Disputes or High Crimes and Misdemeanors?

godstory

When parents enter the Family Court System it is very confusing.  First, they want you to part ways, but at the same time keep forcing you together to “co-parent”.  They use confusing lingo and it seems like the parents do all the work, while the professionals take a lot of money for putting the hard work on you.  It is true.  They do.  A common quote from my coaching clients is, ” I had to do all the work for my lawyer.”  Well, there is a reason for that.  The professionals do not know your children, your schedules, what matters most to you and what doesn’t,  and in particular, once you have entered post decree land, there isn’t a whole lotta law that goes on.  The law becomes the law you (or the courts if you weren’t able to agree) created for your family.  There is no law that dictates what your parenting time schedule has to be.  There really isn’t.  The time can be distributed evenly between parents or it may not be distributed evenly for any number of reasons.  Some states do a default parenting time schedule when parents cannot create one on their own, but it is all very complicated.  Parents can choose to deviate from a schedule if they want and they are encouraged to be flexible as life evolves. Why be flexible?  Because life can change quite a bit over the span of a childhood, but even when you have deviated from the schedule, if you return to court later, the court will enforce the schedule that is in an order because that is what they signed off on.

Sometimes, this confusion and lack of structure creates fear and anxiety for parents.  Some parents do not understand that the law has pretty much completed their case and they keep waiting for “it to be done”.  In other words, a parent may want this person who hurt them so terribly to go away and never bother them again.  Unfortunately, though, that is not the way it works when you have children together.  Like it or not, you do have to talk to each other and coordinate schedules, school or medical needs, etc.  The way most parents learn to do this is to work on emotionally processing the divorce and hurt feelings they were left with from the relationship through therapy, coaching, education or self help,  so they can move into a new type of relationship, without having all of the bad feelings get in the way.  Unfortunately, some people are unable to do this or don’t see the value in doing the hard work of self reflection.  They don’t like what has happened.  They don’t like the arrangement.  They don’t like that they have a co-parent because life would certainly be easier if they didn’t, and they don’t like that their ex never got punished for the hurtful things they said or did throughout the marriage and/or divorce process.  Is that what Family Court is there for?  Are they there to punish?

Many people who continue to push for some kind of “conviction” of their co-parent do not seem to understand that Family Court is not criminal court.  It is not a crime to get a divorce.  It can be very hurtful, but it is not a crime.  It is not a crime to want some of the stuff that was accumulated during the marriage or to want to continue to be a parent to your child after the divorce.  The fact that someone seeks a divorce, even though one parent does not think that will be good for the child, doesn’t make it a crime.  These things are the nature of relationship breakdowns and unavoidable in some marriages.  If the marriage is going to end, it is going to be end and hopefully, each spouse will learn to come to terms with that and move on to create the life they dream about, either on their own or with someone new.  On top of that, when you share a child, you have to process these separate lives, while still coming in contact with the other person.  That makes it much harder to go through all of the emotions and accept the loss.  That is why your success in court depends greatly on you more than professionals.  It depends on how resilient you are.  Professionals don’t know what you need to get to the point of acceptance.  Some professionals believe that you need time, but courts have deadlines.  They cannot just sit and wait for everyone to process their loss.  If they did, many people would continue to not process the loss and hope that their spouse will change their mind by forcing the marriage to continue forever, but there are two people in this thing.  Often, two people with very different desires for outcome.  What do you call that difference of opinion or differing needs?  It is called a dispute.

