The degree to which a parent takes steps to preserve the parent-child relationship in a Florida custody dispute, such as a divorce or paternity action, can have a dramatic impact on the resulting custody orders.  Where one parent conducts a campaign to demean the other parent and create alienation between the children and the other parent, a court can take very extreme measures including significant changes in child custody arrangements including but not limited to a complete change in custody and temporary termination of visitation.

The case of Grigsby vs. Grigsby, Case No. 2D09-5255, District Court of Appeal of Florida, Second District. Opinion filed July 7, 2010 provides an example of the extreme consequences that can result when a parent intentionally engages in a pattern of alienation between one’s children and the other parent.  The Grigsby case provides a good exemplar of the reasons to avoid tactics designed to damage the bond between one’s children and the other parent in a Florida child custody case.

After the parents separated, the mother filed for an injunction of protection from domestic violence claiming that the father had used inappropriate corporal punishment on the couple’s children.  The father was allowed to continue unsupervised visitation that continued without incident for approximately two years until the injunction was dismissed.

The mother then engaged on a concerted campaign to alienate the children from their father.  The mother did not encourage the children to exercise their timeshare with their father.  The mother also refused to permit the father to have access to the children at other times.  The mother also opposed the father’s presence at school and extracurricular functions and indicated that she was inclined to obtain another injunction against the father.  The mother also refused to comply with the court’s orders regarding the father’s timeshare once the divorce was filed.

Instead the mother made allegations of sexual molestation against the father to the Department of Child and Family Services.  The mother also filed police reports alleging various crimes by the father including his involvement in the disappearance of a young girl.  All of these reports were found to be unsubstantiated, but the father’s access to the children was disrupted for a period of time.  The mother also filed complaints against those involved in the case including parenting coordinators, psychologists and social workers.

The court indicated the mother’s pattern of behavior was the most egregious example of parental alienation the court had ever seen.  The court indicated that the mother’s pattern of behavior “actively interfered with the love and emotional ties that previously existed between the father and the children.”  The court noted that the mother abused every process available for parents who have genuine concerns about their children’s safety to gain a tactical advantage in the divorce.

The court in Grigsby punished the mother by not only awarding sole parental responsibility to the father but also temporarily terminated all visitation by the mother.  The court indicated that while suspension of visitation should be avoided if possible, it is permissible to protect the welfare of children.  The Grigsby case also makes clear that when the court takes such an extreme step as terminating visitation that it must set forth requirements and terms upon which visitation will be re-established.

Ultimately, Grigsby shows the severe sanctions a Florida family law court may impose when one parent engages in a course of conduct designed to alienate the relationship between children and the other parent.  Conduct like disparaging the other parent, discouraging children from exercising visitation with the other parent and other behavior designed to damage the parent-child relationship is viewed extremely negatively by the court.

If you are involved in an acrimonious Florida child custody dispute, our experienced Florida child custody attorneys at Eric N. Klein & Associates are prepared to help you protect your relationship with your children.  We have handled many child custody cases where the other parent tries to alienate the children.  We offer a free consultation so contact us today at 954-580-8080.