Preparing Your Court for a Trauma Consult

Being trauma-informed means asking,

What happened to you and how can we help?

versus

What is wrong with you?

The Trauma Manual for Judges in Family and Juvenile Courts

Informed judicial officers and other court professionals can make an immediate, positive impact on children and parents who are being traumatized by abuse and fraud within their immediate family or through their extended family units.

This applies to schools, churches and to healthcare companies and organizations as well. The kind of stress and trauma that is inflicted in litigation, especially where custody disputes are used as weapons against a victim of domestic abuse or fraud, for example. Any first responder, mandated reporter of abuse or anyone interacting with families and children in a professional capacity should become trauma-informed.

We believe it’s worth spending the extra time learning and discussing these issues with court officials, professionals in other fields, and also with family members in your cases to engage them in the process.

This guide or Trauma Manual as referred to by the National Council of Juvenile and Family Court Judges will go a long way toward making your courtroom a safer and more constructive path for those who enter your court seeking protection and relief from abuse. [Read the Judicial Guide to Child Safety in Custody Cases to learn to recognize signs that abuse may be concealed from the record.]

NCJFCJ Trauma Manual for Family and Juvenile Court Judges by Deb Beacham on Scribd

Trauma Prevention in Courts: What Judges Should Know

The National Council of Juvenile and Family Court Judges has developed several insightful tools for judges and court staff involved with families dealing with conflict and troubling transitions. Mental health, family violence / economic abuse, child abuse and neglect, addiction, loss of homes and jobs, confusion and fear all mix together to bring new and greater challenges to our courts every day.

Previously I wrote about the Judicial Guide to Child Safety in Custody Cases as the safety of children is often lost in the shuffle of legal documents and tactics to gain an advantage. Improving safety, reducing stress and keeping loving, safe parents together with their children can be back-burnered when professionals appearing before judges are too focused on billings.

Denying children safety or peace of mind and failing to protect parents who are being victimized by physical, mental and/or economic abuse translates to trauma and trauma-related symptoms that can set children up to fail, impacting them harshly for life. Fortunately more professionals are making time to learn and to advocate against abuse and uncertainty, and policy leaders are making this a priority.

Please read and share these documents with your staff and other judges and court professionals you know. Preparing to assess trauma and to respond for the sake of improving safety and recovery time will save lives. Contact me here if you would like to review case studies that show the difference – how lives are saved vs. lost depending on how courts respond to abuse of parents and children.

The Trauma Manual for Judges can be downloaded from this page as the next step after reading the “Changing Minds” Infographic below.

Thank you for paying attention – and taking action on this important topic!

Deb Beacham

Trauma Infographic for Judges 2016 by Deb Beacham on Scribd

Erasing Families Near You

This woman is an actress but on this video, in this horror story, she is not acting.

She speaks the truth for many thousands of parents and children across America and around the globe.

The act of erasing a loving, safe parent from the lives of his or her children is a profitable business, and a cruel one. This is the driving force behind much of our research and reporting into the conduct of lawyers and doctors acting as Guardian ad Litem or child custody evaluator, and it is the reality that led to the creation of this mild cartoon focused merely on the financial aspects of such cases.

But what can be done? Is there a way to help families avoid such loss?

First, watch this video, then contact me to learn more about solutions in motion.

Child Safety Must Come First by US Representatives

Great news for children and parents being denied protection from domestic abuse, who are often harmed during prolonged child custody litigation.

Please read, share and contact your state’s leaders to join in with their support of this House Resolution No. 72.

Georgia’s children and parents are especially vulnerable, as hundreds of cases across the state now prove. Television and print news media and several independent journalists have documented professional conduct in what is referred to as “sensitive” cases, including by filing Rule 22 Requests to Record judicial proceedings.

The big deal about the conduct being documented is this: the way many Georgia child custody cases are managed often puts children in harm’s way as they are given to the parent most likely to cause stress or injury.  It is hard to fathom if you can not see it firsthand, but sometimes court professionals, including child custody experts, go so far as to deny children and adult victims of domestic abuse protection and even necessary medical and psychological care.

If you live in Georgia, you can find your U.S. Representatives here. Please encourage your representatives to read and support this resolution. And, in Georgia, learn how you can encourage leadership to keep our courts and court records open and accessible.

As these cases are usually cloaked by a veil of secrecy, and speaking about what is happening to the family is frowned upon and outright discouraged, it is critical that journalists are not restricted in recording judicial proceedings or in obtaining case records.

Both of these issues, policy to improve child safety and rules governing the ability to record judicial proceedings, need your attention.

Thank you!

Child Safety and Child Custody in House Resolution 72 / Bipartisan Support by Deb Beacham on Scribd

Protect Children from Psychological Abuse: Policy

Common sense tells us that causing worry in children is unhealthy for them. When one parent causes their child to doubt, resent, avoid or fear the other parent, assuming no actual safety threat exists, this can have severe and lasting harm on the child’s mental and emotional well-being. Don’t take my word for it.

