Our Family Law and Custody Lawyers Help with Parental Alienation in California

Research has shown that in the vast majority of circumstances, it is strongly in a child’s best interests to maintain a meaningful relationship with both parents after a separation or divorce. The California courts have recognized the importance of children maintaining both parental relationships as well, and, for this reason, in divorce and separation proceedings, neither parent is inherently favored over the other.  

Unfortunately, in some circumstances, parents will attempt to put distance between their children and their former (or soon-to-be-former) spouse or partner. While a controversial term, this effort is often referred to as “parental alienation.” 

What Constitutes Parental Alienation?

Parental alienation involves undertaking intentional efforts to create a divide between a child and his or her other parent. Typically, parents attempt to engage in alienation because they believe that it will help preserve their relationship with their child following a separation or divorce. By convincing the child that spending time with their other parent is unsafe or that their other parent does not love them as much as they do, the goal is to somehow come out more favorably concerning custody, visitation and the meaningful time they spend with their child.

Such attempts can have devastating and long lasting negative effects on children. Parental alienation can be psychologically harmful to the child, and, if proven, it can impact custody in favor of the non-alienating parent. Efforts that can lead to these consequences include:

• Blaming the other parent for the parties’ separation or divorce;
• Telling the child that the other parent has been violent or is otherwise dangerous;
• Calling the other parent names or making other negative comments about the other parent;
• Making false statements about the other child, such as saying that their other parent doesn’t care about them or doesn’t want to live with them; and,
• Involving the child in separation or divorce proceedings so that he or she “can see” what the other parent is “doing to the family.”

How Can You Prove Parental Alienation in California?

If you believe that your current or former spouse or partner may be engaging in attempts at parental alienation, you should consult with an attorney promptly. It generally is not advisable to attempt to deal with your child’s other parent directly, and you need to make sure you do not do anything that could be viewed as an attempt at retaliation.

At Seastrom Tuttle Murphy Dockstader, our Irvine parental alienation lawyers can advise you of what to do, and we can undertake appropriate efforts to gather evidence of your child’s other parent’s attempts at alienation. Some of the types of evidence that can be used to prove parental alienation include:

• Voicemails, emails and text messages
• Social media posts
• Testimony from friends and relatives
• Testimony from a custody evaluator
• A report from an appointed minor’s counsel
• In appropriate circumstances, testimony from your child

Speak with an Irvine Parental Alienation Lawyer at Seastrom Tuttle Murphy Dockstader

If you need to speak with a divorce attorney about responding to your spouse or partner’s (or former spouse or partner’s) attempts at parental alienation, we encourage you to contact us for a confidential consultation. To speak with an Irvine parental alienation lawyer at Seastrom Tuttle Murphy Dockstader as soon as possible, call 949-474-0800 or inquire online now.

Common Questions About Parental Alienation Claims in California Custody Cases

Does California law recognize parental alienation?

California courts address the conduct rather than a diagnosis. There is no statutory cause of action called parental alienation, and courts treat labels like alienation syndrome with caution, because it is not a recognized diagnostic category. What the law does address is directly relevant: in deciding custody the court considers which parent is more likely to support the child’s frequent and continuing contact with the other parent, and a demonstrated pattern of undermining that relationship weighs heavily. So the effective approach is to prove specific conduct and its effect on the child, not to argue a syndrome.

What conduct actually matters to a court?

Concrete, documentable behavior. Repeatedly withholding or shortening court-ordered time, scheduling activities to displace the other parent’s days, blocking phone and video contact, intercepting communication, disparaging the other parent to the child or in the child’s hearing, enlisting the child as a messenger or informant, and interfering with the other parent’s access to school and medical information. A contemporaneous record, a log of missed exchanges, texts, emails, school and activity calendars, is far more persuasive than characterization, because the pattern is what the court needs to see.

Why are courts careful with these claims?

Because the same facts can have two very different explanations. A child’s reluctance to spend time with a parent can reflect one parent’s influence, or it can reflect the child’s own reasonable response to that parent’s conduct, including abuse. Alienation is sometimes alleged precisely to discredit a legitimate safety concern, and safety concerns are sometimes dismissed as alienation. California law directs courts to weigh a history of abuse seriously and does not require them to favor contact where abuse has occurred. A responsible presentation therefore addresses that alternative explanation rather than ignoring it.

What remedies are available where interference is proven?

A range, and courts generally start with the least drastic. Options include clarifying or tightening the parenting order to remove discretion, ordering make-up time for time lost, appointing a custody evaluator or a minor’s counsel, ordering co-parenting counseling or a reunification therapist, requiring a neutral exchange arrangement, and awarding attorney fees against the interfering parent. Where the pattern is severe and persistent, a change in physical custody is available, but courts require substantial evidence before disrupting a child’s living arrangement, which is another reason documentation matters more than argument.

About the Firm

Seastrom Tuttle Murphy Dockstader is a family law firm in Irvine representing clients throughout Orange County, and in Los Angeles County. The firm practices family law exclusively. Its attorneys include Fellows of the American Academy of Matrimonial Lawyers and of the International Academy of Family Lawyers, and attorneys certified as specialists in family law by the State Bar of California Board of Legal Specialization. Call 949.474.0800 to discuss a custody matter involving interference with a parent-child relationship.