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{{Short description|Theory of the psychological manipulation of a child}} | |||
'''Parental alienation''' is a social dynamic, generally occurring due to ] or ], when a child expresses unjustified hatred or unreasonably strong dislike of one parent, making access by the rejected parent difficult or impossible.<ref>Warshak, R. A. (2003). ''Family Law Quarterly, 37'', 273-301. </ref> These feelings may be influenced by negative comments by the other parent and by the characteristics, such as lack of empathy and warmth, of the rejected parent.<ref>Warshak, R. A. (2010). . New York: Harper Collins.</ref> The term does not apply in cases of actual ], when the child rejects the abusing parent to protect themselves.<ref>Warshak, R. A. (2002). ''American Journal of Forensic Psychology, 20'', 31-52.</ref> Parental alienation is controversial in legal and mental health professions, both generally and in specific situations.<ref> Warshak, R. A. (2001). Current Controversies Regarding Parental Alienation Syndrome. ''American Journal of Forensic Psychology, 19'', 29-59.</ref><ref name = Bala2007>{{cite journal | last = Bala | first = N | coauthors = Fidler B; Goldberg D; Houston C | year = 2007 | journal = Queens Law Journal | volume = 33 | title = Alienated Children and Parental Separation: Legal Responses from Canada's Family Courts | pages = 79–138 | url = http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/queen33&div=7&id=&page=}}</ref> Terms related to parental alienation include child alienation, pathological alignments, visitation refusal, brainwashing, pathological alienation,<ref>Warshak, R. A. (2003). Bringing Sense to Parental Alienation: A Look at the Disputes and the Evidence. ''Family Law Quarterly, 37'', 273-301.</ref> the toxic parent and ]<ref name = Bernet2008/> though the last term is a specific formulation of a medical ] proposed by psychiatrist ] that is not well accepted.<ref name = Bow2009/> | |||
'''Parental alienation''' is a theorized process through which a child becomes ] from one parent as the result of the psychological manipulation of another parent.<ref name=jaffe>{{cite journal |last1=Jaffe |first1=Alan M. |last2=Thakkar |first2=Melanie J. |last3=Piron |first3=Pascale |last4=Walla |first4=Peter |title=Denial of ambivalence as a hallmark of parental alienation |journal=Cogent Psychology |date=11 May 2017 |volume=4 |issue=1 |doi=10.1080/23311908.2017.1327144|doi-access=free }}</ref><ref name="kruk">{{cite journal|last1=Kruk|first1=Edward|date=2018|title=Parental Alienation as a Form of Emotional Child Abuse: Current State of Knowledge and Future Directions for Research|url=https://childrightsngo.com/newdownload/downloadsection9/Parental%20Alienation%20as%20form%20of%20Emotional%20Abuse%20Family%20Science%20Review%202018%20Edward%20Kruk.pdf|journal=Family Science Review|volume=22|issue=4|page=142|doi=10.26536/EVMS9266 |s2cid=249248153 |access-date=24 October 2019}}</ref> The child's estrangement may manifest itself as fear, disrespect or hostility toward the distant parent, and may extend to additional relatives or parties.<ref name=":0">{{cite book|last1=Lorandos|first1=Demosthenes, Ph.D., J.D.|title=Parental Alienation: The Handbook for Mental Health and Legal Professionals|last2=Baker|first2=Amy, Ph.D|last3=Campbell|first3=Terence, Ph.D.|last4=Freeman|first4=Bradley, M.D.|last5=Lowrance|first5=Hon. Michele, J.D.|publisher=Charles C. Thomas, Publisher, LTD|year=2013|isbn=978-0-398-08881-1|editor1-last=Slovenko|editor1-first=Ralph, B.E., LL.B., M.A., Ph.D.|location=Springfield, Il|language=en-us|lccn=2013011346|editor2-last=Bernet|editor2-first=William, M.D.|editor3-last=Sauber|editor3-first=S. Richard|display-editors=2}}</ref><ref name="doughty">{{cite web |last1=Doughty |first1=Julie |last2=Maxwell |first2=Nina |last3=Slater |first3=Tom |title=Review of research and case law on parental alienation |url=http://orca.cf.ac.uk/112511/1/review-of-research-and-case-law-on-parental-alienation.pdf |website=ORCA - Online Research at Cardiff University |publisher=Cascade Children's Social Care Research and Development Center |access-date=24 October 2019 |page=21 |date=April 2018}}</ref> The child's estrangement is disproportionate to any acts or conduct attributable to the alienated parent.<ref name="ellis">{{cite journal |last1=Ellis |first1=Elizabeth M. |last2=Boyan |first2=Susan |title=Intervention Strategies for Parent Coordinators in Parental Alienation Cases |journal=The American Journal of Family Therapy |date=30 April 2010 |volume=38 |issue=3 |pages=218–236 |doi=10.1080/01926181003757074|s2cid=146593914 }}</ref> Parental alienation can occur in any family unit, but is claimed to occur most often within the context of family separation, particularly when legal proceedings are involved,<ref name="jharman2">{{cite journal |last1=Harman |first1=Jennifer J. |last2=Leder-Elder |first2=Sadie |last3=Biringen |first3=Zeynep |title=Prevalence of parental alienation drawn from a representative poll |journal=Children and Youth Services Review |date=July 2016 |volume=66 |pages=62–66 |doi=10.1016/j.childyouth.2016.04.021}}</ref> although the participation of professionals such as lawyers, judges and psychologists may also contribute to conflict.<ref name="braver">{{cite journal |last1=Braver |first1=Sanford L. |last2=Cookston |first2=Jeffrey T. |last3=Cohen |first3=Bruce R. |title=Experiences of Family Law Attorneys With Current Issues in Divorce Practice* |journal=Family Relations |date=October 2002 |volume=51 |issue=4 |pages=325–334 |doi=10.1111/j.1741-3729.2002.00325.x}}</ref> | |||
Proponents of the concept of parental alienation assert that it is primarily motivated by one parent's desire to exclude the other parent from their child's life.<ref name=lowenstein>{{cite journal |last1=Lowenstein |first1=Ludwig F. |title=Attachment Theory and Parental Alienation |journal=Journal of Divorce & Remarriage |date=7 April 2010 |volume=51 |issue=3 |pages=157–168 |doi=10.1080/10502551003597808|s2cid=143674769 }}</ref> Some assert that parental alienation should be diagnosable in children as a ].<ref name=bernet>{{cite journal|last1=Bernet|first1=William|last2=Baker|first2=Amy J. L.|date=2013|title=Parental Alienation, DSM-V, and ICD-11: Response to Critics|url=http://jaapl.org/content/41/1/98|journal=The Journal of the American Academy of Psychiatry and the Law|volume=41|issue=1|pages=98–104|pmid=23503183|access-date=24 October 2019}}</ref> Some propose that parental alienation be recognized as a form of ] or ].<ref name=kruk /><ref name="jharman">{{cite journal |last1=Harman |first1=Jennifer J. |last2=Kruk |first2=Edward |last3=Hines |first3=Denise A. |title=Parental alienating behaviors: An unacknowledged form of family violence. |journal=Psychological Bulletin |date=December 2018 |volume=144 |issue=12 |pages=1275–1299 |doi=10.1037/bul0000175 |pmid=30475019|s2cid=53726361 }}</ref> They assert that parental alienation creates stress on the alienated parent and the child,<ref name="poustie">{{cite journal |last1=Poustie |first1=Clare |last2=Matthewson |first2=Mandy |last3=Balmer |first3=Sian |title=The Forgotten Parent: The Targeted Parent Perspective of Parental Alienation |journal=Journal of Family Issues |date=28 May 2018 |volume=39 |issue=12 |pages=3298–3323 |doi=10.1177/0192513X18777867|s2cid=149465952 }}</ref><ref name=marchetti /> and significantly increases the child's lifetime risk of mental illness.<ref name=bakerturn>{{cite journal |last1=Baker |first1=Amy J. L. |last2=Ben-Ami |first2=Naomi |title=To Turn a Child Against a Parent Is To Turn a Child Against Himself: The Direct and Indirect Effects of Exposure to Parental Alienation Strategies on Self-Esteem and Well-Being |journal=Journal of Divorce & Remarriage |date=October 2011 |volume=52 |issue=7 |pages=472–489 |doi=10.1080/10502556.2011.609424|s2cid=144536648 }}</ref><ref name=bakerrecall>{{cite journal |last1=Baker |first1=Amy J. L. |title=Adult Recall of Parental Alienation in a Community Sample: Prevalence and Associations With Psychological Maltreatment |journal=Journal of Divorce & Remarriage |date=31 December 2009 |volume=51 |issue=1 |pages=16–35 |doi=10.1080/10502550903423206|s2cid=144538129 }}</ref><ref name=benami>{{cite journal |last1=Ben-Ami |first1=Naomi |last2=Baker |first2=Amy J. L. |title=The Long-Term Correlates of Childhood Exposure to Parental Alienation on Adult Self-Sufficiency and Well-Being |journal=The American Journal of Family Therapy |date=March 2012 |volume=40 |issue=2 |pages=169–183 |doi=10.1080/01926187.2011.601206|s2cid=146306354 }}</ref> | |||
==Overview== | |||
First described in 1976 as "pathological alignment", the dynamic refers to a situation in which a child unreasonably rejects a non-custodial parent.<ref name = Bow2009/> ] proposed ] in the 1980s based on his clinical experience with the children of divorcing parents. Since that time, other researchers have suggested focusing less on diagnosing a syndrome and more on what has been described as the "alienated child", and the dynamics of the situation that have contributed to the alienation.<ref name=Bala2007/><ref name=Jaffe2002>{{cite book |last=Jaffe |first=PG |coauthors=Lemon NKD; Poisson SE |title=Child Custody & Domestic Violence |publisher=] |year=2002 |pages= |isbn=978-0-7619-1826-4}}</ref> In this view, alienation is seen as a breakdown of ] between parent and child, and may be caused by multiple factors. The behaviors of all family members, including those of the alienated parent, may lead to the family dysfunction and rejection of a parent.<ref name= Ackerman2001>{{cite book |author=Ackerman MJ |title=Clinician's guide to child custody evaluations |publisher=] |location=New York |year=2001 |pages= |isbn=0-471-39260-X}}</ref><ref name=Waldron1996>{{cite journal |last=Waldron |first=KH |coauthors=Joanis DE |url= http://fact.on.ca/Info/pas/waldron.htm |title=Understanding and Collaboratively Treating Parental Alienation Syndrome |journal=American Journal of Family Law |volume=10 |pages= 121–133 |year=1996}}</ref> The evaluation of all contributing factors and all possible remedies are recommended in evaluating cases where children have estranged from a parent.<ref name=Bala2007/><ref name=Sparta2006>{{cite book |last=Sparta |first=SN |coauthors=Koocher GP |title=Forensic Mental Health Assessment of Children and Adolescents |publisher=] |year=2006 |pages=, |isbn=978-0-19-514584-7}}</ref> | |||
