Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, Bruce L. Beverly
Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, Bruce L. Beverly
Bruce L. Beverly
As the second of a series, this paper attempts to further explore the phenomenon of parental alienation in domestic relations cases by exploring the often frustrating position that many courts take with regard to blatant and obvious violations of the fundamental rights of parents to raise and know their children. Ofttimes, where courts have found the most blatant interference and harmful manipulation by one parent of the other parent's formerly close relationship with a child, the court either forces a detrimentally aligned child into the custody of the wrongfully vilified parent, thereby harming possible the child and that injured parent, …
A Remedy To Fit The Crime: A Call For The Unreasonable Rejection Of A Parent By A Child As Tort, Bruce L. Beverly
A Remedy To Fit The Crime: A Call For The Unreasonable Rejection Of A Parent By A Child As Tort, Bruce L. Beverly
Bruce L. Beverly
The U.S. Supreme Court has stated time and again that the privilege to raise a child as a parent sees fit is a substantive fundamental right under the Constitution. However, when faced with the situation where one parent poisons the child against the other parent, and that child then unreasonably rejects a formerly loved parent, Courts have been reluctant to enforce this fundamental right by allowing tortious recovery against the offending parent. This paper briefly examines the legal and mental health controversies surrounding parental alienation and suggests that more Courts should recognize an independent tort cause of action against an …