Richard A. Gardner, M.D.

, is the creator of the creator and main proponent for

Parental Alienation Syndrome(PAS) theory.All legalhighlightedingreen allwith
directlinkstolegalrunmouseoverlegalandclicktoaccesslegal

Published:04/20/1999at1:00AM
CHILDCUSTODYFORSEXOFFENDERS
Readmoreat
http://www.wnd.com/1999/04/2738/#HdKEqib9xdZu1GVC.99
EXCERPT: Inevitably, Gardner 's sole experimental authority for this PAS theory is
Alfred C. Kinsey. In fact, Gardner largelyplagiarizes Chapters 5 in Sexual Behavior in
the Human Male (1948) and Female (1953) to show child molestation is normal.
http://www.wnd.com/1999/04/2738/#HdKEqib9xdZu1GVC.99

JudithGelernterReisman,Ph.D.:Table34
www.dr
judithreisman
.com/archives/2010/10/
table
_
34
.html
Oct 11, 2010
This is "
Table 34
" from Sexual BehaviorintheHumanMale(1948)page180,
5monthbabytestedfor"orgasm"allegedlyhas"3"andthe4year...
How Junk Sex Science Created a Paradigm Shift in Society, Legislation and the
JudiciaryByJudithA.Reisman,Ph.D.
ByJudithA.Reisman,Ph.D.
Excerpts section "State Legislation "Texas: A Case Study "Many womenhavetestifiedunder
oath regarding the forced removal of their children based on the scientifically inept theory of
Parental Alienation Syndrome promulgated by Kinseyanadherent Richard Gardner and his
disciples. This suggests that fewjudgeshavereadthefollowingexcerptfromthereportofthe
AttorneyGeneral'sTaskForceonFamilyViolence.

Judges should treat incest and molestation as serious criminal offenses.... Incarceration,
whether in hospitals, treatment centers or prisons, is absolutely essential to the protection of
the nation's children. Theonlytrueprotectionforchildrenfromapedophileisincapacitationof
theoffender.25"

The Evidentiary Admissibility of Parental Alienation Syndrome: Science, Law, and Policy Jennifer
Hoult
TheEvidentiaryAdmissibilityofParentalAlienationSyndrome:Science,Law,andPolicy

JenniferHoult
affiliationnotprovidedtoSSRN
Children'sLegalRightsJournal,Vol.26,No.1,2006

Abstract:

Since 1985, in jurisdictions all over the United States, fathers have beenawarded solecustody of
their children based on claimsthat mothersalienated these childrendueto a pathologicalmedical
syndrome calledParental Alienation Syndrome("PAS"). Given thatsomesuchcaseshaveinvolved
starkoutcomes,includingmurderandsuicide,PAS'sadmissibilityinU.S.courtsdeservesscrutiny.

Thisarticlepresentsthefirstcomprehensiveanalysisofthescience,law,andpolicyissuesinvolved
in PAS's evidentiary admissibility. As a novel scientifictheory,PAS'sadmissibilityisgovernedbya
variety of evidentiary gatekeeping standards that seek to protect legal fora from the influence of
pseudoscience. This article analyzes every precedentbearing 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. The article further analyzes PAS's admissibility
under the standards defined in Frye v. United States, Daubert v. Merrell Dow Pharmaceuticals,
Kumho Tire Company v. Carmichael, and Rules 702 and 704(b) of the Federal Rules ofEvidence,
including analysis of PAS's scientific validity and reliability concluding that PASremainsanipse
dixit and inadmissible under these standards. The article also analyzes the writings of PAS's
originator, child psychiatrist Richard Gardner including twentythree peerreviewed articles and
fifty legal decisions he cited in support of his claim that PAS is scientifically valid and legally
admissible findingthatthesematerialssupport neitherPAS'sexistence,noritslegaladmissibility.
Finally, the article examinesthe policyissues raisedbyPAS'sadmissibilitythroughananalysis of
PAS'sroots inGardner'stheoryofhuman sexuality,atheorythatviewsadultchildsexualcontactas
benignandbeneficialtothereproductionofthespecies.