Parental alienation remains controversial both within the psychological community and the legal system. The psychological community has not accepted parental alienation as a diagnosable mental condition.<ref>{{Cite journal |last1=O’Donohue |first1=William |last2=Benuto |first2=Lorraine T. |last3=Bennett |first3=Natalie |date=2016-07-02 |title=Examining the validity of parental alienation syndrome |url=https://doi.org/10.1080/15379418.2016.1217758 |journal=Journal of Child Custody |volume=13 |issue=2–3 |pages=113–125 |doi=10.1080/15379418.2016.1217758 |s2cid=151811817 |issn=1537-9418}}</ref> Critics note that alienating behaviors are common in high-conflict family situations such as ] proceedings,<ref name=Bow2009>{{cite journal |last1=Bow |first1=James N. |last2=Gould |first2=Jonathan W. |last3=Flens |first3=James R. |title=Examining Parental Alienation in Child Custody Cases: A Survey of Mental Health and Legal Professionals |journal=The American Journal of Family Therapy |date=9 March 2009 |volume=37 |issue=2 |pages=127–145 |doi=10.1080/01926180801960658|s2cid=45543509 }}</ref> but that the estrangement of a child from a parent remains rare.<ref name="jkelly">{{cite journal |last1=Kelly |first1=Joan B. |last2=Johnston |first2=Janet R. |title=The Alienated Child: A Reformulation of Parental Alienation Syndrome |journal=Family Court Review |date=15 March 2005 |volume=39 |issue=3 |pages=249–266 |doi=10.1111/j.174-1617.2001.tb00609.x|s2cid=7922654 }}</ref> They assert that the research performed to date does not support the theory that parental alienation results in the harm described by proponents of the concept.<ref name=mercer>{{cite journal |last1=Mercer |first1=Jean |title=Are intensive parental alienation treatments effective and safe for children and adolescents? |journal=Journal of Child Custody |date=21 January 2019 |volume=16 |issue=1 |pages=67–113 |doi=10.1080/15379418.2018.1557578|s2cid=151210393 }}</ref> They also express concern that a parent who has caused a child to become estranged, for example through acts of ] or child abuse, may claim to be the victim of parental alienation to convince a court that the child's justified response to the abuse is the result of the other parent's misconduct and to potentially gain custody of the child.<ref name=silberg>{{cite journal| last1=Silberg| first1=J.| last2=Dallam| first2=S.| date=2019| title =Abusers Gaining Custody in Family Courts: A Case Series of Overturned Decisions| journal=Journal of Child Custody| volume= 16| issue=2|pages= 140–169| doi=10.1080/15379418.2019.1613204| s2cid=198616599}}</ref> No diagnostic criteria have been established for parental alienation, and proposals made to date have not been established as reliable.<ref name=mercer /><ref name=milchman>{{cite journal |last1=Simring Milchman |first1=Madelyn |title=How far has parental alienation research progressed toward achieving scientific validity? |journal=Journal of Child Custody |date=2 July 2019 |volume=16 |issue=2 |pages=115–139 |doi=10.1080/15379418.2019.1614511|s2cid=216134223 }}</ref> No program of treatment has been demonstrated to be safe or valid,<ref name="dallam">{{cite journal |last1=Dallam |first1=Stephanie |last2=Silberg |first2=Joyanna L. |title=Recommended treatments for "parental alienation syndrome" (PAS) may cause children foreseeable and lasting psychological harm |journal=Journal of Child Custody |date=11 October 2016 |volume=13 |issue=2–3 |pages=134–143 |doi=10.1080/15379418.2016.1219974|s2cid=152002771 }}</ref> and proponents of parental alienation theory agree that more research into treatment is necessary.<ref>{{cite journal |last1=Reay |first1=Kathleen M. |title=Family Reflections: A Promising Therapeutic Program Designed to Treat Severely Alienated Children and Their Family System |journal=The American Journal of Family Therapy |date=26 February 2015 |volume=43 |issue=2 |pages=197–207 |doi=10.1080/01926187.2015.1007769|s2cid=71174575 }}</ref> | |||
Parental alienation lacks a single definition and its existence, ], characteristics and in particular the description of the term as a ] has been subject to still-unresolved debate. Some formulations of the concept have emphasized the role of an alienating parent, termed variously the "programming" parent and "embittered-chaotic parent".<ref name = Bow2009/> | |||
More recent descriptions, influenced the research of Kelly and Johnston, have proposed a more complex analysis, in which all family members may play a role. This "systems-based" view acknowledges that a child may be alienated from one parent without "alienating" behaviour by the other parent.<ref name = Bala2007/><ref name = Bow2009/> Based on an empirical study, it also suggests that alienating behaviours by both parents is the norm in high-conflict divorces. Rejected parents, generally fathers, tend to lack warmth and empathy with the child, engage in rigid parenting and critical attitudes, and are passive, depressed, anxious and withdrawn - characteristics which may encourage rejection. The parent that the child aligns with - the aligned parent - may engage in alienating behaviours, by undermining the other parent: these behaviours may be conscious and deliberate or alternatively may reflect a lack of awareness on the effect of their actions on their children. Direct alienating behaviours occur when one parent actively undermines the other parent, such as making derogatory remarks about the other parent or telling the child that the other parent is responsible for the separation or the cause of financial difficulties. Indirect alienation behaviours occur when one parent fails to support access or contact with the other parent, or tacitly accepts the child's negative behaviour and comments towards the other parent.<ref name = Bala2007/><ref name = Bow2009/> | |||
The theory of parental alienation has been asserted within legal proceedings as a basis for awarding custody to a parent who alleges estrangement, or to modify custody in favor of that parent.<ref name=clemente>{{cite journal |last1=Clemente |first1=Miguel |last2=Padilla-Racero |first2=Dolores |title=When courts accept what science rejects: Custody issues concerning the alleged "parental alienation syndrome" |journal=Journal of Child Custody |date=11 October 2016 |volume=13 |issue=2–3 |pages=126–133 |doi=10.1080/15379418.2016.1219245|s2cid=151682513 }}</ref> Courts have generally rejected parental alienation as a valid ], but some courts have allowed the concept to be argued as relevant to the determination of the child's ] when making a custody determination.<ref>{{cite journal |last1=Nichols |first1=Allison M. |title=Toward a Child-Centered Approach to Evaluating Claims of Alienation in High-Conflict Custody Disputes |journal=University of Michigan Law Review |date=February 2014 |volume=112 |issue=4 |pages=663–688 |pmid=24446573 |url=https://repository.law.umich.edu/mlr/vol112/iss4/4/ |access-date=24 October 2019}}</ref> Legal professionals recognize that alienating behaviors are common in child custody cases, but are cautious about accepting the concept of parental alienation.<ref name=Bow2009 /> | |||
Actor ], along with his coauthor Mark Tabb, published a book in 2008 titled ''A Promise to Ourselves: A Journey Through Fatherhood and Divorce'', which chronicled Baldwin's seven-year battle to remain a part of his daughter's life, and his struggle against what he claimed was parental alientation.<ref name="Baldwin 2008"/><ref>{{cite news | url = http://mensnewsdaily.com/2009/01/02/alec-baldwin-a-promise-to-ourselves/ | title= Alec Baldwin: A Promise to Ourselves | first = Mike | last= LaSalle | publisher=MensNewsDaily.com | date = January 2, 2009 | archivedate= February 24, 2009 | archiveurl = http://web.archive.org/web/20090224013447/http://mensnewsdaily.com/2009/01/02/alec-baldwin-a-promise-to-ourselves/}}</ref> Baldwin contended that after their separation in December 2000, his former wife, ], endeavored to deny him access to his daughter by refusing to discuss parenting,<ref>Baldwin 2008. p25.</ref> blocking visitation,<ref>Baldwin 2008. pp 71, 117, 150–51, 153, 166, 169.</ref> not providing telephone access,<ref>Baldwin 2008. pp. 43, 71, 127, 153–54, 178, 180.</ref> not following court orders,<ref>Baldwin 2008. pp. 117, 155, 165, 175–77.</ref> not dropping their daughter off for reasons of convenience,<ref>Baldwin 2008</ref> and directly lobbying the child.<ref>Baldwin 2008. p. 66.</ref> | |||
==Characteristics== | |||
Most of the ]ed publications on the subject have been in the form of descriptions and definitions. Some ] has been done, though the quality of the studies vary widely and the research in the area is still underdeveloped.<ref>Hands, A. J. & Warshak, R. A. (2011). Parental Alienation Among College Students. ''The American Journal of Family Therapy, 39'', 431-443.</ref> Despite the concept being poorly-defined and conclusions premature, the beliefs of ]s, ]s and ] professionals have been cited extensively in peer reviewed literature.<ref name = Bow2009>{{cite journal | last = Bow | first = JN | coauthors = Gould JW; Flens JR | year = 2009 | title = Examining Parental Alienation in Child Custody Cases: A Survey of Mental Health and Legal Professionals | journal = The American Journal of Family Therapy | volume = 37 | issue = 2 | pages = 127–145 | doi = 10.1080/01926180801960658 }}</ref> | |||
Parental alienation describes the breakdown of the relationship between a child and one of the child's parents, when there is no valid justification for that breakdown. When parental alienation is found to exist between a parent and child, the alienation is attributed to inappropriate actions and behavior by the other parent.<ref name="mercer" /> | |||
Parental alienation falls within the spectrum of ], a term that describes when family members become alienated from each other without regard to cause. As estrangement may occur between a parent and child for other reasons, it is possible to discuss alienation in terms of a child's having a preferred and a nonpreferred parent without implying that a child's avoidance of one parent is due to parental alienation.<ref name="mercer"/> | |||
==Professional acceptance== | |||
A survey of mental health and legal professionals indicated that there is moderate support for the existence of parental alienation, but reluctance to accept the concept of parental alienation syndrome.<ref name = Bow2009/> William Bernet argued for the inclusion of ''parental alienation disorder'', a diagnosis related to parental alienation, in the fifth version of the ], which was released in 2013. ] | |||
His conception makes reference to parental alienation syndrome and a variety of other descriptions of behaviours he believes represent the underlying concept of parental alienation disorder.<ref name=Bernet2008>{{cite journal | last=Bernet | first=W| title= Parental Alienation Disorder and DSM-V | journal = The American Journal of Family Therapy | volume = 36 | issue = 5 | year = 2008 | pages = 349–366 | doi = 10.1080/01926180802405513 | url = }}</ref> Despite lobbying by proponents,<ref name="Rotstein2010">{{cite news|url=http://www.post-gazette.com/pg/10046/1036018-114.stm|title=Mental health professionals getting update on definitions|last=Rotstein|first=Gary|date=February 15, 2010 |work=Pittsburgh Post-Gazette |accessdate=2010-03-02 }}</ref> in December 2012, the proposal was rejected.<ref>{{cite web|title=American Psychiatric Association Board of Trustees Approves DSM-5-Diagnostic manual passes major milestone before May 2013 publication|url=http://dsmfacts.org/materials/american-psychiatric-association-board-of-trustees-approves-dsm-5/|publisher=American Psychiatric Association|date=1 December 2012}}</ref> | |||
The concept of parental alienation is normally raised only in contexts in which the child's alienation from the parent is alleged to be unwarranted.<ref>{{cite journal |last1=Clemente |first1=Miguel |last2=Padilla-Racero |first2=Dolores |title=Are children susceptible to manipulation? The best interest of children and their testimony |journal=Children and Youth Services Review |date=April 2015 |volume=51 |pages=101–107 |doi=10.1016/j.childyouth.2015.02.003}}</ref> Under that conception, estrangement from a parent falls into one of two broad categories:<ref name=PARQ>{{cite journal |last1=Bernet |first1=William |last2=Nilgun |first2=Gregory |last3=Reay |first3=Kathleen M. |last4=Rohner |first4=Ronald P. |title=An Objective Measure of Splitting in Parental Alienation: The Parental Acceptance – Rejection Questionnaire |journal=Journal of Forensic Sciences |date=May 2018 |volume=63 |issue=3 |pages=776–783 |doi=10.1111/1556-4029.13625 |pmid=28833110 |s2cid=206919307 |url=http://parentalalienationresearch.com/PDF/2017study.pdf |access-date=24 February 2019}}</ref> | |||
The DSM-5, like previous editions, contains several other disorders that cover the essential behaviors and symptoms of parental alienation, including ] and ]. | |||
* '''Justified parental estrangement''', that results from such factors as the rejected parent's harmful or abusive behavior, substance abuse, neglect, or abandonment. | |||
