Subject: January FACE Newsletter

From: [email-masked] (aaron.l.hoffmeyer)
Date: Mon, 11 Jan 1993 10:50:03 GMT

The January Central-Ohio Fathers and Children for Equality (FACE) Newsletter

[Distribute this to whomever you wish.  Upload it to BBSs. Just don't
charge for it.]

Constance and Peter O'Shaughnessy, who divorced in 1982 but have fought
for 10 years over custody of their son, Ryan, refused to give it a rest
even after Ryan was killed, at age 15, in an auto accident in July.
Peter accused Constance of making the unilateral decision that Ryan
would be cremated, which upset him. She denied it. But Ryan's ashes
were then divided between them. The two are still battling over whether
the ashes will be combined in the O'Shaughnessy family plot, whether
Constance will have the right to visit, and what message will be on his
grave marker.
	-  from the _Austin Chronicle_

------------------------------------------------------------------------

Martha Fineman, Professor of Law and Director of the Family Policy
Program of the Institute for Legal Studies at the University of
Wisconsin, argues that court imposed joint custody is unfair to mothers
in that it has been advocated by fathers' rights groups as a solution
to the historic failure of non-custodial parents-usually fathers-to pay
child support:

	"Joint custody ... empowers fathers as a group without
	requiring any demonstration of responsibility ... in no other
	area does the law reward those who have failed in their duties
	as an incentive for them to change their behavior."
	  - Fineman, "Dominant Discourse, Professional Language, and
	    Legal Change in Child Custody Decision-making," _Harvard Law
	    Review_ 727, 759.  (1988)

========================================================================

Contents

From the Desk of the Editor

	- tidbits

Congress Authorizes Study of Access (Visitation) and Other Issues

	- the Shelby/Hyde bill, besides creating draconian child
	  support enforcement measures, especially making "perceived"
	  flight out-of-state "to avoid child support" a felony, did
	  state that a commission, similar to the one which recommended
	  the changes for child support, be created to address the
	  issue of visitation.  Let's watch the new legislature and
	  make sure this commission is funded and gets quickly
	  underway.

Equal Time for Dads

	- Texas has drafted a visitation enforcement bill--which, if
	  passed, would make it one of the few states to do so.

Moving from a One-Home Family to a Two-Home Family

	- some good advice from _Mom's House, Dad's House_ by Isolina
	  Ricci--still one of the best books on the topic.

Assault on the Family

	- much rebuttable, "end-of-the-world" propaganda from _US News &
	  World Report_.  It was Christmas.  They just couldn't let it
	  pass without some "Bah, humbugs."

Divorce Disrupts More Than Alcohol or Drugs

	- divorce affects about 50% of the workforce at least once.
	  Often, it can cause years of problems for employees.  Maybe
	  businesses should start looking at how much this issue
	  affects them, and start helping their employees--if not for
	  anything than to minimize their loss of productivity.

So, What's on TV?

	- a piece from the world of television.  Nah, men are not
	  routinely discriminated against....  It never happens.

How to Handle Child Abuse Allegations

	- from a psychologist for other psychologists.  Not a bad
	  article.  It should illustrate that the profession is getting
	  wiser to the false allegations hysteria.  However, it is
	  still the profession that inspires them too.

False Allegations of Abuse: Why, Why Not, And What?

	- a good summary piece from Anne Mitchell, JD.  It describes
	  the current situation quite accurately and offers lots of
	  good advice.

How to Deal with False Child Molestation Charges

	- some more good advice from a man who successfully defended
	  himself from such allegations.

Is It Time for the Pendulum to Fall?

	- grandparents visitation rights--a summary from Illinois.

Ohio's Domestic Relations Law [local law]

	- another in our series describing the law in this state.

Child Support Modifications [local procedures]

	- another (and I think, last) in our series on child support
          law in this state.

Good Reason Needed to Deviate on Support, Court Says [local ruling]

	- can't deviate from the child support guidelines.  On the
	  surface it looks like a rhetorical victory for fathers--until
	  you recognize that the state can still set your income at
	  anything they want if they think you are voluntarily
	  underemployed.  What this ruling states is they can calculate
	  your income based on what they think you can make, but then
	  they must follow the guidelines in calculating support from
	  their "theoretical" amount.  Amazing.

Court Reverses Order to Wear `Need Job' Sign

	- No, it's a great system.  See, Judge Roy Bean was overruled.

The Children's Rights Council's 7th National Conference

	- ATTEND THIS!!!!

More Elderly Divorcing, Lawyers Say

	- while the divorce rate for youngsters and yuppies has
	  started to wane, the elderly are trying their best to keep
	  the numbers up there.  Of course, the population as a whole is
          getting older, so....

========================================================================

From the Desk of the Editor

[Several items deleted because they are only pertinent to local members
of the group.]

Now that the holidays are over (we hope they were good to you and that
you got to see your children), it's time to get back to business. 1993
is going to be an interesting year. There are a lot of issues we will
be addressing. Senator Schafrath's visitation bill will be seriously
considered by the current legislature-the prospects look good. A
national bill has been introduced in Congress and will be considered by
the Senate and House. The state Child Support Commission hearings are
almost over-one more month, a few more hearings, reports due in the
spring-and again, the prospects look quite good. And, we've made some
interesting cooperatives in the last year and we should start seeing
fruits from those joint ventures.

Several of the articles in month's Newsletter focus on false alle-
gations of child abuse made as part of the divorcing process to ensure
an award of sole custody. This is an important issue. It is also a
topical issue.

Watch _48 Hours_, Wednesday, January 13th @ 10 p.m. One of the stories is
on fathers fighting to maintain their parental relationships with
their children.

For those of you who don't know, this Newsletter is not only
distributed to our members, judges, referees, attorneys and psy-
chologists in central-Ohio, it is also distributed electronically via
several different international newsgroups. We have a voice. We can
change things.

========================================================================

Congress Authorizes Study of Access (Visitation) and Other Issues

Congress has authorized the creation of a national Commission 
of Child and Family Welfare, which would have a special empha-
sis on child access (visitation).

The commission is part of the Hyde/Shelby bill passed unanimously by
Congress, which would make it a federal crime to flee across state
lines to "willfully" avoid payment of financial child support.

The bill, S. 1002, received final Congressional approval on October
6, 1992, and was signed by the President.

Under Congress's two-step process, the authorization for the commission
must now await Congressional funding. Senator Herbert Kohl (D-WI), the
major sponsor of the interstate commission, tried to get Congress to
fund $2 million for the commission, but the rush to Congressional
adjournment in early October made the funding bid impossible. $2
million is the same cost as the Child Support Commission previously
authorized by Congress.

At this point, funding cannot occur until early in 1993, when the new
Congress convenes. Members of the commission would not be appointed
until after funding is approved, which means that the commission
members probably would not be appointed until mid-1993 at the
earliest.

