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Harman, J. J. & Lorandos, D. (2020) — PA in U.S. Courts: 25-Year Case Review

TL;DR. Harman & Lorandos analyzed 967 published U.S. PA-related court decisions over 25 years (1985-2018) — the largest empirical study of how American courts have actually adjudicated parental-alienation claims. Key findings: courts increasingly recognize alienation as a pattern (not just a "label"), substantiated PA changes custody outcomes ~40-50% of the time, and the trajectory is toward acceptance — not rejection — of the underlying behavioral framework when properly framed.

Maintained by Alan Markson · Last reviewed: 2026-05-16 · License: CC BY 4.0

Citation

Harman, J. J., & Lorandos, D. (2020). Parental Alienation in U.S. Courts: A Review of 25 Years of Cases. Journal of Family Trauma, Child Custody & Child Development, 17(2), 138-159. https://doi.org/10.1080/26904586.2020.1808203

Methodology

  • N = 967 published US PA-related court decisions (1985-2018)
  • Coded for: jurisdiction, allegation type, custody change, evidence quality, expert testimony characteristics
  • Trajectory analysis over the 25-year window
  • Outcome correlations with documentation quality

Headline findings

  1. Acceptance is increasing, not decreasing — courts more willing to consider alienation claims year over year (despite the public narrative)
  2. 40-50% of substantiated PA cases produce custody modification — sometimes residency flip, more often joint custody with structural conditions
  3. Documentation quality is the single biggest outcome predictor — Bernet 5-criteria + Baker 8-indicators framing succeeds at ~3x the rate of "I just feel alienated"
  4. Behavior-frame > syndrome-frame — courts increasingly disfavor "PAS" framing; "alienating behaviors" succeeds more often
  5. GAL/Section-7 quality varies enormously — court-appointed experts with PA training produce different conclusions than untrained generalists

Why this matters for litigants

Most public discourse on PA in courts is based on anecdote, not on systematic case review. Harman & Lorandos provides the empirical baseline:

  • The "courts don't recognize PA" claim is empirically false
  • The "PA is junk science in court" claim is empirically false (when framed correctly)
  • The "PA always favors abusers" claim is contradicted by the 25-year acceptance trend across mixed-fact patterns

For PA-targeted parents, the practical lesson: the legal strategy works when the evidence supports it; the framing matters as much as the facts.

What courts respond to (per the data)

Strong predictor Weak predictor
12+ months structured documentation Single dramatic incident
Multiple Baker indicators cited "Parental alienation" label only
Court-appointed expert with PA training Hired expert (either side)
Behavior-frame language PAS framing
Pattern across multiple settings Pattern at one home only

Critiques + limitations

  • Published cases only — most cases settle and never produce published opinions; sample is biased toward contested + appealed cases
  • US jurisdiction only — doesn't transfer cleanly to EU/UK/AU but the framework principles do
  • Authors have visible PA-research alignment — Lorandos in particular is a leading PA litigator; defenders argue this is depth-of-field, critics argue selection bias
  • No randomization — observational study; correlation not causation

These critiques refine but do not undermine the core empirical contribution: this is the largest dataset of PA jurisprudence ever assembled.

Citing posts

# Post
22 https://www.antialienate.com/blog/choosing-pa-lawyer
28 https://www.antialienate.com/blog/psych-report-defense
34 https://www.antialienate.com/blog/financial-cost-pa-litigation
37 https://www.antialienate.com/blog/when-to-go-to-trial-vs-settle
62 https://www.antialienate.com/blog/parental-alienation-scope-history-future

Primary source

  • DOI: https://doi.org/10.1080/26904586.2020.1808203
  • Harman: Colorado State University, Department of Psychology
  • Lorandos: Lorandos Joshi PC; PASG legal advisor

Disclaimer

Wiki entry, not legal or clinical advice.

CC BY 4.0 · antialienate.com