Author Archives: rwhiston

Is Emery’s ‘Joe Hill’ really dead ?

A new book by Dr. Robert Emery was released in August entitled “Two Homes, One Childhood: A Parenting Plan to Last a Lifetime.” It is ironic that having spent a decade blocking whenever possible all sensible discussion about two home solutions for children after families divorce he should now be promoting it. One suspects whether he has been truly converted or is merely feigning it.

Like a good many academics who have a highly inflated sense of themselves, he is keen to make a name for himself and advance his career. The major difference with Emery is that he does so at the expense of the integrity of other equally good, or even better, academics in his field. Balance and truth are the first victims of his naked ambition.

Two Homes, One Childhood” is the sort of enticing title many worried parents would find irresistible as they battle to sort out their inner demons and conflicts over child custody. [1]

One would not imagine that Emery had long been out of step with the more ‘progressive’ minds who have studied child custody – be they academic experts or professionals. He has long argued against ‘joint physical custody’ (aka Shared Parenting) by claiming that it is too “unstable.” In part this was because (or so he claimed), the child might become ‘confused’ by the regular routine of living alternatively with one parent and then the other. However, more importantly his opposition stemmed from the fact that most of the children go back to live with their Mums (or so he claimed). If that were true one wonders how a two home solution would work even if it were devised by Emery ?

Many of us at the coal face know this to be only partly true. Yes, most children are awarded to the mother upon divorce by the courts but there is no proven reason why this should be so. In fact from what little statistical data available for England & Wales (stretching back to the 1990s), shows that fathers are more likely to look after older children than toddlers.

Many of us with hands on experience know all too well, of children wanting to stay with their father but being prevented from doing so by the mother or the courts view of what is in the ‘best interests of the child’. Even when the child is living happily with the father, mothers appear to be able to manipulate the police to return “her” child to her (even when the child tells the police that the father house is where they prefer to stay).

Flip-flop

So it is against this background that we now learn from his book that he now proposes the very plan that he has always criticised, namely in his case, to have ever-changing Parenting Plans. But while Parenting Plans are the very mainstay of the Shared Parenting concept the idea of thousands of perpetually evolving ones are not.

Emery modestly calls his new plan a proposal that will be “revolutionary”; a new “wave of the future” for custody planning. It would certainly be revolutionary for the courts – the workload they would have to face would be enormous.

Any idea of welcoming Dr Emery aboard the ‘shared parenting’ boat has to be tempered with the knowledge that he is 20 years too late and the damage he has inflicted in that time has been unforgivable – but we are nothing if not generous enough to embrace all repentant sinners – even Emery.

Emery’s idea is not, however, all that new or even novel. A quarter of a century ago (Kelly, 1994; Warshak, 1992) are on record as proposing such a concept. However, even then it was acknowledged to have certain drawbacks, most notably that parents would have to remain cooperative enough over the years to redesign the custody arrangements, agree the re-calculation of any Child Support payments structure. All that renegotiating of written plans which this would entail would probably involve yet more legal expenses leading to more legal wrangling which, in turn, could likely lead to an increase in conflict between the parents. Even if it was workable it would be restricted to the rich and the poor would once again get cut out of any benefits.

Of course, there is more than one way of avoiding such legal entanglements for parents but Emery has ignored these and blithely ploughed on. One way is to set up the initial parenting plan to specify that the child will live equal time with each parents conditional upon both parents completing an educational programme to that end.

Unworkable

In truth it is an impractical idea to have “temporary” plans that are ever-changing. Only the theoretical premise is reasonable enough, namely that Parenting Plans should be renegotiated and re-designed over time to meet the changing developmental needs of children as they age and to meet the evolving needs of other family members (Emery, 2016). The impractically is that family courts are already overburdened and creaking under the strain of ever more work being dumped on them by politicians guided and advised by so-called experts, e.g. Emery.

Justice in the family courts already falls far short of the ideal and is perfunctory at best because of the pressure of work. Do we really want this level of justice to now include a peremptorily dimension ?

Only a few years ago Emery and a cohort of hand-picked, like-minded accomplices began criticising other scholars for being biased “scholar advocates” – something that only the Emery clique was guilty of being on a continuous basis, i.e. biased and being advocates for their own dogma.  One only has to turn to recent articles on this blog for the full extent to be revealed:

 ‘What amounts to an internecine war has all but been declared by them Emery & Kline) against their fellow academics. Their latest contribution to the advancement of mankind – if that is what you can call it  – is entitled; “Bending” Evidence for a Cause:  Scholar-Advocacy Bias in Family Law.” — ‘Caught red handed‘, https://mensaid.wordpress.com/2016/04/30/22/

To suggestions of reform – such as Senator Lee’s shared parenting initiative – Emery’s riposte has always been that such studies relied on fragmentary academic research and were supported only by “small samples.” He failed to disclose that his work – and that of his cronies – were also based on few surveys and that those surveys were in fact smaller in many cases than the ones he was criticising. Emery’s position was always that even if there were benefits to be derived from joint custody, i.e. shared parenting, they were outweighed by the problems they caused.

In one of Emery’s recent papers he discusses the difference between truth in * Social Science and truth in Law and tries to identify a range of scholar-advocacy strategies that bias research evidence. The only problem with this line of attack is that he reveals his own tactics and the ammunition he has used against his opponents is that. He has perpetrated strategies and tactics where scholar-advocacy has made the headlines rather than the objective truth. These included adopting biased research evidence; creating a controversy that diminished the credibility of findings; and generally increasing confusion among the public by clever use of the media. [2]

A classic example of this were the claims made by UK advocacy group Women’s Aid in 2002, which were dismissed by a Gov’t investigation in 2002, yet were still being published and perpetrated as ‘the truth’ many years later when they were again investigated by Lord Justice Wall who found their claims had no foundation.

Fair weather friend ?

As recently as April 13th 2016 Emery’s views on joint custody were quoted (Sun Sentinel, Florida) as including:

  1. “Children’s lives in joint physical custody resemble that of “travelling salesmen,”
  2. “Children torn between two homes never seem to feel they have a home; they talk about going to “Dad’s house” or “Mom’s house.”
  3. The children often live under two sets of rules, sometimes with dire consequences.

One suspects Emery’s conversion is no ‘Saul on the Road to Damascus’ vision inspired by God. He may yet prove to be a slippery repentee and still hanker after his past ideological commitments. Is his vision-thing as radical as he maintains ? Or is he  visualising “future” custody plans as being an initial plan – and by its nature very “temporary” – changing as the child ages, which is not a far cry from where we are now and mother custody still dominates. Are we being sucked into his alleged new world order when in fact it is one and the same time the old one –  being so close to his old views as makes no difference ?

On the one hand his espousal looks like a progressive breakthrough but given his history it could still leave men trussed up with no real avenue to equality between the genders.

Emery’s argument has always been that Shared Parenting is only possible when there “is no parental conflict or abuse” and ipso facto the unspoken concomitant is that as 90% of all children of divorced parents are not living in joint physical custody then it follows that parental conflict or abuse must exist in 90% of separated households. Therefore, while Shared Parenting may be on the statute book it will be impossible to achieve.

Another of Emery’s rather disreputable quotes runs like this:

  • Expert witnesses sometimes seem willing to testify in favour of the parent paying their fee, and many women cannot afford to hire a witness to counter. This can result in “store-bought justice” that is not always in the best interest of children.

Yes, it can happen but in reality how frequently one has to ask ? There appears to be a shuttered mind-set in much of the USA and it’s not limited to court corruption and/or child care. Emery could be said to giving in to such tactics in the past.

Black lives matter

Yes, they do, and – dare one say it – father’s lives matter too. Given the recent publicity attending black men and boys who have been shot dead by the police are we to conjecture that all policemen in the US are dangerous to approach and only interested in gunning someone down ? The truth is more shaded than that.

All right thinking people accept that ‘Black lives matter’ and that we should never condemn anyone simply because they are black (blue or green). Equally, we should never condemn all fathers as incapable of child care duties but give fathers effective parenting opportunities that mothers automatically enjoy. Nor should we ever envisage fathers as the primary threat to children for the truth of the matter is that fathers are the best guarantees of a child surviving to adulthood.

Fathers, and blacks in America, have been treated by society in the same dismissive way. Theirs has been a bruising tale of setbacks along a rock strewn path. As a child it was circa October 1958 that my mother took me to listen to the great Negro singer and civil rights advocate Paul Robeson (below). [3]  He was very warmly received by what must have been a nearly all-white audience (there being only robesonnegligible immigration numbers at that time). He had just had his confiscated passport returned to him by the FBI and we were all anxious to see and hear him sing. It was viewed as shocking for local inhabitants during the 1939 -45 war that whenever American troops would parade through towns to celebtrate dates or events Negros troops would always be consigned to the tail end of the parade (Empire and Commonwealth soldeirs were never treated to this indignity).

Fathers, both black and white, have since that date been threatened with having their passports confiscated (for not paying enough Child Support) and yet no one queries the eerie echoes of 1950s McCarthyism that Robeson endured. The connection, let alone the facts, are lost on the younger generation. Only the aficionado will recognise it and grasp the resonance of the song ‘Joe Hill’ – a Number 1 hit in many countries, featured at the foot of this article.

Emery’s downfall

Many, perhaps including Emery, would love to live in a world of clear-cut boundaries and of black and white options. But life is not that simple; it is a tapestry of ever-changing variances with individualistic human beings living within a unique and infinite set of circumstances.

While we should never compare or conflate (not even for an instant) Emery with the heroic attainments of Aristotle they do share a common Achilles heel. Ancient Greece had an inherent anathema to the concept of ‘infinity’ in the mathematical sense. They feared it would undermine all they had achieved in the world and it would take the German mathematician Cantor, more than a thousand years later, to finally put this superstition to bed.

In his small way Emery is showing the same phobia based on a similar superstition. One suspects that he wants a one-size-fits-all option – a straitjacket – when all the evidence points towards individual solutions to individual child care situations. This myriad of possible choices is the dreaded ‘infinity’ of the closed mind. Maybe in his new book we will be able to see if there is a chink of light entering his cerebral regions ?

E N D

References :

Paul Robeson – b.1898 –  d. 1976.  Trade Unionist, Civil Rights Activist, Lawyer, Athelete, Singer, Actor, Patriot.

Joe Hill

Joe Hill, a well known trade union activist, was executed by firing squad on November 19th 1915. He had been arrested and framed for the alleged murder of a local grocery store owner (a former policeman) and his son.

I dreamed I saw Joe Hill last night
Alive as you or me
Says I, But Joe, you’re ten years dead
I never died, says he
I never died, says he

Footnotes:

[1] Robert Emery, Ph.D. is Professor of Psychology at the University of Virginia.

[2] ‘Emery calls a Crisis Committee’, https://sharedparenting.wordpress.com/2016/05/03/58b/

[3]  The only known source found for his English tour is in 1958 (when I was aged 11). I suspect I must have met him twice as the first time (at the Wulfrun Civil Hall) I was so small, aged perhaps 7 or 8,  that he appeared like Roald Dahl’s Big Friendly Giant. At the end of his performance I remember him inviting anyone who wanted to meet or speak with him to come onto the stage. As we shock hands my hand was swallowed up by his, and his beaming face came down to my level. He was even taller than my mother.

Taking the Purple path

 Based on an article by Marilyn Barr, Founder / Executive Director National Center on Shaken Baby (NCSBS), based in Vancouver, British Columbia (Canada)

As if the world was not already over-stuffed with acronyms and intoxicated to the point of stupefaction with them, we now have a new one – the P.U.R.P.L.E. period.

However, this acronym might prove vital for fathers in the battle with the likes of McIntosh and Emery whose dogma is opposed to shared parenting and fatherly Purpleinvolvement in child rearing in any shape or form. Patience will reveal more as we go through the A, B, C, of it.

Left: Marilyn Barr

The acronym PURPLE is used to describe specific characteristics of an infant’s crying during an infant’s first 3 to 6 month of life. It is a condition that used to be described as “colic” which referred to a baby’s condition of being in discomfort without specifics, limited parameters or a definition.

When a baby is said to have “colic” it conveys, at first instance, the impression of an illness or a condition that is abnormal in some way. But this is no true. It is a natural ‘developmental’ stage in mammals. And while it may psychologically reassure worried parents when the doctor prescribes a ‘medicine’ it unfortunately plants the seed in their mind that this is indeed an illness, when it is not.

PurplePIC

The most important thing to remember is that it is a transient condition and it is a “period” that is soon over. It cannot be emphasised enough that the word ‘period’ is important because it tells parents (and lawyers) that it is only temporary and will come to an end.

Why this is vital to you.

For some time past the advances made in shared parenting have encountered opposition from a rearguard that want to see the doctrine of ‘maternal attachment’ theory triumph over equality and parental rights. In other words they are a throw-back to the 1950s.

Foremost in this opposition are characters like Jennifer McIntosh and Robert Emery who have formed a vociferous and pernicious coterie of desperados.

So understanding the “Period of PURPLE”, i.e. when a baby is crying, will help counter the arguments of Messer’s McIntosh and Pruett’s ideology (see their CODIT sales pitch to influence care professionals “Charting Overnight Decisions for Infants and Toddlers” re: https://mensaid.wordpress.com/2016/05/24/23/ A list of further reading around the subject and linkages between the bad guys, i.e. McIntosh, Pruett, Emery, Smyth etc., are listed at the foot of the page and can be contrasted with the good guys, e.g. Warshak, Nielsen, Lamb, Ludolph etc.

Just to clarify; McIntosh and Pruett created CODIT and have co-authored papers in the past. They want to put distance between fathers and their children. McIntosh is linked to Emery because of their two studies inc. Smyth, McIntosh, Emery, Howarth (2016). The aforesaid authors also want to put distance between fathers and their children. Samantha Tornello is linked to Emery through “Overnight Custody Arrangements, Attachment, and Adjustment among Very Young Children” (2013). Emery, McIntosh et al., 2013, 2012 (and 2011) plus Tornello et al., 2013, all share the same view-point. So although Emery and the others are not directly linked to CODIT the thrust of their writing coincide with that of McIntosh and Pruett and so by implication the other authors share the same opinions as McIntosh and Pruett . This joint enterprise in aided and abetted by close connections with the  Family Court Review,  the journal of the AFCC, and for which some act as editors or have had a beneficial capacity bestowed on them.

Someone who has probably undertaken more studies on infant crying and analysed the causes is Dr. Ronald Barr, a developmental pediatrician. It was he that came up with the phrase the Period of PURPLE Crying.

Crying is one of the ways to help a parent understand their baby’s life and needs. This is, it must be emphasised, now recognised as a normal developmental phase. That is why it is referred to as the ‘Period of PURPLE Crying’. This is not, we should hasten to add, because the baby turns purple while crying. Not a bit of it. It is that the acronym is intended to be meaningful and memorable for what parents and their babies are going through. It can reach a peak; it is unexpected; it resists soothing, etc. and so forth.

The linkage with Jennifer McIntosh and Marsha Pruett is that they argue that their CODIT checklist for overnighting that babies being “irritable” and not easily soothed especially at parental swop over times. This, they assert, is a sign of stress that should, indeed must, be considered in limiting the father’s overnighting time with babies and toddlers under 4 years of age. The effect is to negate the progress made universally to allow fathers to spend more time with their children and it attempts to revert custody decision making to the hopeless position that existed 10 years ago. This unsound message is being spread to child care professionals and court official (including judges) and whoever else will give them an audience.

Breast feeding animals

The Period of PURPLE Crying begins at about 2 weeks of age and can continue until about 3 – 4 months of age. There are other common characteristics of this phase, or period, which are described in the above graphic of PURPLE. All babies go through this period. It is during this time that some babies can cry a lot and some far less, but they all go through it.

Scientists decided to look at different animal species to see if they go through this developmental stage. So far, they have found that all breast-feeding animals tested have a similar developmental stage of increased crying in the first months of life just as human babies do.

When babies are going through this period they display a resistance to soothing. Nothing appears to help. Even though certain soothing methods may help when the baby is simply fussy or crying, however, bouts of inconsolable crying are different. Then nothing seems to soothe them.

During this phase of a baby’s life they can cry for hours and still be healthy and normal. Parents often think there must be something wrong or they would not be crying like this. However, even after a check-up from the doctor which shows the baby is healthy they still go home and cry for hours, night after night. As one dad might say:

  • “It was so discouraging, our baby giggles and seems fine during the day and almost like clockwork, he starts crying around 6 pm. He is growing and healthy, so why does he cry like this?”

Often parents say their baby looks like he or she is in pain. They think they must be, or why would they cry so much? Babies who are going through this period can act as if they are in pain even when they are not.

McIntosh and Pruett react in this uniformed way and have decided that it validates McIntosh’s study, and that of Robert Emery and that of Bruce Smyth. The only trouble is that they are all cut from the same block and all share the same ideological opinions regarding attachment theory. They observe a baby apparently in distress and conclude they need to devise a checklist to measure it hence their CODIT checklist. They then look for the cause and alight on and the nearest one to hand (and in their view the most obvious), namely the child’s very recent visit with the father and the break in maternal attachment. It all makes perfect sense to them.

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Further reading:-

  1. ‘Why infants should not have ‘overnights’ with their Dad – Exactly what is the argument in favour of this?’ https://sharedparenting.wordpress.com/2016/05/17/60/
  2. ‘Robert Emery and Marsha Kline Pruetthttps://mensaid.wordpress.com/2016/04/30/22/
  3. ‘Emery calls a Crisis Committee’ (RESEARCHERS’ ROUNDTABLE), “Bending” Evidence for a Cause: Scholar-Advocacy Bias in Family Law https://sharedparenting.wordpress.com/2016/05/03/58b/
  4. ‘Dr. Richard Warshak – overnight care; what works?https://sharedparenting.wordpress.com/2014/02/20/40/
  5. Social Science and Parenting Plans for Young Children: A Consensus Report’ https://sharedparenting.wordpress.com/2014/05/22/45/.
  6. ‘Shared Physical Custody: Summary of 40 Studies on Outcomes for Children’ https://sharedparenting.wordpress.com/2014/11/04/51/
  7. ‘Pamela Rudolph rejects McIntosh et al’ https://sharedparenting.wordpress.com/2016/05/06/59/

 

 

 

 

 

Oregon’s ‘homo~phobic’ custody lobby

Is Oregon is in the cusp on lurching into Homo~phobia ?

The history and importance of civil rights in the Americas appears to have gone unnoticed in Oregon. Oregon state officials are on the cusp of being seduced by a crack-pot set of notions peddled by snake oil medicine salesmen.

McIntosh and Pruett are the snake oil medicine men and their cure-all tonic, now being sold at Oregon’s family courts website, is something called CODIT. Their brand of snake oil would see a framework of fences surrounding every separated father wanting to be a part of his child’s early years.

Custody is always a hot button issue, so raising the spectre of an irrational fear of men (homo-phobia) and promoting it as a legitimate and justified fear only muddies the waters.

CODIT puts back the evolution of fathers’ rights and of (in)equality between the sexes to the 1950s and beyond. CODIT is the acronym forCharting Overnight Decisions for Infants and Toddlers” – a pseudo-science if ever there was one, and promoted by aspiring rather than experienced social scientists. Its advocates (Jennifer McIntosh & Marsha Pruett, so no surprise there), insist it is based on research, backed by evidence, and grounded in good science (yes, of course, it is). The fact that no one else (certainly no one of any of repute), is willing to join them says nothing, does it ?

The incongruity is not lost on voters. At the exact time Bernie Sanders is reminding the young electorate of their forefathers struggle for emancipation, universal health care and equality, Oregon’s state court officials are blithely bent on dragging the state, kicking and screaming if needs be, into an era where mothers will once again have the monopoly of child care.

Here we are’, says Bernie to his audience, ‘celebrating and embracing equality for same-sex couples’ – and no one flinches. But mention fathers wanting equality and the shuttered minds of old style thinking erupt onto the stage.

What are state officials supposed to do if the main recommendation and the only message they hear from McIntosh & Pruett’s presentation is to exercise “Caution” against overnighting (Item #6…” p 20). Those state officials who formed Oregon’s State Family Law Advisory Committee (SFLAC) and met on June 5th , 2015 were:

  • Paula Brownhill: William J. Howe III; Stephen Adams; Hon. David Brewer; Colleen Carter-Cox; Ryan Carty; Dr. Adam Furchner; Laurie Hart; Linda Hukari; Lauren MacNeill; Kate Cooper; Maureen McKnight; Rebecca Orf; Keith Raines; Richardson; and Robin Selig.

when separation becomes discrimination

For some reason, better known perhaps to God than the public, Messer’s McIntosh & Pruett want separated fathers to jump through hoops that they have unbiasedly (?) devised before they can share (or even think about sharing) in the raising of their own children. The focus is children aged under 3, and especially 0 – 12 months old, which Pruett, McIntosh, & Kelly see, in their joint papers of 2013 and 2014, as particularly vulnerable to every fathers’ evil machinations (see ‘Parental separation and overnight care of young children’, Part I & II, McIntosh, Pruett & Kelly, 2014). It remains unclear whether Kelly, who is named as a joint author in the Oregon presentation is even aware of her name being used in this joint enterprise since she has recently retired and her past record in such matters is at variance with the discriminatory stance adopted by McIntosh. Someone may soon have to draw her attention to this development and allow her to disavow any connection.

However, Messer’s McIntosh, Pruett, have machinations of their own. Since 2011 when they upset their own profession by their rather slapdash research, they have majored on the 0 years to 3-year-old child. Their 2014 paper echoed the same theme. However, in a version published in April 2014 issue of the Family Court Review they quietly convert the 3-year-old, i.e. 36 month, boundary, into 48 months on the pretext that this is “In line with the available research specific to separated parents and overnight care” which, of course, is an untruth.

It is untrue because there is no credible empirical data showing that overnight / sleepovers have a negative impact on 48 month old children – or 36 month old children for that matter.

fig leaves & Filthy lucre

The justification for their approach to fathers is one of pretending to safeguard children’s safety and best interests. The only problem with their new ‘systemised’ approach is that it is undecipherable to the uninitiated – which, of course, makes it a potential cash cow if the programme can be sold to enough municipalities. And indeed McIntosh is already selling it through her counselling centre’s website as one of her on-line courses.

The demonic duo frame the dilemma faced as an “either or” issue between the research backing attachment theory and that research backing shared parenting. There is no evidence in anyone else’s writings of pitting these two factors against each other and by claiming there are points where the “two strands of development are  . . .  overlapping and inextricably related” is as protective as a fig leaf. It deflects from the real issue which is, “Should infants have overnight stays with their Dad or not (since the implied assumption is that this would interfere with attachment to Mom) ?

Their plans need to face public scrutiny – and the scrutiny of their peers who need to critique this CODIT which has never been peer approved – rather than be confined to a sales pitch behind closed doors. Below is how they see their method working:-

oregon

The hoops are euphemistically termed “Gateway Factors”. Aspirant practitioners of their newly invented methods will have to pay the Cartel to be trained in how to read and implement the snake oil psycho-babble. This is vital because anywhere beyond Gateway Factor 1 and 2 and the would-be practitioner would have to know how to recognise not only whether “The child has significant developmental or medical needs” but what is defined as such by their authors.

Even were we to focus merely on Factor 1 and 2 the regime is so incestuous in its supporting evidence that one is left at a loss to explain or rationalise the “absent”, “emerging” or “present” columns (see above).

How many times have we experienced a wonderfully thought out system that work well with skilled staff and brings real benefits only for it to fall apart when rolled out and staff skill levels fall ? This is not wonderfully thought out, nor is it an enviable or reliable system. Manifestly, this will have to be operated by those in social services who are expected to be competent in medical diagnosis and psychological matters. That’s as tall order.

It self-evident that McIntosh & Pruett are instead relying on a quasi-tick box approach, with coloured coding (to help the impaired, one wonders ?). They coo:

  • The grid from the latter paper has been adapted here for easier use, and a chart has been added, to assist considerations.

A grid and a chart are not enough for this esoteric regime – one needs a heavy duty manual even for the most agile of minds to comprehend their intent.

Their prime motives are betrayed from the sub-text which makes it plain that this whole regime is designed for that 5% of parents who are violent or are irreconcilable when it asks:

The young child:

  1. A) has an established, trusting relationship (6 months +) with both parents, when resident parent is not present, child:
  2. B) seeks comfort from, and is soothed by the other parent
  3. C) finds support for play and exploration with the other parent

(The reader will have to excuse the apparent poor quality of the grammar but one can only work with what is on the printed page).

The unvarnished truth is that this is the hackneyed ploy to gum up the works used every time by alleged ‘reformers’ seeking to reform matters backwards. Their modus operandi is, let’s not think of the 95% or the 97% who are ‘good enough parents’, lets ignore that the immaculate can exist, and let’s instead drag everyone down to the lowest denominator and judge everyone on that basis.

Touch down and lock out

McIntosh & Pruett trumpet their CODIT regime as “  . .  . a simple way to consider key questions that helpfully inform decisions about overnight care for very young children (0-3 years) after parental separation.” However, this seems to infer some de-skilling and making it too simple implies untrained staff are about to be let loose.