You can observe children being subjected to family / parenting conflict in every community if you are concerned about this form of psychological abuse and know even a little about what to look for. Use the Contact Us form at the top right of this page if you’d like more information.

It is also undisputed that when a parent is physically or emotionally abusive to the other parent, whether pre- or post-separation, including through the use of deception, manipulation, financial control or financial deprivation to destabilize or shame the other parent, the harm translates directly to a negative impact on the children. Children cannot possibly feel good about themselves when one parent is harming the other and working to destroy a parent-child bond and relationship. Whether the stress and troubling feelings are apparent or not, they are there – and are dangerous to the child.

This is a child safety and mental health issue we should all want addressed.  Our court officials are given instruction by the National Council of Juvenile and Family Court Judges in this Judicial Guide to Child Safety in Custody Cases, including specific detail on how to recognize and correct harmful tactics used by a parent against another such as coercive control. This form of abuse may not be seen at first glance or if an investigation disallows evidence of domestic abuse, which unfortunately is often the case. One key point in this Guide is that perpetrators of family violence, coercive control, economic abuse, mental cruelty, etc., position themselves forcefully and deceptively as victims; they can be good actors and enabled by professionals paid to suppress evidence of real abuse and victimization. As such, this is a tough area to resolve so it is important that more courts put the information in this Guide to good use.

Family violence / domestic abuse cases often include some form of child abuse, especially where the perpetrator is willing and able to use children to inflict pain on the targeted parent. It makes sense that if a parent is willing to harm his or her child’s other parent, the offending parent is indifferent to the harm caused to the child. Some parents are so lacking in empathy that they intentionally and willfully use their children as tools or weapons to cause distress, uncertainty about the child’s well-being or whereabouts, grief from having a child wrongfully removed, and some use children for their own financial gain, even if it means causing the loss of the child’s home and pets.

Perpetrators of abuse refuse to accept they can no longer access victims physically, so they use children as the means to gain proximity and to appear justified in sending disturbing messages in person or through digital means. There really is no limit to what an unhealthy person will do to another, so it is up to the Court to intervene.

This highlighted page embedded below was printed from Florida’s legislation updates page. I’ll get a clean copy uploaded soon for you to download or you can search for it online in the meantime. What matters is that leadership in Florida recognizes the damage to children and spells out the mental impact of psychological abuse, including when adults punitively or selfishly act to break bonds between children and safe, loving and available parents.

It is the intent to cause harm to the other parent, the indifference to the harm and deprivation of the child, and repeated, ongoing acts to shut out a good parent that causes me to share the proposed language of this bill. The term “alienation” is too often misused, so that word or description should not be substituted for plain language detailing acts of intentional abuse and family violence.

FL Bill to Include Psychological Abuse and Alienation of Children in Certification by Deb Beacham

Parents Rights in Georgia Law and Rule 22 Application

Rule 22 Governs Permission for Recording Court Proceedings

Parents in Georgia have rights that are often not applied in child custody cases, including when someone other than a natural parent is seeking custody of the children. But is anyone paying attention to this type of loss and trauma?

If you are paying attention or are interested in increasing this focus, contact me here.

Protecting the right to record and maintaining open access to courtrooms does improve protections for families and children.

The content to follow is a developing body of work revealing clear examples of the difference it makes to have cameras allowed in courtrooms and to avoid restricting our press.

While I have much more to do here I wanted you to have access now to documents and videos as I upload them and welcome your questions and feedback as this story unfolds. Your attention is needed to ensure we protect access to our judiciary and ensure our courtrooms remain open.

Two problems are ripe to be solved:

1. Missing clarification of Georgia’s laws on the rights of natural parents.

Georgia judges and domestic lawyers expressed interest in this case because it could help clarify what was previously an uncertain matter left to the court’s discretion. Let’s address this issue first.

In the case featured in this article, the lawyer for the maternal grandmother convinced the court that the children would be at risk if they were left in the care of their father. The father was able to receive help thanks to volunteer lawyers through the Atlanta Volunteer Lawyers Foundation and successfully appealed the trial court’s order giving custody to the grandmother.

With no evidence in support of the grandmother’s claims that the father was a violent man, the trial court gave custody for a second time to the grandmother. This time the Court of Appeals made sure the message was received, that the rights of natural parents should be taken seriously and that absent clear proof of ongoing or future danger to the children the natural parent’s rights are above those of a grandparent. Attached first is the June 24th ruling by the Georgia Court of Appeals, the final ruling driving home the instructions to adhere to the law and facts of the case. Additional filings and orders follow in reverse order.

Rights of Parents Georgia COA Jun 24 2016 by Deb Beacham on Scribd

2. A lack of transparency or ability to review proceedings in child custody matters

You might say this is the problem in all types of judicial proceedings, hence the attention given to the proposed amendments to Georgia’s Rule 22 governing decisions to allow filming or other types of recordings in courtrooms. Changes were proposed by Georgia’s judiciary and only a few organizations and individuals are focused on the flaws which could further restrict public access to court proceedings and discourage open records.

