The allegation almost always surfaces only after separation and legal action between the parents has begun.
  • There is a history of family disjunction with resultant unresolved divorce conflict. This usually involves “hidden” Underlying issues both spoken and unspoken.
  • The personality pattern of the female parent often tends to be that of a hysterical personality.
  • The personality pattern of the male parent tends to be that of the passive-dependent personality.

The child is typically female under the age of eight who controls the situation. Additionally this child may show behavioral patterns or verbal exaggerations, excessive willingness to indict, inappropriate affective responses, and inconsistencies in relating the incident(s).

  • The allegation ids first communicated via the custodial parent, usually the mother.
  • The mother usually takes the child to an “expert” for further examination, assessment or treatment.
  • The expert then often communicates to a court or other appropriate authorities a concern and/or “conformation” of apparent sexual abuse, usually identifying the father as the alleged perpetrator.
  • This typically causes the court to react to the “experts” information by acting in a predictably responsible manner, e.g., suspending or terminating visitation, foreclosing on custodial arguments, or in some other way limiting the child-parent interaction.
    (www.allencowling.com/false14.htm)

The Use Of Behavioral Witness Lists In PAS.

Within the child custody investigation, many witness may be identified who have knowledge of PAS behavioral elements. A behavioral witness list should be written in a systematic manner. The behavioral witness list should include the correct spelling of the witnesses full legal name, including middle initial or name. Aliases [aka's] should also be included if known. A date of birth, current address, telephone umber, cell phone number, email and any other means to remain in contact with the witness should also be included. Remember, don’t get lazy about up dating the witness list with newly obtained behavioral information. The identifying information you omit or miss today, may come back to haunt you, when the attorney wants you to re-interview or subpoena a witness, and you are unable to locate that witness. A short narrative should be included at the end of the identifying information to explain behaviorally how each witness is involved in the case and what relevant behavioral issues the witnesses are relating to the case. After the witness list is completed, review all witnesses and theoretically analyze which witnesses may be most willing to cooperate and agree to be interviewed. The witnesses generally fall into two categories, cooperative and non-cooperative. Witnesses can be divided into many behavioral identification elements. An example of a few behavioral identification elements are as follows.

If a family member of a PAS alienator has been cooperative or friendly with the alienator, more than likely, that witness may be hostile to your investigation and interview. That witnesses name should be identified as a “HOSTILE WITNESS”, in your witness list.

A witness such as a school teacher of a PAS child probably will be willing to be interviewed, and that witness should be identified with “INTERVIEW” next to their name. Most witnesses need to be contacted in a “cold call format”. The witnesses should not know you are coming unless they are professionals, such as school teachers, principals, counselors. More than likely these witnesses will cooperate and be successfully interviewed. All other witnesses need to interviewed in a cold call format and the witnesses should be interviewed as soon as possible so that, witnesses who know one another can not get together and talk about their interviews or the case.

Other witness list identifiers should include the next court date. A witness list revised date at the top of the witness list should indicate when the last witness list revision occurred. All of these behavioral variables and questions need to be analyzed to keep your behavioral witness list organized. A witness list can change day to day, hour to hour. It just depends on the behavioral dynamics that are going on in the Child Custody PAS Investigation at the time.

The Use Of Behavioral Chronologies And Time Lines In PAS And Consistent Deviant Behaviors Over Time In Child Custody Investigations.

Within the PAS investigation PAS behaviors may be numerous and repeating. There should be a behavioral theory of one or both of the parents as engaging in PAS. “An investigator should be hypothesis testing, rather than hypothesis confirming. A systematic thorough behavioral inquiry must be made when investigating child custody [PAS matters], (Hillaker, F., Delta College, 93-02, lecture) and the facts of [PAS] need to be examined and analyzed with “New Eyes”. (Fritz Pearls) The investigational focus should be consistent deviant behaviors over time in PAS and the Child Custody Act [in Michigan], and how those deviant behaviors interact behaviorally with your admissible physical evidence. The investigator can testify as to how the behavioral chronology was written, which salient events occurred, and what professional standards they followed.

Consistency of [PAS] can be demonstrated in a chronological order, and should be quoted and properly cited by naming your source when quoting. Showing a pervasive pattern of [PAS] behavior that is contrary to the best interest of the child will positively influence the court. Liability may be limited providing the quotes were verbatim and properly cited.

