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'''Parental alienation syndrome''' (abbreviated as '''PAS''') is a controversial syndrome formulated by ] in which a child, on an ongoing basis belittles and insults a parent without justification, due to the ] of one parent. PAS is believed to arise partly due to a ] dispute, and in part as a result of the child's own behavior.<ref name=Bernet2008>{{cite journal | last=Bernet | first=William | title= Parental Alienation Disorder and DSM-V | publisher = The American Journal of Family Therapy | volume = 36 | issue = 5 | year = 2008 | pages = 349-366 | doi = 10.1080/01926180802405513 |url = http://www.informaworld.com/smpp/content~content=a904034221~db=all~jumptype=rss}}</ref><ref name = Gardner2001>{{cite journal | last = Gardner | first = RA | authorlink = Richard A. Gardner | title = Parental Alienation Syndrome (PAS): Sixteen Years Later | year = 2001 | journal = Academy Forum | volume = 45 | issue = 1 | url = http://www.fact.on.ca/Info/pas/gard01b.htm | pages = 10-12 | accessdate = 2009-03-31 }}</ref> PAS has been extensively criticized by legal and mental health scholars for lacking scientific validity and reliability.<ref name=Bernet2008/><ref name=Bruch2001>{{cite journal | last = Bruch | first = CS | coauthors = | year = 2001 | title = Parental Alienation Syndrome and Parental Alienation: Getting It Wrong in Child Custody Cases | journal = Family Law Quarterly | volume = 35 | issue = 527 | pages = 527-552 | url = http://www.law.ucdavis.edu/faculty/Bruch/files/fam353_06_Bruch_527_552.pdf | format = pdf }}</ref><ref name=Wood1994>{{cite journal | last = Wood | first = CL | year =1994 | title = The parental alienation syndrome: a dangerous aura of reliability | journal = Loyola of Los Angeles Law Review | volume = 29 | pages = 1367–1415 | url = http://fact.on.ca/Info/pas/wood94.htm | accessdate = 2008-04-12 }}</ref><ref name=Hoult2006/> PAS is not ] in courts in the ], but has appeared in some ] disputes in the ].<ref name=Fortin2003>{{cite book | last = Fortin | first = Jane | title = Children's Rights and the Developing Law | publisher = ] | year = 2003 | pages = | isbn = 9780521606486 }}</ref><ref name=Bainham2005>{{cite book | last = Bainham | first = Andrew | title = Children: The Modern Law | publisher = Jordans | year = 2005 | pages = | isbn = 9780853089391 }}</ref> | '''Parental alienation syndrome''' (abbreviated as '''PAS''') is a controversial syndrome formulated by ] in which a child, on an ongoing basis belittles and insults a parent without justification, due to the ] of one parent. PAS is believed to arise partly due to a ] dispute, and in part as a result of the child's own behavior.<ref name=Bernet2008>{{cite journal | last=Bernet | first=William | title= Parental Alienation Disorder and DSM-V | publisher = The American Journal of Family Therapy | volume = 36 | issue = 5 | year = 2008 | pages = 349-366 | doi = 10.1080/01926180802405513 |url = http://www.informaworld.com/smpp/content~content=a904034221~db=all~jumptype=rss}}</ref><ref name = Gardner2001>{{cite journal | last = Gardner | first = RA | authorlink = Richard A. Gardner | title = Parental Alienation Syndrome (PAS): Sixteen Years Later | year = 2001 | journal = Academy Forum | volume = 45 | issue = 1 | url = http://www.fact.on.ca/Info/pas/gard01b.htm | pages = 10-12 | accessdate = 2009-03-31 }}</ref> PAS has been extensively criticized by legal and mental health scholars for lacking scientific validity and reliability.<ref name=Bernet2008/><ref name=Bruch2001>{{cite journal | last = Bruch | first = CS | coauthors = | year = 2001 | title = Parental Alienation Syndrome and Parental Alienation: Getting It Wrong in Child Custody Cases | journal = Family Law Quarterly | volume = 35 | issue = 527 | pages = 527-552 | url = http://www.law.ucdavis.edu/faculty/Bruch/files/fam353_06_Bruch_527_552.pdf | format = pdf }}</ref><ref name=Wood1994>{{cite journal | last = Wood | first = CL | year =1994 | title = The parental alienation syndrome: a dangerous aura of reliability | journal = Loyola of Los Angeles Law Review | volume = 29 | pages = 1367–1415 | url = http://fact.on.ca/Info/pas/wood94.htm | accessdate = 2008-04-12 }}</ref><ref name=Hoult2006/> PAS is not ] in courts in the ], but has appeared in some ] disputes in the ] and ].<ref name=Fortin2003>{{cite book | last = Fortin | first = Jane | title = Children's Rights and the Developing Law | publisher = ] | year = 2003 | pages = | isbn = 9780521606486 }}</ref><ref name=Bainham2005>{{cite book | last = Bainham | first = Andrew | title = Children: The Modern Law | publisher = Jordans | year = 2005 | pages = | isbn = 9780853089391 }}</ref> | ||
