If the evaluator has had the opportunity to evaluate both parties and the child, he or she may also give an expert opinion on the ultimate issue of custody. If the expert has concluded that intentional fabrication of sexual abuse has taken place, that testimony will be weighed heavily in the expert's custody recommendation and in the final decision by the court. Parental alienation Manipulation of children by mothers has increased with the erosion of the tender years doctrine, which assumed that the mother was a naturally superior parent. That doctrine was replaced with the presumption that the sex of the parent should be disregarded and that custody determinations should be based on other direct criteria of parenting capacity. As the father's chances of winning custody improved, the mother's increased vulnerability caused some mothers to use various forms of manipulation to strengthen their cases for custody.
Parental alienation takes many different forms in divorce situations.
It can be overt brainwashing, whereby a parent consciously sets out to program a child against the other parent. More frequently, however, it involves a subconscious or unconscious effort to achieve that goal. Regardless of the terminology used, mental health professionals and judges are becoming increasingly aware of this harmful process and their responsibility to arrest it. Unless the expert educates the court, a judge may assume that a restraining order against alienation or requiring the mother to undergo therapy will alleviate the problem Once parental alienation is detected, make every effort to seek immediate relief from the court. An order requiring psychological evaluations of the child and the mother will be needed to prove the alienation and to recommend the appropriate remedial measures.