Parental Alienation in Modern-Day Divorce

Parental alienation is a controversial diagnosis but a common concern in modern-day divorce. Psychology and legal professions disagree on using the term Parental Alienation. Still, both fields recognize the harm that parents can do to one another and their children in a high-conflict divorce.

What is parental alienation, and why is it so controversial? According to Wikipedia, parental alienation “describes a process through which a child becomes estranged from a parent due to 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 controversy involves whether this action is a form of child abuse, family violence, or a criminal act. It should not be used as a formal diagnosis and may not be allowable in a legal court battle. However, it is useful to know the behavioral characteristics of a parent or child to navigate this painful reality of modern-day divorce.

“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. Still, some courts have allowed the concept to be argued as relevant to determining the child’s best interest 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.” (Wikipedia)

Parental alienation places the child in a “loyalty bind” where they must choose between parents. To resolve this inner conflict, they will start to prefer one parent over the other. They may refuse to go with the non-preferred parents when it is their time for custody, and they may make false claims or accusations against the non-preferred parent.

One reason for alienation and loyalty binds is to view what is in the “best interest” from a legal vs. a psychological perspective. From a legal view, child custody is determined by “who the child belongs to” vs. a psychological view of “who belongs to the child.”

This is not merely semantics. Many people could belong to the child’s emotional security. The legal viewpoint is rigid and creates one winner and multiple losers in the custody situation.

In high-conflict divorce situations where alienation may occur, all family members can engage professional support and guidance. Family therapists and mediators can be essential to reduce estrangement and manipulation and set a straightforward course of behaviors to prevent harm to children and their parents.

Source: https://en.wikipedia.org/wiki/Parental_alienation#:~:text=Parental%20alienation%20describes%20a%20process,to%20additional%20relatives%20or%20parties.

Divorce and Parental Alienation

Parental alienation syndrome (abbreviated as PAS) is a term coined by Richard A. Gardner in the early 1980s to refer to what he describes as a disorder in which a child, on an ongoing basis, belittles and insults one parent without justification, due to a combination of factors, including indoctrination by the other parent (almost exclusively as part of a child custody dispute) and the child’s own attempts to denigrate the target parent.[1] Gardner introduced the term in a 1985 paper, describing a cluster of symptoms he had observed during the early 1980s.[1]

Parental alienation syndrome is not recognized as a disorder by the medical or legal communities and Gardner’s theory and related research have been extensively criticized by legal and mental health scholars for lacking scientific validity and reliability.[2][3][4][5][6] However, the separate but related concept of parental alienation, the estrangement of a child from a parent, is recognized as a dynamic in some divorcing families.[2][7][8] Psychologists differentiate between parental alienation and parental alienation syndrome by linking parental alienation with behaviors or symptoms of the parents, while parental alienation syndrome is linked to hatred and vilification of a targeted parent by the child.[9]

The admissibility of PAS has been rejected by an expert review panel and the Court of Appeal of England and Wales in the United Kingdom and Canada’s Department of Justice recommends against its use. PAS has appeared in some family court disputes in the United States.[10][11] Gardner portrayed PAS as well accepted by the judiciary and having set a variety of precedents, but legal analysis of the actual cases indicates this claim was incorrect.

Source: https://en.wikipedia.org/wiki/Parental_alienation_syndrome