Why Family Courts Fail Protective Mothers & Children: 20 Common Mistakes in Evaluations Judges Miss

domesticshelters.org
5 Apr 202289:21
EducationalLearning
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TLDRThe video script features a presentation by Ashley Rumschlag, CEO of Theresa's Fund and domesticshelters.org, along with experts Barry Goldstein and Veronica York, discussing the shortcomings of family courts in addressing domestic violence and child abuse within custody cases. They highlight the lack of specialized knowledge among court evaluators and judges, leading to common mistakes that disadvantage protective mothers and put children at risk. The speakers emphasize the importance of understanding domestic violence as a gendered issue and the need for courts to prioritize child safety over ideological practices like shared parenting, which often do not serve the best interests of the child. The presentation calls for mandatory training for court professionals in evidence-based approaches like ACEs (Adverse Childhood Experiences) and Saunders' research to improve court responses to domestic violence and protect children more effectively.

Takeaways
  • πŸ“š The presentation discusses the failure of family courts to adequately protect productive mothers and their children, highlighting common mistakes made during evaluations.
  • πŸ‘©β€πŸ’Ό Ashley Rumschlag, CEO of Theresa's Fund and domesticshelters.org, introduces the topic and emphasizes the importance of addressing domestic violence in custody cases.
  • 🀝 The panel includes experts Barry Goldstein and Veronica York, who share their extensive knowledge on domestic violence, child abuse, and the issues within family courts.
  • πŸ” The discussion emphasizes the need for better training and understanding of domestic violence dynamics among court evaluators and professionals.
  • 🚫 The court system is criticized for its bias towards abusive fathers and its failure to recognize the signs of abuse and manipulation in custody cases.
  • 🧐 The use of psychological evaluations in custody cases is questioned, as they often fail to account for the specific context of domestic violence and child abuse.
  • πŸ™…β€β™€οΈ The presentation points out the courts' tendency to blame mothers for the father's abusive behavior, which reflects a form of gender bias.
  • πŸ’” The impact of adverse childhood experiences (ACEs) is detailed, explaining how exposure to domestic violence and abuse leads to lifelong health and social problems for children.
  • πŸ“‰ The discussion underscores the importance of using evidence-based practices like the Saunders study and ACE research to improve outcomes for children in custody cases.
  • βœ… The necessity for a multidisciplinary approach involving domestic violence experts is stressed, to better identify and address abuse in custody disputes.
  • πŸ“ˆ There is a call to action for legal reforms, including the passage of laws like the Safe Child Act and training for court professionals, to prioritize child safety in custody decisions.
Q & A
  • What is the title of the presentation Ashley Rumschlag is introducing?

    -The title of the presentation is 'Why Family Courts Fail Productive Mothers and Their Children: 20 Common Mistakes in Evaluations, Judges Miss'.

  • Who are the two main presenters for the webinar?

    -The two main presenters for the webinar are Barry Goldstein and Veronica York.

  • What is the role of domesticshelters.org in the context of this presentation?

    -Domesticshelters.org is the organization that Ashley Rumschlag, the CEO and president, represents. The organization is hosting the webinar and is focused on issues related to domestic violence, including child custody issues.

  • What is the significance of the Purple Ribbon Awards mentioned in the presentation?

    -The Purple Ribbon Awards is a program that honors heroes of the domestic violence movement. Winners are recognized at a virtual award ceremony, featured on domesticshelters.org, and have a chance to receive up to $30,000 in grants.

  • What is the main issue that Barry Goldstein and Veronica York are addressing in their presentation?

    -Barry Goldstein and Veronica York are addressing the common mistakes made in family court evaluations that fail to protect productive mothers and their children in cases involving domestic violence and child abuse.

  • What is the role of ACEs (Adverse Childhood Experiences) in the context of domestic violence and child custody cases?

    -ACEs refer to traumatic events in childhood that can lead to negative lifelong effects on health and well-being. In the context of domestic violence and child custody cases, understanding ACEs is crucial for recognizing the impact of stress and fear that children experience, which can be minimized or misunderstood by court professionals without the proper training.

  • Why is it important for family court professionals to have specialized knowledge in domestic violence?

    -Specialized knowledge in domestic violence is important because it enables court professionals to accurately recognize and respond to domestic violence dynamics, which are often misunderstood or overlooked. This specialized knowledge helps to ensure the safety and well-being of children and protective parents in custody cases.

  • What is the 'Saunders Study' and why is it relevant to family court cases?

    -The 'Saunders Study' is a peer-reviewed scientific research study from the National Institute of Justice that reviewed the domestic violence knowledge of judges, lawyers, and evaluators. It is relevant because it highlights the need for court professionals to have more than generalized knowledge about domestic violence, including risk assessment and the impact on children, to make informed decisions in family court cases.

