Parental Alienation in Family Court

Updated 8/24/2021

​Parental Alienation Syndrome (“PAS”) was first termed by Dr. Richard Gardner in the early 1980’s as a disorder resulting from the brainwashing of a child against the other parent that primarily arises during custody disputes. It is important to note that “parental alienation syndrome” has not been recognized as a disorder by the American Psychological Association, the American Psychiatric Association, or the American Medical Association. 

Even though PAS may not be universally recognized as science, “parental alienation” is a term frequently used in Court to describe systematic and specific actions of one parent intended to alienate a minor child from the other parent. Judges across the country approach this subject very differently with some dismissing the argument even when presented by a medical expert while other Judges appear open if not to the syndrome then at least to the idea of “parental alienation.” It is important to discuss with your family law attorney how your Judge may react to allegations of parental alienation whether being presented by you or the other parent. Keep in mind that some parents raise allegations parental alienation whenever they have been accused of abuse or when they feel they are not receiving adequate visitation. That being said isolation of a minor child from a non-custodial parent does give ample opportunity for a primary caregiver to unduly influence an impressionable minor child regardless of age.

Signs of parental alienation

• Child doesn’t have positive reaction to gifts or affection from the targeted parent
• Child interprets actions of targeted parent with sinister motives
• Child forgets past positive events with the targeted parent
• Child has black and white view of parents- one all bad, the other all good
• Child makes statements that seem coached and denies coaching by other parent
• Child has anger towards targeted parent out of proportion to reality of situation
• Child refuses to listen to another version of facts contradicting alienating parent’s version
• Child downplays feelings of targeted parent as unimportant compared to alienating parent
• Child treats the targeted parent worse when around alienating parent
• Child has negative feelings for targeted parent that extend to rest of family for no reason

Case Law on “PAS” and “Parental Alienation”

State v. Fuller, 160 N.C.App. 250 (N.C.App. 2003)
Allowed expert testimony of PAS without ruling on its admissibility or validity as a scientific theory.
 
C.J.L. v. M.W.B, 879 So.2d 1169 (Ala.Civ.App. 2003) (Dicta)
PAS was not generally accepted in the scientific community.
 
Snyder v. Cedar, 2006 Conn. Super. LEXIS 520 (2006)
PAS did not have “any scientific basis” and that the syndrome was not part of credible scientific studies.
 
People v. Fortin, 705 N.Y.S.2d 611 (N.Y. Crim. Ct. 2000)
Testimony of expert on PAS was rejected, holding that it was not shown to be a theory generally accepted in the scientific community and thus was inadmissible.
 
Kilgore v. Boyd, 13th Circuit Court, Hillsborough County, FL, Case No. 94-7473, 733 So.2d 546 (Fla.2d DCA 2000); Boyd v. Kilgore, 773 So.2d 546 (Fla.3d DCA 2000)
Court ruled PAS has gained general acceptance in the scientific community and thereby satisfies the Frye test criteria for admissibility.
 
Barton v. Hirshberg, 767 A.2d 874, 891 (Md.App 2001)
The Court found the child was at risk for parental alienation syndrome and upheld the lower court decision to award joint custody.

In re Marriage of Kajazovic, 2002 WL 575713 (Iowa Ct.App. Mar. 13, 2002)
The court overturned the lower court’s decision to award an abusive father custody of the child based in part on his attempts to alienate the child from the mother.

Proving Parental Alienation

1. Know your Judge – Is he or she receptive to the science or at least the concept?
2. Is hiring an expert worth the expense and is your Judge going to listen?
3. Do you have witnesses to testify about what the other parent did or said or that can testify about a change in behavior of the minor child?
4. Do you have recordings or emails that show alienation?
5. Physical evidence like photos and school records may show a change in behavior of the minor child that can be linked back to alienation.
6. Do you want your child to testify or speak with the Judge?
7. Asking for a Guardian ad Litem or custody evaluation- understand the pros and cons.
8. Realize that proving parental alienation is harder than it seems and is often countered with allegations of mental and/or physical abuse against the complaining parent. 

​Tortious Interference with Custody Rights

This is essentially a civil action for money owed due to harm to a parent who is deprived access to their child or children.  A related cause of action could also potentially be alleged for Negligent or Intentional Inflection of Emotional Distress. A good starting point for research on this issue includes Recognition and Application of Common Law Action for Tortious Interference with Parental Rights, 103 A.L.R.6th 461 (2015) and, for North Carolina specifically, Hinton-Lynch v. Frierson, 2016 N.C. App. 182, 716 S.E.2d 440 (unpublished 2011).  ​