The Kids Are Not All Right: Using the Best Interest Standard to Prevent Parental Alienation and a Therapeutic Intervention Approach to Provide Relief

INTRODUCTIONDad, this is James. Please check your voice mail and then come and get me either today or tomorrow and don't call back, don't call back cause I get in trouble . . . . Don't tell them that I told you to come. Please just come and get me today or tomorrow, please . . . and John . . . he wants to come home too. Bye, Love you.1-Voicemail message from one of the parties to his fatherIn a later interview with the court, James denied that he actually wanted to see his father.2 In fact, he had nothing positive to say about his father.3 James' siblings referred to their father by his first name, claimed to have no memories of their father, and were insistent that he had no redeeming qualities.4In 2010, in Noland-Vance v. Vance, the Missouri Court of Appeals affirmed the trial court's finding of parental alienation and awarded custody of the minor children to the father.5 Following the mother's allegations of the father's abuse of the children, the court ordered a clinical psychologist to conduct a psychological evaluation of the family.6 The psychologist found no credible evidence that the father had abused the children.7 The mother, however, admitted that she never said anything positive about the father to the children.8 She would berate him in front of the children and incite in them a fear of him.9 The psychologist concluded that the mother caused severe trauma to the children by alienating them from their father.10 In fact, the psychologist noted that this was the worst case of parental alienation he had ever seen.11Parental alienation is when one parent intentionally disrupts the child's relationship with the other parent.12 Parental alienation generally involves behaviors that denigrate the alienated parent, reduces contact between the child and the alienated parent, and ultimately causes the child to reject the alienated parent.13 These behaviors have become a serious problem for children of divorce or unhappy relationships.14Parental alienation is controversial among mental health and legal professionals as to whether it is a psychological disorder and what the appropriate legal remedy should be when it occurs.15 This Note argues that parental alienation is a serious legal concern in need of attention.16 Part I explains the difference between parental alienation syndrome and parental alienation.17 Part II then discusses the different legal remedies available in family law and tort law.18 Finally, Part III argues that family law is the best forum to address parental alienation, that the best interest standard should explicitly include parental alienation, and that courts should follow a therapeutic intervention approach before modifying custody. 19I. PARENTAL ALIENATION: A SYNDROME OR NOT?Parental alienation syndrome and parental alienation are similar but distinct classifications of when a child rejects a parent.20 Parental alienation is far more studied, respected, and less controversial.21 Part A of this Section describes parental alienation syndrome.22 Part B then explains parental alienation and its effects on children and their parents.23A. Parental Alienation SyndromeDr. Richard Gardner, credited for labeling and defining parental alienation syndrome, defined it as the programming or brainwashing of a child to denigrate the other parent while the child makes contributions to the denigration.24 To diagnose parental alienation syndrome, Dr. Gardner recognized eight symptoms that manifest in the child, which include a campaign of denigration against the parent, unfounded rationalizations for the denigration against the parent, and reflexive support of the alienating parent.25 Dr. Gardner developed criteria for determining the child's level of alienation as mild, moderate, or severe.26 The primary diagnostic symptoms include an assessment of the eight identified symptoms along with additional diagnostic considerations, including transitional difficulties, behavior during visitation, bonding with the alienating parent, and bonding with the alienated parent prior to alienation. …