* '''Parental alienation''', in which one parent engages in actions that cause the child to strongly ally with that parent and reject the other without legitimate justification. The rejected parent may contribute to the estrangement in some manner, but the key concept is that the rejection by the child is out of proportion to anything that the rejected parent has done.<ref name=:Neuropsy />{{Rp|page=135}} | |||
Justified parental estrangement is an understandable refusal by a child to see a parent, while parental alienation lacks justifiable reason, although there is no consensus regarding how to differentiate one from the other.<ref name="doughty" />{{rp|page=37}}<ref name=:Neuropsy /> There is no established means of assessing whether a child's feelings toward a parent are "irrational" or "without legitimate basis", complicating any effort to attribute a child's attitudes toward a parent to parental alienation.<ref name=aujla>{{cite thesis |last1=Aujla |first1=Karendeep |title=Labelling & Intervening in Parental Alienation Cases: A Review of Canadian Court Decisions 2010–2012 |url=https://ir.lib.uwo.ca/etd/2049 |type=MA thesis |publisher=Western University |access-date=4 September 2019 |page=5 |date=May 2014}}</ref> | |||
== |
==Theories== | ||
Alienating behaviors are often demonstrated by both parents in high-conflict divorce and child custody cases, but do not ordinarily result in alienation of a child from a parent<ref name="jkelly" /> and may backfire against the parent who engages in alienating behavior.<ref>{{cite web |last1=Rowen |first1=Jenna |title=Talking Badly About Your Co-Parent Backfires:Young Adults & Siblings Feel Less Close to Parents Who Denigrate the Other Parent |url=https://www.family-institute.org/sites/default/files/pdfs/csi_rowan_talking_badly_about_your_coparent.pdf |website=Clinical Science Insights |publisher=The Family Institute at Northwestern University |access-date=26 November 2019 |date=2015}}</ref> Theories of parental alienation should explain how the relationship between the child and the rejected parent deteriorates, why under similar circumstances alienation may occur in one family but not another, and the relationship between alienating behaviors and the severity of a child’s alienation from a parent.<ref name=milchman />{{rp|122}} | |||
Realistic estrangement is a different phenomenon from "pathological alienation". The former is an understandable refusal by a child to see an ] parent, while the latter is emotionally harmful and unjustified.<ref name = Bala2007/> | |||
In situations where a child avoids one parent and strongly prefers the other, the only behaviors that can be observed are avoidance and preference. Alienation by one parent thus cannot be directly measured, and is instead inferred from the child's behavior. Some researchers thus use "preferred" rather than "alienating" parent and "non-preferred" rather than "alienated", "rejected", or "targeted" parent.<ref name="mercer" /> | |||
Although a number of theories have been proposed, there is no generally accepted theory of parental alienation, either as to its cause or to the motivation of the allegedly alienating parent. One theory of motivation suggests that parental alienation may occur when divorce triggers reenactment of a parent's childhood feelings of inadequacy or abandonment, and causes alienating parents to reenact psychological processes experienced during their own childhood.<ref name=Levy1998>{{cite journal | last=Levy | first=Michael| title=A Helpful Way to Conceptualize and Understand Reenactments | journal = The Journal of Psychotherapy Practice and Research | volume=7 | issue=3 | year = 1998 | pages=227–235 | pmc=3330499 | pmid=9631344}}</ref><ref name=LeadershipCouncilBrain>{{cite journal |last1=van der Kolk |first1=Bessel A. |title=The Compulsion to Repeat the Trauma: Re-enactment, Revictimization, and Masochism |journal=Psychiatric Clinics of North America |date=June 1989 |volume=12 |issue=2 |pages=389–411 |doi=10.1016/S0193-953X(18)30439-8|pmid=2664732 }}</ref> However, that theory does not explain alleged parental alienation that may occur in other contexts, nor in cases where there is no evidence of a parent's childhood trauma. Another theory of motivation posits that alienation is a form of harmful parenting by a parent who suffers from a personality disorder, specifically ] or ].<ref name=Fidler/> A divorce, breakup of a relationship or similarly difficult experience triggers feelings of inadequacy or abandonment that cause that parent to decompensate into persecutorial delusions, and to project their fears onto the other parent.<ref name=Millon2011>{{cite book |author=Theodore Million|title=Disorders of Personality:Introducing a DSM / ICD Spectrum from Normal to Abnormal 3rd Edition|publisher=]|year=2011 |pages= |isbn=978-0470040935}}</ref><ref name=Masterson1981>{{cite book |author=James Masterson, M.D.|title=The Narcissistic and Borderline Disorders: An Integrated Developmental Approach|publisher=]|year=1981 |pages= |isbn=978-0876302927}}</ref><ref name=Fidler>{{cite book|author=Barbara Jo Fidler|title=Children Who Resist Postseparation Parental Contact: A Differential Approach for Legal and Mental Health Professionals |publisher=Oxford University Press |pages=|isbn=978-0199895496|date=2012-09-13 }}</ref> However, parental alienation is frequently alleged in cases where neither parent has been diagnosed with a personality disorder.<ref name="mercer" /> | |||
==Consequences== | |||
Studies suggest that independent of other marital issues, acts of parental alienation may be harmful to children. While not all adults who experience acts of parental alienation during childhood report negative consequences, many report outcomes that they attribute to parental alienation, including low self-esteem, addiction and substance abuse, trust issues, and relationship problems. For example, a retrospective study of adults found that independent of damage of a child's relationship with the other parent, perceived experiences with parental alienation during childhood correlate in adulthood with lower self-sufficiency, lower self-esteem, higher rates of major depressive disorder, and insecure attachment styles.<ref name=bakerturn /> A survey of self-reported childhood experiences of three hundred and sixty-one adults in Italy found that 42.1% of participants reported acts of parental alienation by their mothers, and 54.3% reported acts of parental alienation by their fathers. Reports of parental alienation were found to correlate with reports of psychological maltreatment.<ref name=marchetti>{{cite journal |last1=Verrocchio |first1=Maria Christina |last2=Baker |first2=Amy J. L. |last3=Marchetti |first3=Daniela |title=Adult report of childhood exposure to parental alienation at different developmental time periods |journal=Journal of Family Therapy |date=2018 |volume=40 |issue=4 |pages=602–618 |doi=10.1111/1467-6427.12192 |s2cid=149430590 }}</ref> | |||
Assessment of the impact of parental alienation within the context of legal proceedings, such as child custody litigation, is complicated by the participation of other professionals, including psychologists, lawyers and judges, whose actions and decisions may negatively affect family relationships.<ref name=fcourtrev>{{cite journal |last1=Garber |first1=Benjamin D. |title=Parental alienation and the dynamics of the enmeshed parent-child dyad: Adultification, parentification and infantilization |journal=Family Court Review |date=2011 |volume=49 |issue=2 |pages=322–335 |doi=10.1111/j.1744-1617.2011.01374.x }}</ref> Although alienating behaviors by parents are common in high-conflict divorces,<ref name=Bow2009/> most children do not become alienated from a parent as a result of that behavior.<ref name="jkelly" /> | |||
Some mental health professionals argue that severe parental alienation should be established as a form of emotional abuse and domestic violence.<ref name="jharman" /> However, controversy persists as to whether parental alienation should be treated as a form of child abuse or family violence.<ref name=kruk /> | |||
==Diagnosis== | |||
No instrument or measure has been demonstrated to be valid or reliable in the assessment of parental alienation, or to diagnose parental alienation from any list of child behaviors.<ref>{{cite journal |last1=Simring Milchman |first1=Madelyn |title=How far has parental alienation research progressed toward achieving scientific validity? |journal=Journal of Child Custody |date=3 April 2019 |volume=16 |issue=2 |pages=115–139 |doi=10.1080/15379418.2019.1614511|s2cid=216134223 }}</ref> The claim that any individual behavior or cluster of behaviors demonstrates that the preferred parent has caused the child's avoidance is not based on empirical work and as an inference is the result of a problem of critical thinking called affirming the consequent.<ref name="mercer" /> No diagnostic criteria have been proposed that can be applied to determine if a child's feelings toward a parent are irrational or disproportionate to the actions or behavior of the alienated parent.<ref name=aujla /> The absence of a valid and reliable assessment measure also means that it is difficult to evaluate whether parental alienation treatments are effective<ref name="mercer"/>{{rp|36}}<ref name="milchman" /> | |||
Although it has been proposed that parental alienation can be diagnosed in a child who displays some or all of a set of behaviors,<ref name="PADSM" />{{rp|79,183}} the proposed criteria have not been studied empirically, and have not been demonstrated to occur more often in children who avoid one parent after high-conflict divorce than they do in children matched for age who are experiencing different stressors and do not have a strong preference for one parent.<ref name="mercer"/>{{rp|32}} It is also necessary to diagnose the whole family system in order to avoid misattributing a child's estrangement to the actions of a parent.<ref name=:Neuropsy>{{cite journal |last1=von Boch-Galhau |first1=Wilfrid |title=Parental Alienation (Syndrome) – Eine ernst zu nehmende Form von psychischer Kindesmisshandlung |journal=Neuropsychiatrie |date=September 2018 |volume=32 |issue=3 |pages=133–148 |doi=10.1007/s40211-018-0267-0 |pmid=29654470 |language=German|doi-access=free }}</ref>{{Rp|page=136}} Further, symptoms that are claimed to suggest parental alienation may occur in a high-conflict divorce even without indoctrination by the favored parent,<ref name="PADSM" />{{rp|79}} rendering them problematic for identification of improper parenting. | |||
Critics of this approach to diagnosis assert that if the behaviors can occur without an alienating parent, they cannot of themselves be used to determine if a child is demonstrating symptoms from parental alienation.<ref name=pepiton>{{cite journal |last1=Pepiton |first1=M. Brianna |last2=Alvis |first2=Lindsey J. |last3=Allen |first3=Kenneth |last4=Logid |first4=Gregory |title=Is Parental Alienation Disorder a Valid Concept? Not According to Scientific Evidence. A Review of ''Parental Alienation, DSM-5 and ICD-11'' by William Bernet |journal=Journal of Child Sexual Abuse |date=March 2012 |volume=21 |issue=2 |pages=244–253 |doi=10.1080/10538712.2011.628272|s2cid=145548625 }}</ref> The proposed list of behaviors has also been criticized as vague and subjective. For example, a child's claim to have independently formulated opinions of a rejected parent may be interpreted as "independent-thinker phenomenon", which is proposed as evidence of parental alienation, such that any statement a child makes about parental influence or lack thereof can be interpreted as confirmation of parental alienation.<ref name=pepiton />{{rp|246}} | |||
==Treatment== | |||