==Overview== | ==Overview== | ||
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PAS is thought to apply only in situations where there is no actual abuse or neglect. In cases of actual abuse or neglect, Gardner considered ] the appropriate term because the child's alienation is justified.<ref name=Hoult2006 >{{cite journal | last = Hoult | first = JA | year = 2006 | title = The Evidentiary Admissibility of Parental Alienation Syndrome: Science, Law, and Policy | journal = Children's Legal Rights Journal | volume = 26 | issue = 1 | url = http://papers.ssrn.com/sol3/papers.cfm?abstract_id=910267 }}</ref><ref>{{cite journal | last = Gardner | first = RA | authorlink = Richard A. Gardner | title = Recommendations for Dealing with Parents who Induce a Parental Alienation Syndrome in their Children | journal = Journal of Divorce & Remarriage | year = 1998 | volume = 28 | issue = 3/4 | pages = 1–21 | doi = 10.1300/J087v28n03_01}}</ref>). Gardner divided PAS according to severity, with mild and moderate cases requiring ] with the most severe cases requiring the alienating parent and child be separated (also suggesting the alienating parent may be incarcerated).<ref name=Jaffe2002/><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 | oclc = | doi = | accessdate = }}</ref> Researchers initially believed that mothers were the alienating parent in 90% of these cases, but Garner and others stated have stated that fathers and mothers are equally likely to be the alienating parent.<ref name=Jaffe2002>{{cite book | last = Jaffe | first = PG | coauthors = Lemon NKD; Poisson SE | title = Child Custody & Domestic Violence | publisher = ] | year = 2002 | pages = | isbn = 9780761918264 }}</ref><ref name=Dallam1999>{{cite book |last=Dallam | first = SJ | year =1999 | editors = St. Charles E; Crook L | title = Expose: The failure of family courts to protect children from abuse in custody disputes | publisher =Our Children Our Children Charitable Foundation | chapter = The Parental Alienation Syndrome: Is It Scientific? | url = http://www.leadershipcouncil.org/1/res/dallam/3.html}}</ref> Gardner and others state that children have been harmed by PAS, and that legal acceptance of its evaluation could be used to identify and help these children.<ref name="Gardner2001b">{{cite journal | last = Gardner | first = Richard | title = Commentary on Kelly and Johnston's The Alienated Child: A Reformulation of Parental Alienation Syndrome | journal = Family Court Review | volume = 42 | issue = 4 | pages = 611-21 | year = 2004 | format = pdf | url = http://coleur.googlepages.com/GardnerrRichardACommentaryonKellyand.pdf}}</ref> | PAS is thought to apply only in situations where there is no actual abuse or neglect. In cases of actual abuse or neglect, Gardner considered ] the appropriate term because the child's alienation is justified.<ref name=Hoult2006 >{{cite journal | last = Hoult | first = JA | year = 2006 | title = The Evidentiary Admissibility of Parental Alienation Syndrome: Science, Law, and Policy | journal = Children's Legal Rights Journal | volume = 26 | issue = 1 | url = http://papers.ssrn.com/sol3/papers.cfm?abstract_id=910267 }}</ref><ref>{{cite journal | last = Gardner | first = RA | authorlink = Richard A. Gardner | title = Recommendations for Dealing with Parents who Induce a Parental Alienation Syndrome in their Children | journal = Journal of Divorce & Remarriage | year = 1998 | volume = 28 | issue = 3/4 | pages = 1–21 | doi = 10.1300/J087v28n03_01}}</ref>). Gardner divided PAS according to severity, with mild and moderate cases requiring ] with the most severe cases requiring the alienating parent and child be separated (also suggesting the alienating parent may be incarcerated).