The article concludes that science, law, and policy all support PAS's present and future
inadmissibility.
NumberofPagesinPDFFile:61

DR.RICHARDGARDNER:AREVIEWOFHISTHEORIESANDOPINIONSONATYPICAL
SEXUALITY,PEDOPHILIA,ANDTREATMENTISSUES

http://www.leadershipcouncil.org/1/res/dallam/2.html see
section
"Gardner'sViewsonPedophilia"
"The sexually abused child is
generally considered to be the victim," though the child may
initiate sexual encounters by "seducing" the adult.
Despite Gardner 's emphasis on false allegations of sexual abuse, he admits that genuine
sexual abuse of children is widespread and that thevastmajority("probablyover95%")ofall
sex abuse allegations are valid (Gardner, 1991, p. 7, 140). In fact, Gardner (1992, p. 670)
considers sexualactivities between adults and children to bea universal phenomenon which
exist to a significant degree in every culture in the world. Similarly, "intrafamilial pedophilia
(thatis,incest)iswidespreadand...isprobablyanancienttradition"(Gardner,1991,p.119).
Gardner (1991, p. 118) suggests that Western society's is "excessively moralistic and
punitive"towardpedophiles.Gardnermaintainsthat"theDraconianpunishmentsmetedoutto
pedophiles go far beyond what I consider to be the gravity of the crime." The current
prohibition of sex between adults and children is an "overreaction" which Gardner traces to
theJews.
It is of interest that of all the ancient peoples it may very well be that the Jewsweretheonly
ones who were punitive toward pedophiles. Early Christian proscriptions against pedophilia
appear to have been derived from the earlier teachings of the Jews, and our present
overreaction to pedophilia represents an exaggeration of JudeoChristian principles and is a
significant factor operative in Western society's atypicality with regard to such activities
(Gardner,1992,pp.467).
Gardner (1992, p. 15) states: "There is good reason to believethatmost, if notall, children
have the capacity to reach orgasm at the time they are born." In addition, some children
experience "high sexual urges in early infancy" and "the
normal
[italics in original] child
exhibits a wide variety of sexual fantasies and behaviors, manyofwhichwouldbelabeledas
`sick' or `perverted' if exhibited byadults"(Gardner,1991,p.12).Gardner(1986,p.93)notes
that "the sexually abusedchild is generally considered tobethevictim,"thoughthechildmay
initiate sexual encounters by "seducing" the adult. Gardner (1986,p. 93) suggests that if the
sexual relationship is discovered, "the child is likely to fabricate so that the adult will be
blamedfortheinitiation."
3

Parental Alienation Syndrome and Parental Alienation: A Research Review Joan S.

Meier
Excerpts
Excerpts page 3 section Gardners propedophilic and misogynistic beliefs third
paragraph"Second,Gardnersviewsofsexualitywere
disturbing.Heclaimedthatallhumansexual
paraphilias,includingpedophilia,sadism,rape,
necrophilia,zoophilia(sexwithanimals),coprophilia
(sexwithfeces),andotherdeviantbehaviorsserve
thepurposesofspeciessurvivalbyenhanc[ing]
thegenerallevelofsexualexcitationinsociety
(Gardner,1992b,p.20seealsoHoult,2006
Dallam,1998.)
Further,Gardnerclaimedthatwomensphysiology
andconditioningmakesthempotentiallymasochistic
rapevictimswhomaygainpleasurefrombeing
beaten,bound,andotherwisemadetosuffer,as
thepricetheyarewillingtopayforgainingthe
gratificationofreceivingthesperm(Gardner,1992b,p.26).

Legal

Community

Rejects

Parental

Alienation Syndrome The Leadership

Council6106645007

Excerpts "Joyanna Silberg, PhD,a Clinical Psychologist and Executive Vice President ofthe
Council [see bio], has also seen first hand the longterm emotional damage this socalled
syndrome has caused."
How doyouexplaintoyoungchildrenforcedtolivewithabuserswhy
the courts have consideredthemliarsandignored theircriesforhelp?"Silberghasfoundthat
it cantakeyearsforthesechildrentogetpasttheirfeelingsof betrayalbythesystemthatwas
supposed to protect them. [see article about Tiffany more children's
stories]
http://leadershipcouncil.org/1/pas/PR_PAS.html

THE LIZ LIBRARY: It's not PAS: Domestic VIolencebyProxyatLIZNOTESresearchon

familylawpoliticsandchildcustody

CUSTODYSWITCHBYJILLKRAMERPacificSun,October2430,2001

Dallam, S. J. (1999). Parental Alienation Syndrome: Is it scientific? In E. St. Charles & L. Crook (Eds.),
Expose: The failure of family courts to protect children from abuse in custody disputes . Los Gatos , CA :
OurChildrenOurChildrenCharitableFoundation.

