First I want to say that being separated and BLOCKED from your children (FOR NO REASON other than retaliation by the child’s other parent) is one hell of a problem that people simply DON’T understand, and is very difficult to get help for. Parental Alienation is a problem which makes those who are dealing with it feel like a deserted island; alone and isolated from seemingly everyone, a societal pariah, JUDGED unworthy of parenting their very own children. You hear the talk, “You know his kids won’t even call him.” Or, “I wonder if he molested them, they never visit.”
As an analogy, you may feel like a smoker taking a smoke break, outside and out of any thoroughfare, consideration having been given by you to nonsmokers, and you isolated yourself. There you are, outside, alone, and every now and then someone passes you by and makes a face, pinches their nose, dramatically coughs to express how disgusting your habit is to them. The do this not because your smoke is bothering them as you are nowhere near enough to have them smell the cigarette; they simply treat you as an OUTCAST they shun you and hurt your feelings because they don’t want to be near a smoker, having been told that even outdoors you could kill them. Yet these same people do much worse they sit around fires built with questionable things, treated woods, particle board, even garbage containing gosh knows what/
DON’T LOSE HOPE
Every once and awhile another smoker may join you on the bench and for that 10 minutes of camaraderie, you feel a little glimmer of acceptance and understanding. That 10 minutes is meaningful to you in a healing way.
Being harmed by being ousted from your children’s lives affects EVERY aspect of your life, from health, to self-esteem, job performance, and mental wellbeing etc…
The problem is that enough of us are NOT suing outside of family court for Personal injury / Slander / Defamation / and asking for punitive damages as a result of this alienation.
I further believe that in some cases, this could be brought to a Federal Judge as a violation of a person’s Civil Rights due to discrimination (as in my case). I FIRMLY believe my ADA (American’s with Disabilities Act) rights were trampled by the Judge(s), and the opposing lawyer. I wonder how many of us were suffering an emotional breakdown, or a physical handicap that pressured the marriage into divorce?
As most of us know, when breadwinners lose income it stresses a marriage a lot. If the breadwinner was out of work due to disability this also makes it an ADA case (IMHO).
It is my NON-LAWYER opinion that issues such as these are WELL addressed in CIVIL or FEDERAL court with the time honored rules in place that help JUSTICE prevail. Civil Courts and/or Federal Courts should be able to hear issues within Family Court cases especially when there are Damages, or Constitutional Rights violations. Instead of FAMILY COURT, which is not obligated to prove anything to the standards of other courts and is very open to abuse based upon its lack of standards of evidence, weak requirements of actual proof, bias by officials, unfairness based upon indigence, lack of jury, and possibly payola of caseworkers, and maybe even Judges, especially those who are not elected.
Once the Civil Court or Federal Court has heard and decided the merits of a case related Family Court actions, especially when they awarded damages, that judgement SHOULD qualify to be presented in Family Court as evidence of Contempt of the divorce decree (almost every State has language prohibiting custodial parents from making derogatory remarks about non-custodial parents). Once your case is proven the Family Court should give much weight to all findings, decisions, judgements, or mandates passed down by these other courts.
I ALSO believe in that in cases where another court finds punitive damages in favor of the alienated parent, that this could be a game changer in the custodial parent’s behavior; they don’t want to have a judgement against them that could become very public and costly, and possibly custody changing.
I am very interested in locating lawyers who are willing to bring these claims outside of family court. Proving damages is EASY, it is similar to a Workman’s Comp claim, and a good litigation attorney should prevail. I would like my case heard in Federal Court as a discrimination and violation of my civil rights under the ADA.
I spent 30 years as a private investigator and I know how to research law, write pleadings, and even testify as to what I observed as an investigator.
To the father who posted this, please see a counsellor, and phone a friend who will support you emotionally. Don’t be a deserted Island, be an isthmus, there are people going through the same thing and you are not alone, even though you may feel that way.
Change is up to you, me, and everyone facing Parental Alienation.
God Bless you all,
God Bless America,
God Bless the Children!
Nov, 9th 2015.