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Article
The acceptance of Parental Alienation in the legal system. Parental Alienation passes the Frye Test
Other Services:
It is nearly impossible to list all of the many services Dr. Bone can provide. Below is a partial list of some examples.
• Review of Materials
A thorough review of materials is crucial for the understanding of the strategies that should be incorporated into your case.
• Selection of Professionals
Whether you have already hired an attorney, or other professionals, or you are in need of recommendations for these services, Dr. Bone can help. Over the years, Dr. Bone has developed networks of experienced professionals who are knowledgeable in the areas of parental alienation. Through careful interviewing and screening, he can help you find professionals local to your area. This “initial filtering” process may help a parent who is dealing with alienation avoid falling into the “blind spots” of attorneys and mental health professionals who may simply be unfamiliar with the peculiarities of parental alienation. This initial screening of professionals is a critical step which has direct impact onto outcome.
• Consultation with the Attorney
Competent attorneys welcome (and are not threatened by) consultative input. When one considers that a busy family lawyer becomes involved in parental alienation in a relatively small percentage of their cases, it is easy to understand how it would be impossible for even the most competent family lawyer to keep up with the latest litigation developments. In addition to this purely “educational” purpose, the consultant can also help assist the lawyer with the development of case strategy, by incorporating knowledge on the subject and experience in what has been successful in other cases.
Most experienced attorneys will be the first to recognize the level of complexity and specificity that is involved in successfully litigating a parental alienation case. In the capacity of consultant, Dr. Bone typically reviews documents, pleadings and reports, and makes specific recommendations regarding expert testimony, review of expert work product, and consultation with experts perhaps already appointed on your case. Through this strategy, the legal system becomes educated about parental alienation one case at a time, and leaves in its wake newly educated professionals and parents.
Litigating a complex family law case has been described in the following terms: imagine a jigsaw puzzle with a thousand pieces. The attorney is only allowed to use ten of the pieces, yet must accurately convey the picture of the puzzle to the court using only these ten pieces. The process of selecting which ten pieces is enormously complex and vexing. “Breaking the code” of which pieces to select, and which not to become distracted by, is a skill based on a level of experience that can only be developed by being “in the trenches” of the courtroom for many years. Dr. Bone has served in all of the capacities for which he now consults. After all, even the most seasoned and experienced family lawyer has only litigated cases involving Parental Alienatio (PA) in a nfraction of his or her cases. Virtually all of Dr. Bone’s experience is born of dealing only with these cases in multiple states.
• Review and Trial Preparation for Extant Expert Witness Work, Preparing Witnesses, Development of Cross-examination Questions for Adverse Witnesses and Related Activities
In most ongoing litigation, there are already existing mental health professionals involved with the case. The experienced consultant can help the attorney with critique of adverse witnesses as expressed in the analysis of expert reports, analysis of past testimony, and the development of cross-examination questioning, as reflected by the current standard of care. Additionally, the consultant can work with mental health professionals also involved in the case who may not be knowledgeable of the latest research and related matters regarding PA.
• Litigation Strategies
One of the most valuable functions served by the consultant is the development of general case strategy and determining which points are most important to emphasize and which are not. One of the biggest challenges the family attorney faces is reducing huge amounts of information and presenting it in a way that tells the case’s story in the most compelling terms. If PA is not involved in a case, this challenge is still present. However, if it is involved, the challenge is even greater. The likelihood that the case presentation and focus may become distracted increases and the danger of fragmentation increases dramatically. Alienation cases typically have voluminous amounts of information that must be organized and presented in a concise manner.
Cases involving PA commonly have mental health professionals already involved who may be otherwise competent, but naïve to Parental Alienation. Such therapists may find themselves treating a child who has become alienated from one parent due to the actions of the other parent. These therapists will very often side with the alienated child’s resistance to seeing the unwanted parent and believe they are “protecting” the child from the other parent when in fact there is no danger. In PA cases, these professionals become “adverse witnesses” and therefore unwittingly support the alienation. In the context of litigation, the attorney for the alienating parent is often able to persuade these therapists to offer an opinion that supports the child’s not seeing that other parent, even though they have never even spoken to that parent. Once a therapist has done this, he or she has typically committed significant ethical errors, which should diminish their credibility. However, if the attorney for the alienated parent is not aware of these ethical intricacies, this therapist’s opinion could go unchallenged and potentially do great damage to the case. Exposing these ethical gaffs is extremely important to the truth of the case as it is understood by the Judge; however, these types of ethical errors often go unchallenged. The consultant, seasoned in PA, would not allow this process to go forward unchallenged.
• Consultation With and Training of Mental Health Professionals Involved in the Case
In becoming involved with parental alienation cases in multiple states, it is evident how many potentially good, yet alienation naive clinicians are available. Years of experience have taught that well intentioned and otherwise competent (yet untrained in the area of alienation) professionals have unwittingly done harm, and have inadvertently worked in support of the alienation.
Ironically enough, competent therapists, but inexperienced in working with alienated children, will often support the alienation. Likewise, evaluators naïve to PA will assume the allegations of abuse to be valid and accurate and will not have the tools to effectively evaluate this and to rule on it. Therefore, finding a parental alienation-savvy evaluator is critical.
