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	<title>Family Law - Northern California Attorney Wallace Francis</title>
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	<link>https://www.wallacefrancis.com</link>
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		<title>Divorced Parenting During Covid-19</title>
		<link>https://www.wallacefrancis.com/divorced-parenting-during-covid-19/</link>
		
		<dc:creator><![CDATA[Wallace Francis]]></dc:creator>
		<pubDate>Mon, 06 Jul 2020 00:54:27 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Covid19]]></category>
		<category><![CDATA[Divorce]]></category>
		<guid isPermaLink="false">https://www.wallacefrancis.com/?p=1687</guid>

					<description><![CDATA[Video on Divorced Co-Parenting During Covid-19 A client of mine asked me to sit down and answer some questions about the challenges of divorced parenting during Covid-19. The video is below but keep in mind this is not an easy topic to address as there really is no set standard yet. Hopefully my answers  [...]]]></description>
										<content:encoded><![CDATA[<div class="fusion-fullwidth fullwidth-box fusion-builder-row-1 fusion-flex-container nonhundred-percent-fullwidth non-hundred-percent-height-scrolling" style="--awb-border-radius-top-left:0px;--awb-border-radius-top-right:0px;--awb-border-radius-bottom-right:0px;--awb-border-radius-bottom-left:0px;--awb-flex-wrap:wrap;" ><div class="fusion-builder-row fusion-row fusion-flex-align-items-flex-start fusion-flex-content-wrap" style="max-width:calc( 1200px + 0px );margin-left: calc(-0px / 2 );margin-right: calc(-0px / 2 );"><div class="fusion-layout-column fusion_builder_column fusion-builder-column-0 fusion_builder_column_1_1 1_1 fusion-flex-column" style="--awb-bg-size:cover;--awb-width-large:100%;--awb-margin-top-large:0px;--awb-spacing-right-large:0px;--awb-margin-bottom-large:0px;--awb-spacing-left-large:0px;--awb-width-medium:100%;--awb-spacing-right-medium:0px;--awb-spacing-left-medium:0px;--awb-width-small:100%;--awb-spacing-right-small:0px;--awb-spacing-left-small:0px;"><div class="fusion-column-wrapper fusion-flex-justify-content-flex-start fusion-content-layout-column"><div class="fusion-text fusion-text-1"><h2>Video on Divorced Co-Parenting During Covid-19</h2>
<p>A client of mine asked me to sit down and answer some questions about the challenges of divorced parenting during Covid-19. <a href="https://youtu.be/akGE9aFJfkM">The video is below</a> but keep in mind this is not an easy topic to address as there really is no set standard yet. Hopefully my answers are helpful for those trying to understand the nature of the family law situation as it relates to Covid-19. Stay safe.</p>
<h2>Links to Specific Questions</h2>
<ul>
<li><a class="yt-simple-endpoint style-scope yt-formatted-string" dir="auto" spellcheck="false" href="https://www.youtube.com/watch?v=akGE9aFJfkM&amp;t=0s">0:00</a><span class="style-scope yt-formatted-string" dir="auto"> How has divorce and co-parenting changed since Covid-19? </span></li>
<li><a class="yt-simple-endpoint style-scope yt-formatted-string" dir="auto" spellcheck="false" href="https://www.youtube.com/watch?v=akGE9aFJfkM&amp;t=107s">1:47</a><span class="style-scope yt-formatted-string" dir="auto"> Have parents refused to exchange kids due to Covid-19 concerns? </span></li>
<li><a class="yt-simple-endpoint style-scope yt-formatted-string" dir="auto" spellcheck="false" href="https://www.youtube.com/watch?v=akGE9aFJfkM&amp;t=142s">2:22</a><span class="style-scope yt-formatted-string" dir="auto"> How have judges reacted to parents who refuse to follow Court Orders?</span></li>
<li><a class="yt-simple-endpoint style-scope yt-formatted-string" dir="auto" spellcheck="false" href="https://www.youtube.com/watch?v=akGE9aFJfkM&amp;t=190s">3:10</a><span class="style-scope yt-formatted-string" dir="auto"> Have couples been pushed to divorce over disagreements on the danger of Covid-19?</span></li>
<li><a class="yt-simple-endpoint style-scope yt-formatted-string" dir="auto" spellcheck="false" href="https://www.youtube.com/watch?v=akGE9aFJfkM&amp;t=251s">4:11</a><span class="style-scope yt-formatted-string" dir="auto"> Should divorced parents consider filing legal action against the other parent if they have health concerns?</span></li>
<li><a class="yt-simple-endpoint style-scope yt-formatted-string" dir="auto" spellcheck="false" href="https://www.youtube.com/watch?v=akGE9aFJfkM&amp;t=342s">5:42</a><span class="style-scope yt-formatted-string" dir="auto"> Is co-parenting/parallel parenting a method to be used for resolving disputes?</span></li>
<li><a class="yt-simple-endpoint style-scope yt-formatted-string" dir="auto" spellcheck="false" href="https://www.youtube.com/watch?v=akGE9aFJfkM&amp;t=376s">6:16</a><span class="style-scope yt-formatted-string" dir="auto"> Are there are other options, besides going to Court, for couples who have major disagreements about the dangers of Covid-19?</span></li>
</ul>
<h2>Full Video</h2>
<p style="text-align: center;"><iframe src="https://www.youtube.com/embed/akGE9aFJfkM" width="560" height="315" frameborder="0" allowfullscreen="allowfullscreen"></iframe></p>
<p>&nbsp;</p>
</div></div></div></div></div><p>The post <a href="https://www.wallacefrancis.com/divorced-parenting-during-covid-19/">Divorced Parenting During Covid-19</a> first appeared on <a href="https://www.wallacefrancis.com">Northern California Attorney Wallace Francis</a>.</p>]]></content:encoded>
					
