DADI Blog

What Can A Court Do About PAS?

Posted by admin on April 27th, 2006

Since it may be hard for a judge to see that Parental Alienation Syndrome is behind all the problems it can be a very hard decision on the part of the court to do much in order to prevent it from happening. Many times, judges get tired of seeing the same couples in court repeatedly fighting over visitation rights and custody of their children.

Ways in which the court can stop PAS from becoming a problem include:

* Learn from documented cases how to identify high risk cases,

* recognize the symptoms of alienation in the early stages,
* intervene as soon as possible to correct the alienation,

* stop attorney’s from using continuances to keep parents from visiting their children,

* order parents and their children into therapy

* order a Guardian Ad Litem to observe custody compliance and report to the court anytime the order is being ignored

* Do not withhold visitation from a parent unless the children are in danger

* Allow both parents to speak in court

The sad part is the court usually does not recognize such behavior or believe that both parents should work it out for themselves. Most courts today expect both parents to make joint decisions regarding the well-being of their children, but this is not always possible.

Normally, before anything is done by the courts the situation becomes worse and the alienating parent becomes desperate and even unstable. When the court sees enough that, the court order for visitation is not being upheld or other officials begin to see the alienating parent as being out of line and not as true as thought, they will begin to agree with the alienated parent.

Many times, nothing is done at all until the alienation has gone as far as the children being removed from the state or even sometimes the country. The alienating parent can go as far as changing the identity of themselves, and their children. Then head off to another country hoping to keep the alienated parent away permanently.

If the alienating parent is to be stopped, the judge must agree to give fines, jail time or change custody in order to prevent the alienation to continue if all else has failed. This can also be a hard decision for the court since many times it is the parent with custody of the children that is trying to alienate the other parent. If the parent is put in jail or has fines to pay; would that be in the best interest of the children.

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