Your chronology should have the date, time, and identify what type of physical evidence you are citing, such as: video-tapes, police report(s), recorded statements, testimony, etc. Evidence in a PAS investigation should be relevant to PAS based on experts professionally published in the area of PAS.

The chronology should indicate what the evidence is, and the references should be quoted verbatim, because you are not the witness and the witnesses statement, should be cited under APA recommendations. To avoid hearsay problems, a true copy of the governmental record has to be exhibited. If it is a recorded statement, a true copy of the recorded statement has to exhibited, and the witness has to be present in the court room and prepared to testify in court.

Examples of evidence that may indicate PAS through past behaviors are: recorder statements, video-taped interviews, video-taped forensic interviews, police reports, or governmental records, etc. The question of creditability arises with behavioral chronologies. To avoid creditability arguments, citing has to exact and verbatim.

Behavioral chronologies are an important tool to better explain the PAS time line. When a parent is engaging in PAS, they are also engaging in “behavioral events” that can be considered consistent deviant behaviors over time. Vilification of a family member should be an investigative focus in every child custody case. If vilification is discovered, a PAS investigation should be conducted. If vilification is occurring, more than likely PAS is in its infancy. Behavioral chronologies and time line may produce alienator’s hidden agendas by using PAS as a resource to gain care, custody and control over their minor child. Any revision of the behavioral chronology needs to include a revision date at the top of the document.

PAS Psychological Effects on Children

Introducing PAS [to] a child is a form of emotional child abuse. Emotional abuse is of course psychological abuse, which can be more damaging than physical abuse. When the child grows up, they may not realize what actually happened, and how PAS affected them and the alienated parent psychologically. The PAS child/adult may have life long psychological problems. Children may not able to out grow their own pain and the humiliation they experienced as a PAS child. If PAS existed for a long period of time between the PAS child and alienated parent, the PAS child may experience life long psychological problems. PAS children who have experienced PAS more than likely will have relationship problems with their children, significant others, and in their private and professional peer group. The normal bond and psychological attachments between a PAS child and their parent has been altered and possibly destroyed.

The PAS child, now adult, will have a relationship between the alienating parent and the alienated parent. If that PAS child/adult can recognize previous PAS issues in their prior relationships, it may put them on a recovery path, to discover what actually happened to them in their childhood. Childhood memories of family dynamics of pre and post family separation can be fluid and disposed of memory errors. Though the child will have varying memories, their true memories may never come out. The only mental health answer is therapy.

Investigative Recommendations and Conclusionary Comments

In child custody cases where a disposition is agreed upon by parents, attorneys and or ordered by the family court, the disposition is typically decided by the adults and not the children. This is usually because of the developmental stages of the minor children. When the order from the court includes visitation for a non-custodial parent and if a child who has been exposed to PAS by an obsessed alienator. The visiting child in the non-custodial home will cause an extreme disturbance in the non-custodial home.

Thus We Should Consider

Upon the intake of a child custody investigation, both parents have to be psychologically scrutinized for indications of engaging in PAS, SAID or any other Constant Deviant Behaviors Over Time. All Family Court files need to be examined. In Michigan, the Family Courts and Friend of the Court, “has two court files. The main working file the public may review through FOIA. There is a secondary file, including the Friend of the Courts notes and internal investigative file. That file must also be reviewed to obtain vital and discoverable information. A FOIA request for this file will be refused. The file will have to be subpoenaed by an attorney representing one of the parents. All attorney’s records, interrogatories, depositions, correspondence between the attorneys and the court, court orders, complaints made by either of the parent, and files need to be reviewed, and the attorney(s) interviewed. Any witnesses who have had contact with the family before and after the parents split up need to be interviewed in depth.

If this is an investigation by third party, an Invesigational and Research General Durable Power of Attorney has to be obtained by your client or one of the parents who has legal standing. The Investigational and Research General Durable Power of Attorney will open the door for professionals who have privileged communication or have confidentiality issues. Secondly, the Investigational and Research General Durable Power of Attorney will give the investigator power to review, demand, seize and collect any information that is relevant to the child custody PAS investigation. When the investigator is working down their behavioral witness list, and the investigator suspects PAS is present within the family dynamic. Generally, most witnesses may not recognize PAS. The witness list should include all witnesses that have direct knowledge about the family dynamics pre and post dissolution of the family. Neighbors, teachers, other school staff, counselors, police, parental co-workers, friends of the parents, relatives especially grandparents, any one who may have direct knowledge about the “total family dynamics” pre and post dissolution of the family dynamics. Other areas of investigation should include “other” court files, ie. background searches to review previous behavioral patterns of the parents.

