It is important for children to have healthy, strong relationships with both parents and to have positive images of both of their parents. During high-conflict custody disputes, parents can occasionally forget this, and some make the poor choice to weaponize their children during the process. This is an issue that family courts have struggled with for years and take very seriously.
If, during your high-conflict custody disputes, you notice that the other parent is intentionally and successfully tarnishing your relationship with your child, contact the Law Office of Darshann M. Wienick. There may be legal recourse available for the well-being of your child. Parental Alienation is a term coined by American Psychiatrist Dr. Richard Gardner. According to Gardner, parental alienation is thought to happen when there is a breakdown in the relationship between a parent and a child, or when a child refuses to have a relationship with a parent, and there is evidence that this refusal is due to manipulation by the other parent.
Parental Alienation is a highly debated concept in the fields of psychology and law. One major concern raised by experts is that psychologist Dr. Richard Gardner developed his theory of Parental Alienation partly to explain an increase in child sexual abuse in the 1980’s. However, research indicates that false abuse allegations in custody disputes are actually rare. Many psychologists are worried about gender bias and believe that the theory of Parental Alienation perpetuates this bias. These concerns are underscored by statements made by Gardner, such as his 2002 comment that alleging child sexual abuse “is probably one of the most powerful vengeance maneuvers ever utilized by a woman whose husband has left her.”
Additionally, experts believe that this theory is used by courts to disregard Intimate Partner Violence and to penalize parents for reporting the violence in child custody cases. Experts tend to disagree on the long-term impacts of Parental Alienation, and whether there is a basis to call it a syndrome. While the extent of the issue is highly disputed, one accepted fact is that children are negatively impacted when manipulated and weaponized during parental conflict.
In family court proceedings, it is essential to prioritize the protection of children from long-term trauma. One crucial way to achieve this is by avoiding actions that could harm the relationship between the child and their other parent, as well as refraining from engaging in alienating behavior. These behaviors, often linked to Parental Alienation, are also commonly referred to as interference with parental rights in family court. If a parent encourages a child to skip visitation with the other parent or prevents the child from attending visitation with the other parent, they will likely be found to be interfering with the other party’s parental right to visitation. Behaviors that alienate such as making negative comments about the other parent, encouraging the child to lie, or lying to the child about the other parent could lead to serious adverse consequences in your custody case..
Another common issue addressed in high conflict custody disputes in Family Court is when parents “coach” the child. This happens when a parent tells their child to provide the court with a specific version of events that the parent believes will benefit them. When this behavior is suspected, the courts will often seek input from experts to establish what the child genuinely knows. Engaging in this behavior tends to significantly harm the credibility of the parent in the court.
The family court takes alienating activities and coaching very seriously. They frequently issue court orders to prevent this behavior, such as requiring that parents do not discuss the legal matter with the child. Failure to comply with this order can result in a contempt order.
Please contact us if you suspect the other parent is influencing your child, or if you are falsely accused of influencing your child against the other parent.