		
		
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		<title>Edit Sonoma County Form FL074</title>
		<link>https://www.wallacefrancis.com/edit-sonoma-county-form-fl074/</link>
		
		<dc:creator><![CDATA[Wallace Francis]]></dc:creator>
		<pubDate>Mon, 05 Aug 2019 04:35:39 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Sonoma County]]></category>
		<guid isPermaLink="false">https://www.wallacefrancis.com/?p=1513</guid>

					<description><![CDATA[Sonoma County has a unique form a party can use to set their divorce for trial (a final resolution). A party must first go through a settlement session before trial, but all of this may be accomplished through form FL-074. The form is offered as a PDF through the County Website, however this particular  [...]]]></description>
										<content:encoded><![CDATA[<p><div class="fusion-fullwidth fullwidth-box fusion-builder-row-2 fusion-flex-container nonhundred-percent-fullwidth non-hundred-percent-height-scrolling" style="--awb-border-radius-top-left:0px;--awb-border-radius-top-right:0px;--awb-border-radius-bottom-right:0px;--awb-border-radius-bottom-left:0px;--awb-flex-wrap:wrap;" ><div class="fusion-builder-row fusion-row fusion-flex-align-items-flex-start fusion-flex-content-wrap" style="max-width:calc( 1200px + 0px );margin-left: calc(-0px / 2 );margin-right: calc(-0px / 2 );"><div class="fusion-layout-column fusion_builder_column fusion-builder-column-1 fusion_builder_column_1_1 1_1 fusion-flex-column" style="--awb-bg-size:cover;--awb-width-large:100%;--awb-margin-top-large:0px;--awb-spacing-right-large:0px;--awb-margin-bottom-large:0px;--awb-spacing-left-large:0px;--awb-width-medium:100%;--awb-spacing-right-medium:0px;--awb-spacing-left-medium:0px;--awb-width-small:100%;--awb-spacing-right-small:0px;--awb-spacing-left-small:0px;"><div class="fusion-column-wrapper fusion-flex-justify-content-flex-start fusion-content-layout-column"><div class="fusion-text fusion-text-2"><p>Sonoma County has a unique form a party can use to set their divorce for trial (a final resolution). A party must first go through a settlement session before trial, but all of this may be accomplished through form FL-074. The form is offered as a PDF through <a href="http://sonoma.courts.ca.gov/sites/all/assets/pdfs/forms-filing/FL074.pdf" target="_blank" rel="noopener noreferrer">the County Website</a>, however this particular form does not allow for edits in Adobe Reader. One of my clients helped me produce a version that can be edited in Adobe Reader and <strong><a href="https://www.wallacefrancis.com/wp-content/uploads/2019/08/FL074_Ready_To_Edit.pdf">can be downloaded here</a></strong><a href="https://www.wallacefrancis.com/wp-content/uploads/2019/08/FL074_Ready_To_Edit.pdf"> </a></p>
</div></div></div></div></div></p><p>The post <a href="https://www.wallacefrancis.com/edit-sonoma-county-form-fl074/">Edit Sonoma County Form FL074</a> first appeared on <a href="https://www.wallacefrancis.com">Northern California Attorney Wallace Francis</a>.</p>]]></content:encoded>
					
		
		
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		<title>How do I respond to a false Domestic Violence Restraining Order?</title>
		<link>https://www.wallacefrancis.com/how-do-i-respond-to-a-false-domestic-violence-restraining-order/</link>
		
		<dc:creator><![CDATA[Wallace Francis]]></dc:creator>
		<pubDate>Wed, 05 Jun 2019 00:43:47 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Restraining orders]]></category>
		<guid isPermaLink="false">https://www.wallacefrancis.com/?p=1490</guid>

