May 8, 2017
– Bains Law Firm
One of the
unfortunate aspects of family law in Washington State is sometimes a bitter,
heated dispute between parents breaks out over the establishment or
modification of a parenting plan. These
custody battles amongst parents often claim their own children as causalties. One of the most frequent
weapons used by misguided parents involves engaging in Parental
Alienation.
Dr. Richard
A. Gardner, a forensic psychiatrist, wrote extensively about Parental
Alienation Syndrome and outlines three factors: (1) Occurs in the context of a
child custody dispute between parents, (2) Manifested by the child, who
promotes his/her undue dislike of one parent, and (3) May be caused by the
child’s motivations or intentions of the non-targeted parent.
Parental
Alienation is when a parent takes action that causes estrangement of the child
to the other parent. For example, when a parent “brainwashes” the child into
false beliefs about the other parent, that can be considered Parental
Alienation. A more extreme example could
be the efforts of a parent to replace the other parent with a new significant
other. This can be done either by
reference or direct action, such as overtly changing the last name of the child
to that of the new significant other, and forcing the child to go by that new
name at school, in sports, etc. This is
Parental Alienation and is harmful to the child.
In cases
when children are being subjected to Parental Alienation, a parent needs to
act. Having a third party investigate the
child's situation is often a good option. For example, in a pending case, a parent can
bring a motion for a Guardian ad Litem or Parenting Evaluator. These
professionals can review Court filings, interview the parents, children and
other relevant witnesses, as well as review other pertinent evidence to assist
in generating a report and recommendations to serve the best interest of the
child.
Parental Alienation can be a basis for restricting visitation in
a parenting plan under Washington State law.
Referred to "abusive use of conflict", the statute authorizes
limitations upon a parent who engages in such harmful behavior. Determining whether a parent's behavior to
engage in Parental Alienation or abusive use of conflict, rises to the level to
justify limitations upon that parent will depend heavily on the facts. An
experienced attorney, well versed in Parental Alienation, is often essential to
evaluate the harm being unnecessarily inflicted upon your children by the other
parent and strategize with you to protect the children by seeking limitations
on the offending parent.
Family law
litigation can be emotionally difficult and complex. Decisions made about each
step of the litigation can affect you for many years. We have years of
experience helping our clients through the difficulty of family law matters,
including parental alienation cases and can help you through the process.
Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your case.
Disclaimer:
All materials provided on this website have been prepared by Bains LawFirm for general information purposes only and no representation is made
as to their completeness or accuracy. Information on this website is not
intended as legal advice, and may not be relied upon as such. Only an attorney
who can review the unique facts of each case and apply them to the statutes,
case law and court rules can provide legal advice. Nothing in this website
shall be construed to create an attorney-client relationship.