What do you do when working with two people in a dispute?  For example, let’s say that two of your friends have a dispute over some words that were said.  Suppose that the friends are Janet and Martha.  Janet told Martha something in confidence and without realizing it, Martha shared the information with another friend named James.  Her breaking confidence was not very nice, but it was not a crime.  Now, in this dispute, the words have been spoken and the action cannot be undone.  Hopefully, Martha is sorry for saying something she should not have said, but she cannot do anything other than to apologize and ask for forgiveness.  Janet can either accept her apology and work to repair the relationship or she can decide that it is time to let the friendship go.  For the two of them, that may work, but maybe because your goal is to remain friends with the two of them, even though their friendship has ended, and no one is upset with you about anything, each one will be able to stay friends with you individually.  The relationships are all going to change, even though you were not part of the dispute, it does affect you.  You may try t it and see how it goes and find out that there needs to be some ground rules set.  Especially when the friends don’t think that you should be friends with both of them and fight over you.  If your friends are going to put you in the middle or try to win you over to one side or the other, it is going to become very uncomfortable for you and you are going to feel the ramifications of their quarrel.  As an adult person, you can walk away and say good-bye to both of them if the situation becomes too uncomfortable for you,  but a child of divorce cannot do that when the dispute is between their parents.

Another thing that would not happen between the friends is this, no one would try getting the police involved or ask a court to prevent you from having a relationship with either Janet or Martha.  There was no crime committed and you have the right to have a relationship with anyone you wish.  There wouldn’t be any authority figure to come yell at Martha or order her to not be allowed to have friends again.  Because we are talking about a dispute between people, no matter what anyone else thinks of it, no crime occurred, and so there is nothing that anyone else can do about it, certainly not the police.  Martha and Janet will feel the way they feel about it.  A relationship ended.  There is really no “right” outcome from what has happened.  People who care about them may want them to apologize, make up and go back to being friends, but Janet and Martha will be the ones who decide their next steps, but they way they will each treat you afterward will determine how you feel about each one of them going forward.  Hopefully, they will understand that you have separate feelings and needs from them and that your desire is to remain friends with both of them separately and they will create conditions where you can do that.

For a child of divorce, they need their parents to sort this out for them.  They don’t want anyone to punish mommy or daddy because they hurt each other’s feelings or made each other sad.  If mommy and daddy can deal with their hurt feelings and put them aside in order to understand their child’s needs and figure out how to separately manage the child’s activities, health and wellness, that is the best thing that can happen, but when the parents refuse or keep trying to make the child choose sides or stop seeing a parent, in the legal divorce they are going through, that is when a third party neutral is called upon to come in and try to help for the child’s sake.  By this time, the hurts of the past are way behind the parents and they are usually already divorced.  The situation is what it is and the court orders/agreements are what they are.  Court appointed third parties are there to help everyone make it work, but if they do see a child in the middle, they will help to free the child from the conflict and negative feelings between parents.  There really isn’t a lot that third parties can do to help you improve the situation.  You will have to do this for yourself.  They will try to get you focused on the child to make the child’s life more manageable because children do suffer enormous consequences when they have to live through parent hostility.

Many times parents do not understand this.  They complain and complain and complain about what it is they do not like about the other parent or what the other parent has done.  They expect that if they demonstrate just how bad a person the other parent is, someone will punish that parent in some way.  That is not the nature of dispute resolution, which is what Family Court is about.  Family Court looks for solutions and moving families forward.  They want you to take your family out of court and start making decisions for yourselves.  They don’t want to parent your children for you.  They want to give you the tools to do it.

If your approach to Family Court is to try to prove fault in a no-fault system, you will lose sight of the needs of your child.  If you need help understanding dispute resolution or gaining some coping skills so that you can focus on your children more than the battle, especially if you have an ex spouse who cannot seem to grasp the nature of custody and parenting time, give us a call at 763-566-2282 or at High Conflict Central, 1-800-516-2446.  We’ll do our best to help you.

Life’s Doors Mediation has Moved!

Fragile Box Means Easily Broken And Breakable by Stuart Miles
Image courtesy of Stuart Miles at freedigitalphotos.net

As of July 1, 2018, you can find Life’s Doors Mediation in Golden Valley, Minnesota.  Life’s Doors Mediation offers divorce and post decree mediation along with a variety of other services.

Our Family Law Connected services:

  • Mediation
  • Parenting Consultant
  • Parenting Time Expediter
  • Divorce and Conflict Coaching

We encourage people who are experiencing relationship problems or long drawn out high conflict divorce and co-parenting issues to also check out our affiliate, “High Conflict Central“.

