Litigating Parental Alienation Claims: Strategies, Investigation, Obtaining Evidence, Role of Experts, Intervention

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Family Law
- event Date
Monday, July 29, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss the issue of allegations of supposed "parental alienation" and offer guidance for handling a case involving such allegations in court. The panel will discuss the term "parental alienation," why it is controversial, how to defend against a claim of "parental alienation" in cases involving allegations of child abuse, how to litigate alleged matters where the resist/refuse dynamic presents itself, the role of a child's attorney or guardian ad litem, and practical strategies for obtaining and admitting evidence to prove or defend against such allegations.
Faculty

Mr. Stange is a founding partner of Stange Law Firm, PC, a multi-state family law firm with offices in Missouri, Illinois, Kansas, Oklahoma, Nebraska, Indiana, Iowa, Texas, and Kentucky. Through his dedication to clients and their family law cases, Mr. Stange has been recognized for numerous awards including Super Lawyers, Missouri & Kansas Super Lawyers Honoree for Family Law, 2015 to present (The final published Super Lawyers list represents no more than 5% of the lawyers in the state); and Missouri Lawyers Media, The POWER List Top 30 for Family Law, since 2020. He is the author of a chapter in a book through Thomson Reuters (Aspatore Publishing) titled, Strategies for Military Family Law: Leading Lawyers on Navigating Family Law in the Armed Forces (Inside the Minds). Mr. Stange released a full-length book through Thomson Reuters (Aspatore Publishing) titled, Prenuptial Agreements Line by Line. He authored another chapter in a book through Thomson Reuters (Aspatore Published) titled, Strategies for Illinois Family Law: Leading Lawyers on Leveraging Alternative Dispute Resolution, Negotiating Alimony and Child Support, and Managing Client Expectations (Inside the Minds). Mr. Stange is licensed in Missouri, Illinois, and Kansas; and before the U.S. District Court for the Eastern District of Missouri. He earned his J.D. degree from the University of Missouri-Columbia.
Description
Ever more frequently, family lawyers are having to defend claims of alleged "parental alienation," which supposedly occurs when a child is deliberately manipulated to align him- or herself with one parent and to refuse contact with the other. Counsel need practical strategies for investigating and litigating emotion-laden allegations in light of the law, science, and how various courts define the problem and deal with it.
The concept of "parental alienation" is a controversial topic/label and the evidence in support of it is questionable. "Parental alienation" is frequently misused as a construct to counter allegations of all forms of child abuse. Experts, such as counselors or psychiatrists, may have an economic interest in both diagnosis and therapeutic intervention. Proponents of "parental alienation" often fail to recognize the multiple legitimate reasons children have for resisting/refusing contact with a parent. A genuine case of parental manipulation, however, can lead to a parent being deprived, without justification, of the fundamental right to a relationship with their child.
Listen as this experienced panel of parent and child attorneys guides family law attorneys from investigation through handling a parental alienation case in court.
Outline
- What is parental alienation?
- Case strategy to prove parental alienation
- Case law examples
- Facing false abuse allegations head-on
- Identifying witnesses who will strengthen your case
- Structuring your approach based on the age of the child
- Using a custody evaluator to prove/disprove alienation
- Obtaining social media, text, and email evidence
- Admissibility of evidence and expert testimony: overcoming top challenges
- Witness examination: key questions you need to ask
Benefits
The panel will review these and other key issues:
- What are the controversies surrounding the label of "parental alienation" in the mental health profession and in the legal profession?
- Understanding the implications of "parental alienation" allegations for children’s safety and credibility
- What should be the role of a child's attorney or a guardian ad litem?
- How to litigate a case where the resist/refuse dynamic presents itself
- How to defend against a claim of alleged "parental alienation"
- How to keep the focus on the child's best interests and a child-centered resolution
- What are the purported remedies for the resist/refuse dynamic, and are they effective?
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