ATTORNEYS AT LAW

1009 W 7TH AVENUE

ANCHORAGE, ALASKA 99501

TELEPHONE: (907) 279-4529

FAX: (907) 279-9223

In Alaska, there are certain factors written in the law which a court must consider in making a child custody award. One of these factors is "the desire and ability of a parent to allow a frequent, open and loving relationship between the child and the other parent." This article addresses the issue of parents who intentionally attempt to undermine a child's relationship with the other parent, also known as "parental alienation."

Adult relationships fail for many reasons. Often, at the end of a relationship, there is animosity between parents. A bitter divorce can leave a spouse emotionally and financially devastated. Sometimes a spouse can carry that anger around for years after a divorce is over. This anger may manifest itself around the children. Parents should make a conscious effort to separate their own feelings about the other parent from their children. A child who hears a parent calling the other parent names is caught in the middle of something that is impossible to fully comprehend at an early age. Children may blame themselves for the failed relationship of the parents and may in turn harbor anger at one or both parents as a result.

Children do best when they are loved by both parents. Parents who make disparaging comments about the other parent in the presence of their children can cause great distress in a child.

It is unfortunate that some parents alienate the other for strategic reasons. For example, in order for a court to find that parties can have joint legal custody, the court must make a determination that the parents can communicate effectively about the needs of their children. Parents with joint legal custody are required to discuss important decisions about their children with one another before taking any action. Occasionally one parent will intentionally cut off contact with the other parent so that the court will not be able to find that there is good enough communication to award joint legal custody. A spouse who already has physical custody of a child may cut off the other parent so that a court will sever any chance of joint custody from occurring. This is an unfortunate result because the net effect is that the children lose out on having both parents involved in the important decisions surrounding their lives.

Another troubling area in which parental alienation occurs concerns parents who falsely or mistakenly accuse the other parent of molesting or otherwise abusing their children. While it is extremely important that abusers are prevented from causing harm to children, there is a great risk that the mere accusation of an otherwise innocent parent of such conduct can severely impact the parent-child relationship for life. Courts often err on the side of protecting children while investigative agencies such as the Division of Family and Youth Services become involved and attempt to determine if abuse occurred. But during the time of the investigation and subsequent court actions the accused parent is often treated as an abuser. Young children who are questioned by adults on these issues may not fully understand what they are asked and their responses can be misleading. Parents can also coach their children and otherwise influence their perceptions. In the past, child abuse has often been unreported. As it becomes a more central issue in our society, the agencies and the courts are struggling to balance the issues so that proper steps can be taken to identify abuse and take appropriate steps to protect children who are its victims.

Finally, parental alienation can occur when one parent wrongfully removes or withholds a child from the other parent. In Alaska, willful failure to allow court ordered visitation is punishable by a fine of up to $200.00 per occurrence. Custodial interference is also a crime. Parents who wrongfully abduct children may violate federal laws including the Parental Kidnapping Prevention Act and the Uniform Child Custody Jurisdiction Act.

It may be wise to speak with an attorney who can answer your question regarding matters involving your children The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding custody and visitation issues.

Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including child custody, divorce, child support and adoption. He is the author of The Alaska Family Law Handbook, which is available in local bookstores and can be obtained by calling (907) 279-4529. Articles on legal topics of interest to Alaskans can be accessed on the internet at Http://www.alaska.net/~pradell © 1998 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.