It’s true that in the business world one always endeavours to make things, systems, and machinery “idiot-proof” but there are always plenty of candidates to thwart the sharpest and most experienced minds.

In contrast to these author-beginners – newbies – those in the commercial world have a mass of experience behind them (that’s why they’re paid the big bucks). Not only that but they stand to be sued if they get it wrong. One suspects McIntosh & Pruett cannot lay claim to 20 years of inventing and developing such “idiot-proof” machinery and have no concept of how ruinous strict liability can be.

Almost casually Pruett & McIntosh, claim that CODIT “. . . is based on a review of current developmental science” vis-a-vis a consensus about overnight decisions. The only problem is that it’s a consensus of two.  Joan Kelly who retired one year before McIntosh and Pruett created and released CODIT has written many articles on her own that would not support CODIT’s  premise or procedures. CODIT is not based on the real consensus of the Warshak paper which reflects the views of 110 world respected experts or on reviews of the research by other renown social scientists such as Michael Lamb.

The underlying criteria of the trio is pressing to achieve is a lock-out of other opinions which they excuse as “the need to achieve a coherent view.” If issues are as unresolved as they have made out elsewhere in their published work then there is no need to be a coherent view until those issues are unresolved (and having such little data doesn’t help). The one redeeming trait is that they do at least recognise that in the meantime decision made in family law carry significant and potentially enduring consequences for young children and their parents (where have they been for 30 years ?).

Elastic evidence

They would like us to believe that there is ‘controversy’ surrounding overnight stays for young children and that this in part stems from adherence to some ‘theoretical position’.  But the only ones seeking a controversy are the authors since they are finding their position difficult to sustain.

Infants prefer, the authors assert with little credible backing, proximity to one parent or the other at different ages, particularly in their first 18 months. They never mention ‘mothers’ but we all know that is what they mean. To back this up that cite only two studies and we are asked to accept this as established fact in all of the empirical studies on attachment.

Attachment theory is nothing if it is not about bonding with parents and as a result much emphasis is placed on “frequent” separations and “repeated” separations. These may appear to be one and the same but they can mean very different beasts in academia. Going to work in the morning a fathers might be said to be “frequently” separated whereas a mother or child expecting a father to return routinely but who does not, might be ‘repeatedly’ let down in separation terms. However, “frequent” and “repeated” are never defined. This goes to the heart of the debate – who is in charge of determining that one overnight stay with Dad a week is “frequent”? If the concern is the impact on the baby’s sense of security with the main care-givers due to frequent changes doesn’t this assume the baby is a conscious sentient being, capable of independent thought, which surely contradicts the attachment theory of utter dependency ?

From the attachment perspective, “frequent” separation refers to repeated absences occurring regularly, and concern focuses on the impact of frequent change on the baby’s security with main care-givers.

Return of the Red necks

Conveniently forgotten in their arrival at this rickety conclusion about sleeping over at a father’s home is the CDC data showing 99% of all child homicides in the 0 -12 month category as actually mother inflicted. Given this indisputable fact, why are mothers not forced by CODIT to face the hoops rather than fathers ?

The answer is simple; Messer’s McIntosh & Pruett are unreformed 1970 feminists. They want female privilege, not equality. They represent a faction of feminism that embraces 19th century Victorian values. They are as unreconstructed as any misogynistic redneck – the only problen with this descriptor is that they haven’t had enough experience in the field to get a literal or figurative ‘red neck’.

Immaturity wafts through their document. They want their questions to be asked and assessed for each infant-parent relationship but no one has told them yet that this is not even possible with divorces where the number of persons involved is 50% less (and often both parties agree to a separation). So what realistic hope have McIntosh & Pruett to get this project over the line ?

It is a false premise to believe that there is somehow “ . . . an implicit assumption that one parent’s gain is the other parent’s loss, and that the baby either wins or loses, as well.” Adopting attachment theory tactics will ensure one parent will always be the loser. But we should not exclusively focus on this but on the arguments made in everything one reads which are not about a simply parent’s gain or loss but about the infants’ losses/gains.

McIntosh & Pruett believe – and probably quite sincerely – that infants in the “most frequent” overnight group (one or more nights per week) were more irritable than the “less than weekly.” However, they fail to mention that those same children were no more irritable than infants from intact families – so why are the reporting their own findings in this erroneous way ?  The data did not show overnighting infants were very irritable or difficult babies. Doubtful claims are also made that:

  • “ . . .  children aged 2-3 years in the “most overnights” group (35% or more overnights between their parents), showed significantly lower persistence in play and learning than those in either of the lower contact groups, and more problematic behaviours.”

This ‘result’ was reached using a subjective “assessment” of the children’s readiness to learn language. This was another instance of the authors misleading the reader. They gave the impression that they were having “learning problems” when they were not. It was in fact a 5 item test that did not assess how easily distracted they were when playing by themselves, etc. and their scores were perfectly in the normal range. No mention is made that the frequently overnighting 3 year olds were actually better off when they were five – they had fewer behavioural problems.

Analysing their claims

Closer analysis finds them shooting themselves in the foot. Citing Tornello, Emery, Rowen, Potter, Ocker & Xu (2013), they claim data in the study analysed attachment and childhood adjustment data provided by mothers from a separated families sample of 1,023 one-year-olds and 1,547 three-year-olds who had contact with both parents. Large numbers look impressive but sadly for McIntosh & Pruett data came from only 51 mothers whose infants were “frequently” overnighting – and most of those infants were living with their father for more than half of the time.

Further analysis finds the claims by McIntosh et al (2010 & 2013) concerning a randomised general population database and Children aged 2-3 years in the “most overnights” group to be suspect. Ironically the problematic behaviours identified and referred to were only towards their mothers – and were the same behaviours reported by 50% of the 4,000 mothers in the

Their claim is therefore dangerously misleading and they failed to mention any of the far more serious limitations of this study – lack of validity for most of the measures, 60 – 90% of parents a). never-married or, b). cohabitees, and there was no clear link between overnighting on 5 of the 6 measures – only 11 infants who overnighted more than 5 nights a month etc.  There was no measurement of attachment, questionable measures of “emotional regulation” and having only 14 – 20 infants in the occasional overnights group is no where large enough to draw any worthwhile conclusions.

Depending as they did on much of the ‘Fragile Families and Child Wellbeing Study’ their claim that the data was representative of the population of 20 major inner US cities, is true nu once again dangerously misleading. McIntosh & Pruett concede that their sample consists of predominantly black, unmarried, low-income mothers they are not “typical.” Instead, they represent the poor, minority population in those studies – not the population of the entire city.

They also reveal that 41% of children moved to an overnight plan in the intervening year before the follow-up – this means there can be no way to reliably assess the impact of overnighting on the “unsettled behaviour.

As if looking for support, the authors claim that “some variables studied showed no group effects” but it has been pointed out by others, it is not some but ‘most’ variables studied showed no group effects. They then misuse the paper by Solomon and George (1999) claiming it is ‘consistent’ with theirs.

The instructions on how to complete the CODIT ‘profile’ (a ‘checklist’ to you and me but maybe they see themselves as FBI agents ?), is to ‘work through the 8 factors’ and for the questions in each factor assign a value. Operatives of the regime are advised to circle the answer that is currently true for this child and family, as defined as follows:

  • Present (continually present/established)
  • Emerging (sometimes present)
  • Absent (rarely or never present).

 Only in the latter stages, and as a codicil, do the authors admit their regime is nowhere near close to being a diagnostic instrument and so fallible as to be discarded when put under pressure.

  • “The CODIT is not a diagnostic instrument. The profile should not be used as the sole basis for decisions, nor override the discretion of parents who jointly elect to follow other schedules.”

Should someone be found to somehow and miraculously have all the diverse specialism this regime demands then at the finale practitioners are advised:

oregon2 They say a sucker punch is always unexpected and the one that always lays you out. In boxing, a sucker punch is one thrown outside of the formalised rules of engagement. Even though Messer Jennifer McIntosh and Marsha Pruetty work to a disgraceful agenda, they nonetheless operate within the thin framework of family courts.

Death and brain tumours can be occasioned by sucker punches, so the public in Oregon must  be alerted in no small way to the proximity of potentially malignant opponents in their community.

Make no mistake, the stakes are high. Should their regime not reach its intended goal then built into their programme of Gateway Factors and Key Factors is the backstop of as yet undefined Further Factors which can be added later.

The last word has to go to the authors who write that some children had not seen their fathers regularly in the intervening year, and for a few they had no prior contact. In other words, within the context of their originating paper,  the researchers themselves concluded that there was no significant link between overnighting per se and attachment.

 

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Robert Emery and Marsha Kline Pruett

Caught red handed

Robert Emery and Marsha Kline Pruett might as well run up the white flag now for all the good they are doing for the social sciences and children. Not content with labelling others who oppose their mono-theocratic world view as ‘scholar advocates’ (meant in a most derisory fashion), they are in fact describing themselves and their own actions over many years.

What amounts to an internecine war has all but been declared by them against their fellow academics. Their latest contribution to the advancement of mankind – if that is what you can call It  – is entitled “Researchers’ RoundTable “Bending” Evidence for a Cause:  Scholar-Advocacy Bias in Family Law.”

If anyone in the social sciences has a track record and an unimpeachable pedigree of ‘bending evidence’ then one of its possible candidates would have to be Messer’s  Emery and/or Kline Pruett. And it makes one wonder why the other 5 co-authors (Amy Holtzworth-Munroe; Janet R. Johnston; JoAnne L. Pedro-Carroll; Michael Saini; and Irwin Sandler) allowed their names to be included and how much actual contribution they made to the final product ? And before you ask yourself, yes, I have never heard of them either !

Here then is a quick résumé of them (see Appendix 1 for more detail):

  • Amy Holtzworth-Munroe is the author of numerous male batterers and violent-husband papers.
  • Janet R. Johnston appears to be engaged in alienated child and on-going post-divorce conflict etc.
  • JoAnne L. Pedro-Carroll is a clinical psychologist, a mother of 7 children, an author and advisor to various US committees.
  • Michael Saini is an Associate Professor at University of Toronto, his résumé of research interests includes: children and families involved with the courts; High conflict custody disputes; child emotional abuse and maltreatment; and supervised ‘access.’
  • Irwin Sandler is a Department of Clinical Psychology professor and for 20 years has been interested in children and families facing stressful situations. Currently he is looking into the difficulties and preventive interventions for children of divorce and bereaved children.

With no well-known authors such as Lamb, Warshak, Kelly, or Nielsen (or several others) with awesome reputations in sight, there is an unspoken question left dangling over any and all of their deliberations.

One can easily imagine that faced with declining sales and falling circulation, Emery as the social science editor for the journal “Family Court Review”, together with Pruett (as the president of Association of Family and Conciliation Courts (AFCC) felt they had to devise an alternative strategy to counter the loosening of their grip on the profession.

To deal with the rising tide before them the duo, who work in close harmony with each other, are not surprisingly seeking a life raft in the form of more and better articles. However, better and more appealing article come with a cost. Are they willing to pay the price of having quality articles exhibiting views with which they fundamentally disagree – ones that do not tow their commissariat party line ? Can they, like the soviet apparatchiks before them, fight a rear-guard action and trash every new concept and original thought they come across even when change is staring them in the face.

Their present articles attract an ever decreasing number of niche readers; a decreasing number of advocates in sympathy with their editorial and those editorials themselves become more out dated with each year that passes. So what to do ?

One obvious answer is to belittle or deride ones opposition and that is now apparently what Emery and Pruet are aiming to do with this latest paper of theirs. They appear to be insinuating or smearing their opponents rather than dialoguing with them in a wholesome and rigorous manner.

Without a hint of irony, idiocy or their place in history Emery and Kline Pruett draw strength from a sayings of Thomas Huxley that:

  • “The great tragedy of Science – the slaying of a beautiful hypothesis by an ugly fact.”

It has yet to dawn on Emery and Kline Pruett that they are the very embodiment of that saying. For 30 years, or more, their ‘beautiful hypothesis’ (their wrongheaded ideas about the supposed dangers of infant overnighting and shared care) have refused to face the ugly fact that the science they propagate does not support it. Their doctrine doesn’t work and shared parenting does.

That is not just a great tragedy for science but is relegated to a mere detail in such matters where  the tragedy is of biblical proportions for millions of children who have had to suffer their interminable regime of doctrinal dogma. Academics might argue that we have no concrete evidence that their views about child custody actually hurt children – but I think we can all agree that fathers (and all honest parents) know, that after processing through the courts the child is rarely the same again.

So lacking in the milk of human kindness are they that they ascribe tragedy to only science and never quantify or mention the far greater misery they and their teaching have caused millions of families worldwide. This is the impression the subtext conveys. This misery is on the scale of a war crime – a holocaust – but what do they care for their fellow-man ?

They are detached; they are academics and scholars. They are Eichmann (“only following orders”), following only where they say their evidence takes them. In reality, they want to obliterate and “silence” others scholars who disagree with them and will not swallow their version of the world, hook line and sinker.

Passing over the heads and intellect of Messrs Emery and Kline Pruett is a truism we are all familiar with, namely that, “The definition of insanity is doing the same thing over and over again and expecting different results.”

Messrs Emery and Kline Pruett are in that category, believing, as they do, that one day in court their religious conviction about child custody will be exonerated and that a judge will one day get it right. Sadly, the truth bears no relations to their rose-tinted views, as anyone who has been through the family court system in any country knows.

For too many years and in too many scholarly journals their ‘world view’ has been advertised, marketed, promoted, publicised, and presented as the only true and viable option. Having had the monopoly (i.e. the stranglehold) over the content of social science journals they are now being challenged as better and more accurate evidence become available and the old data is treated with less reverence.

This is a confidence sapping experience for them. They are accustomed to routinely using the pages of the AFCC and FCR to promote their own views to shame and silence others. Their overconfidence has brought them to the precipice. In attempting to silence by insulting Warshak’s paper (very unscholarly) and the 110 people who agreed with him they have taken a step too far. The fact is their two articles had that sole aim in mind. As a result they have shown themselves for what they are and are as naked as a sniper without camouflage.

Those academics who had temerity, in the view of Emery and Kline Pruett, to criticise the Emery and McIntosh’s baby studies of a few years ago, should be metaphorically subdued into submission or failing that into silence.

This is a very important point. Western values and that of science itself rest on the free exchange of ideas, the free challenging of the old conventions and the pioneering of new frontiers. Without this the West would stagnate, economies would falter and a new Dark Age comparable to all the loss of medical knowledge (accrued by the ancient Greeks and Romans) and lost to Europe in the Middle Ages. [1]

In their paper (“Researchers’ RoundTable “Bending” Evidence for a Cause: Scholar-Advocacy Bias in Family Law”), they actually state: “We argue that scholar-advocacy bias goes largely unacknowledged in family law” – when what they really mean is that their own scholar-advocacy bias and bigotry had largely been unacknowledged for years and so had previously been unchallenged. Now it is being challenged – and that makes them feel uncomfortable.

When you find yourself in a hole Common sense tells you its time to stop digging – but this worldly advise is unknown to Emery & Co. Happily for us they even define their own ‘scholar-advocacy bias’ as:

  • “. . . .the intentional or unintentional use of the language, methods, and approaches of social science research, as well as one’s status as an expert, for the purpose and/or outcome of legitimizing advocacy claims at the cost of misrepresenting research findings.”

What a confessional ! !  You couldn’t make it up ! !

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Appendix 1

NB Telling that no one can command acknowledgement of their gravitas merely by the use of their name, e.g. Warshak, Lamb or Nielsen.

Robert Emery, Ph.D., is a professor of psychology and director of the Center for Children, Families, and the Law at the University of Virginia. He has authored over 150 scientific publications and several books, including the forthcoming Two Homes, One Childhood: A Parenting Plan to Last a Lifetime (Avery, August 2016).

Amy Holtzworth-Munroe (1988 Ph.D., clinical psychology) is a professor in Indiana University’s (IU) Department of Psychological and Brain Sciences. She has researched intimate partner violence (IPV) for over 30 years, including examining the social skills deficits of violent husbands and identifying subtypes of male batterers. More recently, she has conducted research on family law, including developing and testing the best methods of IPV screening in family mediation and conducting randomized controlled trials testing the effectiveness of family law interventions (e.g., different mediation approaches, online parent programs). Her research is currently conducted in the IU Law School Mediation Center, courts around Indiana, and the Washington, DC Superior Court Multi-Door Dispute Resolution Center. She is a principal investigator on a National Institute of Justice–funded research project comparing outcomes of shuttle mediation, videoconferencing mediation, and return to court (without mediation) for parties with a history of high levels of IPV.

Janet R. Johnston, Ph.D., professor emeritus in the Department of Justice Studies, San Jose State University, was formerly consulting associate professor at Stanford University and research director of the Judith Wallerstein Center for the Family in Transition, California. For three decades, she has specialized in counseling, mediation, and research with high-conflict, litigating divorcing couples and their children with special attention to domestic violence, child abduction, and alienated children.

JoAnne Pedro-Carroll is a clinical psychologist, researcher, and consultant with over 30 years of experience. She is the author of over 100 publications, including her award-winning book, Putting Children First: Proven Parenting Strategies for Helping Children Thrive Through Divorce (Avery, 2010). She serves as an international consultant on the mental health and wellness of children and families. An advisor to Sesame Street, she helped to develop materials to foster children’s resilience and understanding of divorce-related family changes. She is the founder of the Children of Divorce Intervention Program, an award-winning series of prevention programs for kindergarten through eighth-grade children in the United States and internationally. She developed and co-founded A.C.T.—For the Children (Assisting Children through Transition), a parent education program that serves as a model throughout New York state and  nationally. Her programs have earned widespread acclaim, including a Program Excellence Award from the U.S. Department of Health and Human Services, the Lela Rowland Award from the National Mental Health Association, and citation as an exemplary program for children from several national and international organizations. As a senior researcher at the Children’s Institute and a professor of psychology at the University of Rochester, her areas of research included the effects of marital adjustment on children and the development, implementation, and evaluation of preventive interventions for children and families experiencing stressful life transitions. She is the recipient of the American Psychological Association’s 2001 Award for Distinguished Contributions to Public Service and the Association of Family and Conciliation Courts award for Outstanding Research.

Marsha Kline Pruett is the Maconda Brown O’Connor Professor at Smith College School for Social Work. She has been in practice for 20 years, specializing in couples counseling and co-parenting consultation, as well as intervention design and evaluation. She has published numerous articles, books, and curricula on topics pertaining to couple relationships before and after divorce, father involvement, young children and overnights, and child outcomes. Her books include Your Divorce Advisor: A Psychologist and Attorney Lead You Through the Legal and Emotional Landscape of Divorce (Fireside) and Partnership Parenting (Perseus). She consults nationally and internationally on various family law issues. She is currently the president-elect of AFCC.

Michael A. Saini, Ph.D., is an associate professor at the Factor-Inwentash Faculty of Social Work, University of Toronto and holds the endowed Factor-Inwentash Chair of Law and Social Work. He is the co-director of the Combined J.D. and M.S.W. program with the Faculty of Law at the University of Toronto and the course director of the 40-hour Foundations to Custody Evaluations with the Continuing Education Program at the University of Toronto. For the past 15 years, he has been conducting custody evaluations and assisting children’s counsel for the Office of the Children’s Lawyer, Ministry of the Attorney General in Ontario. (Is it more than just a coincidence that Canada’s shared parenting reform legislation has been blocked for more than 10 years ?).

Irwin Sandler, Ph.D., University of Rochester, is the director of the Prevention Research Center and the Program for Prevention Research and is the principal investigator on the Family Bereavement Program. He has been conducting research on children and families in high-stress situations for over 20 years. His current interests focus on understanding the role of coping and its efficacy in promoting health adaptation to stress, the assessment of stress events and ongoing chronic difficulties, and preventive interventions for children of divorce and bereaved children. His most recent books are the Handbook of Children’s Coping (Plenum Press, co-edited with Sharlene Wolchik) and the forthcoming The Promotion of Wellness in Children and Adolescents (Sage, co-edited with Cichetti, Rappaport, and Weissberg).

Footnotes:

[1] Quick ref. http://www.bbc.co.uk/schools/gcsebitesize/history/shp/middleages/medievalknowledgerev1.shtml

Prostate cancer funding – pause or paralysis ?

Prostate cancer – the widow and orphan maker

Incredible but true:-  In Britain one man an hour dies from prostate cancer

Cancer_AOne of America’s oldest and respected men’s and fathers’ rights organisation (NCFM) [1] has this week released a critique of the American government’s policy in the funding (or the lack of it) of cancers that affect men, namely, prostate cancer.

Expenditure numbers are always big in the USA so it should not surprise us that the Center for Disease Control (CDC) latest budget request is for $11.86 Billion dollars, which is an $ 87 Million dollar increase.

What was shocking – but sadly not a surprise given our identical experience in the UK – was that of the existing $13.7 Million earmarked for prostate cancer programme no increase in funds was requested by the CDC explained in the budget narrative as; “. . . . the evidence on prostate cancer screening remains unclear.”

This immediately put us in mind of our attempts in 1998 – 99 to get funding (at any level) earmarked for prostate cancer in the UK. The situation then was that while the Gov’t contributed millions of pounds every year to cancer (see first table), it was all directed towards the politically sensitive and PC topic of breast cancer. Prostate cancer never got a mention – yet it killed as many men as breast cancer killed women. The figures of the period show the discrepancy in thinking.

Cancer_CAlmost £24 million was being spent by government on female related cancers and only £2m on male specific cancers (£1m of which came from the Daily Mail). Only when the Daily Mail lost once of its best reporters to prostate cancer at a very early age did it and the public blackmail’ government to match its one million pounds research donation (in March 2000).

In Britain and Ireland there are 40,000 diagnoses of prostate cancer each year. Prostate Specific Antigen (PSA) is a protein produced by both normal and cancerous prostate cells and this sis the method adopted for testing. The situation in 2015 was that there were 330,000 men diagnosed with prostate cancer (ref. ‘Prostate Cancer UK’, Oct 2015), and 10,500 were dying from it each year. One in eight men in the UK will, on average, be diagnosed with prostate cancer and for black men the likelihood is 1 in 4 (the reason for this is still not understood).

In a letter to Robert Whiston, from Baroness Hayman at the Dept. of Health, dated 29/6/1999 concerning cancer screening for men, she confirmed there were two beast screening programmes (BSP) for women, and that since 1988 (when the BSPs were introduced into the UK) the death rate for breast cancer had fallen faster than the European average.

Cancer_BHowever, she declared that after her Dept. had commissioned two reviews into prostate cancer testing, i.e. the PSA test, (from the University of Bristol and the Institute of Cancer Research and both 1997) she had been recommended that because of the high risk of false positive rates that:

  • “. . . . with the current evidence and the present technology a screening programme could not be supported and there was no case to be made for a national screening programme. . . .. There is currently no evidence to support the assertion that a screening programme for prostate cancer could save lives.”

It was later learnt that ‘guidance’ had then been issued to all Health Authorities that patients should not be offered routine prostate cancer screening – despite all existing cancer screening programmes producing at varying degrees the same ‘false positives’.

Less than two years later, in March 2000, New Labour announced the launch of a £20m pilot project, lasting 10 years, “to see if a national screening programme for women suffering from ovarian cancer should be established” – again, nothing about prostate cancer or prostate cancer funding.

  • “ . . . . The plan is for 100,000 women to be screen every year for 6 years with 50,000 undergoing a blood test and the rest an ultrasound test (at a cost of £100 per woman). The Medical Research Council will contribute £5.7m, the Dept. of Health £12m, the Cancer Research Campaign £1m and Imperial Cancer Research Fund a further £1m. Yvette Cooper, minister for public health said in welcoming that the study would provide “…. valuable new evidence of the best ways to treat and monitor the disease”.

The cost of a prostate cancer PSA test for men was £25 at the time.

Cancer_D

“Silent killer”

In as Telegraph article on Ovarian Cancer, dated March 22nd 2000, Prof. Ian Jacobs of Bartholomew’s Hospital London described Ovarian Cancer as the silent killer. Silent because its symptoms are not immediately apparent and a diagnosis is can be difficult:

  • “Because ovarian cancer involves a blood test, it is cost–effective”. However, there would be some cases where tests would show abnormalities, even though there was no cancer. The unnecessary surgery rate is thought to be between 0.1% and 0.5% of cases.

The PSA prostate cancer test also involves a blood test and would, on occasions, also show abnormalities, even though there was no cancer (ie false positives), yet prostate cancer is abandoned penniless and Ovarian has millions spent on it. But with all the funding and publicity the only ‘silent killer’ left today is prostate cancer.

Ovarian Cancer was once the 4th biggest cancer killer (just like prostate cancer) – usually in the post-menopausal 50 – 74 age group who account for 80% of all ovarian cancer cases. And among prostate cancer sufferers, probably 80% are also in the 50 – 74 age group (and in common with ovarian cancer it can also strike people in their 30s).

Is your life worth only £417 ?

