Parental Alienation: What It Is & How to Overcome It

Parental Alienation is a term coined to describe when a child refuses to have a relationship with a parent due to manipulation by the other parent. Parental alienation is often claimed during high-conflict divorce matters or parental responsibility matters, making it difficult to resolve.

Legal Context: Colorado's Stance on Parental Alienation

Colorado Courts recognize that willful interference with parental rights constitutes parental alienation, which is deemed contrary to the child's best interests.

C.R.S. 14-10-124 highlights the importance of promoting the child’s relationship with both parents unless contrary to the best interest of the child. For instance, C.R.S. 14-10-124 indicates that “In determining the best interest of the child for purposes of parenting time, the court shall consider all relevant factors, including: the ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party.”

Accordingly, parental alienation is contradictory to the best interest of the child as it undermines the child’s right to have a meaningful and plentiful relationship with both parents.

Examples of parental alienation include:

• When one parent attempts to turn the child against the other parent by manipulation, disparagement, badmouthing, interfering with the other parent’s parenting time
• When the opinions of a child are turned against one parent by the other
• A child’s unexplained resentment against one parent, or blind hatred by the child.  Such alienation could lead to canceled parenting time and cause the child to distance themselves both physically and emotionally from the other parent.

How Courts Address Parental Alienation

If you can show the Court that parental alienation is occurring and such behavior is significantly affecting your relationship with the child, the Court can attempt to remedy the issue in a number of different ways. The Court’s remedy will depend on the severity of the parental alienation.

If the case is mild, the Court could scold the parent for their alienating behavior, order them to stop disparaging the other parent and require them to follow all Court orders. The Court may further appoint a Parenting Coordinator (PC). A PC can help both parents communicate with one another more effectively. The court can also consider modifying parenting time or decision-making.

However, even if the Court finds that parental alienation is occurring, the Court may not modify parenting time if such is not in the best interest of the child or could harm the child (please see the blog Kayden’s Law). With issues of parental alienation, it is likely that the Court would order individual therapy for the parties and child, family therapy, or reunification therapy.

Don’t Face Parental Alienation Alone

Navigating any aspect of parental alienation can be complicated and emotionally exhausting. At Jorgensen, Brownell & Pepin, P.C., our experienced attorneys are here to guide you through these complex legal issues. We can help you understand your rights and develop effective strategies to protect your relationship. Don't let parental alienation strain your family bonds. Contact us today !