In a Decision – h M.T.D. v. M.S. (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the Trial Court determination that Parental
Alienation did not occur and that one parent can make decisions for the
Child.
Plaintiff argued defendant engaged in parental alienation. Defendant moved for sole legal custody. Trial court found plaintiff's psychological expert's testimony was "stale" because she did not interview the parties or child and relied solely on records supplied by plaintiff's attorney. Guardian ad litem testified child was psychologically fragile and reacted fearfully to seeing plaintiff. Trial judge found plaintiff failed to prove parental alienation and gave defendant sole decision authority as to child's health education and welfare. The Appellate Division found trial judge properly drew his conclusions from the testimonial evidence, did not rely on non-testifying expert's opinion and plan for child was reasonable and supported by credible evidence in the record.