Parental alienation

North Carolina Divorce Law Divorce and Separation Answers
1

Erin,

First I want to give MANY thanks to you for all the help. The question is"

  1. does NC recognize parental alienation as an issue for a Contempt charge when the CP has not allowed the father to visit in over two years? I have a PSA incorporated and it states I have joint legal custody with visitation. The issue is the ex has alienated the child against me and has shared everything about what the ex and I talk about? I have filed a Motion for Contempt to be heard on 1/12 in New Hanover County. I can prove this by emails, but will the Judge allow or permit the child to tesify, even though by doing this would further cause a rift between us, and would I have to question him on the stand (Pro Se)?

  2. According to the school records, he has missed 47 days of school (he is in the 11th grade at a private school). She has not told me this, I saw it on the school website yesterday for the first time. She will not respond with an answer. BTW, I have been paying half of the school as well and they have refused to disclose any info (I have subpoened the Principal to answer why he has violated the federal FERPA Act and refused to give me any info even though I have joint custody.)

2

There are no specific cases on point dealing only with alienation, my advice is to file a motion to modify custody and use the evidence you have to show your ex’s attitude has caused a substantial change in that the child has been alienated, and the fact that she is allowing him to miss a substantial amount of school. A child can testify in court, and you would have to question him on the stand.