The Family Court Crisis
The Facts
Mothers accused of alienation have twice the odds of losing custody compared to fathers accused of alienation
73%
Of mothers lose custody when the courts believe the mother is an alienator —sometimes even when courts acknowledge the father has abused the mother or children
25%-50%
In simple abuse cases, 25% of mothers who allege fathers’ abuse lose custody — when fathers cross-claim alienation this increases to close to 50%
When fathers cross-claim alienation, courts are four-times more likely to disbelieve mothers’ allegations of child abuse
A Call to Action
The current Family Court system is routinely failing children and Protective Moms by regularly awarding unsupervised parenting time and custody to abusive parents, even in cases where abuse has been substantiated. Even more damaging, Family Court often acts punitively, stripping Protective Moms of their custody rights and placing children in unsafe situations with an abusive parent. Studies have concluded that Courts only believe Protective Mothers 39% of the time when abuse allegations are raised. Additionally, Protective Moms are routinely prohibited from speaking out about their experiences by abusive gag orders and denied access to their children for extremely long periods of time as punishment for raising safety concerns. It is estimated that over 58,000 children per year are placed at the risk of being harmed by an abusive parent as a result of dangerous Court orders.
The measurable problems in Family Court has given abusers the ability to successfully weaponizing the system at the detriment of Protective Moms and their children. The financial and emotional damage inflicted upon Protective Moms can be devastating. Although the Court has the statutory power to curb this abusive conduct, it rarely does so. The Court’s inaction has the unintended effect of condoning and inadvertently encouraging this injurious behavior. The repercussions of the misuse of the Family Court system without consequence are severe and far-reaching to children, families, and the entire New Jersey Family Law system.
The systemic disregard of the complex intersection between domestic abuse and child abuse has created an environment where abuse escalates and proliferates in Family Court. Current research shows that Protective Moms face systemic bias and women face discrimination at a disproportionate rate in Family Court, particularly when they raise concerns pertaining to physical, sexual, or emotional abuse. The tendency of Family Court judges to discredit these concerns, particularly when the counterclaim of parental alienation is used, is incredibly damaging and re-traumatizing to victims of domestic abuse. Tragically, hundreds of innocent children have been murdered by their abusive parent during custody disputes and countless others have been victimized.
Until every professional within the Family Court system is properly trained on the nuances of domestic abuse, the insidious nature of coercive control and the impact of these demonstrative behaviors on children, Family Court will continue to fail those it was built to protect.
Please join us in our efforts to help reform New Jersey's Family Court system. Together, we can make a difference!