Wednesday, March 02, 2011

Robert Wallack: Raising Awareness of Parental Alienation in Family Law Cases



lomtevas said...

I appreciate this article for its candid explanation of a serious middle class family problem in domestic relations courts.

However, this article fails to explain that parental alienation is a necessary component in any family litigation in the U.S.

When an order of child support is entered for a state's receipt of federal matching funds, a parent must necessarily lose his child. The federal Child Support Standards Act imposed upon the states by the payment of federal dollars requires different living accommodations in order for the non-custodial parent to owe support to the custodial parent. So an important litigation objective in any petition for support is the removal of a child.

This forced separation spills over into all custodial litigation. To bolster the removal of the child and the keeping away of the child, appellate division resources (law guardians and psychologists) team up to opine that the father is not good enough to be the custodial parent of the child. To take further advantage of this, "therapists" are paid a bounty to "treat" defective parents so the parents may return to ordinary visitation with their children. That is to say that unless a parent lines the pockets of the therapist, he will not have ordinary visitation.

Parental alienation comes in when a mother has been so empowered by the court and its psychologists/lawyers that she comes to believe the father is indeed a menace to the child. Court psychologists ill-experienced in families and children are opining that dad "has a porn problem", "sleeps with the child" and a variety of other unprovable allegations. Further, because the psychologist is an appellate division "resource", he typically cannot be challenged. Any rebuttal psychologist who can effectively rebut the court's expert is black-balled and labeled as a trouble maker. Appeals fall apart. Disadvantageous stips can be hastened using the kid as a carrot. Judges who never practiced law as attorneys rule over all of this.

So this apparatus snuffs out a mother’s agreement to “joint” custody and leaves the results of custodial litigation “to the court”. The father has lost his child.

This apparatus that works so well to alienate a man's children also works in reverse. A father who retains the correct attorney - usually a member of an attorney consortium - and pays well for a resource psychologist can reverse custody and alienate the child from the mother. Child support and parental alienation now flow in reverse.

Jim Hueglin said...

Mr Lomtevas.
Thank you for your insightful comment on how a requirement of the Federal Child Support Standards Act leads to a child being alienated from either their mother, or their father.