Michigan family courts are allowing parental alienation to destroy children’s relationships with a fit parent — and kids are paying the price. We need a clear law that defines alienating behaviors and gives judges real tools to stop it while still protecting children from actual abuse.

We urge the Michigan Legislature to immediately introduce and pass the following bill:

A bill to amend 1970 PA 91, entitled "Child Custody Act of 1970," by amending section 3 (MCL 722.23), and by adding sections 2a and 3a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2a. As used in this act, "parental alienating behaviors" means a documented pattern of conduct by one parent that is intended to, or has the effect of, damaging or destroying the child's relationship with the other parent. This includes, but is not limited to, any of the following: (a) Badmouthing, denigrating, or making false statements about the other parent to the child. (b) Limiting, interfering with, or obstructing the child's contact, communication, or relationship with the other parent without reasonable justification. (c) Making or encouraging false allegations of abuse, neglect, or domestic violence against the other parent. (d) Undermining the other parent's authority, role, or involvement in the child's life. (e) Other behaviors that cause the child to fear, reject, or show unwarranted hostility toward the other parent.

This term does not include reasonable actions taken by a parent to protect the child or themselves from abuse, neglect, or domestic violence.

Sec. 3. … (j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent … including the absence or presence of parental alienating behaviors as defined in section 2a. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child's other parent.

NEW SECTION. Sec. 3a. (1) If the court finds by clear and convincing evidence that a parent has engaged in parental alienating behaviors, there is a rebuttable presumption that it is not in the best interests of the child to award that parent primary physical custody or unsupervised parenting time until the behaviors are addressed through court-ordered intervention. (2) The court may order counseling, parenting education, or other therapeutic measures designed to restore the parent-child relationship and may award reasonable attorney fees and costs to the targeted parent. (3) This section shall be construed in a manner consistent with the safety and welfare of the child and does not limit the court's ability to consider evidence of domestic violence or child abuse under section 3(k).