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Family Court Strategies: When Your Partner Has BPD OR NPD Traits. Practicing lawyer, Senior Family Mediator, and former Licensed Clinical Social Worker with twelve years’ experience and an expert on navigating the Family Court process.
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Author Topic: How do your courts view PA?  (Read 691 times)
sanemom
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« on: January 24, 2013, 09:31:00 PM »

Just wondering... .  it seems to be a hot button in some courts while other courts think it is akin to Santa Claus (a myth).

Our attorney seems to get it totally, but neither he nor we think our GAL gets it.  We sent all the documentation of PA to our attorney.  The research shows a list of 20 PA behaviors, and we have at least 10 very well documented behaviors that mom engages in.  Our attorney wants to have the documentation info coming from him rather than us--not sure why, but we trust him.  Maybe he doesn't want us to attack the GAL too much... .  Laugh out loud (click to insert in post)
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tog
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« Reply #1 on: January 25, 2013, 04:54:27 AM »

In our case, I think they believe in PA, but stbxw and SS have them so confused with all of their lies, that while they do believe she has helped turn SS against SO, they also believe that some of it is due to SO's actions, a larger share than really is, if that makes sense.

SS has told people he's terrified of his father and they have a terrible relationship and all of this stuff that isn't true. For whatever reason, they don't fully see her influence behind that. But they don't fully believe it either.

Meh, they've taken a neutral stance, basically.
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BentNotBroken
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« Reply #2 on: January 25, 2013, 05:42:30 AM »

PAS may be considered a myth, but alienating behaviors to cut the other parent out of a child's life or to discourage love for the other parent are considered child abuse in my state. It was a relief to be able to put a name, Hostile Aggressive Parenting (HAP) to BPDex's behavior, and to see that the state laws clearly defined it as child abuse.

I knew that what she was doing was abusive to both my son and me, but I was unsure if the court would recognize it as such.
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DreamGirl
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Who in your life has "personality" issues: Romantic partner’s ex
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« Reply #3 on: January 25, 2013, 01:53:46 PM »

Hey sanemom,

I'm not sure how courts view Parental Alienation. I've seen instances where a well intentioned mom has alienated her child from the other parent, thinking it was best.

It's hard to prove, especially when the belief of the alienating parent is that he/she is doing the right thing.

I wanted to offer this link:

https://bpdfamily.com/message_board/index.php?topic=104479.0

It talks about ways in dealing with the difficulty these kinds of situations can bring.

~DG
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  "What I want is what I've not got, and what I need is all around me." ~Dave Matthews

Matt
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« Reply #4 on: January 25, 2013, 04:11:45 PM »

My lawyer told me not to use the term "parental alienation", because the judge would be put off by it.

She said we can show any evidence we have, and the judge would make up his own mind, but talking directly about PA would make the judge push back.

Some judges think PA has been way exaggerated, and anybody who talks about it will lose credibility.
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BentNotBroken
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« Reply #5 on: January 25, 2013, 04:29:03 PM »

PAS may be considered a myth, but alienating behaviors to cut the other parent out of a child's life or to discourage love for the other parent are considered child abuse in my state. It was a relief to be able to put a name, Hostile Aggressive Parenting (HAP) to BPDex's behavior, and to see that the state laws clearly defined it as child abuse.

I knew that what she was doing was abusive to both my son and me, but I was unsure if the court would recognize it as such.

Correction, in my state it is case law that has determined HAP to be child abuse. I checked after I posted.
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