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letter from a parent about alienation
Thanks again.
The judge's thinking was very close to what
I thought it was and he is a very fair man - as
all of our judges have been.
I think it is probably relatively rare to raise to Mary's level, but the lack of consideration for
"alienation" as abuse in our case is a problem. Education should be a high priority for legal professionals and
the law should be smartly changed to deal with
this. The fact that "alienation" can rise to the level of child abuse should be motivation for courts to discourage it quicker
and stronger when there are signs. The book
"Divorce Poison" fits Mary like a glove and think temporary changes in custody in early 2009 might have produced a better result
for my sons. The temporary change would have either
woke up Mary and John or the boys would have recovered somewhat and then the
whole 180 degree behavior thing (Oklahoma vs. Virginia) would have been relatively obvious.
The bigger thing that should change is that cases like ours should be treated
less like a legal problem and more like a family health
problem. There probably would still be a role for judge/lawyer kinds of people for decision making and arbitration, but "continuity of care"
like there is in the medical profession
is important so that better decisions can be made quicker. Again, Judge P would have never transferred jurisdiction
like Judge D did and she wouldn't have made the decisions Judge M made because she understood who Mary was. Judge M wouldn't have made Judge D's ruling at that time because he understood who Mary was. This system is very similar to a patient having many
Doctors that can't talk to each other --- There
is no chance to come up with a good diagnosis quickly
primarily because it is built to protect the rights of the parties instead of treat it as a family
medical problem. Information absolutely should be kept like Dr's notes and passes from decision maker to decision maker. Deciding
without understanding the history is ludicrous. The idea of having evidentiary rules for this kind of thing is absurd.
Evidentiary rules should be reserved
for criminal and civil cases --- not family health issues. The law should be written to quickly push this kind
of thing into a mediation/mental
health kind of system quickly when it is obvious that the parties want to fight - especially in cases where children are involved. The rule should be that
all information will be considered. Lawyers and judges
would still be very qualified to apply the information logically and correctly. Just eliminate evidentiary rules that are designed to protect rights,
but end up being used to keep the Dr. from making a quicker and better diagnosis.
note :
reprinted with permission from the parent. names have been changed. text was not changed.
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