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Parental alienation syndrome (PAS, also known as also known as parental alienation disorder), is a controversial syndrome formulated by Richard A. Gardner in which a child, on an ongoing basis, belittles and insults a parent without justification. PAS is believed by Gardner to arise in part due to indoctrination by one parent against the other parent primarily in association with a child custody dispute, and in part as a result of the child's own behavior. Despite being criticized by members of legal and mental health community as lacking in scientific validity and reliability, PAS has been accepted as evidence in custody cases in the United States and some other countries.

Overview

Gardner first described PAS in a 1985 journal article entitled “Recent Trends in Divorce and Custody Litigation” drawing upon his clinical experiences since the early 1980s. Gardner defined PAS in 1985 (and repeated this definition as unchanged in 2001) as “…a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against the parent, a campaign that has no justification. The disorder results from the combination of indoctrinations by the alienating parent and the child’s own contributions to the vilification of the alienated parent.” and stated that the alienating parent may attempt to cause the child to reject their other parent deliberately or unconsciously. The original formulation stated that the mother was the alienator in 90% of the cases, later statements by Gardner allowed that fathers were as likely to be the alienator. Gardner suggested that PAS may be divided according to severity, with mild and moderate cases requiring family therapy with the most severe cases requiring the offending parent and child be separated (and possible incarceration for the parent).

Gardner believed that allegations of PAS tended to be made in response to allegations by a parent (often the mother) of child abuse, including sexual abuse, by the other parent in order to prevent further contact between them. PAS only applies to a false allegation of child sexual abuse due to the parent brainwashing the child, in situations where the allegations are not credible; in cases where actual abuse or neglect has occurred, Gardner suggested parental alienation be used as the appropriate term as the child’s hostility may be justified.

Application

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Some fathers' rights activists assert that PAS exists and that it explains why some children are fearful or refuse contact with their fathers during custody and access cases.

Criticisms

PAS has been extensively criticized by members of legal and mental health community, who describe it as inadmissible in child custody hearings based on both science and law. The theory is self-published, and has not been corroborated by peer-review. Those articles supportive of PAS are in many cases based on anecdotal evidence in the form of case studies, and research by other professionals has not substantiated some tenets of the theory. PAS has also been criticized for being sexist.

PAS has been described as incomplete, simplistic and erroneous for ignoring the multiple factors (including the behaviors of the child, parents and other family members) that may contribute to parental alienation, family dysfunction and a breakdown in attachment between a parent and a child. Adherents to this view also criticize Gardner's analysis for inappropriately assigning all responsibility of the child's behavior to one parent, when in cases where the alienated parent has sufficient parenting time, the child's behavior is oftentimes, but not always, the result of a dynamic in which both parents and the child play a role. Women's groups and others argue that PAS is used by fathers to marginalize legitimate fears and concerns about abuse, and they oppose the legitimacy of PAS as a danger to children. PAS has also been criticized for making clinical work with children who are alienated more confusing.

Scientific criticisms

Scientifically, there is disagreement over whether PAS exists. Despite influencing many custody disputes, PAS has not met minimal scientific standards, having not been replicated outside of its proponents and at best is a hypothesis. PAS contains a variety of theoretical and practical problems and lacks a scientific foundation. Critics state that Gardner has promoted PAS to a syndrome based on a vague clustering of behaviors, and has not been included in the DSM; despite this, before his death Gardner urged PAS to be included so it could be cited in court cases. PAS has not been recognized by any major mental health or legal organization, but despite this it has appeared in the courts. Gardner’s own writings on the subject, published in both peer reviewed journals and legal decisions, have been found to not support the existence of PAS, lacking both validity and reliability, despite being presented as a reliable concept. PAS also lacks adequate scientific support to be considered a syndrome.

Rebuttals

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Those who support PAS note that the symptoms of the disorder have been described in the mental health literature since the 1940s, long before Gardner coined the term. They believe PAS accurately describes a subset of children who are alienated from a parent, that PAS can help treat these children, and that the clusters of behaviors described by PAS warrants its description as a syndrome. Some early research findings suggest that PAS is a valid and reliable construct; other researchers have independently identified similar groups of alienated children and one study of the reliability of PAS demonstrated a high rate of agreement on the presence of PAS features. Gardner stated that those initially critical of PAS for being a caricature were not directly involved with families in custody disputes, and criticisms of this nature faded by the late 1980s; Gardner took this to mean that the disorder was widespread.