<ref name=Jaffe2002/><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 | oclc = | doi = | accessdate = }}</ref> Researchers initially believed that mothers were the alienating parent in 90% of these cases, but Garner and others stated have stated that fathers and mothers are equally likely to be the alienating parent.<ref name=Jaffe2002>{{cite book | last = Jaffe | first = PG | coauthors = Lemon NKD; Poisson SE | title = Child Custody & Domestic Violence | publisher = ] | year = 2002 | pages = | isbn = 9780761918264 }}</ref><ref name=Dallam1999>{{cite book |last=Dallam | first = SJ | year =1999 | editors = St. Charles E; Crook L | title = Expose: The failure of family courts to protect children from abuse in custody disputes | publisher =Our Children Our Children Charitable Foundation | chapter = The Parental Alienation Syndrome: Is It Scientific? | url = http://www.leadershipcouncil.org/1/res/dallam/3.html}}</ref> Gardner and others state that children have been harmed by PAS, and that legal acceptance of its evaluation could be used to identify and help these children.<ref name="Gardner2001b">{{cite journal | last = Gardner | first = Richard | title = Commentary on Kelly and Johnston's The Alienated Child: A Reformulation of Parental Alienation Syndrome | journal = Family Court Review | volume = 42 | issue = 4 | pages = 611-21 | year = 2004 | format = pdf | url = http://coleur.googlepages.com/GardnerrRichardACommentaryonKellyand.pdf}}</ref> | ||
PAS is not recognized by the ] or the ], and is not included in the '']'' (DSM).<ref name=Hoult2006 /><ref name=Dallam1999/><ref name=Comeford2009>{{cite book | last = Comeford | first = L | title = Encyclopedia of Gender and Society | editor = O'Brien J | publisher = ] | date = 2009 | volume = 1 | pages = | chapter = Fatherhood Movements | isbn = 9781412909167 | url = }}</ref><ref name = Caplan2004>{{cite book | last = Caplan | first = PJ | title = Bias in psychiatric diagnosis | editor = Caplan PJ; Cosgrove L | publisher=] | year = 2004 | pages = | chapter = What is it that's being called Parental Alienation Syndrome | isbn = 9780765700018 | url = }}</ref> The ] declined to indicate a position on PAS, but raised concerns over its lack of supporting data and how the term is used.<ref name=APA1996>{{cite web | title = APA Statement on Parental Alienation Syndrome | url = http://www.apa.org/releases/passyndrome.html | publisher = ] | year =1996 | location =Washington, DC | accessdate = 2009-03-31 }}</ref> | PAS is not recognized by the ] or the ], and is not included in the '']'' (DSM).<ref name=Hoult2006 /><ref name=Dallam1999/><ref name=Comeford2009>{{cite book | last = Comeford | first = L | title = Encyclopedia of Gender and Society | editor = O'Brien J | publisher = ] | date = 2009 | volume = 1 | pages = | chapter = Fatherhood Movements | isbn = 9781412909167 | url = }}</ref><ref name = Caplan2004>{{cite book | last = Caplan | first = PJ | title = Bias in psychiatric diagnosis | editor = Caplan PJ; Cosgrove L | publisher=] | year = 2004 | pages = | chapter = What is it that's being called Parental Alienation Syndrome | isbn = 9780765700018 | url = }}</ref> The ] declined to indicate a position on PAS, but raised concerns over its lack of supporting data and how the term is used.<ref name=APA1996>{{cite web | title = APA Statement on Parental Alienation Syndrome | url = http://www.apa.org/releases/passyndrome.html | publisher = ] | year =1996 | location =Washington, DC | accessdate = 2009-03-31 }}</ref> 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.<ref name=Bruch2001/><ref name= Sparta2006/><ref>{{cite web | title =American Psychological Association Presidential Task Force on Violence And The Family | url= http://www.apa.org/pi/pii/familyvio/issue5.html | archiveurl = http://web.archive.org/web/20000307233013/www.apa.org/pi/pii/familyvio/issue5.html | archivedate = 2000-03-07 | publisher= ] | year=1996}}</ref> | ||
