Parental Alienation: The Cloud of Conflict

Sep 08

Parental Alienation: The Cloud of Conflict

 

Courts often make no changes to the parenting orders in Parental Alienation cases because the Court is unable to see through the “cloud of conflict,” generated by parental alienation.

What is the “cloud of conflict”?

The “cloud of conflict” refers to the difficulty for the Judge or Jury to understand the root cause.

The “cloud of conflict” works like this:

Trial commences and the Court observes that the parents of the child are not getting along and blaming each other for the child’s behaviors. The child has observable characteristics of anger, such as acting out in school, poor grades, and perhaps more severe symptoms such as rejection of one of the parents, anxiety or more severe emotional challenges. As the court hearing progresses and the alienated parent, from the court’s point of view, may not appear significantly different from the parent engaged in the campaign of parental alienation between the child and the disfavored parent.

This is the first insight of parental alienation; from the point of view the family law judge, by the time the situation involving the child and the alienating parent makes it to the courtroom, the negative system of behavior is deeply entrenched with the child and parents. It has been going on for years, with both parents (and even the child) being adept at the punch/counter-punch, accusation/counter-accusation, and the spiral of painful family acrimony that is parental alienation.

As this confusing courtroom fight unfolds before the judge, it appears as a “Conflict Cloud”, which can be impossible for the Judge or Jury to peer through to see the root cause. The default outcome of a contested hearing, where the Court observes a “conflict cloud,” rather than the hallmarks of parental alienation syndrome is the preservation of the status quo ante. In other words, confronted with two parents fighting, the Court may order no change of custody or visitation, because the Court is unable to determine the root cause of the cloud of conflict.

What can be done?

The Texas Family law court has substantial judicial remedies at her disposal that can be used pierce through the “conflict cloud” created by parental alienation syndrome. Recognizing that you need a different type of Texas Family lawyer, who is adept at the nuance of litigating Parental Alienation Syndrome is the critical first step to salvaging your relationship with your estranged and alienated child. Contact our team today to discuss the details of your Parental Alienation case.

 

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