Does parental alienation hold up in court?
Unfortunately, it is not unusual for alienation to go unchecked until the court steps in. California family courts are required to consider the best interests of the child in any custody matter, which includes considerations of parental alienation; but proving alienation can be difficult.
Does parental alienation affect custody?
Parental alienation is a factor affecting many custody cases today, but many are abusing these claims. There is much controversy surrounding parental alienation syndrome and how it can influence the outcome of a case.
How do courts view parental alienation?
The Family Courts recognise that parental alienation can have serious and emotionally damaging effects on the children’s psychological well-being. The Court found that the Mother’s conduct caused emotional harm to the children and it represented an unacceptable risk of harm to the children if such harm continued.
What can a judge do about parental alienation?
If the court finds that a parent has encouraged children to violate their parenting plan, the judge has the authority to place the children in the custody of the rejected parent and order further intervention and sanctions upon the alienating parent.
Can you sue your ex for parental alienation?
Your attorney may file a Motion for Contempt of Court when you allege parental alienation that indicates your ex is in violation of your court-ordered parenting plan. This motion involves asking the court to become involved and hold your ex in contempt for the violation of the court’s parenting plan order.
How do you beat parental alienation in court?
If you feel you are a victim of parental alienation, here are a few tips to help you fight back and demonstrate parental alienation to the court.
- Keep a journal.
- Ask to see child in writing.
- Seek counseling.
- Remain persistent.
Is alienating a parent illegal?
Parental alienation in itself is not a crime, but evidence of alienation can be used to modify custody or visitation orders in favor of the wrongly alienated parent. If a parent has committed a crime while attempting to alienate the other parent, this could result in separate criminal charges.
How do you heal from parental alienation?
Give away your power.
- Make sure you never give your power away; particularly to your ex or your child.
- Do not act like a peer to your child.
- Realize you are in a psychological battle.
- Think in terms of relationship energy.
- Demonstrate Empathy.
- Listen (without personalizing.)
How do you fight parental alienation?
To stop parental alienation, work to maintain a positive, loving relationship with the child so that the child feels safe with you. Consider speaking with the other parent about behaviors you’ve noticed. If the alienation continues, consider parenting classes, therapy, and going to the Court for help.