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Expert Dr. Robert Geffner: Courts Under Thrall of Dangerous “Parental Alienation Syndrome” Myth Award Custody to Violent, Abusive Parents

San Diego, CA – June 20, 2006 - Child abuse experts Dr. Robert Geffner warns that “Parental Alienation Syndrome” (PAS) is junk science – a psychiatric “disorder” that isn’t recognized by any mental health or medical association, isn’t supported by research, and hasn’t even been published in established peer-reviewed professional journals. But PAS has been used by the courts to award sole custody of hundreds of children to the parents accused of sexually or physically abusing them.

 

Dr. Robert Geffner, President of the Institute on Violence, Abuse and Trauma (IVAT) at Alliant International University, located in San Diego, CA. 

Irene Jensen is one the very few parents who have regained custody of her child before she reached 18. Jensen, whose story was told in an article published by the Los Angeles Daily News on Monday, June 19, says that she is grateful to Dr. Geffner for his help during her 13-year legal struggle, even though the nationally esteemed Geffner was not allowed to testify in court.

I have seen hundreds of these cases,” says Geffner, “And more times than not, real research never gets into the courtroom. Many in the court system and even some mental health professionals generally believe that allegations of child abuse during divorce and child custody battles are frequent, when in fact they occur in less than 20% of all cases. Many in family court systems also tend to think that most allegations of child abuse in child custody cases are false, when they’re in fact substantiated 30-40% of the time – about as often as child abuse allegations are substantiated outside of divorce cases. And that’s tragic, because the belief that child abuse charges are false in turn leads attorneys, judges, child protective workers and custody evaluators to fail to objectively investigate each case objectively and thoroughly to ensure children are protected.”

That’s exactly what happened with Irene Jensen and her daughter Tiffany: court records show that Jensen’s Tiffany told her mother that her father had physically abused her. Jensen reported the incident to sheriff's officials, who found a “lack of sufficient evidence to prove a crime.”

“Lack of sufficient evidence and lack of substantiation simply means that those who are looking at the evidence haven’t seen enough evidence to prove that the abuse occurred,” says Geffner. “But since relatively few court officials and child custody evaluators have been trained to evaluate child abuse, they often don’t recognize the evidence. In addition, it is sometimes very difficult to obtain concrete evidence to substantiate abuse in young children.”

Worse is a process that turns justice on its head by demonizing the parent who is trying to protect their child and has made statements about them being abused. “Many professionals connected with the courts are operating under the influence of and acting on a dangerous myth. PAS is fictitious, but the life-long damage it has inflicted on countless children is only too real,” Geffner says. Both children who are exposed to intimate partner violence and those who are physically or sexually abused often are affected throughout their life span if the abuse is not recognized and treated.  Many adults experience symptoms ranging from anxiety, sleeplessness, and panic attacks to a recurrent inability to trust other adults and form stable relationships but don’t connect those problems to their childhood history of abuse.

PAS, Geffner explains, is not a diagnosis, but rather a circular argument: “Because professionals and others in the legal system assume that charges of sexual and physical abuse of a child must be false, they view the parent reporting the allegations as hysterical, manipulative, obsessed, or crazy. The protective parent – usually the mother - is branded with the mythical Parental Alienation Syndrome and is accused of brainwashing the child against the other parent. The child, who may not have felt safe enough to disclose abuse until she was away from the offender, is believed by the mother, but not by the court or evaluators. The child withdraws from the father, and the court sees this as ‘evidence’ that the mother is brainwashing or alienating the child. The court reacts punitively, limiting the mother’s custody rights and ability to protect the child. The more upset she becomes, the more evidence the court has of her instability.  It becomes a self-fulfilling prophecy.”

 

Geffner points out that domestic violence and stalking also contribute to this scenario. Although those untrained in the areas of domestic violence and child abuse often inaccurately believe that there is no relationship between the two, research has consistently demonstrated just the opposite. “Offenders who batter their spouse are using violence and abuse to gain power and control over their spouses,” Geffner explains. “They use the same tools to control their children.”

 

Scientifically speaking, “PAS is a myth – junk science,” says Geffner. It was defined in the late 1980’s by Dr. Richard Gardner, who committed suicide in 2003. Gardner self-published most of his ideas, and they have not undergone methodologically sound research testing. But despite the fact that PAS as a “syndrome” is not recognized by the American Psychiatric or Psychological Associations, and the fact the California State Legislature and many professional organizations have tried to end its use in custody cases, Geffner says he is frequently called to consult and testify in cases where it is alleged. Senator Sheila Kuehl, D-Los Angeles, sponsored legislation to address problems created by use of the legal tactic. 

Geffner notes that there are indeed cases in which one parent attempts to turn a child against the other parent, and that this alienation can be observed and evaluated objectively without jumping to an inferential conclusion of PAS. Appropriate recommendations can then be made to more properly parent a child.  However, it is important to distinguish these cases from those with allegations of abuse.

 

About Dr. Robert Geffner


Dr. Geffner is the President of the Institute on Violence, Abuse and Trauma (IVAT) at Alliant International University, located in San Diego, CA.  IVAT also includes the Family Violence & Sexual Assault Institute, which he founded over 20 years ago.  He is a Licensed Psychologist and a Licensed Marriage & Family Therapist in California and Texas, and holds a Diplomate in Clinical Neuropsychology and in Family Psychology.

 

Dr Geffner is the Editor of the Journal of Child Sexual Abuse and Journal of Aggression, Maltreatment, & Trauma, and co-editor of Journal of Emotional Abuse. Among his publications are treatment manuals and co-edited books concerning family violence and child maltreatment (e.g., Identifying and Treating Youth Who Sexually Offend, 2005; The Effects of Intimate Partner Violence on Children, 2003; The Cost of Child Maltreatment: Who Pays? We All Do, 2001; Bullying Behavior: Current Research, Interventions, and Prevention Programs, 2002; Domestic Violence Offenders, 2002).   Dr, Geffner is also the President-Elect of the Trauma Division of the American Psychological Association (APA), and immediate Past President of the Divisions for Social Justice in APA.

 

About Alliant International University


An independent, not-for-profit institution of higher education with a history distinguished by innovation, Alliant International University focuses on preparing upper-division undergrads and graduate students for professional careers in psychology, education, business and other social science fields. Alliant was formed in July 2001 through the combination of the California School of Professional Psychology (CSPP) and United States International University (USIU). Alliant enrolls approximately 3,600 students at six locations in California, as well as in Mexico and Tokyo.

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(415) 955-2037; ntoussaint@alliant.edu