"All supporters of active parenting of children after separation or
divorce thank Senator Kohl for proposing this commission and fighting
for its passage," said CRC President David Levy. "The commission will
provide a national forum that we have needed for a long time."

Source: from a publication of the Children's Rights Council 

========================================================================

Equal Time for Dads

Rep. Henry Cuellar, D-Laredo (Texas), is considering introducing a
bill that would guarantee the rights of divorced fathers to visit their
children.

The man who put the bug in Cuellar's ear is Gus Pineda Pena of Laredo,
who has conducted vigils outside the Webb County Justice Center with
signs proclaiming "Fathers Can Nurture Too" and "We Need Visitation
Enforcement."

Pineda is divorced and has had difficulty visiting his children.
"Fatherhood is a serious business," he said. "It's not just about
sending payment every month."

Source: _Austin American Statesman_, November 17, 1992

========================================================================

Moving from a One-Home Family to a Two-Home Family
By Judith Thomas, Ph.D.

[Note: The following information is based on material in the book _Mom's
House, Dad's House_ by Isolina Ricci (New York:  Macmillan, 1980.)]

Much of our popular conception of divorce is based on the idea that the
end of a marriage marks the end of a family. While that may be true for
families without children, it is false where children are involved.
When a couple with children decides to end their marriage, they are
faced with the task of reorganizing their family. Most recent research
on divorce suggests that the reorganized family that best meets
children's needs has two homes--mom's house and dad's house--where
children are equally welcome and at home.

If you were a child whose parents were getting a divorce, what would
your parents have to say and do to help you feel that you now have two
homes instead of one? Most children say that they want their parents to
assure them they are still loved and will be taken care of by both
parents. They also want their parents to handle any conflicts between
them in a positive manner so that they, the children, aren't caught in
the middle.

In terms of practical arrangements, children need a block of unbroken
time with each parent, including time spent overnight.  The length of
time may vary, depending on the ages of the children and individual
variation. Ideally it will include both weekend and weekday periods.
They also need to have their own things in both homed and to have a
special, permanent place for them, even if they spend more time in one
home than the other.

The following guidelines summarize these principles:

    1.  Give children their own space in each house. Arrange for their
	own place to sleep, whether it be in their own room or a
	sleeping bag kept rolled in a closet and taken out for use each
	night. In addition, set aside some space to call their own.
	This space can be as large as a separate room or as small a one
	drawer in a parent's dresser, but it should be big enough for
	their own toilet articles, two or three changes of clothes,
	sleepwear, and a few toys or other personal effects.

	Whenever possible, let the children choose which things--
	clothing, toys--they will keep at each house. If they wish to
	carry a favorite toy or article back and forth, let them. Avoid
	having them carry a suitcase as if they were visiting foreign
	territory, but make it easy for them to take along objects they
	are attached to. A backpack may be useful for this.

    2.  Make sure the children feel at home in their neighborhood. If
	your home is new to them, first walk the children around the
	various rooms, then take a walk in the neighborhood. Help them
	become familiar with landmarks, meet neighbors and potential
	playmates, not the busy streets. Establish the boundaries for
	them to roam without an adult.

    3.  Establish household routines. It is easy for routines to fall
	by the wayside during the stress of divorce, and you may want
	to set up new routines for your post-divorce household. As soon
	as possible, establish regular mealtime and bedtimes when you
	children are with you. Bath time and story time can be
	opportunities for sharing with younger children.

    4.  Establish your own parenting style. You may have compromised
	your ideas of parenting while you were married. Having your
	own household gives you an opportunity to try out new house
	rules that reflect your needs as well as those of your
	children. Avoid being too permissive, especially during the
	first year after the divorce. Children tend to see limits as a
	reflection of their parent's stability and caring, and they
	especially need these during this time.

    5.  Give children some responsibilities for chores. Taking
	responsibility for household chores is good preparation for
	adult independence. Because their parents are often under more
	time pressure, children in divorced families have an
	opportunity to become more realistic about what it takes to run
	a household. Participating together in housecleaning, food
	shopping, meal preparation, and other household chores builds
	solidarity between parents and their children. Even when
	children are in one home for periods as brief as every other
	weekend, having some responsibilities helps them feel more like
	residents and less like guests.

    6.  Pay attention to safety rules. Keep a list of emergency num-
	bers--doctor, friends, neighbors, your workplace. Show your
	children escape routes in case of fire, meeting places in case
	of separation. For very young children, help them memorize
	their own last name, your first name, address, and telephone
	number.

    7.  Keep in touch. If you use child care or baby-sitting during
	work hours or at other times, let your children know where you
	are and when you expect to be home. If possible, telephone
	them to check on how they are doing. Call your children at
	convenient times when they are at their other parent's home and
	allow that parent the same courtesy at your home.  Being able
	to talk with the parent of the "other" home reassures
	children of their ongoing connection.

Child care schedules: what works best?

The answer to that question depends on your children's ages and needs
and on your own. Shared parenting can be interpreted as a strict
schedule of equal time at each home or a participation in child-rearing
based on quality rather the quantity of time.

Equal time can be divided in many ways--split weeks, alternating one
or two week periods, alternating months. This type of arrangement works
best when the two homes are close together, children are pre-teens or
older, and parents are careful to maintain regular schedules.

One-third/two-thirds division can work well for school age children.
They might spend an overnight during one week and a long weekend, from
Thursday evening until the beginning of school the following Monday,
the next week. Pickups and drop-offs at school can help reduce the
sense of separation some children feel when left by one parent at the
other's house.

One-quarter/three-quarters is a variation of the previous arrangement
and can be one evening each week plus alternating weekends beginning
Friday evening and ending Sunday evening. This schedule, often used as
"standard visitation" by courts, allows some unbroken time with the
second-home parent but does not have the advantage of the Monday
morning school ritual.

Freedom of movement between two homes, arranged by the children, can
work with teenaged children if parents are willing to make independent
plans. Infants and toddlers of best with more frequent, shorter visits
with the second-home parent.

Source: a publication of Professional Mediation Associates

========================================================================

Assault on the Family

"Family Preservation" groups are now working in 30 states to keep
families together, not by prohibiting divorces, but by battling
destructive forces that often lead to dissolution: poverty, alcoholism
and physical and emotional abuse. Never before, social workers warn,
has the American family been in so much trouble. Signs of the crisis:

      * The number of child abuse reports more than doubled between
	1980 and 1990--from 1.1 million to 2.5 million--and experts say
	it has risen another 5 to 8 percent in the past two years.

[Note:  "reports"  Convictions and substantiations have kept pace with
population increases and that is it.]

      *	Fifteen percent of all new babies have been exposed to illegal 
        drugs in the womb.

      * A report released this week by the Child Welfare League of
	America shows increases in the number of families seeking help
	for alcohol and substance abuse and in the number of preschool
	children who now show behavioral and developmental problems
	after having been exposed to drugs and alcohol before birth.

[Note: Alcohol sales have decreased.  Alcohol related deaths are also
on the wane.  More people seeking help should be looked upon as a
positive development.]

