An Ontario, Canada, Superior Court Judge issued a thorough well-reasoned but very unusual decision on January 16, 2009, changing custody of three (3) girls, ages 15, 11 and 9, from their primary caregiving mother to the father based upon evidence of a long pattern of parental alienation. In fact, Mother had denied Father, a vascular surgeon, any contact with the girls for about two (2) years before these proceedings.
Judge Faye McWatt not only changed custody to the father, but denied Mother any contact with the girls for at least 90 days. The Court concluded that Mother had conducted a “consistent and overwhelming campaign for more than a decade to alienate the children from their father”.
The Court was impressed with the testimony from Dr. Barbara Fidler, an expert in the field of parental alienation. The Court, in its decision, stated:
Dr. Fidler testified that children are more susceptible to alienation in certain age ranges. She explained that from 5 to 8 years of age, children can have shifting allegiances to parents. Once a child’s brain develops to a point where the child can hold both positive and negative information about a parent, though, children can become confused. They begin … Read More... “Mom Loses Custody For Alienating Children From Their Father For Over A Decade”
Ohio Revised Code Section 3109.051(A) provides, in part, that, “Whenever possible, the order or decree permitting the parenting time shall ensure the opportunity for both parents to have frequent and continuing contact with the child, unless frequent and continuing contact by either parent with the child would not be in the best interest of the child.” In 2006, a bill was introduced in the Ohio Senate to allow Juvenile or Domestic Relations Courts to grant a reasonable amount of “electronic communication” between a parent and a child so long as the electronic communication was in the child’s best interest and the equipment was readily available. In Senate Bill 341, electronic communications was defined as “communication facilitated by the use of methods of communication such as the telephone, electronic mail, instant messaging, video conferencing, or other wired or wireless technologies via the internet, or another medium of communication that allows a party who has been granted parenting time, companionship, or visitation rights to communicate with a child during times in which the child is not physically present with the party.” While … 
You may not be aware that, years after you have prepared a separation agreement, it may have a direct bearing on whether your clients are covered under their auto or homeowners’ insurance policies in a variety of accident scenarios.
Reader’s Question: I have seen my 7-year-old daughter every other weekend since I divorced her mom two years ago. My daughter’s behavior with me is absolutely horrible, to the point where I now dread her coming over. My ex-wife is a real pain and a terrible mother, so I really can’t speak with her about our daughter. Any ideas on what I can do to get my daughter’s behavior under control?
It is important that family law attorneys remain aware of the patterns of behavior found in cases involving possible parental alienation and pay heed to ongoing complaints by clients experiencing even the early stages of alienating behavior. Early in a custody case it can be very apparent that one parent is extremely angry, bitter or feels betrayed, by both the other parent and by expectations of the “system”. Having to share custody may only intensify the anger due to having to continue the relationship with a person they despise. Then a campaign begins to align the children to his or her side and together with the children work to destroy any viable relationship with the target parent.
Submitted by Robert L. Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.