The focus here on child custody is due to the high volume of cases wherein children are used for leverage and/or to punish the other parent by moving to restrict rights, to cause pain and suffering or to avoid paying child support, for example. This is a widespread problem with almost nothing being done to curtail damaging tactics which exploit children and vulnerable parents.

Given the question of law governing the rights of natural parents and the opportunity to observe and film three pro bono lawyers fighting for a wrongfully accused father, I filed a Rule 22 Request to record this Hart County hearing. I learned about the case because the Court of Appeals had twice reversed the trial court’s ruling and remanded the case.

When I began my investigation into the case history and factors that caused the reversal, I recognized the pattern of abusive litigation that is causing so many of Georgia’s children to lose access to loving, available parents. When you’ve seen this pattern of foul play unfold nearly one hundred times, it becomes obvious pretty quickly that intervention and transparency are needed.

There are several videos to this story:

Initially the hearing was set for late summer in 2016, and the grandmother’s attorney argued vehemently against having the proceeding filmed. This video portion will be added shortly.

After listening to her argument, the judge allowed the recording to go forward.  The lawyer was not about to give up on her strategy for denying the father custody, so another tactic was put into play that would either prejudice the court against the father or cause another delay, or both. This clip will be added.

Rather than allow the grandmother’s surprise expert to testify without fair notice and a deposition, the father’s counsel objected and moved to continue the hearing to allow for their deposition of this child custody psychologist Dr. Barbara Oxley.

The argument made by Athens attorney Ed Tolley is one often missed in similar proceedings. His argument and commentary from our interview will be added here.

The continued hearing was reset for December, 2016, and again the court ruled in favor of my Rule 22 Request, saying afterwards, “These days you’re afraid not to grant these things.” Interesting perspective and statement, but I’ll take it.

I’ll be back to complete this story and share the outcome, which will definitely surprise you!  In the meantime, please let me know if you’d like to contribute to additional use of Rule 22 Requests and other forms of increasing both public safety and especially better protections for parents and children.

The rest of the footage of the trial above will be shared in the coming days, and admittedly it will have much more meaning to children taken from safe parents, and for parents stripped of their right to nurture children without cause.

In the meantime, here’s another sampling of images and news reports that have meaning and which support protecting the intent and integrity of Rule 22.

Where There’s a Will

The Will of a Loving Parent

Where there’s a will, there’s a way.

We believe that to be true, but another way to put it, especially if you’re caught in a family conflict or in our court system, is where there’s willpower (and a fat checkbook), there’s a way to avoid accountability and even to harm an innocent party.

In every jurisdiction we’ve studied, multiple cases have surfaced in which innocent parties – especially parents – are being set up to fail.  This happens frequently in the form of false allegations of some form of abuse or fraud, targeting the innocent party to take the blame and the consequences of the party actually breaking the law and doing damage to the children and other parent.  Our mission began with sorting out why this was happening in family law or domestic cases but the same foul play occurs, of course, in other types of cases.

Our priority at My Advocate Center is the children who are caught in these battles and getting dropped through the cracks in our system, regardless of which court or which type of process is being used.

When children are suffering because someone they need is being intentionally and wrongfully targeted for failure, and when a judge, attorneys, guardians and especially DOCTORS just stand by or even participate in this foul play, we should all stop what we are doing and do not pass go until this problem is solved. And that is where we are in Georgia.

To learn more, to offer support, present a useful resource or to report a case, contact us here.

The Rights of Children

Should children have rights when parents and other family members fight?

Needs of Children_Freedom to Know Their Parents and Be Protected

Excerpt of material borrowed from Jennifer Baker PhD’s article on this case of child abuse and deprivation:

“Barbara Bennett Woodhouse  is the L. Q. C. Lamar Chair in Law at Emory and serves as faculty advisor for the Barton Child Law and Policy Clinic.

She is one of our most eminent scholars on the topic of children’s rights. She has developed an account of five basic human rights that represent what other experts agree is crucial to the well-being of children. (Please read her excellent book on children’s rights, here(link is external).)

These are: privacy rights. While we are familiar with how these work in regard to adult lives, for children, “the basic unit of privacy is not the individual but the relationship between the child and the caregiver. “ Children, in other words, need us to respect their relationships and their capacities to form relationships.

Agency rights. Children develop voices and they have agency. They need to have a voice in matters that affect them, even if “they are not ready to take responsibility for the ultimate choice.” Children are both citizens-in-training and valuable in their own right, as they are.

Equality. Children, dependent on communities as they are, deserve access to the necessities of life that other children in the community are given.

Dignity. Children are their own persons, and “laws that penalized innocent children for the sins of their parents,” as existed in the Victorian era, have come to look “inhumane.”

And finally, protection rights. Civilization depends on the weak being protected from the strong. Situations where children are put in danger of harm violate these children’s rights.

Woodhouse explains that children’s rights flow “from the same set of basic values” that give adults rights. We cannot, in other words, pretend adult rights are on some firmer basis than those of children.”

Do you agree?

Let us know: MyAdvocateCenter.com

Use your voice,

Deb Beacham