Tips for Setting Up Your Custody Case during a Divorce Proceeding – Part 3
Tips for Setting Up Your Custody Case during a Divorce Proceeding – Part 3
What would you do when the other parent is alienating the children in order to influence the outcome of a custody battle? Surprisingly enough, during custody litigation, a significant amount of parents attempt to alienate the children from their parent in an attempt to influence the outcome of the custody battle. I say this is surprising because either parents do not know or do not care about the tremendous impact this alienation can have on the children during the custody battle and continuing into the future. If [unclear], the first thing you should do is petition the court via motion to get an order asking your spouse to discussing the litigation with the children, and making derogatory statements to the children while they are present. More often than not you should also seek to include your spouse’s family members or close friends who have significant time with the children as well as your spouse in this order.
In practice, these requests are routinely granted by the court because there is absolutely no arm in requiring both parties’ or either party to restrain from making disparaging marks in front of the children or alienating the children from one parent or the other. It does not have negative impacts on either party and, frankly, if you are not attempting to alienate your children, you have absolutely nothing to worry about.
On the other hand, this type of court order is often met without regard and the alienation continues. If that is the case and you can petition the court with proof that your spouse continues to alienate the children, there are a number of remedies that a court can impose for violating an alienation order. Rule 5:3-7(a) lists those additional remedies that are available. Some examples include additional time for the non-violating parent with the children, fines, counseling, temporary or permanent modification of the current custody arrangement, counsel fees, parenting classes for the parent in violation of the order, and other appropriate remedies including incarceration.
These types of sanctions are often difficult to have a court order, however, it certainly is in the realm of possibilities