Other than skin cancer, prostate cancer is the most common cancer for men in the US. Only lung cancer kills more men than prostate cancer. [2] Prostate cancer is the second most common cause of cancer deaths among white, black, Cancer_EAmerican Indian/Alaska Native, and Hispanic men; and the fourth cause of cancer deaths for Pacific Islander men. [3]

Two large Prostate-specific antigen (PSA) trials recently published conflicting results. A European trial found a clear and significant reduction in mortality, but a US trial found little benefit and even some harm. [4]

Left: Comedian Bill Bailey is fronting a new fund-raising campaign by Prostate Cancer UK in a series of adverts

The picture in Britain had not changed very much by 2013 – prostate cancer remained the most common form of the disease in men but is bottom of the league for research spending, Gov’t figures reveal. According to the Daily Mail, just £17 million was spent by government and charitable sources in 2011, which works out at £417 for each of the 40,841 men diagnosed with the disease that year.

Imagine, if a husband died aged 35 of prostate cancer, how much loss of wealth creation would  follow, lowered GDP due to 30,000 similar deaths, and how much cash money the government would have to pay out every month in benefits and allowances to a widow and her orphans and the subsidies needed for schooling and medical treatments etc.

In contrast, breast cancer still had the highest research funding of any cancer at £41.6million, with leukaemia receiving the most per patient (£3,903). Owen Sharp, chief executive of Prostate Cancer UK, said:

  • ‘Men in the UK have a problem and they don’t want to talk about it. Neither do the wives and partners who will end up supporting them, the doctors who will treat them, nor the politicians who will count on their vote. Prostate cancer is simply not on the radar. We need to follow the lead of the successful female movement against breast cancer and create a real change for men.’

The cure is simple. It is the ‘official mind’ that must change. As a “P Armstrong”, London, wrote 3 years ago:

  •  “Dr Julie Sharp of Cancer Research UK was quoted on the subject as follows: “We fund the best science we can to make the greatest impact – we don’t have quotas for specific types of cancer.” Right ! This is Cancer Research UK, which sends out letters addressed ‘To the Woman of the House‘ and bans men from participating in the ‘Race for Life’ annual run. Makes you wonder, eh ?”

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appendix 1

USA 1992 – ‘The death rate for cancer of the prostate is 24.1 per 100,000 The death rate for female cancer of the breast is 27.4 per 100,000. Cancer of the prostate killed about 32,000 men in 1992 and about 44,500 were killed by breast cancer. Breast cancer has $92 million on it by the US Gov’t. Cancer of the prostate has $14 million spent on it by Gov’t (ie 660% more funding for a 13.7% death rate difference). Projected funding in 1992 is $132m for breast cancer and $20m for prostate.’ – Cancer Facts and Figures, 1991. American Cancer Society.

appendix 2

Extracts taken from readers’ comments Daily Mail 2013-

“Kitty”, Milton Keynes, UK.  ‘Jayell – ‘doesn’t effect them personally’? I have just lost my adored husband, horribly, to PC. how much (sic) more ‘personal’ is that?’ Are you saying that your loss was greater than his ? Reminds me of the quote from Hilary Clinton who said that women are the main victims of war because they lose fathers, husbands and sons. You can always count on a woman to turn the subject back to her favourite subject – HERSELF !

References:

  1.  UK info source : http://prostatecanceruk.org/prostate-information/about-prostate-cancer
  2. For a discussion of related issues see: http://scienceblog.cancerresearchuk.org/2009/03/18/the-psa-test-the-picture-becomes-slightly-clearer/
  3. http://www.cancerresearchuk.org/about-cancer/type/prostate-cancer/diagnosis/prostate-cancer-tests
  4. https://www.letsgetchecked.com/gb/en-gb/cancer-screening-kits/prostate-specific-antigen/Media
  5. Original version on PR Newswire, see:http://www.prnewswire.com/news-releases/the-national-coalition-for-men-ncfm-calls-for-congress-to-restore-and-increase-funding-for-prostate-cancer-research-300255255.html
  6. Daily Mail 1st January 2013 http://www.dailymail.co.uk/health/article-2255559/Anger-prostate-cancer-lags-research-spending-despite-common-form-disease-men.html

Footnotes:

  • [1] National Coalition For Men
  • [2] American Cancer Society
  • [3] The Center for Disease Control (CDC)
  • [4] Screening for Prostate Cancer: A Review of the ERSPC and PLCO Trials, (2009), “Prostate, Lung, Colorectal, and Ovarian (PLCO)” Cancer Screening Trial & “European Randomized Study of Screening for Prostate Cancer” (ERSPC) respectively. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2777060/

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Fathers & schools

Fathers & schools

Divorced and or separated fathers can sometimes feel that schools are not giving them the co-operation needed to keep track of their son’s or daughter’s progress at school.

Is this you ?

Do you feel like there is an insurmountable brick wall or a culture of indifference by the school your children attend ?  Then be assured there are legal measures already in place to help you overcome some of the problems.

The terms ‘resident’ and ‘non-resident’ parent’ are used to distinguish between parents who do and do not live with a child. Under our present court regime most fathers are the NRP (‘non-resident’ parent’) – and for this short commentary it is assumed you are a reasonable and sensible father who has not been in any sort of trouble.

You have rights

Sometimes because you are the ‘non-resident parent’ you are made to feel like an outsider with no rights whatsoever. When this occurs the school’s Principal or class teacher needs to be calmly, firmly and very politely reminded of their statutory duties under the various Education Acts and similar family law Acts.

Over many years all Governments have provided all schools and teachers with ‘guidance’ regarding fathers, i.e. ‘non-resident parent’ – but it is quite common for these obligations on schools to not be enforced (or even not known about by most teachers).

So the following is intended as a helpful guide for fathers when dealing with schools and Local Authorities but should not be treated as a complete and authoritative statement of the law.

Information Sharing

Often a source of irritation is the lack of school reports, or exam results, or notifications of events, school trips etc. happening at school and affecting your son or daughter.

Schools have an absolute obligation to keep all ‘non-resident parent’ (male or female) informed at all times about these very topics (not once every 12 months).

But this right to be kept informed hinges on you (the ‘non-resident parent’) having ‘parental responsibility’. If you do not have this then you may have to apply to the courts for it (see ‘What is Parental Responsibility ?’ below).

Both divorced parents (spouses) automatically have ‘parental responsibility’ during and after their marriage. If the parents were unmarried only the mother is automatically granted parental responsibility and the father has to apply to the courts for it or to have signed the birth certificate.

The Dept. of Education has made it plain to schools that it is important that schools balance the requests of parents with their legislative duties (i.e. to have regard for the child’s best interests). Having parental responsibility does not allow one parent to obstruct a school from carrying out their duties under legislation (but this does sometimes happen).

So, for example, a mother cannot persuade a school to withhold School Reports, or the notification of a school play. The proper procedure for schools is that they should inform the natural parent who is objecting that they cannot comply with that request.

Under The Education (Pupil Information) (England) Regulations 2005, schools are required to provide access to, or copies of a child’s educational record when requested by a parent. Therefore, if the school were to abide by the request of the objecting / obstructing natural parent the school would be in breach of their obligations under education law.

Defining ‘Who is a parent ?’

It may be useful at this stage – if you are unsure – to see which category you are in, i.e. whether you are a parent and have parental responsibility or not.

It is as important for you as it is for schools and local authorities that they are aware that parents may be recognised differently under education law than under family law.

For instance, for the purposes of education law, section 576 of the Education Act 1996 defines a ‘parent’ as:

  1. all natural (biological) parents, whether they are married or not;
  2. any person who, although not a natural parent, has parental responsibility for a child or young person (this could be a step-parent, guardian or other relative);
  3. any person who, although not a natural parent, has care of a child or young person.
  4. A person has care of a child or young person if they are the person with whom the child lives and who looks after the child, irrespective of what their relationship is with the child.

In 1/. above if you are or have been married then both are parents and both have parental responsibility. In the other instances, 2/, 3/, and 4/, a person can be a parent but not have parental responsibility.

Further clarification can be obtained at: https://www.gov.uk/government/publications/dealing-with-issues-relating-to-parental-responsibility

What is Parental Responsibility ?

Defining if you have it

In family law, ‘parental responsibility’ means all the rights, duties, powers, responsibilities and authority that a parent (mother and father) equally has in relation to the child. [1]

Where a child’s father and mother were married to each other at the time of the child’s birth they each have parental responsibility for the child. Where the parents are not married to each other, the child’s father can gain parental responsibility in the following ways:

  1. by registering the child’s birth jointly with the mother;
  2. by subsequently marrying the child’s mother; or
  3. through a ‘parental responsibility agreement’ between him and the child’s mother which is registered with the court; or
  4. by obtaining a court order for parental responsibility.

Additionally, a local authority can acquire parental responsibility if it is named in the care order for a child.

More than one person can hold and exercise parental responsibility for a child. The parental responsibility of one party does not stop simply because another person is also given it. So, in some cases several people may be regarded as being the ‘parent’ of a child. This might arise when a child is taken into Local Authority care because of abuse or neglect.

However, schools know that other people – other than a child’s natural parents – can acquire parental responsibility due to:

  • being granted a child arrangements order determining that the child should live with him or her, or if the court determines that a parent should only spend time with the child, the court may also decide to grant parental responsibility;
  • being appointed a guardian;
  • being named in an emergency protection order (although parental responsibility in such a case is limited to taking reasonable steps to safeguard or promote the child’s welfare);
  • adopting a child;
  • (in the case of step-parents) in agreement with the child’s mother (and other parent if that person also has parental responsibility for the child) or as the result of a court order.
  1. Civil partners have parallel (as far as possible, identical) rights to married people. The same provisions for married people apply to them in terms of acquiring (i.e. in the case of adoption, agreement with their civil partner or by an order from the court) or holding parental responsibility.

General principles for schools and local authorities

School and local authority staff must treat all parents equally, unless there is a Court order limiting an individual’s exercise of parental responsibility.

Everyone who is a parent, as defined under education laws (whether they are the resident parent or not, with or without parental responsibility – see, Defining Who is a Parent, above) has a right to participate in decisions about a child’s education and receive information about the child (even though, for day-to-day purposes, the school’s main contact is likely to be a parent with whom the child lives on school days).

Individuals who have parental responsibility for, or care of, a child have the same rights as natural parents; for example:

  1. to receive information, e.g. pupil reports;
  2. to participate in statutory activities; e.g. vote in elections for parent governors;
  3. to be asked to give consent; e.g. to the child taking part in school trips;
  4. to be informed about meetings involving the child; e.g. a governors’ meeting on the child’s exclusion.

All parents also have legal obligations; for example: to ensure that a child of compulsory school age receives a suitable full-time education. [2]

Where a parent’s action, or proposed action, conflicts with the school’s ability to act in the child’s best interests, the school is obliged by Dept of Education directives to try to resolve the problem with that parent but avoid becoming involved in the conflict itself. However, there may be occasions when a school needs to decline requests for action from one or more parents.

In cases where schools cannot resolve the conflict between separated parents, they should advise the aggrieved parent to pursue the matter through the Family Court.

What are the benefits of ‘parental responsibility’ ?

The key effects of a father acquiring parental responsibility are as follows:

  1. he becomes a ‘parent’ for the purposes of adoption legislation and can therefore withhold consent to an adoption;
  2. he can object to the child being accommodated in local authority accommodation and remove the child from local authority adoption;
  3. he will automatically be a party to care proceedings;
  4. he can appoint a guardian;
  5. he can give valid consent for his child’s medical treatment;
  6. he has a right of access to his child’s health records;
  7. he can withdraw a child from sex education and religious education classes and make representations to schools concerning the child’s education;
  8. his consent is required if the child’s mother seeks to remove the child from the jurisdiction;
  9. he can sign a child’s passport application and object to the granting of a passport;
  10. he has sufficient rights in relation to a child to invoke the international child abduction rules;
  11. he can consent to the marriage of a child aged 16 or 17.

Fathers need to know

For administration purposes, and compliance with the law, the Headteacher has to ensure that he /she:

  1. ask parents or guardians for contact details, including names and addresses, of all parents when they register a pupil;
  2. ensure that names and addresses of all parents, where known, are included in the admission register and also in pupil records and are available to the pupil’s teachers;
  3. ensure that the school has details of who to contact in the case of an accident or medical emergency;
  4. ensure that contact details, including names and addresses, of all parents are forwarded to any school to which the pupil moves;
  5. ensure that details of Court orders are noted in a pupil’s record.

Changing a Surname

This can be the trigger for much disagreement and aggravations between parents. It can occur when the mother wishes to cut all ties, make herself less traceable and start her life afresh.

A change of surname is, strictly speaking, a private law matter and should be resolved between parents. Where the parents have divorced, schools should ensure that the surname by which a child is known should not be changed without written evidence (independent of the parent seeking to make the change), that consent has been given by the ‘other parent’ (the father), or by anyone else who has parental responsibility for the child.

Regulation 5(1)(a) of the Education (Pupil Registration) Regulations 2006 requires a school to record the full name of every pupil in alphabetical order in the admissions register. This is generally interpreted to be the child’s full legal name and not any other name that the child is known by.

However, there may be circumstances where a name change has already been effected by the school and it would not be in the best interests of the child, who might be known by a new name, to refer back to a different name. Ultimately it is a matter of policy for the school to decide but the ‘best interests of the child’ must be the paramount consideration when making a decision.

Where a child is subject to a special guardianship order there are particular considerations in cases where a school receives a request to use a different surname for a pupil.

Conclusion

Schools are under a legal obligation to ensure that the welfare of the child must be their first and paramount consideration. It is sometimes all too easy for them to see a caring parents as ‘too difficult’ and a persistent parent as one who is ‘disruptive’.

If a schools feels it is unclear how it should act then the Dept. recommends that independent legal advice should be sought to ensure that a parent’s rights and responsibilities (i.e. yours), are not infringed and the actions of the school are compliant with education law.

If the situation is handled properly by you the father the above situation should not arise. It is always better to seek compromise and agreement than a clash, conflict or deadlock.

 

Postscript;

Under the principles of the Data Protection Act 1998 (the DPA 1998), children and young adults can assume control over their personal information and restrict access to it, should they be of sufficient age or maturity to exercise their will in this matter. However, this control is not extended to cover information which is held within a pupil’s educational record. Parents are entitled to request access to, or a copy of their child’s educational record, even if the child does not wish them to access it. This applies until the child reaches the age of 18. This is however, subject to information that the school could not lawfully disclose to the child him/herself under the DPA 1998 or in relation to which the child him/herself would have no right of access under that Act. [3]

References: For more detail see: https://www.gov.uk/government/publications/dealing-with-issues-relating-to-parental-responsibility

Footnotes:

[1] Section 3(1) of the Children Act 1989

[2] Sect.7 of the Education Act 1996 – https://www.gov.uk/government/publications/school-attendance

[3] Education (Pupil Information) (England) Regulations 2005 (SI 2005/1437), regulation 5(4)

Homelessness

At what cost ? Estimation of the financial costs of single homelessness in the UK

Based on a paper by Nicholas Pleace, Centre for Housing Policy, University of York, UK, July 2015

Homelessness for both single adults and families is devastating in its consequences. In fact, it is so far-reaching in its destructiveness that it is almost N Pleaseimpossible to itemise all the impact areas.

Right: Nicholas Please

It leaves people vulnerable and isolated. They have no base, no quiet time, from which to operate from or think tactically and strategically about their future. Instead some, perhaps many, turn to drugs, alcohol or even suicide as a relief to dull their pain.

The Spanish graph below shows how just one change, in 2006, to domestic violence laws can significantly affect suicide rates. In that year men could be unilaterally and without due process ousted from their homes and denied any Spanish Suicidescontact with their children. Suddenly without a permanent address, i.e. homeless, many of them lost their jobs.

Men’s Aid believes that society itself is the beneficiary when everyone deserves a place to call home and the chance to live a fulfilled and active life.

Men’s Aid helps people to re-build their lives not through housing or providing health services, education or employment services but by providing the first steps to stability so that these other goals may then become attainable.

Other reasons for homelessness have been shown over many years to be homeless Crisisredundancy and the inability to maintain payments on a mortgage or a rental property or marriage breakdown. White Horse (see below), specialises in assisting mortgage lenders restructure “at risk” mortgages and have long ago identified the 5 principle causes (see http://whms.co.uk/).

Homelessness in the UK (as measured by households deemed by statute to be homeless), was once declining but the banking crisis of 2007 reversed that trend.

homeless statutroyEven a cursory glance of the White Horse analysis shows that under-employment or shorter working hours can be twice as detrimental to the ability of the mortgagee to maintain their monthly mortgage payment compared to outright redundancy or total unemployment (see Appendix 1).

At the ‘coal face’ of actually counting the homelessness on a Sunday evening ‘Nightwatch’ (see below), found an almost unremitting upwards trend from 1988 to 2013 (source: Joseph Roundtree Foundation).

Every year we work with hundreds of people across the UK – some homeless, some left de-motivated from life’s cruel blows – and we have ambitious plans to work with many more.

homeless nightwatchWe are also determined campaigners, working to prevent people from falling foul of ‘The system’, bureaucratic bungling, and lethargy; regulations and judicial decisions. It is the dispossessed who are least able to counter these in-rushing forces which crowd around them uninvited.

And among the forgotten homeless are the homeless fathers – homeless single men already have a modicum of shelter provision and this we firmly believe should be improved and broadened– but a father with children has absolutely nowhere to go (see Appendix 2)

Men’s Aid is set to change the way society and government thinks and acts towards homeless people and homeless fathers in particular.

Historical context

For over two decades (1993) we have known about how homelessness is triggered among those in work and who have been able to afford a mortgage. ‘White Horse’ a company acting on behalf of all mortgage lenders counsels those in mortgage arrears and they have listed the main causes: [1]

  1. Unemployment and reduced income    53.23%
  2. Financial mismanagement                      15.02%
  3. Relationship/marital breakdowns         12.01%

Though there are 5 principles causes, as can be seen from the above Table over 80% are due to just three types of event. Speaking in Jan 1993, Mark Boleat, Director General of the Council of Mortgage Lenders, said:

  • “40,000 people are living in houses that would have been repossessed if action had not been taken to help them. Half of them avoided repossession as a result of the Gov’ts decision to pay Income Support direct to the mortgage lender. Fewer than 1,000 buyers in arrears agreed to become tenants under the mortgage rescue schemes launched in 1991.”

This underscores the success of intensive counselling of borrowers which played a very important role in limiting the numbers of home repossessions during that era’s recession. It also reinforces the attitude adopted by Please, and the research from North America, namely that to intervene early is cheaper (and more effective ?) than waiting to apply a remedy for a totally ruptured situation.

Interestingly, White Horse Services reported in 1993 that through counselling agreement was reached 87.25% of all cases, to pay at least the normal monthly instalments, and that “The earlier we are instructed the better the result for both lender and borrower”. [2]

White Horse Services can speak with some authority since they have counselled tens of thousands of borrowers in arrears and to them it is clear that many mortgagees are naive in rudimentary financial management and have little appreciation of mortgage delinquency implications. [3] Politically, the same 20 year span (and particularly 2005 – 2015), has been as arid for men and fathers as it has always been (see Appendix 3).

Salvation Army

The stereotypical tramp of the 1950s and 1960s would be an ex-Guards officer who could not settle back into civilian life, or who had been dealt an awful hand of cards. They would sleep rough all year moving from one town to another and occasionally be taken in by a friendly police station for a shower, a shave, de-lousing, a general wash up and be given a warm bed in a vacant police cell for one night.

Homelessness is one of those rare statuses in life or event that knows no fashion trends. It is an indictment of how we deal with this segment of our society that pictures taken of the homeless inside hostels cannot be dated. Photographs homeless sallyAnnInttaken in the 1890s and 1930s and 1950s are interchangeable – all look alike as the following array demonstrates.

The Salvation Army was born out of the Victorian slum poverty and fended off the alternative which every town then had, namely ‘the workhouse’, dreaded by many, and rightly so.

Today the Salvation Army has the same basic agenda – the alleviation of poverty and deprivation but has a more modern twist to its work. It caters for people of all ages and backgrounds and has changes the name of its hostels a few years ago to ‘Lifehouses’.[4]

Another charity dealing with homelessness is St Mungo’s. They provide a bed and support to more than 2,500 people a night who are either homeless or ‘at risk’ in some way, and their aim is to end homelessness and rebuild lives. [5] Their 2014 statistics on health reveal that:

  1. 27% of our clients report simultaneous physical and mental health problems and substance use issues
  2. 52% of our clients use alcohol and/or drugs problematically
  3. 65% of our clients report a mental health problem
  4. 70% of our clients report a physical health need

homeless soupQMany of these factors are also to be found in the blanket ‘propaganda’ data concerning domestic violence, namely much is related to: mental health problems; alcohol and/or drugs misuse; a physical health disability. For more data see Appendix 2

As a homelessness charity and housing association they have found that 73% of their clients are male and just 27% are female. Yet they have produced a large 19 page report looking into “Rebuilding Shattered Lives – Getting the right help at the right time” aimed solely at women. They argue that, “Women who are homeless sallyAnnExthomeless are among the most marginalised people in society.[6]

Left: the austere façade of many Victorian Salvation Army hostels for men

But surely it is the father of children, or a father with dependent children living with him who is most marginalised, as he is not treated as an urgent priority in local council housing needs, and no hostel can accommodate him and his children ? He has the choice homeless family Intof a hostel for single men and having his children go into care. Yet we know from the above Report that a large number of boys and girls are from the very same ‘care system’.

When Glenn Cheriton of the Canadian Equal Parenting Council interviewed the executive director of the Union Mission for Men, a homeless shelter based in Ottawa, Canada, he found double standards of treatment operated.

Their executive director said that most of the men who she saw go through the shelter were fathers. Furthermore, she said that when women have “a problem” or social problems, e.g. alcohol abuse, joblessness, mental problems, divorce, etc., etc., a whole array of government and social services of programmes are available to help them and their immediate families, i.e. dependent children. But this is absent when fathers ‘present’ with or without their children. For them there are no programmes or remedial course. Any weakness, such as divorce, alcohol abuse, mental problems, etc., is put down to ‘lacking moral fibre’ and effectively the person not being worthy of investment or of much value to society. As a result men are discarded from the official mind as if not meriting the same level of sympathetic response. Effectively this official attitude cuts fathers off from their family and family support – but it also cuts children off from their fathers.

Addendum: Enquires of many English local councils made by “UK Family Reform” reveal that under present legislation they are not obliged to provide any shelter for men aged between 18 and 35.  To quote one responding council:-

  • ” . . . . The Council carried out an Equality Impact Assessment which found that there continues to be an adverse impact on those who are not owed a housing duty under homelessness legislation and in particular are aged between 18 and 35.”

Men and fathers must be deemed a category not being owed a housing duty under homelessness legislation. In Wales it is a little different with one council reporting:

  • Until the introduction of the Housing (Wales) Act 2014, the Council was not required by statute to produce a Homeless Strategy which included a review of homelessness services since the 2002 Act. We are required to produce a Homelessness Strategy by 2018 in accordance with the 2014 Act and the process will require a review of homelessness in order to inform the strategy. We are, therefore, planning a review to take place during 2017.

To paraphrase one inner London council official:- When the original Homeless Persons Act was introduced in 1977 as a private members bill it did not include this group per se. Nor did the 1985 Act that consolidated the law on homelessness or the 1996 Act. However any young person who is vulnerable is covered by the law. To be vulnerable the ground rule used to be less able to cope than someone of a similar age. Many councils tried really hard to take young people back home unless threatened with violence etc. So councils are the first to accept that there has always been an issue around young people and Homelessness Law. The consensus is that recent case law has changed the position only a little. The Southwark judgement places a responsibility on Councils around duty of care esp. on children leaving care.

“GUIDANCE ON APPLYING FOR FUNDING TO SUPPORT A HOMELESSNESS STRATEGY ” (Feb 2005,  https://www.nao.org.uk/wp-content/uploads/2005/02/0405286es.pdf), aimed to reduce by two-thirds (66%), the  rough sleeping levels of 1998. The estimated number of ‘rough sleepers’ on England’s streets was put at 1,850 on the night in question (excluding Wales and Scotland etc). The paper admits the policy has failed.

Very little has changed. In the same 20 years but particularly the 10 years separating Baroness Scotland, in 2005, and George Osbourne, in 2015, nothing has changed for men and fathers (see Appendix 3 and Appendix 4, ‘The bed and breakfast option‘).

Across the Western world those prepared to protect and promote men’s and fathers’ equality of rights find, when they speak with those in charge of men’s shelters, elicit similar comments. Only when politicians and funding services recognise this gender discrimination can they cajoled into providing services comparable to those provided for to women.

Price paid

Homelessness exacts a personal cost to those who endure it. In addition to the trauma and the emotional duress that can accompany the precipitating events of one’s loss of family home, self-respect. Once people become homeless they experience the indignities of destitution, cow-towing to the demands of state benefits officers, surviving at the hands of charities. Being prepared to be ‘means tested’ about one’s intimate life by total strangers is just one of the indignities expected of supplicants if they are to stand any chance of having their needs met.

