Parental Alienation Syndrome (Continued from page 22)
A major problem with the validity
of PAS is that it may not even meet the evidentiary standard for admissibility in Maryland. The literature criticizing PAS points to the failure of PAS to reach “general acceptance” in the mental health community. Maryland courts are extremely liberal in the scope that to which an “expert” may testify. Our courts follow the concept of admissibil- ity of scientific validity described in Frye v. U. S., 293 F. 1013 (D.C. Cir. 1923). The authors question, then, whether a mental disorder which has gained some acceptance in a colloquial sense, should be admissible as scientific proof of the condition. Regardless of whether a court allows an “expert” to testify as though PAS were a valid diagnosis, it is not dif- ficult to discredit testimony by an expert who claims that the child suffers from PAS. In cross-examination, challenges to the expert testifying in favor of PAS could explore (a) How many cases of PAS has the expert evaluated? (b) In how many of those cases did the expert find
16
Parental Alienation Syndrome: A Review of Critical Issues, Turkat, I, AAML Journal of Family Law, Vol. 18, 2002, pp. 131-176
or fail to find PAS? (c) In regard to mak- ing a diagnosis of PAS, does the expert claim that PAS is an accepted diagnosis in mental health fields and if so, why is it not included in DSM IV? (d) What treatises or books does the expert rely on in making the diagnosis? (e) What peer-reviewed journals is the expert us- ing to set forth the criteria in making the diagnosis? The attorney should explore the “facts” the expert used to make the diagnosis, and the amount of time the expert spent with each parent, the child, and collateral witnesses. Further, if PAS is based on an allegation of sexual abuse which was rejected by DSS, why did the expert believe the allegations to be true?
Systematic and Specific Courses of Action
Despite the tactic of estrangement-
alienation during custody litigation, relatively few children end up “extremely aligned” or “extremely rejected” from divorced parents17, 18
. All children of di-
vorce eventually have opinions of their parents, and if a child ultimately rejects
17
Parental Alignments And Rejection: An Empirical Study Of Alienation In Chil- dren Of Divorce. Johnston JR. J Am Acad Psychiatry Law. 2003; 31(2):158-70.
a parent, “multiple determinants” con- tribute to the worst outcomes, including “vulnerabilities within the children” and “contributions by both parents” (ibid)17
.
Given an epidemic of custody litigation that is potentially damaging to the par- ent-child relationship, an epidemiology model suggests a system-wide approach to managing the families, including increased suspicion of alienation be- havior, litigation prevention strategies, screening strategies for high-risk parents and vulnerable children, and specific intervention strategies targeting the legal process, the parent(s), and the child.
Legal Interventions In the event alienating behaviors
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occur, the following questions should clarify the need to focus on those be- haviors in any particular case: (a) Has the targeted parent committed any acts for which alienation is a predictable out- come? (b) Is the alienation a temporary response to the upheaval caused by the separation and divorce? (c) Is the child at a developmental age where it is difficult to see behavior as anything but black or white? For instance, young teenagers who learn of a parent’s adultery may react by vilifying the adulterer as evil and aligning with the “innocent” parent. (d) Most importantly, if a child is subject to alienating behavior, does the child un- derstand the negative message, and do they actually believe the information? If the answers are no, it is important for clients to pause before generating the urge to punish the alienating parent. If the parent engaging in alienating be- havior is generally stable, the alienation of the child could diminish as the par- ent navigates the upheaval of custody litigation and resolves their own anger and other issues related to the divorce. The prognosis is not so favorable if the alienating parent is not stable, due to
(Continued on page 26) 18
Custody and Visitation Interference: Al- ternative Remedies, Feinberg J. and Loeb, L, AAML Journal of Family Law, Winter 1994, Vol. 12, No. 2, pp. 271-284
Winter 2008
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