Background

[1]- Kruk, E. (2013). Psychology Today; “The Impact of Parental Alienation on Children” Dr. Amy Baker writes parental alienation involves a set of strategies, including bad-mouthing the other parent, limiting contact with that parent, erasing the other parent from the life and mind of the child (forbidding discussion and pictures of the other parent), creating the impression that the other parent is dangerous, forcing the child to choose between the parent.

Les Linet MD Innocent Bystanders Who Aid & Abet Parental Alienation(2011);
http://www.youtube.com/watch?v=yJrRHR6jyAE

National expert Dr. Amy Baker – Research on the consequences of Parental Alienation ( 2010)
http://www.youtube.com/watch?v=kXwIbsSRFrU
http://www.youtube.com/watch?v=UmIdzAEy6Y4
http://www.youtube.com/watch?v=9IH3WHlpgqQ

CNN- Parental Alienation Syndrome (2009);
http://www.youtube.com/watch?v=u38LzlYp78k http://www.youtube.com/watch?v=_fXohR6rvJs

The Gregory Mantell Show- Parental Alienation(2008);
http://www.youtube.com/watch?v=3cgTIgy0Svs

Parent Alienation Revisited Host Mel Feit. Amy Baker, PH.D, Richard Smulczeski, Lieutenant/NYC Fire Dept.,Jacqueline Harounian, Attorney (2008)
http://www.youtube.com/watch?v=bTnT8ozaf6g;
http://www.youtube.com/watch?v=pTkDvC9PPBU

 [2]- Jayne A. Mayor, Ph.D.- Parents Who Have Successfully Fought Parental Alienation Syndrome; PAS: It’s Causes, Cures, Costs & Controversies (2012): Parental Alienation is “caused by very disturbed people who have to get their way at all cost…Just because there is a dramatic story to tell doesn’t mean they are telling the truth.”                                Rick Nischalke- Is there expert help to deal with Parental Alienation in the Court System? (2012)

1) The law must no longer allow Judges to issues restraining orders at the request of a parent during the marriage, or after a divorce without any rational basis or any evidence of being an unfit parent.

The current law allows the sick, not bad parent to paint the alienated parent as a dangerous, harmful person who the child or teen should fear or hate when truthfully this parent is kind and responsible and there has not been any evidence showing an unfit parent over a reasonable period of time (not as a reaction to the parental alienation strategies which often happens as the sources cited explain)

The current law allows restraining orders to be used as a tool to encourage parental alienation and allows the sick parent to destroy the bond between the loving parent and child/teen.

2) The law must be changed to provide sanctions to a parent for not allowing the child/teen (who they now have obtained full custody for) to accept any gifts or money from the other parent so this sick, not bad parent can receive the tax benefits for providing 100% of the child/teen’s support. This current tax law encourages parental alienation instead of encouraging the parent/child relationship.

3) The current law must be changed to allow both divorcing parents monetary and tax benefits only if they have 50/50 shared custody. The current law allows only the parent who has full custody to receive these benefits, which encourages a parent to destroy the sacred bond between the loving parent and child/teen to gain full custody so he or she can receive these monetary and tax benefits. Changing this law would serve as a deterrent to parental alienation.

4) The current law must be changed to recognize parental alienation as a legal cause of action so the sick parent would know he or she could be fined or sanctioned for destroying the bond between the loving parent and child/teenager or for carrying out strategies of parental alienation.

As many experts have proven, there are specific patterns of behavior of both parents and the children/ teenagers/young adults which are clearly the result of a sick parent using parental alienation strategies.

5) The current law must be changed to require fines or sanctions against any individual, organization or institution for assisting this sick parent in his strategies of parental alienation, which help destroy the sacred parent/child bond.

For example, knowingly or intentionally:

  • violating the divorce degree by not notifying or including the loving, alienated parent
  • writing or submitting a false report or statement to the Court or any publication
  • continuing to behave in ways that are NOT in the best interest of the child/teen
  • knowingly accepting funds from a 3rd party on behalf of the sick parent, for the benefit of the child/teen so this sick parent does not have to report this income on his or her W-2. This prohibits the loving parent from receiving the proper amount of support to be better able to financially help the child/teen. This behavior  encourages parental alienation because the children believe they need their sick parent for financial survival.
  • knowingly and intentionally and voluntarily allowing children, even adult brainwashed and emotionally tortured children to be placed in situations of Involuntary Servitude including but not limited to Debt Servitude, Peonage and other forms of Slavery.

