Clement Law Center
Free Initial Consultation
Toll Free 888-351-6779
Local Calls 253-336-3607

Parental Alienation

The "Friendly Parent Concept"

In some cases, the Court may note from the testimony or factual history that one parent is unusually hostile, or has a tendency to undermine the child's relationship with the other parent. Under the "friendly parent concept," the trial court may consider which parent is most likely to foster a child's relationship with the other parent when choosing the primary residential parent. Rossmiller v. Rossmiller, 112 Wn. App. 304, 48 P.3d 377 (2002).

2

The Tragic Consequences of Parental Alienation

In cases of severe hostility or an excess of anger and vindictiveness, a custodial parent can actually alienate-consciously or unconsciously-a child from the noncustodial parent without any legitimate justification. This can lead to a very tragic outcome when the child and the alienated parent, who previously had a loving and mutually satisfying relationship with the child, lose that relationship for many years, or perhaps for their lifetimes. In such situations, the children, and not just the alienated parent, suffer tremendous emotional harm. This can lead to serious emotional disorder, especially when the child ends up with a false belief that the alienated parent is a dangerous or unworthy person. See Bernet, et al, "Parental Alienation", American Journal of Family Therapy, Vol. 38, Issue 2, pp. 76-187.

3

Alienation is Contrary to the Children's Best Interests

Above all other considerations, the best interests of the children are controlling when the Court renders a decision on residential placement of the children. RCW 26.09.187 (3); In re Parentage of J.H., 112 Wn.App. 486, 49 P.3d 154 (2002); and In re Marriage of Possinger, 105 Wn.App. 326, 19 P.3d 1109 (2001). When one parent acts to alienate the other from the children, the result is absolutely harmful to their best interest. For this reason the Court should craft a Parenting Plan which protect children from harmful exposure to all forms of parental alienation. RCW 26.09.002, and RCW 26.09.184 (1) (e); In re Marriage of Jensen-Branch, 78 Wn.App. 482, 899 P.2d 803 (1995).

4

Disclaimer

DISCLAIMER: (C) Bruce Clement Legal Guide is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney author. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Legal Guide is general in nature and may not apply to the factual circumstances in your situation. The applicable law may be different in the State or States where the relevant facts occurred. For a definitive solution to your situation you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation.

No Comments

Leave a comment
Comment Information