      *	In 1980, child welfare caseloads averaged 12 per worker. 
        Today, a worker often handles 50 to 70 cases.

[Note:  Another purposely misleading fact.  The rate of valid
substantiations of child abuse has decreased.  More caseworkers are
handling more and more bogus cases.  Also, to save money, many agencies
have cut back on workers while increasing the caseloads of those who
are still working.  And who is to say that with 12 cases per worker that
they weren't all sitting around doing nothing all day?]

      * Family preservation caseworkers strive to reach families before
	they fall apart, but the line of families needing help is now
	so long that workers find themselves turning families away, or,
	worse, investigation children's abuse-related deaths when help
	has come too late. Several state have been sued for failing to
	protect kids from troubled homes, but the Supreme Court ruled
	that such cases could not be brought to federal court.

Two bills now pending in Congress would infuse more federal dollars
into family and child welfare agencies. Even if the legislation passes,
family service agencies are bracing for a rocky future, as crack babies
grow up and start school, HIV infections spread and new plagues
threaten the family at every turn.

Source: _US News & World Report_, December, 1992

[Note:  Obviously this was a "Pro" Department of Human Services
propaganda piece--resolving that more money and social workers are
needed to solve these problems.  Yeah, right.] 

========================================================================

Divorce Disrupts More Than Alcohol or Drugs

Divorce and other martial problems-not alcohol or drug abuse-are the
biggest workplace burdens on productivity, according to a survey of
Ohio small businesses conducted by the Ohio Psychological Association
(OPA). Additionally, OPA released recommendations to help businesses
deal with personal or emotional problems in the workplace.

"The survey shows that small businesses in Ohio realize that personal
problems threaten productivity in the workplace," says Dr.  Terry Imar
from Columbus.

The survey of 55 small businesses reported that 22 executives (40%) say
that divorce and other marital problems have a "very negative" impact
on workplace productivity, whereas only 33% report a loss of
productivity because of substance abuse.

OPA made three recommendations for helping small businesses:

    1.	Establish an employee assistance program (EAP). 

    2.	Appoint an in-house "resource person."

    3.  Provide employees with information on where to get assistance
	for personal or emotional problems.

Source: _Behavior Today_, February 19, 1990

========================================================================

So, What's on TV?

It is like so many other over-crowded county health care clinics--you
see the same faces full of anxiety, need and fatigue.

The people who can not pay, who don't have insurance.

What makes Lee County different is the faces you don't see--men and old
people. Pregnant women, mothers and dependent children are seen. All
others are being turned away, unless they were patients here before the
new policy became effective.

Practically speaking, health care rationing is a fact in a lot of
places, but in some Florida counties they made it official--all
patients are not to be considered equal.

Some state officials call it The Titanic Model ... women and children
first.

Source: _CBS News_, January 1, 1993

========================================================================

Many women dismiss female violence in the home either as innocuous and
different in nature from male violence or as self-defense, but Suzanne
Steinmetz, a sociology professor at Indiana University, found that some
men become targets of abuse when they attempt to protect their children
from the mother's violence--the reverse of the stereotype. Other stud-
ies have concluded that women typically are just as assaultive as their
husbands. Although the men characteristically cause more injuries,
wives strike the first blow in 48 percent of the cases, according to
one study.
	-  Lawrence Wright, _Texas Monthly_ magazine, February, 1992

========================================================================

How to Handle Child Abuse Allegations 
By Richard Austin, Ph.D., Houston, Texas

[Note: This article was written for psychologists.]

The increase in child sexual abuse allegations is a major trauma for a
child, whether conclusive or not, and a growing problem for Family
Courts throughout the county.

As a clinical psychologist--often court appointed to assess the parties
involved in a custody dispute--sexual abuse allegations are an all too
frequent issue that I must address. For the purpose of this
presentation, I will use Kempe and Kempe's (1978) sexual abuse
definition: "Sexual abuse is defined as involvement of dependent,
developmentally immature children and adolescents in sexual activities
that they do not fully comprehend, to which they are unable to give
informed consent, or that violate the social taboos of family roles."

Two trends--the increase in reported cases of actual child abuse, and
the increase in false sexual abuse allegations--resulted in a Policy
Statement from the American Academy of Child and Adolescent Psychiatry
(June 10, 1988) to spell out our evaluation standards. The statement
stresses that the evaluation should be thoroughly performed under the
direction of an experienced child psychiatrist or psychologist, who
should be comfortable testifying in court.

Certainly, awareness of sexual abuse has improved in the last ten
years, and children know more about it. The National Committee for
Prevention of Child abuse has published a "Spiderman" and "Power Pack"
comic strip to inform children and adolescents what sexual abuse is,
and how to report it to the authorities.  Although increased protection
for victims has been a result, an increase in "victims" by false
allegations has also taken place.  For example, five-year-old twin
girls were taken out of their home when their preschool teacher
reported that they stated that their father touched them in the "wrong
places." While still out of their home, they admitted to a psychologist
that the story was made up. They apparently were given extra attention
for their "abuse" remarks.

Many parents, camp counselors, and even mental health experts are
becoming defensive about contacts with children as allegations of
sexual abuse increase. In the September, 1991, _Psychotherapy Today_
journal, Albert Kastle, Ph.D., states that allegations, especially
false allegations have increased dramatically. Kastle and Podler,
studying 25 cases, identified several factors that make up a profile
of families that make false allegations.  Some of them are:

    1.  Families have made previous unsubstantiated accusations of
	sexual abuse of their children

    2.  Families where one or both of the parents have been victims of
	child sexual abuse themselves

    3.	Parents with an extensive history of mental illness

    4.	Families in the process of breaking up

    5.	Families involved in the occult

Although most women retain custody of children after a divorce, almost
50% of the men nationwide that attempt custody through the courts win
it. (This information is based on estimates from my clinical
experience, Harris County, Texas and from numerous articles that I have
read). [Just couldn't name them!]  This may help explain the high inci-
dence of false allegations of sexual abuse during court litigation for
custody and/or visitation.  Dr. Arthur Green in an article, "True or
False Allegations of Sexual Abuse in Child Custody Disputes:" (_Journal
American Academy of Child Psychiatry_, 25, 1986), estimated from
studies that 55% of all the allegations are false.  Green's summary,
which I find helpful, lists characteristics of True vs. False abuse.
These include a delayed, reticent, or conflicted disclosure with true
cases, while the child's disclosure is easy and spontaneous with false
cases; like the "rehearsed litany" on Richard Gardner's _Sexual Abuse
Legitimacy Scale_.  A true disclosure by the child is usually painful,
and depressing, while a false disclosure has an absence of negative
emotions. The child uses age appropriate sexual terms with true cases,
while adult language is often used by children in false cases. In true
cases the child is often fearful in the father's presence, while with
false accusations the child will often angrily confront the father in
the mother's presence. Falsely accusing parents (usually the mother)
often have prominent paranoid and hysterical symptoms.

