legal articles on parental alienation

legal articles on parental alienation

A Historical Perspective on ParentalJOAN S. MEIER

posted Aug 5, 2011 12:22 PM by victorious children

http://globaljusticeinitiative.files.wordpress.com/2011/02/article-joan-meier-on-parental-alienatiob-syndrome.pdf A Historical Perspective on Parental Alienation Syndrome and Parental Alienation JOAN S. MEIER George Washington University Law School, Washington, DC

 

Criminal Rewards The Impact of Parent Alienation Syndrome on Families

posted Jul 30, 2011 2:17 PM by victorious children

Criminal Rewards The Impact of Parent Alienation Syndrome on Families Andraé L. Brown1 + Author Affiliations Abstract Since 1985, the claim of parent alienation syndrome (PAS) has represented the extreme collusion of male entitlement, the mental health profession, and family courts. PAS is a pseudoscientific theory used to prevent battered women from protecting their children from exposure to violent and abusive fathers. It asserts that children who resist parents' visits are not legitimately seeking protection from their fathers but have been “alienated” from their fathers by their mothers. This article examines the impact of PAS on families, its admissibility in courts, and the role of social workers and other mental health practitioners in custody cases through the lens of a social worker, a social justice activist, and a mother who is involved in a PAS custody case. http://aff.sagepub.com/content/23/4/388.abstract

James Williams, J. R. (2001), SHOULD JUDGES CLOSE THE GATE ON PAS AND PA?. Family Court Review, 39: 267–281. doi: 10.1111/j.174-1617.2001.tb00610.x

posted Jul 30, 2011 2:14 PM by victorious children

Parental Alienation Syndrome and Parental Alienation are evolving clinical concepts. They are controversial. Their limits, the limits of the legal system, and recent developments in the use and admissibility of expert evidence call into question the appropriateness of their use within the trial process. James Williams, J. R. (2001), SHOULD JUDGES CLOSE THE GATE ON PAS AND PA?. Family Court Review, 39: 267–281. doi: 10.1111/j.174-1617.2001.tb00610.x Author Information Supreme Court of Nova Scotia (Family Division) Publication History Issue published online: 15 MAR 2005 Article first published online: 15 MAR 2005 http://onlinelibrary.wiley.com/doi/10.1111/j.174-1617.2001.tb00610.x/abstract

 

posted Jul 30, 2011 1:17 PM by victorious children

Copyright (c) 2001 Sage Publications, Inc. Family Court Review STUDENT NOTE: Special Issue: Alienated Children in Divorce: Evidentiary Issues With Parental Alienation Syndrome July, 2001 39 Fam. Ct. Rev. 334 Author Lewis Zirogiannis Excerpt PARENTAL ALIENATION SYNDROME AND ITS PROBLEMS Parental Alienation Syndrome (PAS) is a term originated by Dr. Richard Gardner to describe a cluster of co-occurring symptoms: (a) an alienated parent who engages in brainwashing, (b) a child who has adopted those negative views, and (c) a child who has vilified the rejected parent. 1 Gardner claimed that PAS is a syndrome because there is a common etiology or underlying cause, that is, an alienating parent. 2 Gardner differentiated PAS from parental alienation (PA). According to Gardner, the only element present in PA is the alienating behavior by a parent. 3 In the case of PA, the child has not adopted the parent's negative views and is not making false allegations. 4 The judicial system should look at Gardner's theories with heightened skepticism. Gardner's research methods and techniques have been questioned by notable scholars in the mental health field. 5 Gardner's research methods have been determined by scientists to lack predictive value and validity. 6 It is also impossible to assign potential rates of error using Gardner's diagnostic tools. 7 In developing a predictive tool, one is concerned with both the reliability and validity of the instrument. 8 When a standardized test measures the occurrence of a disease or syndrome, the test is reliable if different evaluators giving the same test derive the same or similar conclusions. 9 A standardized test is valid if the items on the test have a clear and obvious relationship to the purpose of the test. ... https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=39+Fam.+Ct.+Rev.+334&srctype=smi&srcid=3B15&key=fb095a7614ba755764b6131a39b07eb9

 

Parent-Alienation-Syndrome-Revisited must read

posted Jul 30, 2011 1:10 PM by victorious children

http://www.scribd.com/doc/23371622/Parent-Alienation-Syndrome-Revisited

Wood, C. L. (1994). The parental alienation syndrome: A dangerous aura of reliability. Loyola of Los Angeles Law Review, 27, 1367-1415.

posted Jul 30, 2011 1:07 PM by victorious children

Wood, C. L. (1994). The parental alienation syndrome: A dangerous aura of reliability. Loyola of Los Angeles Law Review, 27, 1367-1415. http://fact.on.ca/Info/pas/wood94.htm Attorney Cheri Wood (1994) suggests that although Gardner 's self-published theories do not have any empirical grounding, they have been given a "dangerous and undeserved aura of reliability and trustworthiness" in the courtroom. Wood concludes that PAS should not be admissible in court for the following reasons: (1) because it has not gained acceptance among experts in the field, (2) because of difficulties in determining causation, and (3) because it endangers children. http://www.leadershipcouncil.org/1/pas/leg.html