TheParentalAlienationSyndrome:IsItScientific?
Excerptsseesection
CONCLUSIONS
In spite of its many shortcomings, many courts have accepted PAS because it apparently
appears to explain a wellrecognized phenomenon within custody battles the often
acrimonious fight between parents for their child's affection. However,
Daubert
demandsthat
scientists conduct competent science before becoming paid experts. Gardner 's PAS theory
and his various scales to differentiate true and false claims of child sexual abuse are not
informed by science and have been discredited by his peers. Rather than subjecting his
theories to scientific review, most of Gardner 's writings are published through his ownpress
or in nonscientific journals. Because Gardner 's theories are based on his clinical
observations and not onscientific data, theymustbeunderstoodinthecontextofhisatypical
viewsconcerningpedophiliaandchildsexualabuse.
Gardner 's theories are based on his assumption that sexbetweenachildandanadultisnot
inherently harmful, and his belief that there is an epidemic of false sexualabuse allegations
being made by vengeful wives during custody disputes. Gardner maintains these beliefs in
spite of a wealth of clinical and experimental data which prove otherwise. Thisisnottoimply
that such allegations are
always
accurate, or that parents do notattemptto manipulate their
children during adversarialcustody litigation. However,Gardner'stheoriesarenotsufficiently
scientific to be able tomake cause and effect determinations,arebiasedagainstwomenand
children, and are flawed by their failure to take into account alternative explanations for the
behaviorofthepartiesinvolved.
Frustration over bitter custody battles should not tempt the legal system to blindly accept
unproven theories such as PAS. Reliance on such simplified approaches to the complex
problem of alleged abuse in the context of child custody disputes is likely to result in
misdiagnosis and a failure to protect children. High conflict divorces takeanemotionaltollon
children, and this toll should not be exacerbated throughtheuseof"junkscience"whichmay
wrongly deny children a relationship with the parent who has heretofore been their primary
caretaker. In the end, all psychological evidence upon which a child's safety will turn should

represent the best that science has to offer, not one man's unsupported opinions and
assumptions.

ParentalAlienationSyndrome:WhatProfessionalsNeedtoKnowPart2of2
http://www.ndaa.org/ncpca_update_v16_no7.html

Excerpts section conclusion In cases where PAS testimony is admitted, it is a prosecutors

responsibility to educate the judge and jury about the shortfalls of this theory. As more
criminal courts refuse to admit PAS evidence, more protection will be afforded to victimsof
sexualabuseinourcourtsystem."

ParentalAlienationSyndrome:WhatProfessionalsNeedtoKnowPart1of2
NATIONALCENTERFORPROSECUTIONOFCHILDABUSE
Volume16,Number6,2003
Update Parental Alienation Syndrome:WhatProfessionalsNeedtoKnowPart1of2ByErika
RiveraRagland1&HopeFields2
Excerptsseesection
"OtherWeaknesses:LackofPeerReviewandRecognitionbyDSMIV"
"Dr. Gardner mostly selfpublished and thus did not generally subject his theory to the peer
review process.17 Moreover, PAS is not recognized by any professional associations,18
includingtheAmericanPsychiatricAssociation.PASisalsonotincludedwithintheDSMIV.
It is also worth noting that Dr. Gardner often expresseddisdainforchildabuseprofessionals,
labeling them validators, theorizing that greed and desire for increased business prompted
some sexual abuse allegations, and speculating that parents and professionals alike made
somefalseallegationsbecauseallofushavesomepedophiliawithinus.19

Disciplining Divorcing Parents: Social ConstructionofParentalAlienationbyF.Besset

PDFSCHOLAR

ParentalalienationanddomesticviolenceJoanDawson
Last paragraph
"
I wouldn't hand an angry man a gun, nor would I readily hand over a legal
strategy to potential pedophiles, abusers or killers. Yet that is exactly what PA/PAS is doing."

Myths That Place Children AtRisk DuringCustodyLitigationDallam.S.J.,&Silberg,J.

L. (Jan/Feb 2006). Myths that place children at risk during custody disputes. Sexual
Assault Report, 9(3), 3347. (PDF)
Myth 5: Parentalalienation syndrome is acommon,

welldocumentedphenomenon.

