NEW YORK ALIENATION ACT (PROTECTION OF PARENT AND CHILD RELATIONSHIP)

Written and submitted by Darren A. Wilkins

To establish penalties and custody reversals for willful parental interference with court-ordered visitation; to affirm the constitutional rights of both parents; and to protect the best interest of the child through equal and meaningful parental involvement.

Section 1. Short Title.

This Act shall be known and may be cited as the “New York Alienation Act (Protection of Parent and Child Relationship).”

Section 2. Legislative Findings and Purpose.

(a) Children have an inherent right to maintain strong, continuous relationships with both parents, except where abuse or danger is proven.
(b) The Legislature finds that deliberate interference with lawful visitation—commonly known as parental alienation—causes lasting psychological and emotional harm to children.
(c) It is the purpose of this Act to impose enforceable consequences for willful violations of visitation rights and to reaffirm that the best interest of the child is achieved through the active participation of both parents.
(d) Under the Fourteenth Amendment to the United States Constitution and Article I, § 6 of the New York State Constitution, parents have a fundamental liberty interest in the care, custody, and companionship of their children. No state or court shall infringe upon these rights without due process of law.

Section 3. Definitions.

• Parent with physical custody – a parent who has primary residential responsibility for the child under a lawful court order.

• Parent without physical custody – a parent entitled to visitation or parenting time under a lawful court order.

• Willful interference – any deliberate act, omission, or refusal by a parent to comply with a court-ordered visitation schedule, including refusal to produce the child, concealment, or repeated scheduling conflicts intended to obstruct access.

• Court-verified violation – a finding, supported by clear evidence, that a parent has intentionally violated a visitation order.

Section 4. Offense and Penalties.

(a) A parent found by a court to have willfully interfered with visitation is guilty of a Class E Felony under New York law.

(b) Upon such finding, the court shall impose:

• An automatic fine of $1,500 for each proven violation;

• Up to thirty (30) days of incarceration for a first offense, at the court’s discretion;

• Immediate suspension of child-support benefits for six (6) months, during which the parent without physical custody shall receive physical custody of the child; and

• A requirement that the offending parent pay temporary child support to the other parent during this period.

(c) A second offense within three (3) years shall result in a mandatory minimum fine of $3,000, custody transfer for one (1) year, and incarceration of up to ninety (90) days.

(d) Three or more violations constitute an aggravated offense, carrying a fine not less than $5,000, incarceration of up to one (1) year, and permanent review of custody rights by the Family Court.

(e) These penalties are intended to deter repeat offenders who knowingly exploit leniency in the Family Court system, causing lasting emotional and psychological harm to children through repeated alienation.

Section 5. Judicial Enforcement and Compliance.

(a) Upon verified proof of willful interference, the Family Court shall immediately enforce the penalties of this Act.
(b) Family Court Judges shall have no discretion to delay, stay, or modify these mandatory penalties once proof is presented.
(c) Failure by any judicial officer to enforce this Act constitutes neglect of judicial duty and shall be referred to the New York State Commission on Judicial Conduct for review.
(d) All related appeals shall be expedited under a “best interest of the child” standard, with priority docket status.

Section 6. Limitations and Exceptions.

(a) This Act does not apply where visitation is suspended by court order for documented abuse, neglect, or imminent harm.
(b) A temporary emergency action by a parent to protect a child from danger shall not constitute a violation if written notice is filed with the court within forty-eight (48) hours.

Section 7. Severability.

If any part of this Act is declared invalid or unconstitutional, the remainder shall remain in full force and effect.

Section 8. Effective Date.

This Act takes effect immediately upon enactment