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I follow a group on FB called Modern Law. The owner is an experienced divorce attorney who is divorced, re-partnered, has kids with her X, and is an SM. She has a short video covering the 5 elements that must be present to move forward with a PA case.
She indicates that the one type of family law case that is least understood and most screwed is alleging PA.
Mandatory elements that must be present.
1. The child must refuse all visitation. If there is any ongoing visitation. Their is no alienation.
2. There has to have been a good relationship between the child and the recently alienated parent before the new or recent alienation. If the child has never had a relationship with the child and refuses to engage in newly initiated contact. That is not alienation.
3. There can be no substantiated evidence of abuse or neglect. If there has been any prior abuse or neglect you cannot claim that you are being alienated.
4. You must show specific alienating behavior by the alienating parent. e.g. speaking negatively about the alienated parent in front of the child.
5. The alienated child must consider the alienated parent as entirely bad.
If any of these 5 elements are not present, there is no case for alienation.
If all are present, then you can move forward in making your case for alienation.
Her name Is Billie Tarascio. She is an Arizona family law attorney & owns Modern Law. I have been following her for a couple of years.
Another thing regarding PA that I found recently is the 4-Cs and 4-As of PA.=16pxWhat are the 4 A's of parental alienation? In his (an unnamed attorney) experience the alienating parent presents with what he calls 'the four C's', they are cool, calm, charming and convincing; the alienated parent presents with what he calls 'the 4 A's' – [color=#040c28]anxious, agitated, angry and afraid.[/color]
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In Chef's case YES to all of those elements. The courts are still winking at PAS.
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Billie Tarascio also owns the Modern Divorce Support Group on FB. It appears to me to be a very good resource for support during divorce and a good reference for structuring and managing high conflict coparenting situations.
Here is the link.
The Modern Divorce Support Group | Modern Law
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