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11 U. Mass. L. Rev. 64 (2016)
Parental Alienation Syndrome: Fact or Fiction - The Problem with Its Use in Child Custody Cases

handle is hein.journals/sonengrs11 and id is 67 raw text is: HFil UMass Law Review Parental Alienation Syndrome: Fact or Fiction? The Problem with Its Use in Child Custody Cases Holly Smith 11 U. MASS. L. REV. 64 ABSTRACT Parental alienation syndrome is an alleged disorder that was first coined by Dr. Richard Gardner in 1985. Dr. Gardner defined this alleged syndrome as one that arises primarily in the context of child-custody disputes and involves a child's unjustified denigration against a parent. Although more than thirty years have passed since parental alienation syndrome was first introduced by Dr. Gardner, it is yet to be recognized or accepted in the medical community. Moreover, there are also legitimate questions concerning the alleged syndrome's admissibility and reliability as evidence in family law proceedings, and the negative effects parental alienation syndrome poses on child custody cases are undeniable. This Note argues that parental alienation syndrome should not be recognized in Massachusetts child custody disputes because it is not a medically recognized syndrome, nor does it pass either of the evidentiary reliability standards used in the Commonwealth.. This Note proposes that parties involved in child custody disputes should be educated on the junk science of parental alienation syndrome and informed of the laws available to assist them when issues arise concerning parental behavior that may negatively impact a child. AUTHOR NOTE Holly Smith is a third year law student at the University of Massachusetts School of Law. She graduated Summa Cum Laude from Kaplan University in 2010 and expects to receive her J.D. in May 2016. The author would like to thank Justine Dunlap for her unwavering mentorship through the note writing process, family and friends for constant encouragement, and several family law professionals for guidance along the scholarly writing journey. The author would also like to extend a special thank you to Alex Rovzar, Editor-in-Chief of the UMass Law Review, for the time, dedication, and guidance he provided in completing this Note, as well as the rest of the law review staff for their contributions. The author finally thanks her daughter, Emily, for steadfast patience and understanding, through the countless hours of rigorous research and writing.

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