"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).