Research by several authors discusses valuable indications in the
assessment of child sexual abuse allegations. However, caution is
recommended here, as many cases include both indications that the abuse
is and is not true. The following is a guideline to be used in the
context of a professional assessment of the accuser, the alleged
perpetrator, and the victim.

Indicators of True Abuse

    1.	The child has trouble talking about the abuse.

    2.	The child changes his (her) story.

    3.	The child is depressed or anxious while disclosing.

    4.	The child has trouble confronting the accuser.

    5.  The child describes the sexual activity in age appropriate
 	ways.

    6.	The child gives specific, appropriate details of the sexual 
	activities.

    7.	The child indicates that the intensity of sexual activity grew 
	over time.

    8.	The accusing parent is ambivalent about the child's involve-
	ment in the proceedings.

    9.	The accusing parent has remorse about not protecting the 
	child.

[Items 1 thru 3 could obviously be indicators of false abuse allegations.
#2 is amazing that it is an indicator of true abuse--any logical person
would think it an indicator of false allegations.   #6 is also indicative
of a coached child.]

Indicators of False Abuse

    1.	The child's disclosure is made easily without emotions.

    2.	The child uses adult sexual language without giving specific 
        details.

    3.	The child easily confronts the accused.

    4.	The child is comfortable with the accused.

    5.	The child appears prompted by the accusing parent.

    6.	The child indicates that intense sexual activity began at once.

    7.  The parents are in a custody dispute, or have severe martial
        discord.

    8.	The accusing parent is eager for the child to testify.

    9.	The accusing parent gives vague answers about the develop-
        ment of abuse suspicions.

   10.	An accusing child who is older appears to be seeking revenge 
	against the accused parent.

Evaluation Steps

The following steps are useful to assess the validity of a sexual abuse
claim.

    1.	A clinical history of the alleged sexual abuse

    2.  A medical examination by a specialist experienced with sexual
        abuse issues

    3.  A clinical assessment of the complaining parent and the accused
	parent, to include interviews, observations, personality
	test, and a family history which includes a relationship and
	sexual history

    4.  An examination of the child, which includes observations,
	interviews, projective tests or stories, drawings, and some-
	times, the use of dolls, both with and without anatomical sex-
	ual features

    5.  The use of relevant collateral information; such as house-
	keepers, other relatives, or even siblings that know the
	alleged victim. Of course, the age of the child is important. A
	very young child has limited ability to verbalize sexual abuse,
	while with older children, the verbalization of their feelings
	about any abuse actions is an important indicator.

    6.  _The Sexual Abuse Legitimacy Scale_ (SAL) by Richard A.
	Gardner, M.D., is used as another tool to tell the differences
	between bonafide and fabricated sexual abuse. Based on five
	years of research, the scale has a significant empirical base
	to weigh each criteria to arrive at a score for the child, the
	accuser, and the accused that is either more likely to be
	bonafide sexual abuse, or more likely to be inconclusive.

I have personally found the scale to be very helpful, and an excellent
way to check out the sources of assessment. Of particular interest is
the accusing parent's attitude to get revenge, or any evidence of
persuasion to have the child "keep the secret," is valuable as an
indicator of real abuse. However, many symptoms of sexual abuse by the
child, such as episodes of frequent sexual excitation, can be
misinterpreted by those unfamiliar with the developmental stages in
child development.

The times are difficult for children, for their families, and also for
the courts and society. As mental health experts work together with
attorneys and the Family Courts, which they must do in sexual abuse
allegations, the teamwork created by this cooperation with such a
serious issue can work together for the good of the children in other
areas.

========================================================================

False Allegations of Abuse: Why, Why Not, And What?
By Anne P. Mitchell, J.D.

"John, don't go crazy and don't say anything to Jennifer, but last week
I took Jennifer to Child Protective Services and they called the
police. The officer wants to see you. Here's his card." Thus one victim
of a false allegation of abuse was made aware of the charges against
him.

False allegations of abuse of a child, very often of sexual abuse, by
one parent against the other, are an increasingly common weapon in the
divorce and custody arsenal. A false allegation is the perfect weapon.
It is simple, fast, and guaranteed to achieve the desired result: the
complete removal of the targeted parent from the child's and the
accusing parent's life, along with a moral vindication or victory for
the accusing parent.

Many experts and family law practitioners believe that the increase in
false allegations of abuse in the divorce and custody context are a
direct result of the move to "no-fault" divorce.

Years ago one had to prove `fault' in order to get a divorce. In other
words, one spouse had to prove that the other had either cheated on
them, abandoned them, or was in some other way at fault for the
breakdown of the marriage. This led to some rather contrived
situations, with one spouse arranging for the other spouse to "find"
them in a compromising situation, so that proof of "fault" could then
be offered to the court.

Several states, including California, have done away with this
fault-based concept of divorce. Many believed this to be an advance,
that this would lead to a kinder, gentler system of divorce.
Unfortunately, the advocates of no-fault divorce forgot to take one
thing into account: human nature. For the most part, people need to be
able to point the finger of blame. The fault-based system of divorce
allowed the divorce-seeker their proverbial day in court, and an
opportunity to prove to the world what a no good so-and-so their spouse
was. It gave them a sense of vindication.

By contrast, the no-fault type systems of divorce have no such element
of good guy versus bad. In California one can get a divorce based on
"irreconcilable differences." Other states have other, similarly
innocuous grounds. There is no longer an opportunity for finger
pointing and blame laying. No longer a path to vindication.

Enter the false allegation of abuse. In one fell swoop the accusing
spouse can go back to a fault-based system of divorce and achieve utter
vindication. In one fell swoop they can get the targeted spouse
completely out of their and the children's lives, and can ensure
themselves complete custodial control. And in one fell swoop they will
completely destroy the other spouse's life, and any semblance of a
normal relationship between the other spouse and their children.

As one victim of a false allegation of abuse explains: "It changed
everything. My marriage was destroyed. I couldn't see my kids for three
months until a psychological evaluation was done. Even after that I
could see my kids for only one hour per week up at the court house
while a probation officer remained nearby. It was totally devastating.
An incredible experience."

The relationship between accused parent and child is often not the only
relationship which will suffer. One falsely accused father found that
the false allegation occurred, not coincidentally, after he had entered
into a new relationship. "It made me realize that my ex-to-be has a
powerful weapon to control my future relationships. She had been very
jealous of this woman because my children seemed to like her better
than her own choice of partner." Not surprisingly, his new
relationship fell victim to the fallout from the false allegation.

Other consequences of the false allegation may, and often do, include
loss of reputation, loss of one's job, and of course, financial
hemorrhage. The cost to defend a false allegation of abuse may run to
the tens of thousands of dollars, particularly if there is a criminal
charge involved. Even for those who can financially afford to deal with
a false allegation, the damage to one's reputation, both
professionally and personally, can be immeasurable.  How many of us
will ever forget the accusations which Mia Farrow has leveled against
Woody Allen? Even if he is adjudged innocent, how many of us will
always wonder? And how many of us, despite all of his fame and fortune,
would trade places with Mr. Allen right now?