					<description><![CDATA[If you have been served a Domestic Violence Restraining Order in California, here are the steps to take: 1. READ THE ORDER The order is going to tell you what you can and cannot do. It will probably tell you to stay 100 yards from your ex. It will also probably tell you to  [...]]]></description>
										<content:encoded><![CDATA[<p><div class="fusion-fullwidth fullwidth-box fusion-builder-row-3 fusion-flex-container nonhundred-percent-fullwidth non-hundred-percent-height-scrolling" style="--awb-border-radius-top-left:0px;--awb-border-radius-top-right:0px;--awb-border-radius-bottom-right:0px;--awb-border-radius-bottom-left:0px;--awb-flex-wrap:wrap;" ><div class="fusion-builder-row fusion-row fusion-flex-align-items-flex-start fusion-flex-content-wrap" style="max-width:calc( 1200px + 0px );margin-left: calc(-0px / 2 );margin-right: calc(-0px / 2 );"><div class="fusion-layout-column fusion_builder_column fusion-builder-column-2 fusion_builder_column_1_1 1_1 fusion-flex-column" style="--awb-bg-size:cover;--awb-width-large:100%;--awb-margin-top-large:0px;--awb-spacing-right-large:0px;--awb-margin-bottom-large:0px;--awb-spacing-left-large:0px;--awb-width-medium:100%;--awb-spacing-right-medium:0px;--awb-spacing-left-medium:0px;--awb-width-small:100%;--awb-spacing-right-small:0px;--awb-spacing-left-small:0px;"><div class="fusion-column-wrapper fusion-flex-justify-content-flex-start fusion-content-layout-column"><div class="fusion-text fusion-text-3"><h1>If you have been served a Domestic Violence Restraining Order in California, here are the steps to take:</h1>
<h2>1. READ THE ORDER</h2>
<p>The order is going to tell you what you can and cannot do. It will probably tell you to stay 100 yards from your ex. It will also probably tell you to not contact them, don&#8217;t go near their home, work etc. Read it!!!</p>
<p>If the order involves children, and applies to the children, follow it. Turn over your firearms and do everything it says. If you decide to violate the order, that will be considered a crime and you will be charged and easily convicted.</p>
<h2>2. CALL AN ATTORNEY</h2>
<p>If you are convinced you are going to be able to handle this without an attorney good luck with that. The court system is not designed for people unfamiliar with it. It&#8217;s not user-friendly. This is not time to be proud, or cheap. Protect yourself.</p>
<h2>3. FILE A RESPONSE</h2>
<p>If you don&#8217;t tell your side of the story, guess whose story ends up being seen as the truth? The one who told it. Don&#8217;t let them get away with create a false narrative about what happened. Tell your side.</p>
<h2>4. APPEAR IN COURT</h2>
<p>Under no circumstances are you to fail to appear. If you do not, they will grant it, and it can last anywhere from 3-5 years. The results? Lose custody, pay full child support, lose your house, lose your job. Do I have your attention?</p>
<h2>5. ASK FOR A CONTINUANCE TO GET A LAWYER</h2>
<p>If you appear in court, don&#8217;t let the train coming down the tracks run you over. The judge is almost certainly going to give you a chance to get representation. DO IT!!!</p>
<h2>6. IF YOU GET A LAWYER, LISTEN TO HIM/HER</h2>
<p>The reason you hire a lawyer is because they understand the legal world. You don&#8217;t. Although you may be convinced by your friends who went through a divorce once have a handle on things, trust the professionals who do this for a living. 90% of lawyers care about what they do and are good at it. There is a lot of bullshit about lawyers, judges, and the courts. Although some of the scarier stories are frankly true, most of them are not. Don&#8217;t fall for the hype.</p>
<p>I discuss this in pretty significant detail during this <a href="https://youtu.be/I4zH5SFjqeA">interview on YouTube</a>.</p>
</div></div></div></div></div></p><p>The post <a href="https://www.wallacefrancis.com/how-do-i-respond-to-a-false-domestic-violence-restraining-order/">How do I respond to a false Domestic Violence Restraining Order?</a> first appeared on <a href="https://www.wallacefrancis.com">Northern California Attorney Wallace Francis</a>.</p>]]></content:encoded>
					
		
		
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		<title>Is my partner a narcissist?</title>
		<link>https://www.wallacefrancis.com/is-my-partner-a-narcissist/</link>
		
		<dc:creator><![CDATA[Wallace Francis]]></dc:creator>
		<pubDate>Thu, 03 Dec 2015 22:39:15 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<guid isPermaLink="false">http://www.wallacefrancis.com/?p=1139</guid>