Supporters of PAS have advocated for April 25th to be recognized as ].<ref>{{cite news | url=http://www.albertalocalnews.com/reddeeradvocate/opinion/Parental_alienation_can_tear_a_family_apart_43638582.html |title=Red Deer Advocate - Parental alienation can tear a family apart | work = ] |accessdate=2009-05-06 | last = Sterling-Anosh |first= M | date = 2009-04-25 }}</ref><ref>{{cite news |url = http://www.barrieadvance.com/barrieadvance/article/134299 |title='Bat Girl' arrested after publicity stunt | work = ] |accessdate=2009-05-06 |last= Vanderlinde |first= E | date = 2009-04-25}}</ref> | Supporters of PAS have advocated for April 25th to be recognized as ].<ref>{{cite news | url=http://www.albertalocalnews.com/reddeeradvocate/opinion/Parental_alienation_can_tear_a_family_apart_43638582.html |title=Red Deer Advocate - Parental alienation can tear a family apart | work = ] |accessdate=2009-05-06 | last = Sterling-Anosh |first= M | date = 2009-04-25 }}</ref><ref>{{cite news |url = http://www.barrieadvance.com/barrieadvance/article/134299 |title='Bat Girl' arrested after publicity stunt | work = ] |accessdate=2009-05-06 |last= Vanderlinde |first= E | date = 2009-04-25}}</ref> | ||
==Reception== | ==Reception== | ||
PAS has not been accepted by experts in ], ] or the study of ]<ref name = Wood1994/> or legal scholars.<ref name = Hoult2006/> However, Psychiatrist William Bernet states that the phenomena of PAS is almost universally accepted by medical health professionals.<ref name=Bernet2008/> PAS has been extensively criticized by members of legal and mental health community, who state that PAS should not be ] in child custody hearings based on both science and law.<ref name=Drozd2009>{{cite book | last = Drozd | first = L | title = The Scientific Basis of Child Custody Decisions, 2nd Edition | editor = Galatzer-Levy RM; Kraus L & Galatzer-Levy J | publisher = ] | date = 2009 | chapter = Rejection in cases of abuse or alienation in divorcing families | isbn = 9780470038581 | pages = | url=}}</ref><ref name=Bernet2008/><ref name=Bruch2001/><ref name=Wood1994/><ref name = Walker2004>{{cite journal | title = A Critical Analysis of Parental Alienation Syndrome and Its Admissibility in the Family Court | journal = Journal of Child Custody | last = Walker | first = LEA | coauthors = Brantley KL; Rigsbee JA | volume = 1 | issue = 2 | year = 2004 | doi = 10.1300/J190v01n02_03 | pages = 47-74 | url =}}</ref> The National Council of Juvenile and Family Court Judges rejected PAS and recommended it not be used for the consideration of child custody issues.<ref name=Ottaman2008>{{cite book | last = Ottaman | first = A | coauthors = Lee R | title = Encyclopedia of Interpersonal Violence | editor = Edleson JL; Renzetti, CM | publisher = ] | year = 2008 | pages = | chapter = Fathers' rights movement | isbn = 978-1412918008 | url = }}</ref> | |||
===Relation to the ''DSM''=== | ===Relation to the ''DSM''=== | ||
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===Scientific status=== | ===Scientific status=== | ||
Experts critical of PAS describe it as a ] that has not met the ] required to demonstrate that it is true, state that it has not been replicated except by its proponents<ref name = Emery2005>{{cite journal | last = Emery | first = RE | title = Parental Alienation Syndrome: Proponents bear the burden of proof | journal = Family Court Review | volume = 43 | issue = 1 | pages = 8-13 | year = 2005 | format = pdf | url = http://www.ncdsv.org/images/PASProponentsBeartheBurdenofProof_Emery_2005.pdf }}</ref> and research by other professionals has not substantiated some of its tenets.<ref name = Faller1998>{{cite journal | last = Faller | first = KC | year =1998 | title = The parental alienation syndrome: What is it and what data support it? | journal = Child Maltreatment | volume = 3 | issue = 2 | pages = 100–115 | url = http://www.leadershipcouncil.org/docs/Faller1998.pdf | format = pdf | doi = 10.1177/1077559598003002005}}</ref> Also cited are a variety of theoretical and practical problems (confusing a child's developmental reaction to a divorce with ], a vast overstatement of the number of ], ignoring the literature suggesting most allegations of child sexual abuse are well founded, ignoring efforts by one parent to protect their child from the abusive other parent, exaggerations of the damaging effects of parental