The Kids Are Not All Right: Using the Best Interest Standard to Prevent Parental Alienation and a Therapeutic Intervention Approach to Provide Relief

36 Pages Posted: 2 Jul 2014

Date Written: June 27, 2014

Abstract

This note argues the best interest of the child standard should include parental alienation, and courts should follow a therapeutic intervention approach before modifying custody.

Parental alienation is the intentional acts of one parent to turn a child against the other parent. Parental alienation generally involves behaviors that denigrate the alienated parent, reduces contact between the child and the alienated parent, and ultimately causes the child to reject the alienated parent. These behaviors have become a serious problem for children of divorce or unhappy relationships. The alienation usually manifests following separation or divorce. Parental alienation is controversial among mental health and legal professionals as to whether it is a psychological disorder and what the appropriate legal remedy should be when it occurs.

Suggested Citation

Schwartz, Kelly, The Kids Are Not All Right: Using the Best Interest Standard to Prevent Parental Alienation and a Therapeutic Intervention Approach to Provide Relief (June 27, 2014). Boston College Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2459864

Kelly Schwartz (Contact Author)

Boston College Law Review ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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