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Parental alienation syndrome

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Parental alienation syndrome (PAS, also referred to 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. Gardner and others state that PAS arises 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. Parental alienation syndrome is criticized by some members of the legal and mental health communities as lacking in scientific validity and reliability. PAS has been accepted as evidence in custody cases in the United States and in one ruling in Canada, but was considered inadmissible in the United Kingdom.

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 Psychiatric Association declined to indicate a position on PAS, but raised concerns over its lack of supporting data and how the term is used.

Overview

PAS only applies in situations where actual abuse or neglect by the alienated parent has not occurred, Gardner suggested parental alienation be used as the appropriate term as the child’s hostility may be justified. Gardner stated that by 1998, an increase in the awareness of PAS has lead to an increase in its misapplication as an exculpatory legal maneuver.

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 alienating parent and child be separated (with possible incarceration for the alienating parent).

History

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. Gardners initial books on PAS were self-published and were not peer reviewed, though subsequent articles about PAS have been published in peer reviewed journals.

PAS originated as an explanation for an increase in the reported incidence of child abuse and Gardner originally stated that the mother was the alienator in 90% of cases of PAS. According to Gardner, 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. However Gardner later stated 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.

The National Council of Juvenile and Family Court Judges rejected PAS and recommended it not be used for the consideration of child custody issues. 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.

Psychiatrist William Bernet provided arguments for including parental alienation disorder in the next edition of the 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.

Those who support the legal recognition of PAS state that April 25th is Parental Alienation Awareness Day.

Reception

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. Critics state that even though PAS has not been recognized by any major mental health or legal organization, the evaluation of PAS has been accepted by courts.

Critics describe it as a hypothesis that has not met the burden of proof demonstrating that it is true, and has not been replicated except by its proponents. They further state that PAS contains a variety of theoretical and practical problems, and that research by other professionals has not substantiated some of its tenets. Critics add 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. Proponents for the legal recognition of PAS disagree, and some believe that PAS meets the more stringent definition of a disorder.

The contents of some of the articles published in peer reviewed journals were based on anecdotal evidence in the form of case studies. Critics state that Gardner's writings published in both peer reviewed journals and legal decisions, PAS lacks both validity and reliability, and that testimony regarding the evaluation of PAS is inappropriately viewed as reliable by family court judges. Those who wish to see PAS legally recognized state that a study of the reliability of the evaluation of alienated children demonstrates a high rate of agreement for the identification of PAS.

PAS has also been criticized for making clinical work with children who are alienated more confusing. Proponents for the recognition of PAS state that children have been damaged by parental alienation, and that legal acceptance of the evaluation of PAS can be used to help these children by identifying parents who initiate PAS.

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 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. Proponents state that symptoms of the disorder have been described in the mental health literature since the 1940s, long before Gardner described PAS.

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.

PAS has been criticized by feminists for being sexist. 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. Advocates for both sides state that they are trying to help children.

Gardner disagreed that recognition of PAS is sexist. Gardner and psychologist Amy Baker state that men are now equally likely to be PAS indoctrinators, and the deniers of PAS are hurting women who are victims of their husbands’ PAS indoctrinations.

In courts

Canada

Gardner states that a criminal court in Durham County, Ontario ruled that the PAS satisfied Mohan requirements for admissibility. 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.

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. In a 2006 analysis of legal decisions associated with PAS by Gardner, Jennifer Hoult states 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.

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

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