“How are you, what terrors are you going through? Hiding it from the Abuser, the One you ran from, and are now imprisoned in his home..”

A YouTube video with absolutely no sound leaves an impression even more powerful than the mighty roar of a lion… “Silent Child” by Family Court Abuse is a narrative/poem about the pain, grief and fear a parent experiences after their child has been placed in the custody of an abuser by an unjust order of the family court.  As a result of the ruling, the parent has been forced out of the life of their child, and can only speak through the stark black and white images of this silent video. 

The video description reads: “This is about Family Court decisions to seperate children and mothers who are victims of domestic abuse/violence, giving custody to an abusive father, how they are broken and silenced by courtroom tactics, and the painful silent space left in the home of the child and heart of the mother (and child). The lack of training in domestic abuse for Judges and Cafcass is a strong influence on decisions to force children into damaging and traumatic situations with an abuser.

What is portrayed in “Silent Child” is REAL and happening to parents in the United States, U.K. and all over the world…. family courts are awarding custody to abusive or unfit parents at alarming rates, and punishing the parent who is trying to protect the child from harm.

Studies have been conducted on the intersection of family court and domestic violence and revealed a consistent pattern in the court’s failure to protect children from harm by granting custody and/or unsupervised visitation with abusive parents:

** The Committee for Justice for Women studied custody awards in Orange County, North Carolina over a five year period between 1983 and 1987. They reported that: “…in all contested custody cases, 84% of the fathers in the study were granted sole or mandated joint custody. In all cases where sole custody was awarded, fathers were awarded custody in 79% of the cases. In 26% of the cases fathers were either proven or alleged to have physically and sexually abused their children.” Are “Good Enough” Parents Losing Custody to Abusive Ex-Partners? (Leadership Council)

** “Only 10% of children alleging incest are adequately protected from their identified perpetrators by family courts through long-term supervised visitation orders or no-contact orders. The remaining 90% of children disclosing abuse receive no protection, with 70% continuing in shared custody and visitation arrangements without any supervision, and 20% being placed in the custody of the parent they accused of the sexual abuse, and losing unsupervised or all contact with the parent who sought to protect them.” FACT SHEET CHILD SEXUAL ABUSE IN CUSTODY DISPUTES (Child Abuse Solutions, Inc.)

** “… A history of violence does not stop batterers from obtaining custody. In fact, a history of abuse seems to increase the likelihood that the batterer will seek custody…In one recent study in Massachusetts, fifteen of the forty fathers (approximately 38 percent) who sought custody received sole or joint custody of the children, despite the fact that each and every one of these men were reportLosed to have abused both the mother and the child/children prior to separation and continued to do so after separation..” “One More Battleground: Domestic Violence, Child Custody, and the Batterers’ Relentless Pursuit of their Victims Through the Courts” by Mary Przekop

** “My own survey of the case law in 2001 identified 38 appellate state court decisions concerning custody and domestic violence. The survey found that 36 of the 38 trial courts had awarded joint or sole custody to alleged and adjudicated batterers. Two-thirds of these decisions were reversed on appeal. –  Joan S. Meier, Esq., Domestic Violence, Child Custody, and Child Protection: RATES AT WHICH ACCUSED AND ADJUDICATED BATTERERS RECEIVE SOLE OR JOINT CUSTODY (Compiled by Joan S. Meier, Esq).

The tragic result of family court failures is that children are being abused and have absolutely no avenue for help or legal protection because the abuser is being protected by the legal system (not the child), and the child has become silenced. As parents and professionals we have a responsibility to protect our children.. and when systems fail, it is our responsibility to fight for justice so these silenced children can finally have a voice. 

 

 

 

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