F.A.C.T. Information: Parental Alienation
More great information is available through F.A.C.T. See our home page at www.fact.on.ca
Legal Cases dealing with Parental Alienation
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Dr. Gardner maintains a list of legal citations on his site entitled, amaziningly enough Testimony concerning the Parental Alienation Syndrome has been admitted in courts of law in many states and countries . These may be useful. To the extent that we can locate judgements, we will try to post at least some of them.
Cases from the United States of America
Case of Elsholz v. Germany. This case came to us from Dr. Gardner's website. I thought their description of the case was excellent, so here it is (almost intact): This case is important regarding the legal recognition of the PAS, especially in Frye and/or Daubert hearings in the U.S. Mr. Elsholz claimed to the lower German court that his son`s alienation from him was the result of a PAS that was programmed by the boy`s mother. The court failed to recognize the PAS and did not order visitation. The appeals court also erred in not recognizing the PAS and thereby supported the lower court`s decision. Mr. Elsholz considered these rulings to have violated his Human Right to have access to his son and so brought his appeal before The European Court of Human Rights in Strasbourg, France. This court has jurisdiction over the courts of all member nations [one of which is Germany] and its decisions are binding. In this regard, it is similar to the U.S. Supreme Court. Of particular relevance to the PAS are sections 33 through 36 of the decision. In addition, The Human Rights court ruled that the German government would have to pay Mr. Elsholz 35,000 DM in nonpecuniary damages and 12,584 DM as reimbursement for costs and expenses.