(Sacramento) – Assembly Bill 612, legislation from Assemblymember Jim Beall, Jr. (D-San Jose), outlawing unscientific “alienation’’ theories that have fueled bitter and expensive child custody battles, cleared its first hurdle on Tuesday when it was approved by the Assembly Committee on Judiciary. Supporting the measure at the hearing was award winning television star Nancy Lee Grahn (General Hospital’s Alexis Davis) and others.
The bill seeks to prohibit courts from considering nonscientific theories when making decisions on child custody or visitation. The American Psychological Association Presidential Task Force on Violence and the Family “noted the lack of data to support so-called ‘parental alienation syndrome,’ ’’ according to an association statement.
AB 612 would also eliminate training in non-scientific theories, such as parental alienation theories, from Judicial Council-approved education for family court professionals.
“We want to change a harmful family court practice that apparently has gone unchecked for some time, resulting in innocent children being improperly placed,’’ Beall said. “This legislation requires family courts to follow the legal principals of accepted evidence. Pseudo ’syndromes’ should not be allowed as evidence in life-altering custody determinations.
The Parental Alienation Syndrome presupposes that the custodial parent brainwashes the child to make false statements against the other parent. The theory or syndrome has been employed by some abusive parents to regain custody of the victimized child, experts say.
“Too many times, court evaluators are sidetracked by this pseudo syndrome into presuming the child’s hostility toward the non-custodial parent resulted from ‘programming’ by the custodial parent while completely ignoring symptoms of abuse or domestic violence by the non-custodial parent,’’ Beall said.
By prohibiting non-scientific theories, the bill makes evidentiary standards in family court more consistent with other courts.
For additional details on each of the measures please visit the website of Assemblymember Beall: www.asm.ca.gov/beall
Here are links to audio of Assemblymember Beall and Nancy Lee Grahn:
Nancy Lee Grahn says parental alienation syndrome is bogus science.
Contact: Rodney Foo @ (408) 282-8920
May 14, 2009 at 2:26 am
When the San Diego family law courts, police, DA, and sheriff refused to listen to my pleas for help, my daughter was sentenced to being in full custody of her father and I almost went to prison for trying to protect her. After his arrest five years later on multiple counts of child molestation and forcing children into child pornography, I now have my daughter safely with me. I firmly believe that had he not slipped up, he would still be abusing children with the court’s consent.
When I first reported abuse, I was accused of PAS. From that point on no one would believe me nor my daughter. While we face years of emotional and mental repair, thousands of other children still live the nightmare. This has to stop.
May 14, 2009 at 12:07 pm
Please post the names of the judge(s), lawyers, mediators, psychologists, et al who accused you of PAS so that their names can be added to the Hall of Shame. Feel free to write the whole story and it will be posted.
May 14, 2009 at 12:52 pm
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