Sunday, March 11, 2012

The Evidentiary Admissibility of Parental Alienation


The Evidentiary Admissibility of Parental Alienation

American Bar Association's Children's Legal Rights Journal, April 1, 2006
Since 1985, in jurisdictions all over the United States, fathers have been awarded sole custody of their children based on claims that mothers alienated these children due to a pathological medical syndrome called Parental Alienation Syndrome ("PAS"). Given that some such cases have involved stark outcomes, including murder and suicide, PAS' admissibility in U.S. courts deserves scrutiny. This article presents the first comprehensive analysis of the science, law, and policy issues involved in PAS' evidentiary admissibility. The author analyzes every precedent-bearing decision and law review article referencing PAS in the past twenty years, finding that precedent holds PAS inadmissible and the majority of legal scholarship views it negatively. 

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