There is no generally recognized treatment protocol for parental alienation.<ref name="Responses">{{cite journal |last1=Templar |first1=Kate |last2=Matthewson |first2=Mandy |last3=Haines |first3=Janet |last4=Cox |first4=Georgina R. |title=Recommendations for best practice in response to parental alienation: findings from a systematic review: Best practice responses to parental alienation |journal=Journal of Family Therapy |date=September 2016 |doi=10.1111/1467-6427.12137 |s2cid=151519608 |url=https://www.researchgate.net/publication/308940386 |access-date=24 February 2019}}</ref> A number of treatment models have been created for children deemed to show parental alienation, with some intensive models carried out after custody of the children has been transferred to the targeted parent. Five treatment programs were evaluated in terms of the levels of evidence provided by the empirical research said to support them.<ref name="mercer"/> None were supported by research that met standards required for evidence-based treatments. Instead, they were at the third level of evidence, often called “promising”, as they involved before-and-after assessment of nonpreferred parents’ opinions rather than randomized controlled trials or clinical controlled trials using standardized assessments. Reports of some young adults who have been through one of these treatments suggest that as well as lacking an adequate evidence basis, the treatments may be either directly or indirectly harmful to children and adolescents.<ref name="dallam" /> | |||
One form of reconciliation therapy, described by its proponents as family reunification therapy, involves court-ordered removal of children from their preferred parent<ref name="Responses" /> and the requirement that they engage in intensive programs with the rejected parent.<ref name=tabachnick>{{cite news |last1=Tabachnick |first1=Cara |title=They were taken from their mom to rebond with their dad. It didn't go well |url=https://www.washingtonpost.com/lifestyle/magazine/a-divorced-father-his-estranged-kids-and-a-controversial-program-to-bring-them-together/2017/05/09/b50ac6f6-204c-11e7-ad74-3a742a6e93a7_story.html |access-date=2 August 2019 |agency=Washington Post |date=11 May 2017}}</ref> The safety and effectiveness of family reconciliation therapy,<ref name="mercer" /> the scientific validity of that therapy,<ref>{{cite web |title=Collective Memo of Concern to: World Health Organization about "Parental Alienation" |url=http://www.learningtoendabuse.ca/collective-memo-of-concern-to-WHO-about-parental-alienation.html |website=Centre for Research & Education on Violence against Women & Children |publisher=Western University |access-date=5 September 2019 |date=22 April 2019}}</ref> and the question of whether it may properly be considered by a court, are in dispute.<ref name="hsmith">{{cite journal |last1=Smith |first1=Holly |title=Parental Alienation Syndrome Fact or Fiction? Thee Problem with Its Use in Child Custody Cases |journal=University of Massachusetts Law Review |date=January 2016 |volume=11 |issue=1 |pages=86, 99–100 |url=https://scholarship.law.umassd.edu/cgi/viewcontent.cgi?article=1109&context=umlr |access-date=2 August 2019}}</ref> Due to its unproven nature, this form of therapy has been criticized as "quack therapy".<ref name="makin">{{cite news |last1=Makin |first1=Kirk |title=Judges sending children to U.S. for quack therapy, expert charges |url=https://www.theglobeandmail.com/news/national/judges-sending-children-to-us-for-quack-therapy-expert-charges/article1153098/ |access-date=2 August 2019 |agency=The Globe and Mail |date=2 February 2009}}</ref> In order to avoid regulations and oversight that apply to psychological and medical treatment, these programs are often billed as educational or psycho-educational.<ref name=tabachnick/> These programs tend also to be very expensive.<ref name=tabachnick/><ref name=capannelli>{{cite news |last1=Capannelli |first1=Heather |title=Judge reverses parental alienation ruling |agency=The Law Times, Canada |date=9 November 2009}}</ref> Some children who have been compelled to participate in family reunification therapy have reported that they were forced to deny their truthful complaints about the parent that was alleged to be alienated.<ref name=bundy>{{cite news |last1=Bundy |first1=Trey |title=Bitter custody |url=https://www.revealnews.org/episodes/bitter-custody/ |access-date=12 March 2019 |agency=Reveal |publisher=The Center for Investigative Reporting |date=9 March 2019}}</ref><ref name=tabachnick/> A recent program evaluation of a four-day intervention called "Turning Point for Families" found preliminary evidence that the program could improve family relationships in situations where a court finds alienation.<ref>{{cite journal |last1=Harman |first1=Jennifer J. |last2=Saunders |first2=Luke |last3=Afifi |first3=Tamara |title=Evaluation of the Turning Points for Families (TPFF) program for severely alienated children |journal=Journal of Family Therapy |date=7 September 2021 |volume=44 |issue=2 |pages=1467–6427.12366 |doi=10.1111/1467-6427.12366|s2cid=239680359 }}</ref> | |||
==Legal issues== | |||
Parental alienation concepts have been used to argue for child custody changes when children resist contact with a non-preferred parent. The argument generally involves the request for a court order giving full custody to the nonpreferred parent and denying contact to the preferred parent. The child may also be ordered into a treatment program to facilitate reunification with the nonpreferred parent. The rationale of this argument is that the attitude and actions of children who reject a parent without clear evidence of abuse reflects mental illness. If that belief is correct then the child's mental disorder may be attributed to the actions of the preferred parent and, as the actions have harmed the child, those actions can be defined as abusive. Once an allegation of parental alienation is interpreted as abuse by a parent, that interpretation provides a strong argument against custody of or even contact with that parent. This line of argument, however, ignores other possible factors, such as the effect on a child of poor parenting skills of the nonpreferred parent or the influence of one or both parents’ new romantic partners, and depends on inferences about the behavior of the preferred parent rather than direct evidence of inappropriate parenting.<ref name="mercer"/> | |||
A number of articles in professional journals have presented critiques of the manner in which parental alienation advocates have construed children's avoidance of one divorced or separated parent and strong preference for the other parent. Key among their concerns is that advocates of parental alienation concepts have presented a highly simplified explanation of visitation and contact resistance or refusal by children of couples in high-conflict divorces. As multiple factors are generally involved in human behavior, they assert that without direct evidence it is not appropriate to infer manipulation or exploitation by one parent as the cause of a child's preference for one parent over the other. Another concern is that there is a lack of evidentiary support for the concept of parental alienation, as proponents of this theory have failed to meet standards for evidence-based treatment and have never produced empirical support for claimed symptoms of alienation such as "]".<ref name="mercer"/> | |||
A particularly problematic aspect of the use of parental alienation concepts in child custody decisions is the possible association of allegations of alienating behavior by the preferred parent with allegations of domestic violence by the nonpreferred parent.<ref name="dallam"/> As allegations of parental alienation can lead to court-ordered custody changes giving the nonpreferred parent full custody, and often including restraining orders against contact with the preferred parent, it becomes possible for a finding of parental alienation to cause children to be placed in the custody of a physically or sexually abusive parent.<ref name=silberg /> | |||
Although courts have long been concerned with the issue of parental estrangement, and how to safely reunite children with their estranged parents, research into the cause of parental estrangement frequently involves issues of ], lack of ], small ], ], and other ] concerns.<ref name="arobb">{{cite journal |last1=Robb |first1=Aaron |title=Methodological Challenges in Social Science: Making Sense of Polarized and Competing Research Claims |journal=Family Court Review |date=April 2020 |volume=58 |issue=2 |pages=308–321 |doi=10.1111/fcre.12474|s2cid=218936021 }}</ref> There remain significant questions about whether there is sufficient evidence to accurately support claims about the cause, prevalence and consequence of parental estrangement, or appropriate interventions in cases where estrangement exists.<ref>{{cite book |editor1-last=Drozd |editor1-first=Leslie |editor2-last=Saini |editor2-first=Michael |editor3-last=Olesen |editor3-first=Nancy |title=Parenting Plan Evaluations: Applied Research for the Family court |date=2016 |location=Oxford |isbn=9780199396580 |page=375 |edition=Second}}</ref> Sound research in this area remains in its early stages,<ref name="arobb" /> and further research is required that is designed to reduce the risk of misclassificaiton, produce findings that are reliable, and to identify appropriate interventions.<ref>{{cite journal |last1=Milchman |first1=Madelyn S. |last2=Geffner |first2=Robert |last3=Meier |first3=Joan S. |title=Ideology and Rhetoric Replace Science and Reason in Some Parental Alienation Literature and Advocacy: A Critique |journal=Family Court Review |date=April 2020 |volume=58 |issue=2 |pages=340–361 |doi=10.1111/fcre.12476|s2cid=218930800 }}</ref> | |||
===Worldwide=== | |||
====Brazil==== | |||
In August 2010 Brazil passed the first national legislation prohibiting parental alienation.<ref name=":0" />{{Rp|page=463}} ''Lei No. 12.318'' which it defines "as the interference with the psychological formation of a child or adolescent that promotes repudiation of a parent or damage to the establishment or maintenance of ties with a parent, when such an act is practiced by a parent, grandparent, those who have the child or adolescent under their authority, custody, or supervision." A judge who finds that parental alienation has occurred may issue a warning, may modify the custody arrangement in favor of the alienated parent, may order counseling, or may place the alienated child in an interim residence.<ref>{{cite web |last1=Soares |first1=Eduardo |title=Brazil: Parental Alienation Criminalized |url=http://www.loc.gov/law/foreign-news/article/brazil-parental-alienation-criminalized/ |website=Library of Congress |access-date=7 May 2019 |date=2 September 2010}}</ref> | |||
====England==== | |||
In England, the ] (Cafcass) was formed to promote the welfare of children and families involved family court cases.<ref>{{cite web |title=About Cafcass |url=https://www.cafcass.gov.uk/about-cafcass/ |website=Cafcass |publisher=Children and Family Court Advisory and Support Service |access-date=12 March 2019}}</ref> Cafcass recognizes the possibility of parental alienating behaviours in family separation cases.<ref>{{cite web |title=Alienating behaviours|url=https://www.cafcass.gov.uk/grown-ups/parents-and-carers/divorce-and-separation/parental-alienation/ |website=Cafcass |publisher=Children and Family Court Advisory and Support Service |access-date=12 March 2019}}</ref> | |||
====Israel==== | |||
