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Court Intervention in Child Alienation Cases

By Elliot J. Wiener and Bernice H. Schaul

Prevention of the disintegration of families is such an important goal that judges, traditionally cautious, practical and careful, can be enlisted to actively try to reverse the effects of a family's crisis. When it appears that a child has been alienated from a parent, or soon will be, the necessity for judicial action is especially powerful.

The severing of a relationship between a parent and a child compromises a child's healthy development and is an emotionally devastating experience for the family. There is a substantial body of psychological literature that demonstrates significant negative short-term and long-term consequences for children who become alienated from one parent in the context of a divorce. Research studies, clinical observation and case reviews show that alienated children suffer from an array of emotional problems. At the very least, they begin to have distorted views about personal relationships and poor reality testing, they can become manipulative and callous in ways that compromise their interactions with others, and they have separation and identity issues.

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