And there will be emotional scars, and psychic trauma, which may never
heal. Jennifer's father, John, found the whole ordeal to be
devastating. "Beyond anything else I've known or expect to know again.
For three years it's been my number one thought. I lost my job, lost
all interest in life ... but somehow hung on, in large part for
Jennifer. I'm much better now, but the pain will follow me to death."

Yes, the parent targeted with a false allegation is truly a victim in
every sense of the word. But the accused parent is not the only victim
of the false allegation. For all the pain and devastation which is
visited upon the accused parent, there is an equal amount of pain and
devastation visited upon the children involved. These children will
find themselves suddenly ripped from their relationship with the
accused parent as surely as if the parent had died. Only it's worse
than if the parent had died. Not only are these children left with only
a memory of their pre-accusation relationship with that parent, but
it's a memory which everybody is bound and determined to sully. Worse
yet, if the parent had died, at least the child could expect comfort
and support from their remaining parent. The child whose relationship
with the targeted parent is destroyed by a false accusation usually
finds that the remaining parent is most unsympathetic to the child's
loss. After all, it is a loss which the remaining parent themselves
orchestrated.

More insidious yet, the child who lives with a falsely accusing parent
is often put in the position of having to pledge allegiance to the
accusing parent, usually by denouncing, or even implicating, the
accused parent. Some children will do this knowingly, but many are too
young to even understand this game. Being trusting and malleable, as
young children are, they will come to adopt the accusing parent's
version of what allegedly occurred.  In the child's mind, the falsely
accused parent becomes as guilty as if the abuse had actually happened.
Thus, not only has the false accusation created a victim of the
targeted parent, but the false accusation can actually victimize the
child as surely as if the alleged abuse had actually occurred. And the
victimization doesn't stop there, as the child will be subjected to a
barrage of interrogations, and to all manner of humiliating
examinations.

Paul, whose ex-wife leveled her allegation the day before Christmas
Eve, describes how the false allegation affected his five-year-old
daughter. "First of all, my daughter was put through hell, between
doctors' evaluations, poking, prodding, psychologists' evaluations,
etc.... Not to mention the conflicting emotions of trying to be loyal
to her mother and yet still understand why her mother was saying such
bad things about her father. To this day [approximately five years
later], she cannot understand why her mother would think that I would
hurt her."

Another victim of false allegations explained: "My children are lacking
the relationship they should have with their father. Even though no
rape ever happened (as alleged), my children still exhibit the signs of
sexually abused children. They are not let out of the house, no
friends... Much stress is on the children, they are truly the ones in
the middle."

The parent victims interviewed for this article were asked what, if
any, advice they would give to a parent who is contemplating bringing a
false accusation. It is telling that all of them, without exception,
and despite their own devastating ordeals, echoed the sentiments of one
parent victim, who summed it up in five words:  "Think of the
children!!! Please!"

Given the magnitude of devastation which can occur, both for the
accused parent and the children, in a false allegation scenario, why
has nothing been done about it? Why is it still so easy for countless
numbers of parents to haul out this weapon of mass destruction? And
what, if anything, can be done about it?

In the State of California it is a punishable offense to knowingly
bring a false allegation of abuse. But this law seems to be rarely, if
ever, invoked. Why? Because it is hard enough to prove that an
allegation is false--it is impossible to prove that the accuser knew
that the allegation was false. Almost anything can be twisted to appear
to be a credible basis for an accusation. One team of researchers at
the University of Michigan gave a synopsis of an actual case, in
which they knew the allegation to have been false, to a panel of
experts. The vast majority of the experts concluded that abuse had
occurred! The "evidence" upon which the mother in the case had hung the
accusation? A single pubic hair allegedly found in her daughter's
diaper. In a case here in California, a father, Larry, was accused and
convicted of sexual abuse of his own son for the simple act of pushing
his son's hand away when he caught his young son fondling himself. On
this evidence alone, Larry was not only convicted of abusing his son,
but he lost all contact with his other children as well.

In addition to it being nearly impossible to prove that an allegation
was false, let alone that the accuser knew it was false, there is a
very real and understandable fear that if the allegation is true, and
not acted upon, the child will be further abused. Unfortunately, it
doesn't appear to be as much of a concern that the children who are
the subjects of false allegations are no less victimized than those who
may have been abused.

If the legal system is not going to offer any relief, what can be done
about the recent rash of false allegations? As is so often the case, an
ounce of prevention is worth a pound of cure.

If you are separated, or divorced, and particularly if you are a father
(the vast majority of all false allegation cases which I have come into
contact with involve allegations made against fathers), take the
following precautions:

      *	Never allow your child to sleep with you.

      *	Never shower with your child.

      * Avoid being naked around your child, and their being naked
	around you.

      * Arrange your visitation such that you are never alone with your
	child, particularly if you are in or anticipate a custody
	dispute. In other words, always have a witness around.

      * If your child is of the opposite sex, and is of an age where
	they need assistance with going to the bathroom or bathing,
	whenever possible have a friend who is the same sex as your
	child assist them.

The above precautions may seem extraordinarily restrictive.  They are.
Unfortunately, in the current climate, where false allegations
abound, they are also extremely necessary.

Finally, for those who, despite all precautions, find themselves facing
a false allegation of abuse, Patrick, who was threatened with
allegations if he didn't agree to his ex's demands, offers the
following advice: "Fight early and hard. Don't give in to threats.  Use
every opportunity you get, in mediation and in the courtroom, and in
depositions or declarations, to point out that the allegations are
false, have not been substantiated, and cannot be substantiated since
they are false. Avoid at nearly any costs the temptation tell the judge
or mediator how crazy the other person must be to make these
allegations. Avoid at nearly all costs ever saying anything that is not
true. If you lose, and you probably will, you will at least be able to
hold your head high and know that you did not become the thing that
hurt you. That is an important battle and the one you will fight the
most in the dark hours before dawn."

[Ms. Mitchell, a graduate of Stanford Law School and the director of
a national fathers' rights organization, has been in the fathers'
rights advocacy field for seven years. She is currently with the law
firm of Knapp & Viola, in San Mateo, CA.]

Source: _Single Again_ magazine, January, 1993

========================================================================

How to Deal with False Child Molestation Charges
by Bruce G. Gould

[The following are excerpts from an article titled originally "Sug-
gestions When Falsely Accused" which appeared in _Issues in Child Abuse
Accusations_. Use here is courtesy of the publishers.  The author is a
non-practicing lawyer who himself went through a bitter custody battle
and successfully fought off child molestation charges. He is owner of
Bruce Gould Publications, P.O. Box 1070, Okanogan, WA 98840.]

