In this blog post we at PsychLaw.net will be discussing the role of attorneys in PA cases. It is easy to identify various levels of PA in mental health settings, in a variety of legal contexts, and in the everyday lives of neighbors, friends, and relatives. Attorneys may have several roles in cases that involve PA, but the most common is serving as the lawyer for one of the parents. Attorneys may also serve as a GAL for the child or as a “best interest” attorney representing the child. Litigating cases involving PA requires a skill set and knowledge of legal procedures that go beyond those used in less complex family law scenarios.
When the attorney represents the target parent, it is essential to ask the client to carefully document past events. Every moment in the child’s life prior to the onset of PA must be documented and potential exhibits and witnesses identified. Lorandos (2011) recommends a method by which a master chronology file and a master document are created, which ultimately includes every file, document, photograph, video, and witness statement or transcript. The database includes a complete list of all witnesses with contact information and citations to relevant places in the master document and chronology file. Organization of this material is critical to help the judge understand what has happened and what can be done about it.
The attorney for the target parent must demonstrate how the behavior of the alienating parent contributed to the development of PA, and whether it is in the early stage of mild PA or in the more advanced stage of moderate or severe PA, when the campaign of denigration, emotional poisoning, and brainwashing have escalated (Sauber, 2006). Sauber also instructs that the attorney should be mindful that the client will be anxious, angry and depressed. It is the attorney’s challenge to carefully explain to the judge how this came about, assign appropriate responsibility, and to offer expert recommendations to ameliorate the condition. After gaining the client’s trust, the attorney must advise the client with regard to appropriate behavior and management of his or her emotions. The attorney must aid the client to be steady, truthful, and direct in testimony about being a victim but “at the same time present[ing] to the judge examples, facts, and detailed descriptions of the particulars that are taking place” (Sauber, 2006, p.13). The attorney for the target parent also has the responsibility of carefully selecting an expert either by mutual agreement with opposing counsel or without it. An expert who does not know the research will not qualify under the Frye, Daubert,or Canadian Mohan standards.
An attorney always has the option of retaining a mental health consultant as a member of his litigation team. A mental health consultant assists the attorney and the target parent in organizing files such as emails between the parties, proof that the false allegations are fabricated, preparing questions for the direct and cross-examination of various witnesses, pointing out the strengths and weaknesses of the case findings and opinions of the therapist and evaluators, screening collateral contacts, and other ways of helping the attorney represent the “unpopular” position of the target parent (Bone and Sauber, 2012).
Lorandos, D. (2011). Saving Tonya Craft: An Integration of Science and Law. Champion, 35 (24).
Sauber, S. R. (2006). PAS as a Family Tragedy: Roles of Family Members, Professionals, and the Justice System. In R. A. Gardner, S. R. Sauber & D. Lorandos (Eds.), The International Handbook of Parental Alienation Syndrome: Conceptual, Clinical and Legal Considerations (pp. 12-32). Springfield, IL: Charles C Thomas Publisher.