Position statements

In 1996, the American Psychological Association (APA) released a statement indicating that the organization has no official position with respect to PAS but noted a lack of supporting data regarding it, and raised concerns over its use. The APA’s 1996 Presidential Task Force on Violence and the Family expressed concern that custody evaluators use PAS as a means of giving custody to fathers despite of a history of violence, a concern shared by other commentators. PAS is not recognized by the American Medical Association, the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM). Dr. William Bernet, a psychiatrist, has provided arguments for including parental alienation disorder in the next edition of the DSM. and the National Council of Juvenile and Family Court Judges has rejected it.

Appearance in courts

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PAS has been cited as part of the child custody determination process in the United States, where a growing acceptance of the term has led to an increase in claims that the parents with whom the child lives have been trying to alienate the children from the other parent. Since the appearance of PAS in 1985, courts have awarded sole custody to fathers in jurisdictions throughout the US. In the United Kingdom, the existence of PAS was rejected both in an expert review, and by the Court of Appeal. PAS has been challenged under the Frye test, for failing to gather general acceptance within its field.

PAS has been criticized for negatively impacting parents who raise allegations of abuse in the family court.

Philip Stahl, a child custody evaluator, states that problems described by advocates on both sides of the issue on PAS are happening, adding that during child custody hearings, courts are ruling in favor of people unfairly accused of alienation and are also ruling against people who have been alienated. He added that some evaluators do not understand alienation, and some evaluators want to apply it in every case.

