Litigating Parental Alienation with Ashish Joshi – Ep17

In episode 17 of "Cases & Cocktails," hosts Bryan and Janice Eggleston welcome Ashish Joshi, a nationally recognized attorney specializing in family violence, high-conflict custody cases, and parental alienation litigation. As a returning guest and author of "Litigating Parental Alienation", Ashish shares invaluable insights on how courts handle alienation cases, the role of legal professionals, and effective litigation strategies.

With Parental Alienation Awareness Month approaching in April, this episode sets the stage for a deeper dive into identifying and addressing alienation in family law cases.

Understanding Parental Alienation in Court

Ashish emphasizes that while parental alienation is a real and damaging phenomenon, courts are often reluctant to engage in debates over whether it is a recognized scientific theory. Instead, he urges attorneys to focus on specific alienating behaviors, such as:
 ✔️ Interfering with parenting time
 ✔️ Bad-mouthing the other parent in front of the child
 ✔️ Sharing inappropriate or adult information about the case with the child

By shifting the focus from labels to behaviors, attorneys can present stronger arguments that courts are more likely to consider.

Why Early Legal Intervention Matters

One of the biggest mistakes lawyers make, according to Ashish, is waiting too long to take legal action. He explains that:
 📌 Delaying intervention allows alienating behaviors to escalate.
 📌 Rushed out-of-court settlements often fail, leading to repeated litigation.
 📌 Judges need clear, well-presented evidence early on to make informed decisions.

Litigants should act quickly and strategically to protect parent-child relationships before alienation becomes severe and irreversible.

How to Present a Strong Case for Alienation

Bryan and Ashish discuss the importance of gathering, organizing, and presenting evidence effectively. Some key strategies include:

🔹 Avoid Overusing the Term "Parental Alienation" – Instead, describe the specific actions and behaviors affecting the parent-child relationship.
 🔹 Introduce Expert Testimony Wisely – While expert evaluations can support a case, judges don’t always need a psychologist to confirm alienation if the behaviors are clear.
 🔹 Use a Family Systems Approach – Courts respond better to solutions that involve all family members rather than a one-sided intervention.

The Role of Legal & Mental Health Professionals

Sandra Aguilar, a licensed professional counselor, joins the discussion to highlight the critical role of parenting coaches and reunification therapists. These professionals:
 ✔️ Help rejected parents improve their parenting and communication skills.
 ✔️ Assist in repairing damaged relationships through structured interventions.
 ✔️ Offer testimony that provides judges with a clear path forward.

Ashish warns that courts often rely too heavily on temporary measures like suspending parental access without due process, which can create a "new normal" and further entrench alienation.

Final Thoughts

Parental alienation cases are among the most challenging and emotionally charged in family law. However, with early intervention, a focus on behaviors rather than labels, and strong legal strategies, parents can successfully navigate litigation and protect their relationships with their children.

📅 Stay tuned for more episodes focusing on parental alienation throughout April!

📅 Need legal guidance? The Eggleston Law Firm specializes in high-conflict custody cases. Contact us today for expert representation.