Education and Child Matters

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Parental Alienation

 

Before you read this webpage on Parental Alienation, please find below the definition of some words and terms we will use in this write-up.

  1. THE RESIDENT PARENT – A resident parent is the parent the child lives with for the majority of the time during the week. Another name for a resident parent is a custodial parent.
  2. THE NON-RESIDENT PARENT – A non-resident parent is the parent that moves out of the family home and starts to live elsewhere. They do not live with the child. Another name for a non-resident parent is non-custodial parent or absent parent. 
  3. THE SAFE PARENT – A safe parent is the parent who is not harming or abusing the child and is doing whatever they can to keep them safe.
  4. THE ABUSIVE PARENT – An abusive parent is the parent who is causing their child mental and/or physical harm. This behaviour may also be extended to the other parent.

Parental Alienation Syndrome is a term and diagnosis introduced 30 years ago by child psychiatrist. Richard A. Gardner. 

Gardner’s work primarily focused on child custody and parental alienation in court cases and other child-related court issues, such as allegations of abuse not just by a parent but in community and religious groups.

In cases where abuse was alleged, Gardner created the theory as a defence to suggest that the safe parent deliberately taught the child against the abusive parent. The safe parent was engaging in this diverse practice to interfere with the parent-child relationship. And this relationship should be protected at all costs, even when abuse has been proven. The safe parent doing this in these circumstances was diagnosed by his theory as having Parental Alienation Syndrome (PAS).

Parental alienation alongside parental alienation syndrome (PAS) are now referred to as the same thing and have no scientific theory or studies behind them. Much of the alleged research was anecdotal and has yet to be peer-reviewed. 

Parental alienation and parental alienation syndrome (PAS) holds no medical credibility. It is a theory that has been debunked and rejected by many respected academics and abuse advocates. And neither is it accepted as a legitimate theory by many credible and reputable institutions, professional associations and organisations, including  American Psychiatric associates. In 2022, it was also removed as a concept by the World Health Organisation. 

Although it was not created solely for the family court, it has become a legitimate concept there. Not just in the UK but worldwide. 

HOW IS IT CURRENTLY USED IN THE FAMILY COURT?

At present, parental alienation is used as a counter argument for domestic violence in family courts. The perpetrator (often the non-resident parent) will say that the victim (the safe parent, usually the resident parent) is making up allegations of domestic abuse and violence to alienate the perpetrator from the children. In these cases, the victim/resident parent will be portrayed as a liar trying to manipulate the situation to hurt the non-resident parent. 

This defence has been proven to be quite effective and successful, hence why it is used vastly by defence barristers. 

WHY DOES IT PROVE SUCCESSFUL IN THE FAMILY COURT?

  1. This has been allowed for several reasons: misunderstanding of abuse, coercive control, and post-separation abuse.
  2. Other myths such as, “if it were that bad, she’d have left” etc.
  3. A lack of training for the family court, its magistrates, and judges.
  4. A lack of training for those working alongside the family court, such as social workers, the police and cafcass officers.
  5. It has earnt many legal professionals a lot of money.
  6. It has also given way to Parental Alienation Experts, who charge privately to compile reports and opinions for family court cases. They do not need to have formal training or qualifications in this field.

THE EFFECT, AND DANGERS,  OF PARENTAL ALIENATION

Courts take parental alienation very seriously. It is known that many victims will think twice about making abuse allegations in case they are accused of parental alienation. This can lead to the wrongful removal of a child from the safe parent and custody given to their abuser. 

EXPERTS WHO SPEAK OUT AGAINST PARENTAL ALIENATION 

Credible and experienced experts widely accept that it is a tactic deliberately used to discredit the safe parent when they ask the court to limit contact between them and their child from their abuser. There is a widely held belief that PA and PAS is a post-separation abuse tactic in court and a biased concept. 

There is a considerable movement to have parental alienation removed as a theory in our family court. That is not to say that there are no cases where children are alienated. These types of cases are known as alienating behaviours, where there is no abuse to protect the child from. 

WHAT SHOULD YOU DO IF YOU ARE ACCUSED OF PARENTAL ALIENATION?

If you have disclosed abuse to the family court and are met with an accusation of parental alienation, the first thing to do is stay calm. Do not panic. Seek expert advice.

Many domestic abuse organisations see the accusation of parental alienation as a post-separation abuse technique. They will understand what is happening to you and be able to guide you forward. Or you can visit our forum, where you can seek help from others who have been in the same position. 

LINK TO OUR L.I.P HELP GUIDE FOR CONNECT WITH REGISTERED CHARITIES THAT COULD HELP YOU

BUT I’M STILL HEARING THE TERM PARENTAL ALIENATION.

Some professionals still use the term, in good faith, to refer to alienating behaviours. Until recently, even organisations like Cafcass were using the term parental alienation.

CAFCASS REISSUES ITS POSITION ON PARENTAL ALIENATION.