Gardner proposed his theory of PAS a time when ideas and laws changed surrounding the treatment of custody. Courts, once accustomed to relying on the tender-years presumption, now struggled to find balance in deciding who the “better” parent would be. Trying to find balance between the overarching best-interest of the child standard and still maintain parental right, courts grappled with finding a solution that fits the problem. Enter stage left: Richard Gardner, who proposed the idea of PAS.