High Conflict Central offers:

  • Relationship Coaching and Consulting
  • Parenting Classes and Information
  • Online Webinars
  • Online Learning options
  • Divorce and Co-parenting Support, Education and Information
  • Specialty Programs
    • Discover Your Piece
    • Victim in the System
    • Crossroads to Connections
    • DYP for U

Check out our new location at:

The Golden Valley Professional Building
1710 Douglas Drive N., Golden Valley, MN 55422

If you want to schedule mediation, get support with divorce or are trying to work through a difficult co-parenting, high conflict custody situation, please contact Susan Carpenter at Life’s Doors Mediation, susan@lifesdoorsmediation.com, 763-566-2282.

Victim in the System Basic Course

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I know things have been pretty quiet on the blog lately, but I have been working hard with a new focus. My passion lies with helping parents. Believe me when I tell you that parents can make it through high conflict divorce. Parents can be of great support to their children in the midst of living a nightmare. Parents can be amazing parents, even when they are co-parenting in a high conflict or highly abusive custody situation. Sometimes, you just have to gain a little knowledge and a lot of confidence.

I am working very diligently to brand our new Divorce and Education Center, High Conflict U, and get all of our programs off and running. The latest is a basic free e-course called, “Victim in the System Basic”. Check it out and if you like it, consider signing up for our in-depth “Victim in the System Advanced” paid course. Also remember that we offer coaching services to any parent who is stuck in a high conflict nightmare. You can find out more about all the services provided at Life’s Doors Mediation and High Conflict U by visiting my website.

Take just a few minutes to go through my latest free e-course:

Victim in the System Basic Free E-Course

You can also check out the new website that is all about High Conflict U.

Renewal

Light Path by dan
Image courtesy of Dan at freedigitalphotos.net

 

When I started my journey to help parents, the goal was to save them from the confusion I knew they felt and to make their journey shorter and less painful than the one I had walked.  I felt called to be a guide, a teacher and provide comfort when I could.  I never promised to have all the answers.  We are all human, after all.  We need that higher power.  We need to believe in something greater than ourselves.  We need hope that there is much more to the journey than our current situation.  We need hope.

I spent the time of my story all alone.  I was alone because I could not find anyone else who really understood.  I started out scared and alone, just me and my two boys, but I did ask God for help.  I did not think he was helping so I quickly dismissed God and searched for someone or something else.  When I did that, there was nothing but me and the prison I was building for myself.

When I was finally tired of my lonely misery and found no one else who understood or had real knowledge I turned back to God and found he was always there.  He had never left me.  I was simply refusing to see him, to hear him and to trust him.  When I gave in to what he was doing, my life changed.  I was freed from a prison that really only existed in my own mind.  The door had always been open for me to walk through.

I was blessed and I wanted to share that blessing, that peace, that freedom with others who were held captive in their imaginary prisons.  I wanted them to see what I finally saw.  The door to your prison is already open.  You simply have to walk through it!

I went on to walk a new journey of helping parents escape the pain of divorce and high conflict custody battles.  Those who are open to change receive great rewards.  I share with them the secret to conquering Family Court and painful relationships.

While I am a mediator, parenting consultant, and parenting time expeditor in Minnesota, and I enjoy that work to a degree, those roles offer limited success.  Results depend on the good faith of the individuals involved.  The success or failure comes from the skills and abilities of the parents themselves and their desire to escape their own prison.

