"Enough Already! Suing for Damages to Make Alienators and Their Enablers Pay - Dr. Ashish Joshi

Описание: "Enough Already!Suing for Damage$ to Make Alienators and Their Enablers Pay"

In a case involving parental alienation, the number one goal is to protect the child from the ongoing psychological abuse. But what do you do once the child’s wellbeing is safeguarded and the child is away from the toxic influence of the alienating parent? Or, as in some unfortunate but sadly not uncommon scenarios, the child is beyond the reach of the courts due to emancipation or other reason—what do you do then? It is very difficult if not impossible for courts to change the pathological mindset of an alienator, especially if the alienator has undiagnosed personality disorders. But what courts can do is to ensure that actions have consequences.

Parental alienating behaviors devastate a parent (or grandparent’s) relationship with the child. This loss of relationship often results in severe emotional distress, if not outright trauma for the rejected parent (or grandparents). In many cases the aggrieved & targeted parent (or grandparents) can bring a legal action seeking money damages for attorney fees, therapy costs, and ancillary litigation costs that he / they were compelled to spend to defend themselves against false allegations and to protect their relationship with the child. In addition, the targeted parent / grandparent can also sue for money damages to compensate them for the mental or emotional distress that they suffered due to parental alienation.

And it’s not just about making alienators pay for their behaviors. The professionals who enable alienation—intentionally or through gross negligence or reckless conduct—should face consequences for for their actions (or omissions). Guardians ad litem, minor’s counsel, child’s therapist, social workers...all are accountable to their respective rules of professional conduct and codes of ethics. Unless checked, these professionals will continue to do untold damage to countless families through their incompetence, negligence, or simply callous indifference.

Parental alienation is child abuse. And abusive behavior should neither be condoned nor excused. It’s time to make the alienators and their enablers PAY for their abusive actions. This presentation will discuss legal remedies that are available to targeted parents and grandparents when seeking redress and monetary damages for the severe financial and emotional distress that they have suffered due to parental alienation.

Ashish Joshi is the owner and managing partner of Joshi: Attorneys + Counselors. He serves as the lead counsel in high-stakes, complex family law and divorce cases. He has counseled and/or represented clients in state and federal courts across the United States and internationally, including in India, United Kingdom, Canada, Luxembourg, Japan, Hong Kong, British Virgin Islands, and China. Mr. Joshi has been admitted to the Bar of the Supreme Court of the United States, state bars of New York, Michigan, the District of Columbia, and Gujarat, India. Mr. Joshi serves as a senior editor of Litigation, the flagship journal of the ABA’s Section of Litigation, and on the advisory board of The Champion, the journal published by the National Association of Criminal Defense Lawyers (NACDL). He is the author of the forthcoming book, Litigating Parental Alienation.