Department of Justice Report Demands Custody Court Reforms by Barry Goldstein

PartI:TheGameChangingFindings
Monday,April30,2012
DepartmentofJusticeReportDemandsCustodyCourtReforms
byBarryGoldstein
PartI:TheGameChangingFindings
The United States Department of Justice provided a grant to support a major study by Dr.
Daniel Saunders of the University of Michigan to determine how well court professionalsand
particularly evaluators are responding to domestic violence cases.
The study comes in the
context of frequent and substantial complaints that custody courts are using deeply flawed
practices that result in placing children in dange
r. The Saunders study isthelatestandmost
prestigious to confirm the validity of these complaints. Dr. Saunders found, domestic
violence is frequently undetected in custody cases or ignored as a significant factor in
custodyvisitation determinations (report P. 4). One could argue about at what point the
research became so compelling that reforms are required, but with the publication of the
Saunders study there can be no informed discussion thatthe present practices are safe or
acceptable.

Department of Justice Report Demands Custody Court Reforms Part II section

ChallengingEvaluatorslastparagraph
Excerpts "
We can start by asking the evaluator if he agrees that sex between adults and
children is improper. Then ask if there is any research not based on the belief that sex
between adults and children can be appropriate (this is what PAS is based on), that
alienating behavior creates a safety risk. Are you aware the DOJ study found that PAS,
including by any other name has no scientific basis? Are you aware PAS was rejected for
inclusion in the DSMV because it has no scientific basis? Are youawarethattheSaunders
study found that evaluators with inadequate training tendedto believe the myth that women
frequently make false allegations but alienation theories,particularly those used to separate
7

children from their primary attachment figure are based on a belief that most dv and child
abuse allegations by mothers are false? Are you aware that evaluators arestarting to lose
their licenses for using PAS? Do you know if that is because they are in affect creating a
diagnosis that does not exist? Youcanalsoaskquestionscomparingtheharmofseparating
a child from their primary attachment figure with the harm of negative statements about the
other parent. Ask for any research findings because there is no scientificsupportfor these
standardbiasedpractices."

Parental Alienation Syndrome: Frye v Gardner in the Family Courts (Part 2)byJerome
H.Poliacoff,Ph.D.,P.A.,CynthiaL.Greene,Esq.,andLauraSmith,Esq

Parental Alienation Syndrome: Frye v Gardner in the Family Courts (Part 1)byJerome
H.Poliacoff,Ph.D.,P.A.,CynthiaL.Greene,Esq.,andLauraSmith,Esq

Parental Alienation Disorder: Why Label Children with a Mental Diagnosis? Journal of
Child Custody Volume 7, Issue 4, 2010, Pages 266 286 Authors: Lenore E. Walker
DavidL.ShapiroDOI:10.1080/15379418.2010.521041

WhatisParentalAlienationSyndrome(PAS)?

Courts Awarding Custody to Abusers and Domestic Violence Homicides Is There a

Connection?

ReportoftheAmericanPsychologicalAssociationPresidentialTaskForceOnViolence
AndTheFamilyweb.archive.org

How Spouses Use Alienation Syndrome as a Weapon by Alison Brewin and Carla
Lewis

by Alison Brewin and Carla Lewis

Best Interest for Whom? Parental Alienation Syndrome (PAS)and its Implications for
Abused Women and their Children Prepared for Harmony House By Kathleen Chow
MastersofCriminologyAppliedUniversityofOttawaDecember2011

Parental Alienation Syndrome:" Another Alarming DSM5 Proposal Using a

medicalizing label to mask child sexual abuse Published on June 6, 2011 by Paula J.
Caplan,Ph.D.inScienceIsn'tGolden

EndlessStupidityAdvocacyforSupervisedVisitation...
(4)
Over the past two decades, supervised visitation centers have been established by abuser
lobbies andparental alienationproponents,psych andinterdisplinarytradepromotiongroups,and
moneygrubbing mental health professionals who can't make a go ofpractice withoutglomming
captive divorce court litigants and who for some goddamnreason are alwaysmore clever than
victim advocategroups.
Once theyhave openedup theirvisitationcenters,theycommencedoing
what entrepreneurs will do: market their services, concoct newservicesandprograms, network,
and promote themselves (which in the case of these illadvised ideas, also frequently includes
gettingandjustifyingandmaintainingsomeamountofcharitableorgovernmentfunding.)