alienation on children and proposing an unsupported and endangering remedy for PAS)<ref name = Bruch2001/><ref name = Drodz2009>{{cite book | last = Drozd | first = L | title = The Scientific Basis of Child Custody Decisions, 2nd Edition | editor = Galatzer-Levy RM; Kraus L & Galatzer-Levy J | publisher = ] | date = 2009 | chapter = Rejection in cases of abuse or alienation in divorcing families | isbn = 9780470038581 | pages = | url=}}</ref> Concern has also been expressed that PAS lacks adequate scientific support to be considered a ], and that Gardner has promoted PAS as a syndrome based on a vague clustering of behaviors.<ref name = Warshak2001/><ref name = Caplan2004/> | |||
Though Gardner's initial books on PAS were ] and not ]ed, subsequent articles have been published in peer reviewed journals,<ref name = Warshak2001/> though some of these were based on ] in the form of ].<ref name=Ackerman2001 /><ref>{{cite journal | url = http://www.ndaa.org/publications/newsletters/update_volume_16_number_6_2003.html | title = Parental Alienation Syndrome: What Professionals Need to Know Part 1 of 2 Update | volume = 16 | issue = 6 | year = 2003 | last = Ragland | first = ER | coauthors = Fields H | journal = American Prosecutors Research Institute Newsletter }}</ref> Gardner's writings published in both ]ed journals and legal decisions have been described as lacking both ] and ]<ref name=Bruch2001/><ref name=Wood1994/><ref name = Hoult2006/> and despite this, testimony regarding the evaluation of PAS is inappropriately viewed as reliable by ] judges. As of 2001 no studies had been published that directly evaluate whether different evaluators can arrive at the same diagnosis of the existence and severity of PAS<ref name = Warshak2001/> though a single problematic study in 2004 suggested practitioners could come to a consensus based on written reports.<ref name=Drozd2009/> | Though Gardner's initial books on PAS were ] and not ]ed, subsequent articles have been published in peer reviewed journals,<ref name = Warshak2001/> though some of these were based on ] in the form of ].<ref name=Ackerman2001 /><ref>{{cite journal | url = http://www.ndaa.org/publications/newsletters/update_volume_16_number_6_2003.html | title = Parental Alienation Syndrome: What Professionals Need to Know Part 1 of 2 Update | volume = 16 | issue = 6 | year = 2003 | last = Ragland | first = ER | coauthors = Fields H | journal = American Prosecutors Research Institute Newsletter }}</ref> Gardner's writings published in both ]ed journals and legal decisions have been described as lacking both ] and ]<ref name=Bruch2001/><ref name=Wood1994/><ref name = Hoult2006/> and despite this, testimony regarding the evaluation of PAS is inappropriately viewed as reliable by ] judges. As of 2001 no studies had been published that directly evaluate whether different evaluators can arrive at the same diagnosis of the existence and severity of PAS<ref name = Warshak2001/> though a single problematic study in 2004 suggested practitioners could come to a consensus based on written reports.<ref name=Drozd2009/> | ||
⚫ | Gardner disagreed with criticism of PAS as overly simplistic, stating that while there are a wide variety of causes on why a child may become alienated from a parent, the primary etiological factor in cases of PAS is the brainwashing parent, and that otherwise, there is no PAS.<ref name="Gardner2001b"/> Gardner also stated that those initially critical of PAS for being a ] were not directly involved with families in custody disputes and that criticisms of this nature faded by the late 1980s because the disorder was widespread.<ref name=Gardner2001/> | ||
===Clinical status=== | ===Clinical status=== | ||
PAS has been criticized for making ] with children who are alienated more confusing.<ref name = Warshak2001/> | PAS has been criticized for making ] with children who are alienated more confusing.<ref name = Warshak2001/> | ||