					<description><![CDATA[  The term "narcissist" comes from the Greek myth of Echo and Narcissus, in which the two main characters were cursed by the gods and doomed because they loved people who could not love them back.  Echo was cursed by the gods, fell in love with Narcissus, and eventually died of a broken heart.  Narcissus  [...]]]></description>
										<content:encoded><![CDATA[<p><img fetchpriority="high" decoding="async" class="alignnone" src="http://psychcentral.com/disorders/wp-content/uploads/2012/07/narcissistic-personality-disorder-symptoms.jpg" alt="" width="460" height="205" /></p>
<p>&nbsp;</p>
<p>The term &#8220;narcissist&#8221; comes from the Greek myth of <a href="http://www.echo.me.uk/legend.htm">Echo and Narcissus</a>, in which the two main characters were cursed by the gods and doomed because they loved people who could not love them back.  Echo was cursed by the gods, fell in love with Narcissus, and eventually died of a broken heart.  Narcissus one day cast his gaze upon a pool and saw his own image, but when he went to kiss the image, the image disappeared.  He, too died, of a broken heart.</p>
<p>Modern psychology identifies certain patterns and labels them <a href="https://en.wikipedia.org/wiki/Personality_disorder">personality disorders</a>, among those, <a href="https://www.mentalhelp.net/articles/dsm-5-the-ten-personality-disorders-cluster-b/">&#8220;Cluster B&#8221; personality disorders</a>, among those what is commonly referred to as <a href="https://en.wikipedia.org/wiki/Narcissistic_personality_disorder">narcissistic personality disorder.</a></p>
<p>Narcissistic personality disordered individuals have the following traits described as well in <a href="https://www.psychologytoday.com/blog/evolution-the-self/201311/6-signs-narcissism-you-may-not-know-about">this article:</a></p>
<p>1. Has a grandiose sense of self-importance.<br />
2. Is preoccupied with <a class="inline-links topic-link" title="Psychology Today looks at fantasies" href="https://www.psychologytoday.com/basics/fantasies">fantasies</a> of unlimited success, power, brilliance, <a class="inline-links topic-link" title="Psychology Today looks at beauty" href="https://www.psychologytoday.com/basics/beauty">beauty</a>, or ideal<a class="inline-links topic-link" title="Psychology Today looks at love" href="https://www.psychologytoday.com/basics/relationships">love</a>.<br />
3. Believes that he or she is &#8220;special&#8221; and unique and can only be understood by, or should associate with, other special or high-status people (or institutions).<br />
4. Requires excessive admiration <div class="fusion-fullwidth fullwidth-box fusion-builder-row-4 fusion-flex-container hundred-percent-fullwidth non-hundred-percent-height-scrolling" style="--awb-border-radius-top-left:0px;--awb-border-radius-top-right:0px;--awb-border-radius-bottom-right:0px;--awb-border-radius-bottom-left:0px;--awb-overflow:visible;--awb-flex-wrap:wrap;" ><div class="fusion-builder-row fusion-row fusion-flex-align-items-flex-start fusion-flex-content-wrap" style="width:calc( 100% + 0px ) !important;max-width:calc( 100% + 0px ) !important;margin-left: calc(-0px / 2 );margin-right: calc(-0px / 2 );"><div class="fusion-layout-column fusion_builder_column fusion-builder-column-3 fusion_builder_column_1_1 1_1 fusion-flex-column fusion-flex-align-self-flex-start fusion-column-no-min-height" style="--awb-bg-size:cover;--awb-width-large:100%;--awb-margin-top-large:0px;--awb-spacing-right-large:0px;--awb-margin-bottom-large:0px;--awb-spacing-left-large:0px;--awb-width-medium:100%;--awb-spacing-right-medium:0px;--awb-spacing-left-medium:0px;--awb-width-small:100%;--awb-spacing-right-small:0px;--awb-spacing-left-small:0px;"><div class="fusion-column-wrapper fusion-flex-justify-content-flex-start fusion-content-layout-column">[regularly fishes for compliments, and is highly susceptible to flattery].<br />
5. Has a sense of entitlement.<br />
6. Is interpersonally exploitative.<br />
7. Lacks <a class="inline-links topic-link" title="Psychology Today looks at empathy" href="https://www.psychologytoday.com/basics/empathy">empathy</a>: is unwilling [or, I would add, <em>unable</em>] to recognize or identify with the feelings and needs of others.<br />
8. Is often <a class="inline-links topic-link" title="Psychology Today looks at envious" href="https://www.psychologytoday.com/basics/jealousy">envious</a> of others or believes that others are envious of him or her.<br />
9. Shows arrogant, haughty [rude and abusive] behaviors or attitudes.</p>
<p>If you are reading this and are suddenly realizing this describes your spouse, it&#8217;s time to sit down and think about what you are doing.  You may need a good therapist, or, hopefully not, a good lawyer.</div></div></div></div></p><p>The post <a href="https://www.wallacefrancis.com/is-my-partner-a-narcissist/">Is my partner a narcissist?</a> first appeared on <a href="https://www.wallacefrancis.com">Northern California Attorney Wallace Francis</a>.</p>]]></content:encoded>
					
		
		
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		<title>Truth and the law</title>
		<link>https://www.wallacefrancis.com/truth-and-the-law/</link>
		
		<dc:creator><![CDATA[Wallace Francis]]></dc:creator>
		<pubDate>Fri, 13 Nov 2015 21:10:12 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<guid isPermaLink="false">http://www.wallacefrancis.com/?p=704</guid>

					<description><![CDATA[It has been said that we do not have a justice system, we have a legal system.  What does that mean?  Simply put, it means that we, in our efforts to build a civil society that allows us to enjoy the freedoms enumerated in our constitution, have a system through which we resolve conflicts.  It  [...]]]></description>
										<content:encoded><![CDATA[<p>It has been said that we do not have a justice system, we have a legal system.  What does that mean?  Simply put, it means that we, in our efforts to build a civil society that allows us to enjoy the freedoms enumerated in our constitution, have a system through which we resolve conflicts.  It is a crude tool to help us create some approximation of justice while considering all the possible effects of our attempts to create this thing we term justice.</p>
<p>Sometimes it works, sometimes it fails.  Sometimes it is a shining beacon of hope. Sometimes a tool of oppression.</p>
<p>But more than anything it is a reflection of our society.  Though we tell others and ourselves that we believe the truth is important, lying is so commonplace now in the family courts that they are sometimes referred to as &#8220;liars courts&#8221;.  Perjury is virtually never punished.</p>
<p>&nbsp;</p><p>The post <a href="https://www.wallacefrancis.com/truth-and-the-law/">Truth and the law</a> first appeared on <a href="https://www.wallacefrancis.com">Northern California Attorney Wallace Francis</a>.</p>]]></content:encoded>
					
		
		
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		<title>Father arrested in Sonoma County after allegedly kidnapping daughter</title>
		<link>https://www.wallacefrancis.com/father-arrested-in-sonoma-county-after-allegedly-kidnapping-daughter/</link>
		
		<dc:creator><![CDATA[Wallace Francis]]></dc:creator>
		<pubDate>Fri, 02 Oct 2015 22:42:51 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<guid isPermaLink="false">http://www.wallacefrancis.com/?p=781</guid>