It is nearly impossible to list all of the many services Dr. Bone can provide. Below is a partial list of some examples.
• Review of Materials
A thorough review of materials is crucial for the understanding of the strategies that should be incorporated into your case.
• Selection of Professionals
Whether you have already hired an attorney, or other professionals, or you are in need of recommendations for these services, Dr. Bone can help. Over the years, Dr. Bone has developed networks of experienced professionals who are knowledgeable in the areas of parental alienation. Through careful interviewing and screening, he can help you find professionals local to your area. This “initial filtering” process may help a parent who is dealing with alienation avoid falling into the “blind spots” of attorneys and mental health professionals who may simply be unfamiliar with the peculiarities of parental alienation. This initial screening of professionals is a critical step which has direct impact onto outcome.
• Consultation with the Attorney
Competent attorneys welcome (and are not threatened by) consultative input. When one considers that a busy family lawyer becomes involved in parental alienation in a relatively small percentage of their cases, it is easy to understand how it would be impossible for even the most competent family lawyer to keep up with the latest litigation developments. In addition to this purely “educational” purpose, the consultant can also help assist the lawyer with the development of case strategy, by incorporating knowledge on the subject and experience in what has been successful in other cases.
Most experienced attorneys will be the first to recognize the level of complexity and specificity that is involved in successfully litigating a parental alienation case. In the capacity of consultant, Dr. Bone typically reviews documents, pleadings and reports, and makes specific recommendations regarding expert testimony, review of expert work product, and consultation with experts perhaps already appointed on your case. Through this strategy, the legal system becomes educated about parental alienation one case at a time, and leaves in its wake newly educated professionals and parents.
Litigating a complex family law case has been described in the following terms: imagine a jigsaw puzzle with a thousand pieces. The attorney is only allowed to use ten of the pieces, yet must accurately convey the picture of the puzzle to the court using only these ten pieces. The process of selecting which ten pieces is enormously complex and vexing. “Breaking the code” of which pieces to select, and which not to become distracted by, is a skill based on a level of experience that can only be developed by being “in the trenches” of the courtroom for many years. Dr. Bone has served in all of the capacities for which he now consults. After all, even the most seasoned and experienced family lawyer has only litigated cases involving Parental Alienatio (PA) in a nfraction of his or her cases. Virtually all of Dr. Bone’s experience is born of dealing only with these cases in multiple states.
• Review and Trial Preparation for Extant Expert Witness Work, Preparing Witnesses, Development of Cross-examination Questions for Adverse Witnesses and Related Activities
In most ongoing litigation, there are already existing mental health professionals involved with the case. The experienced consultant can help the attorney with critique of adverse witnesses as expressed in the analysis of expert reports, analysis of past testimony, and the development of cross-examination questioning, as reflected by the current standard of care. Additionally, the consultant can work with mental health professionals also involved in the case who may not be knowledgeable of the latest research and related matters regarding PA.
• Litigation Strategies
One of the most valuable functions served by the consultant is the development of general case strategy and determining which points are most important to emphasize and which are not. One of the biggest challenges the family attorney faces is reducing huge amounts of information and presenting it in a way that tells the case’s story in the most compelling terms. If PA is not involved in a case, this challenge is still present. However, if it is involved, the challenge is even greater. The likelihood that the case presentation and focus may become distracted increases and the danger of fragmentation increases dramatically. Alienation cases typically have voluminous amounts of information that must be organized and presented in a concise manner.
Cases involving PA commonly have mental health professionals already involved who may be otherwise competent, but naïve to Parental Alienation. Such therapists may find themselves treating a child who has become alienated from one parent due to the actions of the other parent. These therapists will very often side with the alienated child’s resistance to seeing the unwanted parent and believe they are “protecting” the child from the other parent when in fact there is no danger. In PA cases, these professionals become “adverse witnesses” and therefore unwittingly support the alienation. In the context of litigation, the attorney for the alienating parent is often able to persuade these therapists to offer an opinion that supports the child’s not seeing that other parent, even though they have never even spoken to that parent. Once a therapist has done this, he or she has typically committed significant ethical errors, which should diminish their credibility. However, if the attorney for the alienated parent is not aware of these ethical intricacies, this therapist’s opinion could go unchallenged and potentially do great damage to the case. Exposing these ethical gaffs is extremely important to the truth of the case as it is understood by the Judge; however, these types of ethical errors often go unchallenged. The consultant, seasoned in PA, would not allow this process to go forward unchallenged.
• Consultation With and Training of Mental Health Professionals Involved in the Case
In becoming involved with parental alienation cases in multiple states, it is evident how many potentially good, yet alienation naive clinicians are available. Years of experience have taught that well intentioned and otherwise competent (yet untrained in the area of alienation) professionals have unwittingly done harm, and have inadvertently worked in support of the alienation.
Ironically enough, competent therapists, but inexperienced in working with alienated children, will often support the alienation. Likewise, evaluators naïve to PA will assume the allegations of abuse to be valid and accurate and will not have the tools to effectively evaluate this and to rule on it. Therefore, finding a parental alienation-savvy evaluator is critical.
Article
The acceptance of Parental Alienation in the legal system. Parental Alienation passes the Frye Test