The Parental Alienation Debate Belongs in the Courtroom, Not in DSM5 Timothy M.
Houchin, MD, John Ranseen, PhD, Phillip A. K. Hash, DO, PhD andDaniel J. Bartnicki,
JD

Excerpts"EconomicsofPAS

As with any heated controversy, one must examine the possible financial motivations that
may influence thepositionsofthoseengagedindebate.Unfortunately,toget agoodsenseof
PAS's support,onehasonlytofollowthemoneytrail.Litigationstemmingfromthedissolution
of marriage is estimatedto be a $28 billion industry.16 It is no secretthatthe costofdivorce
and custody litigation can add yet another facet of stress to all involved.Adding any further
complexity to the problems involved in child custody only serves to compound the financial
burden borne by the affected families. A formal diagnosis of PAS, withtheobligatorydueling

experts testifying at a custody hearing, can become a prime source of fee generation for
everyonebutthedivorcingfamily."

ParentslosingcustodytoabusersTheLeadershipCouncil

THE FRIENDLY PARENT CONCEPT: A FLAWED FACTOR FOR CHILD CUSTODY

MargaretK.Dore

PARENT ALIENATION SYNDROME REVISITED Dr Lois Achimovich Next Step Youth

Drugs and Alcohol Services, WA Paper presented at theChild Sexual Abuse: Justice
Response or Alternative Resolution Conferenceconvened by theAustralianInstituteof
CriminologyandheldinAdelaide,12May2003

Excerpts see page 8 "Furthermore, we havenoideawhatcontactordersandtheDraconian

measures recommended bythe FamilyLaw Council to enforce them are accomplishing for
orimposingonchildren,thoughthereisevidencethattheyarecounterproductive.
38
My experience with the effects ofthe impositionofarecoveryorderinonecasewasthatthe
trauma to the child wasenormous and caused him to threaten suicide both during and after
the event. A policeman involved called the mother andsaiditwastheworstthinghehadhad
to do in twenty years of policing. Gardner asserts that such action will lead to the child
developing a close relationship with the new residence parent. As far as I know there is no
evidenceforthis."

Fairness and Accuracy in Evaluations of DV and Abuse by Smith and Coukos PDF
SCHOLAR

Parental Alienation Syndrome and Alienated Children getting it wrong in child

custodycasesCarolS.Bruch

RichardDucoteDiscussesParentalAlienationPart1
RichardDucoteDiscussesParentalAlienationPart2
10


September/October 2009 Issue Revisiting Parental Alienation Syndrome Scientific
Questions, Real WorldConsequencesByDavidSurfaceSocialWorkTodayVol.9No.5
P.26
Excerptsseesection"VictimizingtheVictimUndercuttingAbuseClaims"
While PAS proponentsandcriticsmayarguethescientificmeritsofthetheoryandthevalidity
of the research that claims to supportit,thescientificvalidityis onlypartofthedebate.Critics
warn that PAS may be used to undercut valid allegations of domestic and sexual abuse by
redirectingattentionfromtheallegedabusertothevictim.

Tuesday,June25,2013WhytheOfficialRejectionofPASMattersbyBarryGoldstein
Tuesday,June25,2013
WhytheOfficialRejectionofPASMattersbyBarryGoldstein
SectionRegardlessoftheNomenclatureWhenIsitPAS?2ndparagraph
Excerpts "Regardless of the term used, if it is used to discredit or avoid investigation of
domestic violence or child abuse allegations, it is in factPAS.Ifitisusedtojustifythekindof
extreme outcomes referred to by Dr. Daniel Saunders as harmful outcomes, in which the
alleged abuser received custody and the safe, protective mothers who is the primary
attachment figure is limited to supervised or no visitation, it is in fact PAS. If it is used to
suggest that the childs hostility or fear of a parent can only be explained by the mothers
alienatingbehavior,itisinfactPAS"."CourtprofessionalsshouldknowthatPASisbogusand
unscientific. This means that when they promote claims based on PAS they are either
deliberately trying to help abusers ordonot possess thetrainingnecessarytounderstand the
harm of PAS or anything else having to do with domestic violence.It really does not matter
whatthereasonisfortheirmistakes,theyshouldnotbeinvolvedindomesticviolencecases.
In the case ofevaluatorsorothermentalhealthprofessionals,theyshouldbefamiliarwiththe
DSMV.
This would make them aware of the rejection of PAS because there is no scientific
research to support it. Accordingly, they would be guilty of malpractice if they diagnose a
condition that doesnot exist in the DSM. Already somepsychologistshavelosttheirlicenses
for this improper practiceandwith the latestrejectionofPAS,thisconsequenceshouldoccur
more frequently. Indeed itis only thetendencyofprofessionalstoprotectfellowprofessionals
thathavediscouragedinvestigationsoftheseobviousviolations.
11

The Saunders study found that professionals with inadequate training tended to rely on
unscientific alienation theories.
This in turn led to outcomes that harm children. This finding
alone would demand that courts refuse to rely on mental health professionals with these
biased and baseless beliefs. Although lawyers arenot mentalhealthprofessionals,abeliefin
PAS confirms inadequate training and thus should disqualify themfromworking on domestic
violence cases. Certainly courts should immediately dismiss any neutral professional who
seeks to make decisions based on a PAS analysis. This is true even if theyseek to obscure
theirmistakebycallingitsomethingelse.

Criminal Rewards: The Impact of Parent Alienation Syndrome on Families Andra L.

Brown
CriminalRewards:TheImpactofParentAlienationSyndromeonFamiliesAndraL.Brown
http://www.leadershipcouncil.org/docs/Brown_PAS_impact.pdf

AndraL.Brown
See page 395 Section Conclusion Excerpts "Call to Advocacy If you are not familiar with
families who are involved in PAS cases, you may not believe that these typesof egregious
acts occur. While listening to the stories of women andchildren,Ihavefeltoverwhelmedand
dumbfounded because the deck seems to be stacked against truthandjustice.Ironically, the
horrific abuses that occur in the marital relationship are comparable to the systematic
oppression that is sanctioned by the state through the family courts after divorce. The legal
system and its officers create kangaroo courts in which civil liberties and human rights are
arbitrarily violated (Waller, Waller, & Shin, 2001). There is no oversightandaccountabilityfor
judges, lawyers, and mental health professionals whocolludewiththebatterersandabusers.
The need for a nationwide policy that bans PAS from family courts is long overdue. In 2006,
the National Organization of Women moved toward this goal by denouncing PAS and
resolving that any professional whose mission involves the protection of therights of women
and children denounce its use as unethical, unconstitutional, and dangerous. Social workers
and other social justice advocates who are compelled to take action should, therefore,
educate themselves about the perils of PAS and validate theexperiencesof,andcreatesafe
12

spaces, for victims of this oppression to speak their truth. Furthermore, there must be a
concerted effort tochallenge the agents of the family courts and mental health professionals
to stop perpetuating the abuse and violence against women and children. This is a call for
advocacyandsocialchange"
CriminalRewards:TheImpactofParentAlienationSyndromeonFamiliesAndraL.Brown

http://www.leadershipcouncil.org/docs/Brown_PAS_impact.pdf

A Historical PerspectiveonParentalAlienationSyndromeandParentalAlienationJoan
S. Meier a a George Washington University Law School, Washington, DC Online
PublicationDate:01July2009
Excerpts page 237 "Gardners Beliefs. Gardners passionate propagation of the PAS theory
with little objectivebasisfor itmay bemorecomprehensibleinlightofhis largerframeworkof
beliefs about human sexual behavior. Hiswritingsonthissubjectareinfactsoextremethatit
isdoubtfulthatcourtswouldhave
adoptedhistheoryofPASiftheywereawareofhisbeliefs.Forinstance,
hiswritings(Gardner,1992b)expresstheviewthatallhumansexual
paraphilias(deviantbehaviors)servethepurposesofspeciessurvivalby
enhanc[ing]thegenerallevelofsexualexcitationinsociety(p.20seealsoHoult,2006)."

Our Children Are AtRiskandTheirHealthIsEndangered:WhatAreTheirLegalRights,

How Do We Hold the Courts Accountable to Protect Them, and What Can
PsychologistsDo?TobyKleinman,JD,
toby@adlerkleinman.com
seepages68
ExcerptsIhavecometobelievethatthechangeweneed
cannotbewoninthecourtsonacasebycasebasis
alone.Nosinglestorytellstheworldwhatparents
tryingtoprotecttheirchildrenarefacingdailyincourts
acrossthecountry.Protectiveparentsarelosingtheir
childrenincustodycaseswhileperpetratorsgainthe
courtsimprimaturtocontinuetoabuse.Thenewsmedia
13

rarelycoverabuseorcustodycasesunlessthereisa
death.Theirlegaldepartmentsshyfromthesecases,
assumingthemtobehesaidshesaidstories.There
isanexpectationthatifthecourtbelievedachildwas
abused,itwouldprotectthechild.Afterall,welivein
acountrythatbelievesinandreliesonitssystemof
justice,soweassumejusticemusthaveprevailedora
bad parent would not have the custody of the children.Our Children Are At Risk and Their
Health Is Endangered: What Are Their Legal Rights, How Do We Hold the Courts
Accountable to Protect Them, and What Can Psychologists Do? Toby Kleinman, JD,
toby@adlerkleinman.com
Our Children Are At Risk andTheir HealthIsEndangered:WhatAreTheirLegalRights,How
DoWeHoldtheCourtsAccountabletoProtectThem,andWhatCanPsychologistsDo?