					<description><![CDATA[http://www.pressdemocrat.com/news/3908994-181/father-arrested-after-returning-missing "A man who set off a multi-state search after authorities said he took his two daughters out of an after-school program in Rohnert Park amid conflicting child custody court orders was arrested Friday afternoon . A Rohnert Park public safety officer arrested Everett Reep, 45, on suspicion of child endangerment outside his Santa Rosa  [...]]]></description>
										<content:encoded><![CDATA[<p>http://www.pressdemocrat.com/news/3908994-181/father-arrested-after-returning-missing</p>
<p class="BodyText-BodyText_News"><strong>&#8220;A man who set off a multi-state search after authorities said he took his two daughters out of an after-school program in Rohnert Park amid conflicting child custody court orders was arrested Friday afternoon .</strong></p>
<p class="BodyText-BodyText_News"><strong>A Rohnert Park public safety officer arrested Everett Reep, 45, on suspicion of child endangerment outside his Santa Rosa home on Arista Lane at about 5:30 p.m.&#8221;- From the article</strong></p>
<p class="BodyText-BodyText_News">So in this case, we have a father who allegedly threatened some people at a baseball game, and ended up with a restraining order against him.  Then he went to Mendocino County Superior Court and obtained temporary custody of the same children.</p>
<p class="BodyText-BodyText_News">This is exactly the kind of situation that can be difficult to understand without all the facts.  Mother&#8217;s side?  Father has a violent and dangerous past and has some kind of problem with addiction.  Father?  He has done nothing wrong to these children.  Ever.  They are his kids.  Now, whatever you say, the fact that he had a restraining order against him and then took the kids anyway probably says all you need to know about this case.  Probably.  But to be honest, if you haven&#8217;t read the file and watched the proceedings, you cannot really know for certain.  His actions are troubling.</p>
<p class="BodyText-BodyText_News">California child custody lawyer practicing in Sonoma Cou</p><p>The post <a href="https://www.wallacefrancis.com/father-arrested-in-sonoma-county-after-allegedly-kidnapping-daughter/">Father arrested in Sonoma County after allegedly kidnapping daughter</a> first appeared on <a href="https://www.wallacefrancis.com">Northern California Attorney Wallace Francis</a>.</p>]]></content:encoded>
					
		
		
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		<title>Throwing Up Roadblocks In Family Law Cases</title>
		<link>https://www.wallacefrancis.com/throwing-up-roadblocks-in-family-law-cases/</link>
		
		<dc:creator><![CDATA[Wallace Francis]]></dc:creator>
		<pubDate>Wed, 20 May 2015 14:53:03 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<guid isPermaLink="false">http://www.wallacefrancis.com/?p=796</guid>

					<description><![CDATA[If you are a parent and/or spouse who is using the family court process in order to impose your will upon the other person, one tried &amp; true "dirty" trick is to throw up "roadblocks" at every opportunity. The popular saying among lawyers (which at one time I thought was humorous and now think is disgusting)  [...]]]></description>
										<content:encoded><![CDATA[<p>If you are a parent and/or spouse who is using the family court process in order to impose your will upon the other person, one tried &amp; true &#8220;dirty&#8221; trick is to throw up &#8220;roadblocks&#8221; at every opportunity.</p>
<p>The popular saying among lawyers (which at one time I thought was humorous and now think is disgusting) is &#8220;justice delayed is justice denied&#8221;. If you are the spouse who needs information, or the resolution of a key issue, or a <span class="text_exposed_show">change in custody, or some other matter that needs to be decided, you may find yourself suddenly facing a series of setbacks, because the one thing you can count on for any given family court to do is allow additional delay. Of course, these same courts act frustrated and mystified when cases continue to come back before the court, apparently unaware that the same dynamic of granting continuance after continuance makes it more difficult, rather than less, to get things resolved.</span></p>
<p>The most common type of roadblock is the &#8220;I am unavailable next month&#8221; roadblock. Sometimes it comes from attorneys, sometimes from the other party. Either way, it can buy at least one additional month.  If you combine this with the other roadblocks, you have a winning strategy in which you can wage a war of attrition and wear down the other side, financially and psychologically.</p>
<div class="text_exposed_show">
<p>Another type of roadblock is the &#8220;discovery&#8221; roadblock. Usually one party has the information and the other party wants to see it. Although there are those who ask for discovery (information from the other side officially requested) for an improper purpose, I have never seen it in a family law case. Each and every time I see someone resisting the disclosure of information, it is because they have something to hide. Whether it is an unfavorable custody report from another state, or a previously undisclosed bank account, the lame excuses pile up, and the courts curiously buy it. I suspect that is usually not because the courts actually believe the information is going to be used improperly or is done to harass, but because discovery extends the life of the very same case the courts ostensibly wish to clear from the docket.</p>
<p>Thus, a party may face delay after delay, where the party with the info bleeds out tiny pieces of information over a year, mostly incomplete, and their attorney then goes before the court and states that &#8220;everything has been disclosed&#8221;. Because of the volume of these documents and cases, courts often make &#8220;credibility&#8221; determinations rather than examining the documents. This is exactly why you can get crazy decisions out of family courts. There are simply too many cases, too many attorneys who take advantage of it and too few judges.</p>
</div><p>The post <a href="https://www.wallacefrancis.com/throwing-up-roadblocks-in-family-law-cases/">Throwing Up Roadblocks In Family Law Cases</a> first appeared on <a href="https://www.wallacefrancis.com">Northern California Attorney Wallace Francis</a>.</p>]]></content:encoded>
					
		
		
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		<title>New Voices: Parental alienation – time to notice, time to intervene- By Sue Whitcombe</title>
		<link>https://www.wallacefrancis.com/new-voices-parental-alienation-time-to-notice-time-to-intervene-by-sue-whitcombe/</link>
		