Nicholas Pleace, of the Centre for Housing Policy, University of York, (“At what cost ? Estimation of the financial costs of single homelessness in the UK”, July 2015), also points to the many cases where victims of homelessness spend many hours of each day in ‘public spaces’ and where they are exposed to street sub-culture, of gangs of youths intimidating older adults, of violence, theft, physical victimisation and being tricked or set up by the same street sub-culture. It can mark the beginning of a steep downward spiral.

His report relies on the use of qualitative and service cost data drawn from recent research, in order to present estimates that provide an overview of the additional financial costs of single homelessness can cause for the public sector. However, his conclusions are sustained by empirical evidence from White Horse Services going back some twenty years (see below).

At first sight the negative social impact may be thought to be confined to a small minority and not a great burden on the taxpayer. Less obvious, however, does not mean less important and less expensive. As the downward spiral gains momentum an increasing array of official departments and government offices within the public system (the apparatus and organs of the state), find themselves sucked into to the maelstrom – invariably at great cost to the taxpayers.

It is perhaps an indictment of the lack of seriousness with which we as a country have viewed homelessness in general that even after spending significant periods of time on a range of treatment systems, many people remain homeless with further costs yet to accrue because they remain homeless and will remain so until there is an endgame of a housing plan.

This view is confirmed by the 1996 Report of the Executives of White Horse Services:

  • “The benefit to the individual family and society would be considerable, not just in emotional terms but also in reducing the millions of pounds lost each year within the housing market and the lending industry generally”.

Were it made possible to replicate such a reconciliatory regime on the same scale, but for divorce, the impact would be huge and immediate.

The 2015 report by Nicholas Pleace, “At what cost ? Estimation of the financial costs of single homelessness in the UK”, marks an attempt in the UK to begin putting some faces and costs on the problem, and in so doing draws on earlier research (2002), in New York City which tracked nearly 10,000 people who were homeless.

Average costs of services used came to $40,500 per person per year (in 2002 dollars), in this early New York City research (included time spent in hospitals, shelters and jails). [7] The nearly 10,000 homeless people had severe mental illnesses and although mental illness is not always present among the homeless population it is not uncommon and if absent initially can certainly be induced by events after a period.

However, once housed, these costs were reduced such that they effectively offset the entire costs of providing people with housing subsidies and intensive supportive services.

  • NB.  We have seen similar US studies into medical provision and costs where a small group of unfit residents not more than 200 are disproportionately absorbing scarce community health care

More than 60 studies have replicated the findings and demonstrate that in every US city where it has been examined, very high costs are associated with the most entrenched forms of homelessness. [8] Research in Canada and Australia has further confirmed that such high costs are not unique to the US. [9]   Importantly, such “cost studies” have helped to inspire additional government investment in housing solutions, even among politicians usually resistant to increased social spending on poverty, because the economic argument has proven to be persuasive. [10]

It is to be hoped that such information and evidence will inspire a deeper investigation and investment in solutions within England & Wales. Of course, all is not as simple as this argument may imply. Many people who experience long-term homelessness are not high cost service users, at least in any given year. [11] Longer term studies are needed, but in the shorter run anyway, many people in any given year who are homeless seem to fly below the radar and are caught only when they collide with authority and who then turn to charities to help them e.g. Men’s Aid.

The prospect of off-setting the housing costs of these ‘unknown’ clients seems less than achievable but once a quantity of them are identified it will create an atmosphere where the numbers flying below the radar can be more readily captured and assisted.

‘Homelessness prevention’ programmes that try to avert the onset of homelessness in the first place can be complicated to construct and, in common with an ‘all-risks’ insurance policy, often far too expensive to afford. For this reason and a variety of others broad-based prevention programs for those ‘at-risk’ might therefore need to be relatively “light touch” and low-cost to achieve cost effectiveness.

If the average US cost per case of prevention was a little over $2,200 per family, this compares well with shelter costs at a little over $3,000 per family per month (and where the average stay, of nine months, therefore costs around $27,000). [12]

There is a need for a better understanding of the costs in the UK of single homelessness and of homelessness costs incurred by a parent – male or female -with dependent children. Some data is available but it is always dangerous to place too much confidence in so small a sample.

So with that caveat here are some data, albeit anecdotal, gleaned by “Crisis” [13] concerning a young single woman; a single man in his 30s; and a man with a learning difficulty who loses his existing home but all are ‘sleeping rough.’ The financial cost scenarios envisage the price where a). homelessness is prevented or quickly resolved is compared to b). homelessness persists for 12 months.

  • In the first example (a young single woman), the cost of preventing homelessness would cost the ‘public sector’ an additional £1,558. Allowing it to persist for 12 months would cost £11,733 (all are estimates).
  • In the second example (a single man in his 30s), the figure for resolving homelessness quickly is £1,426, rising to £20,128 if homelessness persists for 12 months.
  • For the third example (man with a learning difficulty), the figures are £4,726 compared to £12,778.

The additional financial costs associated with homelessness vary from person to person and by the location, type and nature of the homelessness services support provided. These additional cost, compared to other citizens, are likely to centre around medical or psychological care (the NHS), the criminal justice system (police manpower and court costs), and social services (homeless people have the greater likelihood of more frequent and sustained contact/use of these state agencies).

It is always dangerous to extrapolate but in this situation, where there is insufficient concrete data to hand, it is perhaps justified. The additional costs of homelessness can quickly become significant. For instance in the second example (a single man in his 30s), thirty such people sleeping rough for 12 months, with an equivalent pattern of service use would cost over £600,000 a year in additional public expenditure, rising to £1.2 million if the situation persisted for two years.

Final analysis

In many ways it is almost immaterial whether we as a society can guarantee a net positive return on any investment in homelessness. What is key is that the public and the politicians come to a point where they recognise that homelessness has a hard cost and a high consequence.

‘Nominal’ values can be part of any theoretical equation to calculate the cost and consequences of homelessness but in the final analysis they are at best arbitrary since what values other than artificial notional ones could possibly be used ?

People, including the general public, NGOs, and legislators, do not appreciate that homelessness is never a ‘cost neutral’ option. It may appear that homeless people may not be using mainstream housing resources, but their lives and their use of other acute service systems have the potential to actually spiral out of control.

In addition, for people and families at risk of homelessness, averting their homelessness up-front also has the potential to forestall this inevitable decline, and the ravages it can exact on the people and the service systems to which they would otherwise descend. The findings twenty years ago of the White Horse Service organisation, cited above, underline this very point.

Instead of working harder and throwing more money at the problem that never seems to shrink we should be working “smarter.” The prevention, and ultimately, the ending of homelessness is certainly smarter and more humane than our present alternative. Its appeal is that it will year on year and in the longer run be less expensive for taxpayers and not require constant budgetary diversion on the present scale (see also Appendices 3 – 5).

As this document helps to reveal, there is a cost to doing nothing, and a cost to the holes in the safety net. Further investigation through research and further investment of resources can make a potentially life-and-pound saving difference.

Homelessness has a human cost. The unique distress of lacking a settled home can cause or intensify social isolation, create barriers to education, training and paid work and undermine mental and physical health. When single homelessness becomes prolonged, or is repeatedly experienced, there are often very marked deterioration in health and well-being impacting GPs and hospital services together with the panoply of state funded social services.

E N D

 

Appendix 1

Arrears for both mortgage payments and rental properties can lead to eviction and homelessness. The Table below (left column) shows that complete unemployment can have less of an impact on household security than if the head of household and/or their partner are faced with reduced hours of working, e.g. circa 10% versus 23%.

And in the arena of “lifestyle” and “financial mis-management”, it is the latter by a large margin that is the main culprit with “over indebtedness” accounting for only 2% or 3% (right hand column). It seem that people are cautious about becoming over committed which runs contrary to the mainstream oi f thigh on this topic.

The ‘Resolved’ and ‘Unresolved’ sub-headings refer, of course, to the arrangements being put in place to rectify the arrears via a payment plan, once the issue of employment has been resolved or payment remains ‘unresolved’ where the person is still out of work.

homeless Table

Appendix 2

St Mungo’s, in recent years, have produced these findings. Some of their results from their 2013 survey include:

  1. 73% of clients are male
  2. 27% of clients are female
  3. 64% of clients had issues with substance use (drugs and/or alcohol)
  4. 67% had a physical health condition (medical condition, vision or hearing impaired and/or required regular medication)
  5. 60% of clients had mental health issues (diagnosed, suspected, depression and/or self harming)
  6. One third of our clients don’t have the necessary literacy skills to complete a form without help
  7. 9% had been “in care”
  8. 45% of clients were ex-offenders or had been in prison

In St Mungo’s 2014 statistics* on health one f9inds the followingt:

  • 27% of our clients report simultaneous physical and mental health problems and substance use issues
  •  52% of our clients use alcohol and/or drugs problematically
  • 65% of our clients report a mental health problem
  • 70% of our clients report a physical health need

See: http://www.mungos.org/services/preventing_homelessness

ApPendix 3

In 2005 Baroness Scotland, who was in overall charge of Gov’t Refuge spending for many years and who always blocked funds for male victims, confirmed in writing that for the year 2003-2004 Refuge provision in England totalled £19 million (£10m came from the Housing Corporation and £9m from the Homelessness Directorate). Provincial local refuges that might be considered ‘out of the way’, like the Vale of Glamorgan Women’s Aid, received £226,580 in 2001.

Letter from Baroness Scotland Feb 21 2005, Reference: M1922/5, Your Reference: AJT/ST/DomViolence:

“. . .. . With regards to Mr Whiston’s comments on the provision of accommodation for male victims of domestic violence, the Government this year announced major investment in refuge provision in England. A total of £19 million capital was allocated (£10m through the Housing Corporation and £9m from the Homelessness Directorate) for 2003-2004 alone.

. . . .. Under Part 7 of the Housing Act 1996, people who are homeless or are threatened with homelessness can apply to a local housing authority for accommodation. In considering what duty, if any, is owed to the applicant, authorities have to reach decisions on whether applicants have a priority need for accommodation. Section 1890) of the 1996 Act set out the descriptions of persons who have such a need. It can be viewed at the following address; http://www.ledi station. h mso.gov. uk/acts/acts 1996/96052-ac. htm#189

The Homelessness Priority Need of Accommodation Order (England) 2002 has extended the categories of applicants in priority need for accommodation, to include vulnerable people who have ceased to occupy accommodation because of violence or threats of violence from another person which are likely to be carried out.”

Not even 1% of this national funding was directed towards male refuges. It should also be noted that the Housing Corporation was originally set up to provide money, loans and subsidies to low income families to get onto the property ladder, not for individual women or Refuges.

But the problem goes deeper. Women’s National Commission (WNC) was set up by government in 1969 to push forward policies to benefit women. There is no male counterpart. The budget of the WNC amounted to £754,000 in 2009-10. Of this, the WNC paid itself £460,000 in salaries and the board of governors were paid £112,595 (http://thewnc.org.uk/index.php?format=feed&type=rss). The WNC is “the official” yet independent, advisory body representing women and women’s organisations reporting to Government. In 2008 Harriet Harman strengthened the organisation and increased its funding by 30%. The WNC spent just £1,000 on what it termed “Equalities.” [ NB some very well-known radical feminists were WNC members – RW]

The Commission – on which the Government has now abandoned in 2010 – has faced criticism for its spending and was replaced in 2010 by the ‘Equalities’ sector of government (see http://wnc.equalities.gov.uk/). Communities Secretary Eric Pickles said the Audit Commission had also ‘lost its way’ and had become a ‘creature of the Whitehall state’ when he announced its disbandment and its replacement in 2015.

In July 2015 Chancellor George Osborne’s Summer Budget speech reiterated the same selective Whitehall blindness of not seeing men as victims when he proudly announced:

  • “We will increase funding for domestic abuse victims and women’s refuge centres.”

The Chancellor in his last budget (July) pledged even more money for Women’s Aid to fight DV and fund Refuges. He made no mention of male victims or money for them.TRabloid newspaper The Sun didn’t mention men either but simply headlined:

Therfore, in the same 20 years but particularly the 10 years separating Baroness Scotland, in 2005, and George Osbourne, in 2015, nothing has changed for men and fathers.

ApPendix 4

The bed and break fast option for the few

“At the end of December 2002, around 5,600 families with children (including households with a pregnant woman) were recorded as living in accommodation where they had to share facilities such as kitchens, bathrooms or toilets. This accommodation is provided on a “bed and breakfast” basis in premises such as hotels or hotel “annexes”. For ease of description, this kind of accommodation is referred to as “B&B accommodation” throughout this consultation paper.”

The number of homeless people housed by local authorities in Bed & Breakfast (B&B) hotels has risen from 4,630 in 1997 to 12,290 in 2001. If this trend were to continue, the number would rise to around 14,000 in 2002 and around 15,700 in 2003. As the Homelessness Act 2002 takes effect and those accepted as homeless increases, there is a danger that numbers of families placed in B&B hotels may also increase. In October 2001, the Government set up a Bed and Breakfast Unit (BBU) to focus on reducing the use of ‘non self-contained’ private B&B hotels and ‘annex’ accommodation. That is to say properties where households are placed in one or more rooms on a daily/nightly charged basis where they have to share bathing, washing, toilet or cooking facilities. Even if breakfast, laundry or cleaning facilities are provided, the existence of shared facilities is the key factor. See http://webarchive.nationalarchives.gov.uk/20120919132719/www.communities.gov.uk/documents/housing/pdf/137980.pdf

Tables from official studies published between  2002 – 05. Source: https://www.nao.org.uk/wp-content/uploads/2005/02/0405286es.pdf

homeless1

homeless2

Appendix 5

Pickles abolishes house building targets

6 July 2010 | By Tom Lloyd

http://www.insidehousing.co.uk/news/development/-pickles-abolishes-house-building-targets/6510608.article

Communities secretary Eric Pickles has laid an order before Parliament to scrap house building targets with immediate effect. The move will do away with regional strategies put in place by the Labour government with the aim of seeing 3 million new homes built across England by 2020.

The Conservative-led government wants to put councils in charge of deciding how many homes are built in their area. It will introduce incentives to encourage local authorities to build, rather than using the target-driven approach favoured by Labour. Mr Pickles said:

  • ‘Regional strategies built nothing but resentment – we want to build houses. So instead we will introduce powerful new incentives for local people so they support the construction of new homes in the right places and receive direct rewards from the proceeds of growth to improve their local area.’

A Decentralisation and Localism Bill, expected in the autumn, will set out more details of the government’s plans. But ministers have said incentives will include matching the income councils receive from new homes through council tax for six years after they are built, with the reward increased to 125 per cent of council tax for affordable homes.

Government offices for regions to be scrapped

23 July 2010 | By Tom Lloyd

http://www.insidehousing.co.uk/news/development/government-offices-for-regions-to-be-scrapped/6510866.article

The nine regional government offices are to be abolished as part of plans to devolve power to local authorities.

Communities secretary Eric Pickles has announced the government intends ‘in principle’ to do away with the bodies, which oversee a range of policies at regional level including housing.

The government has already said it is getting rid of one of the nine – the Government Office for London. In the coalition agreement it said it was ‘considering the case’ for the abolition of the remaining eight.

The announcement that these will cease to exist follows the unveiling of plans to scrap regional spatial strategies, which included regional house building targets, and ties in with the government’s wider policy of transferring power from central to local government.

In a statement to Parliament, Mr Pickles said the original intention of the government offices was to join up departmental teams outside London, but that this aim had ‘been lost’ and is ‘no longer necessary in an internet age’.

Mr Pickles has told councils they can ignore targets in making decisions before the legislation is formally introduced. He said:

  • “I’ve promised to use legislation to stop local communities being bossed around by unaccountable regional quangos, but I’m not going to make communities wait any longer to start making decisions for themselves.”

In 2007, the previous government announced a target of building an extra three million homes in England by 2020 to deal with the growing demand for houses http://www.lga.gov.uk/lga/core/page.do?pageId=11610230

E N D

Footnotes:

[1] Peter Lay. Joint Chief Executor, White Horse Services. Jan 1996.

[2] Peter Lay. Joint Chief Executor, White Horse Services. Jan 1996.

[3] Peter Lay. Joint Chief Executor, White Horse Services. Jan 1993.

[4] Salvation Army rebrands its hostels as ‘lifehouses’, 05/03/2010 http://www.insidehousing.co.uk/salvation-army-rebrands-its-hostels-as-lifehouses/6508816.article

[5] See http://www.mungos.org/services/preventing_homelessness

[6] See http://rebuildingshatteredlives.org/wp-content/uploads/2014/03/Rebuilding-Shattered-Lives-Final-Report.pdf

[7] Culhane, D. P., Metraux, S., & Hadley, T. (2002). Public service reductions associated with placement of homeless persons with severe mental illness in supportive housing. Housing Policy Debate. doi:10.1080/10511482.2002.9521437

[8] Dennis P. Culhane, Kennen S. Gross, Wayne D. Parker, Barbara Poppe, and Ezra Sykes. “Accountability, Cost-Effectiveness, and Program Performance: Progress Since 1998” National Symposium on Homelessness Research (2008).

[9] Mental Health Commission of Canada. (2014). National final report: Cross-Site At Home/ Chez Soi Project. Retrieved from www.mentalhealthcommission.ca

[10] Dennis P. Culhane. “The Cost of Homelessness: A Perspective from the United States” European Journal of Homelessness 2.1 (2008): 97-114.

[11] Stephen R. Poulin, Marcella Maguire, Stephen Metraux, and Dennis P. Culhane. “Service Use and Costs for Persons Experiencing Chronic Homelessness in Philadelphia: A Population-Based Study” Psychiatric Services 61.11 (2010): 1093-1098.

[12] Rolston, H., Geyer, J., & Locke, G. (2013). Final Report: Evaluation of the Homebase Community Prevention Program. New York City Department of Homeless Services.

[13] ‘Crisis’ is a UK charity

Being Seriously Misled by Research on Child Custody

Pop Goes the Woozle: Being Misled by Research on Child Custody and Parenting Plans

 By Prof. Linda Nielsen (2015)

Department of Education, Wake Forest University, Winston Salem, North Carolina, USA

Citation: Linda Nielsen (2015) ‘Pop Goes the Woozle: Being Misled by Research on Child Custody and Parenting Plans’, Journal of Divorce & Remarriage, 56:8, 595-633, DOI: 10.1080/10502556.2015.1092349

Downloaded by [Wake Forest University Libraries]  03 December 2015

Mental health professionals, lawyers, and judges whose work involves child custody decisions are often presented with social science research on issues related to which parenting plan is in the children’s best interests. Unfortunately, this research can be misrepresented in ways that mislead these professionals and the children’s parents, leading to child custody decisions that are not the most beneficial for the children. The process of misrepresenting the research in ways that create myths and misconceptions has been referred to as woozling. This article describes how social science data can be woozled, illustrating this with examples related to parenting plans for children under the age of 5 whose parents have separated.

 KEYWORDS:  joint custody, overnighting, parenting plans, shared parenting, woozling

 

 When parents negotiate or litigate a child custody agreement, mental health professionals often present social science research on behalf of a particular parenting plan or custody recommendation. Understanding how the social science data can be manipulated and misrepresented helps professionals who are involved in child custody decisions make wiser decisions. It also reduces the likelihood of being led astray by misrepresentations and distortions of the research. This process of misrepresenting the data has been referred to as woozling and the mistaken beliefs it creates are referred to as woozles (Gelles, 1980).

Several social scientists have written about how data can be misrepresented in family law, especially in regard to child custody issues (Cashmore & Parkinson, 2014; Johnston, 2007; Ramsey & Kelly, 2006). Lawyers and judges have also been warned about putting too much trust in custody evaluations because too many custody evaluators hold beliefs that are based on distorted, inaccurate, woozled versions of the research (Kelly & Johnston, 2005; Klass & Peros, 2011). Nielsen (2014c) provided a detailed account of woozling as it applied to one of the seven studies about parenting plans for very young children.

This article expands on these ideas by providing examples from all seven studies that have compared the outcomes of various parenting plans for children under the age of five. Further, this article also describes how researchers can inadvertently or intentionally contribute to the woozling of their studies. This article’s two central questions are as follows: How can professionals whose work involves making parenting plans for very young children be woozled by social science research? What can social scientists do to reduce the likelihood of woozles or to dismantle them once they have taken hold?

What is a Woozle ?

The term woozle was coined 35 years ago by sociologists Gelles (1980) and Houghton (1979). A woozle is a belief or a claim that is not supported—or is only partially supported—by the empirical evidence. Because the claim keeps “popping up,” though, the public and many policymakers come to believe it. As a result, inaccurate or seriously flawed data come to be accepted as the “research evidence” on that particular topic. Through a number of different woozling techniques, the findings from certain studies become magnified and widely disseminated, overshadowing those studies that would challenge the woozles. Eventually woozles can become so powerful that they have an impact on public opinion and public policy.

These distorted beliefs are similar to the imaginary woozle in the children’s story, Winnie the Pooh (Milne, 1926). In the story the little bear, Winnie, dupes himself and his friends into believing that they are being followed by a scary beast—a beast he calls a woozle. Although they never actually see the woozle, they convince themselves it exists because they see its footprints next to theirs as they walk in circles around a tree. The footprints are, of course, their own, but Pooh and his friends are confident that they are onto something really big. Their foolish behavior is based on faulty “data”—and a woozle is born. More recently Gelles described woozling as “the use, abuse and misuse” of social science research (Gelles, 2007). Like Pooh and his friends who are led astray by their own footprints, we are misled by woozled data. Indeed, professionals, including a judge (Hutchins, 2014), a forensic psychologist (Franklin, 2014a), a developmental psychologist (Mercer, 2014), and a lawyer (Franklin, 2014b) have found the concept of woozling useful in understanding the myths that affect child custody decisions.

Pop Goes the Woozle

Using another analogy from the children’s nursery rhyme, Pop Goes the Weasel, a woozle often behaves like the weasel who keeps popping in and out of holes in the ground, evading the monkey who is frantically chasing it around a mulberry bush. Like the evasive weasel who keeps popping up no matter how hard the monkey tries to catch it, woozled data can seem to have disappeared, but keep re-emerging and evading the people who are trying to “catch” them. Woozles are hard to catch for at least two reasons.

First, certain aspects of a woozle might be true in that some studies’ findings might lend support to some portions of the woozle. That is, there might be a small grain of truth buried in a bushel of untruths. Second, certain woozles are inherently appealing to a society’s prevailing beliefs, so people are more willing to accept those woozles without questioning the data underlying them. Nobel Prize-winning economist and New York Times columnist Paul Krugman (2014) wrote about a similar concept that he called a “zombie”—a belief that:

  • “. . . . everyone important knows must be true, because everyone they know says it’s true. It’s a prime example of a zombie idea—an idea that should have been killed by evidence, but refuses to die. And it does a lot of harm” (p. A-21).

Woozling the data is not restricted to the social sciences, of course. For example, Nobel Prize-winning chemist Irvin Langmuir wrote about a similar process that he called “pathological science.” By this he meant an area of research that will not go away because some researchers or the general public so desperately want those particular ideas to be true. Even though the theory underlying the ideas has been proven false by the majority of physicists, the “pathological science” lingers on (Langmuir, 1989) .

Similarly, Carl Sagan (1997) discussed processes similar to woozling in many fields of science. To reduce the odds of being led astray by pseudoscience, Sagan described ways we can improve our skeptical thinking. The sceptical thinking tools in his “baloney detection kit” include encouraging substantive debate, considering more than one hypothesis, and not getting overly attached to a hypothesis just because it is yours. Along the same lines physicist Robert Park warned us not to be duped by frauds—with frauds being similar to woozlers. There are frauds who are merely speculating, intending no harm, frauds who falsely claim that their work has a scientific basis when they know full well that it does not, and frauds who deliberately exploit bad science with the intent to deceive or to confuse people. As Park explained, what might begin as the researcher’s honest error can evolve from naïve self-delusion to intentional fraud. In the beginning, some scientists honestly, although wrongly, believe they have made a great discovery.

When it gradually becomes clear to them that they were wrong the unscrupulous researchers continue to defend and to woozle their findings rather than admit their errors and set the record straight (Park, 2000).

How are Woozles Born and Raised ?

Although anyone who is involved in making child custody recommendations is subject to being woozled, being aware of how woozles come into being reduces the odds. By looking at examples from the research on parenting plans, we can more easily recognize woozles when we encounter them.

As we will see, the woozling process involves a combination of factors, interacting with one another in ways that often are unpredictable and unforeseen. No single person and no single factor can be held responsible. Although researchers themselves might sometimes contribute to the woozling of their own data or the data of others, many other factors must come into play to keep the woozles alive.

The examples of woozled data in this article are all related to the same question: For infants, toddlers and preschoolers whose parents have separated, is spending overnight time in the father’s care linked to any positive or negative outcomes? Put differently, should very young children spend all or almost all of the overnight time in their mother’s home? Other issues and other studies could be used to illustrate woozling. But because there are only seven studies that have addressed this particular child custody question, this particular topic is well suited to a discussion of woozling. Throughout this article, the term overnighting means children spending nights in their father’s care while living almost exclusively with the mother when the children are under the age of five. The word mother is used instead of primary care parent or residential parent; and the word father is used instead of nonresidential parent or secondary parent. This more clearly reflects the fact that 95% to 100% of the children in the seven overnighting studies were living almost exclusively with their mother and overnighting with the father. The findings from several of the overnighting studies are mentioned briefly in this article to illustrate the woozling process.

