Why Are Judges Reluctant To Sanction a Parent Who Defies the Court’s Own Orders in Parental Alienation Syndrome?   3 comments

It seems Courts have an incentive to ignore parental child abuse and abuse of one of the parents, which inevitably occurs with Parental Alienation Syndrome.   Why do Judges often fail to fine or sanction a parent who defies court orders, particularly in cases of suspected parental alienation syndrome? We credit Shawn West who planted the seed of this discussion on September 7, 2013. Attorney Sara Hassman and I collaborated on a very disturbing but plausible explanation.

Both federal and state dollars are used to fund the Child Support Enforcement program (CSE). The federal government provides incentive payments to the states for meeting the goals set out by the CSE guidelines. To meet these goals each state must collect a specific percentage of the child support payments from the noncustodial parent. States are paid what is called incentive payments based on CSE guidelines. Although CSE provides federal incentive payments, if states do not meet specific performance guidelines and data requirements, they face federal financial penalties.

Questions have been raised as to whether the CSE program is effectively meeting its mission of securing the child support from the noncustodial parent to avoid having these children fall below the poverty line.

1-   Is it possible that to avoid getting involved in this complicated program and possibly causing states to be penalized, Judges tend to require higher income parents, usually the father, to pay alimony and child support? The targeted parent pays and pays the alienating ex-spouse who continues to control the child and deprive the targeted parent of contact with the child.

2-   Is it possible that in other cases – in which the higher income parent is, in fact, the alienator – to avoid possibly causing states to be penalized by the CSE program –  Judges tend to award custody of the children to the an alienating parent who has the higher income… especially when the children are claiming they hate or fear their loving parent?

In many cases of Parental Alienation Syndrome, the CSE program may contribute to the targeted parent with a greater income paying alimony and child support to an alienating parent while that targeted parent remains deprived of contact with his or her child.

But in other cases, the CSE program may encourage Judges to only look at the W-2 income and not ALL the marital or community assets and income of an alienating parent. A result may be that an alienating parent showing only the W-2 income may financially cheat the targeted parent, who actually makes less total income. The lower income targeted parent may also not have the financial means to effectively challenge an alienating parent.

Is it possible that this is why the Judges will order court ordered therapy by a therapist who may not even acknowledge the parental alienation? Thus, in this “court ordered reunification therapy” the child just repeats what the alienating, sick, abusing parent wants and is told to say. The child does not express his/her true feelings for fear of repercussions.

Is it possible that the Judge is pleased because the state does not have to get involved in the CSE program and the state avoids penalties if the child support is not collected?

The alienating parent is obviously pleased because he/she can continue to control the child AND does not have to have joint or shared custody or pay child support. This parent has total control and gets the money.

This is a win/win situation for these abusers who only care about money and control. These abusers do not care about doing what is best for the children – which is to encourage the children to have a relationship with both parents.

Many loving, alienating parents have been unsuccessful in resolving child abuse issues of parental alienation in State Courts and have also been unsuccessful with Court ordered reunification therapy. It appears that not only have millions of children been victimized by the Court system but so have millions of loving parents as well.

Is it possible that Judges and Court ordered therapists are trying to avoid utilizing the government CSE program? Is it possible that this is why millions of loving alienated parents have failed to make progress with even bringing awareness to the Judges of the child abuse of parental alienation?

This law is not protecting family values. The law is allowing abusing parents to continue child abuse and create children who have many psychological, emotional and physical problems.

It appears that this CSE program must be ended or the Judges must have an incentive to properly evaluate why children who say they hate or fear their loving parent feel this way. Refusing to comply with a visitation order should be a criminal offense, not a civil one. This would move things out of the family courts and into criminal courts where there is no CSE money motivation to not enforce a court order.

*******By Sara Hassman, Parental Alienation Solutions, Founder, http://www.PAlienation.org-

*******and Les Linet, MD – Board certified both in general adult psychiatry and in child and adolescent psychiatry

Advertisements

3 responses to “Why Are Judges Reluctant To Sanction a Parent Who Defies the Court’s Own Orders in Parental Alienation Syndrome?

Subscribe to comments with RSS.

  1. Why would a parent want custody so he doesn’t have to pay child support? Children are so much more expense to take care of and support than the cost of child support.

  2. Alex,
    In some states such as California, the custodial parent receives child support from the non-custodial parent even if the non-custodial parent earns less income

  3. Michael Cohn, Ph.D. wrote:
    Additionally, depending on the child, and the child’s age, and the care that is provided, and the amount of child support, it can in fact be quite lucrative. If it wasn’t, you would not find so many women doing everything they can to get custody.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: