Understanding Parental Manipulation: New Jersey's Legal Standpoint

what constitutes a parental manipulation in new jersey

Parental manipulation is a form of brainwashing that can have a significant impact on a child's psychological health and well-being. In the context of divorce and child custody cases, parental manipulation involves one parent attempting to sabotage or undermine the child's relationship with the other parent. This can lead to severe emotional damage, low self-esteem, trust issues, and substance abuse problems in the child. Parental manipulation can also result in legal consequences, such as contempt of court, temporary or permanent changes in custody, and in extreme cases, criminal charges and jail time. Recognizing the signs of parental manipulation and seeking legal and therapeutic interventions are crucial to mitigating the negative impact on the child and protecting their best interests.

Characteristics Values
Definition Parental manipulation involves one parent attempting to sabotage their child's relationship with the other parent.
Impact on the child Children who are victims of this conduct often suffer from depression, low self-esteem, trust issues, substance abuse problems, and self-hatred
Impact on the alienated parent The alienated parent may face difficulties in forming attachments with their child, and may be held in contempt for violating a custody order.
Types of alienators Naive alienators, active alienators, obsessed alienators
Treatment Reunification therapy, intensive therapy, open communication with the child
Legal consequences Interference with custody is considered a third-degree crime in New Jersey, punishable by heavy fines and possible jail time. If the child is taken out of the country, it becomes a second-degree crime with more severe penalties.

cycivic

Parental alienation syndrome (PAS)

Gardner defined PAS as:

> "...a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child's campaign of denigration against the parent, a campaign that has no justification. The disorder results from the combination of indoctrinations by the alienating parent and the child's own contributions to the vilification of the alienated parent."

He also stated that the manipulation may be deliberate or unconscious on the part of the alienating parent. Proposed symptoms of PAS include extreme but unwarranted fear, disrespect, and hostility towards a parent. The child may also exhibit a lack of guilt over their treatment of the alienated parent, and may use borrowed scenarios and phrases from the alienating parent.

PAS has been criticised by legal and mental health scholars for lacking scientific validity and reliability, and its status as a syndrome is disputed. However, it has been cited in high-conflict divorce and child custody cases, particularly as a defence against accusations of abuse.

In cases of parental alienation, it is the child who suffers the most. They are prevented from receiving the reassurance they need from both parents to adapt to new family dynamics. Children who are victims of parental alienation often suffer from depression, low self-esteem, and trust issues, increasing their chances of developing substance abuse problems. Severe cases can lead to self-hatred, as children internalise the hate exhibited by the alienating parent.

cycivic

Custody interference

In New Jersey, interference with child custody is a serious offence. Custody interference occurs when a parent, guardian, or other lawful custodian takes, detains, entices, or conceals a minor child from the other parent in violation of a custody or parenting time order. This can be considered parental kidnapping, which is a crime.

If a parent deprives the other parent of custody or parenting time by taking, detaining, enticing, or concealing a child for more than 24 hours, it is considered a second-degree crime. If the child is taken outside the United States, it is automatically considered a second-degree crime. In these cases, the penalty is incarceration and payment of the other parent's attorney's fees, as well as other expenses incurred in recovering the child.

There are defences to charges of interference with custody in New Jersey. If a parent believes that their child is in imminent danger from the other parent, they may have a defence if they contact the New Jersey Division of Child Protection and Permanency (DCPP), local police, or the district attorney's office within 24 hours and reveal the child's location. Additionally, if a parent has custodial rights and is fleeing from imminent physical danger, they must still contact the authorities as soon as reasonably possible or bring a custody action in court.

Parental alienation, a form of manipulation, can also lead to custody interference. This occurs when one parent attempts to sabotage the child's relationship with the other parent, preventing the child from receiving the necessary reassurance from both parents to adapt to new family dynamics. While parental alienation is not easy to prove, it can have severe consequences for the child, including depression, low self-esteem, trust issues, and increased chances of substance abuse problems.

In cases of serious alienation, a judge may order "reunification therapy" to help repair and strengthen the relationship between the alienated parent and child.

cycivic

Emotional abuse

In New Jersey, denying a child a loving and functional relationship with one parent is often considered a form of emotional abuse in family law. Studies have revealed that parental manipulation is present in 11 to 15 percent of divorces with children, with victims suffering from depression, low self-esteem, and trust issues. These issues increase the child's susceptibility to substance abuse problems and can lead to self-hatred as they internalize the negative sentiments expressed by the alienating parent.

Parental alienation tactics can vary in severity and intention. Some parents may be considered "naive alienators", who recognize the importance of a healthy relationship with both parents but occasionally make disparaging remarks about the other. "Active alienators" lash out in frustration against the other parent in the child's presence, often feeling remorse but creating ongoing litigation issues. "Obsessed alienators" intentionally attempt to destroy the child's relationship with the other parent, employing manipulation tactics such as brainwashing and using the child as a pawn against the other.