Extensive critiques and detailed comparisons are available elsewhere (Cashmore & Parkinson, 2011, 2014; Fabricius, 2014; Kelly, 2013, 2014; Lamb, 2012a; Ludolph & Dale, 2012; Milar & Kruk, 2014; Nielsen, 2014a, 2014b, 2014c; Pruett, Cowan, Cowan, & Diamond, 2012; Warshak, 2002, 2014). So we turn our attention now to these questions: How does woozling occur and what examples of woozling are evident in the overnighting studies ?

Misreporting Data or Wrongly Claiming Sim,ilarities Among the Finddings

We begin with one of the most powerful and most common ways that woozles come into being—repeatedly misreporting or only partially reporting data from a few studies—a process Gelles (1980) referred to as evidence by citation. This can happen even among well-educated professionals who discuss or write about studies without ever having actually read them or having read only the synopsis or the abstract. These kinds of woozles have been referred to as scholarly rumors (Johnston, 2007). Often the few frequently cited studies are presented together, as if they all reached similar conclusions, when in fact they did not. This can mislead people into believing that there is an emerging consensus or a pattern in the data. As cognitive psychologists have documented, people tend to perceive patterns or consistency in data or in situations that are actually random and inconsistent (Chabris & Simons, 2010). In part this occurs because we are more likely to believe data that offer relatively simple, consistent explanations for complicated questions (Kahneman, 2011). Because we like a consistent story, when several research studies are presented together as though their findings are similar, we are inclined to believe there is a pattern or a trend even when none exists.

As we will soon see, repeatedly misreporting certain studies and then presenting them as if they all reached similar conclusions has happened in regard to five of the overnighting studies (Altenhofen, Sutherland, & Biringen, 2010; McIntosh, Smyth, Kelaher, & Wells, 2010; Pruett, Ebling, & Insabella, 2004; Solomon & George, 1999; Tornello et al., 2013). Scholars who have critiqued and compared these five studies have concurred that there was no pattern in the findings and that there were very few similarities among them (Cashmore & Parkinson, 2011; Fabricius, Sokol, Dizen, & Braver, 2015; Kelly, 2013; Lamb, 2012a; Ludolph & Dale, 2012; Nielsen, 2014a; Pruett et al., 2012; Warshak, 2014).

Nevertheless, as woozles are prone to do, the assertion keeps popping up that these five studies reached a similar conclusion: Frequent overnighting (defined differently in each study) is linked to more insecure attachments, more emotion (affect) regulation problems, or more behavioral problems for children younger than 4 years old. For example, Tornello et al. (2013, p. 883) concluded that their study:

  • “. . . . is the third of four studies on the topic that show some evidence of increased insecurity among very young children who have frequent overnights.”

Likewise, the Australian researchers (McIntosh et al., 2010) who conducted one of the overnighting studies repeatedly stated that their findings overlapped with or were similar to four of the other overnighting studies (McIntosh, 2011b, 2012a, 2014c; McIntosh, Smyth, & Kelaher, 2013; McIntosh et al., 2010). As McIntosh (2012b) told an audience in a keynote address: “To cut a long story short, we took these findings, looked at the other studies, and saw a pattern” (p. 5, emphasis added). But as we will see, there is no pattern.

To begin, the Altenhofen et al. (2010) study could not possibly have reached conclusions similar to any of the studies that compared overnighting to nonovernighting children for one simple reason: All of the children in the study were overnighting. There was no other group in the study. Likewise, this study could not possibly overlap with any other study in finding a link between affect regulation or attachment and overnighting for two obvious reasons. First, affect regulation was not a variable in the study. Second, there was no significant correlation between the number of times these children overnighted and their attachment scores, as would have happened if overnighting was having any impact. The researchers simply found that 54% of these children of divorce had insecure attachment classifications—which is comparable to the 47% of insecurely attached children from single-parent families and higher than the 35% of insecurely attached children from intact families in general population surveys (Mulligan & Flanagan, 2006). In short, this study tells us nothing about differences between overnighting versus nonovernighting on attachment classifications.

The second study by Solomon & George (1999) has been woozled many times over the past 15 years. The many scholars who have critiqued this study concur that there was no significant link between overnighting, insecure or disorganized attachment classifications, or the toddler’s performance on a challenging task with his or her mother in the laboratory playroom (Cashmore & Parkinson, 2011; Fabricius, 2014; Kelly, 2013; Lamb, 2012a; Lamb & Kelly, 2001; Nielsen, 2014a; Pruett et al., 2012; Warshak, 2014). Solomon (1998) summarized their results clearly and succinctly years ago:

  • “Attachment security with the mother was not related to . . . the number of overnights per month, the number of consecutive nights away from the mother, or how well the schedule had been followed. Overnight separation from the mother in and of itself is not necessarily seriously disruptive to the mother–child attachment” (p. 5).

In the second phase of the study, there was no way to determine whether the overnighting babies were more distressed when briefly separated from their mother in the laboratory playroom because the overnighting and non- overnighting babies were never directly compared to one another. Given the persistent misrepresentations of their study, Solomon (2013) is still having to clarify their findings:

  • “Neither the particular patterns of overnight visits nor the total amount of time away from mother predicted disorganized attachment” (p. 169).

Keeping in mind that 37 of the 44 overnighting babies very rarely overnighted (1–3 times a month) and that the researchers emphasized that the baby’s reactions to brief separations from the mother in the laboratory procedure were not any indication of how babies would react to overnight separations from their mothers in divorced families, we have to wonder why the woozles emanating from this study have been so persistent.

Part of the answer lies in the fact that the study has been repeatedly misreported for so many years by other social scientists—an excellent example of what Gelles (2007) called “evidence by citation.” For example, for more than a decade the authors of the Australian study (McIntosh et al., 2010) have made statements that might unwittingly lead people to believe that Solomon & George found overnighting was linked to a number of serious, negative outcomes in the babies’ day-to-day lives and in the overall quality of their relationships with their mothers. Among these statements were that the overnighting babies were more irritable and more watchful and wary of separation (McIntosh et al., 2010), had a greater propensity for anxious, unsettled behavior when reunited with the primary caregiver and a greater propensity for insecure and disorganized attachment (McIntosh, 2011b, 2011d), had more difficulties in emotional regulation (McIntosh, 2012), more developmental strain (McIntosh & Smyth, 2012), more irritability and fretful behaviors and more vigilant monitoring of the where abouts of their mother (McIntosh, 2013), and more unsettled, volatile and angry behavior and breakdown on reunion with the primary caregiver following a separation (McIntosh, 2014b).

As far back as 2003 (Martin, 2003), McIntosh was quoted in a newspaper article as having said that researchers had found that babies who live alternately with their divorced parents develop long lasting psychological problems, that those arrangements caused enduring disorganized attachment, and that as older children and adults, they have alarming levels of emotional insecurity and poor ability to regulate strong emotion. In 2003, Solomon & George were the only researchers who had conducted an attachment study with overnighting infants, so McIntosh could only have been referring to their study—a study that did not reach any of the conclusions reported in the newspaper article. Even as recently as 2013, McIntosh still held the view that:

  • “The value of this study cannot be underestimated: the first to take a deep, observational lens to examine how infants responded to mothers from whom they were frequently separated overnight. It has inspired all the studies since conducted” (McIntosh, 2013), [emphasis added – LN].

Reporting the Solomon & George data out of context or in exaggerated ways can unintentionally lead people to believe the woozle that spending even one night a month away from their mother caused the babies to become so insecure and anxious that they got upset whenever they were separated from her; had “breakdowns” when she returned; and became more fretful, angry, and irritable in their day-to-day lives. In sum, this study is an excellent example of a woozle that has been harder to catch than the weasel running around the mulberry bush.

As for the next overnighting study (Pruett et al., 2004), because the researchers did not measure attachment security or emotion regulation, this study cannot be part of a “pattern” linking overnighting to insecure attachments. Nor can this study be similar to others in finding that frequent overnighting had a more negative impact than occasional overnighting because that comparison was never made. In fact, this study cannot be similar to any study that found negative outcomes linked to overnighting because it found none. The overnighters were no different from the non-overnighters on five measures of well-being, with two exceptions. First, when the 4- to 6-year-old boys had inconsistent schedules and also had multiple caretakers, they were more anxious than the girls their age, a finding that the researchers attributed to boys having less advanced social skills than girls their age, not to overnighting. Second, overnighting appeared to benefit the 4- to 6-year-old girls because they were less withdrawn than the non-overnighting girls.

Moreover, having multiple caregivers (because they were overnighting) had no impact whatsoever on any measure of well-being for the 2- to 3-year-olds and had a positive impact on the 4- to 6-year-old girls:

  • “The worry about implementing overnights and parenting plans with multiple caretakers for infants and toddlers is misplaced” (Pruett et al., 2004, p. 55).

Despite stating their findings very clearly, their data were still cited to support the woozle that overnighting puts children at greater risk. For example, McIntosh (2013) told a seminar audience that Pruett found “having multiple caregivers was a significant problem for young children” (emphasis added) and that Pruett et al.’s findings “overlapped with” the findings from their Australian study (McIntosh, 2013)—which was not true for the 2- to 4-year-olds. The only “overlap” was that neither study found any negative outcomes linked to overnighting for the 4- and 5-year-olds.

The Australian overnighting study (McIntosh et al., 2010) also had very little in common with the other studies and did not reach similar conclusions.

First and foremost, the study did not include any measures of attachment or emotion regulation so it cannot possibly be similar to the only two studies (Solomon & George, 1999: Tornello et al., 2013) that did include those two measures. Second, four of the six measures had no established validity (Nielsen, 2014c; Warshak, 2014). Consequently, these data cannot be compared to findings from other studies because it is not clear what was actually being measured. It would also be difficult to find similarities with other studies as there was no clear or consistent relationship between the frequency of overnighting and the outcomes on most measures. For example, the babies who overnighted more than three times a month were more irritable, according to their mothers, than those who overnighted less often. But they were not less irritable than babies who never overnighted or babies who lived in intact families. The limitations of the study and the problems related to interpreting its data have been enumerated elsewhere, leaving very little interpretable data for children under the age of four to compare to the findings from other studies (Cashmore & Parkinson, 2011, 2014; Fabricius, 2014; Kelly, 2014; Lamb, 2012a; Ludolph & Dale, 2012; Nielsen, 2014a, 2014b, 2014c; Pruett et al., 2012; Warshak, 2014). In short, this study did not, as its authors have stated, “overlap with similar findings from Solomon and George and Altenhofen” (McIntosh, Smyth, & Kelaher, 2015, p. 114).

Similarly, the more recent study by Tornello et al. (2013) does not fit into a pattern of similar findings with the other overnighting studies. The Australian researchers (McIntosh et al., 2015, p. 113) were incorrect in asserting that the Tornello study was “similar to ours” and “replicated many of the Australian findings” (emphasis added). First, unlike any other overnighting study, Tornello et al.’s data came from a very distinct, atypical group of U.S. families: minority, inner-city, impoverished, poorly educated, never married parents with high rates of incarceration, mental health problems, and substance abuse—families where the mothers often had children by several different men with whom they had never even lived. Second, the study could not have much in common with the others because it used entirely different measures of children’s well-being and because it was one of only two studies (Solomon & George, 1999) that had used an attachment measure.

Whereas Solomon & George found no link between overnighting and attachment classifications, Tornello et al. did find a link between frequent overnighting and insecure attachment classifications. Because they used an attachment procedure that was not valid, however, we cannot know what was actually being measured—which means their attachment data cannot be used to make any comparison to the Solomon & George study. As for the statement that Tornello et al. replicated the Australian findings, the word replicated is generally defined as repeating a study in all its important details to establish the reliability of the initial finding. None of the overnighting studies have replicated one another. Again then, Tornello et al.’s findings did not overlap or fit into a pattern with the other overnighting studies. Given how often these five overnighting studies are misrepresented in academic journals and seminars, it is not surprising that the data are also misreported or woozled on the Internet by some social scientists. For example, a professor of human development and family studies at the University of Illinois (Hughes, 2014) wrote on his “Divorce Science” blog:

  • “There is a growing body of scientific evidence that suggests young children’s well-being may be adversely affected by frequent overnight stays. At the moment 4 out of 5 studies of this issue have found that overnights stays lead to attachment issues.”

Cherry Picking

Another common way that data can become woozled is to report only those studies or only particular findings from one study that support one particular point of view—a bias referred to as cherry picking (Johnston, 2007).

Johnston (2007) also noted another version of cherry picking: researchers acknowledging the limitations of their own study in the presence of other researchers, but minimizing or ignoring those limitations when discussing their findings with the media or with more naive audiences who do not have the expertise to recognize that they are being woozled.

One example of cherry picking occurred at a national conference for family court professionals. One panellist told the audience that the beneficial effects of shared parenting were “small” and that shared parenting plans were “less stable” (not as long lasting) than mother residence plans (Emery, 2012).

Although he might have been referring to the magnitude of the statistical difference being small, Emery (2012) cited only 1 of the 38 studies that had compared the effects of shared parenting to mother residence—36 of which showed better outcomes for the shared parenting children. He also cited only 2 of the 10 studies on the stability of shared parenting plans—8 of which showed the majority of shared parenting families were long lasting (Nielsen, 2013a, 2013b). For other examples of cherry picking in regard to the research on overnighting and shared parenting see Nielsen (2014c).

Journal or book editors can also cherry pick in what they choose to emphasize in their introductions or summaries and in which people they invite to contribute to the volume. For example, for a special issue of Family Court Review (FCR), the guest editor, Jennifer McIntosh, was criticized for having presented what many scholars considered to be a one-sided, inaccurate presentation of the research on babies’ attachments to their parents and the implications this might have for overnighting (Lamb, 2012b; Ludolph, 2012). For example, in her introductory summary article for the issue, McIntosh (2011a) presented only Schore’s opinions (Schore & McIntosh, 2011) as if they were the “generally agreed upon view” in neuroscience:

  • “From current neuroscience the dominant mother care of infants is not just sociologically informed; in normal development, the female brain is specifically equipped for the largely nonverbal, affiliative, nurturing aspects of attachment formation with an infant” (McIntosh, 2001a, p. 424).

McIntosh did not mention the views of Siegel, who in the same journal issue (Siegel & McIntosh, 2011), voiced the opposite opinion:

  • “I know people say women are more integrated because their corpus callosum is thicker. So what? That does not mean you cannot have as loving relationship as a male does with an infant. The primary caregiver is someone who is tuned in to the internal experience of the child, not just the child’s behaviour. . . . Males can do it, and females can do it. And some females cannot do it, and some males cannot do it.”

Three years later, the executive director of the Association of Family and Conciliatory Courts (AFCC), which publishes FCR, acknowledged that cherry picking had occurred: “AFCC and FCR were criticized for allowing one side of a controversial issue to be represented in FCR without counterpoint in the same issue. . . . In retrospect we would have made adjustments in order to create the best possible discussion” (Salem & Shienvold, 2014, p. 146).

Cherry picking is also evident when certain studies are all but ignored or are underemphasized in articles about overnighting. For example, the very first study (Maccoby & Mnookin, 1992) to compare overnighting to non-overnighting babies is rarely if ever mentioned in the literature. At the outset of the study, 54 of the babies under the age of three had no contact with their father, 50 had daytime contact only, and 60 had more than 25% overnight time in their father’s care.

Three years later, all but one of the children who had been overnighting before the age of three still had fathers who were fully involved in their lives. In contrast 70% of the children who had not overnighted before the age of three no longer had any contact with their fathers. Given this, the researchers concluded that overnighting might be an important incentive for keeping fathers involved in their children’s lives—a benefit that might not be immediately apparent, but would emerge as the children aged. Yet this important finding is rarely mentioned in discussions of the research on overnighting.

The question in regard to the overnighting studies is this: Why has the cherry picking favoured the negative outcomes? That is, why has the focus been mainly on the few negative findings associated with overnighting rather than on the majority of positive or neutral findings? In part this negative cherry picking might be related to another woozling process referred to as confirmation bias.

Confirmation Bias: I’ll See It When I Believe it

Woozles are more likely to thrive when they confirm beliefs that people already hold—an effect referred to as confirmation bias (Chabris & Simons, 2010). Operating with this bias, we are overly critical and dismissive of data or ideas that contradict our existing beliefs. Kagan (1998) used the term “seductive ideas” to describe beliefs that are so appealing to the general public that most people readily believe any study that supports them. As the British philosopher, scientist, and statesman Francis Bacon wrote:

“For what a man had rather were true he more readily believes,” (Bacon, 1620).

Or as a more modern idiom puts it, “I’ll see it when I believe it.” Confirmation bias might help explain why the few negative outcomes that have been linked to overnighting have received more attention than the majority of positive or neutral findings, especially in the media. Many people still believe that females are, by nature, better than males at raising, nurturing, or communicating with children—especially infants and toddlers. For those individuals, studies with any negative findings linked to the baby’s being away from the mother overnight would be more appealing and more readily accepted. In fact, however, there is no empirical evidence that human females have a maternal “instinct”—an inborn, automatic, natural, built-in set of skills that better equips them to take care of babies. A mother’s responsiveness and nurturance of a baby—just like a father’s—is largely acquired through experience, not through instinct or through some unique feature in her brain (Hardy, 2009). In fact the same areas of the brain become activated in mothers and in fathers when they are interacting with their baby or when they hear their baby cry (Atzil, Hendler, Sharon, Winetraub, & Feldman, 2012; Mascaro, Hackett, & Gouzoules, 2013; Swaim & Loberbaum, 2008).

Likewise, fathers are just as capable as mothers of matching and understanding their baby’s nonverbal signals and emotions—a skill referred to as synchronicity (Feldman, 2003). In fact, among gay male couples, the father who was doing most of the daily caregiving was better at synchronizing and understanding the baby’s signals and had more neural activity in those parts of the brain associated with nurturing behaviours (Abraham, 2014).

Then, too, both the father’s and the mother’s oxytocin levels (the amino acid associated with nurturing behaviour) increase when they are interacting with their baby, and the father’s testosterone levels (the hormone associated with aggression) decrease (Gordon, Sharon, Leckman, & Feldman, 2010; Kuo, Carp, Light, & Grewen, 2012).

Another possible reason why the few negative findings linked to overnighting attract more attention is that those particular findings confirm several of the commonly held beliefs about babies and their mothers: first, that babies are naturally more attached to their mothers than to their fathers; second, that the infant’s bond with the mother is more primary and more influential than its bond with the father; and third, that their bond will be weakened if the baby spends too much time away from the mother.

According to contemporary research, however, these beliefs are not supported by the empirical data. Babies form important attachments to both parents at around 6 months of age, and a secure bond with the father is just as beneficial and just as primary in importance. Among a few of the findings from specific studies are that infants and toddlers seek comfort equally from both parents (Bretherton, 2011); that although most 12- to –18-montholds turn first to their mothers when they are distressed, there is no overall preference for either parent (Lamb & Lewis, 2013); that fathers support children’s sense of security as much as mothers do (Freeman, Newland, & Doyl, 2011); and that the link between an insecure relationship with a parent at age 15 months and subsequent behavioural problems at age eight is just as strong for the relationship with the father as it is with the mother (Kochanska & Kim, 2012). In sum, when it comes to their susceptibility to being woozled, people will more readily believe studies that confirm their pre-existing beliefs about babies and mothers—even when those data are weak, flawed, or inconclusive.

The Experts Say: The Consensus is

Another way that data can inadvertently become woozled is to use phrases like “the experts agree” or “the consensus is” to make it appear as if there is general agreement on a particular topic in situations where there is not. Statements such as these should be documented by citing the research, otherwise the “expert” claims are not trustworthy. For example, in a widely read issue of FCR, Schore stated that babies should not spend overnight time in their father’s care after the parents separate because “The science suggests” that one parent needs to be a “constant source of nightly bedtime routines” (Schore & McIntosh, 2011, p. 508). Yet Schore did not cite a single empirical study to support his dramatic assertion.

Similarly, because consensus reports do play an important role and merit special attention, the word consensus should be used judiciously and in the proper context. For example, the AFCC sponsored a Think Tank meeting of 32 professionals in law and social science to see if they could reach any consensus about legal presumptions for shared parenting and about overnighting. The group reached no consensus.

  • “The discussion . . . stalled” (Pruett & DiFonzo, 2014, p. 163).

One year later three of the people who had attended the meeting wrote an article expressing their views on overnighting (Pruett, McIntosh, & Kelly, 2014). The authors included the phrase “a consensus view” in their subtitle, and in their abstract they alluded to the previous year’s Think Tank meeting. This might unintentionally have created the impression that their co-authored paper represented a consensus of the opinions of the Think Tank, which it did not. One of the authors also announced in a keynote address at a national conference (McIntosh, 2014a, p. 5) and in an article for the Australian Psychological Society’s magazine (McIntosh, 2014b, p. 4) that:

  • “The work of progressing toward a consensus on infant overnights was then tasked by AFCC to a trio of developmental and divorce researchers.”

Again, the words consensus and tasked by might be misunderstood to mean that AFCC or the people at the previous year’s meeting agreed with these three authors’ views on overnighting—or that AFCC had commissioned them to write an article that represented the organization’s position.

Because a paper that represents the views of a group of scholars is likely to have more influence and more credibility than a co-authored paper, the word consensus needs to be used judiciously and precisely. For example, a paper entitled “Social Science and Parenting Plans for Young Children: A Consensus Report” was endorsed by 110 scholars who all agreed on a set of recommendations and who all endorsed the review of literature on which those recommendations were based (Warshak, 014). These 110 scholars reached the consensus that regular and frequent overnights for infants and toddlers need not be postponed until the children are older. To ensure that people were not misled by the word consensus, Warshak (2014) went even further by clarifying that the paper did not represent a consensus of all scholars in regard to the topic of overnighting.

The word consensus might also lead to woozling by creating the impression that certain articles deserve special attention or are more trustworthy and credible because they represent the opinions of a group of experts, when in fact that is not the case. For example, McIntosh et al. (2015) contended that an article McIntosh wrote with Kelly and Pruett (McIntosh, Pruett, & Kelly, 2014) was commendable for representing “important elements of consensus writing” (p. 117). By their definition, any paper written by more than two people who make certain concessions to reach mutual agreements on particular issues would be deemed noteworthy as an example of “consensus” writing.

In contrast, McIntosh et al. (2015) contended the Warshak (2014) paper that was read, critiqued, and endorsed by 110 scholars was not a “consensus” paper—and was nothing more than a “petition” (McIntosh et al., 2015). In that vein, it is worth noting that in the group that endorsed the Warshak paper, there were 11 people who had held major office in professional associations, such as a former president of the American Psychological Association; 5 university vice presidents, provosts, or deans; 14 professors emeriti; 17 department chairs; 61 full professors; 16 members of the American Board of Professional Psychologists (ABBP), and eight professors with endowed chairs. Others were leading attachment researchers, the current editor of the major journal on attachment, and leading day care and early child development researchers.

Clearly then, the word consensus can be confusing. Perhaps the best way to reduce the likelihood of woozling with this word is to use it as defined by Webster’s Dictionary:

  • “a group decision making process that seeks the consent of all participants; a professionally acceptable resolution that can be supported by each individual in the group; a general agreement of a group’s solidarity” (emphasis added).

By Webster’s definition, Warshak’s (2014) paper is a consensus report, but co-authored papers are not.

Presenting Data Out of Context

Data can also become woozled when presented out of context, especially in press releases and abstracts. One way this happens is reporting the few negative findings without giving equal attention to the nonsignificant or positive findings. Another is ignoring or failing to emphasize the unique, atypical characteristics of the people in the study, which woozles people into believing that the findings are applicable to the general public, when in fact they are not. Or the data can be presented in alarming ways, when in fact the findings are not particularly unusual for the sample in the study.

The press release (Samarrai, 2013) and the abstract for the study by Tornello et al. (2013) illustrate all three of these problems. First, both focused almost exclusively on the one negative finding: 43% of the frequently overnighting infants had insecure attachment ratings versus 25% of the non-overnighters. Not mentioned was the fact that on six of the seven measures, there were no differences among the various groups of overnighters or non-overnighters.

Also not mentioned was the fact that these findings were not applicable to the vast majority of separated parents because these parents were members of racial minorities who were living in abject poverty in inner cities, with high rates of incarceration, drug and alcohol abuse, and mothers having children with several different men out of wedlock. Further, in the general population of impoverished single-parent families, 61% of the babies and 43% of the toddlers have insecure attachment ratings (Andreassen & Fletcher, 2007). Put into context, this means that the babies in the study had “normal” attachment classifications for children living in similar types of families. Finally, 26 of the 51 frequently overnighting babies assessed on the attachment measure lived primarily with their father—a highly atypical situation.