Gardner's analysis is criticized 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.<ref name=Waldron1996/> | 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 ], family dysfunction and a breakdown in ] between a parent and a child.<ref name=Jaffe2002 /><ref name=Ackerman2001 /><ref name = Warshak2001>{{cite journal | last = Warshak | first = RA | year = 2001 | title = Current controversies regarding parental alienation syndrome | journal = American Journal of Forensic Psychology | volume = 19 | issues = 3 | pages = 29-59 | format = pdf | url = http://www.rhfinc.org.au/docs/controversies.pdf }}</ref><ref name= Sparta2006/><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> Gardner's analysis is criticized 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.<ref name=Waldron1996/> | ||
⚫ | Gardner disagreed with criticism of PAS as overly simplistic, stating that while there are a wide variety of causes on why a child may become alienated from a parent, the primary etiological factor in cases of PAS is the brainwashing parent, and that otherwise, there is no PAS.<ref name="Gardner2001b"/> Gardner also stated that those initially critical of PAS for being a ] were not directly involved with families in custody disputes and that criticisms of this nature faded by the late 1980s because the disorder was widespread.<ref name=Gardner2001/> | ||
== |
==Views of PAS as sexist== | ||
PAS has been criticized by for being sexist, being used by fathers to marginalize legitimate fears and concerns about abuse, and |
PAS has been criticized by for being sexist, being used by fathers to marginalize legitimate fears and concerns about abuse, and women's groups and others oppose the legitimacy of PAS as a danger to children.<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 = 9780195145847 }}</ref> Gardner and Psychologist Amy Baker state that mothers and fathers equally likely to alienate, and stated (along with psychologist Amy Baker) that men are now equally likely to be PAS indoctrinators, and the deniers of PAS are hurting children and women who are victims of their husbands’ PAS indoctrinations.<ref name="Gardner2001b"/><ref name="Winerip2007">{{cite news | url = http://www.nytimes.com/2007/09/23/nyregion/nyregionspecial2/23Rparenting.html?_r=1&ex=1191124800&en=96e6ea8c81331e11&ei=5070&emc=eta1&oref=slogin | title = When Ties to a Parent Are Cut by the Other | last = Winerip | first = ML | date = 2007-09-23 | publisher = ] | work = ] | accessdate = 2008-12-20}}</ref> | ||
==In courts== | ==In courts== |
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Parental alienation syndrome (abbreviated as PAS) is a controversial syndrome formulated by Richard A. Gardner in which a child, on an ongoing basis belittles and insults a parent without justification, due to the indoctrination of one parent. PAS is believed to arise partly due to a child custody dispute, and in part as a result of the child's own behavior. PAS has been extensively criticized by legal and mental health scholars for lacking scientific validity and reliability. PAS is not admissable in courts in the United Kingdom, but has appeared in some family court disputes in the United States and Canada.
Overview
The initial research on PAS was performed primarily by the originator of the theory, Richard A. Gardner, who self-published most of this work using his own company. Gardner defined PAS in a 1985 journal 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" also stating that the indoctrination may be deliberate or unconscious on the part of the alienating parent.
PAS is thought to apply only in situations where there is no actual abuse or neglect. In cases of actual abuse or neglect, Gardner considered parental alienation the appropriate term because the child's alienation is justified.). Gardner divided PAS according to severity, with mild and moderate cases requiring family therapy with the most severe cases requiring the alienating parent and child be separated (also suggesting the alienating parent may be incarcerated). Researchers initially believed that mothers were the alienating parent in 90% of these cases, but Garner and others stated have stated that fathers and mothers are equally likely to be the alienating parent. Gardner and others state that children have been harmed by PAS, and that legal acceptance of its evaluation could be used to identify and help these children.