 

6) The current law allowing a child or teen to choose the parent they want to live with must be changed.

Instead, for each divorce the law should require that if both parents want shared custody, they each should be given 50/50 custody;

To deviate from this law, there must be evidence showing the parent has a pattern of unfit behavior over a reasonable period of time; not merely unusual behaviors prior to the divorce (which is often brought on by the parental alienation as the references cited explain. Often the sick parent will use strategies to make the loving parent look unfit).

Simultaneously, the Judge must assist an unfit parent in obtaining the immediate support needed to be brought up to the level of being fit so shared custody can be awarded as this is in the child’s best interest.(ex, by requiring the parent attend an AAA program like when a reckless driver is required to attend driving classes)

In the meantime, frequent visitation, even supervised, if necessary must begin since it is in the best interest of the children/teen to not be deprived of seeing their parent and even watching him or her make positive changes; like recovering from alcoholism unless this parent refuses to attend the program ordered by the judge or refuses to listen to the supervisor during supervised visitation.

[3]- Dr. Baker, A. (2010). Adult Children of Parental Alienation Syndrome: Breaking the Ties That Bind

Jayne A. Mayor, Ph.D (2012)  PAS: It’s Causes, Cures, Costs & Controversies

Rick Nischalke (2012)- Is There expert help to deal with Parental Alienation in the Court System?

[4]- 1) I met Sara about 3 years ago when she was volunteering. I have found Sara has always shown and expressed very good values.

I think that it is not right that her ex-husband is not encouraging their children to have any relationship with Sara. I believe that this is not in the childrens’ best interests, I have lived through a similar situation in my life and it was not healthy for the children. I know that Sara’s children would greatly benefit from a re-newed relationship with their mother so that they could see, now that they are older, the type of caring individual that she is and experience the values by which she lives her life.

Ralph R. Resnick
Ritual Director
Sinai Temple (2012).

Typically the sick parent makes false allegations against the loving parent as a strategy to make the child/teen fear or hate the alienated parent- The Gregory Mantell Show- Parental Alienation(2008); http://www.youtube.com/watch?v=3cgTIgy0Svs).

 2) “Sara is the very proud mother of three children who have attended and are attending the High School where I have worked for 32 years. I recruit and work with parent volunteers for the school and Sara has been one of the best. Sara added strength, passion, and commitment to our efforts.”

Terry, Leadership and Planned Giving, (2009)(appeared in High School announcement and on internet)

3) Sara volunteered to tutor inner city grade school children in reading; her supervisor’s note: Hi Sara, I’m very happy to hear that things are going so well! I’m sure the school really appreciates all your help. I too am very thankful for all that you’re doing for the school.  Josue from Koreh LA (2012)

  [5]-Kruk, E. (2013). Psychology Today, Supra. Psychiatrist Richard Gardner developed the concept of “parental alienation syndrome” Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification.                                                                                                             Kruk, E. (2011). Divorced Fathers: Children’s Needs and Parental Responsibilities, Halifax.

Fidler, B. and Bala, N. (2010). “Children resisting post separation contact with a parent: Concepts, controversies, and conundrums.” Family Court Review, 48 (1), 10-47.

[6]- The current Federal and State laws must be changed to protect the sacred parent and child or teen bond which is in the best interest of the child/teen as these references cited explain.

These laws must require in a divorce proceeding and settlement the showing of all assets by both parents or spouses which must be used to calculate the division of the marital or community estate and also spousal support in a divorce settlement; not solely W-2 income. As Jayne A. Mayor, Ph.D. states as cited above in [2]; ” Just because there is a dramatic story to tell does not mean they are telling the truth.”

A parent who violates this law and hides assets and other income must be sanctioned since this is fraud and a deliberate misrepresentation upon the Court and others; tantamount to lying on a financial statement to obtain a loan.

a) As a sanction for hiding the assets and income, this parent must only receive 1/3 not 1/2 of the net value amount of the hidden asset (fair market value less any liabilities) and the other parent receives 2/3rds

b) Spousal support or Alimony must be determined by:

  1. the net worth of the assets (fair market value less any liability )
  2. and the income produced by the total of each and every individual asset and their combined total.