In Michigan, Probate Court(s) where parents may have been tried civilly for child abuse or neglect, you may discover PAS behaviors in the Probate Courts file, including previous PAS family dynamics. More than likely, one of the alienating parent(s) may have a Probate Court child neglect or abuse case. PAS may be located here as well. The Michigan Probate Court records are not available by computer data base. The court records have to be manually reviewed in person at the particular jurisdictional venue. Conformation of PAS behaviors can be made by identifying consistent deviant behaviors over time, and can be developed through a behavioral chronology.

Copyright 2006-2010, Hillaker Investigations LLC all rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without crediting Hillaker Investigations LLC.

 

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Consistent Deviant Behaviors In Adversarial Child Custody Cases

When investigating child custody cases, we look for consistent deviant behaviors over time, psychological pathologies that are not in the best interest of the child, and seek out all relevant family dynamics. Family dynamics are

Consistent Deviant Behaviors Over Time - Child Custody

Consistent Deviant Behavior Over Time

behavioral interactions, both positive and negative, between adults and children within a family unit. The adult or parent in the family unit is responsible for providing for the care, custody and control of the minor child’s. The adult also has a duty to assure that the child’s personal safety and psychological well-being are provided for. This is often referred to as the “best interest of the child”. Deviant behaviors are those behaviors that can negatively impact a child’s well-being both physically and psychologically. (Hillaker, F.L., Delta College, 93-01)

The child Custody Act is legislation that specifically addresses the issue of the “well being of the child”. In order to pursue child custody, a parent needs legal and jurisdictional standing. There also   has to be a “significant change in circumstance” with in the family dynamic, prior to filing a legal motion, on the child’s behalf. To file the legal motion, the parent requires “Legal Standing” to file an action [motion]. Or a legal reason why you are pursing a legal action against a party. The legal standard for the best interest of the child includes considering all the parents’ and child’s wishes and living circumstances that have an impact on the child’s well-being. “The burden of proof in pre court child custody cases, is preponderance of evidence. The burden of proof in post child custody cases, is clear and convincing evidence.” (Botkins, R., MI., FOC, 05) Therefore, your evidence has to be substantial and not erroneous. Many states define the best interest of the child by statute. (Boland, Mary L., 04) It would be prudent to review the jurisdictional statutes and standards in your state when applicable.

A good Child Custody Law Standard is: [US] Federal Uniform Child Custody Act, UCCJA (Uniform Child Custody Act) or in Michigan, UCCJ / MCLA 600.51 – 573 (75). When child custody is disputed, the Judge or Family Court [Referee] applies “The Best Interest of the Child” standard.

The Law of Child Custody

Statutory Child Custody factors that can influence and investigations:

  • … the wishes of the child as to their custodian
  • … the interaction and interrelationship of the child with his or her parent
  • … siblings and any other significant person in the child’s life
  • … the child’s adjustment to home, school, and community
  • … the mental and physical health of all parties
  • … threats of violence against the child, or witnessed by the child
  • … the ability of the parents to cooperate regarding decision making on the child’s behalf, and the residential circumstance of the parents
  • … age, and religious considerations of the parties
  • … cohabitation or life styles issues

Parental Care of the Child Factors Questions:

  • … who spends more hours per day with the child?
  • … who cooks the meals?
  • If it is a young child, who bathes the child?
  • … who stays home from work when the child is sick?
  • … who takes responsibility for involvement in school and who helps to complete homework assignments?
  • … who goes to school conferences?
  • … who attends school events?
  • … how does the child get to and from school events?
  • … who takes responsibility for involvement in after-school activities?
  • … who is responsible for the child’s religious education?
  • … who makes doctor and dentist appointments and takes the child to these appointments?
  • … who is responsible for setting up and maintaining child care arrangements?

Security and Domestic Violence Factors Questions:

  • … who can provide a safe environment?
  • … has there been any verbal abuse?
  • … has there been any psychological abuse?
  • … does the parent have a substance abuse problem?
  • … has the parent been arrested or convicted of a crime? (if so detail)
  • … have there been incidences of violence in the home? Were the police called?
  • … are there any threats of kidnapping?
  • … has a parent ever failed to produce their child for visitation?
  • … has a parent ever failed to appear for visitation, if so was any one notified?
  • … has a parent ever failed to return the child after visitation?

