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Parental Alienation in Family Court

4/23/2017

5 Comments

 
Unhappy Family
​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. 
5 Comments
Geri Sloop
10/11/2017 08:42:24 am

I have some questions about parental alienation. My son's father says we don't need a custody agreement but he is not allowing me contact with my son

Reply
Jason Witt
10/11/2017 02:00:43 pm

If the other parent refuses to let you see your child, then it is time to file a court action for custody or at least visitation. The longer you wait to file the more it looks like you don't care about not seeing your son.

Reply
Robin Allman
2/21/2018 12:09:09 pm

I wish I had found this blog sooner! My husband's ex has turned his daughter against him. He has not seen her in three years. She turned 18 in December and now wants to file an action for adult adoption by her stepfather. My husband pays child support. Do we have to file a motion to terminate child support in June after she graduates? If she is adopted by her stepfather before June, is my husband still obligated to pay support?

Reply
Jason Witt
2/21/2018 12:22:23 pm

You would need to read the child support order to see if it states child support automatically terminates upon graduation. If the payor is under wage garnishment this may require filing a motion to terminate or may simply take a phone call to your local child support caseworker.

I do not handle adoption issues so the biological father may want to reach out to another attorney if he wants to oppose that action. If the other party is money hungry they will probably delay any adoption until after child support is completed.

Reply
Cathy Michael link
10/1/2020 10:55:47 am

Thanks for your site! Here are possibly more cases worth posting!

Parental Alienation Syndrome - PAS - U.S.A. Case Law
The following is part of the case law in the Unites States of America regarding Parental Alienation Syndrome (PAS)

Alabama

Berry v. Berry, Circuit Court of Tuscaloosa County, AL, Case No. DR-96-761.01. Jan 06, 2001
Alaska

Pearson v. Pearson, Sup Ct. of AK., No. S-8973, No. 5297, 5 P.3d 239; 2000 Alas. Lexis 69. July 7, 2000.
Arkansas

Chambers v. Chambers, Ct of App of AR, Div 2; 2000 Ark App. LEXIS 476, June 21, 2000.
California

Coursey v. Superior Court (Coursey), 194 Cal.App.3d 147,239 Cal.Rptr. 365 (Cal.App. 3 Dist., Aug 18, 1987.
John W. v. Phillip W., 41 Cal.App.4th 961, 48 Cal.Rptr.2d 899; 1996.
Valerie Edlund v. Gregory Hales, 66 Cal. App 4th 1454; 78 Cal. Rptr. 2d 671.
Colorado

Oosterhaus v. Short, District Court, County of Boulder (CO), Case No. 85DR1737-Div III.
Connecticut

Case v. Richardson, 1996 WL 434281 (Conn. Super.,Jul 16, 1996).
Metza v. Metza, Sup. Court of Connecticut, Jud. Dist. of Fairfield, at Bridgeport,
1998 Conn. Super. Lexis 2727 (1998).
Florida

Schutz v. Schutz, 522 So. 2d 874 (Fla. 3rd Dist. Ct. App. 1988).
Blosser v. Blosser, 707 So. 2d 778; 1998 Fla. App. Case No. 96-03534.
Tucker v. Greenberg, 674 So. 2d 807 (Fla. 5th DCA 1996).
Berg-Perlow v. Perlow, 15th Circuit Court, Palm Beach County, Fl.,Case no. CD98-1285-FC. Mar 15, 2000.
An exceptionally strong family court decision in which five experts testified to the diagnosis of PAS.
Loten v. Ryan, 15th Circuit Court, Palm Beach County, FL., Case No. CD 93-6567 FA. Dec 11,2000.
Kilgore v. Boyd, 13th Circuit Court, Hillsborough County, FL., Case No. 94-7573, 733 So. 2d 546 (Fla. 2d DCA 2000) Jan 30, 2001.
Boyd v. Kilgore, 773 So. 2d 546 (Fla. 3d DCA 2000) (Prohibition Denied)
Court ruling that the Parental Alienation Syndrome has gained general acceptance in the scientific community and thereby satisfies Frye Test criteria for admissibility.
McDonald v. McDonald, 9th Judicial Circuit Court, Orange County, FL. Case No. D-R90-11079, Feb 20, 1001.
Blackshear v. Blackshear, Hillsborough County, FL 13th Jud. Circuit: 95-08436.
Illinois

