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This article begins a three-part series that will: 1) identify the problem related to extreme cases of parent alienation; 2) discuss the impact of the problem; and 3) propose solutions.
We have all heard from our clients at one time or another that a child wants nothing to do with them because of the actions of the other parent or that parent's new spouse. Parent alienation, perhaps disavowed by many due to conflicted research, has been called by many names: programming/brainwashing, mind-control/poisoning children, coercive persuasion, mental kidnapping, character assassination, etc. The main idea that underlies this experience for children is that one or both parents repeatedly attempt to damage the image and/or reputation of the other parent so that a child will not want to be with, love or accept that parent in their lives. In serious cases, the child will become aggressive and hostile toward the target parent. The process and impact can take place over years. As an attorney confronted by this situation in a custody case, the first question is whether or not the alienation has occurred or if the client is just a problematic parent.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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