PAS is not recognized by the American Medical Association or the American Psychiatric Association, and is not included in the Diagnostic and Statistical Manual of Mental Disorders (DSM). The American Psychological Association declined to indicate a position on PAS, but raised concerns over its lack of supporting data and how the term is used. 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.
Supporters of PAS have advocated for April 25th to be recognized as Parental Alienation Awareness Day.
Reception
PAS has not been accepted by experts in psychology, child advocacy or the study of child abuse or legal scholars. However, Psychiatrist William Bernet states that the phenomena of PAS is almost universally accepted by medical health professionals. PAS has been extensively criticized by members of legal and mental health community, who state that PAS should not be admissible in child custody hearings based on both science and law. The National Council of Juvenile and Family Court Judges rejected PAS and recommended it not be used for the consideration of child custody issues.
Relation to the DSM
PAS is not included in the Diagnostic and Statistical Manual of Mental Disorders (DSM). In 2002, Gardner published a letter in Men's News Daily urging therapists, parents and lawyers to write to the committees working on the fifth publication of the DSM to give evidence that it exists and to include PAS in the next version. Gardner stated that it was not included in the 1994 release of the DSM due to a lack of peer reviewed articles, but since then many new publications and court rulings have been released. In 2008, Psychiatrist William Bernet provided arguments for including parental alienation disorder in the next edition of the DSM.
Scientific status
Experts critical of PAS describe it as a hypothesis that has not met the burden of proof required to demonstrate that it is true, state that it has not been replicated except by its proponents and research by other professionals has not substantiated some of its tenets. Also cited are a variety of theoretical and practical problems (confusing a child's developmental reaction to a divorce with psychosis, a vast overstatement of the number of false allegations of child sexual abuse, ignoring the literature suggesting most allegations of child sexual abuse are well founded, ignoring efforts by one parent to protect their child from the abusive other parent, exaggerations of the damaging effects of parental alienation on children and proposing an unsupported and endangering remedy for PAS) Concern has also been expressed that PAS lacks adequate scientific support to be considered a syndrome, and that Gardner has promoted PAS as a syndrome based on a vague clustering of behaviors.
Though Gardner's initial books on PAS were self-published and not peer reviewed, subsequent articles have been published in peer reviewed journals, though some of these were based on anecdotal evidence in the form of case studies. Gardner's writings published in both peer reviewed journals and legal decisions have been described as lacking both validity and reliability and despite this, testimony regarding the evaluation of PAS is inappropriately viewed as reliable by family court judges. As of 2001 no studies had been published that directly evaluate whether different evaluators can arrive at the same diagnosis of the existence and severity of PAS though a single problematic study in 2004 suggested practitioners could come to a consensus based on written reports.
Clinical status
PAS has been criticized for making clinical work with children who are alienated more confusing.
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. Gardner's analysis is criticized 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.
Gardner disagreed with criticism of PAS as overly simplistic, stating that while there are a wide variety of causes on why a child may become alienated from a parent, the primary etiological factor in cases of PAS is the brainwashing parent, and that otherwise, there is no PAS. Gardner also stated that those initially critical of PAS for being a caricature were not directly involved with families in custody disputes and that criticisms of this nature faded by the late 1980s because the disorder was widespread.
Views of PAS as sexist
PAS has been criticized by for being sexist, being used by fathers to marginalize legitimate fears and concerns about abuse, and women's groups and others oppose the legitimacy of PAS as a danger to children. Gardner and Psychologist Amy Baker state that mothers and fathers equally likely to alienate, and stated (along with psychologist Amy Baker) that men are now equally likely to be PAS indoctrinators, and the deniers of PAS are hurting children and women who are victims of their husbands’ PAS indoctrinations.
