Monday, March 8, 2010

Proving Parental Alienation

I frequently get the question, "How do you prove parental alienation in Court?" My response is that, luckily, you do not have to prove it, you just have to get the Judge to believe that it is present. By this, I do not mean that your job is to falsely convince the Judge of anything, but that absolute proof of such a thing is not necessary. There are many a judge who "get it" based on how the case is presented and how the various players impact the judge. If the combination is right, the Judge will most likely "get" that parental alienation is present and hopefully will rule accordingly. Given the special circumstances of Family Court, the Judge has immense discretion in his or her ruling, so getting the Judge to believe vs having to prove is less difficult. That said, it is no easy matter.

I often receive email requests asking for the name of an expert in a given area. I typically respond that an expert is only part of the presentation - an important one - but only part. What is needed is a carefully and thoroughly planned strategy wherein the expert is a portion of the plan, who typically ties up the loose ends of the testimony and gives specific meaning to what the fact witnesses have described; but it is not the end all and be all. I have seen too many disasters where this reality was not adequately recognized.

In my effort to educate parents to these difficult lessons and issues, I have created a course on Family Court that I believe is filled with helpful information. To access that, just CLICK HERE. I believe that this information can be crucial to your outcome.

Again, my mission is to get this sort of information to you before you learn it the hard way. I hope that this is helpful.


Anonymous said...

thx u very much, i learn a lot

Anonymous said...

I have had sole custody of my child since March of last year and the GAL had used PAS as a basis as to why custody should be awarded to me for the best interests of my child. The mother is only allowed supervised visits.

Since custody has changed the mother of my daughter has began a campaign on social networking sites where she not only states the "unjustice" she received in the courts decision but continues to publish her false accusations of physical and sexual abuse. I am currently seeking a restraining order against her and her husband and hope to have word this week whether my motion is granted. In the meantime, since the trial last week, I have found that not only has the mother lied about not making public comments, she is going to be the "host" of a film festival in Norther California as well as take part in a lecture in Davis, CA this upcoming Saturday. I also was informed at the trial last week, that my situation will be discussed on the Dr. Phil show next week.

I've been investigated numerous times due to false accusations and each and every time the allegations were determined to be false. It was determined that my child was coached by her mother. My child was subjected to numerous sexual abuse examinations due to the mother's allegations. My child has told me in the past that her mother and sibling were hurting her and then they told her to say that her father was the one doing it. The daughter has also stated that her mother told her that she can never ever tell the truth because "they would take away her sibling and put mommy in jail".

This has been the most stress I have ever encountered in my life. My child is doing wonderful in school and realizes that her mom would say terrible things about her dad if she was alone with her mom.

Anonymous said...

What to do if you are false accused of PAS?