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Parental Alienation from a Legal Perspective | Visitation Schedule, the Main Cause? Attorney Adelina Ralea: "It's Just a Framework Where the Scenario Unfolds" / PHOTO: freepik.com @The Yuri Arcurs Collection

"Parental alienation has been present since the dawn of time in situations where couples break up, unfortunately", said Adelina Ralea on Părinți Prezenți, a show by ParintisiPitici.ro.

The attorney brought up Law 698, recently enacted, which complements Law 272 from 2004 regarding children's rights.

"However, the law, in the form it was adopted, with Law 698 recently promulgated, comes as a supplement to Law 272 from 2004, which talks to us about children's rights.

The law gives us a very clear definition, a framework for defining parental alienation. We have several parameters to follow, like in a kind of legal mathematics", says Adelina Ralea.

Analysis of the child's attitude and the other parent's behavior

The first step in this analysis is evaluating the child's attitude. It is important to observe whether the child shows hostility or reluctance towards one of the parents.

"First of all, we look at the child's attitude. We analyze whether the child exhibits hostility or reluctance towards one of the parents", explained Adelina Ralea.

Next, the behavior of the other parent is analyzed to determine if the child's reaction is disproportionate or unjustified compared to the parent's behavior.

"We then look at the other parent's attitude and analyze whether the child's reaction is disproportionate or even unjustified about the parent's behavior. If the child's behavior is not proportional to that of the parent, then we are not witnessing a situation of parental alienation. If the child's reaction is a natural one, then yes, we can talk about parental alienation", the attorney added.

Attorney Ralea: "The Visitation Schedule is Just a Background, a Framework for the Parental Alienation Scenario"

When asked about the causes of parental alienation and its connection to the visitation schedule, Ralea explained: "I would tend to say that this visitation schedule is just a background, a framework where the scenario of parental alienation unfolds."

The attorney emphasized that the visitation schedule is established by a court order and that there are various legal means to contest or adjust it if one of the parents is dissatisfied.

"The visitation schedule is established by a court order, and we have other means if we are dissatisfied with the visitation schedule. For example, if we are in a situation where a parent is dissatisfied, we can contest the court order within the legal timeframe, of course, using the legal means available to us.

We can address the court with a new lawsuit to adjust the schedule. So, we have means before reaching the point of alienation", explained Adelina Ralea.

Adelina Ralea: "Parents Just Cling to the Pretext of the Visitation Schedule"

Attorney Adelina Ralea discussed the difficulties related to adhering to the visitation schedule and the causes of parental alienation.

"If we are in the situation of the other parent who finds that the schedule is not being followed, even though they are satisfied with the established schedule, and the schedule is not being implemented, we have the option of enforcement", the attorney further explained.

The expert detailed the legal enforcement process, noting that the bailiff sends an order approving the enforcement and a summons to the parent who is not complying with the schedule.

"The bailiff sends an order approving the enforcement, a summons to the parent at fault, and if they do not comply and continue to disregard the schedule, we move on to actual enforcement.

So, the schedule is just a framework established by a court order that can be modified or enforced", Adelina Ralea further explained.

The attorney highlighted that the causes of parental alienation run deeper than just the non-compliance with the visitation schedule.

"The causes of alienation are more social, psychological, rooted in misunderstandings between parents, unresolved issues, and parents just cling to the pretext of the visitation schedule, in my opinion", concluded the expert.

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