As the second of a series, this paper attempts to further explore the phenomenon of parental alienation in domestic relations cases by exploring the often frustrating position that many courts take with regard to blatant and obvious violations of the fundamental rights of parents to raise and know their children. Ofttimes, where courts have found the most blatant interference and harmful manipulation by one parent of the other parent's formerly close relationship with a child, the court either forces a detrimentally aligned child into the custody of the wrongfully vilified parent, thereby harming possible the child and that injured parent, or the court does nothing at all but acknowledge the wrong and declare itself powerless to act. The third option, which this paper asserts, is to allow a tortious action against the alienating parent, to punish and deter interference with the parent-child relationship of a formerly loved and now unreasonably rejected parent.
- domestic relations,
- family law,
- parental alienation,
- unreasonable rejection of formerly loved parent as tort
Available at: http://works.bepress.com/bruce_beverly/6/