(Boland, M. L.04 and Watnik W., 03)

Other factors that may influence a child custody investigation include, but are not limited to: moral fitness, mental and physical health, environment, cooperation, location of the child’s home, religion and the most important interaction, love and affection between the child(ren) and the parents. (Boland, M.L., 2004)

The Investigative Purpose of a Child Custody Investigation

The primary investigative purpose of a child custody investigation is to establish the best interest of the child, which includes identifying consistent deviant behaviors over time, investigationally. The investigation should focus on parenting capacity, the needs of the child, and the resulting fitness of each parent. The parent should exhibit positive interactions with their children and the ability to plan for the child’s future needs, capacity to provide a stable and loving environment. The parent should be able to identify the potential for inappropriate behavior or misconduct to be exhibited in and around the child. Parents who are exercising care, custody and control of the child should be free of consistent deviant behaviors over time that may cause harm to the child.

Consistent Deviant Behaviors in a Child Custody Investigation

The main investigative questions that arise: “Is the parent demonstrating deviant behavior(s) [and] is the parent not acting in the best interest of the child [or] is the parent behaving within socially acceptable norm behavior”[?] Identified Consistent Deviant Behaviors include: substance abuse, allowing potentially violent persons to be in and around the child(ren), poor choice [decision] making by the custodial parent, driving while intoxicated or allowing some one to drive the minor child while intoxicated, lying under oath or in a legal proceeding in regards to the child’s well-being. Consistency arrives behaviorally in the investigation when deviant behaviors are being repeated indicating a lack of morality, which is not in the best interest of the child. Responsibility and leadership by the parent towards the minor children should be displayed.

Behavioral Witness List

Within the child custody investigation, many witnesses may be identified. A witness list should include the correct spelling of the witnesses’ full legal name, including middle name. Aliases [AKA’s] should also be included if known. A date of birth, current address, telephone number, cell phone number, email and or any other means to remain in contact with the witness should also be included. A short narrative should be at the end of the identifying information to explain how each witness is involved in the case, and relevant issues involving the witness.

A witness list can change day to day, hour to hour. When does the client or attorney want the investigation completed? When is the next court date? When will I need to testify? These questions need to be addressed when compiling your witness list. It is mandatory to cite when the witness list was written and or revised. In that way the client, attorney and investigator are all working from the most current witness list when conducting an investigation or investigative case review.

Behavioral Chronologies and Time Lines

Within the child custody investigation, deviant behaviors may be numerous and repeating. There should be a behavioral theory as to why the parent’s behaviors are deviant and repeating and engaging in consistent deviant behaviors over time. Your investigative focus should be the consistent deviant behaviors over time and the Child Custody Act, and how those deviant behaviors interact behaviorally with physical evidence that is admissible in court. The investigator can testify as to how the behavioral chronology was written, which salient events occurred, and what professional standards they followed.

Consistency of Deviant Behaviors can be demonstrated in a chronological order, and should be quoted and properly cited by naming your source when quoting. Showing a pervasive pattern of deviant behavior that is contrary to the best interest of the child will positively influence the court. Liability will be limited providing the quotes were verbatim and properly cited.

Your chronology should have date, time, identify type of physical evidence such as: video-tape(s), police report(s), recorded statement(s), testimony, etc.. Evidence in a child custody matter could be almost anything, as long as it is relevant to consistent deviant behaviors over time and the attorney wants to present it in court. The chronology should indicate what the evidence is, and the references should be quoted verbatim because you are not the witness. Your source should be cited under American Psychological Associations recommendations for citing.

To avoid hearsay problems, a true copy of the governmental record has to be exhibited or the author has to be sitting in the courtroom prepared to testify. Examples of evidence that may be introduced in behavioral chronology are: recorded statements, video-taped interviews, video-taped forensic interviews, sworn affidavits, depositions, police reports, governmental records, etc..
The question of creditability arises with Behavioral Chronologies, to avoid a credibility argument, citing has to be exact and verbatim.

Investigative Attributive Theory is when the investigator cites someone else in the Behavioral Chronology. As an example, the investigator receives a recorded statement from a witness. If the investigator quotes the recorded statement verbatim, uses quotes, and properly cites the quote, the investigator is not making the statement the witness is making the statement. The investigator is attributing the witnesses’ statement to the Behavioral Chronology.