What I really enjoy is teaching.  It is in the one on one work that I do where I see dramatic results for parents.  It even works for high conflict families.  How wonderful it is to see fear and anxiety replaced with peace and confidence and to see that spill over for children.  Parents living peace and confidence are able to offer so much more to their children than are parents who struggle with pain and trauma.  Pain and trauma will not help you find your way out of a paper bag!  Pain, trauma and the stress of a journey through the darkness of family court, leaves you stuck.  Fumbling and stumbling because you aren’t aware of your true power makes you rely on professionals to light the way.   What you do not realize is most of the professionals don’t know the way either.  Even if they do, the professionals will not light your path for you.  They are trying to show you where the light is.  You have to take it.  It is not the lawyer’s job to teach you.  It is not the mediator’s job to teach you.  It isn’t the parenting coordinator’s job to teach you.  In some cases, I have made it my job to teach, but I can only do that in the one-on-one services I provide.  I’ve decided that will be my main focus in this coming year and beyond.

I will show you the way and offer guidance, but the work is up to you and you alone.  It is not easy, but you can free yourself and your children from the pain and trauma of Family Court and High Conflict divorce.  Even when your co-parent keeps inflicting more and more control, financial hardship and fear on you, there are ways to expose their attacks for what they are and find peace for your own house.

The goal of our the programs offered at Life’s Doors Mediation is to clue you in to what you do not understand so that you can free yourself from a narcissistic ex, a bipolar co-parent, toxic co-parenting and really understand why it is you feel so trapped.  We also share with you the truth about Family Court professionals.  Why don’t they seem to know what they are doing?  Why don’t lawyers help you?  Why don’t parenting consultants seem to care about domestic abuse?  We have programs that are specifically created to help victims of domestic violence.  Check out our program, Victim in the System.

 

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Victim in the System logo-a trademark of Life’s Doors Mediation

 

We also help those in High Conflict situations.  Are you tired of it yet?  Do you want out of the control?  Check out what High Conflict U has to offer.  There is even a free e-course about Parenting Consultants and Coordinators!

 

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High Conflict U-a trademark of Life’s Doors Mediation

 

You have nothing to lose!  If you have tried everything else and found no help, why not try something new in this New Year?  Pick our brains as to why your situation seems so backwards and upside down.

While Life’s Doors Mediation can only provide mediation, parenting consulting and parenting time expeditor services to parents in Minnesota, our coaching and educational programs are without limits.  We can assist anyone in the United States, or even the world, to move beyond the prison of Family Court.  You owe it to yourself and your children to try something new!  It is always a free consult.  What have you got to lose?

Trouble With a PC?

Spread the word!

Check out this new book to help guide families who have a court appointed parenting coordinator to manage their high conflict divorce!  It is called, “The Parenting Coordinator and Consultant Survival Guide” now available on Amazon.com!

This one is a must read!

The_Parenting_Coordi_Cover_for_Kindle
Buy Now!

Leavers vs. the Left from lessonsfromtheendofamarriage

This piece, about what happens to the people that leave relationships abruptly and/or with deception, caused quite a stir on Facebook recently. The comments fell into two camps: “Thank you for validating my experience” and “I’m the one who left my marriage and I’m tired of being painted as the bad guy.” The reaction got me […]

via The End of a Relationship: The Leavers and The Left — Lessons From the End of a Marriage

Thoughts From High Conflict U

As someone who has been working for almost 20 years to help parents navigate the very choppy waters of family court, I get a fair amount of calls and emails from parents who feel overwhelmed with how off track their case has become. High conflict cases snowball into unimagineable craziness and parents desperately want […]

via Who Do You Recommend for a Parenting Coordinator or Consultant? — High Conflict U

Mandated Relationships

PAS statement from APA image by Susan Carpenter

We live in an age where state authorities have taken it upon themselves to mandate relationships.  As crazy as it sounds, that is what they do.  We also have the court system creating syndromes where none exist.  This is done so that people who are incapable of developing and maintaining relationships on their own, can force others to be in relationship with them.  We have judges who want to play along in this little game of mandating relationships, and lawyers who allow it to happen because they can earn a lot of money doing so.

