"Gaslighting" Isn't "Abuse" for Child Custody Law Purposes
An Oregon appellate court ruled that 'gaslighting' by a parent, while concerning, does not constitute 'abuse' under state child custody laws unless it meets the statutory definition involving physical harm or threats. The trial court had considered the mother's inconsistent statements and alleged manipulation as abusive behavior warranting a custody change, but the appellate court reversed the decision. The higher court emphasized that custody determinations must rely on legally defined abuse, which in Oregon requires evidence of bodily injury, threats of imminent harm, or forced sexual relations.
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Free Speech "Gaslighting" Isn't "Abuse" for Child Custody Law Purposes So holds an Oregon appellate court. Eugene Volokh | 5.1.2026 3:14 PM From Oregon Court of Appeals Judge Ramón Pagán, joined by Judges Robyn Aoyagi and Jacqueline Kamins, Wednesday in Estens v. Wells: [In a child custody hearing, w]itnesses testified to an incident in which mother took the child on vacation to Hawaii and claimed to father that she had been bumped from her flight, requiring her to return the child late. Mother's boyfriend testified that she had not been bumped from the flight. Mother was also found to be evasive about details of the child's medical care. She denied, but then later admitted, that she had cancelled or skipped medical appointments.
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