Behavioral Chronologies are an important tool to better explain the time-line of consistent deviant behaviors over time “events”. Vilification of a family member should be an investigative focus. If vilification is occurring, a behavioral time line [chronology] may discover a family member’s hidden agenda(s). Any revision of the Behavioral Chronology needs to indicate with a revision date at the top of the document.

“An investigator should be hypothesis testing, rather than hypothesis confirming. A systematic thorough behavioral inquiry must be made when investigating child custody [matters] (Hillaker, Delta College, 93-02) and the facts need to be examined and analyzed with “New Eyes”. (Fritz Pearls)

Parental Alienation Syndrome (PAS)

Parental Alienation Syndrome (PAS) is a disorder that arises primarily in Child Custody Disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. Its result’s from the combination of programming (brainwashing), parent’s indoctrination’s and the child’s own contributions to the vilification of the target parent. (Gardner, R., 2001) PAS concept and dynamics include a complex network of involvement and motives on the part of all members acting in this PAS family dynamic. Each family member engage in PAS usually takes his or her own role in the PAS process prior to the dissolution or separation of the family. Identification of PAS early in a child suffering from PAS can diminish a child’s psychological damage. Early identification will allow a child to recover their true relationship with the targeted parent.

There is almost a point of n return for the child psychologically. Enough psychological damage can be done to the child, wherein the child never recovers from the indoctrination of false hood and vilification of the targeted parent. Identification and treatment early may diminish the harm caused psychologically to the child and the targeted parent.

Thus we should consider:

Behavioral Investigative Strategies and Conducting a Systematic Thorough Inquiry in Child Custody Cases

A forensic and clinical approach to investigating child custody cases:

Covert Investigative Methods

  • Case preparation and review. Conduct a thorough case intake, extensive case review. Interview client and explore client’s complaint and all known behavioral family dynamics. Review all your client’s, attorneys and court clerk’s files. Establish if the client has legal standing to pursue a child custody investigation/evaluation. Review and obtain a “true copy” of the client’s most recent child custody order giving the client legal standing. Obtain a “Research and Investigative, General Durable of Attorney.” Evaluate principles psychologically, from a third party perspective. Discover if any parties have any Personal Protection Order(s) against principles. Prepare an inventory of all documents in a three ring note book, that is neat and organized.
  • Review statutory elements of the child custody act and behavioral indicator of consistent deviant behaviors over time.
  • Conference with attorney and client.
  • Client completes behavioral questionnaire.
  • Identify the preliminary behavioral theory of the case, constant deviant behaviors over time and significant psychological pathologies.
  • Complete a Behavioral Witness List.
  • Write a case profile, investigative outline defining the direction of the investigation submit it to client and attorney.
  • Identify all potential witnesses that may have direct knowledge of “Consistent Deviant Behaviors Over Time”.
  • Run all known principles through data bases, to obtain background information, including client.
  • Prepare a time line of major family dynamics and events.
  • Write a case profile report to client and attorney.
  • Apply covert surveillance methods, place all principles, including targeted parent who is engaging in consistent deviant behaviors over time, to profile family dynamics of relevant deviant behaviors.
  • Conduct frequent garbage archeology surveillance(s) and apply refuse archeology to profile family dynamics and consistent behaviors over time.
  • Rewrite behavioral witness list, interdependent on witness profiles and submit to client and attorney.
  • Develop a behavioral chronology of events; cite sources under American Psychological Association, including a revised date.
  • Identify consistent deviant behaviors over time.
  • Applications in investigative methods with Investigative Gestalt Theory.
  • When the investigative team meets, attorney, investigator, client: there should be a determination as to when the investigation goes from covert to overt.
  • The investigator meets with the attorney to discuss asking legal questions to the targeted parent (interrogatories or deposition). The intent is to get the targeted parent to lie about an important behavioral issue or family dynamic. If the targeted parent does not know they are under investigation, the targeted parent will lie about important consistent deviant behaviors over time.
  • Write a case progress report and submit to client and their attorney.

Overt Investigative Methods

  • If there has been a determination and approval from the client’s attorney, all witnesses are fair game to be interviewed.
  • When nearing your court date conduct interviews of relevant witnesses, lock in witnesses’ statements and testimony.
  • When nearing your court date interview the child(ren) who maybe effected by PAS.
  • When applicable obtain the child(s) school records and interview the child(rens) teacher(s) and school staff.
  • Revise witnesses list of new appropriate behavioral data and information, submit to attorney.
  • Apply Investigative Attribution Theory to the known behavioral facts of the case.
  • Applications in Parental Alienation Syndrome (PAS) and Vilification. (see caveat actor)
  • Testing for PAS or SAID.
  • The Use of Experts, in the Area of Child Custody, Investigationally, Legally.
  • Write a report to attorney.
  • Conduct follow up investigation based on your investigative results and request of client’s attorney.
  • Compare witnesses statements to previous statements.
  • Courtroom preparation and testifying.
  • Observe various witnesses while testifying and communicate your observations to the attorney.

