In this case, the attorney for of the 13-year-old and 11-year-old children argued that the children's refusal to see their mother was cause to terminate visitation. The Family Court rejected this argument. The higher court cited the father's parental alienation in upholding the lower court's ruling.

For an analysis of the hazards of relying on children's stated wishes in custody disputes, see my peer-reviewed article, Payoffs and Pitfalls of Listening to Children and my lecture on the DVD, Benefits and Hazards of Involving Children in Custody Decisions.