There is considerable debate surrounding the concept known as
“Parental Alienation”. It is important to know what it means and to be very careful about diagnosing any situation as
“alienation” without consulting with both legal and mental health experts.
Parental alienation
is defined as a scenario when one parent manipulates a child into rejecting or fearing the other parent, often during or after a divorce. This harmful behavior, if it exists, can not only damages the child's relationship with the alienated parent but can also have long-term psychological effects on the child.
Properly recognizing and addressing parental alienation is essential for safeguarding both the child’s well-being and the rights of the alienated parent.
Parental alienation syndrome
(PAS) is a term introduced by
child psychiatrist
Richard Gardner in 1985[. As he defined it, it
involves deliberate efforts by one parent to undermine the relationship between the child and the other parent. These behaviors may, in some cases,
include:
- Speaking negatively about the other parent in front of the child
- Limiting contact between the child and the other parent
- Manipulating the child to feel fear, anger, or resentment toward the other parent
- False allegations of abuse or neglect
Parental alienation
may escalate during contentious custody disputes and may significantly impact the court’s decisions regarding custody and visitation rights.
Children who are victims of parental alienation may exhibit the following behaviors:
- Unjustified Rejection: The child suddenly rejects one parent without any valid reason.
- Excessive Criticism: The child adopts the alienating parent’s negative opinions of the other parent.
- Lack of Ambivalence: The child views one parent as entirely good and the other as entirely bad, without recognizing nuances in their behavior.
- Absence of Guilt: The child shows no remorse for treating the alienated parent poorly.
- Borrowed Narratives: The child uses language or accusations that seem rehearsed or beyond their level of understanding.
Parental alienation
may
significantly influence child custody cases. California courts prioritize the best interests of the child, which include maintaining a healthy and meaningful relationship with both parents. Demonstrating evidence of parental alienation can lead to adjustments in custody arrangements, such as:
- Awarding more custody time to the alienated parent
- Mandating therapy or counseling for the child
- Imposing sanctions on the alienating parent
1. Document Incidents Keep detailed records of instances of alienation, including text messages, emails, and any observable changes in your child’s behavior. This documentation can serve as evidence in court.
2. Maintain Contact with Your Child
Even if the alienating parent attempts to limit access, make every effort to stay connected with your child. Sending letters, messages, or making regular attempts to visit can demonstrate your commitment to the relationship.
3. Avoid Retaliation
Do not engage in similar alienating behaviors. Courts frown upon any behavior that harms the child’s relationship with either parent. Focus on building a positive and supportive environment for your child.
4. Seek Professional Help
Engage a therapist or counselor experienced in parental alienation to support your child and address the psychological harm caused by alienation.
5. Work with Legal Professionals
Seasoned family law counsel can help
can help you navigate the legal system, gather evidence, and advocate for custody or visitation modifications to protect your relationship with your child.
When it is found to exist, courts take parental alienation seriously. It has been shown in certain situations to harm the child’s emotional well-being. In those situations, the court may:
- Modify custody orders to limit the alienating parent’s influence
- Mandate counseling or therapy for the child and parents
- Impose supervised visitation for the alienating parent in extreme situations.
- Hold the alienating parent in contempt of court if their actions violate custody orders
Parental alienation is a serious issue that can disrupt parent-child relationships and impact a child’s emotional health. Addressing this concern requires a combination of legal action,
mental health
support
(both parent and child), and a focus on rebuilding trust with your child.
Call: 949-756-0684
Email: dgold@tldlaw.com
Disclaimer
This information outlines a few of the concepts that surround parental alienation in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.