  • What is the significance of the 'Battered Mother's Custody Conference' mentioned by Barry Goldstein?

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  • What are some of the common mistakes made by evaluators in domestic violence and child custody cases?

    -Some common mistakes made by evaluators include focusing on public behavior as an indicator of private behavior, failing to consider ACEs and Saunders research, discrediting true reports of abuse based on non-probative behaviors, and assuming that allegations of child sexual abuse are false without thorough investigation.

  • Why is it a mistake for courts to treat domestic violence and child abuse cases as 'high conflict' cases?

    -Treating these cases as 'high conflict' gives a false equivalency between an abuser and the victim. This approach often fails to recognize the power dynamics and control issues at play in domestic violence situations, which can lead to inappropriate decisions that do not prioritize the safety and well-being of the child.

Outlines
00:00
πŸ˜€ Introduction and Presentation Overview

Ashley Rumschlag, CEO of Theresa's Fund and domesticshelters.org, introduces the presentation on the shortcomings of family courts in addressing domestic violence and child abuse cases. She is joined by Rachel Myers and Hannah Craig, who will monitor the chat and Q&A. The webinar offers live closed captioning, a transcript, and a certificate. Attendees are encouraged to submit questions through the Q&A box. An upcoming webinar with Katie Campbell on pet-friendly shelters is announced, and the nomination deadline for the Purple Ribbon Awards is extended.

05:02
πŸ‘ Welcoming the Expert Panelists

Barry Goldstein and Veronica York are introduced as the expert panelists. Goldstein, a domestic violence author, speaker, and advocate, has extensive experience in the field and has written multiple books on domestic violence and child abuse in custody cases. York is a certified high conflict divorce coach and an expert in domestic violence and child abuse custody cases. They discuss the importance of the Battered Mother's Custody Conference and the need for expertise in handling domestic violence in custody disputes.

10:06
πŸ“š The Flawed Family Court System

The panelists discuss the systemic issues in family courts that often fail to protect victims of domestic violence and their children. They highlight the lack of current research and the influence of fathers' rights groups on court decisions. Goldstein emphasizes the need for domestic violence experts in court and the importance of focusing on child custody issues within the broader context of domestic violence.

15:07
πŸ€” Common Misconceptions in Custody Cases

The speakers address the common mistakes made in custody cases involving domestic violence. They discuss the mishandling of cases by evaluators who lack expertise in domestic violence and child abuse. The courts' reliance on flawed practices and the tendency to favor abusive fathers are critiqued. The panelists also mention a study from Duchess County, New York, which revealed the negative impact of the current custody court system on preventing domestic violence.

20:07
🧐 The Role of ACEs and Saunders Study

The panelists discuss the significance of the ACE (Adverse Childhood Experiences) study and the Saunders study in understanding the long-term effects of domestic violence on children. They stress the importance of recognizing the impact of stress and fear on children's lives and the need for courts to consider these factors in custody cases. The speakers also highlight the connection between domestic violence and the higher risk of lethality.

25:11
πŸ™…β€β™€οΈ Gender Bias and False Reporting Assumptions

The discussion continues with the issue of gender bias in the courts and the incorrect assumptions that mothers often make false reports of abuse. The panelists criticize the use of non-probative behaviors to discredit true reports of abuse and the reliance on the myth of parental alienation. They argue for the need to educate court professionals about the dynamics of domestic violence and the importance of ACEs in understanding the full impact of abuse on families.

30:13
πŸ‘¨β€πŸ‘©β€πŸ‘§β€πŸ‘¦ The Impact of Domestic Violence on Children

The panelists emphasize the importance of understanding the impact of domestic violence on children, including the stress and fear they experience. They discuss the role of ACEs in determining the long-term health and social problems that children may face. The speakers also address the issue of child sexual abuse allegations and the need for proper handling of such cases in the court.

35:14
πŸ“ˆ Research and Reform in Custody Cases

The speakers call for the use of scientific research, such as the ACE and Saunders studies, to inform custody case decisions. They discuss the need for reforms in the court system to prevent the recurrence of common mistakes made by evaluators. The panelists also mention the role of legislators in driving these reforms, especially when courts are reluctant to change.

40:14
🀝 Collaboration and Expert Testimonies

The panelists discuss the importance of collaboration between domestic violence advocates and the legal system. They highlight the value of expert witnesses in custody cases and the need for attorneys to be well-versed in the research related to domestic violence. The speakers also touch on the challenges faced by same-sex couples in custody disputes and the unique dynamics involved.

