Is Parental Alienation Theory Scientific and Admissible in Georgia Courts?
Parental alienation is the concept that one parent can influence their children to– irrationally and without cause — dislike, fear, hate, and even despise their other parent. Children who are victims of parental alienation usually have a difficult time even articulating why they dislike the other parent. This concept was first coined by Dr. Richard A. Gardner and has gained widespread acceptance as a real phenomenon over the last ten years or so. Despite this, the concept of parental alienation as a true psychological and scientific phenomenon remains controversial to this day. Then there is misapplication of the term “parental alienation” that is grossly overused, as if it happens in a good chunk of the child custody cases in the world. Although children are sometimes exposed to derogatory statements and behavior by their parent towards the other parent, that alone is not parental alienation. In most cases it is just good people behaving poorly and they later regret it. It is in the cases where one parent is actually psychologically taking over the children’s impression of the other parent that parental alienation really exists. It is in these cases that the court must act swiftly and boldly, as parental alienation is really a form of child abuse and can be life altering and destructive.
To distinguish between parents simply behaving poorly and regretting it later and actual parental alienation, it sometimes becomes necessary to present scientific expert evidence on the topic to the court. This can be done to both prove parental alienation and the need for extraordinary action by the court, or to defend against false allegations of parental alienation. In a Georgia court scientific evidence from an expert witness must meet the Daubert standard.
The Daubert standard for scientific evidence replaced the Frye standard. Under Frye it was more difficult to get scientific evidence into court. The expert must be testifying about a concept that has reached acceptance within the scientific community. This makes it more difficult to get more cutting-edge evidence into court. Georgia replaced the Frye standard with the Daubert standard. Under the Daubert standard, without getting too technical, the law allows into evidence expert scientific testimony that will aid the fact finder (judge or jury) in understanding the evidence of facts in the case. An expert, who conducts sound research, uses sound research methodology, and relies on these principles to make their conclusions, will generally be allowed to testify based upon their expertise.
When it comes to parental alienation cases, both defending against false claims of alienation, and prosecuting custody cases with real parental alienation issues, it may be very important to obtain an expert witness who is capable of meeting the Daubert standard and who will do so in a persuasive manner. So many expert witnesses are wary of taking a stand. A good expert witness in a parental alienation case is not only competent as required by the Daubert standard but also has the character to not equivocate and refrain from causing anger. They use their learned training and experience to educate the court on what is happening.
Parental Alienation in Georgia Law
Parental alienation cases are more common than you might think, but also one of the more difficult areas of law to properly represent clients. They can seem baffling, and the harm caused to the children is great. Clients with a child-custody case that involves allegations of parental alienation, whether being falsely accused or trying to enforce visitation rights or obtain custody of their children, need an attorney with experience in the field and not someone who will wing it as they go. This is one area of child custody law in Georgia where experience makes a big difference.
Scott Shaw is founder and principal of Shaw Law Firm PC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm has offices in Dunwoody/Sandy Springs and serves the greater Metro Atlanta area, particularly the counties of Fulton, DeKalb, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today or call us at 770-594-8309.