Child Custody: The Serious Issue that is Parental Gatekeeping

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Family skating

Posted By: The Three Trials March 9, 2015

“Parental gatekeeping” is a phrase that, for most people, something you won’t hear on a daily basis. For some divorced couples, however, this is a reality that they face regularly. It’s harsh, considering that this act could seriously damage the relationship between a parent and a child.

Family skatingThe Nature of Parental Gatekeeping

But what is parental gatekeeping? Law firms with a focus on family law like Quinn Takarada, P.C. explain that the nature of gatekeeping isn’t always bad. It’s perfectly fine for parents to establish boundaries for their children, especially in cases of abuse and neglect.

The problem, however, is that there are times when the custodial parent’s actions become restrictive. When this happens, it strains the connection between the child and the other parent. If this happens often and if the custodial parent badmouths the other, the damage could be beyond repair.

A parent who suddenly strays from what the custody and visitation agreement specifies could be guilty of restrictive gatekeeping. The case becomes tougher if the other parent proves that the acts were done on purpose.

What the Law Says

So is there a law that protects non-custodial parents from experiencing this? The whole deal with restrictive parental gatekeeping remains a gray area in the legal field. The concept still has an undefined nature, if we will look at it from a purely technical perspective.

Judges, however, do take into account the circumstances present in every case. As with any legal proceeding, the precedents and the pieces of evidence that both sides supply become the basis of the decision on whether or not the gatekeeping is unreasonable. In every decision involving the custody and welfare of the children, courts always side with what they think suits the best interests of the young ones.

As parental gatekeeping is quite a touchy matter, it is important for affected parents to obtain legal counsel from an experienced family lawyer. Only then can the complaining parent be sure that they are taking the right steps in addressing this issue.