Damned if you do, damned if you don’t. CA appeal court upholds termination of parental rights for mother for not breaking free of abusive father.

Another case has emerged from the Fourth District Division Two appellate court which underlines the insanity that so many of us experience in juvenile and family law cases.

In this instance, the mother’s parental rights were terminated as in the eyes of the court she was weak and in NEED of breaking free from father in order to learn the skills necessary to stand up for herself and her children. The appellate court affirmed.

“Thus, the court opined that it did not see “an opportunity or positive feeling or anything from the father that . . . he can engage in reunification services and be successful.” Furthermore, the court observed mother to be “weak” and in need of breaking free from father in order to learn the skills necessary to stand up for herself and her children. The court was adamant that the parents not attend services together and not visit the child together. The court’s statements and observation establish its implied findings supporting its decision to deny father services pursuant to 361.5, subdivisions (b)(7), (b)(10), and (b)(11): http://www.courts.ca.gov/opinions/nonpub/E059401.PDF

However, in family law cases where women try and break free of the abuse, the family law court forces contact and refuses to protect both the women and the children exposed to the escalating abuse. Women who report abuse to the family court system are deemed as liars, denigrated and dehumanized by the court system for standing up for themselves and their children and are accused of trying to gain an advantage in custody proceedings and labeled as vexatious for expecting the trial court to protect them and their children.

In other cases women who report abuse and end up homeless have their children removed as they allowed the “abuse” to happen.  https://viewsandnewsriversidesuperiourcourt.wordpress.com/2014/10/26/comment-by-dv-survivor-riverside-cps-and-riverside-superior-court-removed-children-in-the-blame-the-victim-scenario-2/

No matter WHAT you do, in cases of abuse, you as the victim are punished as are your children.


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