Parental Alienation in Washington State - Burke Brown Attorneys, PLLC.

In a perfect world, parents would make decisions that are in the best interests of their children. But we all know that does not always happen. Instead, parents often make decisions based on what they want rather than what would be most beneficial for their children in the long run.

Unfortunately, some parents will go to extreme lengths to ensure a child stays with them and away from the other parent. A desperate parent might falsely accuse the other parent of child abuse. These situations sometimes involve allegations of parental alienation, so it is helpful to understand this concept and how it is addressed by courts in Washington state.

At Burke Brown Attorneys, PLLC, we have decades of experience defending parents who have been accused of all types of abuse in domestic relationships, and we know how parental alienation claims can complicate a case. We thought it would be helpful to provide some background information on parental alienation so that you can discuss these issues with your attorney and see how they might apply to your particular situation.

Overview of Parental Alienation

Parental alienation is defined as a situation where one parent works to interfere with a child’s relationship with the other parent, often by saying and doing things that encourage the child to be afraid of the other parent or to be angry with the other parent for no good reason. Parents can engage in alienation through very subtle tactics or actions that are quite overt.

Examples of Alienating Behaviors

A parent who is trying to alienate a child from the child’s other parent will often say or do things that repeatedly reinforce the message that the other parent doesn’t care about the child or that the other parent is dangerous. If a parent is trying to manipulate a child into believing the other parent poses a risk to their safety, the alienating parent might directly state that they don’t trust the other parent because that parent could hurt the child.

Or, to be subtle, they might say things like “I hope you weren’t scared, being here without me” or “I’m here to rescue you” when it’s time to pick the child up. Parental alienation often involves exaggerating the other parent’s character traits or creating completely false stories about them. Even subtle statements, when combined into a pattern of behavior, can have a profound impact on a child’s ability to trust and relate to the other parent.

How Washington Courts Address Parental Alienation Claims

When courts address custody issues and determine how much control parents should have over a child’s life, Washington law specifies in statutes such as RCW 26.09.002 that the questions are always viewed in light of what would serve the child’s best interests. Generally, the presumption is that it is in a child’s best interests to have a relationship with both parents. So, if one parent is doing something to undermine the relationship between the child and the other parent, that could be grounds to limit custody from the alienating parent and award custody to the other parent. The justification is that it is necessary to remove the negative influences to restore the child’s relationship with the parent who was targeted.

However, because courts take allegations of parental alienation so seriously, parents sometimes raise false accusations of alienation as a way to secure custody for themselves. This makes the issue very complicated. It is essential for both parents to secure credible evidence to support their assertions as to whether parental alienation tactics are being used with a child.

If you are subject to a criminal charge, CPS investigation, or a protection order based on allegations that you are abusing your child, you may be facing these accusations because the other parent is using the court system as a form of parental alienation.

The Role of Professionals in Alienation Cases

Evidence helpful to a parent’s case could include witness accounts, statements from text messages, video footage showing interactions, and other accounts showing how a parent has interacted with the child. However, it is often necessary to work with professionals such as counselors, psychologists, and custody evaluators who can assess the evidence and conduct interviews to piece together what is actually happening. An attorney can then take evidence from professional assessments and documentation and present a compelling argument showing how parental alienation is occurring or why a parent’s conduct should not be considered parental alienation.

Psychological Impact of Parental Alienation

Some experts classify parental alienation as a form of child abuse because of the harm it can have on a child’s emotional development. Not only can parental alienation destroy a child’s relationship with a parent, but it can also lead to additional effects on the child, such as:

● Restriction the child’s ability to establish or maintain relationships with others in the future

● Loss of self-respect and self-esteem

● Excessive guilt, anxiety, and depression

● Inability to control impulses

● Aggression

These problems not only affect a child’s home life but also the ability to function in school and other social settings. Of course, the impact on the targeted parent is tremendous as well, but in most legal situations, the targeted parent seeking relief will usually find it more effective to focus on the harm done to the child than the damage they have suffered because courts are focused on the child’s best interests.

Addressing Parental Alienation: Steps to Take

Parental alienation issues require careful handling. A study by the U.S. Department of Justice addressed concerns that when a parent raises issues of domestic violence or child abuse, the other frequently asserts that the parent making the accusation is engaging in parental alienation. This can end up penalizing a parent for taking protective action.

Whether you believe you are the victim of parental alienation tactics being used to turn your child against you or you have been falsely accused of parental alienation, advice and representation from an attorney experienced with these issues is critical. In both situations, your relationship with your child is at risk.

While seeking assistance from professionals, it is a good idea to document interactions the parents have with each other as well as interactions between parents and children. Keep copies of text messages and start making a list of individuals who have witnessed interactions so that these people can be interviewed later if necessary.

You may be facing a protection order, CPS investigation, or a criminal charge based on the other parent’s efforts to alienate you from your child. Manipulations of the legal system as an alienating tactic are very common, and you will need a knowledgeable attorney to work in tandem with a family law attorney to protect your child’s best interests and your parental rights.

Burke Brown Attorneys Helps Parents Protect Their Relationships with Their Children

Allegations of any form of abuse add tremendous layers of complication to family matters such as custody disputes. It is essential to ensure that your side of the story is heard by the court.

At Burke Brown Attorneys, PLLC, if you are facing accusations of child abuse, but parental alienation is at play, you may be facing a protection order or a criminal accusation. In criminal cases and protection order cases, we know the effective steps to take to explain what is happening and to preserve a parent’s rights when the other parent makes accusations of abuse, including situations that involve allegations of parental alienation. If you’d like to discuss the ways we may be able to assist in your protection order, criminal, or CPS case, schedule a confidential consultation now by calling us at 206-933-2414, contacting us through our website, or emailing us at team@burkebrown.com.