		<dc:creator><![CDATA[Wallace Francis]]></dc:creator>
		<pubDate>Tue, 19 May 2015 22:22:45 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<guid isPermaLink="false">http://www.wallacefrancis.com/?p=794</guid>

					<description><![CDATA[At this precise moment I’m in some manic, hyperactive mode that is suppressing my exhaustion as I beaver away at my urgent ‘to do’ list ahead of my Friday flight to Spain. Twelve days. Twelve whole days in which I am banned from using my computer, accessing e-mails and reading anything remotely related to my  [...]]]></description>
										<content:encoded><![CDATA[<p>At this <a href="https://thepsychologist.bps.org.uk/volume-27/january-2014/new-voices-parental-alienation-%E2%80%93-time-notice-time-intervene">precise moment</a> I’m in some manic, hyperactive mode that is suppressing my exhaustion as I beaver away at my urgent ‘to do’ list ahead of my Friday flight to Spain. Twelve days. Twelve whole days in which I am banned from using my computer, accessing e-mails and reading anything remotely related to my research – express orders from my 15-year old daughter. I had promised her that things would be different once the ‘conference season’ was over. I hadn’t quite anticipated the knock-on effects of disseminating my research.</p>
<p>My interest in psychology developed from the intertwining of two distinct threads. First, as a teacher of young people with additional needs, learning difficulties and social, emotional and behavioural problems, I became interested in their development, how they learn and barriers to their learning. As I came to know my students better, I found myself in awe of many of them. Just how did they actually manage to get into school with such regularity, considering the difficulties and challenges they faced daily, let alone engage with their learning? Second, I succumbed to a long period of debilitating depression: I had a burning need to understand why.</p>
<p>My journey into counselling psychology took a while longer. To be frank, like many I had never heard of counselling psychology. My recently acquired psychological understanding, my new-found sense of self and experience of personal therapy had changed my relationships with others. Friends and family found me to be supportive, empathic and non-judgemental, turning to me for advice, to sound off or for a shoulder to cry on. A therapeutic role seemed like an option worthy of serious consideration, but I was also keen to maintain my burgeoning interest in research. Then my daughter and I developed a friendship with a father and his similarly aged daughter, whiling away many an enjoyable Saturday together. I was totally unprepared for the devastating fallout of one ordinary Saturday afternoon where I witnessed a minor disagreement between dad and daughter – over a mobile phone and a bicycle. Immediately following that trivial disagreement, this young girl ceased all contact with father; she has refused to speak to or see him for the past three years. Even as a bystander, this experience has had a profound impact on me.</p>
<p><strong>Discovering parental alienation</strong><br />
I thought I knew children and young people quite well. After all, I had three of my own and I had worked with them for 10 years; I understood child and adolescent behaviour didn’t I? So challenged was I by the behaviours I had observed, that I sought to gain an informed understanding. This was when I came across ‘parental alienation’ (PA). The more I read, the more I understood, the greater my shame, guilt and sadness. Shame that I had usually taken what I saw before me at face value and not sought to look deeper; guilt that my ignorance had probably contributed to the alienation; sadness at the growing realisation that there was very little I could do to rectify the situation for this young girl and her dad. Witnessing the devastating repercussions on the lives of people I loved and cared about, motivated me to ‘do’ something. So began my research, my determination to raise awareness of PA and to develop resources and support where little existed – and my training as a counselling psychologist.</p>
<p>Parental alienation is the unwarranted or illogical rejection of a parent by a child, where there was previously a normal, warm, loving relationship. It most often occurs in highly conflicted relationship break-ups and is the result of intentional or unintentional actions, most usually by the parent with care turning their child against the non-resident parent (NRP). Over a period of time, this poisoning effect leads to the child becoming hostile, vitriolic and abusive, usually culminating with the total rejection of the NRP.</p>
<p>This rejection is often the only ostensible solution for a distressed child who is unable to deal with the hostility and conflict between parents. Faced with the cognitive dissonance arising from the imbalance between their own experience and external messages, a child feels compelled to choose between one parent and the other in order to minimise distress and maintain what is needed – stability. This manifests itself in a splitting defence, whereby a child views one parent as all good, and the other as all bad, unable to manage the reality that there is good and bad in both. Once PA has become entrenched it is particularly resistant to remedy other than through the passage of time (Fidler &amp; Bala, 2010).</p>
<p>A pattern of behaviours common to cases of alienation was first described by Gardner (1985) and further refined in later research (Gardner, 2003). Whilst Gardner’s research has been criticised as over-simplified, theoretical and subject to lack of peer review, he did bring the issue of PA to the attention of the legal, mental health and social care professions (Faller, 1998; Kelly &amp; Johnston, 2001; Spruijt et al., 2005). Gardner’s behaviours and symptoms have been further explored and developed and while this research cannot confirm causality, the strategies and behaviours identified are believed by the participants to be alienating (e.g. Baker, 2005; Baker &amp; Darnall, 2006, 2007).</p>
<p>Whilst in the short term children who reject their parent may appear to function reasonably well in their day-to-day lives, the medium and long-term effects can be significant and distressing (Waldron &amp; Joanis, 1996). Evidence suggests that the lifelong effects of losing contact with a parent due to a child’s rejection for no significant reason are substantial. Depression, substance abuse, damaged self-esteem, and enduring relationship issues with lack of trust, divorce and alienation from their own children have been found in adults who experienced PA as a child (Baker, 2005, 2007). Not only do these children have to deal with their belief that their parent was a ‘bad’ person, but the later recognition that they have been forced to exclude a loving, caring, decent parent from their life may cause irreversible damage to their relationship with the alienating parent (Clawar &amp; Rivlin, 1991).</p>