Read the latest, in a string of state control over children, from West Bloomfield, Michigan:

Judge Locks Up Kids for Refusing to Have lunch With Dad

This is all such a farce for several reasons!  First off, I contend that only an abusive parent would force their children to have a relationship with them.  As difficult as it is, if the other parent is lying about you, but you are able to spend time with your children, the children will know how you treat them when they are with you.  Children know.  Children are not stupid.  Children come to know the truth, as they experience it, not by what is written, not by what is told to them, but by their life experience of the time they spend with you.

 

Background Image courtesy of arztsamui at freedigitalphotos.net
Background Image courtesy of arztsamui at freedigitalphotos.net

Why this judge is participating in a farce:

1. The state’s only interest in the parent-child relationship is due to the state ensuring “the Best Interest of the Child”.  Removing children from the safety of their home and both parents is not in their best interest, and will harm them in a FAR greater way than if they are not spending time with one parent.  It may be harmful if they are being denied time with a parent, but we all know that children find a way to do what they want to do, especially as they get older.

2. If this judge truly believes that PAS is the problem here, then she would hold the mother accountable and not the children.  Stop punishing the victims!

3. A reasonable parent would realize that court “forced” interaction with anyone will not deepen anyone’s affection for you.  Maybe the father should ask for court ordered therapy sessions where they may get to the bottom of what is happening and work on their relationship.  This would afford an opportunity to repair a broken relationship, and not demand “parental rights”.

I realize that there is much more to ANY court story than meets the eye.  I will try and research this case to find out more information, but until then, on the surface, it is pretty pathetic.  Both parents and the professionals on this case are failing the children and I hope, for the children’s sake, that someone will do the right thing!

Why Your History of Domestic Violence Works Against You in Family Court

Image courtesy of  David Castillo Dominici  at FreeDigitalPhotos.net

I have a personal experience of domestic violence.  I am just putting that out there so that people know that I know what I am talking about.  I understand domestic violence from your perspective.  I lived it.  I escaped it.  I moved beyond it, and I went through trying to prove it in Family Court.  I learned a lot from it and that is why I want to help you learn from my experience.  The goal here is to help others understand where it is going to be beneficial to you in Family Court and where it is not.

Let me first caution you that if you are in an abusive relationship, tell someone about it.  Find someone you trust, a family member, or a friend, and tell them.  Do not be ashamed or afraid to do so.  It is the first step toward a better life.  If you don’t have someone in your life that you can go to, find a domestic violence organization such as the Domestic Abuse Project, the Battered Women’s Coalition, Cornerstone, Sojourner Project, Alexandra House, The National Domestic Violence Hotline, or do you own search to find an organization near you.  They will help you.

My second caution is to know that the above listed organizations will help you and encourage you to tell your abuse story to court authorities.  That is important.  I just caution you to know when it will help you and when it will hurt you so that you who should hear it and how to tell it in a way that really will help you.  Knowledge is power.  Domestic Violence groups want to help you, but they may not always know how best to apply it in the Family Court situation.

My third caution is that if you are going through a divorce from an abuser, tell your attorney as early in the process as possible.  I know it is hard to do because of the shame involved, but this is important for your children’s sake.  You have put your children first all these years so you need to be brave just a little longer and put it all out there.  Ask for help from an advocate so that you can be your bravest now.  It is very important.

My fourth caution is to make sure your attorney understands abuse and when to apply it to your case.  Not all of them do.  They have to use it for maximum effect.  If they don’t, they are going to talk you into making some really bad choices, and sign on for things that are not in your best interests, for example, a Parenting Consultant or Coordinator.  If your attorney is not presenting your case correctly, find one who will.  The Domestic Violence groups should know attorneys who get it.  I also review pleadings to see if an attorney is presenting that aspect of your case for your best interests.  If your attorney would consult with me on domestic violence, I’d be happy to help with strategy, too.  While I am not an attorney, I know when and where they can best use this piece of your divorce story, and protect you from getting stuck in a big mess.

