SOCIAL surveys: PARASITES of the "SOCIAL" (or when the Gestapo comes home)

SOCIAL surveys: PARASITES of the "SOCIAL" (or when the Gestapo comes home)

02/16/2009

by future Red


It is still in France of the methods worthy of Vichy and Gestapo organized by "social workers" (put the word brackets to denote a profession akin more to of policing as a real job) and "justice"...

Most of the time the social survey part of an anonymous letter e.g. (Vichy Alive)...

Take a réel…l case ' ex husband of Mrs. Dupont, couple be divorced..Decides to retrieve his children that he has little to obtain divorce and by other means légaux…What will do? An anonymous letter sent to health and Social Affairs...This social survey sent to the judges of the children, who decided the enquête…Why is he going to do an anonymous letter? If (given the subjectivity of the "social" investigators the conclusion of the investigation would withdraw children to the mother for him. donner… after judgment of the judge for children)
Conducting the inquiry? "social workers" of private associations (already when the validity and the subjectivity on exit)...

Therefore to satisfy the revenge of a divorced father who wants to retrieve her children, we already see that justice is going to cost money, that a "social worker" (or antisocial COP) will conduct an investigation in a family the most often has nothing to be reprocher… .you can see the absurdity of the thing?

What is the purpose of the social inquiry:
-Protect children
-To assess the nature of the dangers incurred by the children…
-To assess the material and moral family situation
-To assess the conditions in which live and are raised the children.
-Studying the educational means adapted to the minors in danger for them...

While in the case at bar as in a vast majority of cases, the social investigation was triggered by the former spouse or a person that caused harm to the person under investigation due
Denunciation, délationnez it will always remain some longitudinal

Therefore one or one (eh yes men do not have the monopoly of the social policing and the human garbage) comes in you and you pose to you and your spouse a bunch of questions…dont questions on the past of the spouses, their date of birth, their income, work….

1 - Social surveys are a reflection of traditional ideas

1.1. - The social investigator wrote in his report "that he thinks" and not what he observes, because he is asked to give its opinion, and is often the main criticism to ideological agenda: children should be given to their mother, and especially if they are at an early age. The investigator more often reflects an outdated socio-culture as a scientific truth, also unpublished and evolving.

1.2. - Social survey is contrary to the individual freedom and respect for privacy, out of the flagrant cases of violation of public order and the safeguarding of children (which concerned then more children judge). Until the investigator is looking for clues that could enable it to give its opinion to one of the parental relationship more than the other, this created unnecessary tension, it is untenable for a parent to be told that it is not good enough for the child or the other is "better" to secure, because it is an exclusive competition.
1.3. - On the texts and judicial patterns, it would be the usual "interests of the child" to be assigned to one of the two parents! This is only an expired corresponding to ancient times where you would like that the child was raised by his mother or failing that, by a woman or by the parent "not wrong". Men and women of today live more in an equal without discrimination system, while divorce and "the family" appear to be the last bastion of refuge of juridico-legal and social inequalities, and even the reflection of societal tensions.

1.4. - Should define what is the child's interests or the interests of the child. For us, the overriding interest of the child is to keep both parents and institutions should compete there. The child is in need of emotional stability, the maintenance of the continuity of its bearings where both parents must be in an equal relationship, in principle, without discrimination, without imbalance of power between them, without that child becomes child-blackmail, nor a child hostage or even a child-bargain. It is urgent to eliminate all exceptions to the joint exercise of parental authority.

2 - Social investigation techniques serve children

2.1. - There is first an ambiguity in the text between what is a compliance or objectivity (information on the material situation of the family, on the conditions in which live and are raised children) and which is completely subjective (on the moral situation, on the measures that should be in their interest) which is much more than the opinion of the investigator. This is the confusion between the observed facts and possible preconceptions of the investigator.

2.2.-Often the investigations do that relate the words of one and the other of the parents, without verification, and seen that it is only "gossip" and "rumours" was already used to meet in the procedures, often only to justify the traditional ideology where need to entrust the children to the mother. This reinforces the tensions and oppositions in the couple, and it affects children.