45:16
πŸ“š Final Thoughts and Closing Remarks

The panelists conclude the presentation by reiterating the importance of the research and the need for systemic change within the court system. They express gratitude for the opportunity to discuss these critical issues and encourage further dialogue and action to protect children in custody cases involving domestic violence.

Mindmap
Keywords
πŸ’‘Family Courts
Family courts are judicial tribunals that handle various family-related issues, including child custody disputes. In the context of this video, family courts are criticized for failing to adequately protect the interests of productive mothers and their children, particularly in cases involving domestic violence.
πŸ’‘Domestic Violence
Domestic violence refers to physical, emotional, or sexual abuse between individuals in a close relationship. The video discusses how family courts often mishandle cases involving domestic violence, leading to negative outcomes for victims and their children.
πŸ’‘Productive Mothers
The term 'productive mothers' in this context likely refers to mothers who are actively engaged in caring for their children and maintaining a household. The video suggests that these mothers and their children are often let down by family courts during custody disputes.
πŸ’‘Custody Evaluations
Custody evaluations are assessments conducted by professionals to help courts determine the best custody arrangement for children. The video highlights that these evaluations frequently contain mistakes that can lead to unfair custody decisions, particularly in cases with domestic violence.
πŸ’‘Judicial Oversight
Judicial oversight refers to the responsibility and actions of judges in overseeing legal proceedings. The script implies that judges may miss critical details in custody cases, contributing to the failure of family courts to protect victims of domestic violence and their children.
πŸ’‘Theresa's Fund
Theresa's Fund is an organization mentioned in the video that likely provides support and resources for victims of domestic violence. The CEO and president of Theresa's Fund is a speaker in the presentation, indicating the organization's involvement in advocating for policy changes within family courts.
πŸ’‘DomesticShelters.org
DomesticShelters.org is a website and organization that provides information and assistance to victims of domestic violence. The presenter is the CEO and president of this organization, which suggests the video's focus on the intersection of domestic violence and family court proceedings.
πŸ’‘Purple Ribbon Awards
The Purple Ribbon Awards is a program mentioned in the video that honors heroes in the domestic violence movement. It is significant as it represents a positive initiative to recognize and support those working to combat domestic violence.
πŸ’‘Battered Mother's Custody Conference
The Battered Mother's Custody Conference is an annual event that addresses issues faced by mothers in custody battles related to domestic violence. It is highlighted in the video as an important gathering for sharing experiences and strategies for protective mothers.
πŸ’‘ACEs (Adverse Childhood Experiences)
ACEs refers to potentially traumatic events experienced in childhood that can have long-term negative effects on health and well-being. The video emphasizes the importance of understanding ACEs in the context of family court decisions, particularly regarding the impact of domestic violence on children.
πŸ’‘Evaluator Mistakes
Evaluator mistakes are errors made during the assessment of family situations for custody decisions. The video discusses how these mistakes can lead to unfair judgments that do not consider the best interests of the child, especially in cases involving domestic violence.
Highlights

Family courts are failing productive mothers and their children due to common mistakes in evaluations and judgments.

Ashley Rumschlag, CEO of Theresa's Fund and domesticshelters.org, introduces the presentation and her team.

Live closed captioning is offered for the webinar, with transcripts available post-presentation.

The importance of using the Q&A box for presenter questions and the chat for attendee communication is emphasized.

Katie Campbell is announced as the speaker for the next webinar on pet-friendly shelters.

The deadline for purple ribbon award nominations has been extended, highlighting the program's aim to honor heroes of domestic violence.

Barry Goldstein and Veronica York, both experts in domestic violence and child abuse, join as presenters to discuss common court errors.

Domestic violence organizations are criticized for not prioritizing child custody issues in their work.

Court practices are identified as flawed, favoring abusive fathers and risking children's safety.

A study in Duchess County, New York, revealed the court system's extreme bias towards abusive fathers in custody cases.

Evaluators in court are prone to making the same mistakes due to a lack of expertise in domestic violence and child abuse.

Goldstein and York have compiled a list of over 80 common mistakes made by courts and evaluators in handling domestic violence cases.

The concept of 'high conflict' in custody cases is critiqued for giving false equivalency between abuser and victim.

The Saunders study is highlighted for its findings on the lack of domestic violence knowledge among court professionals.

ACEs (Adverse Childhood Experiences) are discussed as a critical framework for understanding the impact of domestic violence on children.

The need for domestic violence experts in court is emphasized to counteract the misinformation provided by non-specialists.

The presentation calls for a shift in court practices to prioritize the health and safety of children in custody cases.

Veronica York discusses the gender bias in courts where mothers are often blamed for the father's abusive behavior.

Transcripts
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