References

1. ^ Bernet, William (2008). "Parental Alienation Disorder and DSM-V". The American Journal of Family Therapy: 349–366. {{cite journal}}: Cite journal requires |journal= (help); Unknown parameter |Issue= ignored (|issue= suggested) (help); Unknown parameter |Volume= ignored (|volume= suggested) (help)
2. ^ Gardner, RA (2001). "Parental Alienation Syndrome (PAS): Sixteen Years Later". Academy Forum. 45 (1): 10–12. Retrieved 2009-03-31.
3. ^ Bruch, CS (2001). "Parental Alienation Syndrome and Parental Alienation: Getting It Wrong in Child Custody Cases" (pdf). Family Law Quarterly. 35 (527): 527–552. {{cite journal}}: Cite has empty unknown parameter: |coauthors= (help)
4. ^ Wood, CL (1994). "The parental alienation syndrome: a dangerous aura of reliability". Loyola of Los Angeles Law Review. 29: 1367–1415. Retrieved 2008-04-12.
5. ^ Hoult, JA (2006). "The Evidentiary Admissibility of Parental Alienation Syndrome: Science, Law, and Policy" (pdf). Children's Legal Rights Journal. 26 (1).
6. ^ Fortin, Jane (2003). Children's Rights and the Developing Law. Cambridge University Press. pp. 263. ISBN 9780521606486.
7. ^ Bainham, Andrew (2005). Children: The Modern Law. Jordans. pp. 161. ISBN 9780853089391.
8. Gardner, RA (1985). "Recent Trends in Divorce and Custody Litigation". Academy Forum. 29 (2): 3–7. Retrieved 2009-03-31.
9. ^ Jaffe, PG (2002). Child Custody & Domestic Violence. SAGE Publications. pp. 52–54. ISBN 9780761918264. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
10. ^ Dallam, SJ (1999). "The Parental Alienation Syndrome: Is It Scientific?". Expose: The failure of family courts to protect children from abuse in custody disputes. Our Children Our Children Charitable Foundation. {{cite book}}: Unknown parameter |editors= ignored (|editor= suggested) (help)
11. Gardner, RA (2002). "Denial of the Parental Alienation Syndrome Also Harms Women". American Journal of Family Therapy. 30 (3): 191–202. doi:10.1080/019261802753577520.
12. ^ Winerip, ML (2007-09-23). "When Ties to a Parent Are Cut by the Other". The New York Times. The New York Times Company. Retrieved 2008-12-20.
13. ^ Ackerman MJ (2001). Clinician's guide to child custody evaluations. New York: John Wiley & Sons. pp. 73-82. ISBN 0-471-39260-X.
14. ^ Caplan, PJ (2004). Caplan PJ; Cosgrove L (ed.). Bias in psychiatric diagnosis. Rowman & Littlefield. pp. 62. ISBN 9780765700018. {{cite book}}: Unknown parameter |chaptertitle= ignored (help)CS1 maint: multiple names: editors list (link)
15. ^ Brown, T (2007). Child Abuse and Family Law: Understanding the Issues Facing Human Service and Legal Professionals. Allen & Unwin. pp. 11-12. ISBN 9781865087313. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
16. Gardner, RA (1998). "Recommendations for Dealing with Parents who Induce a Parental Alienation Syndrome in their Children". Journal of Divorce & Remarriage. 28 (3/4): 1–21. doi:10.1300/J087v28n03_01.
17. Radford, L (2006). Mothering Through Domestic Violence. Jessica Kingsley Publishers. pp. 114–5. ISBN 9781843104735. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
18. ^ Ottaman, A (2008). "Fathers' rights movement". In Edleson JL; Renzetti, CM (ed.). Encyclopedia of Interpersonal Violence. SAGE Publications. pp. 252. ISBN 978-1412918008. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)CS1 maint: multiple names: editors list (link)
19. McElroy, W (2005-11-07). "PBS Film Ignites Fathers' Rights Debate". Fox News. Retrieved 2009-01-12. {{cite news}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
20. Ragland, ER (2003). "Parental Alienation Syndrome: What Professionals Need to Know Part 1 of 2 Update". American Prosecutors Research Institute Newsletter. 16 (6). {{cite journal}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
21. Faller, KC (1998). "The parental alienation syndrome: What is it and what data support it?" (pdf). Child Maltreatment. 3 (2): 100–115. doi:10.1177/1077559598003002005.
22. ^ Sparta, SN (2006). Forensic Mental Health Assessment of Children and Adolescents. Oxford University Press. pp. 83, 219–221. ISBN 9780195145847. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
23. ^ Warshak, RA (2001). "Current controversies regarding parental alienation syndrome" (pdf). American Journal of Forensic Psychology. 19: 29–59. {{cite journal}}: Unknown parameter |issues= ignored (help)
24. ^ Waldron, KH (1996). "Understanding and Collaboratively Treating Parental Alienation Syndrome". American Journal of Family Law. 10: 121–133. {{cite journal}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
25. Friedlin, J (2004-12-17). "Mothers Push Reforms in Family Courts' Handling of Custody Cases". The Forward. p. 6. Retrieved 2009-01-12.
26. Emery, RE (2005). "Parental Alienation Syndrome: Proponents bear the burden of proof" (pdf). Family Court Review. 43 (1): 8–13.
27. Drozd, L (2009). "Rejection in cases of abuse or alienation in divorcing families". In Galatzer-Levy RM; Kraus L & Galatzer-Levy J (ed.). The Scientific Basis of Child Custody Decisions, 2nd Edition. John Wiley & Sons. pp. 403-416. ISBN 9780470038581.{{cite book}}: CS1 maint: multiple names: editors list (link)
28. "APA Statement on Parental Alienation Syndrome". Washington, DC: American Psychological Association. 1996. Retrieved 2009-03-31.
29. "American Psychological Association Presidential Task Force on Violence And The Family". 1996. Archived from the original on 2000-03-07. {{cite web}}: Unknown parameter |Publisher= ignored (|publisher= suggested) (help)
30. Comeford, L (2009). "Fatherhood Movements". In O'Brien J (ed.). Encyclopedia of Gender and Society. Vol. 1. SAGE Publications. pp. 285. ISBN 9781412909167.
31. Sturge, C (2000). "Contact and domestic violence – the experts' court report". Family Law - Bristol. 615. {{cite journal}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
32. Poliacoff, JH. "Parental alienation syndrome: Frye v. Gardner in the family courts". Archived from the original on 2005-11-24. Retrieved 2009-03-31. {{cite web}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
33. Myers, John E. B. (2005). Myers on evidence in child, domestic, and elder abuse cases. Gaithersburg, Md: Aspen Publishers. pp. 415. ISBN 0-7355-5668-7.
34. Myers JEB; Briere J & Berliner L, ed. (2002). The APSAC handbook on child maltreatment. SAGE Publications. pp. 396. ISBN 9780761919926.{{cite book}}: CS1 maint: multiple names: editors list (link)
35. Abendschein, Dan (2008-03-09). "Bill addresses theory used in custody cases". Retrieved 2008-12-12.

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