Unless we know why these babies were not living with their mothers, we cannot put these attachment data into proper context. Other examples of presenting data out of context have been discussed elsewhere in regard to the Australian overnighting study (Nielsen, 2014c; Warshak, 2014), and earlier in this article in regard to the Solomon & George (2009) study.

Invalid or Unreliable Tests and Procedures

All research studies have limitations. But as long as they are acknowledged frequently and openly whenever the data are presented, especially in media interviews, woozling is less likely to occur. One of the most serious limitations is using a scale or a procedure that has no established validity or reliability—or using a valid instrument but not following the correct procedures in administering it. More important still, data from invalid measures have to be presented as speculative at best because there is no way to determine what is actually being measured.

One example of woozles that can arise from invalid measures is the Australian study that concluded that frequent overnighting had a “deleterious impact” on children under the age of four (McIntosh et al., 2010). Based on their “visual monitoring scale,” these researchers reported that the frequently overnighting toddlers were significantly stressed, worked harder to monitor their mother’s presence, and had an “added degree of vulnerability” (McIntosh et al., 2010, p. 144). However, the three-item scale was one the researchers had created for their study without being able to establish its validity or reliability. They had merely extracted three questions from the Communication and Symbolic Behaviour Scales (CSBS), which measures children’s readiness to learn to talk (Wetherby & Prizant, 2001).

On the CSBS, frequently gazing at and trying to get the attention of the mother are positive signs that the baby is ready to learn language. The Australian researchers, though, used the three questions to measure how anxious, stressed, or vulnerable the baby felt in the mother’s presence—which they interpreted as signs of insecurity and anxiety. The findings from these three questions were widely reported from 2010 to 2014 as evidence that babies who overnighted were more stressed, more anxious, and more insecurely attached to their mothers (Nielsen, 2014). In responding to scholars who had pointed out that their scale was not valid (Nielsen, 2014c; Warshak, 2014), the authors defended it as a “utilitarian compromise” that was “theoretically derived” from attachment theory (McIntosh et al., 2015, p. 116). This position not only ignores the accepted standards in social science for using valid measures, but it is also at odds with McIntosh’s own statements in a keynote address, which she ended with her “prayer to the secular God/Goddess of Family Law”: “Give us sensitive research tools and deliver us from shallow methodologies” (McIntosh, 2012b).

Similarly Tornello et al. (2013) relied on an invalid procedure for measuring attachment. Although they acknowledged this problem, they presented the attachment findings as if they were extremely important – especially in the press release and in the abstract of their paper. They diminished the importance of this serious limitation by stating that the scale “can be called into question. . . “can perhaps fail to detect true effects,” and might “perhaps be potentially biased” (emphasis added, p. 883). In fact, however, data from invalid procedures are definitely “in question” because it is not clear what has been measured. If Tornello and her colleagues had emphasized this problem and then presented their attachment data more tentatively, perhaps their findings would not have become woozled to the extent they were in the media, as we will soon see.

Overstating the Practical Significance of Data: Making Mountains Out of Mole Hills

Another way that woozles can arise is overstating the practical significance of the findings, especially when the scores are within normal range for that particular population. There might be a statistical difference on a measure between the groups in the study, but the practical significance of that difference is relatively minor. Similarly, the findings might be presented as if they have a considerable impact on people in real-life situations, when there is little to no evidence that the factor has much impact at all.

For example, in the Australian overnighting study (McIntosh et al., 2010) the researchers and the journalists reported that the toddlers who frequently overnighted “showed severely distressed behaviors in their relationship with their primary parent” (Nielsen, 2014c, p. 9). These behaviors included biting, kicking, and hitting their mother; refusing to eat and gagging on food; and clinging to her when she tried to leave. As alarming as this sounds, half of the 4,400 mothers in the Australian national survey from which the sample was drawn reported that their toddlers engaged in this relatively normal toddler behavior (Smart, 2010). More recently a Norwegian study with 1,159 toddlers also found that this kind of behavior is fairly frequent for 1- to 2-year-olds, and that it decreases by age 3 (Naerde, Ogden, Janson, & Zachrisson, 2014).

In other words, the Australian researchers were overstating the significance of these kinds of fairly common toddler behavior by interpreting them as signs of “severe distress” that they attributed to overnighting. Overstating the data’s practical significance is especially common in studies that include attachment measures. Except for those social scientists who know what the term insecure attachment means, many people are likely to believe insecure attachment means the baby is not closely bonded to the mother or that their relationship is weak, unloving, or unhealthy.

In fact, however, insecure attachment means none of these things. First, as Waters and McIntosh (2011), who created one of the most widely used attachment measures, explained, “There is no way of measuring the strength of attachment” (p. 476). Attachment procedures merely assess how infants and toddlers react when stressed by the presence of a stranger or by new or challenging situations, which parent they seek out first for play or for comfort, and how confident they feel about exploring their surroundings (Newland, Freeman, & Coyle, 2011).

Second, there is not a strong, consistent link between a baby’s attachment classification and his or her future behavior or relationships with peers, romantic partners, or parents (Ludolph & Dale, 2012). In other words, babies’ attachment classifications do not reliably predict future outcomes. In contrast, a baby’s having a loving, attentive, responsive relationship with both parents is linked to better outcomes later in the child’s life. Again, though, this is not what attachment measures are assessing. Third, a baby who is classified as having a secure attachment does not necessarily have a loving, healthy relationship with the mother.

For example, babies with abusive or neglectful parents and babies who are overly dependent on their mothers can still be classified as securely attached (Zeanah & Emde, 1994). Fourth, in U.S. research studies only about 60% of the children are classified as securely attached (Rutter, 1997). But this does not mean that the 40% with insecure classifications have troubled, unloving, or weak relationships with their mothers. Finally, attachment measures are not designed to assess how children will adapt to overnighting after their parents separate or to assess which parent is better at taking care of the child.

For all of these reasons, the practical significance of a baby’s attachment classification is of limited value in regard to custody issues. Unfortunately there are judges and family court professionals who are misled or confused by the terms attachment and bonding (Arredondo & Edwards, 2000).

Developmental psychologist Jane Mercer (2011) compared people’s fears about babies becoming insecurely attached to the fears of the heffalump in Winnie the Pooh. Pooh’s friends were afraid of an unidentified creature they called a heffalump. As it turned out, the feared heffalump was nothing more than poor old Pooh stumbling around with his head stuck in a honey pot. In regard to babies’ overnighting after the parents separate, Mercer (2014) wrote,

  • “My bet is that the heffalumps have been romping with the woozles to create an unnecessarily increased tension about attachment.”

In sum, we need to keep in mind that statistically significant findings on attachment measures might be of little practical significance in real-life situations.

Small Studies with Big Databases

Woozling can also occur when people are misled to believe that a study included far more people than it actually did. If the size of the database is emphasized – especially in press releases, abstracts, or keynote addresses – people can easily get the impression that there were large numbers of people in the actual study, which makes the findings seem more important or more credible. For example, McIntosh (2012b, p. 4) told an audience at a national conference that “our study explored a large randomly selected general population data set which amounts to 10,000 children.” What was not mentioned was that there were as few as 14 children in some groups in the study and that small sample sizes were a major limitation of their study. Likewise, Tornello was quoted in the widely disseminated press release (Samarrai, 2013) as saying that their study “analyzed data” from “a national longitudinal study of about 5,000 children.”

What was not stated was that the numbers were much smaller in the actual study, especially on the attachment measure—the one finding that was most widely reported in the media. In fact, the findings on insecure attachments and frequent  overnighting were based on data from only 55 frequently overnighting babies—a far cry from 5,000 children. To show how distorted data can become, one journalist reported that: “The University of Virginia study assessed the attachment of 5,000 young children” (Rowlands, 2013, emphasis added). In sum, the likelihood of woozling is reduced if social scientists and journalists emphasize or only report the actual numbers of people in the study.

Misleading Titles, Abstracts, and Press Releases

Abstracts and press releases can also accidentally contribute to the woozling of a study’s findings. Busy professionals and journalists are apt to read only the initial press release announcing the results of the study. It is often only the abstract of a paper that is picked up by search engines and provided for free on a journal’s Web site, as opposed to the entire article that must be purchased. This places a special burden of responsibility on the researcher to provide a balanced press release and abstract, summarizing the major findings and specifying the unique characteristics of the sample.

One illustration of this was the study by Tornello et al. (2013). The university’s press release (Samarrai, 2013) began with the alarming title “Overnights Away from Home Affect Children’s Attachments,” and then reported that “infants who spent at least one night per week away from their mothers had more insecure attachments to the mother compared to babies who had fewer overnights or saw their fathers only during the day.”

The most alarming statement, which ended up in dozens of newspapers worldwide, was that: “43% of babies with weekly overnights were insecurely attached to their mothers versus 16% with less frequent overnights.”  Further, Tornello was quoted as saying that the study could be used by judges:

  • ” . . . .to help decide whether babies are better off spending overnights with a single caregiver” (emphasis added).

Keep in mind that attachment measures do not assess how securely attached babies are to their mothers and are not designed to be used in making custody decisions about overnighting.

The press release might also have inadvertently contributed to woozling by not mentioning six important facts and findings. First and foremost, there were no significant links between overnighting and six of the seven measures of children’s well-being. Given this, a more accurate title for the press release and ensuing media reports would have been “Overnighting Makes Very Little Difference.Second, these findings were not applicable to the vast majority of separated or divorced parents given the unique characteristics of the sample. Third, the most frequently overnighting 3-year-olds were better behaved at age five. Fourth, attachment measures do not assess how securely bonded babies are to their mothers. Fifth, the 55 frequently overnighting babies’ attachment scores were well within normal range for children from poor, single-parent families (Andreassen & Fletcher, 2007). Sixth, the attachment measure used in this study was not a valid one, meaning that we do not know what these data mean. The press release also stated that the second author, Robert Emery, who was Tornello’s thesis advisor;

  • “advocates parenting plans where day contact with fathers occurs frequently and overnights away from the primary caregiver are minimized in the early years” (Samarrai, 2013).

Long before conducting this study, Emery held the view that overnighting should be restricted for the first 3 years of a child’s life:

  • “Secondary attachment figures (fathers) can have frequent but relatively brief contacts with their baby during the first year of life, but the contact can become longer and more frequent as babies become toddlers” (Emery, 2011, emphasis added).

Further, Emery believes it is sufficient for the father’s brief daytime visits to take place at his child’s day care center or in the mother’s home (Emery, 2004, p. 180). To reduce the potential for woozling, regardless of their own opinions on issues related to their study, researchers should strive to avoid making recommendations for the general public if their study is based on a sample that is not representative of the general population. In sum, the Tornello et al. (2013) study illustrates several of the pitfalls that the AFCC Think Tank warned against—pitfalls that contribute to the creation of woozles. First, one finding from a study should not be given disproportionate attention.

Second, one negative outcome should not be presented without presenting the other nonsignificant findings that are equally revealing. Third, when the scores fall within the normal range for that particular population, the differences should be interpreted as less relevant for making recommendations about child custody or parenting plans (Pruett & DiFonzo, 2014).

Woozling in the Media

Data can also be misrepresented in the media, becoming increasingly woozled as the story travels around the world. This might happen when researchers present their findings directly to the media and use dramatic stories to make their data more memorable (Park, 2003). There are a number of reasons why some social scientists are more likely than others to woozle their data—or why some studies are more susceptible to woozling regardless of the researchers’ best efforts to prevent it (Thompson & Nelson, 2001).

First, some social scientists benefit from media attention because it provides public and professional recognition, which, in turn, can increase their incomes. For example, if the researchers are generating income from counseling services, speaking engagements, or seminars that are largely dependent on their own study’s findings, they might be more inclined to exaggerate or to overreach their data to boost people’s desire for their “product.”

Second, social science appears to be easier to understand than disciplines like neurology or physics. Given this, reporters might not ask social scientists the kinds of probing questions that would reduce the odds of the data becoming woozled. Third, it is easy to frame social science data in ways that relate to public concerns, even if the studies were not designed to address those particular issues. In these situations the media can more easily spin the data in ways that support a particular position or policy. Then, too, confirmation bias can affect the way journalists report the findings. For example, reporters’ own feelings about overnighting can influence the kinds of questions they ask and which researchers they choose to interview. Given the media’s influence, it is incumbent on social scientists to inform the media when their own data or when other scientists’ data have been inaccurately reported, overstated, or distorted. The more media coverage a study receives, the more potential impact it has on public opinion or policy. So these studies should be even more carefully scrutinized by researchers who want to protect the public from woozles.

One recent example of how the media contribute to woozling is the study by Tornello et al. (2013). As already explained, the initial press release and the abstract focused primarily on the one negative finding about insecure attachments. Not surprisingly then, the study was soon being woozled internationally under alarming headlines such as these: “Overnight Separation Linked to Weaker Bond” (Preidt, 2013), “Babies Who Spent More Than One Night Away from Mother Are More Insecure” (Furness, 2013), “Nights Away from Mum Leave Babies Less Secure: New Findings Could Affect Custody Rulings for Young Children” (Nights away, 2013), “Divorce Study Shows Infants’ Attachment to Caregivers Affected by Joint Custody” (Divorce study, 2013). Woozling the data even further, one journalist wrote,

  • “A new study suggests parents make or break their child’s ability to form healthy relationships for life before the baby’s first birthday. When babies spend even one night away from their primary caregivers in that first year those babies may be in for tough times building relationships as adults” (Hallas, 2013).

Similar stories appeared in India ( Spending Nights Away from Home Affects Baby’s Attachment, 2013) and Australia (Infants Who Overnight, 2013), as well as on a medical news Web site (Scutti, 2013), a law firm’s Web site (Kenny, 2013), and Psyche Central’s Web site (Wood, 2013). More noteworthy still, the British Psychological Society (2013) reported the study on their Web site under the headline, “Staying Away Affects a Baby’s Attachment.”

These alarming and distorted media reports were reminiscent of what had happened only a few years earlier with the Australian overnighting study (McIntosh et al., 2010) whose findings had been woozled worldwide in the media since 2010 (Nielsen, 2014c). In the case of both studies, shortly after their release, the woozles started running around the mulberry bush, popping up in various forms in the media around the world.

In the wake of the media woozling of the Tornello et al. (2013) study, another researcher (Sokol, 2014) reanalyzed their data. Sokol correlated each child’s attachment rating with the actual number of nights each child spent in the father’s care, instead of separating the children into groups before analyzing the data as Tornello et al. had done. Sokol found no significant correlation between the number of overnights and the children’s attachment scores. Sokol’s study, however, has not yet made its way into the media – and has not been able to catch the woozles emanating from the Tornello et al. study.

Issuing Warnings with Ambiguous Terms

Data can also become distorted into woozles when researchers use ambiguous terms when they issue warnings based on their research. As a hypothetical example, assume that a research team repeatedly states in media interviews and in their academic papers that the babies and toddlers in their study who “frequently” ate food containing peanuts were more irritable, anxious, unmanageable, and insecure than the babies who ate peanut products “less frequently,” “rarely,” or “occasionally.”

They reassuringly report, though, that the children who were older than four had no adverse reactions to frequently eating peanut products. Unless the researchers make it abundantly, emphatically, and repeatedly clear from the outset that they are not recommending that children under four should never eat peanut products, the study runs the risk of being taken to mean,: “Never feed children any peanut products until they are at least 4 years old.” It is highly unlikely that most people would assume it was a good idea to occasionally feed babies and toddlers peanut products – unless the researchers repeatedly and emphatically publicized that fact. Especially if the study is repeatedly represented in the media with frightening headlines like “Babies Struggle After Eating Too Many Peanut Products,” an anti-peanut-eating woozle is almost inevitable.

In fact, this hypothetical example is not so hypothetical after all. Until 2000 the American Academy of Paediatrics had recommended withholding food containing peanuts until children were 3 years old. In 2008 they revised that position and said there was no conclusive evidence on the topic. Not surprisingly, most parents were still hesitant to feed their very young children any food containing peanut products. Meanwhile children’s peanut allergies continued to increase in the United States and Britain, while they remained low in Israel where most babies routinely ate peanut products. Finally, in 2014 British researchers conducted a study where one group of babies at high risk of developing peanut allergies were given foods containing peanut product until they were 5 years old. The other high-risk group was denied peanut products. At the age of five, the peanut-eating children had significantly fewer peanut allergies (DuToit et al., 2015).

The point is that responsible researchers should take extra precautions to clarify their findings when they are issuing warnings, especially when using ambiguous words like occasional or frequent. For example, in the Australian study (McIntosh et al., 2010), one group of babies had “regular” and “frequent” overnights. People might assume that regular meant at least weekly and that frequent meant far more than one overnight a week. In fact, however, regular and frequent merely meant overnighting more than three nights a month—not necessarily weekly or on any regular basis. Similarly when researchers issue warnings with phrases like “contra-indicated,” “caution against,” “generally best avoided,” or “only when necessary,” people are likely to understand this to mean: Do not ever do this. Researchers might be perceived as disingenuous or dissembling if they claim at some later point that they never imagined that their warnings could possibly be construed as a “never do this” message. It might be true that, when the researchers issued their warnings, they briefly mentioned that there might be “exceptions” or that their warnings might not apply in “all” cases. As in the peanut warnings, though, most people respond to warnings or contra-indications as if these are rules that apply in all cases.

One example of this is the Australian study (McIntosh et al., 2010) that was widely interpreted as a warning against overnighting under the age of four (Nielsen, 2014c). Over a period of years, having made such statements as “in early infancy overnight stays are contra-indicated, undertaken when necessary or helpful to the primary caregiver” (McIntosh, 2011d, p. 4), the lead author was often perceived and often reported in the media as being opposed to overnighting. For more than half a decade the “anti-overnighting” woozles emanating from this study circulated worldwide in the media and in the academic community (Nielsen, 2014c). Four years after the study’s release, two academic papers (Nielsen, 2014c; Warshak, 2014) pointed out the woozling and the limitations of the study, followed by an article in a major Australian newspaper (Arndt, 2014). It was at that point that McIntosh posted a statement on her counselling centre’s Web site (McIntosh, 2014d) and co-authored an article (McIntosh et al., 2014) in which she stated that she had never recommended that very young children should “never” overnight.

Suggesting Statistically Significant Findings Where None Exist

Data are also more easily woozled when the findings are worded as if they are statistically significant, when in fact they are not. For example, in studies where there are no statistically significant differences, people might report the findings with misleading phrases like “greater propensity for,” “some evidence of,” “difference in the expected direction,” “indicative of,” or “more likely to.” For example, in regard to the Solomon and George (1999) study, it would not be lying to say that “more” of the babies who overnighted had disorganized and insecure attachments than babies who did not overnight.

Lying, no; but woozling, yes, because the difference was not statistically significant. Given this, it can mislead people to report that the overnighting babies had “a greater propensity for insecure and disorganized attachments (McIntosh, 2011a, 2011b, emphasis added). In social science research, the

differences between the groups or the correlations between the factors either are or are not statistically significant. Given this, people can be led astray when researchers report that their study found “evidence of more problematic behaviours . . . and a trend with respect to the rare overnights group” when there were no statistically significant differences between these groups (McIntosh, Smyth, Kelaher, & Wells, 2011, emphasis added). Likewise, it is fertile ground for woozles when researchers state that several studies “show some evidence of increased insecurity among very young children who have frequent overnights” (Tornello et al., 2013, p. 883, emphasis added) when the studies they have cited either found no statistically significant differences or had no measures of insecurity at all.

Compelling Anecdotes, Analogies, and Credentials

How the research is presented can also contribute to the eventual woozling of the data. For example, when the findings are presented along with anecdotal stories, emotionally laden photographs, or case studies, we are more likely to remember, to repeat, and to believe them. These techniques are beneficial when used to make a presentation more entertaining. However, anecdotal stories or case studies can contribute to woozling if they are exaggerations or anomalies that might incline people to adopt a view that is not supported by the empirical data (Best, 2001). By arousing people’s emotions, these techniques increase the odds that the data will be more widely disseminated and, in too many cases, more widely woozled (Kahneman, 2011; Stanovich, 2003).

Several of these emotionally charged approaches can be found in presentations of the research on shared parenting and overnighting – approaches that might contribute to people’s receptivity to woozled data.

For example, at a national conference a speaker who was making an argument against shared parenting (Emery, 2012) compared these children to the baby who was almost chopped in half in the biblical story about King Solomon. On his slide entitled “Solomon’s Sword” were the Bible passages from the King Solomon story. The analogy, of course, is that those separated parents who want to continue living with their children at least a 35% of the time are “sacrificing” them to meet their own selfish needs. Metaphorically, these unloving parents are willing to “chop the children in half,” just like the selfish mother who stole another woman’s newborn and was willing to let King Solomon slice the baby in half rather than returning it to its real mother. The message is far from subtle: Unless both parents agree to share, if you love your children, you will not ask for—or go to court for—a shared parenting plan where your children will be “split in half” by living in two homes.

Woozles might also gain support when social scientists tell anecdotal stories or present dramatic case studies without presenting any empirical data. For instance, in its national newsletter, the AFCC published a story by McIntosh (2010, p. 6) whose own overnighting study had been widely interpreted as a warning against overnighting (Nielsen, 2014c). According to McIntosh’s story, she had missed her flight and found herself in a New York City train station where a “distraught” teenage mother asked to use her cell phone to call her mother for help. The teenager was trying to get her baby back from its father, a “smooth talker with drug friends who can hurt her.”

When the baby was only 8 weeks old, a judge had allegedly ordered that the child spend alternating weeks with each parent. “Between sobs” the teenager confided in McIntosh: “I moved up here from the south so his dad could see him more. The court said I got to.” So now the teenage mother was living alone in New York, working and going to school, and taking three trains to transport the baby for the week-long stays with the father.

After buying the teenage mother a cup of coffee and making sure she got on her train, McIntosh “started dreaming about a family court system . . . with rulings that prioritized adequate care-giving experiences for babies.”

Although emotionally engaging, such anecdotal stories might inadvertently incline people to be more receptive to ideas that are not grounded in the research—in this case, to the idea that most judges are inclined to grant 50/50 physical custody even when the mother is a teenager and the baby is only 8 weeks old.

As cognitive psychologists have also demonstrated, we are more likely to be woozled by data that are presented by a confident or a well-known person (Chabris & Simons, 2010) or by a person who has important sounding titles and prestigious affiliations (Johnston, 2007). For example, when people refer to themselves as professors or fellows or list university affiliations next to their names, others are likely to assume that they hold a full-time faculty position or have been awarded a prestigious research fellowship.

In some cases, however, this is an exaggeration of the actual status or nature of their affiliations. Inflating their credentials in these ways decreases the chances that other people will challenge their ideas or question their research—which, in turn, makes it easier for woozles to arise.

Going Beyond Limited Data to Suggest Policy or Offer Recommendations

Another aspect of woozling is making policy recommendations or issuing guidelines for the general public by relying on only a few studies and ignoring the vast body of research relevant to the issue. For example, McIntosh (2011c), in the section of her paper, “Implications for Parents, Practice and Policy,” recommended that “In early infancy overnight stays are contra-indicated, undertaken when necessary of helpful to the primary caregiver and when the second parent is already an established source of comfort and security for the infant” (p. 4). At the time, there were only four overnighting studies, three of which had not attributed any negative outcomes to overnighting (Maccoby & Mnookin, 1992; Pruett, Ebling & Insabella, 2004; Solomon & George, 1999) and one (McIntosh et al., 2010) that provided only limited evidence of negative outcomes for the overnighting children. More important, there were more than four decades of research directly relevant to the topic of overnighting that McIntosh’s policy statement ignored. That body of research;

  • “. . . . provides a growing and sophisticated fund of knowledge about the needs of young children, the circumstances that best promote their optimal development and the individual difference among children regarding their adaptability to different circumstances, stress and change” (Warshak, 2014, p. 46).

Since 2010 the Australian overnighting study, to the exclusion of the findings from the other overnighting studies, has often been cited in support of the position that overnighting is harmful to very young children (Nielsen, 2014c). For example, the Australian Attorney General cited the study as part of the “strong evidence base” for his proposed amendment to revoke the 2006 Family Law Act—a law that was more favourable toward shared parenting (Jackman, 2010). Likewise, a paper by McIntosh (2011b) was the only one cited as the “background paper” for the Australian Association for Infant Mental Health (2011) guidelines: “Prior to the age of two years, overnight time away from the primary caregiver should be avoided, unless necessary” (p. 1). On the basis of the Australian study, eight British professors and directors of eight British organizations wrote a letter to the Minister of Education requesting that proposed changes to the custody laws not be enacted (Hamilton, 2012).

More recently still, the Chair of the Child Psychiatry Department at St. Etienne’s Children’s Hospital wrote an article in France’s largest newspaper stating that he and 4,800 other professionals had signed a petition opposing any court-ordered shared parenting when children were under the age of six, citing only the Australian overnighting study as their evidence (Berger, 2014). [emphasis added – RW ]. For more examples of the worldwide impact of this one study see Nielsen (2014c).

In regard to the potential for woozling, the point is that policy recommendations and organizations’ guidelines should not be issued on the basis of only a few studies—and certainly not on the basis of any one study.