When you have a history of domestic violence, you have spent all of your time living under a cloud of worrying about what the abuser wants.  You have lived your life trying not to make him or her mad.  You know the hell it brings when you make them mad.  You are now conditioned to be hypervigilant, always reading the behavior of others in an effort to protect yourself.  In Family Court, this hyper-vigilance can be misconstrued as mental illness on your part.  For this reason, you need to do Family Court divorce and then be done with it.  Get your judgement and decree, and then get out.  Do not sign up for any court authority to manage your case.  While you may think you need a professional to make decisions because you and your ex will never agree on matters related to the children, you are better off going with professionals who cannot coerce you into situations that will make you relive the abuse daily.  Stay away from any professionals who can court order you to do things that will interfere with your parenting, and your healing process, and who may completely misread your actions.  Any on-going Family Court actions put you at further risk of abuse, and will not benefit your children.  Your best hope for healing and raising healthy children is to seek help from a therapist and/or domestic violence groups.  You can move beyond domestic violence in your life, but you will not move past it in the horrific world of Family Court.

The most beneficial times to get your story across in Family Court:

With your attorney, from day one

Domestic Violence is a reason why your attorney should look out for you when trying to settle financial and property matters to ensure that you are not intimidated into giving away too much of what you are entitled to.

Also, many states have custody and parenting time laws in regards to proven domestic violence.  While it is an uphill battle to get sole custody in the “group think” of family court, a world where everyone is equal and parents should share custody 50-50, there will never be a better time to go for sole custody and keep your family out of the court clutches than in your original divorce proceedings.  Post decree it is nearly impossible to make any changes if you have not made the initial plea.  Abusers do not think of their children’s best interest and so it is my opinion that you should not have joint custody with an abuser.  That is the reason why many states have laws about this in the first place.  However, if you find your lawyer is too wimpy about this issue, and many are, be careful with this.  Many people are afraid to use the court as it is intended.  This includes lawyers.  If in doubt, get a second opinion.  We do it with medical care and we should do it with lawyers, too, when it seems that they are not being an advocate for us.  Tread carefully, but confidently, when you can prove your claims.

Also make sure to follow your gut instincts.  Most domestic abuse victims know that they will never get their ex to work with them on important decisions regarding the children, but legal professionals give you false hope that your ex will change.  Haven’t you hoped for this for years?  You couldn’t make it happen and neither will they.  Trust your gut.

With court professionals, post decree.

This part is tricky business.  First off, in my opinion, you should avoid getting a “case manager” type of court professional assigned to your case.  These would be Parenting Consultants and Coordinators, but may also be a Guardian ad Litem or something else.  These roles are not helpful for Domestic Violence and often increase the hostility and interactions between you and the abuser, turning your life and your children’s lives into a nightmare.

I have seen many parents push the abuse claims, when they cannot prove it after the fact.  As I said, the best time to prove it and use it is during the initial divorce proceeding.  Post decree, there is little that can be done about it, especially by the court professional.  I have sat in many trainings with professionals who say, “we don’t care about domestic violence”.  Personally, they will tell you that they do care and wish there was no such thing, but professionally, there is nothing they can do about it.  Nothing.  There is no place to report domestic violence of an adult and no one who could do anything about it if there was.  What would you expect them to do?  You would think that they could, at the very least, keep the abuser away from you, but instead, the frequently force you to come together “for the children”.  This shows just how little they care about domestic violence.

Police can act on domestic violence.  The problem for you is that they are part of the criminal court system.  Criminal courts will address it and can go so far as to put an abuser in jail.  Family court has very little in the way of remedies for domestic violence of an adult.  Keep that in mind.  Not all court systems are the same.  Family Court deals with custody, parenting time, and division of property.  They do not deal with crime.  Something else you need to know is that criminal courts will rarely deal with an issue when you are actively involved with Family Court for that issue.  That is a big problem.  Family Court sucks all issues into it over other courts.  If a crime is committed related to domestic violence, it must be very blatant and beyond a reasonable doubt, to be prosecuted in criminal court.  The emotional abuse and harassment of parenting time and legal custody matters typically falls to the Family Court to deal with.  In their eyes, with joint custody, the parents have equal rights to the children and as such, are expected to “co-parent”.  Rather than protect you from an abuser, the Family Court often brings you more interaction with the abuser because they have an expectation that you and the other parent will work together to raise your children.

