The American Bar association describes Arhish Joshi’s new book as ‘an essential resource for the family lawyer.” The Ann Arbor attorney says the book provides an overview of the concept of parental alienation and explains how to correctly handle it in court.
By Brian Cox
Legal News
After two years of writing and more than a decade spent becoming an expert in litigating parental alienation cases, Ann Arbor attorney Ashish Joshi’s book on the complex subject was published last month by the American Bar Association.
“Litigating Parental Alienation: Evaluating and Presenting an Effective Case in Court” is a practitioner’s manual that provides an overview of the concept of parental alienation and explains how to correctly handle it in court. The ABA describes the book as an “essential resource for the family lawyer.”
“It’s an interesting book,” Joshi said. “I was able to synthesize my experience in trying parental alienation cases all over the country.” Most often seen in divorce cases, parental alienation occurs when one parent uses strategies — sometimes referred to as brainwashing, alienating, or programming — to distance a child from the other parent.
“Litigating Parental Alienation” provides an in-depth examination of evaluating a case of parental alienation and practical guidance for handling a case in court.
An overwhelming number of American family courts have acknowledged that parental alienation exists, according to the ABA, although there is significant variance in how the courts have defined it and how they deal with it.
As these cases involve not just family law practitioners, Joshi’s book offers science, case law, and practice pointers for Guardians ad Litem, family court judges, referees, minors’ counsel, and custody evaluators.
“This book provides practical tips for family law attorneys, from investigating allegations of parental alienation and domestic violence to admitting expert testimony to aid the court in its fact-finding,” Michigan Supreme Court Chief Justice Bridget Mary McCormack wrote in a foreword for the book. “Still, the main focus is the law, examining the contexts in which this issue comes up, how courts address the subject across the states and worldwide, the role of a Guardian ad Litem, and the legal interventions available to courts.
“It is a resource that will make practitioners and court professionals better.”
Joshi, who earned his law degree from Sir L. A. Shah Law College in India and later a Master of Laws degree from the University of Michigan Law School, is the owner and managing partner of Joshi Attorneys + Counselors.
While this is the first book Joshi has penned under a single byline, he has co-authored several books and published numerous articles on topics ranging from parental alienation to criminal defense, commercial litigation, international litigation and trial practice.
He is the former editor-in-chief and currently, a senior editor for “Litigation,” the journal of the American Bar Association’s Section of Litigation, and sits on the Advisory Board for “Champion,” the journal published by the National Association of Criminal Defense Lawyers.
Joshi described writing the book as a “labor of love.”
The first chapter provides both a brief history and overview of the controversies surrounding the phenomenon of parental alienation, providing a starting point for a fundamental understanding of the concept.
Joshi distills his experience of litigating parental alienation cases before family courts all over America and internationally.
He discusses not just the concepts but also offers “hands on” practice pointers with supporting case law in presenting cases of parental alienation in family courts.
The book also discusses the criteria for the admissibility of expert testimony on parental alienation, how to present the expert evidence as well as a state map of admissibility standards.
At the same time, Joshi debunks the commonly-held myths and fallacies that compromise judicial outcomes in parental alienation cases.
The book is available at the ABA website at www.americanbar.org/products/inv/book/409061453.
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