Center for Judicial Excellence Faces Scrutiny Over "Child Safety First" and Congressional Briefing
Center for Judicial Excellence Faces Scrutiny Over "Child Safety First" and Congressional Briefing
Advocates Challenge CJE's Stance on Parental Alienation, Pointing to a Wealth of Scientific Evidence Supporting PA's Significant Impact on Families.
NOTE: A version of this article first appeared on Frank Report.
By Richard Luthmann
WASHINGTON, D.C. – The Center for Judicial Excellence (CJE), known for its advocacy on behalf of domestic violence survivors within the US judiciary, is facing criticism from the Parental Alienation Study Group (PASG), the Global Action for Research Integrity in Parental Alienation (GARI-PA), and other advocates. The criticism centers on CJE's recent report, "Child Safety First," which critics claim potentially overlooks significant research on Parental Alienation (PA) and might be misleading.
Scheduled to brief Congress on Wednesday, the CJE may confront questions concerning the report's methodologies and assertions. The primary concern among critics is the alleged omission or disregard for Parental Alienation, a recognized mental condition and social concern affecting numerous families amid contentious divorces.
Analysts from PASG and GARI-PA claim the CJE's report might have biases, citing over 50 questionable references and arguing that the CJE's policy recommendations may exceed their data's boundaries. The report asserts that children are at risk due to court decisions favoring shared parenting, despite numerous studies promoting shared parenting's benefits.
Adding to the controversy, the backdrop involves the federal government's incentivized funding for states that incorporate "Kayden's Law" from the Violence Against Women's Act (VAWA). Critics argue that such provisions could promote "coercive control," which is open to misuse and financially driven.
An Important Opposing Viewpoint
In a comprehensive 80-page analysis titled "Exposing Misinformation and Public Policy Deception Contained in Child Safety First," an international consortium of researchers highlights over 50 questionable citations in the CJE report. This group asserts that the CJE's policy recommendations may have gone beyond their data's scope and warns of potential undue influence on American jurisprudence.
The CJE is gearing up for a Congressional Briefing in Washington, DC. Groups like PASG and GARI-PA are calling for policymakers, the media, and the public to scrutinize the findings of the "Child Safety First" report. With the potential to shape the future of family court decisions, the stakes have never been higher.
For many, CJE and Congress cannot afford to overlook Parental Alienation issues and their effects on the courts.
Family Court Controversies Surge Amid Misuse of Parental Alienation (PA) Accusations
There are rising concerns about the misuse of Parental Alienation (PA) in family courts, primarily to distance children from their mothers. The inherent structure of the family court system often urges parents to contest each other, aiming to establish their superiority as caregivers. When vast sums of money are involved, the stakes become even higher.
Numerous high-profile cases have emerged where PA has been inappropriately leveraged to sever ties between a mother and child. Such instances often arise when family court judges receive undue discretionary powers, enabling lawyers to misuse the system against parents.
However, such high-profile instances do not constitute the general trend, says Peter Szymonik, a Constitutional and Civil Rights Activist.
"Far more common is a parent using PA to turn and keep a child away from the other parent without any basis, reason, or case. False allegations of abuse are rampant and the norm...encouraged by the system," Szymonik says.
The lack of consequences for false accusations or perjury further exacerbates the issue, Szymonik says. "The system's current functioning aligns with its design - benefiting attorneys and the state's treasury. The skyrocketing growth of the Divorce Industry, from $20 billion to $60 billion annually, despite decreasing divorce rates, is telling. Moreover, the federal Title IV-D funding to states keeps climbing each year."
Szymonik says we are in a crisis, and addressing it necessitates reevaluating our legal approach.
"Make shared and equal parenting the law, absent a finding of abuse or neglect in a court of evidence and law, which 'family' courts are not. Remove the reason for the conflict and state-sponsored destruction of children and their parents and families," he says.
Rising Domestic Violence Cases Linked to "Kayden's Law" and VAWA Funding
Maureen Martowska is a retired attorney and member of the Connecticut Shared Parenting Council and the Connecticut chapter of the National Parents Organization. She has concerns about the potential misuse of "coercive control" in custody battles, primarily due to the federal government's incentivized funding for states that incorporate "Kayden's Law" from the Violence Against Women's Act (VAWA).
Martowska says the reauthorization of VAWA in 2022 included substantial grants such as the STOP (Services, Training Officers, and Prosecutors) Violence Against Women Formula Grant Program and the Sexual Assault Services Program (SASP).
But Martowska warns some state organizations are adopting "a gender-based approach where they feel once an abuser always an abuser and that men are by nature more aggressive. Importantly, they know that Parental Alienation is the obstacle to winning their case. Therefore, they have adopted the narrative that PA is junk science and coercive control should be interpreted broadly."
Notably, under Kayden's Law, any domestic violence accusation prevents the accused from using it as a defense and restricts PA evidence introduction. States adopting this law into their regulations stand to receive millions in federal funding.
"Right now, there is a nationwide push by Attorney Danielle Pollack and Dr. Joan Meier of the National Family Violence Law Center at George Washington University," says Martowska. Their primary objective is channeling these federal funds to educate judiciary members, court staff, and court vendors about domestic violence with a "gender-bent" and refuting Parental Alienation as "junk science," she says.
Martowska is concerned that unless the CJE and Congress address issues with VAWA funding, actual victims of domestic violence may not be supported.
The Alienated Parent
Dr. Luigi DiRubba, a Connecticut chiropractor, knows the harm extreme PA causes after having been embroiled in a contentious and costly divorce for many years. He was made to become an alienated parent.
His concern is that VAWA legislation might undermine measures previously considered essential to address severe Parental Alienation (PA) dynamics.
"Historically, one of the most potent responses to extreme PA situations has been the temporary placement of children with the alienated parent," Dr. DiRubba notes. "This approach is designed to shield the child from potential psychological harm and re-establish a balanced family dynamic. Laws like Kayden's seem to side-step this approach, potentially leaving children at risk."
A central criticism is that the new legal frameworks might operate on a "guilty until proven innocent" basis, Dr. DiRubba says.
"This inversion of the principle of justice is deeply troubling," Dr. DiRubba laments. "Especially when the law leans heavily on research that might not have undergone rigorous verification."
A Message to the CJE and Congress
PA advocates and advocacy groups stress how crucial it is for legislation and public policy impacting millions of families to be informed by a comprehensive body of evidence-based and peer-reviewed research. The message from PASG, GARI-PA, and PA advocates is clear: be wary and let research integrity prevail in the face of potential misinformation.
Richard Luthmann is a writer, commentator, satirist, and investigative journalist with degrees from Columbia University and the University of Miami. A transplanted New Yorker, Luthmann is a member of the National Writers Union now living in Southwest Florida.
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Contact Richard Luthmann at 239-631-5957 or richard.luthmann@protonmail.com.
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