2.3. - The investigator would be a "qualified person", but we have various questions that remain unanswered:

-What training? What degrees?
-What skills? What specificity?
-What articles? What ethics?
-What professional controls?
-What banks?
-What are the criteria for recruitment, accreditation?
-What guarantees for parents?
-What individual responsibility for his words and writings?

2.4. - What are quite specific skills for listening to parents, and especially listening to the children to make an objective report without worsen tensions, etc., without bias?

2.5. - Listening to the word of the children by the investigator is one of the main problems. Where a psychologist is not hasarderait to the transcribe, investigators will allow very quickly, without thorough maintenance, dangerous interpretations for the child and its future.

2.6. - There is no established and recognized rules to make such reports or even to do investigative work. Often, the 1st part is a bit the situation and civil status, found in the court record; 2nd the reflection of interviews and the words of everyone, including children, that is also found in the record presented to justice; the 3rd, in conclusion, the opinion of the investigator which already became a pre-trial under the guise of a "notice" and which is more than one opinion of psychological nature of an observation.

2.7.-Dependence between investigators and judges, it is very typical to say, even if it is a little caricature, that the investigator replied after the fact (after a decision of the j.a.f.) at the request of the judge, as the judge chooses the investigator who will assign a mission based on the result he well.

2.8. - When there is a prior court decision, social survey endorses often the State of affairs which is also often is the result of a coup force (move with the children for example), or compliance with the decision of justice and its continuity holding on the exercise of parental authority and the habitual residence.

2.9. - How to make a survey of the father (or mother) when he (she) is located in the street, without own housing, sometimes even ordered by the same court missionnant the social survey?

2.10. - Duration of social surveys (several months) reinforces the State of affairs, and the lawyers, who know well, just much.

2.11. - Social survey will give a report unbalanced if on the one hand one of the parents is heard in the presence of children in his house, while the other parent is lonely without children in their daily lives.

2.12.-Social surveys that should be only a "snapshot" at a point in the life of the separated couple, persistent impact and are often taken several years after to continue to criticize, guilty one of the parents and the marginalizing of the lives of children.

2.13. - Social surveys are expensive and too often the obligation to pay is made to the fathers with costs. Investigations prices vary on average between half a salary and wages, and this is a further depletion not to mention the legal fees necessary for the study of social survey and the preparation of the hearing, except of course the cases supported by legal aid. Plus, challenge, a priori, on the cost of social surveys is almost impossible, because the final amount is never given at the beginning, and, in addition, parents are in complete ignorance that it will be for them to pay!

2.14.-Psychological social surveys drift can be explained by an old text of 1945 (sic) which encourages them to take a position with a "moral" connotation but should have course today, and on the other hand by the ambiguity of the text (see above 2.1.) which requires the investigator to give its opinion. It is true that some investigators do not fall into this through and giving their opinion indicate that it requires the child to live a balanced with both parents, home plan by failing to give a legal opinion on the principle of the exercise of parental authority.

2.15. - More and more psychologists or therapists (whose status is not set) come to social surveys, and they cannot stop, because their training, to often one-sided interpretations rather than observations. They then away in a serious manner to a takeover there where he was asked to make findings. Psychologists of origin (where this is the case), they come to transgress the rules of this profession to become a psycho-judges, give directions and make the pre-judgments.

2.16. - Expertise psychologiques or médico-psychiatriques represent the same excesses as the parliamentary debate in 1975 had formally excluded such use. The expertises are also less named to felt as pathological cases by the judge, but rather when the parental disagreement persists beyond the social investigation, as to give a pseudoscientific bail in what appears to be then just a "social super-enquête". It could accept this practice of expertise limited to cases actually problematic and in the field of criminal justice or public order. There still a family mediation is a much better efficiency, even order it to let parents manage their relational difficulties. and leave them in the communication system is.

3 - Social surveys are contrary to the Act (N.C.P.C.)

3.1. - First, note that the option of withdrawing the exercise of parental authority to one of the parents is contrary, article 286 C.C. which in fact does advocate the continuity of the rights and duties to remove from duty and rights to one of the parents…

3.2. - The inquiry is unnecessary when at least one parent provides the necessary evidence (N.C.P.C.: s. 144, 146, & 263 for expertise).

