A Guide to choosing a lawyer with cases involving parental alienation. 

When choosing a legal representative please ask the right questions to ensure that they are experienced in this niche area of law. Please find below some initial questions to ask prior to appointing legal counsel in your case:

PRIOR EXPERIENCE

1. ARE YOU FAMILIAR WITH THE CONCEPT OF PARENTAL ALIENATION AND HOW IT IS DEALT WITH IN LAW?
2. ARE YOU FAMILIAR WITH PARENTAL ALIENATION AND HOW IT IS DEALT WITH IN THE MENTAL HEALTH LITERATURE?
3. ARE YOU FAMILIAR WITH THE LEADING EXPERT WITNESSES AND MENTAL HEALTH PRACTITIONERS AND THERAPISTS WHO SPECIALISE IN THIS AREA? IF SO, PLEASE INDICATE WHO YOU ARE FAMILIAR WITH.
4. HOW MANY CASES WHERE PARENTAL ALIENATION WAS AN ISSUE HAVE YOU BEEN INVOLVED WITH? HAVE ANY OF THESE CASES BEEN REPORTED AND, IF SO, PLEASE PROVIDE THE CITATION.
5. HAVE YOU EVER ACTED FOR A PARENT ACCUSED OF PARENTAL ALIENATION? WOULD YOU KNOWINGLY TAKE OR CONTINUE A MANDATE FOR A PARENT ACCUSED OF PARENTAL ALIENATION?
6. WOULD YOU BE PREPARED TO SOLICIT THE CONSENT OF SEVERAL OF YOUR CURRENT AND/OR FORMER CLIENTS FOR ME TO SPEAK WITH CONCERNING YOUR REPRESENTATION OF THEM IN THEIR PARENTAL ALIENATION CASE?

STRATEGIC APPROACH TO THE CASE

1. PLEASE DESCRIBE YOUR STRATEGIC APPROACH TO A PARENTAL ALIENATION CASE?
2. WHAT IS YOUR APPROACH TO THE INEVITABLE STRATEGY OF DELAY ON THE PART OF THE OPPONENT?
3. WHAT IS YOUR UNDERSTANDING OF THE USEFULNESS OF CONVENTIONAL THERAPY IN THESE CIRCUMSTANCES?
4. WHAT IS YOUR UNDERSTANDING OF SPECIALIZED PSYCHO-EDUCATIONAL INTERVENTIONS IN THESE CIRCUMSTANCES? ARE YOU AWARE OF ANY OF THE PROVIDERS AND WHAT WOULD YOUR STRATEGY BE TO HAVE THEM APPOINTED?
5. I HAVE SOMEWHAT LIMITED FUNDS AND CANNOT AFFORD A PSYCHOLOGICAL EXPERT. WHAT WOULD YOUR STRATEGY BE IN MY CASE?
6. I HAVE THE FUNDS TO HIRE EXPERT WITNESSES. WHAT WOULD YOUR STRATEGY BE IN MY CASE?
7. ARE YOU PREPARED TO WORK WITH, AND INTEGRATE THE ADVICE OF, SPECIALISED COUNSEL AND/OR LITIGATION ADVISORS AS PART OF YOUR APPROACH TO THE CASE?
8. WHAT WOULD YOUR APPROACH BE TOWARD THE POSSIBILITY OF A FORENSIC PSYCHOLOGICAL INVESTIGATION / CUSTODY ACCESS ASSESSMENT?
9. HOW WOULD YOU ASSIST ME IN ORGANISING THE FACTUAL BACKGROUND, DOCUMENTARY AND ELECTRONIC EVIDENCE AND COLLATERAL WITNESSES AND FAMILY HISTORY?
10. IN YOUR EXPERIENCE, HOW DO YOU PROVE AN ALIENATION DYNAMIC IS THE PRIMARY CAUSAL FACTOR OF A FAMILY DYSFUNCTION?
11. WHAT WOULD YOUR APPROACH BE TO THERAPISTS, INVESTIGATORS, CHILDREN’S COUNSEL, CHILD PROTECTION SERVICES AND OTHER THIRD PARTIES WHO HAVE BEEN INVOLVED IN THE CASE AND WHO AT THE PRESENT TIME “DO NOT GET IT”.
12. WHAT IS YOUR APPROACH TO DEALING WITH ALLEGATIONS OF: (A) PHYSICAL ABUSE; (B) SEXUAL ABUSE; (C) FALSE CRIMINAL COMPLAINTS; AND (D) IMPROPER RESTRAINING ORDERS?
13. WHAT IS YOUR APPROACH IN DEALING WITH CHILD PROTECTIVE SERVICES TO THE EXTENT THEY HAVE INVOLVEMENT IN PRIVATE CUSTODY LITIGATION?
14. HAVE YOU EVER INVOKED CHILD PROTECTION STATUTES TO DEAL WITH THE PARENTAL ALIENATION DYNAMIC?
15. WHAT IS YOUR APPROACH TO DEALING WITH GUARDIANS AD LITEM / CHILDREN’S COUNSEL?
16. WHAT PROCEDURES DO YOU SUPPORT TO HELP ME MANAGE THE COST OF MY CASE?

HOW ELSE COUNSEL CAN ASSIST

1. ARE YOU AWARE OF SUPPORTIVE SERVICES AND RESOURCES FOR ME?
2. ARE YOU AWARE OF, AND HAVE YOU READ, ANY BOOKS THAT WOULD BE OF ASSISTANCE FOR ME?
3. WHAT WEBSITES / BLOGS DO YOU RECOMMEND?