<p><strong>American twaddle?</strong><br />
There are of course perfectly legitimate reasons why a child may reject a parent – as in cases of genuine neglect, physical or sexual abuse, or violence in the home. These cases of genuine estrangement are not covered by PA, which is characterised by a dislike and rejection of a parent for no apparent logical, significant reason.</p>
<p>Whilst the concept of PA is acknowledged and even seen as mainstream in many countries, it remains contentious and continues to be hotly debated as evidenced by the recent deliberations surrounding its inclusion in DSM-5 (Bernet et al., 2010). It is difficult to determine whether the benefits of a diagnosis of such a psychiatric disorder outweigh the risks.  Risk of harm may be further exacerbated due to an increase in parental conflict following such a diagnosis, which might suggest that one parent was to blame for the situation. Such a diagnosis may be counterproductive in the reparation process. However, the absence of PA in nosologies such as the DSM, enables its denial by some, and has been blamed for a lack of research and appropriate resources to support conflicted, separating families and young people.</p>
<p>Although there are hundreds of peer-reviewed articles by psychologists, psychiatrists, legal and social work professionals attesting to the concept and presence of PA in highly conflicted divorce cases, it has rarely been openly or formally discussed in the UK. Anecdotal evidence, and the preliminary findings in my research, suggest that the concept is perceived as ‘American twaddle’ and is most usually dismissed out of hand by the judiciary, solicitors and Cafcass officers when raised in family proceedings, despite clear reference to PA throughout the Cafcass Operating Framework (Cafcass, 2012).</p>
<p>I’ve been immersing myself in the literature around PA for three years now – scouring every journal article, magazine posting, book chapter, seminar, support group and blog that deals with the issue from one perspective or another. I have met with so many parents who have lived with PA on a daily basis – who deal with pain, loss, shame, guilt, anger, rejection, disbelief, depression, sadness, ignorance and judgement. I have met many more counsellors, psychologists, academics, teachers, social workers and lawyers who have never heard of PA. And then there are those people that happenstance dictates I bump into. In polite conversation they ask me why I’m going to a conference, or what I’m researching. After checking out – ‘Do you really want to know?’ (lest I should bore them) – I explain to them what PA is, and what my research is about. It never ceases to surprise and dismay me, the number of times I hear ‘that happened to my son’ or my partner, my daughter or my friend, a colleague.</p>
<p>I feel driven to raise awareness of PA in those professionals who work on a daily basis with those whose lives are damaged by this tragedy. I feel driven to raise awareness in the general public, so that PA can no longer be denied or swept under the carpet in the same way as childhood sex abuse used to be. This lack of awareness exacerbates the alienation process and its impact on children and parents alike.</p>
<p>My decision  to present at conferences this year, and particularly the Division of Counselling Psychology conference in Cardiff, was very much motivated by this desire to raise awareness in professionals who will come across PA in their daily work, yet may not be aware of it. Early responses from participants in my research align with the anecdotal evidence; many parents who have experienced PA are highly critical of their experience with psychologists. I am also keenly aware that whilst encouraging participation in my research by asking potential participants to ‘add their voice’to my study, many are sceptical whether their voice will actually be heard. After all – few people have listened to them or tried to understand their situation to date.</p>
<p><strong>Validation</strong><br />
My experience at the Division of Counselling Psychology conference this year was a very emotional and rewarding one. Prior to my attendance, I had been advised that I had been awarded the BPS Division of Counselling Psychology (DCoP) Trainee of the Year prize for my work entitled ‘Psychopathology and the conceptualisation of mental disorder: The debate around the inclusion of Parental Alienation in DSM-5’ (Whitcombe, 2013). I was to receive the award at the conference. What I could not have envisioned was that my poster presentation ‘The lived experience of alienated parents: Developing a Q sort’ would also be judged as best at the conference. Yes, I feel some pride, but my overwhelming emotion is one of validation: validation by my peers and my chosen profession that PA and the experience of parents in this situation is especially worthy of discussion and research.</p>
<p>Presenting at the DCoP conference and then at the PsyPAG conference in Lancaster the following week, I feel that I achieved my objective: the voices of my research participants were heard. It is a small step in the right direction. But then there are also those knock-on effects, the ones I mentioned at the outset, which have found me (under my daughter’s orders) in need of enforced holiday relaxation before embarking on the final year of my doctorate.</p>
<p>Since returning home I have been inundated with e-mails, suggestions and requests; requests for more information about PA; to write articles; suggestions for collaborative research – even an invitation to make representation to a national government. Perhaps the time is just right to be talking about parental alienation. If we fail to acknowledge it, to understand it and start to address it, we are complicit in condemning so many families to a life with limited hope, little support and the lifelong impact of relationship difficulties, mental health problems and a diminished sense of self.</p>
<p>Sue Whitcombe is a trainee counselling psychologist and lecturer in psychology <a href="mailto:suewhitcombe@o2.co.uk">suewhitcombe@o2.co.uk</a></p><p>The post <a href="https://www.wallacefrancis.com/new-voices-parental-alienation-time-to-notice-time-to-intervene-by-sue-whitcombe/">New Voices: Parental alienation – time to notice, time to intervene- By Sue Whitcombe</a> first appeared on <a href="https://www.wallacefrancis.com">Northern California Attorney Wallace Francis</a>.</p>]]></content:encoded>
					