In Israel, parental alienation is known as "''nikur hori''", and some courts are receptive to efforts to attempt to reunify children who have been estranged or alienated from a parent, although concerns remain that there is little empirical evidence to support the concept of parental alienation.<ref>{{cite news |last1=Fidler |first1=Hadassah |title=When one parent is left out in the cold |url=https://www.jpost.com/israel-news/when-one-parent-is-left-out-in-the-cold-592265 |access-date=28 February 2021 |work=Jerusalem Post |date=16 June 2019}}</ref> In order to expedite the resolution of custody cases and disputes, some jurisdictions in Israel have implemented pilot projects for cases involving child custody and enforcement of visitation orders.<ref name=marcus>{{cite journal |last1=Marcus |first1=Philip |title=Innovative Programs in Israel for Prevention & Responding to Parental Alienation: Education, Early Identification and Timely, Effective Intervention |journal=Family Court Review |date=April 2020 |volume=58 |issue=2 |pages=544–559 |doi=10.1111/fcre.12486|s2cid=218946078 }}</ref> | |||
====Mexico==== | |||
In the former Federal District of Mexico, an area that is officially equivalent to ], 323 ''Septimus'' of the Civil Code prohibited a family member from transforming the conscience of a minor so as to prevent, hinder or interfere with the minor's relationship with one of the minor's parents. If a court found that such acts had occurred and were of mild or moderate nature, and that the person responsible for the alienation was the father, the court was required to transfer custody to the other parent. If the court found that the degree of parental alienation attributable to the father was severe, all contact with the father of the child was required to be suspended, and the child was required to receive counseling.<ref>{{cite journal |last1=Núñez |first1=María del Carmen Montenegro |title=La alienación parental: un dilema ético |journal=Alegatos |date=September 2017 |volume=32 |issue=7 |pages=661, 668 |url=http://alegatos.azc.uam.mx/index.php/ra/article/view/58/57 |access-date=7 May 2019 |publisher=Universidad Autónoma de Metropolitana |language=es}}</ref> This provision was repealed by the ] in 2007 and again, after its reenactment, in 2017.<ref>{{cite news |last1=Martinez |first1=Aniyeli |title=Asamblea Legislativa deroga Alienación Parental |url=https://cimacnoticias.com.mx/noticia/asamblea-legislativa-deroga-alienacion-parental/ |website=Cimacnoticias |access-date=11 June 2021 |language=Spanish |date=1 August 2017}}</ref> | |||
==== Republic of Ireland ==== | |||
Although Ireland does not have legislation on parental alienation, in 2020, for the first time in a child access case a judge described a parent's actions as "parental alienation".<ref>{{cite web|title=Judge describes case as 'parental alienation'|url=https://www.lawsociety.ie/gazette/top-stories/judge-describes-case-as-parental-alienation/|access-date=2021-03-18|website=www.lawsociety.ie}}</ref><ref>{{Cite news|last=O'Loughlin|first=Ann|date=15 July 2021|title=High Court to intervene as separated father raises parental alienation concerns with Tusla|work=The Examiner|url=https://www.irishexaminer.com/news/courtandcrime/arid-40338086.html}}</ref> During 2019 to 2021 thirty of the thirty-one Irish councils have asked the government to recognise and address parental alienation.<ref>{{cite web|last=Router|first=Bishop Michael|date=25 April 2021|title=Bishop Router: Peace, protection of family life needed to combat parental alienation|url=https://www.vaticannews.va/en/church/news/2021-04/family-parental-alienation-peace-amoris-laetitia.html|access-date=7 June 2021|website=vaticannews.va}}</ref> In 2021 the Irish Government included international parental alienation research and public consultation in its Justice Action Plan.<ref>{{cite web |title=Justice Plan 2021 |url=https://www.justice.ie/en/JELR/Department_of_Justice_Action_Plan_2021.pdf/Files/Department_of_Justice_Action_Plan_2021.pdf |website=Department of Justice |date=22 February 2021 |publisher=Republic of Ireland |access-date=22 April 2022 |page=21}}</ref> | |||
====United States==== | |||
Although all states have custody laws that require courts to consider how parents' actions affect the best interests of their children,<ref>{{cite web |title=Deciding Custody |url=https://www.americanbar.org/groups/legal_services/milvets/aba_home_front/information_center/family_law/children/custody/deciding_custody/ |website=ABA |publisher=American Bar Association |access-date=14 June 2021 |date=3 December 2020}}</ref> no federal or state laws that incorporate the concept of parental alienation have been passed. Some courts recognize parental alienation as a serious issue with potential long-term effects and serious outcomes for the child.<ref name="clemente" /><ref name="arao">{{cite journal |last1=Rao |first1=Alyssa |title=Excluding Parental Alienation in Family Court |journal=Boston College Law Review B |date=25 May 2021 |volume=62 |issue=5 |page=1765 |url=https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=3991&context=bclr |access-date=18 June 2021}}</ref> Other jurisdictions may suspend child support in cases where parental alienation occurs. For example, in a New York case in which the father was prevented from seeing his son by the child's mother through a "pattern of alienation", child support was suspended.<ref>{{cite web |title=''Matter of Coull v Rottman'', 156 A.D.3d 885, 65 N.Y.S.3d 756 (2015) |url=https://scholar.google.com/scholar_case?case=16258062858305241115 |publisher=Appellate Division of the Supreme Court of New York, Second Department |access-date=4 August 2019}}</ref><ref>{{cite news | title=Father Not Obligated to Pay Child Support, Panel Finds | author=Denney, Andrew | publisher=New York Law Journal | date=9 September 2015 | url=http://www.newyorklawjournal.com/id=1202736637831/Father-Not-Obligated-to-Pay-Child-Support-Panel-Finds }}</ref> Some United States courts have tried to address the issue through mandated reunification therapy.<ref name="tabachnick" /><ref name="tkleinman">{{cite journal |last1=Kleinman |first1=Toby |title=Family court ordered "reunification therapy:" junk science in the guise of helping parent/child relationships? |journal=Journal of Child Custody |date=2017-10-02 |volume=14 |issue=4 |pages=295–300 |doi=10.1080/15379418.2017.1413699|s2cid=148822301 }}</ref> | |||
Due to the nature of allegations of parental alienation, many courts require that a qualified expert witness testify in support of allegations of parental alienation or in association with any allegation that a parent has a mental health disorder.<ref>{{cite journal|last1=Novotney|first1=Amy|title=Custody collaborations|journal=Monitor on Psychology|date=July 2008|volume=39|issue=7|page=48|url=http://www.apa.org/monitor/2008/07-08/child-custody.aspx|access-date=7 October 2017}}</ref> | |||
An examination of parental alienation U.S. custody decisions, based upon a review of appellate cases, found that courts are significantly more skeptical of child physical and sexual abuse allegations made by mothers as compared to similar claims made by fathers, rendering parental alienation a powerful defense for fathers accused of abuse but not for mothers.<ref>{{cite journal |last1=Meier |first1=Joan S. |title=U.S. child custody outcomes in cases involving parental alienation and abuse allegations: what do the data show? |journal=Journal of Social Welfare and Family Law |date=2020-01-02 |volume=42 |issue=1 |pages=92–105 |doi=10.1080/09649069.2020.1701941|s2cid=213753390 }}</ref> A subsequent, smaller study disputed that conclusion.<ref>{{Cite journal|last1=Harman|first1=Jennifer|last2=Lorandos|first2=Demonethenos|title=Allegations of family violence in court: How parental alienation affects judicial outcomes.|url=https://doi.org/10.1037/law0000301|journal=Psychology, Public Policy, and Law|year=2021|publisher=American Psychological Association|volume=27|issue=2|pages=184–208|doi=10.1037/law0000301| issn=1076-8971|s2cid=230593639}}</ref> | |||
==History== | |||
The term parental alienation is derived from ], a term introduced by ] in 1985 to describe a set of behaviors that he had observed in children exposed to family separation or divorce whereby children rejected or showed what he interpreted as unwarranted negative feelings towards one of their parents.<ref name="echo" /><ref>{{Cite journal|last=Gardner|first=Richard A.|date=1991|title=Legal and Psychotherapeutic Approaches to the Three Types of Parental Alienation Syndrome Families: When Psychiatry and the Law Join Forces|url=http://fact.on.ca/Info/pas/gardnr01.pdf|journal=Court Review|volume=28|pages=14–21}}</ref> | |||
The idea that children may be turned against one of their parents, or may reject a parent unjustifiably during family breakdown, has been recognized for centuries.<ref name="PAOverview">Lorandos, D., W. Bernet and S.R. Sauber (2013). Overview of Parental Alienation. In {{cite book|last1=Lorandos|first1=Demosthenes|last2=Bernet|first2=William|last3=Sauber|first3=S. Richard|title=Parental Alienation: The Handbook for Mental Health and Legal Professionals|date=2013|publisher=Charles C Thomas Publisher|isbn=978-0398087500|url=https://books.google.com/books?id=mNfCCAAAQBAJ|access-date=1 October 2017}}</ref> The position that many ]s result from such a process of ], ] or interference by a third party (rather than from genuine interactions between the estranged parties themselves) is less well-recognized.<ref>{{Cite book|title=Family Estrangement: a matter of perspective|last=Agllias|first=Kylie|publisher=Routledge|year=2017|isbn=9781472458612|location=London}}</ref> | |||
=== Parental alienation syndrome === | |||
{{main|Parental alienation syndrome}} | |||
Parental alienation syndrome (PAS) was proposed by child psychiatrist ] as a means of diagnosing parental alienation within a family by virtue of identifying a cluster of symptoms that he hypothesized would only co-exist if a parent were engaged in alienating behavior.<ref>{{cite journal |last1=Gardner |first1=Richard |title=Parental alienation syndrome (PAS): Sixteen years later |journal=Academy Forum |date=1991 |volume=38 |issue=1 |pages=10–12}}</ref> This theory involved looking for a set of psychological symptoms in a child and proposing PAS as a basis for concluding that those symptoms were caused by harmful parenting practices.<ref name="PAOverview" /><ref name="echo">{{cite web|url=https://www.fact.on.ca/Info/pas/gardnr85.pdf|title=Gardner, R. A. (1985). Recent Trends in Divorce and Custody Litigation. Academy Forum, 29(2), 3-7.|access-date=19 August 2018}}</ref> | |||
No mental health organizations recognized parental alienation syndrome.<ref name=Bow2009 /> In 2008, the American Psychological Association<ref>{{cite web|title=Statement on Parental Alienation Syndrome|url=http://www.apa.org/news/press/releases/2008/01/pas-syndrome.aspx|website=American Psychological Association|access-date=7 October 2017|date=1 January 2008}}</ref> noted that there is a lack of data to support the concept of parental alienation syndrome, but took no official position on the syndrome.<ref name=bernet /> A 2009 survey of mental health and legal professionals found broad skepticism of the concept of parental alienation syndrome, and caution in relation to the concept of parental alienation.<ref name=Bow2009 /> | |||
