Post date: Jul 30, 2011 7:35:23 PM
C.J.L. v. M.W.B., 2003 Ala. Civ. App. LEXIS 100 ( Ala. Civ. App., February 28, 2003)
After the trial court modified custody, awarding the father sole physical custody of the parties' three children. The mother appealed arguing that the trial court erred by admitting and relying on the testimony of Dr. Kirkland who based his recommendation on his diagnosis of parental alienation syndrome ("PAS"). Although the Alabama Court of Appeals ended up affirming the lower court's ruling, they stated: "Although we might, if faced squarely with the question whether evidence concerning an actual diagnosis of PAS was admissible under Frye's "general acceptance" test, be inclined to agree with the mother and find that PAS had not been generally accepted in the scientific community, we do not need to make that decision in this case."