Mom Loses Custody For Alienating Children From Their Father For Over A Decade

pas_can1.jpgAn Ontario, Canada, Superior Court Judge issued a thorough well-reasoned but very unusual decision on January 16, 2009, changing custody of three (3) girls, ages 15, 11 and 9, from their primary caregiving mother to the father based upon evidence of a long pattern of parental alienation.  In fact, Mother had denied Father, a vascular surgeon, any contact with the girls for about two (2) years before these proceedings.

Judge Faye McWatt not only changed custody to the father, but denied Mother any contact with the girls for at least 90 days.  The Court concluded that Mother had conducted a “consistent and overwhelming campaign for more than a decade to alienate the children from their father”.

The Court was impressed with the testimony from Dr. Barbara Fidler, an expert in the field of parental alienation.  The Court, in its decision, stated:

Dr. Fidler testified that children are more susceptible to alienation in certain age ranges. She explained that from 5 to 8 years of age, children can have shifting allegiances to parents. Once a child’s brain develops to a point where the child can hold both positive and negative information about a parent, though, children can become confused. They begin … Read More... “Mom Loses Custody For Alienating Children From Their Father For Over A Decade”

Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients

bwilson.jpgYou may not be aware that, years after you have prepared a separation agreement, it may have a direct bearing on whether your clients are covered under their auto or homeowners’ insurance policies in a variety of accident scenarios.

Here’s a typical scenario. Months or years after Mom and Dad are divorced, one of them hands the car keys to “Junior,” who negligently wrecks the car and injures another motorist. One or both parents, thinking that Junior is covered under their auto policy, turn the claim into their insurer, only to be shocked that the insurance company denies the claim.

There are two principal reasons why the claim might be denied: Junior is not a “named insured” or a “resident relative” under the policy. If the denial holds water, Junior and perhaps his parents may be exposed to personal liability, and the distinct prospect of bankruptcy. The question is: Is there anything the divorce attorney can do to ensure or increase the likelihood that minor children will be covered in a future accident under one or both parents’ insurance policies?

This accident scenario has been frequently litigated. Courts examining this issue have focused on what constitutes “residing” with a particular … Read More... “Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients”

Ho! Ho! Ho! Holiday Ramblings from the Publisher . . .

I want to wish everyone a most joyous holiday season!

hoho.jpgThis is an appropriate time to reflect upon memories of past Christmas celebrations and traditions. In our family, we were very involved with a Christmas project providing gifts for needy children for many years while our sons were growing up. As a family, we spent countless hours working at the Center. We have tried to instill upon our family the importance of sharing and helping others. It is too easy this time of year to become consumed by all the shopping, decorating, numerous errands and superficial things. Focus can be lost on real matters of consequence, such as the meaning and importance of family. Regardless of one’s religious convictions, this is an excellent time to reflect upon our core values and aspire to do what we each can to make the lives of others around us better, even if it is in some small seemingly insignificant way.

Family issues are obviously important, both personally and professionally. Much of my professional life is spent with clients discussing family and marital issues. In my conferences with clients, I often find that many have obtained bad or erroneous information from family, friends or … Read More... “Ho! Ho! Ho! Holiday Ramblings from the Publisher . . .”

Can Parental Alienation Be Far Behind? The Warning Signs Every Family Lawyer Should Know

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

jud_pas.jpgIt is important that family law attorneys remain aware of the patterns of behavior found in cases involving possible parental alienation and pay heed to ongoing complaints by clients experiencing even the early stages of alienating behavior. Early in a custody case it can be very apparent that one parent is extremely angry, bitter or feels betrayed, by both the other parent and by expectations of the “system”. Having to share custody may only intensify the anger due to having to continue the relationship with a person they despise. Then a campaign begins to align the children to his or her side and together with the children work to destroy any viable relationship with the target parent.

Often the alienating parent will file false domestic violence charges, seeking the easy route to obtaining sole custody by obtaining a civil protection order which includes the children. During this stage, the alienating parent, most often the … Read More... “Can Parental Alienation Be Far Behind? The Warning Signs Every Family Lawyer Should Know”

What Is Parental Alienation And Parental Alienation Syndrome?

sep_pt1.jpgSubmitted by Robert L. Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

There are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation. Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases it doesn’t, and instead it continues and escalates to what has become referred to as “Parental Alienation Syndrome”. This disorder was first identified by Richard A. Gardner, a forensic psychiatrist, in the mid-1980s, and defines it as:

A disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is
… Read More... “What Is Parental Alienation And Parental Alienation Syndrome?”

What If You’re Not The Parent You Wanted To Be?

ramey_par.jpgParenting is not what you expected. Children are not the joy you anticipated. You’ve turned into the type of parent you vowed you’d never become.

What went wrong?

Perhaps this is related to your expectations. You had such high hopes for what it was going to be like to raise children. In an environment of love and acceptance, you knew that children would respond with kindness and affection. You put your children as your highest priority, ahead of your own interests and even before the relationship with your spouse.

In return for that passionate commitment, you expected to be around children who were generally well behaved, creative, sensitive, bright and engaging. While your kids sometimes act those ways, they are typically self-absorbed, insensitive and even mean-spirited. Completing simple chores become battles. For all that you have given them and for all of your sacrifices, why the heck can’t they just take out the trash once a week? Your kids don’t do as they are told, and it really doesn’t seem to matter what effect this has on you and your spouse.

You have responded in ways that you could never have imagined. You’ve lost your temper and occasionally spanked your … Read More... “What If You’re Not The Parent You Wanted To Be?”

Are Parents with ADHD Children at a Higher Risk for Divorce?

adhd.jpgA recent study correlating divorce rates among parents with ADHD children was recently conducted by Brian T. Wymbs and William E. Pelham, Jr., at the University of Buffalo, and published in the October, 2008, issue of the Journal of Consulting and Clinical Psychology. The conclusions included that raising ADHD children can place a strain on any marriage. The results showed that 22.7% of couples with an ADHD child became divorced by the child’s 8th birthday, as contrasted with 12.6% in the control group whose child had not been diagnosed with ADHD. Interestingly, after the child reached the age of 8 years old, there was not a significant statistical difference in the divorce rates between couples with or without an ADHD child. For more information about the study, including the characteristics which may impact the likelihood of a divorce, click here.

… Read More... “Are Parents with ADHD Children at a Higher Risk for Divorce?”
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