In 2012, in anticipation of the release of the ], the fifth version of the ], an argument was made for the inclusion of PAS in the DSM-5 as a diagnosis related to parental alienation.<ref>{{cite journal |last1=Walker |first1=Lenore E. |last2=Shapiro |first2=David L. |title=Parental Alienation Disorder: Why Label Children with a Mental Diagnosis? |journal=Journal of Child Custody |date=30 November 2010 |volume=7 |issue=4 |pages=266–286 |doi=10.1080/15379418.2010.521041|doi-access=free }}</ref> The argument was based upon the position that parental alienation and a variety of other descriptions of behaviors represent the underlying concept of parental alienation disorder.<ref name="PADSM" /> Despite lobbying by proponents, the proposal was rejected in December 2012.<ref name="APADSM">{{cite web|title=American Psychiatric Association Board of Trustees Approves DSM-5-Diagnostic manual passes major milestone before May 2013 publication|url=http://dsmfacts.org/materials/american-psychiatric-association-board-of-trustees-approves-dsm-5/|publisher=American Psychiatric Association|date=1 December 2012|url-status=dead|archive-url=https://web.archive.org/web/20131005021044/http://dsmfacts.org/materials/american-psychiatric-association-board-of-trustees-approves-dsm-5/|archive-date=5 October 2013}}</ref> | |||
With the exclusion of PAS from the DSM-V, some advocates for the recognition of parental alienation as a diagnosable condition have argued that elements of parental alienation are covered in the DSM-5 under the concept of "Other Conditions That May Be a Focus of Clinical Attention", specifically, "Child Affected by Parental Relationship Distress". Those advocates assert that children who are exposed to intimate partner distress between their parents may develop psychological symptoms as a result of that exposure.<ref name="bernetw">{{cite journal|last1=Bernet|first1=William|last2=Wamboldt|first2=Marianne Z.|last3=Narrow|first3=William E.|title=Child Affected by Parental Relationship Distress|journal=Journal of the American Academy of Child & Adolescent Psychiatry|date=July 2016|volume=55|issue=7|pages=571–579|url=https://jaacap.org/article/S0890-8567(16)30175-7/fulltext|access-date=7 October 2017|doi=10.1016/j.jaac.2016.04.018|pmid=27343884}}</ref> However, relational issues are not mental disorders or diagnoses, but are instead considered to be problems that may be relevant for diagnosis or treatment of a diagnosable disorder. While parent-child estrangement can serve as an example of a relational problem such as "Child Affected by Parental Relationship Distress",<ref>{{cite book |last1=Linscott |first1=J.G. |last2=Leve |first2=L.D. |title=Parent-Child and Sibling Relational Problems. In: Goldstein S., DeVries M. (eds) Handbook of DSM-5 Disorders in Children and Adolescents |date=2017 |publisher=Springer, Cham |isbn=9783319571942 |pages=565–581}}</ref> the observation of a relational issue is not a diagnosis.<ref>{{cite journal |last1=Milchman |first1=Madelyn S. |last2=Geffner |first2=Robert |last3=Meier |first3=Joan S. |title=Putting Science and Reasoning Back Into the "Parental Alienation" Discussion: Reply to Bernet, Robb, Lorandos, and Garber |journal=Family Court Review |date=April 2020 |volume=58 |issue=2 |pages=375–385 |doi=10.1111/fcre.12477|s2cid=218945268 }}</ref> | |||
=== Recognition of parental alienation === | |||
As the psychological and psychiatric communities did not accept the concept of a "syndrome", the term "parental alienation" was advanced in the 1990s as a possible explanation of a child's behavior independent of a psychological or psychiatric diagnosis.<ref name="PADSM">{{cite journal|last1=Bernet|first1=William|last2=Von Boch-Galhau|first2=Wilfred|last3=Baker|first3=Amy J. L.|last4=Morrison|first4=Stephen L.|date=2010|title=Parental Alienation, DSM-V, and ICD-11|journal=The American Journal of Family Therapy|volume=38|issue=2|pages=76–187|doi=10.1080/01926180903586583|s2cid=146420091}}</ref><ref name="bernet" /> Among theories of parental alienation that have been proposed, psychologists have argued that the term parental alienation may be used in a manner synonymous with the original formulation of ], with diagnosis based upon signs observable in children,<ref name=:Whit>{{cite journal |last1=Whitcombe |first1=Sue |title=Psychopathology and the conceptualization of mental disorder: The debate around the inclusion of parental alienation in DSM-5. |journal=Counselling Psychology Review |date=2013 |volume=28 |issue=3 |pages=6–1 |doi=10.53841/bpscpr.2013.28.3.6 |s2cid=6709468 |url=http://parental-alienation-inc.com/articles/Article%204.pdf |access-date=30 October 2019}}</ref> that it may be used to describe the process or tactics by which a child becomes alienated from a parent,<ref name=bakerturn /> or to describe the outcomes for parents and others who have experienced unwarranted rejection by a child.<ref name="poustie" /> | |||
Some ] has been performed, though the quality of the studies vary widely and research in the area is still developing.<ref>{{cite journal | last1 = Hands | first1 = A. J. | last2 = Warshak | first2 = R. A. | year = 2011 | title = Parental Alienation Among College Students | journal = The American Journal of Family Therapy | volume = 39 | issue = 5| pages = 431–443 | doi=10.1080/01926187.2011.575336| s2cid = 144987942 }}</ref> One complicating factor for research is that high numbers of parents involved in high conflict custody disputes engage in alienating or indoctrinating behaviors, but only a small proportion children become alienated.<ref name="jkelly" /> | |||
In an informal survey at the Association of Family and Conciliation Courts in 2010, 98% of the 300 respondents agreed with the question, "Do you think that some children are manipulated by one parent to irrationally and unjustifiably reject the other parent?". Survey participants were divided as to whether a rejected parent partially blame when a child becomes alienated from a parent and the other parent is exhibiting alienating behaviors, and by a significant margin rejected the inclusion of parental alienation in the DSM.<ref>{{cite web |last1=Baker |first1=Amy |last2=Jaffe |first2=Peter |last3=Bernet |first3=William |last4=Johnston |first4=Janet |title=Brief Report on Parental Alienation Survey |url=https://www.afccnet.org/Portals/0/PublicDocuments/2011_may.pdf |website=Association of Family and Conciliation Courts |access-date=16 September 2019 |date=January 2010}}</ref> However, parental alienation refers not to the acts of manipulation, but rather to the child's rejection of a parent that results from alienating behavior. | |||
United States courts have broadly rejected parental alienation syndrome as a concept that may be presented in a child custody case, but it remains possible to argue within child custody litigation that parental alienation has occurred and to demonstrate how a parent's alienating behaviors should be considered by a court when evaluating a custody case.<ref>{{cite book |last1=Goldstein |first1=Mark L. |title=Handbook of child custody |date=2015 |publisher=Springer International Publishing |isbn=9783319139418 |page=14 |url=https://books.google.com/books?id=wGPUrQEACAAJ}}</ref> Behaviors that result in parental alienation may reflect other mental health disorders, both on the part of the alienating parent and the rejected parent that, if proved, remain relevant to a custody determination.<ref name="jkelly" /> The behavior of the alienated child may also be a relevant factor.<ref>{{cite journal|last1=Baker|first1=Amy J.L.|last2=Eichler|first2=Amy|title=The Linkage Between Parental Alienation Behaviors and Child Alienation|journal=Journal of Divorce and Remarriage|date=2016|volume=57|issue=7|pages=475–484|doi=10.1080/10502556.2016.1220285|s2cid=151364631}}</ref> However, single-factor explanations for a child's estrangement from a parent have not proved valid, and multi-factor models are more complex and difficult to argue in a court setting.<ref>{{cite journal |last1=Johnston |first1=Janet R. |last2=Sullivan |first2=Matthew J. |title=Parental Alienation: In Search of Common Ground For a More Differentiated Theory |journal=Family Court Review |date=April 2020 |volume=58 |issue=2 |pages=270–292 |doi=10.1111/fcre.12472|s2cid=218761665 }}</ref> | |||
==Activism== | |||
In late 2005, a Canadian activist named Sarvy Emo proposed that March 28 be designated Parental Alienation Awareness Day. The proposed date was later modified to April 25.<ref>{{cite web |title=History of PAAD and PAAO |url=http://www.paawarenessday.com/history.asp |website=Parental Alienation Awareness Day |access-date=14 August 2019}}</ref> The date has received some level of recognition, such as a 2006 proclamation by the Governor of Georgia recognizing April 25 as Parental Alienation Awareness Day,<ref>{{cite news |last1=Parker |first1=Kathleen |title=Parental alienation gets a day |url=https://townhall.com/columnists/kathleenparker/2006/05/12/parental-alienation-gets-a-day-n1311324 |access-date=14 August 2019 |publisher=Townhall.com/Salem Media |date=12 May 2006}}</ref> and its unofficial recognition by the Governor of Nevada in 2007.<ref>{{cite news |title=LV father works to raise awareness |url=https://www.reviewjournal.com/news/lv-father-works-to-raise-awareness/ |access-date=14 August 2019 |date=15 April 2007}}</ref><ref>{{cite book |last1=Fidler |first1=Barbara Jo |title=Children who resist post-separation parental contact : a differential approach for legal and mental health professionals |date=2013 |publisher=Oxford University Press |location=New York, NY |isbn=9780199895496 |pages=107–108}}</ref> | |||
There are also organizations that actively oppose the use of the concept of parental alienation and the making of custody decisions based on this belief system. For example, the Center for Judicial Excellence argues against the use of the parental alienation argument in custody cases.<ref>{{cite web |title=Family Court Crisis: Our Children at Risk Film |url=https://centerforjudicialexcellence.org/multimedia/family-court-crisis-our-children-at-risk-film/ |website=Center for Judicial Excellence |date=20 December 2013 |access-date=13 September 2019}}</ref> In 2019 the American Professional Society on Abuse of Children (APSAC) posted on its website a recommendation against using the parental alienation concept or claiming that when a child rejects a parent, emotional abuse by the preferred parent has taken place.<ref>{{cite web |title=APSAC Announces Revisions to its Definitions of Psychological Mistreatment and Adds a Cautionary Statement Regarding Use to Support Parental Alienation Claims |url=https://www.apsac.org/single-post/2019/08/16/APSAC-ANNOUNCES-REVISIONS-TO-ITS-DEFINITIONS-OF-PSYCHOLOGICAL-MALTREATMENT-AND-ADDS-A-CAUTIONARY-STATEMENT-REGARDING-USE-TO-SUPPORT-PARENTAL-ALIENATION-CLAIMS |website=The American Professional Society on the Abuse of Children |access-date=13 September 2019 |date=6 August 2019}}</ref> The Institute on Violence, Abuse, and Trauma (IVAT) devoted a three-hour session at its September 2019 meeting to arguments opposing the use of parental alienation concepts and related claims.<ref>Parental Alienation: Controversy and Critiques, {{cite web |title=24th International Summit on Violence, Abuse & Trauma Across the Lifespan |url=https://docs.wixstatic.com/ugd/8636ad_294cd44a33b84be1ac10b37ceddaea3a.pdf |website=IVAT |publisher=Institute on Violence, Abuse and Trauma |access-date=13 September 2019}}</ref> | |||
==See also== | |||
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==References== | ==References== | ||
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Theory of the psychological manipulation of a childParental alienation is a theorized process through which a child becomes estranged from one parent as the result of the psychological manipulation of another parent. The child's estrangement may manifest itself as fear, disrespect or hostility toward the distant parent, and may extend to additional relatives or parties. The child's estrangement is disproportionate to any acts or conduct attributable to the alienated parent. Parental alienation can occur in any family unit, but is claimed to occur most often within the context of family separation, particularly when legal proceedings are involved, although the participation of professionals such as lawyers, judges and psychologists may also contribute to conflict.