How to Discourage Woozling

One of the most effective ways to prevent data from being woozled or to counteract woozles is to encourage scholarly debate. In a scholarly environment, debates, critiques, and differences of opinion are encouraged and welcomed – and willingly shared with the media when the issues involve matters of public concern. Social scientists contribute to this scholarly approach by welcoming critiques of their work and by encouraging expressions of differences. Conversely, they discourage this academic or “anti-woozling” environment by chastising those who disagree with them for creating dissent or for being troublemakers and by reacting to critiques and debates as if they were personal insults or personal rebukes.

For example, referring to the fact that 32 scholars were unable to reach any consensus on certain issues related to shared parenting, the co-editors of the FCR journal affirmed that “Despite our preference for cooperative dispute resolution, we embrace conflict in the development of public policy. . . . Honest, direct, respectful disagreement moves us forward, not backward” (Emery & Schepard, 2014, p. 143). Or as Kuhn (1962) explained, for science to advance, some individuals have to be bolder than their colleagues in challenging the existing views.

So how do social scientists either encourage or discourage woozling by the way they react to criticisms of their work? One of the least sophisticated and most obvious tactics is to attack the people who are criticizing your work, rather than address their arguments—a defensive reaction known as making an ad hominem (Latin for “to the man”) argument. For example, you might accuse other scholars of being part of some secret conspiracy or a tangled web deliberately working to sully your reputation (Park, 2000).

Or you might imply that your critics have ulterior motives for criticizing your work—for example, accusing them of being fathers’ rights advocates (Johnston, 2007). You can also make personally insulting, belittling comments about your perceived “enemies.” Similarly, you can conjure up a “straw man” argument—caricaturing and exaggerating your opponent’s position. An even more aggressive approach is to attack the integrity of other scholars, accusing them of being impassioned, biased zealots with hidden agendas and nefarious motives. More combative still, you might hire a lawyer and literally threaten to sue journalists, editors, authors, or organizations who have published articles that are critical of your work.

In this defensive and deprecating context, words like advocate and impassioned are meant to insinuate that people who express a different view from one’s own are so biased and so blinded by their emotions that they deliberately misreport data to buttress their preconceived beliefs or positions. Their intense emotions override their ability or their willingness to think rationally or objectively about the topic at hand. In contrast, when these words are not being used to silence or to belittle others, an advocate is merely someone who upholds, supports, backs, proposes, or endorses a particular position. In accusing others of being biased, impassioned advocates, the underlying presumption, of course, is that one’s own work and opinions are objective and bias-free. In short, others are woozling the data, but you yourself are not. Sociologist Joel Best (2001, 2008, 2013) has written extensively about the fact that all researchers have certain biases.

Cognitive psychologists have also repeatedly documented that our pre-existing beliefs and our experiences influence our thinking processes, rendering all of us “biased” in that sense (Chabris & Simons, 2010).

One illustration of reactions that might unintentionally discourage a scholarly and welcomed exchange of ideas are the responses of the Australian researchers (McIntosh et al., 2010) to scholars who have criticized their study or have pointed out how their data have been woozled.

In a keynote address at a national conference, McIntosh (2014a) began by making disparaging remarks about two of the scholars who had critiqued her study (Nielsen, 2014c; Warshak, 2014). McIntosh (2014a) told the audience that Nielsen and Warshak were waging a “war” against her: “Sadly the use of the word war is no exaggeration. . . . For good measure, let’s add a few more adjectives: dull, unnecessary, divisive and retrograde” (p. 1). McIntosh went on to disclose that another social scientist who shared her low opinion of the Warshak paper had written a letter of complaint to the editor of the journal that had published the paper and to the American Psychological Association, which publishes the journal: “Professor Robert Emery describes the Warshak piece as ‘shoddy scholarship’ . . . ‘undeserving of time and attention’” (p. 2).

If what McIntosh reported about Emery’s conduct was correct, it can be contrasted with what he had written previously as the co-editor of FCR: “Honest, direct, respectful disagreement moves us forward, not backward” (Emery & Schepard, 2014, p. 143). McIntosh then posted her keynote speech on her Web site (www.familytransitions.com.au). The Warshak paper that McIntosh and, according to her, Emery had so harshly denounced was endorsed by 110 prominent, international experts who agreed that the available research supports the recommendation that regular and frequent overnights for infants and toddlers need not be postponed—a recommendation that ran counter to both McIntosh’s and Emery’s opinions and counter to the way they had interpreted data from their own overnighting studies (McIntosh et al., 2010; Tornello et al., 2013). While telling the audience that the Warshak paper had an “attacking tone” and provided “an unbalanced literature review” (p. 2), McIntosh described her own work as providing “a thorough review” (p. 5) of the research (McIntosh, 2014a)—reiterating her previous statements that she, unlike other scholars including the 110 who endorsed Warshak’s paper, provides a “clear and balanced view” of the overnighting studies (McIntosh, 2014b). The statements in the keynote address echoed her earlier comments in a major Australian newspaper article, in which she was quoted as accusing Warshak and Nielsen of being “impassioned advocates who have sought to discredit me . . . to further political agendas” (Arndt, 2014).

These reactions to the Nielsen and Warshak critiques were reminiscent of the way the Australian researchers had castigated two other scholars who had written a negative critique of their study (Cashmore & Parkinson, 2011).

In their rebuttal paper Smyth, McIntosh, and Kelaher (2011) reprimanded Cashmore and Parkinson for giving “intense scrutiny” and “highly critical treatment” (p. 269) to their study, for making a “deliberate a priori analytic decision” (p. 265, emphasis added) and for “casting a shadow of doubt” over their study’s “value” (p. 269). In response, Parkinson and Cashmore (2011) pointed out that only a small portion of their article had been devoted to the McIntosh et al. study and characterized the reactions as “ruffled feathers.” Similarly, after Lamb had written about the weaknesses of their study,

McIntosh’s response (2012c) might be construed, correctly or incorrectly, as her implying that Lamb had ulterior motives: “For reasons unclear, Lamb’s account contains many and significant factual errors which may mislead the reader” (p. 499, emphasis added). These reactions to other scholars seem out of sync with their espoused belief that “It is fundamental to the scientific method and to the development of evidence based policy and practice that ideas emanating from all studies are scrutinized and subjected to robust debate(McIntosh et al., 2015, p. 112). Nor do these reactions to their study’s critics square with McIntosh’s responses when her own work as guest editor of a controversial issue of FCR was criticized for being biased and unbalanced.

In that situation, she praised the journal for its “willingness to uphold the legitimacy of academic debate and to source different points of view on complex issues” (McIntosh, 2012c, p. 212).

In sum, woozles tend to scurry back into their holes when scholars’ debates and critiques of one another’s work are forceful, but tactful; blunt, but not belittling; critical, but not insulting; and—in situations where the same woozled data keep doggedly resurfacing year after year—relentless, but not malicious.

Catching the Woozles: Ethical Responsibilities

A lie will go around the world, while the truth is still pulling its boots on, “Mark Twain supposedly wrote in the early 1900s (Shapiro, 2006). In 1710, satirist Jonathan Swift expressed the same thought: “Falsehood flies, and the truth comes limping after it” (Shapiro, 2006). By whatever means data from certain studies become distorted into woozles, social scientists are ethically obligated to try to correct the misinformation and to do so as quickly and as diligently as possible, regardless of whether the data came from their own studies or from someone else’s.

Professional organizations have made it abundantly clear that social scientists are obliged to try to prevent their data from being misunderstood or misused – in short, to prevent woozling. For example, the Australian Psychological Society (2010) puts this responsibility squarely on the researchers’ shoulders:

  • “Psychologists take reasonable steps to correct any misrepresentation made by them or about them in their professional capacity within a reasonable time after becoming aware of the misrepresentation. Statements made by psychologists in announcing or advertising the availability of psychological services, products or publications must not contain any statement which is false, fraudulent, misleading or deceptive or likely to mislead or deceive” (p. 26).

Likewise, the American Psychological Association (2013) states that “forensic practitioners do not, either by commission or omission, participate in misrepresentation of their evidence nor participate in partisan attempts to avoid, deny or subvert the presentation of evidence contrary to their own position or opinion” (p. 16, emphasis added).

Social scientists do not all respond in similar ways, of course, when data from their study or from others’ studies are being woozled. For example, in response to two papers that had documented the extensive woozling and misuse of their study over a period of years (Nielsen, 2014c; Warshak, 2014), McIntosh et al. (2015) still felt that the “evidence” that their study had any impact whatsoever “is not strong” (p. 116). They also felt that the “suggestion” that their study had ever been linked with efforts to discourage overnights was nothing more than a “notion” (p. 114). Further they stated that “if” their study had any negative impact on fathers’ overnight time with their children since 2010, a newspaper article written by Arndt (2014) that discussed the Warshak (2014) consensus paper might be responsible:

  • “Media coverage of the Warshak article in Australia may have contributed to the disenfranchisement of fathers seeking shared-time arrangements with statements echoing the Warshak misrepresentation of our study” (McIntosh et al., 2015, p. 112).

After the Warshak and Nielsen articles were published in 2014, followed by Arndt’s (2014) newspaper article, McIntosh co-authored an academic article (McIntosh et al., 2014) and posted a statement on her Web site stating (McIntosh, 2014d) that their study was never meant as a warning against “all” overnighting—only against “frequent” overnighting (which in their study meant any more than three overnights a month for babies).

Further these Australian researchers stated, “While researchers have limited – if any—ability to control who uses their research and how their research is reported by others, our research team has exercised due diligence in informing others when we have felt that statements made by them misrepresent or overstate the findings of our research” (McIntosh et al., 2015, p. 116, (emphasis added). Metaphorically, they believed they had done a commendable job trying to catch the woozles emanating from their study.

Other scholars have responded quickly and assertively as soon as they become aware that data are being woozled and misused to make recommendations related to child custody issues. One example is Professor Patrick Parkinson at Sydney University’s School of Law (Parkinson, 2012).

In 2011 the British Parliament received a report from the Norgrove Committee that recommended against revising custody laws to be more favourable toward shared parenting (Norgrove, 2011). The Norgrove Committee had relied largely on two Australian studies (Kaspiew et al., 2009; McIntosh et al., 2010). Within a year of the Norgrove report’s release, Parkinson had published a paper in which he meticulously documented the many errors in the Norgrove paper—errors that could easily have become woozles if Parkinson had remained silent or had waited several years to write the paper. Two of the woozles that he swiftly and assertively dismantled were that, as a result of the 2006 Custody Reforms in Australia, the rates of litigation in court had increased and more judges were making shared care orders in cases where there was a history of violence in the family. As Parkinson wrote,

  • “It is at this point that I really start to hear warning bells ringing. The picture painted in the report states that the presumption has led to upholding of father’s rights over children’s needs and mothers being unable to disclose violence and abuse. This is disingenuous to say the least and to my mind, illuminates the agenda behind the research itself” (Parkinson, 2012, p. 5).

In the end, the British Parliament was not swayed by the Norgrove report. Parkinson had succeeded in catching the woozles. Another example of being a responsible “woozle catcher” is provided by Marsha Pruett, who had conducted one of the overnighting studies (Pruett et al., 2004). Referring to the fact that other researchers had been woozling their study by claiming that it reached similar conclusions to the studies by McIntosh et al. (2010) and Solomon and George (1999), Pruett confronted the woozle in FCR:

  • “Comparisons of these studies have led to distorted conclusions that result from faulty assumptions made that these studies look at similar outcome measures in similar ways, which they do not. . . Responsible scholarship acknowledges and elaborates on these differences so that they are clearly articulated” (Pruett & DiFonzo, 2014, p. 165).

Pruett also presented a workshop at a national conference on the topic of misrepresenting the research on child custody and parenting plans. Robert Emery, second author of the Tornello overnighting study (Tornello et al., 2013), presented the workshop with her (Emery & Pruett, 2015). Neither of them made any mention of how their own studies had been woozled and misused as evidence against overnighting. The most impressive example of scholars shouldering the responsibility of trying to “catch” woozles related to overnighting is the Warshak (2014) consensus paper endorsed by 110 international scholars. These scholars were trying to corral two woozles that had re-emerged in recent years: first, that overnighting should be delayed until children are older than four and, second, that babies should not spend more than three nights a month in their father’s care. These scholars debunked these two woozles with a large body of empirical research on infants’ attachments to their parents, the impact of babies being separated from their mothers in day care centres, the importance of fathers in the earliest years of childhood, and the findings of the overnighting studies. Their consensus was that there was no reason to postpone frequent and regular overnights for infants and toddlers. In terms of scholars working together to reach a consensus by debunking many of the woozles that had arisen in regard to overnighting, this paper exemplifies consensus building and “woozle catching” at its best.

CONCLUSION

In closing, several points are worth reiterating. First, woozling the data from research studies occurs in all fields of science, not just in social science and not just in those studies related to overnighting for infants and toddlers whose parents have separated. Second, no single person, no one event, or no one study can be held responsible for the creation or the promotion of a woozle. A constellation of factors, including the media and advocacy groups, carry the woozle along its path. Third, although some social scientists or journalists contribute more than others to the woozling of data from particular studies or on particular topics, their behaviour is not necessarily intentional or self-serving. Some people who contribute to woozling the data are as naive and unaware as Winnie the Pooh who duped himself into believing he was being followed by the dangerous woozle. Finally, social scientists and family court professionals whose work involves child custody issues should be on the alert for woozles by becoming familiar with the various woozling techniques that too often lead us astray.

More important still, we should be persistent in chasing the child custody woozles around the mulberry bush until we catch them—or at the very least, until we force them to scurry back into their holes. To do otherwise is to do a grave disservice to the millions of children whose lives are affected by child custody decisions and parenting plans that are based on distorted, inaccurate, woozled data.

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Policy or performance – Sark must chose

An open letter

January 2016 saw the Parliament of the tiny British island of Sark, off the French coast [Pop. approx. 600], discuss and vote on a new Children’s law. What is remarkable about this is that the island had not changed its legislation since the days of ‘Good Queen Bess’, i.e. Elizabeth 1 (1533 – 1603), in the early 17th century.

The population of all the Channel Islands is approx. 160,000, made up principally of: Jersey; Guernsey; Sark; Alderney; Brecqhou; Jethou; Chausey; Lihou; and Herm (some are uninhabited).

The all women committee in charge of the changes in Sark claim they are in favour of equal rights for fathers and mothers but the current draft law is closely based on the mainland’s 1989 Children Act –which is widely accepted as problematical and many of its positive aspects remain to this day unenforced. What is planned in Sark is for unmarried fathers to be able to apply for parental responsibility. But what of married and divorced fathers ? Where are their rights reinforced ? The answer appears to be ‘no where’, and ‘on no account’. Are they to get nothing for their commitment, their investment in society, and their covenant ?

There is no statistical data to suggest that the majority of first children born to Sark parents are born out-of-wedlock – but if they reflect modern UK trends then we can suppose that over 45% fall into that category. The next steps will be for the debate to be transcribed by Hansard, published (see http://www.gov.sark.gg/agendas_minutes.html ), and sent to the Ministry of Justice. Pending approval it will then be presented for Royal Assent.

THE CHILDREN (SARK) LAW 2016

by the

POLICY AND PERFORMANCE COMMITTEE

Report with proposition to Christmas meeting of Chief Pleas, 20th Jan 2016

The mistake every legislative body makes when reforming child custody law is to fail to distinguish between 1), the children of divorcees and 2). the children of neglectful or dangerous parents.

Instead of creating one law suitable for public law and another separate one for private law cases, they are irreverently treated as the same and then unceremoniously dumped into the same pigeon-hole.

Children of divorcees are invariably dearly loved by both parents and each parent would not want to harm a hair on their child’s head. But by definition the children of neglectful or dangerous parents (the public law cases) do not have that luxury; do not have that love, protection, of care and security.

In an era of the “Public Inquiry” detailing horrendous child abuse claims (for over 30 years), the state is often complicit in pretending not to know and of deliberately turning a blind eye to the very real issues (from Victoria Climbie to Savile). Certainly this has been the case in England & Wales – and most of the English-speaking world.

This error in drafting legislation, where treating children from two distinct categories as if one, has had consequences that have echoed down the decades. The reform of any law is expected to address explicit and particular issues, not ignore them or obfuscate them or aggregate them to a point where they lose their meaning. Perhaps the level of this blissful ignorance is partly due to the civil servants who are now finally in charge of legislative reform having last left their university studies some 20 years earlier. We can only hope that this is not the case in Sark.

Sark’s new law is supposed to deal only with ‘private law’ proceedings (not with public law) but the inclusion of so many references to external ‘guardians’ make one wonder whether this can be true. One wonder if the legislators are assuming that children of divorcing and separating couples experience the same risk of neglect and of being ‘at risk’ as derelict abusive parents (which is patently untrue).

According to the latest edition of Sark’s newspaper, Jan 2016,  which exhibited “well-founded criticism of her half-baked, half-hearted Children Law” the current proposals are a near copy of part of the present Guernsey law. It is said that Sark has left out all of the public law provisions in the Guernsey legislation which would have provided for child protection, care orders, a juvenile court and the usual government roles. But is that a bad thing ?  Sark may be right in attempting to devise divorce related legislation first. However, this view is confounded by the new law’s continual reference to guardians, of parents not being in control of their own children, and for some strange reason, higher priority is being given to include 10 sections on the parentage of children
born to ‘assisted reproduction’ or surrogacy rather than protection. As the paper observes: “Since when was that a burning issue in Sark ?”  (Ref, see page 2, http://www.sarknewspaper.com/Flippers/Sark%20Newspaper%2019%20January%202016/19012016.html).

Time line

Beginning in the 1970s laudable attempts were made to reform child custody. There was a recognition that the modern nuclear family had undergone change. There were more women in the workplace and more equality in wages and salaries.

However, measures to reform child custody have (throughout the 20th century) still unconsciously been predicated on 19th century models of the women/wife at home looking after children and dependant on her husband’s income. When ‘no-fault’ divorce arrived this presented immense problems for the law, the family and society.

Bearing in mind this predisposition to a 19th century model there followed a series of child custody reforms all of which failed to achieve their stated goal. The most well-known of these is probably the “Children Act 1989.” As a rule of thumb 90% of the 1989 Act is taken up with ‘public law’, leaving private law to rub along as best it can under rules not best devised for it and therefore ‘unfit for purpose’.

To repeat the same experiment and expect a different and/or improved outcome is to paraphrase the definition of ‘insanity’. But this is what has happened with child protection law and custody reforms in the West since the 1970s.

The only exception to this iron rule are those countries that have treated children of divorce separately from those of mistreated children. Examples of which are France and Belgium (2006). Further afield there is the example of Australia (also 2006). [1]

This brings us to the actual changes that have been embraced by, for example, France and Belgium. Their governments and politicians have recognised that there is an alternative (indeed, several) to the 19th century model of single mother custody – specifically ‘shared residence’ and ‘shared parenting.’

The Council of Europe has endorsed ‘shared residence’ and ‘shared parenting’ for adoption by all EU governments in the near future. The advantages to the child, the parents, and the state are overwhelming. The downside, where they exist, are negligible compared with the hugely negative outcomes for children brought up in single mother households (SMH).

Shared residence and shared parenting is not new or ground breaking. [2] Provision was specially made for it in the 1989 Act (ref ‘any order’). Working papers from the Law Commission make it clear that hands-on parenting by both parents was formally known as ‘joint custody and was to be enhanced as shared residence rights.’ [3]

The hugely negative outcomes referred to above for children brought up in SMHs revolve around disruptive behaviour, criminality, drug abuse, and violence often seen in a linear progression from junior school to teenage years. Society has an unspoken fear of such delinquency and the current debate is about the cost and expense of that behaviour and the property (and sometimes human life) destruction to the taxpayer. This will remain unaddressed for as long as the present ‘silo’ mentality persists. All the modern evidence and research shows that the most effective antidote is to have a father present in the family unit – or actively engaged with it if divorced.

Michael Lamb is the recognised British authority on children and families and he supports measures to continue to integrate both parents on a daily and weekly basis. In the USA, Prof Warshak and Prof Linda Nielsen, among many others, are the leading authorities on shared parenting and child parent relationships. Linda_3Nielsen is also well-known for her research and book on father-daughter relationships.

Left: Prof. Linda Nielsen

The phenomenon of the ‘fatherless family’, i.e. fatherlessness, has been an upshot of the modern era which, prime facie, can be traced to the 1970s when easier divorces and changes to the welfare state emerged. But in earlier ages the episodes of World War Two (which gave us the 1956 crime spike) and the depression of the 1920s and 1930s resulted in social dislocation and permanent change. Early workers in this field, i.e. of the social impact fatherlessness, most notably included the celebrated Prof Norman Dennis.

Linda Nielsen, puts it in these terms:

“One of the most complex and controversial issues in family law and custody legislation is: ‘What type of parenting plan is the most beneficial for the majority of children after their parents separate ?’

More specifically, are the outcomes any better for children who continue to live with each parent at least 35% of the time than for children who live primarily with their mother and

spend less than 35% of the time living with their father ? In other words, is it in most children’s best interests to live in shared physical custody? More important still, is a shared parenting plan beneficial to children when their parents communicate poorly, have high levels of conflict, or have ended up in court or in prolonged legal negotiations in order to resolve their disagreements over the parenting plan ?

Put differently, do parents have to be cooperative and communicative and “voluntarily” both agree to this plan from the outset for shared parenting plans to benefit the children ?”

Linda Nielsen firmly concludes, as do most experts, that all the modern evidence shows that a child living for 35% of the time with their father is highly beneficial.

Anna Freud

If the turning point in the modern era of the custody saga was the early 1970s then we have to ask “Why ?” In part it is because of the emergence of no-fault divorce and its availability on a much more universal scale than previous divorce regimes allowed – especially to lower-income families which previously could never have afforded divorce or complied with the terms previously needed. Another part of the equation was that under the old divorce regime of, say, the 1950s ‘the guilty party’ could rarely expect to be granted custody of the children since would be seen as rewarding the party who had wrecked the family. No fault divorce, where no party could ever be ‘guilty’ threw this model into confusion.

Over a period of 5 years the divorce rate doubled from around 60,000 to approx. 120,000 and the number of children separated from one of their parents as a consequence more than doubled (families were then more likely to have 2 or 3 children). At this time Anna Freud’s book encapsulating the principle of the “Best Interest of the Child” surfaced. While superficially this research oozed confidence and reliability it was anything but soundly based. Anna Freud’s book was the product of her pioneering work in Austria before World War II and as such there were no guidelines or protocols to adhere to. That she was the daughter of Sigmund Freud may have allowed her more latitude and reverence among would-be critics than she deserved.

She was forced to move to England by the Nazi invasion of 1938 and during the war she continued to be well-funded by private donors allowing her to work first in clinics in blitzed London (now evolved into the Tavistock Centre) and then at Bulldog Banks. However, her work was almost exclusively with orphans of the blitz (and where fathers did exist they were not encouraged to see their children), and later at Bulldog Banks with six child survivors of Nazi concentration camps (a shockingly small sample size). This latter group had been born in the camps and had never known their parents or adults except for guards who would throw them food. They reached England in 1946 literally as feral pack-animal children unable even to speak but merely to grunt at one another. [4] NB. Children of divorcing couples never exhibit any of these characteristics.

Freud_80It is questionable whether Freud’s methods actually worked.[5] Certainly it is on the public record that her life-long partner Dorothy Burlingham (the separated daughter of the American millionaire family, Tiffany), submitted her children for Freud’s diagnosis and treatment and all four were made most unhappy with 2 committing suicide – one in Freud’s own home (perhaps as a symbolic act to express what she thought Anna Freud had done to her life). The children of Dorothy Burlingham appear to be the only ones that were not lifelong orphans, i.e. fatherless. Burlingham journeyed to Vienna to seek Freud’s psycho-analytical skills for her four children (two boys and two girls). She was convinced one or more of her children were suffering from depression and or psychosomatic illnesses. For the next 40 years Burlingham’s four children were effectively Anna Freud’s guinea pigs but for many decades the world would not know that her treatment of the Burlingham children was an utter disaster.

Freud also made the fundamental error of projecting her findings gleaned literally from traumatised blitz children and a handful of extremely damaged feral children and thought it could be made applicable to children who had grown up with two loving parents. And, as we can see from the Burlingham children’s saga, Freud was no more successful on a one-to-one treatment basis.

One suspects the courts were unaware of this and did not notice the flaw, taking matters at face value. They instead saw her work as a handy tool to help them get through a crisis of ever-increasing divorces and an apparently scientific answer as to what to do with ever-increasing numbers of children being made fatherless.

Post 1970, the judiciary increasingly felt that they were awarding custody using old formats and yet with no guilty party before them were they right to award custody to errant mothers ? By 1984 this uneasiness about the haphazardness had turned into a real concern. Therefore, in 1986 the Law Commission realising it had no hard data whatsoever about awards made in private law cases organised a survey of all England’s courts to assess the typical for of custody award. Perhaps to their surprise over 30% of awards made were joint custody. Only in the north was joint custody below 5% (indicating a sharp geographical divide perhaps based on industry or culture).

