When parents’ divorce, there is often animosity between the parties, and in many, if not most cases, this acrimony will subside with time. In cases with PA however, the acrimony will typically increase, and the sooner this can be identified the better. The problem is that they often look very similar at the outset.
It is this collision of circumstances that creates the perfect storm of failure if these cases are not identified early on. They are constitutionally different and must be presented differently.
In cases where PA is not present, many disagreements are eventually negotiated, often with mediation. In these cases, it is not necessary or even advisable to aggressively “go after” the other parent to make the case. In fact doing so, will often backfire and make the attacking parent look badly. In cases where PA is not present, GAL’s may be a very good and helpful role to consider, helping the trier of fact to determine the children’s best interest. In cases were PA is not present, extensive discovery is often not warranted and necessary.
However, when Parental Alienation is present, these typical tools and strategies will be found to be not only ineffective, but also counterproductive. These cases are very different than how they may originally appear, and therefore require different strategies.
Parental Alienation Education for Attorneys
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