How do you prove parental alienation?

Asked about 2 years ago - Norfolk, VA

My fiance's ex has stopped webcam contact, doesn't consistently provide schedules of extracurricular activities, doesn't include him until after the fact on any medical appoinments and that is only after the last court date where our attorney had it put in papers to inform us of all medical appointments. She took the oldest to the ER and didn't inform us until the following day by email. He has joint legal custody and she never asks him about anything. When the kids visit they tell us she told them to let us know they need new shoes and clothes. She doesn't work at all and gets welfare, she has multiple sclerosis( has never deteriorated in 11 years), ulcerative colitis and osteoporosis. he pays 1350.00 monthly. WE are trying to get custody also but not sure where to go from here.

Additional information

Also, the kids have informed us that his ex has disclosed information about the case with them. Her older son was ordered out of the house due to possible abuse and she told them he was moving out because of specific details that were referenced at court. They are 5 and 7, highly inappropriate

Attorney answers (1)

  1. Jennifer E Mandell

    Contributor Level 15

    Answered . The facts that you describe may not rise to the level of alienating conduct that would establish parental alienation per se, though it really does depend on the totality of the specfic facts adn history of this particular case and the particular judge that hears the case.

    What you seem to be describing, at a minimum, are violations of the existing custody order. The remedy for that is to file a Rule to Show Cause against the custodial parent for civil and/or criminal contempt. You can also file a petition for a modification of custody based on these same facts.

    If your fiance has not yet contacted his attorney to discuss these issues, questions, and concerns, then I would suggest that he do so as soon as possible. His lawyer will have more intimate knowledge of the facts and history of this particular case, as well as knowledge and experience with the local judges that may be hearing this case.

    This response does not create an attorney-client relationship and is intended for general information purposes only.

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