Plain English Breakdown
The bill summary and digest do not provide specific details on enforcement mechanisms or consequences for parents found guilty of parental alienation.
Rules for Parental Alienation in Court
This bill requires courts to make specific findings about parental alienation when dealing with cases involving children's rejection of one parent.
What This Bill Does
- Requires the court to make specific findings about whether a child is rejecting a parent because of parental alienation.
- Lists what information the court must include in its findings, such as behaviors that caused the rejection and why it’s not just estrangement.
- Explains how the court should consider if the favored parent's actions were intentional or reckless.
- Allows the nonfavored parent to ask an appeals court to review if the trial court followed these rules correctly.
Who It Names or Affects
- Courts dealing with legal decision-making and parenting time cases involving children who reject a parent.
- Parents involved in custody disputes where one child rejects a parent.
- Experts providing testimony about parental alienation.
Terms To Know
- Parental Alienation
- Intentional or reckless conduct by a favored parent that causes the child to reject, without justification, a relationship with the nonfavored parent.
- Estrangement
- The child's rejection of the nonfavored parent is objectively reasonable due to either the nonfavored parent's behavior or other factors prescribed in section 25-403, subsection A.
Limits and Unknowns
- The bill does not specify what happens if the court finds parental alienation but there was a good reason for it.
- It doesn't say how courts should punish parents found guilty of parental alienation.
- The effectiveness and fairness of these rules in real cases is unknown.