The purpose of this page is to provide the visitor with an overview of important PAS case law. The citations are in Blue Book format and are followed by a short explanation of the case.
Need for Proof in PAS Cases
Coursey v. Super. Ct., 194 Cal. App. 3d 147; 239 Cal. Rptr. 365 (Cal. Ct. App. 1987).
Alienated fourteen-year-old daughter refused to visit her father pursuant to the terms of a stipulated order. The mother was found in contempt. On appeal, the court found that absent evidence of intent, it could not be inferred that failure of visitation was willful on mother's part.
Constitutional Rights and PAS
Schutz v. Schutz, 581 So. 2d 1290 (Fla. 1991).
Alientor mother appealed order to do everything in her power to create in the minds of her children a loving, caring feeling towards their father, claiming a violation of her First Amendment rights. Court found any burden on those rights to be merely incidental.
Best Interests of the Child and PAS
In re Violetta B., 210 Ill. App. 3d 521,524; 568 N.E.2d 1345 (Ill. App. Ct. 1991).
Court reversed decision to transfer custody of four-year-old from foster mother to paternal grandmother based on psychologist's expert testimony that a transfer of custody would cause irreparable trauma. Court concluded that best interest of the child should control the decision. (Continued)
