Two distinct legal concepts use the word "alienation" in family law — alienation of affection as a tort claim, and parental alienation as a custody issue. Understanding how each is treated under California law clarifies what remedies are available.
Alienation of Affection in California
Alienation of affection California law does not recognize as a civil tort. Alienation of affection in California is not an available cause of action. Alienation in law historically allowed a spouse to sue a third party for "stealing" a partner's affections — but California abolished this claim. A California spouse cannot sue their partner's affair partner for alienation of affection regardless of the circumstances.
Alienation of a Parent — Parental Alienation in Custody
Alienation of a parent — parental alienation — is an entirely different and very real issue in California custody proceedings. Alienation of parent occurs when one parent systematically undermines the child's relationship with the other parent. Alienation of parental rights through this conduct is taken seriously by California courts under the best interests standard.
California courts have authority to modify custody when one parent engages in conduct that damages the child's relationship with the other parent. In serious cases, courts have transferred primary custody to the alienated parent. Evidence of alienation of a parent includes: documented interference with custody time; children repeating the other parent's negative language; refusal to allow visitation; and 730 evaluation findings identifying alienating behavior.
Furubotten Law, APC handles parental alienation and custody cases throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.