Proponents of the concept of parental alienation assert that it is primarily motivated by one parent's desire to exclude the other parent from their child's life. Some assert that parental alienation should be diagnosable in children as a mental disorder. Some propose that parental alienation be recognized as a form of child abuse or family violence. They assert that parental alienation creates stress on the alienated parent and the child, and significantly increases the child's lifetime risk of mental illness.
Parental alienation remains controversial both within the psychological community and the legal system. The psychological community has not accepted parental alienation as a diagnosable mental condition. Critics note that alienating behaviors are common in high-conflict family situations such as child custody proceedings, but that the estrangement of a child from a parent remains rare. They assert that the research performed to date does not support the theory that parental alienation results in the harm described by proponents of the concept. They also express concern that a parent who has caused a child to become estranged, for example through acts of domestic violence or child abuse, may claim to be the victim of parental alienation to convince a court that the child's justified response to the abuse is the result of the other parent's misconduct and to potentially gain custody of the child. No diagnostic criteria have been established for parental alienation, and proposals made to date have not been established as reliable. No program of treatment has been demonstrated to be safe or valid, and proponents of parental alienation theory agree that more research into treatment is necessary.
The theory of parental alienation has been asserted within legal proceedings as a basis for awarding custody to a parent who alleges estrangement, or to modify custody in favor of that parent. Courts have generally rejected parental alienation as a valid scientific theory, but some courts have allowed the concept to be argued as relevant to the determination of the child's best interests when making a custody determination. Legal professionals recognize that alienating behaviors are common in child custody cases, but are cautious about accepting the concept of parental alienation.
Characteristics
Parental alienation describes the breakdown of the relationship between a child and one of the child's parents, when there is no valid justification for that breakdown. When parental alienation is found to exist between a parent and child, the alienation is attributed to inappropriate actions and behavior by the other parent.
Parental alienation falls within the spectrum of family estrangement, a term that describes when family members become alienated from each other without regard to cause. As estrangement may occur between a parent and child for other reasons, it is possible to discuss alienation in terms of a child's having a preferred and a nonpreferred parent without implying that a child's avoidance of one parent is due to parental alienation.
The concept of parental alienation is normally raised only in contexts in which the child's alienation from the parent is alleged to be unwarranted. Under that conception, estrangement from a parent falls into one of two broad categories:
- Justified parental estrangement, that results from such factors as the rejected parent's harmful or abusive behavior, substance abuse, neglect, or abandonment.
- Parental alienation, in which one parent engages in actions that cause the child to strongly ally with that parent and reject the other without legitimate justification. The rejected parent may contribute to the estrangement in some manner, but the key concept is that the rejection by the child is out of proportion to anything that the rejected parent has done.
Justified parental estrangement is an understandable refusal by a child to see a parent, while parental alienation lacks justifiable reason, although there is no consensus regarding how to differentiate one from the other. There is no established means of assessing whether a child's feelings toward a parent are "irrational" or "without legitimate basis", complicating any effort to attribute a child's attitudes toward a parent to parental alienation.
Theories
Alienating behaviors are often demonstrated by both parents in high-conflict divorce and child custody cases, but do not ordinarily result in alienation of a child from a parent and may backfire against the parent who engages in alienating behavior. Theories of parental alienation should explain how the relationship between the child and the rejected parent deteriorates, why under similar circumstances alienation may occur in one family but not another, and the relationship between alienating behaviors and the severity of a child’s alienation from a parent.
In situations where a child avoids one parent and strongly prefers the other, the only behaviors that can be observed are avoidance and preference. Alienation by one parent thus cannot be directly measured, and is instead inferred from the child's behavior. Some researchers thus use "preferred" rather than "alienating" parent and "non-preferred" rather than "alienated", "rejected", or "targeted" parent.
Although a number of theories have been proposed, there is no generally accepted theory of parental alienation, either as to its cause or to the motivation of the allegedly alienating parent. One theory of motivation suggests that parental alienation may occur when divorce triggers reenactment of a parent's childhood feelings of inadequacy or abandonment, and causes alienating parents to reenact psychological processes experienced during their own childhood. However, that theory does not explain alleged parental alienation that may occur in other contexts, nor in cases where there is no evidence of a parent's childhood trauma. Another theory of motivation posits that alienation is a form of harmful parenting by a parent who suffers from a personality disorder, specifically borderline personality disorder or narcissistic personality disorder. A divorce, breakup of a relationship or similarly difficult experience triggers feelings of inadequacy or abandonment that cause that parent to decompensate into persecutorial delusions, and to project their fears onto the other parent. However, parental alienation is frequently alleged in cases where neither parent has been diagnosed with a personality disorder.
Consequences
Studies suggest that independent of other marital issues, acts of parental alienation may be harmful to children. While not all adults who experience acts of parental alienation during childhood report negative consequences, many report outcomes that they attribute to parental alienation, including low self-esteem, addiction and substance abuse, trust issues, and relationship problems. For example, a retrospective study of adults found that independent of damage of a child's relationship with the other parent, perceived experiences with parental alienation during childhood correlate in adulthood with lower self-sufficiency, lower self-esteem, higher rates of major depressive disorder, and insecure attachment styles. A survey of self-reported childhood experiences of three hundred and sixty-one adults in Italy found that 42.1% of participants reported acts of parental alienation by their mothers, and 54.3% reported acts of parental alienation by their fathers. Reports of parental alienation were found to correlate with reports of psychological maltreatment.
Assessment of the impact of parental alienation within the context of legal proceedings, such as child custody litigation, is complicated by the participation of other professionals, including psychologists, lawyers and judges, whose actions and decisions may negatively affect family relationships. Although alienating behaviors by parents are common in high-conflict divorces, most children do not become alienated from a parent as a result of that behavior.
Some mental health professionals argue that severe parental alienation should be established as a form of emotional abuse and domestic violence. However, controversy persists as to whether parental alienation should be treated as a form of child abuse or family violence.
Diagnosis
No instrument or measure has been demonstrated to be valid or reliable in the assessment of parental alienation, or to diagnose parental alienation from any list of child behaviors. The claim that any individual behavior or cluster of behaviors demonstrates that the preferred parent has caused the child's avoidance is not based on empirical work and as an inference is the result of a problem of critical thinking called affirming the consequent. No diagnostic criteria have been proposed that can be applied to determine if a child's feelings toward a parent are irrational or disproportionate to the actions or behavior of the alienated parent. The absence of a valid and reliable assessment measure also means that it is difficult to evaluate whether parental alienation treatments are effective
Although it has been proposed that parental alienation can be diagnosed in a child who displays some or all of a set of behaviors, the proposed criteria have not been studied empirically, and have not been demonstrated to occur more often in children who avoid one parent after high-conflict divorce than they do in children matched for age who are experiencing different stressors and do not have a strong preference for one parent. It is also necessary to diagnose the whole family system in order to avoid misattributing a child's estrangement to the actions of a parent. Further, symptoms that are claimed to suggest parental alienation may occur in a high-conflict divorce even without indoctrination by the favored parent, rendering them problematic for identification of improper parenting.
Critics of this approach to diagnosis assert that if the behaviors can occur without an alienating parent, they cannot of themselves be used to determine if a child is demonstrating symptoms from parental alienation. The proposed list of behaviors has also been criticized as vague and subjective. For example, a child's claim to have independently formulated opinions of a rejected parent may be interpreted as "independent-thinker phenomenon", which is proposed as evidence of parental alienation, such that any statement a child makes about parental influence or lack thereof can be interpreted as confirmation of parental alienation.
Treatment
There is no generally recognized treatment protocol for parental alienation. A number of treatment models have been created for children deemed to show parental alienation, with some intensive models carried out after custody of the children has been transferred to the targeted parent. Five treatment programs were evaluated in terms of the levels of evidence provided by the empirical research said to support them. None were supported by research that met standards required for evidence-based treatments. Instead, they were at the third level of evidence, often called “promising”, as they involved before-and-after assessment of nonpreferred parents’ opinions rather than randomized controlled trials or clinical controlled trials using standardized assessments. Reports of some young adults who have been through one of these treatments suggest that as well as lacking an adequate evidence basis, the treatments may be either directly or indirectly harmful to children and adolescents.
One form of reconciliation therapy, described by its proponents as family reunification therapy, involves court-ordered removal of children from their preferred parent and the requirement that they engage in intensive programs with the rejected parent. The safety and effectiveness of family reconciliation therapy, the scientific validity of that therapy, and the question of whether it may properly be considered by a court, are in dispute. Due to its unproven nature, this form of therapy has been criticized as "quack therapy". In order to avoid regulations and oversight that apply to psychological and medical treatment, these programs are often billed as educational or psycho-educational. These programs tend also to be very expensive. Some children who have been compelled to participate in family reunification therapy have reported that they were forced to deny their truthful complaints about the parent that was alleged to be alienated. A recent program evaluation of a four-day intervention called "Turning Point for Families" found preliminary evidence that the program could improve family relationships in situations where a court finds alienation.
