Parental Access Interference
Parental access interference, also known as custodial interference, parental time interference, or parental alienation, is the willful act of one parent preventing another from engaging with their child or children. In other words, one parent knowingly prevents the other from spending time with their child that they rightfully have as a caregiver. This claim is especially common when a court has ordered otherwise.
This is highly illegal. However, it occurs frequently. Oftentimes, the father is the one who suffers from parental access interference. Usually, this occurs at the hands of a vindictive, cruel, or mentally-ill ex-wife or girlfriend. That is not to say the shoe can’t be on the other foot. After all, poor parental choices are equally possible from both the mother and the father. However, men seem to get the short end of the stick at a far greater rate. And like many issues that must be handled by family courts, men are often left with little or no recourse when parental access interference occurs.
In cases where parental access interference tactics are determined to be present or to have occurred, legal actions might be taken. These may include formal changes in parenting time allocation, the requirement to attend parenting classes, and the demand for supervised visitation.
When Can Parental Access Interference Claims Be Made?
Claims of parental access interference are valid when one parent takes direct or indirect action aimed at depriving the other parent other their legal right to co-parent their child or children. Interference with valuable parenting time should not occur and should not be allowed to persists. Those with claims of parental access interference may be able to make legal claims and win judgments if they can be proven in court.
Sometimes, the actions of one parent are not necessarily considered parental access interference. For example, a parent who is late to drop off a child for court-mandated visits may not be guilty of parental access interference. After all, mistakes happen and things come up. We’re all human. Nobody is perfect. On the other hand, a consistent pattern of this behavior may be cause for concernt.
Direct or Indirect Intention
However, should a parent consistently fail to show up on time or show up early to pick up a child, they may be guilty of parental access interference. Again, this must not necessarily be a direct intention. However, most claims with some weight behind them will show that intention was behind one parent’s plans to interfere with the other’s child-parent relationship.
Additionally, parental access interference can occur if a parent completely blocks a child or parent’s access to one another. This includes visits, phone calls, texts, emails, video chats, etc. If two parents have separated and one parent attempts to keep in contact with their child, this is usually considered to be healthy for the child, so long as the parent is not a destructive force in the child’s life.
A parent has the legal right and moral responsibility to ensure their child is healthy, safe, and happy. Should this parent’s ability to communicate and engage with their child or children be hindered by the other parent, a claim of parental access interference can be made. Subsequently, legal action may be taken by one parent against the other. In fact, it should be. After all, your child’s wellbeing is at stake.
Let’s say you and your wife simply couldn’t make things work. You tired and tired. However, it’s clear the relationship has degraded to a point of no return. Finally, the relationship ends in divorce. Consequently, your time with your child or children must now be split, as you no longer live in the same household. At this point, it should be understood that both parents deserve an equal amount of time with their offspring. This may be agreed upon between the parents or imposed by the court.
Let’s assume you tried to remain civil with your ex for the sake of the children and expected her to allow you to have regularly scheduled nightly calls or weekend visits with your child. However, if your ex decided she wanted to make your life difficult, she may choose at this point to restrict access to your children.
For example, your ex-wife suddenly won’t allow you to talk with your son or daughter on the phone. At first, calls occur less frequently. Then, they taper off for an unknown reason. Soon, you notice your child acting shy, reserved, or apprehensive while on the few calls you successfully make. Odd, you think. Finally, you send a text to your former spouse to ask what’s going on. In response, you receive a reply telling you that your child doesn’t want want to see or speak with you.
This may occur for multiple reasons. A parent may lie to or manipulate your child. Things may be said behind your back that are outright lies in order to brainwash the child and turn them against you. Even worse, your child may be being physically, mentally, or sexually abused by the other parent or people around them. As a result, they now feel disempowered. They may feel they have no one to turn to now that you, their protector, is no longer available to keep them safe.
Are You a Victim of Parental Alienation?
According to the Weinberg Law Group of New Jersey, “parental alienation, or parental alienation syndrome, involves the programming of a child by one parent to denigrate the other.” This is done with the intention to “undermine and interfere with the child’s positive relationship with that parent.” They go on to note that these behaviors and actions are “often motivated by one parent’s inability to separate co-parenting from the conflict and anger that may still be present in the couple’s relationship.”
They continue to say that “in severe cases, meaning there have been significant attempts to ‘brainwash’ the child into believing falsely negative information about the targeted parent, it is in the targeted parent’s best interest to seek the advice of a family law attorney with experience and skill in dealing with cases of parental alienation. It’s unfortunately still the case that not every judge or psychologist believes in the doctrine of parental alienation.”
If you feel you have been a victim of parental access interference, your best course of action is to seek legal assistance from a qualified attorney. However, no promises can be made that you will see justice… or your child for that matter. Unfortunately, you will be placed in the hands of a legal system that has been structured against you.
Oftentimes, you’ll be fighting an expensive, long-term, uphill battle. Additionally, in cases where corruption is involved (like those in the Arizona family court system), access to your child may continue to be restricted despite your ability to provide evidence of parental access interference. You can only hope your case comes in front of a fair and impartial judge who will do what is right for you and your child.
Help Us Fight the Good Fight
Costs to document this historical government tragedy have been excessive. However, they are far from over. Our personal expenses to fight the powers that continue to victimize our children and their families have exceeded over $1,000,000. They continue to grow by the day. In order to save face, the state of Arizona continues to blame the victims of corruption. They do so at great damage to their reputations and credibility.
Any contribution you can make to aid our cause is most appreciated. You can donate to Saving Grace Advocates using the link provided. Thank you for your continued support and contributions.