My thoughts here deal with how to handle false sexual abuse allegations
raised in the midst of a bitter divorce by a spouse who wants full
custody and sees this tactic as the best means for reaching that
goal. It is inconceivable to me that matrimonial lawyers and the family
court system have allowed this issue of sexual abuse to advance so far
that an accusation alone, often with no evidentiary hearing of any
sort, immediately produces court-ordered denial of visitation of
access to the parent accused.

Why are there so many false allegations? The answer is quite simple.
Since most falsely accused persons cannot fight the accusation, all
the reinforcements are delivered as soon as accusations are made. The
hated spouse is severely punished. Possession of children is secured.
There is free legal advice, welfare assistance and emotional support
from affirming professionals, friends, and family.

This is an empire building opportunity for many people in the system
who have about as much incentive for finding non-abuse as a dentist has
for finding no cavities. If child abuse occurs, it should be stopped.
But sentencing a person to a longer term in prison for "touching" a
child than that person would get for murder is ridiculous. The result
is that innocent people are being forced into plea bargaining for
non-existent crimes for fear of getting 150 years in prison if they do
not plea bargain.

My first surprise was how easily therapists can label someone a child
abuser. All that it takes is for a woman to tell a therapist that her
husband has molested small children. Without interviewing the father or
anyone who has seen him with the children, the therapist writes a
report for the court stating almost verbatim what the mother has said.
Naming the father as a child abuser, the therapist now recommends
that he not receive custody. It may be recommended, further, that
either there be no visitation or supervised visitation.

The notes of the therapist are absolutely essential for an accused
parent wanting to mount an effective defense. We obtained the notes of
both therapists and the social workers. At the trial, it was these
notes and our pretrial deposition which exposed the farce.  My advice
to anyone falsely accused of child abuse is:

    1.	You will probably never convince your accusers that you are 
	innocent. Do not waste efforts trying to persuade them.

    2.  Don't overestimate their intelligence. Rather, look for their
	mistakes. Check all applicable procedural rules and regula-
	tions governing the various investigators and investigation
	processes. Check all applicable standards of care. Check the
	educational backgrounds, and ascertain the status of institu-
	tions that granted them professional degrees.

    3.  Take depositions of your accusers. You may turn up suspicious
	financial ties or perhaps abuse in their backgrounds.

    4.  Get their financial records. Run credit checks. What you are
	looking for are blemishes which may raise questions of veracity
	and character. Check for double-dipping on medical claims. Get
	copies of insurance forms, and check the diagnosis that was
	made in order to collect a claim. If lucky, you may find a
	different diagnosis from that in the report to the court.

    5.  Read publications authored by your accusers. Look for newspaper
	accounts of their speeches. Such information may help you
	establish that they are biased or have preconceived notions
	about guilt or the abilities of children.

    6.  Challenge any claim that "children never lie about sexual
	abuse." If a false accusation is the result of a deliberate
	fabrication, it is not the young child who is lying, but an
	adult.  If the therapist distorts what a reluctant child has
	said because he or she is convinced that abuse really did take
	place, it is the therapist who is lying. Be very suspicious of
	a therapist who resists taping therapy sessions.

    7.  Don't wait for your lawyer to do all the work. Draw a chro-
	nology of all events leading up to and following the accusa-
	tion. Make a file on all persons involved in the situation and
	get all the information on everybody. Keep everything orga-
	nized, tabulated, cross-indexed, and readily available.

    8.  Immediately file a malpractice suit against an accusing ther-
	apist who has performed unprofessionally.

    9.  Don't trust guardians ad litem. Accept any persons recom-
	mended by the guardians to serve as therapists only after
	independent confirmation of their credentials.

   10.  Keep in mind that you are up against an industry-the child
	abuse industry. It is possible for your children to be taken to
	therapists A, B, C, and D, all of whom have professional,
	social and economic ties with each other. Work up a poster
	board connecting the therapists with each other in terms of
	their ties. Think of the film "Rosemary's Baby" in which Miss
	Farrow as the mother turned for help to husband and many
	friends, unaware they were all part of the same witches coven!

   11.  Prepare some material on false allegations to show to the court
	or jury. Stack up books and articles on false allegations in
	front of each accusing therapist and ask how much of this
	literature he or she has read. Most therapists read only pro-
	mother and pro-conviction literature.

   12.  Courts will trust persons with medical degrees or advanced
	graduate degrees over therapists or social workers having only
	BAs. State social workers are considered even less credible.
	In my case, the trial judge gave virtually no weight to the
	opinions of the attacking therapists and social workers because
	of their unconvincing testimony, operating methods, and
	diagnoses. The conclusions of medically educated persons
	which included two psychiatrists were carefully considered.
	If you do bring in therapists, be sure that they are without
	historical bias favoring mother or father. Be sure that they
	videotape their sessions with your children.

   13.  Hire a good attorney and be truthful with him from start to
	finish. Find him or her by asking around. In my case, my
	attorney was all that a client could hope for.

Source: _Father's Rights Newsline_, January, 1993, published by Don
Middleman in Philadelphia, PA.

========================================================================

Is It Time for the Pendulum to Fall?
By Edward Burns

In recent years, older Americans have become more outspoken in
expressing their concerns. Approximately 75 percent of all older
Americans are grandparents. An estimated one million of their
grandchildren each year experience the divorce of their parents.

Following the dissolution of a family, grandparents in many instances
have found it difficult or impossible to visit their grandchildren.
Concern regarding the issue of grandparent visitation rights by 1983,
had lead to the formation of four national grandparents' rights
organizations. These united grandparents have besieged their
legislators with requests to pass laws giving them the right to visit
with their grandchildren. The state and federal governments have
complied with the requests of these grandparents, but the response
has not been uniform. Therefore, there remains a need for defining the
legitimate rights of grandparents and providing a means for enforcing
those rights through appropriate legislation. Each of the fifty
states have passed a statute granting grandparents visitation with
their grandchildren over the objection of a parent in at least some
circumstances. The trend among the various state legislatures has been
to expand grandparents' visitation rights. A good example of this
expansion movement is provided by the Illinois legislature. The first
Illinois grandparent visitation statute simply provided a procedure
where by grandparents could petition for visitation with a grandchild
following the divorce or separation of the grandchild's parents.

Since it's passage in 1982, the circumstances pursuant to which a
grandparent may petition for visitation have been expanded to include
the death of a parent, the adoption of a child by a stepparent and,
finally, the child's parents remaining married and living together with
the child in their home.

Less than one year after Illinois extended the right of grandparents
to petition for visitation to those instances when the parents remained
alive, married, and living together with the child, however, the
legislature passed a bill rescinding this right. No other state statute
has given grandparents the explicit right to petition for visitation
when the child remained living in an intact family, and only New York
courts have permitted grandparents to file visitation petitions under
such circumstances. The purpose of this article is to generally review
the past and present state of the law regarding grandparent visitation
rights and to explore the constitutional limits of those rights,
especially in regard to visitation with a grandchild in an intact
family.