http://kspope.com/ethics/malpractice.php
Malpractice & Licensing Pitfalls for Therapists:A DefenseAttorney's ListBrandtCaudi
ll, Jr., Esq.About the
author: BrandtCaudill isadefenseattorneywhorepresentspsychologists,psychiatrists,socialworkers,and
othermentalhealth professionalsinmalpracticeactions,licensingboardhearings,andsimilar legalmatters.
He is coauthor of the book, Law and Mental HealthProfessionals: California,published by the American
Psychological

Association.

His

email

address

is

brandt_caudill@cmwlaw.net.

Pitfalls

for

Therapistskspope.comAbout the author: Brandt Caudill is a defense att

"Use of Inappropriate Syndrome
TestimonyAs early as September of 1989 Dr. Gary Melton and Susan Limber in an article entitled
"Psychologists' Involvement in Cases of Child Maltreatment" [American Psychologist Vol. 44, No. 9, pp.
12251233] commented on the inappropriate use by therapists of syndromes that are not found in the
various versions of Diagnosis and Statistical Manual. There have beena proliferation ofsuch syndromes
over the last several years. At this point using syndromes which are not appropriately researched or
acknowledged by the profession is below the standard of care. Among the syndromes which are
controversialand whichshouldnot berepresentedas acceptedinthe therapistcommunityareChildSexual
Abuse Accommodation Syndrome,Parental Alienation Syndrome, [Wiederholt v. Fischer169 WIS 2d 524,
45 N.W. 2d 442 (1992)], False Memory Syndrome, and Malicious Mother Syndrome.,

http://kspope.com/ethics/malpractice.php

Parentalalienation,TheBusinessofSexTrafficking

14

Posted by eassurvey in child sexual abuse, parental alienation syndrome. Tagged: Parental
alienation,sextrafficking.
Parental Alienation must be excluded from all custody hearingsParental Alienation is a
perilous accusation that should never be recognized in courts or viewed as particularly
compelling in cases deciding the custody of a child, especially when resolving profoundly
difficult questions concerning the scary scenario of placing that childback into thehomeofa
domestic violence abuser. Sex trafficking is a criminal businessinwhichwomenandchildren
are forced or coerced into providing sex services. Anestimated2.5millionpeoplearevictims
of this modernday form of slavery which hasgrownintoanuglyandsophisticated$50billion
worldwide business. Human trafficking is the fastest growing criminal industry in the world.
Parentalalienation,TheBusinessofSexTrafficking

National Council of Juvenile and Family Court Judges AJudicialGuidetoChildSafety

inCustodyCases
Ecerptsseepage1213
C. [3.3] A Word of Caution about Parental Alienation34 Under relevant evidentiary
standards, the court should not accept testimony regarding parental alienation syndrome, or
PAS. The theory positing the existence of PAS has been discredited by the scientific
community. 35 In Kumho Tire v. Carmichael, 526 U.S. 137 (1999), the Supreme Court ruled
that even expert testimony based in the soft sciences must meet the standard set in the
Daubert case. 36 Daubert, in which the court reexamined the standard it had earlier
articulated in the Frye 37 case, requires application of a multifactor test, including peer
review, publication, testability, rate of error, and general acceptance. PAS does notpassthis
test.
Any testimony that a party to a custody case suffers from the syndrome or parental
alienation should therefore be ruled inadmissible and stricken from the evaluation report
under boththe standard established in Daubert and theearlier Frye standard. 38 12 32
. For
an excellent discussion onadmitting the reports of custody evaluators and expert testimony,
see generally NCJFCJ CLARE DALTON ET AL., NAVIGATING GUIDE. 33. Id. 34. This
section, including the footnoted material was excerpted from NAVIGATING GUIDE at 2425.
35. AccordingtotheAmericanPsychologicalAssociation,...there arenodatatosupportthe
phenomenon called parental alienation syndrome ... AM. PSYCHOL. ASSN, VIOLENCE
AND THE FAMILY: REPORT OF THE AMERICAN PSYCHOLOGICAL ASSOCIATION
15

