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Parental alienation typically involves one parent being excluded from contacting or exercising parenting time with their child. Pursuant to MCL 722.23 the court is required to consider the best interests of the child when entering orders as to custody and parenting time. There are several factors the court must consider in regard to a child’s best interests. Whether parental alienation exists is not a specific factor within the statute but it can certainly be considered as the ability of the parents to encourage the relationship between the child and the other parent is a specific factor the court will assess.
Michigan statute MCL 722.27a within the Child Custody Act of 1970 identifies the importance of a child generally having a strong and well-bonded relationship with both established parents.
The following are only some behaviors that can lead to allegations and findings of parental alienation:
When a parent alienates their child from the other parent they often do so with the goal of getting their desired child custody and parenting time arrangements in a high-conflict custody case. This can backfire on a parent. It can have the opposite effect on accomplishing their goal as the Court tends to see alienating behaviors as damaging to children.
There are times when a parent must take affirmative action to prevent a child from being injured either emotionally or physically by the other parent. This may require cessation of typical parenting time or electronic contact between the child and offending parent. In that scenario it is best to facilitate a safe form of contact between the parent and the child. This could be supervised parenting time, reintegration or reunification therapy, family therapy, supervised electronic contact, or any combination of the same. It is much easier to combat a claim of parental alienation if what is perceived to be parental alienation is truly gatekeeping behavior meant to keep a child from imminent harm and the parent is still encouraging safe contact between the potentially harmful parent and the child. The ability to facilitate a safe relationship between a child and a parent is going to be of utmost importance when a court is reviewing the other facts and circumstances of the case.
Not all cases are truly parental alienation. There may be other things leading to a child’s resistance to spending time or communicating with at least one of the parents. For example, a young child may struggle with separation anxiety from a parent, especially if the parents recently separated. Older children may isolate themselves from one parent if they feel their rules are stricter than the other parent. Sometimes third parties involved with one parent can contribute to the strained relationship with that same parent.
Before accusing one parent of parental alienation it is important to first identify whether there are alternative contributors to the strained relationship between a parent and at least one child. If parental alienation is in fact present, there are options to help address the problems and rekindle the relationship with the alienated parent and child, including the use of experts with experience in true parental alienation.
Contact McKinney Vos today to set up a free consultation to discuss your concerns with parental alienation, whether you are the accused alienator or the parent alienated from your children. Parental alienation cases can be extremely contentious and complicated. Our attorneys can help you appropriately navigate them in any stage of your divorce or child custody action.a
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