What you can hope to achieve in Family Court in regards to domestic violence is direction on how to communicate and facilitate co-parenting.  By telling your story, you can hope that a court authority will understand why you want little to do with the abuser, or why you are always worried about things that might happen because you have had to be hyper-vigilant for so many years, but there will not be much else that they can do for you.  Many of them will ignore your claims entirely because the violence history is not relative to the role that they are fulfilling to bring about co-parenting.  Even when a professional does believe you, you have to take action about it.  Nothing comes on its own.  You have to be the advocate for your healing and for the well being of your children.  Here’s why it is your battle to fight, for example:

Parenting Consultants/Coordinators are like a mini court.  You agree to use them to settle parenting disputes instead of going to the court.  The Parenting Consultant/Coordinator is now basically the judge of your family to settle disputes about the children.  In court, you must file a motion in order for a judge to make a decision.  That is how it works.  Courts are not just sitting around watching people and waiting for something to happen so they can jump in uninvited and decide an issue.  In the Parenting Consultant process, you must ask the PC to make a decision and you should also give them an idea of how you want the matter resolved.  This is similar to how you ask a court to decide an issue for you.  You lay out the area of disagreement, tell the court how you want to see it decided, and ask the court to decide it.  Since a Parenting Consultant is a mini court on their own, you want to approach issues the same way.  The difference is that Parenting Consultants don’t have to know or understand the law.  They are deciding the law of your family as is spelled out in your court orders, or agreements that the two parents have created over the years.  In their role they are also supposed to “assist” the parents in co-parenting.

When you tell a parenting consultant about a history of abuse, you need to take it further than just telling your story.  When you tell a court authority a story, they can really just determine if they believe it or not.  They could also, I suppose, try to make the abuse stop, but when you tell your PAST story, to them, it has already stopped.  Again, there is nothing they can do about something that happened in the past.

I see victims who have learned that domestic violence has an impact on custody and so they continue to tell their story repeatedly, hoping to get some kind of action out of the court authority, whether it is a PC or a judge, but you need to know:

  • the difference between criminal court vs family court
  • the role of the court professional on your case
  • what are the expectations of co-parenting in joint custody
  • the differences between sole and joint custody
  • the differences between physical custody and legal custody
  • how you have to take action for yourself and your children
  • what is parenting time vs custody
  • constant court interactions interfere with your healing process and that is not in the best interests of your child

In Family Court, the main reason that courts stay involved with a family is out of concern for the children.  They care about the conflict because of the effect it has on the children.  They don’t necessarily care about you.  When a childless couple divorces, there is no continuing involvement from the court.  If you are a victim of domestic violence, you need to look out for yourself.  You can do this with the help of therapists and advocates who understand what you are going through and what you have been through.  If you are going to tell your story in Family Court, it needs to be done strategically.  You have to learn to tell your story in terms of making a request for a remedy, but also to balance if that remedy is doable under the parameters of the court orders in your case.  I wish I could say with any confidence that you someone you can turn to for help in Family Court, but I can’t.  Even when the court authority understands domestic violence, the professional’s role, and the court orders, dictate how they make decisions.  It is going to be up to you to explain what it is you are asking for and why.  Your history of abuse may come into play if you want separate meetings from the other parent, or if you want to put limits on communication between you and the other parent.  It definitely comes into effect if you plan to file for sole custody, however, a Parenting Consultant cannot change custody so you don’t need to try and hammer that home to the PC.  You will also need to understand how professionals must try to balance your needs as a victim with joint custody and co-parenting.  It is my opinion that you will do better outside of the Family Court system, but when you have to use the system, do so strategically.

A Song Definitely Made for the Bitter Divorce

Heck, it might still be too nice!  You decide.  You know you like it.  When you are dealing with a hostile person, you need to keep your sense of humor!