Legal issues
Parental alienation concepts have been used to argue for child custody changes when children resist contact with a non-preferred parent. The argument generally involves the request for a court order giving full custody to the nonpreferred parent and denying contact to the preferred parent. The child may also be ordered into a treatment program to facilitate reunification with the nonpreferred parent. The rationale of this argument is that the attitude and actions of children who reject a parent without clear evidence of abuse reflects mental illness. If that belief is correct then the child's mental disorder may be attributed to the actions of the preferred parent and, as the actions have harmed the child, those actions can be defined as abusive. Once an allegation of parental alienation is interpreted as abuse by a parent, that interpretation provides a strong argument against custody of or even contact with that parent. This line of argument, however, ignores other possible factors, such as the effect on a child of poor parenting skills of the nonpreferred parent or the influence of one or both parents’ new romantic partners, and depends on inferences about the behavior of the preferred parent rather than direct evidence of inappropriate parenting.
A number of articles in professional journals have presented critiques of the manner in which parental alienation advocates have construed children's avoidance of one divorced or separated parent and strong preference for the other parent. Key among their concerns is that advocates of parental alienation concepts have presented a highly simplified explanation of visitation and contact resistance or refusal by children of couples in high-conflict divorces. As multiple factors are generally involved in human behavior, they assert that without direct evidence it is not appropriate to infer manipulation or exploitation by one parent as the cause of a child's preference for one parent over the other. Another concern is that there is a lack of evidentiary support for the concept of parental alienation, as proponents of this theory have failed to meet standards for evidence-based treatment and have never produced empirical support for claimed symptoms of alienation such as "black and white thinking".
A particularly problematic aspect of the use of parental alienation concepts in child custody decisions is the possible association of allegations of alienating behavior by the preferred parent with allegations of domestic violence by the nonpreferred parent. As allegations of parental alienation can lead to court-ordered custody changes giving the nonpreferred parent full custody, and often including restraining orders against contact with the preferred parent, it becomes possible for a finding of parental alienation to cause children to be placed in the custody of a physically or sexually abusive parent.
Although courts have long been concerned with the issue of parental estrangement, and how to safely reunite children with their estranged parents, research into the cause of parental estrangement frequently involves issues of selection bias, lack of operationalization, small sample size, misclassification, and other methodological concerns. There remain significant questions about whether there is sufficient evidence to accurately support claims about the cause, prevalence and consequence of parental estrangement, or appropriate interventions in cases where estrangement exists. Sound research in this area remains in its early stages, and further research is required that is designed to reduce the risk of misclassificaiton, produce findings that are reliable, and to identify appropriate interventions.
Worldwide
Brazil
In August 2010 Brazil passed the first national legislation prohibiting parental alienation. Lei No. 12.318 which it defines "as the interference with the psychological formation of a child or adolescent that promotes repudiation of a parent or damage to the establishment or maintenance of ties with a parent, when such an act is practiced by a parent, grandparent, those who have the child or adolescent under their authority, custody, or supervision." A judge who finds that parental alienation has occurred may issue a warning, may modify the custody arrangement in favor of the alienated parent, may order counseling, or may place the alienated child in an interim residence.
England
In England, the Children and Family Court Advisory and Support Service (Cafcass) was formed to promote the welfare of children and families involved family court cases. Cafcass recognizes the possibility of parental alienating behaviours in family separation cases.
Israel
In Israel, parental alienation is known as "nikur hori", and some courts are receptive to efforts to attempt to reunify children who have been estranged or alienated from a parent, although concerns remain that there is little empirical evidence to support the concept of parental alienation. In order to expedite the resolution of custody cases and disputes, some jurisdictions in Israel have implemented pilot projects for cases involving child custody and enforcement of visitation orders.
Mexico
In the former Federal District of Mexico, an area that is officially equivalent to Mexico City, 323 Septimus of the Civil Code prohibited a family member from transforming the conscience of a minor so as to prevent, hinder or interfere with the minor's relationship with one of the minor's parents. If a court found that such acts had occurred and were of mild or moderate nature, and that the person responsible for the alienation was the father, the court was required to transfer custody to the other parent. If the court found that the degree of parental alienation attributable to the father was severe, all contact with the father of the child was required to be suspended, and the child was required to receive counseling. This provision was repealed by the Legislative Assembly of Mexico City in 2007 and again, after its reenactment, in 2017.
Republic of Ireland
Although Ireland does not have legislation on parental alienation, in 2020, for the first time in a child access case a judge described a parent's actions as "parental alienation". During 2019 to 2021 thirty of the thirty-one Irish councils have asked the government to recognise and address parental alienation. In 2021 the Irish Government included international parental alienation research and public consultation in its Justice Action Plan.
United States
Although all states have custody laws that require courts to consider how parents' actions affect the best interests of their children, no federal or state laws that incorporate the concept of parental alienation have been passed. Some courts recognize parental alienation as a serious issue with potential long-term effects and serious outcomes for the child. Other jurisdictions may suspend child support in cases where parental alienation occurs. For example, in a New York case in which the father was prevented from seeing his son by the child's mother through a "pattern of alienation", child support was suspended. Some United States courts have tried to address the issue through mandated reunification therapy.
Due to the nature of allegations of parental alienation, many courts require that a qualified expert witness testify in support of allegations of parental alienation or in association with any allegation that a parent has a mental health disorder.
An examination of parental alienation U.S. custody decisions, based upon a review of appellate cases, found that courts are significantly more skeptical of child physical and sexual abuse allegations made by mothers as compared to similar claims made by fathers, rendering parental alienation a powerful defense for fathers accused of abuse but not for mothers. A subsequent, smaller study disputed that conclusion.
History
The term parental alienation is derived from parental alienation syndrome, a term introduced by Richard Gardner in 1985 to describe a set of behaviors that he had observed in children exposed to family separation or divorce whereby children rejected or showed what he interpreted as unwarranted negative feelings towards one of their parents.
The idea that children may be turned against one of their parents, or may reject a parent unjustifiably during family breakdown, has been recognized for centuries. The position that many family estrangements result from such a process of psychological manipulation, undue influence or interference by a third party (rather than from genuine interactions between the estranged parties themselves) is less well-recognized.
Parental alienation syndrome
Main article: Parental alienation syndromeParental alienation syndrome (PAS) was proposed by child psychiatrist Richard Gardner as a means of diagnosing parental alienation within a family by virtue of identifying a cluster of symptoms that he hypothesized would only co-exist if a parent were engaged in alienating behavior. This theory involved looking for a set of psychological symptoms in a child and proposing PAS as a basis for concluding that those symptoms were caused by harmful parenting practices.
No mental health organizations recognized parental alienation syndrome. In 2008, the American Psychological Association noted that there is a lack of data to support the concept of parental alienation syndrome, but took no official position on the syndrome. A 2009 survey of mental health and legal professionals found broad skepticism of the concept of parental alienation syndrome, and caution in relation to the concept of parental alienation.
In 2012, in anticipation of the release of the DSM-5, the fifth version of the Diagnostic and Statistical Manual of Mental Disorders, an argument was made for the inclusion of PAS in the DSM-5 as a diagnosis related to parental alienation. The argument was based upon the position that parental alienation and a variety of other descriptions of behaviors represent the underlying concept of parental alienation disorder. Despite lobbying by proponents, the proposal was rejected in December 2012.
With the exclusion of PAS from the DSM-V, some advocates for the recognition of parental alienation as a diagnosable condition have argued that elements of parental alienation are covered in the DSM-5 under the concept of "Other Conditions That May Be a Focus of Clinical Attention", specifically, "Child Affected by Parental Relationship Distress". Those advocates assert that children who are exposed to intimate partner distress between their parents may develop psychological symptoms as a result of that exposure. However, relational issues are not mental disorders or diagnoses, but are instead considered to be problems that may be relevant for diagnosis or treatment of a diagnosable disorder. While parent-child estrangement can serve as an example of a relational problem such as "Child Affected by Parental Relationship Distress", the observation of a relational issue is not a diagnosis.
Recognition of parental alienation
As the psychological and psychiatric communities did not accept the concept of a "syndrome", the term "parental alienation" was advanced in the 1990s as a possible explanation of a child's behavior independent of a psychological or psychiatric diagnosis. Among theories of parental alienation that have been proposed, psychologists have argued that the term parental alienation may be used in a manner synonymous with the original formulation of parental alienation syndrome, with diagnosis based upon signs observable in children, that it may be used to describe the process or tactics by which a child becomes alienated from a parent, or to describe the outcomes for parents and others who have experienced unwarranted rejection by a child.
Some empirical research has been performed, though the quality of the studies vary widely and research in the area is still developing. One complicating factor for research is that high numbers of parents involved in high conflict custody disputes engage in alienating or indoctrinating behaviors, but only a small proportion children become alienated.
In an informal survey at the Association of Family and Conciliation Courts in 2010, 98% of the 300 respondents agreed with the question, "Do you think that some children are manipulated by one parent to irrationally and unjustifiably reject the other parent?". Survey participants were divided as to whether a rejected parent partially blame when a child becomes alienated from a parent and the other parent is exhibiting alienating behaviors, and by a significant margin rejected the inclusion of parental alienation in the DSM. However, parental alienation refers not to the acts of manipulation, but rather to the child's rejection of a parent that results from alienating behavior.
United States courts have broadly rejected parental alienation syndrome as a concept that may be presented in a child custody case, but it remains possible to argue within child custody litigation that parental alienation has occurred and to demonstrate how a parent's alienating behaviors should be considered by a court when evaluating a custody case. Behaviors that result in parental alienation may reflect other mental health disorders, both on the part of the alienating parent and the rejected parent that, if proved, remain relevant to a custody determination. The behavior of the alienated child may also be a relevant factor. However, single-factor explanations for a child's estrangement from a parent have not proved valid, and multi-factor models are more complex and difficult to argue in a court setting.
Activism
In late 2005, a Canadian activist named Sarvy Emo proposed that March 28 be designated Parental Alienation Awareness Day. The proposed date was later modified to April 25. The date has received some level of recognition, such as a 2006 proclamation by the Governor of Georgia recognizing April 25 as Parental Alienation Awareness Day, and its unofficial recognition by the Governor of Nevada in 2007.
There are also organizations that actively oppose the use of the concept of parental alienation and the making of custody decisions based on this belief system. For example, the Center for Judicial Excellence argues against the use of the parental alienation argument in custody cases. In 2019 the American Professional Society on Abuse of Children (APSAC) posted on its website a recommendation against using the parental alienation concept or claiming that when a child rejects a parent, emotional abuse by the preferred parent has taken place. The Institute on Violence, Abuse, and Trauma (IVAT) devoted a three-hour session at its September 2019 meeting to arguments opposing the use of parental alienation concepts and related claims.
See also
- Child abuse
- Child custody
- Gatekeeper parent
- International child abduction
- Parental alienation syndrome
- Parentification
- Richard Warshak
- Social rejection
References
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