Legal Strategies to Combat Parental Alienation
Introduction
It is a situation where one parent makes a child develop hostility towards the other one through different ways which are not good for the child. This is most commonly seen in cases involving divorces and child custody, especially when the two parties are highly likely to clash. The effects of parental alienation include the deterioration of the parent-child bond between the targeted parent and the child. There are a number of legal approaches that may be taken by the targeted parent in order to prevent or deal with parental alienation.
Parental Alienation: Definition, Symptoms, Effects, and Causes
Parental alienation syndrome (PAS) is a phenomenon whereby one parent influences the child to develop a negative attitude towards the other parent without any reason. PAS disrupts the bond between the child and the focused parent and may have short and long-term emotional and psychological consequences. It is believed that PAS affects 11-15% of divorced families and is more prevalent where there is a fight for legal custody of the children.
The signs linked with parental alienation
Oftentimes, parental alienationbehaviors are calculated to harm and undermine the child’s relationship with the other parent. Examples include:
– Posting ill remarks about the parent that has been singled out
– Preventing the child and the targeted parent from communicating
– Informing the child that the other parent does not love them
– Withdrawing affection and the use of gifts and communication to pressure the child into submission
– Denying visitation rights
If the situation is prolonged, the child may unfairly develop fear, disrespect, and hatred towards the targeted parent.
The following are the negative effects of parental alienation on children:
Some of the effects of the manipulation and psychological abuse connected with parental alienation include disturbances in a child’s emotional, psychological and social development. Potential effects include:
– Lack of self-esteem or self-contempt
– Lack of trust
– Depression, anxiety, and substance abuse are common mental health disorders that can be well-managed.
– Family disintegration and lack of social resources
– Guilt and conflict of loyalty
These issues can go on to adulthood with continuing relationship problems.
Using Child Custody Litigation
The legal strategy involving the use of family court litigation and filing of motions concerning child custody and visitation schedules is another approach to handling parental alienation. Potential motions include:
– Asking for make-up or supervised visitation time in case the non-custodial parent is denied visitation rights
– Changing custody arrangements and visitation rights
– This is the reason why it is suggested to order a custody evaluation with a focus on parental alienation.
– Requiring the child and parents to attend counseling like reunification therapy.
They also allow the court to hear evidence of alienation so as to order for changes to be made such as therapy sessions.
GALs must be appointed by the court for a child who is involved in a judicial proceeding.
A guardian ad litem (GAL), for instance, is an attorney who is appointed to represent the best interest of a child in a legal case. GAL is useful in cases involving high levels of parental conflict since it ensures that children have a voice, not to make recommendations that favour either parent, but rather make recommendations that will benefit the children in a court of law.
Using Expert Testimony
Specialists such as psychologists and psychiatrists can offer opinion and written reports to the court in relation to the PAS allegations. Due to their professional experience, they can recognize the source of such behaviors, the impact on children, and suggest actions. Judges consider the opinions of experts to be very persuasive when it comes to issues of custody and penalties.
Pleadings to change the custody of the child The legal processes, which are described in this paper, includes: Requesting a change of custody.
In more serious cases where one parent attempts to alienate the child from the other parent, the targeted parent often seeks a change or reversal of legal custody. The court may decide that it would be beneficial for the child to be with the targeted parent most of the time when the other parent has proven to be unresponsive to visitation schedules, fabricates abuse allegations, or consistently sabotages the child’s relationship with the other parent.
Asking for Sanctions and Contempt Orders
Those parents who ignore the custody orders and consciously fail to honor visitation rights can be charged with contempt of court to be backed by sanctions such as fines, community service, probation terms or imprisonment. The threat of sanctions for contempt ensures compliance with court orders on access and management of time and responsibilities between the parents. Sanctions are also designed to prevent stigmatizing behaviors.
Enforcing No Contact Orders
Restraining orders preventing any form of interaction between the child and the parent may be made for a specified time frame. These are meant to offer a buffer and respite when PA behaviors are egregious . This helps to prevent further exploitation of the child as the parents undergo counseling or reunification therapy. No contact orders with counseling promote healthier parentage over time since better parenting techniques can be practiced.
Such forces as Counseling and Education Programs for Victims of Human Trafficking
Psychiatric evaluations and other mental health services may be prescribed concurrently with alterations in visitation and parenting plans. Counseling, parent education classes, and reunification therapy will enable the parents to grasp the effects of alienation, comprehend civil and constructive ways of communicating and interacting, and mend the broken relationships between the parent and the child. Therapy avails defensive measures to counteract the effects of psychological trauma on children.
Measures of Protecting against False Child Abuse Reporting
Alas, fabrication of child abuse is another favorite manipulative tactic to malign the other parent and undermine the parent-child bonds. Along with child custody motions, targeted parents may consider filing:Along with child custody motions, targeted parents may consider filing:
– A motion of contempt if the allegation breaches a current court order
– A note to child protective services due to malice and to document false allegations
– A defamation lawsuit against the other parent
These offer penalties for this type of emotional abuse.
In Conclusion
Parental alienation is an emotional damage that happens when a parent brainwashes a child against the other parent. The legal avenues include child custody litigation, GAL appointment, mental health, motions for contempt and sanctions, and counseling. Though, such legal measures assist in curtailing the acts that alienate the children and promote compliance with proper parenting, these actions do not necessarily heal the rift. The restoration of parent-child relationships needs intervention strategies that involve family treatments.