Expert Can Testify as to Parental Alienation in Maine Divorce Case
- At October 14, 2019
- By Miles Mason
- In Child Custody
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Maine child custody case summary in divorce. NOTE: Case from Maine!
Note 2: Upon anonymous request, I have removed the parties’ names. Contrary to the assertions of the individual making the request, I do not post “lies” … “to promote” my firm. I summarize cases with legal significance that my readers, including but not limited to other family lawyers might find instructive. That being said, my case summaries are designed to very quickly get the reader an insight to what facts and legal issues are being discussed and, upon further interest, direct the reader to the actual appellate opinion! The appellate opinions are already on the Internet and public record. In my case law summaries, I have made mistakes in the past and will make mistakes in the future. That is why the case is usually hyperlinked. In this particular situation, upon my second review, the blog post is adequate as written. I encourage readers to point out any mistakes and I will make a good faith effort to review any post. A final note to my readers: when addressing folks over e-mail, I recommend courtesy when requesting a favor from others.
The mother in this Maine case filed for divorce, and the case went to trial for five days in September and October 2018. The lower court ultimately granted the father the final decision-making authority regarding the children, and granted him the right to provide the children’s primary residence. The mother also made a request for an order for protection from abuse, but this was denied. The mother then appealed to the Maine Supreme Court.
The mother first argued that the lower court had erred in giving the primary residence to the father. The high court noted that it reviewed such cases for clear error, and that the lower court had made extensive factual findings regarding the best interests of the children.
The lower court had zeroed in on the mother’s “persistent and unrelenting efforts to prevent the children from having a healthy relationship with their father,” and found that this factor was the most important in the case. The high court found that the lower court had made thorough and thoughtful findings, and that these revealed that the mother’s actions left the children without a meaningful relationship with the father. For this reason, it affirmed the lower court’s findings in this regard.
The mother next argued that the lower court erred in allowing expert testimony regarding parental alienation. The high court noted that the standard of review on this evidentiary issue was whether the lower court had abused its discretion. Under the rules of evidence, expert testimony is allowed if three tests are met. First, the testimony must meet a threshold of reliability. It must also be relevant and assist the trier of fact in understanding the evidence.
The lower court found that these tests had been met, and the supreme court reviewed the findings. The expert had testified that she worked in the area of parental alienation, and had education and publications that were relevant. She had previously been accepted as an expert in court proceedings, and her field and the methods used were acceptable.
The supreme court agreed that the testimony was relevant, because there had been much testimony of the mother’s role in preventing the father from having contact with the children. The supreme court determined the weight of the testimony was not great because the expert witness was not independent.
After reviewing all of the evidence, the supreme court agreed that it was proper for the lower court to consider the expert testimony.
The wife also appealed the denial of an award for spousal support, and the denial of the order for protection from abuse. After reviewing the lower court’s ruling, the high court held that the rulings were proper.
For these reasons, the supreme court affirmed the lower court’s ruling.
No. Han-19-77, 2019 ME 133 (Maine. Aug. 13, 2019).
See original opinion for exact language. Legal citations omitted.
To learn more, see Child Custody Laws in Tennessee.
See also Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring examples of parenting plans and child support worksheets from real cases available on Amazon.com.
