Q: Is the following parental alienation?

A: This rather loaded question begs the answer that yes, these are two examples of what we colloquially call "parental alienation." However, we are not psychologist experts to make that statement on the record during a trial, and we are not the judge to make such a statement after hearing expert witness testimony.

Looking at these facts from the point of view of a typical family court judge, there is simply not enough here to determine parental alienation. A psychologist assigned by the court would have to look at these and all other facts surrounding this family to render an opinion either way.

As for the first example, a court will typically not admit into evidence "independent" evaluations. The typical New York family court will assign one of its own evaluators to evaluate the situation. Independent psychologist are paid by the patient, and that means they are inherently biased in favor of the patient. That is how a typical family court judge would rule. Any such documentation would certainly be ignored both by a court and by the other parent and would deny access to to a child unless in violation of an access order.

As for the second scenario, the same approach would have to happen. The asker would have to petition the family court for a violation of the access order if one exists and introduce evidence of compliance with any agreements to take drug tests if there were such agreements. We do not know if there were. We do not know if there is an access order.

Perhaps this asker should seek out legal counsel for the best advice showing counsel all his court papers.

A: Parental alienation is a complex and contentious issue in family law, and the examples you provided raise concerns about actions that could fall under this category. In New York, parental alienation refers to behaviors by one parent that intentionally undermine or interfere with the relationship between a child and the other parent. Courts take allegations of parental alienation seriously, as it can harm the child’s well-being and affect custody and visitation arrangements.

Example One: Denial of Access Based on Mental Health Accusations

In the first example, one parent is accused of being mentally unstable and a danger to the child, but an independent mental health evaluation finds no evidence to support these claims. Despite this, the accusing parent and in-laws ignore the documentation and continue to deny access to the child.

This situation raises concerns about potential parental alienation. Ignoring objective evidence that clears the accused parent of wrongdoing and continuing to deny access to the child may indicate an effort to harm the parent-child relationship without justification. If these actions are intentional and ongoing, they could be considered parental alienation. Denying access based on unsubstantiated accusations can also violate a custody or visitation order if one is in place. Courts generally view such behavior as harmful to the child’s relationship with the other parent.

Example Two: Substance Use Accusations and Blocked Communication

In the second example, a parent in recovery from substance use disorder is accused of active use. After providing a negative drug test, the accusing parent and in-laws still block communication and prevent access to the child.

This behavior may also constitute parental alienation if it is done without a valid legal basis or in violation of a custody or visitation order. While concerns about substance use can sometimes justify temporary restrictions on access to ensure the child’s safety, the accusing parent’s refusal to acknowledge the negative drug test and their continued efforts to block communication may reflect an attempt to isolate the child from the other parent. This pattern of behavior could negatively impact the child’s relationship with the accused parent and may be viewed unfavorably by the court.

Legal Remedies in Parental Alienation Cases

If you believe you are experiencing parental alienation, the following steps may help address the situation:

Document the Alienation: Keep detailed records of incidents where access to your child was denied, communications were blocked, or accusations were made without basis. Include dates, times, and any relevant documentation, such as the results of your mental health evaluation or drug tests.

Review Custody and Visitation Orders: If a custody or visitation order is in place, check whether the other parent’s actions violate the terms of the order. Denying access or blocking communication may constitute a violation.

File a Petition for Enforcement: If the other parent is violating a court order, you can file a petition for enforcement in Family Court. The court can require the other parent to comply with the order and may impose penalties for violations.

Request a Custody Modification: If the alienation continues and harms your relationship with your child, you can request a modification of the custody order. Courts consider the best interests of the child, and ongoing parental alienation can be a factor in granting greater access or custody to the affected parent.

Seek Therapy or Counseling: Family therapy or counseling can help address the underlying issues and improve communication between parents. It can also provide support for the child, who may be caught in the conflict.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.