ILLINOIS DIVORCE LAW BLOG

A lot of the work that I do for my clients that contact me involves issues with Parental Alienation.  Parental Alienation can take many different forms, from a low grade “gatekeeping” function where a parent fails to support the parentign of the other parent in a divorce, to more toxic kinds of cases, where a disordered parent targets the other parent with a campaign of false allegations, and/or conducts a campaign of “brainwashing” of the minor children to share the same hate and contempt that the alienating parent has for the targeted parent.

A case from the state of Maine came into focus this week, and involves a mother claiming in a very toxic and high conflict divorce that the father of the minor female child had sexually abused the child. The mother, with a Ph.D. and backed by financial resources, conducted a campaign to have her husband (then unemployed) found to be liable for both child sexual abuse and domestic violence. It should be noted that any claims of child abuse and domestic violence must be taken very seriously, and all forensic and legal tools employed to determine whether a child has been harmed.  However, in some cases, the claims of abuse are false and are part of a campaign to destroy a parent’s relationship with a child.

One example of a claim made: ” On or about the week of June 13, 2011, H (mother) made yet another false claim with DHHS, claiming that M (father)  was poisoning the minor child with methamphetamines andthat Malenko possessed child pornography on his computers. Just after this Order entered, H contacted DHHS and made claims that M had hit the child in the head with a frying pan. These claims were all false. As a result of these false claims, the then four year old child had an invasive medical exam conducted at Maine Coast Memorial Hospital with H’s consent.”

I received a call from another attorney, who is out of state, with questions about Parental Alienation. He has a case in which he represents a targeted parent, in this case a Mom who, despite having sole cusody of her child, has now seen the child refuse to visit with her or live with her. The court’s initial reaction was “kids vote with their feet.” The Child Rep in that case has no understanding of PA, and has told the attorney that he believes the Father to be innocent of wrongdoing, does not see ho this charming man can be causing this, and it must be a relationship problem between Mom and the child. I walked my distant colleague through some strategies, and discussed with him my methodologies for managing cases with alienation. At the end of the conversation, he was very thanksful and both of us omindful as to how challenging these cases can be.

I reminded him as well that it is my belief that Parental Alienation is a form of child abuse.

Below is an excert from a solid article from Dr. Michael Bone, with whom I have worked on a case in Florida soem years ago.  I was asked by a Jacksonville, Florida lawyer to co-counsel with her on a very challenging case involving psychological issues and Parental Alienation.  Dr. Bone was retained as a consulting expert, and did exemplary work on the case.

Criteria I: Access and Contact Blocking

Criteria I involves the active blocking of access or contact between the child and the absent parent.

Criteria II: Unfounded Abuse Allegations

The second criteria is related to false or unfounded accusations of abuse against the absent parent.

Criteria III: Deterioration in Relationship Since Separation

The third of the criteria necessary for the detection of PAS is probably the least described or identified, but critically is one of the most important. It has to do with the existence of a positive relationship between the minor children and the now absent or nonresidential parent, prior to the marital separation; and a substantial deterioration, of it since then.

Criteria IV: Intense Fear Reaction by Children

The fourth criteria necessary for the detection of PAS is admittedly more psychological than the first three. It refers to an obvious fear reaction on the part of the children, of displeasing or disagreeing with the potentially alienating parent in regard to the absent or potential target parent. Simply put, an alienating parent operates by the adage, “My way or the highway.” If the children disobey this directive, especially in expressing positive approval of the absent parent, the consequences can be very serious. It is not uncommon for an alienating parent to reject the child(ren), often telling him or her that they should go live with the target parent. When this does occur one often sees that this threat is not carried out, yet it operates more as a message of constant warning. The child, in effect, is put into a position of being the alienating parent’s “agent” and is continually being put through various loyalty tests. The important issue here is that the alienating patent thus forces the child to choose parents. This, of course, is in direct opposition to a child’s emotional well being.

See: http://www.fact.on.ca/Info/pas

On the heels of a trial last week involving a longstanding campaign of parental alienation, in which my client was seeking reunification therapy so that his child would be treated, and counseled, to learn to want to have a relationship with her targeted father again.  I see more and more of these cases. Often, I am called in the middle of a pending case after a parent understands that their current lawyer, and the court, do not understand what is occurring.  In other cases, I am called after a divorce has been completed, and the children that were awarded to one parent no longer wish to have a relationship with the other parent.

I can also say that Parental Alienation is gender neutral. Both Dads and Moms can be targeted by the disordered parent for an alienation campaign.

What is Parental Alienation: