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Parental Alienation: A Primer for Criminal Defense Attorneys

This program offers a comprehensive and evidence-based introduction to parental alienation, a critical yet often misunderstood factor in custody-related criminal defense and family law cases. Drawing on decades of peer-reviewed research, court rulings, and psychological literature, the presentation defines the core elements of parental alienation, including how it differs from legitimate protective gatekeeping and how to identify key behaviors from both the alienating parent and the affected child. The program also explains how courts across jurisdictions—including Michigan, New York, and Tennessee—define and address parental alienation in custody determinations.

 

Criminal defense lawyers will gain practical tools for evaluating parental alienation claims, including a breakdown of the 17 alienating behaviors and 8 symptoms typically found in alienated children. The program also explores the impact of misinformation and disinformation in court, offering strategies for challenging flawed expert testimony and combating pseudoscientific critiques. By dispelling myths—such as the notion that parental alienation automatically discounts abuse allegations—the presentation helps lawyers build well-supported arguments grounded in established science and case law.

 

Attorneys will also learn how to distinguish between facilitative and restrictive gatekeeping, understand how parental alienation interacts with allegations of abuse, and navigate complex emotional and psychological dynamics that may influence a child’s rejection of a parent. For defense lawyers facing high-conflict custody issues, claims of abuse, or allegations of manipulation in criminal or civil proceedings, this presentation delivers a clear roadmap for assessing evidence, presenting expert witnesses, and advocating effectively in court.

Ashish Joshi

Ashish Joshi is the owner and managing partner of Joshi: Attorneys + Counselors. He serves as an attorney or guardian ad litem in complex cases involving child abuse, intimate partner violence, parental alienation, child psychological maltreatment, and international child abduction. 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, 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 NACDL's journal, Champion. He is a contributing author to Parental Alienation: Science and Law (Charles C. Thomas, 2020) and author of Litigating Parental Alienation: Evaluating and Presenting an Effective Case in Court (ABA, 2021). Mr. Joshi is a life member of NACDL.

CLE State Accreditation
  • General 1.00
  • General CLE-HI: 1.00
  • General CLE-SD: 1.00
  • General CLE-NY: 1.20
  • General CLE-CA: 1.00
  • General CLE-IL: 1.00
  • General CLE-AK: 1.00
  • General CLE-MD: 1.00
  • General CLE-MA: 1.00
  • General CLE-DC: 1.00
  • General CLE-ND: 1.00
  • General CLE-OR: 1.00
  • General CLE-WA: 1.00
  • General CLE-CT: 1.00
  • General CLE-NH: 1.00
  • General CLE-FL: 1.20
  • General CLE-VI: 1.00
  • General CLE-AZ: 1.00
CLE State Accreditation:
  • General 1.00
  • General CLE-HI: 1.00
  • General CLE-SD: 1.00
  • General CLE-NY: 1.20
  • General CLE-CA: 1.00
  • General CLE-IL: 1.00
  • General CLE-AK: 1.00
  • General CLE-MD: 1.00
  • General CLE-MA: 1.00
  • General CLE-DC: 1.00
  • General CLE-ND: 1.00
  • General CLE-OR: 1.00
  • General CLE-WA: 1.00
  • General CLE-CT: 1.00
  • General CLE-NH: 1.00
  • General CLE-FL: 1.20
  • General CLE-VI: 1.00
  • General CLE-AZ: 1.00