Parental Alienation

Both mothers and fathers can be victims of Parental Alienation. It is an equal opportunity tragedy. With Parental Alienation, one parent, almost always the primary caretaker, has decided that they want to eliminate the other parent from the child’s lives. When they are unsuccessful at convincing a court to do so, they systematically begin to work on the child to convince the child to alienate the other parent. In other words, they attempt to persuade the CHILD to begin to alienate the other parent.

Parental alienation can take many forms and the lines between alienation and interfering with the other parent’s time with the child are often muddy.

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Examples of interfering with the other parent’s time would be:

failing to answer the phone for the parent’s court ordered telephone time
manipulating the child’s schedule so that he/she will be tired, cranky or distracted during actual or electronic (telephone, Skype, etc.) parenting time
exaggerating illness in an attempt to defeat parenting time (more common with younger children)
manipulating the meaning of the language of the court order to deny parenting time
over enrolling the child in activities in order to make the child unavailable for parenting time
Falsifying transportation or parent schedule problems

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Examples of parental alienation would be:

encouraging the child (directly or indirectly) to resist going with the other parent for parenting time
failing to psychologically prepare the child to attend parenting time
refusal to act to enforce parenting time orders (passive aggressive alienation)
discussing parenting time with the child as if it were an experience that is
- fearful
- something that should not have to happen
- something that the child has to endure
- an injustice that has been unfairly inflicted upon the child and/or the alienating parent by the court
Reminding the child, during a visit, of all the things that they are missing at “home” in a way designed to reduce the child’s pleasure during the visit
Calling during the other parent’s time excessively, as if they excessive calls were needed because the child is in a fearful environment
Suggesting to the child that the other parent will kidnap them, making visits something to fear
Encouraging the child to be as unpleasant as possible during visits, in order to discourage the other parent from exercising them
Encouraging the child to “gather evidence” to be used against the other parent in current or future litigation to further diminish the other parent’s parenting time

If you are experience interference with your parental rights or parental alienation, you may want to talk to an attorney to discuss your options.

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DISCLAIMER – Read it, it’s important!

An Ohio Parental Alienation Attorney article about Parental Alienation in Ohio. Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist, one of approximately 100 such specialists in Ohio.

Parental Alienation is REAL, and it happens all the time. However, as of the writing of this article, it is not yet included in the DSM-IV (Diagnostic and Statistical Manual of Mental Disorder) and is not scheduled to be included in the DSM-V, which is schedule to be published in 2013.

Just because it is not, at this time, a psychiatric diagnosis, does not mean that courts do not recognize that the alienation exists. In Ohio, the law regarding the best interest of the child specifically addresses this problem.

Ohio Revised Code 3109.04(F)(1) provides that when determining what is in the best interest of the child, among other factors, the court must consider:

(c) The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
(f) The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
all relevant factors

Ohio Revised Code 3109.04(F)(2) provides that when determining whether shared parenting is in the best interest of the child, among other factors, the court must consider

(b) The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent;

Ohio Revised Code 3109.051(D) provides that among other factors, when deciding whether to grant visitation a court must consider:

(1) The prior interaction and interrelationships of the child with the child’s parents, siblings, and other persons related by consanguinity or affinity, and with the person who requested companionship or visitation if that person is not a parent, sibling, or relative of the child; and
(16) Any other factor in the best interest of the child.

At this point in time, while psychological diagnoses are not legitimately available to support allegations of parental alienation, Ohio courts and Ohio legislators know that it is real and it is relevant.

DISCLAIMER