There is a First General Rule in Child Custody Investigations. If your target does not know you are investing them. The target will not change their “consistent deviant behaviors over time. Therefore when you start your investigation the first phase has to be covert.

Interview client, develop your behavioral witness list, backgrounds on known witnesses, covert surveillance including garbage archeology to behaviorally profile what your target really is doing in the world. Remember if you are discovered, your target will change their behaviors and the rest of your investigation is done. When it is time, you can let the other side know you are investigating your target. Interview potential hostile witness that are close to the target and give them one of your cards. Do his when you are close to trial or settlement hearing.

The Second General Rule is Testimonial evidence is Important in a child Custody Case, especially if the Witness Make a Good Appearance and has Direct Knowledge of Constant Deviant Behaviors Over Time. Those Consistent Deviant Behaviors Over Time you are Profiling Through Testimonial Evidence, the Family Referee or Court Judge will not allow their Children be exposed to!

Investigators who are practicing investigative methods and have an investigative work product. If the investigator is directly working with an attorney within the United States, you are covered under the attorneys privileged communicated by: United States V. Louis Kovell 1961. In Michigan private investigators are covered under MCL 338.840, private investigator privilege. In 2001 I was challenged in a Michigan Circuit Court, by an attorney who wanted to subpoena my private investigator work product. The attorney was claiming his client; the mother of a sexually abused child was suing my client, who I have previously worked of the defendant’s case. The defendant was the step-father of the minor child who claimed criminal sexual conduct. Because the mother had no standing with my investigation and my client was protected by private investigator privilege. I told the attorney I would not accept his subpoena. A few days later I was mailed a court order, ordering me to court to produce the documents and video-taps the attorney wanted. I wrote a QUASH Motion to the Circuit Court on the Courts Order, and obtained a court data.

The mistake I made was not writing the QUASH motion, when the attorney wanted to subpoena my records. I argued my motion, that the attorney’s client had no legal standing to subpoena my private investigator privileged records. I cited People v. White and Ravary v. Reed (Michigan).

Prior to the court preceding I attempted contact with my client to waive their privilege, my client refused to communicate with me. The attorney argued his client had legal standing because she was my client. I argued, his client was not my client. It is difficult to argue your own legal case in Circuit Court when you are not an attorney and your client has privileged communication. I can’t say what my investigation revealed or what the client told me. I could say who my client wasn’t. The attorney’s client was not my client. What made things worse, I had a child Custody case going with the same attorney at the same time as the subpoena for records issue. The Circuit Court Judge put my motion to QUASH on hold and ordered an in camera Inspection of my file. Just after all this happened, my client’s previous criminal attorney met me in the hall near the court room and released me, in writing by our mutual client, that I was released from privileged and I could release my file. If an investigator does not honor privileged communications there can be lots of legal repercussions.

Witnesses in Child Custody Cases:

“Nearly all persons with knowledge relevant to a legal case [child custody] may testify, only those limited by youth or mental incapacity are precluded. Ordinary witnesses are allowed to state only their knowledge and are required to express facts rather than opinions”. (Hillaker, F.L., Delta College, 93-02)

We are all emotional human beings who do not see things with “ … new eyes …”, but rather with emotionally biased eyes. Children’s’ and adults’ statements and testimony in the court setting is a dynamic process that doesn’t start when the witness is sworn, but from the case intake when contact is first made with the witness. The behavioral investigative process is a dynamic process; a systematic thorough inquiry must be made, all relevant behavioral case dynamics need to analyze in depth. Prior interpersonal relationships, family dynamics and witness individuals psychological inventory, need to be analyzed and compared to the behavioral aspects of the case. The investigative question arises: How can we as investigators avoid contamination of a witness of … thought, word and deed (Luther, M., 1529) … and avoid negatively impacting the investigative process … “ (Mitchel, J., Hillaker, F.L., Delta College, 1999)

Copyright 2006-2010, Hillaker Investigations LLC all rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without crediting Hillaker Investigations LLC.

 

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