The impact of parental manipulation on children can be profound and long-lasting. They may struggle with forming attachments, experience post-traumatic stress, and become expert manipulators themselves. Reunification therapy is often ordered by judges in New Jersey to address serious alienation, but the syndrome is not always recognized or believed by the judiciary, complicating custody decisions.

To protect children from emotional abuse in New Jersey, any person with reasonable cause to believe that a child is being emotionally abused is legally required to report it to the Division of Child Protection and Permanency or the State Central Registry. This includes situations where the child's emotional condition is impaired or in danger of impairment due to a parent's failure to provide adequate care, supervision, or guardianship.

cycivic

Brainwashing

Parental manipulation, often referred to as Parental Alienation Syndrome (PAS), is a form of brainwashing that can have detrimental effects on a child's psychological health and well-being. It involves one parent attempting to sabotage the child's relationship with the other parent, creating distance and often causing the child to reject the targeted parent completely. This behaviour is present in 11 to 15% of divorces with children involved and can lead to severe consequences for the child, including depression, low self-esteem, trust issues, and substance abuse problems.

During a divorce or child custody case, parents may act out of anger or hurt and manipulate their children to get back at their ex-spouse. This manipulation can take various forms, such as limiting contact between the child and the other parent, monitoring and instructing the child during conversations, or making frequent calls or texts during visitation periods to disrupt their time with the other parent. In extreme cases, a parent might threaten self-harm or suicide to gain an advantage in custody or child support negotiations.

The impact of parental alienation goes beyond the immediate family dynamics. Children who have experienced this manipulation often internalize the negative views of one parent, leading to a negative self-image and difficulty forming attachments in the future. They may also learn to create drama instead of resolving conflicts peacefully. Additionally, parental alienation can result in a perpetuating cycle, with studies showing that half of the children who experienced alienation went on to become alienated from their own children.

Family courts in New Jersey recognize the seriousness of PAS and have allowed experts to testify on the subject. While there are currently no published cases specifically discussing PAS in the state, judges have taken steps to address parental manipulation. In some instances, custody has been transferred to the alienated parent, and reunification therapy has been ordered. However, repairing the emotional damage caused by parental manipulation can be challenging, and even with treatment, the bond between the child and the targeted parent may never be fully restored.

To protect their relationship with their child and safeguard their emotional well-being, the targeted parent should take swift action. This includes gathering and preserving evidence of alienating behaviours, such as texts, emails, or recorded phone calls. Seeking legal advice and consulting with a therapist can also help navigate the complex dynamics of parental alienation and develop strategies to mitigate the harm caused to the child.

cycivic

Child's psychological health

Parental manipulation can have a significant impact on a child's psychological health and well-being. It can cause children to suffer from depression, low self-esteem, and trust issues, increasing their chances of developing substance abuse problems. In severe cases, parental alienation can lead to self-hatred, as children internalize the hate exhibited by the manipulating parent. This can make it difficult for them to form attachments with others in the future.

Parental alienation can be considered a form of brainwashing, where one parent targets the other, undermining the chances for a healthy relationship and potentially leading to the child rejecting the targeted parent completely. This puts children in a position of inherent conflict, as they are used as pawns or weapons against the other parent. The alienating parent may lie or distort events to make themselves look better and the other parent worse. They may also monitor conversations between the child and the targeted parent, disrupting their time together with frequent calls or texts.

The impact of parental manipulation can be long-lasting. Studies have shown that half of the children who experienced alienation later became alienated from their own children, perpetuating a cycle of drama and conflict. Children of manipulative parents may struggle to form healthy relationships and resolve disputes constructively.

However, there are treatments available for Parental Alienation Syndrome in New Jersey. While extreme cases may result in irreparable damage to the parent-child relationship, intensive therapy can help restore the bond. Reunification therapy, for example, involves the parent and child spending meaningful time together to rebuild their connection. Maintaining open communication with the child is crucial, as it demonstrates the targeted parent's willingness to listen and be present for the child.

Judges in New Jersey are committed to protecting the best interests of the children when making custody decisions. While not all judges believe in the doctrine of parental alienation, they consider both parents' equal rights and the need to maintain frequent and continuing contact with both parents. In cases of severe or persistent alienation, remedies are available in court, including temporary or permanent changes to the parenting plan.

Frequently asked questions

Parental manipulation is when one parent attempts to sabotage their child’s relationship with the other parent. This can be done by lying, distorting events, or brainwashing the child to make themselves look better and the other parent look worse.

Some red flags include limited contact with the other parent or child, frequent interruptions during visits, and a sudden distant relationship with the child. The child may also start to exhibit signs of depression, low self-esteem, trust issues, and substance abuse problems.

If you suspect parental manipulation, it is important to gather evidence such as texts, emails, or recorded phone calls that support your allegations. You should also seek legal advice from a family law attorney and consider therapy for yourself and your child.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment