Description

Ever more frequently, family lawyers are having to defend claims of alleged "parental alienation," which supposedly occurs when a child is deliberately manipulated to align him- or herself with one parent and to refuse contact with the other. Counsel need practical strategies for investigating and litigating emotion-laden allegations in light of the law, science, and how various courts define the problem and deal with it.

The concept of "parental alienation" is a controversial topic/label and the evidence in support of it is questionable. "Parental alienation" is frequently misused as a construct to counter allegations of all forms of child abuse. Experts, such as counselors or psychiatrists, may have an economic interest in both diagnosis and therapeutic intervention. Proponents of "parental alienation" often fail to recognize the multiple legitimate reasons children have for resisting/refusing contact with a parent. A genuine case of parental manipulation, however, can lead to a parent being deprived, without justification, of the fundamental right to a relationship with their child.

Listen as this experienced panel of parent and child attorneys guides family law attorneys from investigation through handling a parental alienation case in court.

Outline

1. Brief history and overview of the controversies about parental alienation
2. Type of situations where it arises
3. How courts define and address it
4. Proving or challenging parental alienation
   1. Law
   2. Investigation
   3. Role of guardian ad litem
   4. Role of experts
      1. Selection
      2. Examining the child
      3. Admissibility
5. Remedies and intervention

Benefits

The panel will review these and other key issues:

• What are the controversies surrounding the label of "parental alienation" in the mental health profession and in the legal profession?
• Understanding the implications of "parental alienation" allegations for children’s safety and credibility
• What should be the role of a child's attorney or a guardian ad litem?
• How to litigate a case where the resist/refuse dynamic presents itself
• How to defend against a claim of alleged "parental alienation"
• How to keep the focus on the child's best interests and a child-centered resolution
• What are the purported remedies for the resist/refuse dynamic, and are they effective?