Question 1

What Is Parental Alienation in New Jersey?

Accepted Answer

Parental alienation syndrome or PAS is a term first coined by Psychiatrist Richard Gardner in 1985. The term refers to a childhood disorder that generally arises in child custody disputes. However, PAS generally only refers to symptoms in children and not the behavior that contributes to the problem.

Parental alienation happens when one parent distances their child from their other parent. This is done with programming, alienating, brainwashing, bad-mouthing, or other negative strategies.

The alienating parent may tell their child that their other parent loves their new family more, does not wish to see their child, or does not love them. It can involve false or genuine allegations that are mild or severe. For instance, it may involve telling a child excessive details about why a marriage broke down, such as abuse or cheating.

Parents who alienate their child from the other parent are sometimes doing so intentionally and vindictively. In many cases, it is due to frustration and has unintended consequences. Some parents do and say things that damage their child’s relationship with their other parent without even realizing it.

Question 2

What Are the Signs of Parental Alienation?

Accepted Answer

Parental alienation can take many forms.

Behavior that may be alienating can include:

Denying the other parent the opportunity to see their child
Allowing a child, especially a younger child, to skip visitation when they do not want to go,
Telling the child about the other parent’s bad attributes or behavior, bad-mouthing the other parent, or divulging unnecessary details of the marriage,
Questioning the other parent’s authority instead of supporting their ability to discipline the child,
Planning activities that are tempting to the child during the other parent’s visitation,
Frequently breaking or bending custody rules,
Maintaining secrecy about the child’s medical records, school performance, activities, and friendships,
Frequently asking for details about the other parent from the child and passing judgment,
Actively comparing a new partner to the other parent,
Engaging in arguments or yelling at the other parent in front of the child,
Blocking the other parent’s number from a child’s cell phone or not giving them a child’s cell phone number, or
Engaging in behavior that makes it difficult for the other parent to contact or visit the other child. 
Some forms of parental alienation are unintentional. Still, parental alienation can cause lasting harm to the parent-child relationship. Repairing this damage can take years of conscious effort.

Question 3

How Can I Prove Parental Alienation in Bergen County, NJ?

Accepted Answer

Proving parental alienation is notoriously difficult. Sometimes judges do not believe that parental alienation is even real. They may not recognize the other parent’s intentional campaign against you.

A judge may not view tempting a child out of visitation or other behaviors as violating your right to spend time with your child. To some judges, this is only a child not wanting to see the other parent. Despite the parent’s legal right to visitation, they may be hesitant to take any action.

It can also be challenging to link a child’s attitudes and feelings toward a parent to the other parent’s actions. While difficult, proving parental alienation can be done. Our Bergen County parental alienation attorneys at Arons & Solomon Divorce Lawyers may recommend many strategies.

A child custody evaluation can be performed by a neutral mental health professional. This can be invaluable at establishing alienating behavior.

This evaluation usually involves:

Separate interviews with each parent
Interviews with the child
Observations of interactions between the child and parent
Discussions with caregivers, physicians, teachers, and others in the child’s life. 
We may also explore other avenues for proving alienation, such as witness testimony. This can include relatives, friends, and even a joint marriage therapist in some cases. Friends and relatives may be able to testify about behavior they have seen and what they have heard the child say.

There may also be documentation to help establish alienating behavior, including emails, texts, and voice messages between the parents. For instance, if a mother hears something from her child that she suspects shows the father disparaged her, she can text the father what she heard and ask for an explanation. Sometimes there is even evidence on the other parent’s or child’s social media posts that indicate alienation has occurred.

Question 4

What Remedies Are Available for Parental Alienation in Bergen County, New Jersey?

Accepted Answer

Proving alienation and seeking a legal remedy can be challenging, whether it is done during the initial child custody proceedings or later. The situation is best addressed as soon as possible to preserve the parent-child relationship and seek the best possible remedies.

Mediation may be a good place to start, especially if the other parent is not engaging in intentional alienation. When alienation is persistent or severe, a Bergen County alienation attorney may help you seek a remedy through the Bergen County Superior Court.

Even when judges do not believe in alienation, they are still committed to protecting the child’s best interests. New Jersey Revised Statutes Section 9:2-4 states that it is public policy to “assure minor children [have] frequent and continuing contact with both parents” after divorce or separation.

When the other parent is actively interfering with your right to visitation or custody, proving alienation is not even necessary to seek a legal remedy. A judge may order temporary or permanent modifications to your parenting plan, such as changing the primary residential parent or adjusting transportation, pick-up, and drop-off guidelines.

Compensatory parenting time can be ordered if the court believes the other parent has wrongfully deprived you of your right to visitation.

A court may even impose penalties and order the other parent to:

Pay for counseling for the child and/or the other parent
Pay costs related to non-compliance with court orders
Pay the other parent’s legal fees and court costs
Attend counseling or parenting classes 
If a child custody evaluator supports allegations that the other parent caused serious alienation, the court may order reunification therapy. Non-custodial parents also have the right to request that the court order this therapy. A court may require both parents to cooperate with an outline of specific treatment goals, parameters, payment arrangements, appropriate interventions, and more.

Bergen County Parental Alienation Lawyer

How Arons & Solomon Divorce Lawyers Can Help with Parental Alienation in Bergen County

What Is Parental Alienation in New Jersey?

What Are the Signs of Parental Alienation?

How Can I Prove Parental Alienation in Bergen County, NJ?

What Remedies Are Available for Parental Alienation in Bergen County, New Jersey?

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