In courts
United States
PAS has been cited as part of the child custody determination process in the United States. Based on the evaluation of PAS, courts in the US have awarded sole custody to some fathers. PAS has been challenged under the Frye test, to evaluate if it has been accepted by the scientific community. Gardner states that after Frye hearings, courts in Florida and Illinois have ruled that the evaluation of PAS is admissible in their respective courts of law, and he adds that these courts have concluded that PAS passes the Frye test because it has received widespread acceptance in the scientific community. Despite Garnder's claims, a 2006 analysis of legal decisions associated with PAS found that these decisions do not set legal precedent, PAS is viewed negatively in most legal scholarship, and that Gardner's writings do not support the existence of PAS. Of sixty-four precedent-bearing cases, only two decisions, both in New York State and both in criminal courts actually set precedents. Both held PAS inadmissable and one case found that PAS failed the Frye test as the appropriate professional community did not generally accept; this decision was upheld in an appellate court. Gardner listed fifty cases on his website that he claimed set precedents that made PAS admissable, but none actually did; forty six set no precedents or did not discuss admissability and the remaining four were problematic. One case stated that PAS passed the Frye test, but the appeal did not discuss the Frye test and actually " out the words "'parental alienation syndrome'" and focused on the "willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the parents and the child." In the second case the appellate court did not discuss PAS; the third case specifically chose not to discuss the admissability of PAS and the fourth made no decision on PAS.
Canada
A research report by the Canadian Department of Justice describes PAS as "empirically unsupported" and favors a different framework for dealing with issues of alienation that has more research support.
United Kingdom
In the United Kingdom, the admissibility concerning the evaluation of PAS was rejected both in an expert review, and by the Court of Appeal.
History
It has been suggested that the symptoms of PAS have been described in the mental health literature since the 1940s. PAS was first defined by in a 1985 journal article by Gardner entitled "Recent Trends in Divorce and Custody Litigation" drawing upon his clinical experiences since the early 1980s. and repeated this definition as unchanged in 2001. Originally PAS was conceived of as an explanation for the increase in the number of reports of child abuse in the 1980s. Initially Gardner believed parents (usually the mother) made false accusations of child abuse and sexual abuse against the other parent in order to prevent further contact between them, but later Gardner qualified that in his experience accusations of sexual abuse were not present in the vast majority of cases of PAS and that fathers and mothers were equally likely to be the alienating parent. Gardner stated that by 1998, an increase in the awareness of PAS had lead to it being misapplied as a legal maneuver.
Gardner died in 2003, but later scholars have continued to research and publish about PAS.
References
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{{cite journal}}
: Cite journal requires|journal=
(help) - ^ Gardner, RA (2001). "Parental Alienation Syndrome (PAS): Sixteen Years Later". Academy Forum. 45 (1): 10–12. Retrieved 2009-03-31.
- ^ 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}}
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(help) - ^ 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.
- ^ Hoult, JA (2006). "The Evidentiary Admissibility of Parental Alienation Syndrome: Science, Law, and Policy". Children's Legal Rights Journal. 26 (1).
- ^ Fortin, Jane (2003). Children's Rights and the Developing Law. Cambridge University Press. pp. 263. ISBN 9780521606486.
- ^ Bainham, Andrew (2005). Children: The Modern Law. Jordans. pp. 161. ISBN 9780853089391.
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- ^ Jaffe, PG (2002). Child Custody & Domestic Violence. SAGE Publications. pp. 52–54. ISBN 9780761918264.
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- ^ 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.
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- ^ Comeford, L (2009). "Fatherhood Movements". In O'Brien J (ed.). Encyclopedia of Gender and Society. Vol. 1. SAGE Publications. pp. 285. ISBN 9781412909167.
- ^ Caplan, PJ (2004). "What is it that's being called Parental Alienation Syndrome". In Caplan PJ; Cosgrove L (ed.). Bias in psychiatric diagnosis. Rowman & Littlefield. pp. 62. ISBN 9780765700018.
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- ^ 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.
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: CS1 maint: multiple names: editors list (link) - Walker, LEA (2004). "A Critical Analysis of Parental Alienation Syndrome and Its Admissibility in the Family Court". Journal of Child Custody. 1 (2): 47–74. doi:10.1300/J190v01n02_03.
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- 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.
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: CS1 maint: multiple names: editors list (link) - ^ Warshak, RA (2001). "Current controversies regarding parental alienation syndrome" (pdf). American Journal of Forensic Psychology. 19: 29–59.
{{cite journal}}
: Unknown parameter|issues=
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- 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.
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{{citation}}
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