The result was the Children Act of 1989, which legalised ‘any order’ orders, including shared residence and shared parenting. However, the effect of this enlightenment was that the proposals became distorted and joint custody awards fell from 30% to 3% within 3 years. In other words, the object of the bill was totally defeated.

Public law

The difference between public law and private law cannot be underlined or emphasised enough. As mentioned above, the Council of Europe has endorsed Shared Residence and Shared Parenting as it sees the alternative – fatherless families – as detrimental to the common good. If not properly handled children of divorce can finish up experiencing as poor an outcome in life as abandoned and abused children. Such children then enter the ‘care system’ but this is something of an (oxymoron (i.e. having an inverted meaning).

CAFCASS produces reports for both public law and private law cases and the latter far out strip the former many times over (say by approx. 9 to 1).

Children who enter ‘the care system’ are not always being properly looked after by that care system. The anecdotal evidence can be seen routinely in the media, e.g. 2,000 children in Rotherham, Oxford, and Rochdale caught up in sex abuse scandals etc., [6] together with data trends (e.g. coroner’s reports, Public Inquiries, Gov’t statistics). However, beyond the more salacious “news” is the mundane but equally scandalous levels of abuse, i.e. neglect and physical abuse of children while supposedly in the protective custody of the state.

The evidence showing a linkage between being in the care system and then facing the criminal justice system extends back into the 1930s when the term “juvenile delinquent” (first coined in 1816) had passed into common parlance.

We can show the results of a variety of US surveys stretching back many decades which links family background to later psychological pathologies and criminal behaviour (an equivalent English survey of ‘outcomes’ for fatherlessness can be found in a pioneering book (“Farewell to the family ?” (pub IEA, 1996), by Dr. Patricia Morgan.

Shifts in public policy can have negative knock-on effects yet this is rarely publicised and put into the public domain. What then can we do to make the public more aware of these consequences and their lifestyle choices ?

It is not insignificant that the Prison Service has long recognised that a ‘fatherless’ young man is more likely to attempt suicide in the first few weeks of incarceration than a young man from a ‘normal’ family background.

‘Fatherlessness’ of both young men and women is a precursor for greater societal expenditure in remedying the effects. Regardless of whether they are ‘fatherless’ because of divorce, separation, or the child of an unmarried cohabitee or single unmarried women (all are single mother households, SMH), the child from these family background types are more likely to experience being taken ‘into care’ and / or in trouble with the law.

These same children will experience lower school qualifications, more periods of unemployment and have the greater likelihood of their mothers being admitted into mental health hospital as an out or in-patients, or “sectioned”. Too often the medical dimension of children realised in fatherless families has been overlooked in deliberations so it is encouraging that Sark has recognised its impact.

A positive aspect in this arena of poor educational achievement by children from fatherless families is seen when those same children are allowed more time with their fathers. Grades and behaviour improve. It is to be hoped that these distinctions are recognised in the on-going work of the Education Committee.

Not surprisingly the level of DV in such households towards the children or from the child to the mother, is far higher than in other households.

There are many causes of SMH as mentioned above (divorce, never married etc.) and each has its own characteristics – some worse than others. The one exception are lone mothers who are widows. Though they represent only 4% of SMH the ‘outcomes’ produced by their children (morbidity, mortality, criminality, scholastic attainments, etc.), are as good as for a two parent family.

A rose by any other name

It is regrettable that terminology well-known and familiar to the public is revised and altered so frequently. Everyone knows what custody means and only confusion is sown by 30 years of renaming the same thing. When booklets are produced by Sark or any other state, explaining terms such as custodianship, guardianship, or parental responsibility, access and contact, then who among the public actually reads them ?

Part II “Parental Responsibility” lists the Definition of “parental responsibility”. How is this different from parental guardianship ? If it is the same, then why alter the name if it is not to confuse or attempt to dupe the public ?

It is one thing for the courts and those working with children to put the needs of the child at the centre of all issues but it is quite another to put these rights ahead and above those of parents. To do so would rekindle the same legal situation endured when Trade Unions were above and beyond the law.

Without inalienable basic human rights how will parents ever be able to gift ‘in loco parentis’ to other adults ? Parents cannot sensibly ever be defined as having only responsibility rather than rights for that would produce an oligarchy of juveniles in cahoots with the apparatus of the state (both none tax-payers). Such a coterie would mean ‘the state’ and democracy, as we know it today, would cease to exist. What juvenile would look forward to an adulthood where he or she would actually lose rights and control over their own lives and the right to make their own choices ?

Much time has been devoted in many European countries to unmarried fathers and their rights. Some countries have higher rates of cohabitation than others, e.g. Spain has a high level. In the UK the rate of cohabitees can be measured by the number of households – just 11% of all households – and the majority do not have any offspring and 90% of such unions last no more than 18 months. (Ref. Sections 4-10).

To avoid the mistakes and downstream complications seen on mainland England it is essential that guardianship for both parents be unchanged (Sections 11-15).

If a parent has the power to appoint any individual to be the guardian of a child in respect of whom the parent has parental responsibility, see Part III (Guardians Appointed to Fulfil the Role of a Parent in Place of a Parent who has Died), then ipso facto that parent has guardianship powers and not simply parental responsibility powers.

E N D

Footnotes:

[1] In the USA some individual states have adopted shared parenting for children of divorce.

[2] See ‘Supplement to Working Paper No 96’ (1987)

[3] Not to be confused with the American ‘joint legal custody’ which is not meaningful or even joint.

[4] See https://motoristmatters.wordpress.com/2009/09/01/5/ and https://robertwhiston.wordpress.com/category/anna-freud/

[5] Having spoken personally to some of these survivors (2014) it has been a revelation – R. Whiston.

[6] Telegraph, Christopher Booker, 04 Apr 2015http://www.telegraph.co.uk/comment/11515596/Children-in-care-the-scandal-that-this-election-will-ignore.html

 

Green Shoots of Sensible Solutions ? If only.

 June 2015 saw the announcement by the Prison Reform Trust that Lord Laming was to head up their inquiry (yet another  one !) into what was going wrong with Britain’s child care protection system. [*] So reminiscent of previous attempts to not understand, but to instead proclaim an innocence that surpasses all understanding and adopt a “studied puzzlement” by those in authority, that this article from 2010 just had to be re-issued to convey not only the ignorance but refusal to learn.

Although this 2015 inquiry deals with “public law” cases, i.e. where children are taken away from parents deemed unfit and placed into a Local Authority’s ‘care system’, there are parallels with “private law” which is equally dysfunctional and upsetting for children (NB. private law embraces custody of children when their parent’s divorce/ separate and ‘at risk’ and Local Authorities are not factors). That said, the mishandling of both public and private law cases by the courts and the trauma they produce does result in greater likelihood that the children will come face to face with the criminal justice system particularly those who are in residential or foster care.

 First published  18th Sept 2010

(Tables omitted)

Iain Duncan Smith and the study issued by Centre for Social Justice (Nov 16th 2009) shows once again the misery caused to children by our clumsy family court system. The study of over 4,000 parents and children was commissioned by family lawyers at Mishcon de Reya. [1]

It has grabbed our attention, as all such explosive reports tend to do, and written headlines not only in the UK but overseas. But after the wringing of hands phase has passed, what next ? Will we simply let our political leaders add it to the mountain of similar reports, i.e. we and they decide to do nothing ? Will we ‘Suffer the little children . . . . . ’ while we argue about the solution which has been the order of the day for the past 30 years.

Ideology has always got in the way of finding a humane solution to this perennial problem. Since the failings of the Children Act 1989 first began to show, Whitehall has stubbornly cocked a deaf ear to all calls for change (see “Twenty Wasted Yearshttp://robertwhiston.wordpress.com/2008/02/05/5/ ) They have then advised ministers who then wonder why they look so foolish, ignorant and untutored in the matter, e.g. Lord Falconer’s infamous remark in 2002 of the impossibility of “an automatic presumption of 50/50 contact” when other countries can manage it very happily, e.g. Sweden , Belgium.

The poll carried out by Mishcon de Reya to mark the 20th anniversary of the Children Act has led its authors to state that the Children Act 1989 is “not working” despite its good intentions. The poll (of 4,000 parents and children) validated everything that fathers groups have been claiming for over 20 years even before the Children Act of 1989. revealed that:

* 19% of children said they felt used in the separation
* 38% children never saw their father again once separated
* 50% of parents admitted putting their children through an intrusive court process over access issues and living arrangements
* 49% admitted to deliberately protracting the legal process in order to secure their desired outcome
* 68% confessed to indiscriminately using their children as ‘bargaining tools’ when they separated
* 20% of separated parents admitted that they actively set out to make their partners experience ‘as unpleasant as possible’ regardless of the effect this had on their children’s feelings

The Children Act 1989 is “not working” because 90% of it is aimed at orphaned or abused/neglected children and how local authorities must care for such children (termed public law cases). The Children Act 1989 is not written with divorce in mind (termed private law cases) or with the fate of children of divorce uppermost.

The above also validates the claims/theories of the late Richard Gardner (Gardner regarding PAS (parental alienation syndrome, 1992), so discursively dismissed by Sturge and Glaser 9 years ago [2] and reinforced one year later. [3]

With a General Election looming and the possibility of a Conservative government it might be prudent to examine some of the policies the party has so far espoused and which presumably will be adopted in the future.

Anything and everything ‘Green’ is fashionable among politicians; anything that will kick-start the economy is desperately dusted down; anything that will reduce our carbon footprint is willingly embraced. So a policy that captures all those aspects (and more by creating a fiscal and monetary stimulus) [4] yet will cost next to nothing to run, is one would assume, a sure-fire winner.

One of the promised policies of an in-coming Conservative government is a revamp of the family and divorce paradigm – and it is from this unusual quarter that unexpected green policy gains will emerge.

In the middle of a recession it will come as an appalling revelation that the present custody regime is not only the most expensive to the state but the most expensive to the parents. In addition, the present system perpetuates poverty and drives down consumer demand, aiding and abetting the prolonging of the recession. Some might recall John Prescott’s lament that he had to plan for a 40% increase in housing demand on the back on only a 6% increase in population.

The Conservative Party looks as if it is finally ready to grasp the nettle of divorce, and more precisely rectify the shambles of the child-father rupture in relationships after a divorce. The marginalisation of fathers is epitomised by the legal terms used; ‘contact’ and ‘access’ and ‘visiting rights’ – as if one’s own flesh and blood can be visited like animals at a zoo. But no one has bothered to investigate the costs to the nation or their negative green impact.[5] Inadvertently, it may be about to sow the seeds of a velvet recovery without realising it.

Independent of government anonymous policy shapers have advocated divorce and promoted cohabitation for 30 years. The freedom of the individual to choose their destiny no matter what the cost to others has been given precedence. The rights of the child (estimated by Centre for Social Justice at some 350,000), have been totally lost sight of in this stampede for personal adult liberation and expression.

There is a superficial argument to be made in favour of the positive economic impact of widespread divorce, namely it stimulates the economy by increasing the purchase of consumer durables such as fridges, beds and furniture etc. for the ‘second’ home.

However, after the initial spurt of spending on consumer durables, further purchases cease as the strained incomes of both new households can afford no more than the bare necessities for family survival. The purchase of holidays additional clothing, and shoes are depressed; the ‘distress’ sales of the matrimonial home and or motor cars do not result in bigger homes being purchased or more new car sales as might be expected had the couples stayed together.

Rather the depression spills over into quality goods and short circuits demand for ‘luxuries’ that a comfortably well off family might look forward to experiencing. The lower the couple’s income the greater the distress – a point well made in the 17th century by Jonathan Swift and Milton.  The former, seeing the latter’s predicament, observed that divorce should be confined to the relatively wealthy and that it would be disastrous for ‘the poor’.[6] Indeed, a whole chapter of Freakeconomics could be devoted to the economic absurdities of divorce.

Before the creation of the Centre for Social Justice, there was next to no mainstream research in this country that was not overwhelmingly in favour of mother-only custody, leaving father to ‘contact’ their children once a month or once a fortnight as the court and mother dictate. Why ? The contrary data that did exist was not well publicised outside academia and was not collated into a body of knowledge. Why ? One simple reason might be that universities have found it easier to secure funding from conservatively, nay, reactionary-minded grant making bodies. Before the Centre for Social Justice, the only organisations that persistently pointed year after year to the already existing data and therefore the elephant in the room were fathers groups.

Where there is a smattering of research into alternatives arrangements, i.e. shared or equal parenting, is it by design or sheer coincidence that the authors have chosen to examine the alternatives as they apply to ‘high risk’, high conflict families and have concluded therefore it is unsuitable for all families, e.g. papers by Joan Hunt, Ms Brenda Neale, etc. [7]

The radical feminist opposition is ideological, sociological and in part psychologically driven – “How can a divorced mother not have her child.” The fact is women have argued themselves into an equality box and now fathers want their share of that same equality; they want their share of the children.

Radical feminist opposition never encompasses or gauges the cost of their ideas will have on the public purse and never realise that a cheaper alternative, namely shared and equal parenting, is available. Why should they ? The never complaining tax-payer can be relied upon.

When cost saving and efficiencies have been a by-word – a totem – of government for 20 years, why has the most expensive form of child care, mother custody, not been subject to analysis ?

We have to look to Australia to find out what benefits can be derived from overthrowing our present blinkered thinking. In 2000 a paper was published by Paul Henman et al into the costs of the ‘contact’ regime adopted in post divorce settlements. [8]  This was followed up by a 2005 study of the same topic.

Paul Henman’s paper assumed, for ease of comprehension, that the cost of caring for of children for an intact couple to be 100% and that for separated couples the cost for similarly aged and numbered children will vary (+/-) from that benchmark. Thus, one would suppose a non-resident father with court permission for ‘contact; to the value of 20% in a year (approx. 2 days a week) would bear only 20% of the costs an intact couple with 100% contact/ maintenance costs could expect to expend.

Similarly, a resident mother with 100% custody but agreeing to the court order to allow the father 20% contact time might be expected to have to pay only 80% of the child raising costs. However, Henman shows that this is not the case.

Henman and his colleagues focus on the costs to the average and below average father and family unit which they term modest but adequate living standard’ and the low-cost standard’.

Using these two measures Henman and his colleagues estimated (see Fig 1) that the total cost for a non-resident father with regular 20% contact with a) one non-resident daughter aged six was $3,044 per annum at the ‘modest but adequate living standard’ (1st column), and b) one non-resident daughter aged six was $2,727 p.a. at the ‘low cost standard’ (2nd column).

At the ‘modest but adequate standard’ the estimated cost of contact for two children – in this instance a daughter aged six and son aged 14 – was $6,652 p a (3rd column) and $5,954 a year at the low cost standard (4th column) at the ‘low cost standard’ [9]

The various components of the budget costs are shown in Fig 1 with housing costs clearly the largest component cost of contact regardless of income.  The normal assumption that any non-resident parent (father) who has his children visit him for 20% of the year might be expected find the cost of contact to be around 20% of married couples’ yearly costs of caring for children. However, the data Henman and his colleagues uncovered suggests 20% contact time actually costs 40% to 53% of what it costs an intact couple to care for the same children in the benchmark 100% of the year.

In “Bang for buck” terms, the low-cost standard access time is the most expensive. In other words, the present custody system is disproportionately expensive on the non-resident parent i.e. the father, and as Fig 1 below suggests, disproportionately expensive to those with lower incomes.

This point is made much clearer later in his paper but an examination of the table (Fig 1) should suffice to shows discrepancies in the income available to spend on, for example, Leisure and Health.

In Table 5 (not shown here) parents in the ‘modest but adequate living standard’ have estimated costs of 40% for one child and 40% for two children.

However, parents in the ‘low cost standard’ face costs of 54% for one child and 50% for two children (weighted average across major Australian cities 39%:39% v 53%:49%). In Britain the majority of single mothers have less than 2 children and so face the highest unit cost – or rather, the state and taxpayer have the highest unit cost.

In the 2005 edition the example is given of a four child families at the ‘low cost level’ which spends 47% of their ‘disposable income’ and 71% of the ‘taxable income’ on children.

This is purely due to the smallness of the ‘small private income’ (wages, presumably) which on average amounts to $30,000 per annum and which requires significant government supplement to the household income in the form of ‘benefits’ usually in the order of $21,000 pa ($51,000 gross).

The ‘disregards’, dispensations, and passport benefits that were and are a feature of the British Social Security safety net have their opposite numbers in the Australian regime.

Compared with an adult couple households, sole parents face a range of different circumstances and expenditure concerns. While sole parents do face greater expenditure demands when raising their children there are measures to ameliorate it:

  •  “ . . . low-income sole parents are able to access a large range of substantial savings using their pension card attached to receipt of Parenting Payment Partnered. This saving is worth about $1,500 per annum.”

It might be reasonable to suppose that if the overspending (by 40% -54%) of fathers with 20% contact time would be reciprocated by a reduction of equal proportion for mothers with 80% residence time.

Unfortunately, Henman shows that this single saving grace of the present custody regime is not true, it is illusionary. The cost of one child in a single mother household is shown in Fig 2 (below). The difference in income between those single mothers working and those on benefit is enormous but their disposable income is very similar.

A situation arises where a sole parent in full-time employment spends on child care more than similar sole parents spend on child care and total costs. (e.g. Sydney $11530 v $3,050 and $4,670). This holds true whether the single mother is a full-time carer and not in the labour force or when her partner is not in the labour force (columns 4 and 5). In fact after child care costs the working mother is only marginally better off then her non-working sisters (e.g. Sydney $16,650 – $11530 = $5,120).

Table 6 (not shown here) displays the gross costs relevant to levels of contact. Where a mother of one child aged 6 in the ‘modest but adequate living standard’ category has 100% contact, i.e. the father has none, (and NB both parents work full-time in the labour market), she can expect to incur costs of $11,420 pa if living in Melbourne, with the national average being $10,360.

Where the same mother has 80% contact time (with 20% allowed for the father), the theoretical gain of 20% less costs to the mother (i.e. $2,284) fails to materialise ($11,420 – 20% = $9,136). Instead her costs are $11,210 demonstrating that the difference at the 80% level is insignificantly different from the mother with 100% custody and who denies the father a small amount of time.

Table 6 also displays the gross costs for a mother in the alternative income group, i.e. the low-cost category, who is not employed and has one child aged 6. At 100% contact time her costs are $5,770 if living in Melbourne. They decrease by only $30 (to $5,740) when her contact time is reduced to 80%. The weighted national average is $5,490 and $5,460 respectively (100% and 80%).

The degree of marginality in both actual dollar costs and as a proporti0n of income make the present regime untenable for both fathers and mothers. The state should question whether it should or needs to fund an overpriced system that where budget overruns are de rigueur.

This would take the form of state subsidies by the tax payer that need to be claimed under the present mother custody preferment to maintain the poverty level but would be unnecessary if the regime of child custody was altered.

Proportionately it is more expensive for a father/family in the ‘low cost standard’ to maintain 20% contact then it is for the ‘modest but adequate standard’ father/ family.  More precisely, where a non-resident parent (father) has contact with one child for 20% of the year, it costs between 51% and 56% of the costs of raising the child for a full year in an intact couple family at the ‘low cost standard’, and between 38% and 42% of an intact couple family at the ‘modest but adequate standard.’

Where a father is allowed 50% contact time his costs do increase – but do not more than double. This is due to the fixed cost element., i.e. housing costs (the biggest cost element), remains the same whether contact is 20% or 50% or 80% or denied and only zero % is available. Similarly, while mothers see very little decrease in their costs for 20% father contact, there is a greater saving at the level of 50% and 80% contact by fathers.

The corollary of this is that we deliberately chose a regime where the dividend is less disposable income and therefore less to stimulate the High Street. Four million divorced fathers experiencing 50% of their spending diverted for extraneous reasons can only be four million missed opportunity for retailers in the High Street.

The higher proportional cost of contact at the low-cost standard would seem to suggest that there is a basic set of unavoidable costs associated with contact which do not increase proportionally as the living standard rises (see Woods 1999).

The study comes to the conclusion that housing costs associated with providing mere ‘contact’ care are identical to those for caring for children for 100% of the year. The implication is that ‘shared residence’ and ‘joint parenting’ will not present any increase in costs to the public purse or upon the individuals concerned.

Indeed, the shift in responsibility to the individual and the ability of mothers to more freely enter the labour market would seem to indicate a lessening of the strain presently imposed on the Treasury. We might even speculate that it will enhance the quality of life for the child and its parents.

Green benefits include the reduction of “double journeys” to collect and then return the children to their mother. It results in substantial transport cost savings. Contact at the 20% level is equivalent, Henman calculates, to between 46% and 160% of those borne by an intact couple caring for children for 100% of the year.

The reason for these seemingly mysterious increases in the costs it takes to live one’s life as before is due in the main to the act of “separation” which reverses the economies of scale which parents enjoy as a couple sharing accommodation (see Whiteford, 1991; Whiteford & Hicks, 1993).

Fig 3 shows the total and child care costs for two children (aged 6 and 14). The beginnings of economies of scale can be seen with child care costs resembling that of Fig 2 for only 1 child.

In an adult household the cost of raising two or more children is shown in Table 3. Accepting that the age range and sex of children can deeply affect costs Fig 3 is premised on the near maximum of having a girl and boy requiring separate bedrooms, different clothes, leisure activities and toys etc. It therefore represents only one example of numerous permutations (other variants will occur where the primary carer is working full-time or part-time, and the need to rent child care).

Thus, in this illustrated example of “2 children – maximum’ (Fig 3) the average cost of raising two children (ages 6 and 14) at the ‘modest but adequate’ level (where both parents work full-time) ranges from $17,890 (not shown) to $20,420 p a.

The costs of raising a 3-year-old child in a single mother household who is in employment and in the ‘modest but adequate’ band the weighted average is $17,860.

For a couple household with two children aged 6 and 14 and with both parents in employment, and in the ‘modest but adequate’ band the weighted average is only marginally greater at $20,420.

In the above example the cost to a sole parent in the modest but adequate living standard level of a three-year old child is $17,860 pa (17.86). At the opposite end of the single parent scale, i.e. not in the labour force and who is a full-time carer, the cost of a child is $5,740 (see Fig 2).

  •  “This is a significant difference, due entirely to childcare costs of $12,630 per annum.”

The cost of a three-year child in the ‘low-cost living standard’ for a couple (one parent working full-time the other not in the labour force) is $4,910 p a, whereas for the low cost sole parent (not in the labour force) it is $3,500 p a.

The full version of Table 5 (not shown here) shows that at the ‘modest but adequate level’ the cost of a child decreases when the parent moves from part-time employment to no employment.

  • “For example, the 6-year-old child costs $8,280 per annum for the former parent, but $7,390 per annum for the latter. While childcare costs of $560 explain some of the difference, the rest results from access to pensioner concession cards accompanying receipt of Parenting Payment Single.”

Previous administration have baulked at the idea and not acknowledged the potential for savings will this be another false dawn ?

END

Footnotes:

[*]  See http://www.prisonreformtrust.org.uk/PressPolicy/News/vw/1/ItemID/266 and http://www.prisonreformtrust.org.uk/ProjectsResearch/CareReview

[1] “Parental Separation, Children and the Courts” (Nov 2009) http://www.mishcon.com/assets/managed/docs/downloads/doc_2397/policy-briefing-paper-parental-separation-children-and-the-courts.pdf

[2] “Contact and Domestic Violence – The Experts’ Court Report”, Family Law, Sept. 2000, pp. 615-629. See also “Making contact happen or making contact work ?”, DCA Research Series 3/06 March 2006, Liz Trinder, Jo Connolly, et al, Uni. of East Anglia. http://www.dca.gov.uk/research/2006/03_2006.pdf

[3] “Making Contact Work” a Green Paper issued March 2001 by the LCD (see also CASC report)

[4] ‘Monetary policy’ is typically implemented by a central bank, whereas ‘fiscal policy’ is usually dictated by the national government.

[5] “Don’t fathers deserve help too ?” by Deborah Orr, The Independent, 8 June 2004. http://argument.independent.co.uk/regular_columnists/deborah_orr/story.jsp?story=529242

[6] Jonathan Swift (1667 – 1745) noted the misery endured by his contemporary John Milton (1608-1674). Milton’s ‘Doctrine and Discipline of Divorce’ (1643), advocated easier divorce, followed by ‘Areopagitica’ (1644). http://www.thoemmes.com/404.asp?404;http://www.thoemmes.com/encyclopedia/swift.htm

[7] Child contact with non-resident parents” by Joan Hunt, March 2006. http://www.spig.clara.net/hunt.htm\t_blank and http://www.spig.clara.net/hunt.htm

[8]Estimating the Costs of Contact for Non-resident Parents: a budget standards approach.” by Paul Henman and Kyle Mitchell Journal of Social Policy (2001 edition). See also 2005 edition: http://www.fahcsia.gov.au/sa/childsupport/pubs/CostsofChildrenUsingAusStandards/Documents/updated_costs_of_children.pdf

[9] Both examples, i.e. of one child and then two are based on Feb 1997 prices and of Sydney residence costs.