3.3. - Social surveys are often also expensive and useless (art. 147 N.C.P.C.).

3.4. - Social surveys are not contradictory in the sense where, very often, there is no verification or evidence, then the investigation itself becomes a more cogent piece for the judge as no other evidence of the record. The presence of a third party to assist one of the parties is still denied even though legal (art. 161 & 162 N.C.P.C.).

3.5. - Unfortunately some lawyers do not transmit copies of the social investigation report, preventing their client to respond (art. 173 N.C.P.C.).

3.6. - Investigators are often taken on the roles and places of the father and the mother party, and give their opinions (art. 237 N.C.P.C.).

3.7. - Investigators approach often questions which are off-topic on the life and past of the couple, no doubt believing well do to give an opinion based, but they come out of the mission of finding them is sought (N.C.P.C.: s. 238, 2nd paragraph of the 244 247). If their comments. lead them to believe that parents are very well both to raise the children, they must say so, and not to seek another argument to justify the exclusion of one of the parents of its responsibilities as well as the daily life of children.

3.8. - It should never be asked to take a position on the legal question of parental authority and its exercise (art. 238 N.C.P.C.-249).

3.9. - 3Rd intelligence applied to article 287-2 DC: "on what there is in the interests of the children" is in total contradiction with the second paragraph of article 249 N.C.P.C., and should remove the notice applied to the investigator in art. 287 2.

3.10. - It cannot be asked to reconcile parents or even to make a mediation which corresponds to a specific process (art. 240 N.C.P.C.).

3.11. - Sometimes we find people cited without indication of the names and references, address, etc., therefore, not possible challenge (art. 242 N.C.P.C.).

3.12. - The investigator should contact the parts that are delivered or he gets (N.C.P.C.: s. 244, 253, 273 & 276 for the expertise), which is rarely done.

4 - Social surveys are used the conflict and non-consensus

4.1. - Social surveys are hurtful because resume details the past of the couple, that he had buried or placed in the Recycle Bin, and who do that revive disputes which were more or less resolved. Some details, true or false, highlight a little or much guilt about the past where should be calm and go towards the future. Is in the "at-any-price" search for arguments to reason or any less than to not be wrong.

4.2. - Social survey is often ordered as a response to a disagreement of a couple, or the social survey does nothing (as opposed to family mediation) these disagreements, and even bitter hardship. The social survey contributes to the conflictual or oppositional aspect taking advantage.

4.3. - Any social survey that will encourage the contrition of the parent emphasizes the confrontational aspect of the relationship between parents and increases force reports, both for the one who feels neglected and marginalized that for the other that to get more power.

4.4. - Social survey is contrary to the individual freedom and respect for privacy (see above 1.2.). Interference creates a defence or rebellion movement which will highlight the difficulties of the parental couple.

4.5. - Any small error, and there are often many, in the report of the social survey will be amplified by person who felt victim, and good the other parent is in news no doubt.

4.6. - Social investigation report will reinforce the feeling of power of one over another, and an agreement will be even more difficult to find.

4.7. - Other and new solutions exist, primarily family mediation practices and should prefer them. Family mediation will mitigate rather that enrich the conflict. Family mediation does not part contrary to the social survey that imbalance. Family mediation allows parents to manage their disagreements without external authoritative decisions. Family mediation is out of the judicial system, so provides less fears. Family mediation cost more than a social survey

Conclusion: A method inherited from Vichy, contrary to the individual freedoms method, leads to investigations carried out by people who do not have the skills, the necessary means to carry out all investigations for false pretexts, unfounded, in families, more…
To satisfy the revenge of a father, a mother or a third party it comes to spending taxpayer money, while often the children in these specific ca are not in trouble…Precisely in these cases, as in other cases, the "social workers" are often not, would it because it is too difficult to investigate cases of paedophilia or abuse?
The most tragic conclusion is that a report of these bouffoneries and these parasites of justice can lead to the separation and the destruction of a family on false charges and the subjectivity of a judge and a "social worker"...

It would be time to review this type of regressive practices in bathers.