[Edward Burns is a partner in Gitlin & Burns Lawyers, practice
concentrated in family law in Woodstock, IL.]

========================================================================

Ohio's Domestic Relations Law

[Note: Over the past few issues we have been and over the next few
issues we will continue reviewing parts of the new law, Senate Bill 3.
The excerpts and comments are reprinted from the Ohio Lawyer with
comments by William K. Weisenberg. Mr. Weisenberg is Director of
Government Affairs and Bar Relations for the Ohio State Bar
Association.]

Access to Records

Section 3109.051(H) states that: "A parent of a child who is not the
residential parent of the child is entitled to access, under the same
terms and conditions under which access is provided to the residential
parent, to any record that is related to the child and to which the
residential parent of the child legally is provided access, unless the
court determines that it would not be in the best interest of the child
for the parent to have access to the records under those same terms and
conditions"

[Comment: The Act further provides that a non-residential parent would
be entitled to the same rights of access to the student activities of
his or her children as the child's residential parent, unless the court
issues an order limiting those rights of access. Procedures for
limiting the rights of access and enforcing them are set forth in
detail in this section of the Act.]

Mediation

Sections 3109.052 permits the court to order the parents to mediate
their differences on matters pertaining to the allocation of parental
rights and responsibilities for the care of their children or where
they cannot agree upon a specific schedule of visitation.  The court is
authorized to adopt mediation procedures by local court rule.

The court is required to determine if either parent has been con-
victed of domestic violence and follows the same procedures as set
forth with regard to shared parenting and visitation in determining
whether to order mediation in such a situation.

For further information on the subject of mediation as it applies to
domestic relations proceedings, it is suggested that you contact the
Ohio Supreme Court Committee on Dispute Resolution.

Visitation

Section 3109.051(A) requires that the final decree in a divorce,
dissolution of marriage, or legal separation action include a spe-
cific schedule of visitation. This section also provides that "whenever
possible, the order or decree permitting the visitation shall ensure
the opportunity for both parents to have frequent and continuing
contact with the child, unless frequent and continuing contact by
either parent would not be in the best interest of the child.

[Comment: Section 3109.051(D)(12)(13) and (14) requires the court, in
determining the best interest of a child for the purposes of
determining whether to grant visitation rights and establishing a
visitation schedule, to consider whether either parent has been
convicted of domestic violence involving a victim who is a member of
the family that is the subject of the pending proceeding; whether the
residential parent or one of the parents subject to a shared parenting
order has continuously and willfully denied the other parent his or her
right to visitation; and whether either parent has established a
residence, or is planning to establish a residence, outside of Ohio.

Pursuant to Section 3109.051(F)(2), each court of common pleas, on or
before July 1, 1991, would have to adopt standard visitation
guidelines. A court would be permitted to deviate from its standard
visitation guidelines based on the factors set forth in Section
3109.051(D) for determining whether to grant companionship or
visitation to a parent, grandparent, or relative.]

========================================================================

Child Support Modifications

[This article was a handout obtained at a seminar sponsored by 
the Franklin County Child Support Agency in Columbus, Ohio. 
The topic was Modification Hearings.]

Administrative Modification Hearing

      * One or both parties must submit a request for an administration
	modification hearing (within 33 days of the mailing of the
	Investigator's Recommendation).

      * The hearing is scheduled within 15 days of the Agency's receipt
	of the request.

      *	Notice of date and time are sent to both parties.

      *	The hearing is conducted by a licensed attorney.

      * The hearing officer is neutral--does not represent either
        party.

      * The hearing only addresses whether or not the child support is
	calculated correctly.

      * Each party has the opportunity to present relevant evidence and
	testimony to support their contention that the Agency did not
	calculate the child support correctly.

      *	Each party may bring a representative to the hearing.

      * The Administrative Hearing Officer issues a decision within 10
	days of the hearing.

      *	The parties have 15 days to submit a written request for a 
	Court Hearing.

Request for a Court Hearing

      * If the agency receives a request for a Court Hearing, it
	immediately forwards the request to the Court.

      * The parties are notified of the Court Hearing date directly by
	the Court.

      * The Child Support Enforcement Agency staff do not appear at the
	court hearing.

      *	Parties may represent themselves or bring an attorney.

      * The parties will need to provide the Court with all the
	documentation requested in the Court Hearing notice.

========================================================================

Good Reason Needed to Deviate on Support, Court Says
By James Bradshaw

Courts may not stray from child support guidelines in state law without
proper documentation and good cause, the Ohio Supreme Court said in a
unanimous decision.

The court ruled on an appeal from a Jefferson County case in which an
unemployed father's payments for support of his son were doubled based
on his potential income.

David E. Grimm and Teresa A. Marker were married in 1977 and had a son,
Zachary. Their marriage was dissolved in 1983.  Grimm agreed to pay
Marker, who took back her maiden name, $150 a month to support
Zachary.

In July 1990, she asked the Jefferson County Common Pleas Court for an
increase in the payments.

The hearing on her request showed Grimm was a full-time student
during the marriage and received an undergraduate degree in psychology
and continued his education after the separation, receiving a master's
degree but remaining unemployed or under-employed the whole time.

He was seeking a $5,200-a-year university research position at the time
of the hearing but conceded he could earn about $30,000 a year if fully
employed.

The trial court ordered Grimm to seek employment commensurate with
his qualifications and increased the payment rate to $300 a month. The
court noted this was a special consideration, as the rate in the state
guidelines at a $30,000 income level would be $380.

Grimm appealed to the Jefferson County Court of Appeals, which upheld
the lower court's order. The Supreme overruled both courts in an
opinion written by Justice Andrew Douglas.

Douglas said the trial court has a required worksheet prepared to
determine the level of payment for Grimm's income and did not justify
its deviation from state guidelines.

The law permits taking potential income into account if a person is
found to be voluntarily unemployed or underemployed, but it is specific
on payment rates, Douglas said.

"The terms (of state law) are mandatory in nature and must be followed
literally and technically in all material respects," he wrote.

Source: _Columbus Dispatch_, December, 1992

========================================================================

Court Reverses Order to Wear `Need Job' Sign

A judge was wrong to make a man carry a sign stating, "Need job to
support children," an appeals court ruled, calling the punishment "a
throwback to the days of stockades."

The three-member Indiana Court of Appeals panel said the ruling was
inappropriate and excessive and held up Clarence William Epley III to
public ridicule.

"It is a throwback to the days of stockades and conjures up images of
Puritans who fell from grace and were forced to wear scarlet letters on
their chests," Judge William I. Garrard wrote for the appellate panel.

Superior Court Judge Eugene N. Chipman, Sr. forced Epley, who had
fallen behind in child support payments, to walk around the court house
in Plymouth wearing the sign in September 1991.

Epley, 45, did so for a few days before finding a job on a street
department crew.

"The evidence was he just was not making an effort to get out and get a
job," said Chipman, a former appellate court judge. "He was playing
golf and really living the life of Riley."

