Creative Solutions Are Required When the Warning Signs of Parental Alienation Syndrome Show Up in Divorce

June 13, 2011
By Easley & Marquis, PLLC on June 13, 2011 4:23 PM |

The lawyers of the Plano-based Family Law firm of Easley & Marquis believe that both parents should have loving relationships with their children. Sharon Easley, who frequently represents parents who are concerned that their children are being alienated from them by the other parent, has found that children of divorced parents are frequently the victims of Parental Alienation Syndrome (PAS). She has worked diligently to encourage family court judges to consider more creative solutions when the signs of parental alienation are present.

Parental alienation is the action of one parent in an attempt, even if subconscious, to turn the children against the other parent. Parental Alienation Syndrome is the result of the conscious or unconscious efforts of one parent to alienate the children from the other parent. This alienating behavior may start during the divorce process itself or begin later, such as upon the remarriage of one of the parents. Sharon Easley, a partner of Easley & Marquis, is a seasoned attorney specializing in all areas involving child custody matters, including PAS.

The affects of PAS are devastating to both the children as well as the alienated parent. One of the most significant signs in a child that one parent may be alienating that child from the other parent involves unexplained and unwarranted anger by the child toward the potentially alienated parent. Other warning signs of PAS, which were developed by Dr. Douglas Darnell, include the following actions by the alienating parent:

• Blaming the other parent for the divorce or financial difficulties;
• Barring or trying to bar the other parent from the child's activities;
• Allowing the child to choose whether or not to see the other parent;
• Providing the child details of the divorce;
• Encouraging the child's anger toward the other parent;
• Asking the child to spy on the other parent;
• Eavesdropping on phone conversations between the child and the other parent;
• Acting sad when the child enjoys time with the other parent;
• Arranging activities that interfere with the visitation schedule; and
• Preventing or trying to prevent access to school and medical records.
• Preventing or trying to prevent access to school and medical records.

A post-divorce case in which several PAS warning signs were present was recently handled by the Plano-based family law firm of Easley & Marquis. In that case, the father, who had been living a great distance from the children, sought and was awarded temporary custody of the children. While the case was pending, the mother, with whom the children had been living, communicated with her children about ways to make their father angry, encouraged them to talk disrespectfully to him, and called their friends' parents and made false claims about abuse by the father toward her and the children. The Texas judge, who was very familiar with the research on PAS, interviewed the children, who told him they hated their father and wanted to return to live with their mother in Texas. Following the trial, the judge suspended all of the mother's access to the children for 90 days to give the father an opportunity to re-establish his bond with the children. The judge advised the father that he would order that the children return to Texas at the end of the 90 days, if they still wanted to live with their mother.

A judge making such an order has been a very rare occurrence in Easley & Marquis' experience in handling custody disputes. His ruling in this case, however, was very successful for their client and the children. After the children had the opportunity to get to know their father better without interference by their mother, they told the judge they realized their mother had been trying to make them hate their father and they now wanted to continue living with their father. He was awarded permanent, primary custody.

Parents should remember, that PAS does not occur overnight. The case discussed above lasted several years and was very expensive for all the parties involved. To minimize the effect of parental alienation, therefore, if you observe any of the above-mentioned signs, you should act immediately to address this disturbing behavior, whether that be through counseling with a therapist knowledgeable about PAS or through the courts. The lawyers at Easley & Marquis have successfully tried cases involving PAS and work diligently to prevent any further alienating behavior. The road to a successful conclusion, however, is very long, especially when the alienation has been occuring over a long period of time.