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Divorce and custody disputes are by their nature painful and often exceptionally adversarial. Sometimes in custody disputes one parent seeks advantage by bad-mouthing the other parent to the children. Additionally, in more extreme cases, a parent in a divorce or custody litigation may even try to persuade a child to make false claims of abuse or neglect against the other parent. Courts in every U.S. state take these matters very seriously and this behavior is strictly prohibited. A parent faced with this problem can bring a custody or divorce action or he or she can file a post-judgment motion to prevent this conduct or to modify an existing custody order. In New Jersey, for instance, the court has the authority to order compensatory, make-up parenting time. A family court judge also has the authority to reduce or limit the custodial rights and parenting time of the offending parent if it can be proven that the alienating behavior is causing harm to the children.
Generally, across the U.S. judicial system redress for the parent suffering from the other’s attempt to alienate him or her from the children is found in state family courts and is limited to family court remedies. In New Jersey, however, an appellate court found that in extreme cases when “one parent falsely and intentionally accuses the other parent of sexually abusing the child” the door would be open for a parent to file a civil action for damages. Another New Jersey court opined that where a grandparent colluded with a parent to withhold a child and lied to the child that the absent parent had abandoned him, civil liability might be a remedy. Whether and what remedies are available in cases of deliberate alienation by one parent against the other is governed by each separate U.S. state’s laws and will vary. Seek counsel from your Ally Law member firm to determine how best to legally approach parental alienation behavior if you find yourself in this difficult situation. Ally Law member firms have attorneys who practice in family law and have experience in seeking legal redress and/or in negotiating situations arising out of family disputes, and have knowledge of the specific laws and practices in your state. For more information about Ally Law member firm services in this area, contact us at team@ally-law.com.
Click here for the complete article by Ally Law member firm Obermayer, Rebmann, Maxwell & Hippel, LLP.
