Parental Alienation – Science and Law

Product Description

Parental Alienation – Science and Law explains the research that creates the foundation for the assessment, identification, and intervention in cases of parental alienation (PA). For attorneys, judges, and family law professionals, this book explains in detail the scientific basis for testimony and legal decisions that relate to PA. There are two complementary features for most of the chapters. First, the chapter authors address how evidence regarding PA meets the criteria of the Frye, Daubert, and Mohan cases as well as the Federal Rules of Evidence for testimony by experts. The second feature is to refute common misinformation. There is debate and disagreement about some aspects of PA theory. The editors of this book are concerned that some of the discourse regarding PA has spun out of control, into pervasive misinformation. This book provides plenty of evidence for overcoming that hurdle. The editors of this book and the chapter authors have extensive experience with both clinical and legal aspects of divorce, child custody, parenting time evaluations, PA, and related topics. The editors and chapter authors include six psychologists, three physicians, two social workers, four attorneys, and one judge. Collectively, these mental health professionals have testified as expert witnesses hundreds of times regarding family law topics. As an additional feature, the book contains four appendices and three indexes. Appendix A defines the concepts used in this book, so that the chapter authors and readers will use terminology in a consistent manner. Appendix B lists more than one thousand trial and appellate cases in the U.S. involving PA, organized by state. Appendix C presents twenty rather dramatic vignettes involving PA. Finally, Appendix D, Sample Motion and Brief for Extended Voir Dire, provides a motion and supporting brief asking the court to allow extended time to examine the competency of a proposed expert.

Review

In the last 30-40 years there has been an explosion in research, enquiry and consequent understanding of the factors which impact on the healthy development of a child. Child abuse, exploitation, domestic violence, parental mental health and functioning including drawing these factors together in an understanding of the cumulative and multiplicative effect in adverse childhood experiences. Where research and enquiry has led, improved public awareness, practitioner training, evidence-based intervention and protection in law has followed. Parental alienation – a child’s resistance to, rejection of or refusal to engage in their relationship with a good-enough loving parent – is the latest of these factors. In some sectors, the suggestion that a child can and does resist a parent or care-giver who has not caused them harm is rejected out of hand. However, those who work with children and families forensically and therapeutically, increasingly recognise this psychological response and the impact it has on the child. Parental Alienation – Science and Law seeks to bring together the research that creates the foundation for the assessment, identification and intervention in such cases. The first section of the book – Clinical Considerations and Research – brings together theory, assessment, prevention and intervention as well as empirical research. Several chapters challenge the myths and misinformation around parental alienation. Of utmost importance, particularly to those engaged as an expert in family law cases, is the recognition that we do not seek to find evidence of parental alienation, but we seek to identify why a child appears resistant to a parent. Of importance and relevance to everyone who works with children and families is Harman and Matthewson’s chapter on Parental Alienating Behaviors. Increasingly, there is an understanding of parental alienation as a form of family violence, with many of the identified alienating behaviours firmly rooted in power and control. Warshak’s chapter