Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?

Blast from the past 13 years Ohio Family Law Blog

Publisher’s Note: Here is an article originally posted on the Ohio Family Blog on November 15, 2008. Parental alienation continues unfortunately to be all too common in custody litigation. Domestic Relations Courts hear testimony about it daily. I thought this primer on the topic would be worth reposting today!

Does Parental Alienation Syndrome (PAS) Factor Into Determination Of Custody In Ohio?

Parental Alienation Syndrome PASThere are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation.

Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases it doesn’t, and instead it continues and escalates to what has become referred … Read More... “Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?”

Blast From The Past: Preventing a Parentectomy After Divorce

Blast from the past 13 years Ohio Family Law Blog

How To Prevent A Parentectomy After Divorce

PUBLISHER’S UPDATE:
Here is one of my favorites posts from back on June 27, 2009! The advice rings as true now as it did then…We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Parentectomy DivorceOne of the most interesting and well written pieces that I have read in a long time is a keynote address presented by Dr. Frank S. Williams to the National Council for Children’s Rights in Washington D.C. on October 20, 1990. Dr. Williams is a noted child psychiatrist and the Director of Family and Child Psychiatry at Cedars-Sinai Medical Center in Los Angeles. While this presentation was almost 19 years ago, Dr. Williams’ sage advice is no less relevant now than it ever was!

During my 31-year law career, I have focused a large part of my efforts both professionally and as a member of various community organizations and non-profit Boards towards diverse child-welfare related causes. So with that stated background, I whole-heartedly encourage everyone to read Dr. Williams’ presentation in full, by clicking here.

I will attempt to capsulate some … Read More... “Blast From The Past: Preventing a Parentectomy After Divorce”

Should Parental Alienation be Classified as a Mental Disorder?

pas_debate.jpgWe have blogged in the past about parental alienation and “Parental Alienation Syndrome.”  Currently, Parental Alienation Syndrome (PAS) is a hot topic among the family law and psychiatric communities. The American Psychiatric Association is in the process of updating its formal list of medical disorders and, therefore, has to decide whether to include PAS in its new list of confirmed mental health disorders.

According to Wikipedia, “Parental Alienation Syndrome (abbreviated as PAS) is a term coined by Richard A. Gardner in the early 1980s to refer to what he describes as a disorder in which a child, on an ongoing basis, belittles and insults one parent without justification, due to a combination of factors, including indoctrination by the other parent (almost exclusively as part of a child custody dispute) and the child’s own attempts to denigrate the target parent”.

I suspect virtually all Family Law attorneys will tell you that, unfortunately, purposeful parental alienation is all too common in hotly contested custody actions. So, while there appears to be little debate on its existence, there is a bitter debate as to whether it represents a mental illness.  On top of that, there is concern that certain opposition to visiting with … Read More... “Should Parental Alienation be Classified as a Mental Disorder?”

Parental Abduction: Prevention and Remedies

jcpas.jpgOur guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

Recently, there has been a flurry of news reports and discussions regarding cases where an abduction has already occurred and a child has been taken and retained in a foreign jurisdiction.  The most recent is a case where a father attempted a “snatch-back” in Japan.  As is usually the case, this self-help method does not result in the recovery of a child.  Unfortunately, in both that case and in the Goldman case where the child is in Brazil, it appears that nothing was done in the way of prevention before the loss of the child.

There are many measures which can be put into place to aid in the prevention of an international abduction.  To begin with, any parent who chooses to have a child with a foreign national should always anticipate the possibility that the foreign parent will eventually elect to take the child and return “home”.  Since this is an obvious predictable … Read More... “Parental Abduction: Prevention and Remedies”

Preventing a Parentectomy After Divorce

parect.jpgOne of the most interesting and well written pieces that I have read in a long time is a keynote address presented by Dr. Frank S. Williams to the National Council for Children’s Rights in Washington D.C. on October 20, 1990. Dr. Williams is a noted child psychiatrist and the Director of Family and Child Psychiatry at Cedars-Sinai Medical Center in Los Angeles. While this presentation was almost 19 years ago, Dr. Williams’ sage advice is no less relevant now than it ever was!

During my 31-year law career, I have focused a large part of my efforts both professionally and as a member of various community organizations and non-profit Boards towards diverse child-welfare related causes. So with that stated background, I whole-heartedly encourage everyone to read Dr. Williams’ presentation in full, by clicking here.

I will attempt to capsulate some of the salient points as well as set forth the six (6) recommendations he made based on his extensive clinical experience to prevent parentectomies.

According to Dr. Williams, a ”parentectomy” is the removal, erasure, or severe diminution of a caring parent in a child’s life, following separation or divorce. A parentectomy is the most cruel infringement Read More... “Preventing a Parentectomy After Divorce”

Can Parental Alienation Be Far Behind? The Warning Signs Every Family Lawyer Should Know

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

jud_pas.jpgIt 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.

Often the alienating parent will file false domestic violence charges, seeking the easy route to obtaining sole custody by obtaining a civil protection order which includes the children. During this stage, the alienating parent, most often the … Read More... “Can Parental Alienation Be Far Behind? The Warning Signs Every Family Lawyer Should Know”

What Is Parental Alienation And Parental Alienation Syndrome?

sep_pt1.jpgSubmitted by Robert L. Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

There are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation. Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases it doesn’t, and instead it continues and escalates to what has become referred to as “Parental Alienation Syndrome”. This disorder was first identified by Richard A. Gardner, a forensic psychiatrist, in the mid-1980s, and defines it as:

A disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is
Read More... “What Is Parental Alienation And Parental Alienation Syndrome?”