Is parental alienation established if there is a prior positive relationship with the targeted parent?
Ontario, Canada
The following excerpt is from O.M. v. S.K., 2020 ONSC 3816 (CanLII):
In Fielding v. Fielding, Mackinnon J. heard and accepted expert evidence that parental alienation is established if, i. there was a prior positive relationship with the targeted parent; ii. there is an absence of abuse by the targeted parent; iii. the alienating parent uses many of the alienating strategies; and iv. the child exhibits most of the alienated child behaviours (2013 ONSC 5102, at para. 135).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a child who unilaterally ends a relationship with one parent unilaterally terminates their relationship with the other parent without any apparent reason? (Ontario, Canada)
What is parental alienation and what is the definition of parental alienation? (Ontario, Canada)
What is the burden of establishing supervised parenting time for the other parent? (Ontario, Canada)
What is the test for determining whether a parent's best interests is to restrict access to a parent who lives in another parent's home? (Ontario, Canada)
What is the test for establishing a positive grandparent relationship? (Ontario, Canada)
Can a biological parent who is not physically involved in the relationship with the child be considered a non-biological parent of the child? (Ontario, Canada)
In what circumstances would a parent be denied custody in a custody battle between a parent and a non-parent? (Ontario, Canada)
Is a parent’s relationship with the other parent of the child beneficial to the child? (Ontario, Canada)
What is the test for parenting time between the parents of a child and a non-custodial parent? (Ontario, Canada)
Is support or encouragement of one parent that the other parent should not have a relationship with the other's children? (Ontario, Canada)