		
		
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		<title>High Conflict Personality chart from Bill Eddy</title>
		<link>https://www.wallacefrancis.com/high-conflict-personality-chart-from-bill-eddy/</link>
		
		<dc:creator><![CDATA[Wallace Francis]]></dc:creator>
		<pubDate>Sat, 16 May 2015 14:53:24 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<guid isPermaLink="false">http://www.wallacefrancis.com/?p=790</guid>

					<description><![CDATA[Cognitive Distortions And Litigation Few legal professionals understand the attraction of those with personality disorders or traits to the legal process. Yet a comparison of characteristics shows a perfect fit, which may explain why they increasingly show up in court as High Conflict Personalities. Characteristics of HCPs Characteristics of Court Process Lifetime Preoccupation: Blaming others Purpose: Deciding  [...]]]></description>
										<content:encoded><![CDATA[<h4>Cognitive Distortions And Litigation</h4>
<p>Few legal professionals understand the attraction of those with personality disorders or traits to the legal process. Yet a comparison of characteristics shows a perfect fit, which may explain why they increasingly show up in court as High Conflict Personalities.</p>
<table border="1" width="95%" cellspacing="0" cellpadding="5">
<tbody>
<tr>
<td valign="top" bgcolor="#336666"><strong>Characteristics of HCPs</strong></td>
<td valign="top" bgcolor="#336666"><strong>Characteristics of Court Process</strong></td>
</tr>
<tr>
<td valign="top">Lifetime Preoccupation: <strong>Blaming others</strong></td>
<td valign="top">Purpose: <strong>Deciding who is to blame</strong>, who’s guilty</td>
</tr>
<tr>
<td valign="top">Avoid taking responsibility</td>
<td valign="top">Court will hold someone else responsible</td>
</tr>
<tr>
<td valign="top">All-or-nothing thinking</td>
<td valign="top">Guilty or not guilty are usually the choices</td>
</tr>
<tr>
<td valign="top">Seek attention and sympathy</td>
<td valign="top">One can be center of much attention</td>
</tr>
<tr>
<td valign="top">Aggressively seek allies</td>
<td valign="top">Gather and bring many advocates to court</td>
</tr>
<tr>
<td valign="top">Speak in dramatic and emotional extremes</td>
<td valign="top">Argue or testify in dramatic and emotional extremes</td>
</tr>
<tr>
<td valign="top">Focus intensely on other’s past behaviors</td>
<td valign="top">Hear or give testimony on other’s past behaviors</td>
</tr>
<tr>
<td valign="top">Punish those guilty of “harming” you</td>
<td valign="top">Court is the most powerful place to impose punishment in our society</td>
</tr>
<tr>
<td valign="top">Try to get others to solve your problems</td>
<td valign="top">Many professionals will work hard to solve your problems</td>
</tr>
<tr>
<td valign="top">It’s okay to lie if you feel desperate</td>
<td valign="top">In reality, the court rarely acknowledges or punishes lying (perjury)</td>
</tr>
</tbody>
</table><p>The post <a href="https://www.wallacefrancis.com/high-conflict-personality-chart-from-bill-eddy/">High Conflict Personality chart from Bill Eddy</a> first appeared on <a href="https://www.wallacefrancis.com">Northern California Attorney Wallace Francis</a>.</p>]]></content:encoded>
					
		
		
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		<title>Child Custody Disputes: how can you tell there is going to be trouble?</title>
		<link>https://www.wallacefrancis.com/child-custody-disputes-how-can-you-tell-there-is-going-to-be-trouble/</link>
		
		<dc:creator><![CDATA[Wallace Francis]]></dc:creator>
		<pubDate>Fri, 15 May 2015 23:04:51 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<guid isPermaLink="false">http://www.wallacefrancis.com/?p=787</guid>

					<description><![CDATA[Probably the single most important factor to examine is father or mother's new significant other.  When you have children, the unfortunate thing for many of us is that we are bound for the rest of our lives to someone who we no longer (and may never have) mesh with.  That relationship can continue, in a  [...]]]></description>
										<content:encoded><![CDATA[<p>Probably the single most important factor to examine is father or mother&#8217;s new significant other.  When you have children, the unfortunate thing for many of us is that we are bound for the rest of our lives to someone who we no longer (and may never have) mesh with.  That relationship can continue, in a different way, if that person allows it to.  Some people do not want the relationship to end.  They may no longer wish to be with you, but they also don&#8217;t want you to be with someone else.  That is because many relationships are about imposing control over the other person, and not about anything else.</p>
<p>The only worse than this kind of person is if that person finds another person like them.  Two people with personality disorders can have a synergistic effect in that individually, these people might be trouble, but together they spell a disaster for the family, and yes, even themselves.</p>
<p>The new girlfriend now sees mother as a threat that must be destroyed, rather than a potential ally in the difficult new life each of them face.  Unable to achieve cooperation, they resort to an all-out attack upon the other party.  If anyone warns you about the new significant other of your ex, take heed.</p><p>The post <a href="https://www.wallacefrancis.com/child-custody-disputes-how-can-you-tell-there-is-going-to-be-trouble/">Child Custody Disputes: how can you tell there is going to be trouble?</a> first appeared on <a href="https://www.wallacefrancis.com">Northern California Attorney Wallace Francis</a>.</p>]]></content:encoded>
					
		
		
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