Cases where Parental Alienation (PA) is present are very different than cases where it is not. Very often however, these cases do not appear that way at first glance.
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.
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.
Why is it important to be able to identify PA cases early on? Because failure to do so, and proceeding as if Parental Alienation is not present, will predict very likely failure. Adding to this is the fact that Family Law Judges often under appreciate the significant damage that PA does to its victims, the children, as they may appear to be thriving with the alienating parent.
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.
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
Effective litigation can change the face of Parental Alienation. The National Association of Parental Alienation Specialists, of which I am Co-Founder, has launched a new online workshop, "Litigating Family Law Cases with Parental Alienation" for Family Law Attorneys & others specializing in Family Law. The workshop covers this topic, and more. Click here to sign up for individual modules by topic, or to purchase the 11 module bundle & save $299.90 over individual module purchases. $#
RSS Feed