Each parent or spouse should receive ½ of the amount of the total of 1 and 2. However, if one parent takes care of the child/teen exceeding 50% of the time, that parent must receive that percentage of the child support. For ex; 60% of the child support instead of 50%

This Federal and State law will eliminate the incentive for a parent or spouse to hide his or her total assets and income by setting up LLCs, LLPs and other entities and using other accounting maneuvers to hide assets and income which the alienated parent is legally entitled to since these were created during the marriage.

For example, setting up benefit plans, profit sharing plans and even transferring income and profits to 3rd parties.

Also, these laws must require that this financial information is not a matter of public record and can only be released upon a court order.

[7]- Kruk, E. (2013). Psychology Today, Supra.

Due to this child abuse, these children and young adults have suffered severe psychological, emotional and physical problems.

These severe effects of this child abuse due to parental alienation strategies are well-documented. They include low self esteem, lack of trust, depression, substance abuse and other forms of addiction, self-hatred and shame as they internalize the hatred targeted toward the loving, alienated parent and others. Even suicide is common among these victims of child abuse.

Baker, A. (2010). “Adult recall of parental alienation in a community sample: Prevalence and associations with psychological maltreatment.” Journal of Divorce and Remarriage, 51, 16-35. Baker, A. (2005). The cult of parenthood: A qualitative study of parental alienation. Cultic Studies Review, 4(1),

Wolpe, J. (1997). From psychoanalytic to behavioral methods in anxiety disorders: A continuing evolution. In: J. K.Zeig (Ed.), The evolution of psychotherapy: The third conference. New York.

[8]- Nationally recognized expert Dr. Amy Baker, PhD and Michael McCormick, Executive Director of American Coalition for Fathers said in 80% of divorces with children today there is some parental alienation strategy being used.www.youtube.com/watch?v=IRSJWi2Se78 (2012);
http://www.youtube.com/watch?v=_fXohR6rvJs CNN(2009)

STATISTICS

According to the U.S. Census Bureau; 2011 American Community Survey:

  • approximately 50 percent of marriages in the United States will end in divorce
  • approximately HALF of all American children will witness the breakup of a parent’s marriage
  • the number of children, ages 0-18 in the US in 2011 living in households , which includes those married and some of those cohabiting, but not same sex couples was 93.3 million which means 46.6 million children will be children of divorce and this does not include young adult children over the age of 18, many still living at home.
  • and 80% of those; over 37 Million children and teens in the US will experience some parental alienation strategies. This number is staggering.

[9]-Les Linet MDInnocent Bystanders Who Aid & Abet Parental Alienation (2011)
http://www.youtube.com/watch?v=EtM1U2jrGk4

The Gregory Mantell Show — Parental Alienation (2008)
http://www.youtube.com/watch?v=3cgTIgy0Svs

[10]- Kruk, E. (2013). Psychology Today, Supra; What children of divorce most want and need is to maintain healthy and strong relationships with both of their parents.

Jayne A. Mayor, Ph.D. (2012)  PAS: It’s Causes, Cures, Costs & Controversies

[11]- U.S. Constitution including the 14th Amendment Equal Protection Clause which applies to the States:

Constitution:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article I, Section. 8-The Congress shall have Power To: … provide for the common Defense and general Welfare of the United States; …..To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Equal justice under law is engraved on the front of the United States Supreme Court building in Washington D.C. and the Court is charged with ensuring the American people the promise of equal justice under law.

The 14th Amendment:

The Equal Protection Clause of Fourteenth Amendment to the United States Constitution provides that “no state shall … deny to any person within its jurisdiction the equal protection of the laws.”

[12]- Many cases including Marriage of Margulis (August, 2011)

  • The judge does not demand all the financial documents or the spouse destroyed financial documents illustrating the total amount of community assets and is not held accountable,

AND ALSO

  • The judge ignored the income derived from these assets or could not ascertain this amount due to destruction of these documents.

This was a deliberate misrepresentation by the alienating parent and possibly the attorneys and others on his behalf upon the Court, the alienated parent and others.

- Federal Tax Code
– BNA Tax Management Portfolio 515, (2000 – Present)

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