PRESIDENTIAL TASK FORCE ON VIOLENCE AND THE FAMILY 40, 100 (1994) (stating
that custody and visitation disputes appear to occur more often in cases in which there is a
history of domestic violence). 36. Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579
(1993). 37. Frye V.U.S., 293 F. 1013(D.C.Cir. 1923). 38. These are federalstandards,but
many states adhere to thematleastgenerallyandshouldstillexcludeanyprofferedevidence
of PAS.
The discredited diagnosis of PAS (or an allegation of parental alienation), quite
apart from its scientific invalidity, inappropriately asks the court to assume that the childs
behaviors and attitudes toward the parent who claims to be alienated have nogroundingin
reality. It also diverts attention away from the behaviorsoftheabusiveparent,whomayhave
directly influenced the childs responses by acting in violent, disrespectful, intimidating,
humiliating, or discrediting ways toward the child or the other parent.Thetaskforthecourtis
to distinguish between situations in whichthechildiscritical ofoneparentbecausetheyhave
been inappropriately manipulated by the other (taking care not to rely solely on subtle
indications), and situations in which the child has his or her own legitimate grounds for
criticism or fear of a parent, which will likely be the case when that parent has perpetrated
domestic violence. Those grounds do not become lesslegitimatebecausetheabusedparent
sharesthem,andseekstoadvocateforthechildbyvoicinghisorherconcerns.

http://www.thelizlibrary.org/liz/NCFCJguidebook.pdf

NCJFCJ Judges' Guide to Custody Evaluations in Cases of Abuse (it's not PAS) PDF
SCHOLAR
NavigatingCustody&VisitationEvaluationsin
Cases with Domestic Violence: A Judges Guide page 24 "Parental Alienation and the
DaubertStandard:onSyndromesandBehaviors
Incontestedcustodycases,childrenmayindeedexpressfearof,beconcernedabout,
havedistastefor,orbeangryatoneoftheirparents.Unfortunately,analltoocommon
practiceinsuchcasesisforevaluatorstodiagnosechildrenwhoexhibitaverystrong
bondandalignmentwithoneparentand,simultaneously,astrongrejectionoftheother
parent, as suffering from parental alienation syndrome or PAS.52 Under relevant
evidentiary
standards,thecourtshouldnotacceptthistestimony.
The theory positing the existence of PAS has been discredited by the scientific
community.53
InKumhoTirev.Carmichael,526U.S.137(1999),theSupremeCourtruledthateven
experttestimonybasedinthesoftsciencesmustmeetthestandardsetintheDaubert54
case.Daubert,inwhichtheCourtreexaminedthestandardithadearlierarticulatedinthe
Frye55case,requiresapplicationofamultifactortest,includingpeerreview,publication,
16

testability,rateoferror,andgeneralacceptance.ParentalAlienationSyndromedoesnot
passthistest.Anytestimonythatapartytoacustodycasesuffersfromthesyndromeor
parentalalienationshouldthereforeberuledinadmissibleand/orstrickenfromthe
evaluationreportunderboththestandardestablishedinDaubertandtheearlierFrye
standard.56
ThediscrediteddiagnosisofPAS(orallegationofparentalalienation),quiteapart
fromitsscientificinvalidity,inappropriatelyasksthecourttoassumethatthechildrens
behaviorsandattitudestowardtheparentwhoclaimstobealienatedhavenogrounding
inreality.Italsodivertsattentionawayfromthebehaviorsoftheabusiveparent,who
mayhavedirectlyinfluencedthechildrensresponsesbyactinginviolent,disrespectful,
intimidating,humiliatingand/ordiscreditingwaystowardthechildrenthemselves,orthe
childrensotherparent.Thetaskforthecourtistodistinguishbetweensituationsinwhich
childrenarecriticalofoneparentbecausetheyhavebeeninappropriatelymanipulatedby
theother(takingcarenottorelysolelyonsubtleindications),andsituationsinwhichchildren
havetheirownlegitimategroundsforcriticismorfearofaparent,whichwilllikely
be the case when that parent has perpetrated domestic violence. Those grounds do not
becomelesslegitimatebecausetheabusedparentsharesthem,andseekstoadvocatefor
thechildrenbyvoicingtheirconcerns.

http://www.thelizlibrary.org/liz/NCFCJguidebook.pdf

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Domestic Violence: A Judges Guide
Navigating Custody & Visitation
Evaluations in Cases with Domestic Violence: A Judges Guide NCJFCJ(2004,
revised2006)

20