In re Violetta 210 III.App.3d 521, 568 N.E2d 1345, 154 III.Dec. 896(Ill.App. I Dist Mar 07, 1991).
In re Marriage of Divelbiss v. Divelbiss, No. 2-98-0999 2nd District, Ill.(Appeal from Circ Crt of Du Page Cty No. 93-D-559) Oct 22, 1999.
Tetzlaff v. Tetzlaff, Civil Court of Cook County, Il., Domestic Relations Division, Cause No. 97D 2127, Mar 20, 2000.
Bates v. Bates 18th Judicial Circuit, Dupage County, IL Case No. 99D958, Jan 17, 2002.
Court ruling that the Parental Alienation Syndrome has gained general acceptance in the scientific community and thereby satisfies Frye Test criteria for admissibility.[excerpt]
Indiana

White v. White, 1995 (Indiana Court of Appeals) 655 N.E.2d 523. (Ind. App., Aug 31, 1995).
Iowa

In re Marriage of Rosenfeld, 524 NW 2d 212, 214 (Iowa app, 1994).
Louisiana

Wilkins v Wilkins, Family Court, Parish of East Baton Rouge, La., Civ. No. 90792. Nov. 2, 2000.
Michigan

Spencley v. Spencley, 2000 WL 33519710 (Mich App).
Nevada

Truax v. Truax, 110 Nev. 437, 874 P. 2d 10 (Nev., May 19, 1994).
New Hampshire

Lubkin v. Lubkin, 92-M-46LD Hillsborough County, NH. (Southern District, Sept. 5, 1996).
New Jersey

Lemarie v. Oliphant, Docket No. FM-15-397-94, (Sup Crt NJ, Ocean Cty:Fam Part-Chancery Div) Dec. 11, 2002.
New York

Rosen v. Edwards (1990) Tolbert, J. (1990), AR v. SE. New York Law Journal, December 11:27-28.
The December 11, 1990 issue of The New York Law Journal [pages 27-28] reprinted, in toto, the ruling of Hon. J. Tolbert of the Westchester Family Court in Westchester Co.
Karen B v. Clyde M., Family Court of New York, Fulton County, 151 Misc. 2d 794; 574 N.Y. 2d 267, 1991.
Krebsbach v. Gallagher, Supreme Court, App. Div., 181 A.D.2d 363; 587 N.Y.S. 2d 346, (1992).
Karen PP. v. Clyde QC. Sup Ct of NY, App Div, 3rd Dept. 197 A.D. 2d 753; 602 N.Y.s. 2d 709; 1993 N.Y. App. Div. LEXIS 9845.
In the matter of J.F. v. L.F., Fam. Ct. of NY, Westchester Cty, 181 Misc 2d 722; 694 N.Y.S. 2d 592; 1999 N.Y. Misc. LEXIS 357.
Oliver V. v. Kelly V., NY Sup. Ct. Part 12. New York Law Journal Nov. 27, 2000.
Sidman v. Zager, Family Court, Tompkins County, NY: V-1467-8-9-94.
Ohio

Sims v. Hornsby, 1992 WL 193682 (Ohio App. 12 Dist., Butler County, Aug 10 1992).
Zigmont v. Toto, 1992 WL 6034 (Ohio App. 8 Dist Cuyahoga County, Jan 16, 1992).
Pisani v. Pisani, Court of Appeals of Ohio, 8th App. Dist. Cuyahoga Cty. 1998 Ohio App. Lexis 4421 (1998).
Pathan v. Pathan, Case No. 96-OS-1. Common Pleas Court of Montgomery County, OH, Div. of Dom Rel.
Pathan v. Pathan, C.A. Case No. 17729. Ct. of App. of OH, 2d Dist., Montgomery County; 2000 Ohio App. Lexis 119. Jan. 21, 2000
Conner v. Renz, 1995 WL 23365 (Ohio App. 4 Dist., Athens County, Jan 19, 1995).
State v. Koelling, 1995 WL 125933 (Ohio App. 10 Dist., Franklin County, Mar 21, 1995).
Pennsylvania

Popovice v. Popo

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    Jason D. Witt
    I was born in Charlotte, NC and have been a practicing attorney for over 15 years in Union and Mecklenburg County.

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