What is Parental Alienation
It refers to a process whereby one parent has a tendency of making the child develop a negative attitude towards the other parent. It is quite common especially when couples are involved in turbulent divorce proceedings or child custody hearing. These are strategies such as belittling, manipulating, restricting access, controlling, and isolating the other parent from the child’s life. Consequently, the child becomes unjustified in discarding the targeted parent.
Behaviors That Constitute Parental Alienation
There are several clear behaviors that are seen as parental alienation:There are several clear behaviors that are seen as parental alienation:
– Accusing the other parent of child abuse even when it is not the truth
– Restricting the child’s access to the targeted parent
– Restrictions and limits on parenting time and contact
– Profanity and belittling the other partner in the presence of the child
– Making the child to make a decision between the two parents
Effects of Parental Alienation on The Child
Parental alienation can profoundly impact a child leading to both short-term and long-term consequences:parental alienation can profoundly impact a child leading to both short-term and long-term consequences:
– Distressed parent-child relationship, particularly with the targeted parent
– Emotional effusion and psychological disorders
– Lack of self-worth and self-acceptance
– Lack of trust
– Substance abuse
– Behavioral issues
The Role of Parental Alienation in Child Custody Cases
Parental alienation is considered a serious issue in child custody disputes for several reasons:Parental alienation is considered a serious issue in child custody disputes for several reasons:
Parental Alienation as a Form of Child Abuse
Most professionals, as well as judicial systems, accept parental alienation as a form of abuse and mistreatment of the child. Lack of affection and rejection are regarded as poor child rearing practices. It is gradually getting a legal definition akin to “child abuse” from the perspective of a court of law.
Impact on Best Interest of The Child Determination
Parental alienation itself is not only a violation of the “best interest of the child” legal principle that family courts apply to establish custody rights and duties. In this paper, various forms of parental alienation behaviors that harm the child’s emotional, psychological, and developmental health and well-being are discussed. The current courts have incorporated parental alienation into the best interest test.
Shows Lack of Co-Parenting Skills
Parental alienation shows that the alienating parent cannot perform work or share parenting duties with the other parent without conflict. However, an opportunity to cooperate and enable the child to maintain contact with both parents remains a significant factor when determining custody.
Results in Limited or No Custody for Alienating Parent
In severe cases of parental alienation, the courts understand that awarding primary or joint physical or legal custody to the alienating parent could worsen the situation. Therefore, the alienating parent is allowed only limited or no access to the children, all in a bid to preserve the contact with the alienated parent.
Challenges in Addressing Parental Alienation
While courts are beginning to factor parental alienation into custody cases, there remains many complexities around the issue:While courts are beginning to factor parental alienation into custody cases, there remains many complexities around the issue:
Lack of Education and Training
A recent survey suggested that there is a relative awareness deficit on the psychological manipulation strategies, behavioral symptoms, and effects of parental alienation among the custody case judges. There is very limited education and training for experts diagnosing alienation and how severe it is.
Claims of False Allegations of Alienation
More and more, forms and complaints indicate that ‘parental alienation’ is falsely invoked by abusive parents to hide genuine safety concerns raised by the other party. This is still a field that is still under research by various authors.
Enforcement of Court Orders
It remains difficult for the courts to prevent the favoured parent from denying access to the child as per the court orders. Furthermore, the process of reversing the psychological manipulation is not easy.
Recommendations for Addressing Parental Alienation
There are some best practices emerging for tackling complex parental alienation cases:There are some best practices emerging for tackling complex parental alienation cases:
Specialized Education for Family Court Practitioners
More efforts have to be devoted to raising awareness about alienation among judges, parenting coordinators, child custody evaluators, guardians ad litem, and other professionals who work within the framework of the family courts.
Court-Ordered Interventions
Courts have to adopt strict measures such as court mandated counseling, restricted access to the child by the alienating parent and visitation in the presence of a third party to counter manipulate.
Support for Targeted Parents
Maltreating parents require support group, individual counseling, and parenting classes to reconcile with the alienated child.
Detailed Parenting Plan with Safeguards
Thus, it is imperative for the experts to come up with specific parenting plans for certain severities of alienation with measures that can prevent further manipulation.
For the most part, family courts are becoming more aware of the negative effects of parental alienation and how it influences the allocation of custody. However, there are still concerns about how alienation should be correctly diagnosed, and whether there are adequate treatment plans in place. The advocates are convinced that through enhanced awareness among court professionals and the effective policies directed at the alienation, the situation can be significantly enhanced for children and parents.