Surrey Parental Alienation Lawyers and Your Child’s Best Interests – Part 1
Our Surrey parental alienation lawyers know that disputes around parental alienation can involve situations where one parent intentionally separates their child from the other parent, or cases where a child decides to break off contact with the other parent without a good reason. Our Surrey parental alienation lawyers also know that the courts have said that neither of these situations is in the child’s best interest. These situations have occurred in numerous cases our separation and divorce lawyers and Surrey parental alienation lawyers have handled or are handling. MacLean Family law is a frequent winner of Top Choice Award for Best Family Law Firm in Vancouver and is led by one of Western Canada’s top family lawyers, Lorne N. MacLean, QC.
Our Top Surrey Parental Alienation Lawyers Explain What Parental Alienation Is And Why It Is So Devastating To A Child
Our Surrey parental alienation lawyers reviewed a recent a recent article by Dr. JM Bone that sets out Common Themes seen in parental alienation cases and that ends with his opinion on what needs to be done if the criteria are present whether or not the child has been successfully alienated:
- Criteria I: Access and Contact Blocking
- Criteria II: Unfounded Abuse Allegations
- Criteria III: Deterioration in Relationship Since Separation
- Criteria IV: Intense Fear Reaction by Children
It is our feeling that when attempted PAS has been identified, successful or not, it must be dealt with swiftly by the court. If it is not, it will contaminate and quietly control all other parenting issues and then lead only to unhappiness, frustration, and, lastly, parental estrangement.
You can meet with us with full confidence that we will accurately assess your case and prepare a powerful argument to maximize your chances of success. Our toll-free number is 1-877-602-9900. We have offices located across BC in Vancouver, St. John, Kelowna and Surrey. We also act in Calgary, Alberta on select high conflict and high net worth financial cases.
PARENTAL ALIENATION: WHERE A CHILD SEPARATES FROM A PARENT WITHOUT A GOOD REASON
Our Surrey parental alienation lawyers handle hundreds of cases involving situations where their child breaks off or stops contact with their parent. Our lawyers act for parents wanting to get back in touch with their children, as well as parents who wish to make sure their child is treated properly by the other parent.
In Williamson v. Williamson, 2016 BCCA 87, our highest court held:
39 … Parental alienation is a term that has been used in the context of divorce and separation cases to describe a breakdown in the relationship between a child and one of the separated parents. Some courts have said that alienation can occur as an unfortunate side-effect of the breakdown of a relationship, but can also occur because of deliberate actions, both direct and indirect, on the part of a parent: L.G. v. R.G., 2012 BCSC 1365 at paras. 1-2. Courts have said parents may engage in alienating behaviour without successfully alienating the child from the other parent: L.G. at para. 206.
40 In D.S.W. v. D.A.W., 2012 BCSC 1522, Mr. Justice Barrow thoroughly discussed some of the concepts relating to parental alienation. At para. 64, Barrow J. stated that at the core of parental alienation is:
… the notion that the child’s decision to refuse to have a relationship with the targeted parent is without justification or without convincing reason. If there is a reason given by the child for taking the extreme step of refusing to have a relationship with a parent, it will often be out of all proportion to the decision taken. The reasons for such decisions need to be assessed with the particular personality and experience of the child involved. What may seem a thin or unconvincing rationale for one child may have a much more convincing force in the context of the personality and experience of another child.
41 Barrow J. also observed that parental alienation must be distinguished from estrangement: D.S.W. at para. 28. Courts have said that the difference between estrangement and alienation lies in the cause; estrangement occurs when the child understandably refuses contact with a parent because of that parent’s behaviour, and there is a logical and rational reason for the child’s rejection of the parent. In the case of alienation, it is said there is little or no objectively reasonable cause for the child’s rejection of the parent: N.R.G. v. G.R.G., 2015 BCSC 1062 at paras. 277-278
42 If a court finds a parent ‘guilty’ of alienation, that finding does not pre-determine one particular remedy: L.G. at para. 220. Determining an appropriate response once a finding of alienation is made is an extremely important process since it can have an impact on both the short and long term well-being of the children involved: N.R.G. at para. 287.
Our top rated parenting lawyers and Surrey parental alienation lawyers are here to help you re-establish contact with your children, or ensure that your children are being parented by your ex-spouse in a way that is consistent with their best interests. Often, experts are required in parental alienation cases, and it may take a skilled lawyer to dissect the expert’s report and ensure the expert is qualified to testify and to ensure their report passes muster as being valid and fair. Remember, parents are forever. WE also act in cases where parents are falsely accused of parental alienation or cases where a child has good reason for avoiding one parent.
Call us toll free across BC at 1-877-602-9900 across BC to meet with our highly experienced Surrey parental alienation lawyers in Vancouver, Kelowna, Surrey and Fort St John, BC, led by one of the Province’s most successful and storied family lawyers, Lorne MacLean, QC (Queen’s Counsel). Mr MacLean also handles select cases in Calgary Alberta and Toronto.
