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Older Brother Seeks Custody of Younger Brothers Amidst Parents? Custody Battle Which Escalates into Court-Ordered Treatment for Parental Alienation, Months of Foster Care and Court?s No Contact Order with Older Brother and Father, All Against Psychiatrist?s Recommendation

By Janet Langjahr

Canadian Husband and Wife separate and later divorce.

Wife gets custody of their three Boys, who are all close with each other.

About 10 years after Husband and Wife’s separation, Boys choose to move in with Husband. Boys are about 10, 12 and 17 years old at that time.

Boys allege that Wife is physically and verbally abusive toward them.

Wife insists Husband has alienated the Boys from her. For what it’s worth, a social worker agrees.

The oldest boy reaches 18 years of age.

The trial court orders the two younger boys into treatment for parental alienation.

The boys reportedly resist the “treatment”. Sometimes referred to as “deprogramming”.

The two younger boys are placed in foster care.

Psychiatrist concludes the boys have no psychiatric disorder, recommends suspending treatment for alienation, and recommends resuming contact between the younger boys, their older brother and Husband.

Court disregards psychiatrist’s professional opinion, orders that younger boys continue treatment for alienation and continues to bar contact with older brother and Husband.

Five months later, the two younger boys remain in foster care.

With case in limbo and contact between brothers still prohibited, older brother decides to seek custody of his younger brothers.

The court holds that the older brother has standing.

Predictably, Wife appeals.

Read more in this Toronto Star article: Custody battle ‘beyond tragic’.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on May 18, 2009 (boomark / email).