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Student Project: Parental Alienation Syndrome: History

This guide addresses the advent and prominence of Parental Alienation, as it exists in New York Family Law matters.

The Evolution of PAS

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.