The judge said he issued a similar order to another man who also found
a job.

Chipman handed down the order after finding Epley had fallen $1475
behind in payments for his three children. Epley, who lives in Culver,
came up with $1,000 after spending one week in jail for contempt of
court but was still ordered to carry the sign.

"I didn't think it was right," Epley said.

Source: _Columbus Dispatch_, November 13, 1992

========================================================================

The Children's Rights Council's 7th National

Conference takes place April 28 through May 2, 1993, at the Holiday
Inn, in Bethesda, Maryland.

Some of the following will be presenters or speakers: David Brenner,
Dr. Nancy Theonnes of the Center for Policy Research, Nicolas Zill
(discussing US Census data), authors Dr. Geoffrey Grief and Claire
Berman, Richard Warshak, author of _The Custody Revolution_, Dr. Robert
Williams of Policy Studies, Inc., Dr.  Richard Gardner and Hugh
McIsaac. There will be a variety of workshops and symposiums on
everything from false allegations to child support and visitation.
Before March 15th, the cost for registration is $150.

Further information on the conference is available from:

Heather Campbell
Conference Coordinator 
220 I Street, NE, Ste 230 
Washington, DC 20002-4362
(202) 547-6227

========================================================================

More Elderly Divorcing, Lawyers Say

Divorce among the elderly appears to be increasing, and the problems
confronting the elderly in divorce are different from those faced by
younger couples, says a survey of the country's leading matrimonial
lawyers.

More than 65 percent of the lawyers responding to the survey also said
they believe the emotional impact of divorce is greater for older
couples.

Couples are living longer, spending more time with each other after
retirement and then deciding they don't like each other, said Marsha B.
Elser, a Miami lawyer and president of the 1,250-member American
Academy of Matrimonial Lawyers, based in Chicago. The survey was
released at the group's annual meeting.

"Divorce among the elderly can be a much more traumatic experience
than in younger families," Elser said.

"Not only are you frequently dealing with longer-term relationships
and companionship, but there is also the issue of trying to equitably
divide assets that give fixed incomes and maintain health benefits for
both parties."

And, although bitter child custody battles are unlikely, children
remain a factor when an elderly couple divorces, Elser said. "One of
the issues is who is going to get what assets to leave to whom--and
that's when the kids get involved," she said.

The reasons for the increase, according to the lawyers surveyed,
included the greater acceptability of divorce, the aging of the
population and differences in sexual interests among elderly cou-
ples.

Elser said she encouraged the academy to set up a special committee
on elderly and divorce when she realized that she was seeing an
increase in such divorces in her practice in south Florida and that no
one had looked at the unique problems.

Source: _Chicago Tribune_, December, 1992

========================================================================

This month's guest speaker is the Honorable Referee Jay Sanford.
Referee Sanford has been a Franklin County Domestic Relations Court
referee for four years. Before that, he worked in private domestic
practice for 17 years. He has lived in Columbus for his entire life. He
is married and has a 14-year-old child.

------------------------------------------------------------------------

DISCLAIMER

First, the advice given during meetings, by members directly and in
telephone conversations, should not be taken as legal advice.  It is
the opinion of the person answering the questions at the time, and the
answers are based upon legal advice that attorneys on our board have
given in similar situations. Consult your attorney or one of our
recommended attorneys before taking any action in your case.

Second, the articles in the Newsletter are culled from a variety of
sources, cover many topics and reflect differing opinions.  Every
article is the expressed opinion of only the author of that article.
These articles do not necessarily represent the collective opinion of
FACE nor of the FACE directors. Even articles written as editorials by
members of this group are not the opinion of the group itself or of
leadership. The Newsletter attempts to present both sides on issues, so
that readers can form their own opinions and make informed decisions.
This group is for equality in the justice system. We are NOT against
women. Women who become non-custodial parents face the same kinds of
problems non-custodial fathers face. We don't think that child support
guidelines are fair. But we do advocate that parents pay their child
support. We are NOT advocates of child abuse. However, we want the
courts and social systems to recognize that many contentious ex-spouses
make bogus allegations of abuse during custody battles. We are not in
favor of the exclusive use of the adversarial court system for
resolving custody disputes. We think that mediation of these disputes
is a more effective and less expensive solution and wish the courts
would utilize this resource more often. We are not advocates for
fathers in spite of mothers. We are advocates for fathers and children,
because fathers are disproportionately torn away from their children in
divorces. We don't think that is right or fair. We believe that many
fathers, when given the opportunity to be good parents, can do the job
quite effectively and that both parents and the children benefit. We
believe in equal legal rights and equal physical access to children of
divorce for both parents. Hence the name--Fathers And Children for
Equality.

------------------------------------------------------------------------

ATTORNEY REFERRAL LIST

We axed two from our list of six.  One had not done anything for the
group for over a year.  The other said that she had not received a
client from us for months and wished to be taken off the list.  There
are several lawyers about town that I would recommend that do NOT want
to be on our list because they really don't want to practice domestic
relations law, even if it does pay the bills.  Among these are Carol
Wright, Bernard Yavitch, Doug Daugherty and Steve Daulton.

(listed alphabetically)

Andrew Fishman				Patricia Grimm
765 South Front Street 			4937 West Broad Street
Columbus, Ohio 43206			Columbus, Ohio 43228
(614) 444-3606				(614) 878-1092

Bradley Frick				Ralph A. Kerns
50 West Broad Street, Suite 3300	743 South Front Street
Columbus, Ohio 43215			Columbus, Ohio 43206
(614) 228-0505				(614) 444-1100

------------------------------------------------------------------------

The FACE Newsletter Staff

Jack Quinn              Research, Contributing Editor
Aaron Hoffmeyer 	Research, Typesetting, Contributing Editor
Paul Bokros 		Research, Contributing Editor, Mailing List

The FACE Officers

Mike Driscoll 		President
Tom Tavener 		Vice-President
John McKinley 		Treasurer
Bob Fowler 		Secretary

{elections this month}

The Fathers and Children for Equality Foundation is supported by the
Ohio United Way.

(c) 1992. All copyrights are implied and applicable.

F.A.C.E.
P.O. Box 18022
Columbus, Ohio 43218
(614) 275-6767

Aaron L. Hoffmeyer
[email-masked] 

P.S.   Got Postscript if you want it.  With Bob Kirkpatrick's help, we
hope to have an ftp site for archiving these newsletters in both ASCII
and Postscript format.

"_The Precepts of Ptahhotep_, preserved on papyrus roll of circa 2500
B.C.  Ptahhotep is said to have flourished around 2650 B.C., but the
_Precepts_ are reputed to be of a far earlier date, perhaps as early as
3800 B.C.  Called the "World's oldest book," _The Precepts_ is a
collection of shrewd and homely reflections on life, its conduct, and
its meaning:  it treats such problems as divorce and labor relations.
Its style and tone are dignified and indicate a cultivated class of
readers."
	- from _World Literature_, by Buckner B. Trawick