Williams, R.J. (2001). Should judges close the gate on PAS and PA? Family Court Review, 39(3), 267-282.

posted Jul 30, 2011 1:07 PM by victorious children

http://www.leadershipcouncil.org/1/pas/leg.html

Walker, L. E., Brantley, K. L., & Rigsbee, J. A. (2005). A Critical Analysis of Parental Alienation Syndrome and Its Admissibility in the Family Court. Journal of Child Custody, 1(2), 47-74

posted Jul 30, 2011 1:06 PM by victorious children

Walker, L. E., Brantley, K. L., & Rigsbee, J. A. (2005). A Critical Analysis of Parental Alienation Syndrome and Its Admissibility in the Family Court. Journal of Child Custody, 1(2), 47-74. [download from Haworth $] ABSTRACT: Over the past three decades, a syndrome, titled Parental Alienation Syndrome (PAS), has been proposed to explain behaviors by a child who refuses to spend time with a parent and actually denigrates that parent within the context of a child custody dispute. The association of certain negative behaviors by one parent (called the 'alienator') towards the other parent (called the 'target parent') are said to be the cause of the child's (called 'alienated child') behavior. Although some mental health professionals and child custody evaluators, attorneys, and judges have been quick to accept and admit PAS as evidence in these disputes, especially in those that have cross-complaints alleging family violence, there has been no consistent empirical or clinical evidence that PAS exists or that the alienator's behavior is the actual cause of the alienated child's behavior towards the target parent. It is argued here that the PAS construct itself is flawed and its use by custody evaluators to justify placement with the rejected parent may result in more serious damage to the child who is taken away from the parent to whom the child has bonded. These authors suggest that the PAS argument has been accepted by some courts that seem almost eager to punish the so-called alienating parent without regard for the immediate or long-term impact on the child. PAS has had difficulty meeting Daubert or Frye admissibility standards in criminal courts but few family courts have held hearings to determine its scientific integrity. This article attempts to help those working with custody issues understand how the PAS construct fails to meet scientific standards and should not be admissible in courts. http://www.leadershipcouncil.org/1/pas/leg.html

 

Thoennes, N. (1988, Summer). Child Sexual Abuse: Whom Should a Judge Believe? What Should a Judge Believe? The Judges' Journal, 27, 14-.

posted Jul 30, 2011 1:04 PM by victorious children

Thoennes, N. (1988, Summer). Child Sexual Abuse: Whom Should a Judge Believe? What Should a Judge Believe? The Judges' Journal, 27, 14-. This article provides an overview of the results of a 2-year study completed by the Denver-based Research Unit of the Association of Family and Conciliation Courts which explored the incidence and validity of sexual abuse allegations in custody cases.  Though nation-wide reports of sexual abuse made to child protective service agencies have increased dramatically, those in custody disputes have not. Contrary to the popular myth that sexual allegations in custody cases are relatively common, between 1985 and 1987 the study found that only 2 to 6% of custody cases in the 12 states participating in the study involved allegations of sexual abuse. The categorization that these allegations are typically false was also challenged by the present study. Half of the allegations were believed by the investigators to be true, and in another 17% determination of the validity could not be made with any degree of certainty. The remaining third of the cases were not believed to involve abuse. However, in most of the cases which were not substantiated, the allegations were believed to have been made in good faith and based on genuine suspicions.  This study refutes the notion that sexual abuse allegations in the context of custody and visitation cases are now epidemic, as well as the idea that these cases are commonly motivated by a reporting parent who is vindictive or seriously impaired. There is no evidence from the present research to suggest that a significant number of parents are using fabricated reports to win custody battles http://www.leadershipcouncil.org/1/pas/leg.html

Smith, R., & Coukos, P. (1997, Fall). Fairness and Accuracy in Evaluations of Domestic Violence and Child Abuse in Custody Determinations. The Judges Journal, 1997, 38-56.

posted Jul 30, 2011 1:04 PM by victorious children

Smith, R., & Coukos, P. (1997, Fall). Fairness and Accuracy in Evaluations of Domestic Violence and Child Abuse in Custody Determinations. The Judges Journal, 1997, 38-56. EXCERPT ". . .Although both common sense and the prevailing legal standard dictate careful consideration of evidence in domestic or family violence when determining custody, allegations of domestic violence and/or child sexual abuse made during a divorce or custody proceeding are not always taken seriously. These allegations often are wrongly perceived as false because they are asserted in a contentious environment and because of the widespread myth that parents fabricate domestic violence and child abuse allegations in order to gain an advantage in court. When combined with the misuse of psychological syndrome evidence, the perception that a parent has fabricated the allegations often results in unfair retribution against the reporting protective parent. (p. 39) http://www.leadershipcouncil.org/1/pas/leg.html