Who needs to know parental alienation laws? Everyone! Although few laws currently exist in the United States to protect against parental alienation, courts will still take this into consideration during divorce and custody cases. By following the proper steps and working within existing laws, you can prove your allegations of parental alienation and help ensure your children’s safety. Taking these measures and learning clearly about parental alienation laws will also protect yourself from the potential consequences of alienated parenting.
Parental Alienation – What is That?
Parental alienation is the psychological manipulation of children by one parent against the other. This type of manipulation, if successful, can substantially hamper custody and visitation rights, as well as seriously impair your children’s emotional and mental health, completely changing their perceptions of the alienated parent.
Parental alienation occurs when one spouse manipulates the children’s testimonies to gain custody of the children during a divorce or to change their present parenting arrangements.
Get to Know Parental Rights and Parental Alienation Laws
Each parent has a right to see their children before a divorce or custody battle. However, this can change in cases of abuse, criminal charges, and other potential dangers that one parent may present. When custody meetings or litigation take place, an arrangement is decided among the couple or by a judge depending on the level of animosity between the two parents.
Parental alienation occurs when one parent attempts to sabotage the relationship between the child and the other parent. This can happen in a number of ways, including:
- The alienated parent’s children may give testimony against them. Children who experience parental alienation are often coerced into thinking poorly of the estranged parent. They might provide negative testimony against that parent in court, deeming any chance of regaining custody unlikely.
- If an estranged parent is slandered or lied to, it can damage their character or reputation. Parental alienation usually occurs when one parent feeds their children false information about the other parent. If these details are mentioned in court or if the influenced children confirm them, it could damage the alienated parent’s image and decrease their opportunities of getting custody.
- If the children are not supervised, they could be placed in a harmful environment. If the parent drives a wedge between the children and another parent convincing them they are safe with one parent and unsafe with another, when in reality it may be the opposite, that parent might gain custody. Unfortunately, this could mean the kids are subject to any number of risks–particularly if the custodial parent abuses drugs or alcohol or doesn’t provide adequate care.
Parental alienation is putting children’s welfare at risk, so other countries have made laws against it. Though America doesn’t have any anti-parental alienation laws yet, this does not mean that courts never take it into consideration.
The Current Parental Alienation Law in the United States
Although the United States has very few parental alienation laws, which go against this crime, this does not stop courts from preventing it or taking it into consideration. A number of court cases in the past two decades have demonstrated this, including:
- Schulz v. Schulz. A 1991 Florida court case involving parental alienation set a legal precedent that has effectively prevented future instances of this damaging phenomenon.
- Spencley v. Spencley. In 2000, a Michigan court found that the parents were both guilty of harming their children by turning them against each other. The court removed the children from both parents and charged the with crimes such as neglect and child abuse.
Along with taking action to stop parental alienation in the home, many courts now acknowledge “Parental Alienation Syndrome” (PAS) as being indicative of child abuse caused by parental alienation. PAS describes specific children’s symptoms that can result from parental alienation, even though it cannot be diagnosed as a condition. When combined with other types of evidence, PAS can have a huge impact on the court’s ruling about custody arrangements. It is also probable that PAS will play an important role in future legislation surrounding parental alienation, particularly if it becomes categorized as a legitimate psychological illness.
How Can I Prove Parental Alienation?
Despite the lack of specific parental alienation laws in the United States, there are still ways to use signs of parental alienation and PAS symptoms to strengthen your case against the parent causing the alienation. Additionally, keep the following things in mind when attempting to prove parental alienation.
#1 Gather witnesses
Firstly, try to get in touch with anyone who may have seen the events transpire and are willing to vouch for you in court. If your children have been forcefully brainwashed against you by their other parent, it’s probable that those around them- such as teachers, daycare assistants, doctors, or any other professionals- have also noticed these worrying signs. Therefore, speak with these individuals about what happened; explain your issues and mention that you would appreciate if they supported you during the trial.
If you think your children are victims of parental alienation abuse, avoid involving them in any potential witness interactions as much as possible. They’re already experiencing emotional trauma from the alienation, so don’t put them in the middle of further conflict unnecessarily. That being said, if your lawyer believes an interview or interrogation could help expose instances of parental alienation, this might be an option worth considering – but make sure to weigh all risks before deciding what’s best for your family.
#2 Document everything
Although there is no law explicitly prohibiting parental alienation, documentation serves as key evidence in these types of case. As such, it falls on you to collect what you need. Every interaction with your ex should be recorded, which includes but is not limited to:
- Emails. Emails provide an accurate account of what was said, so if your ex were to constantly criticize your character or admit any wrongdoing in their emails to you, this would be excellent evidence to bring to court and prove parental alienation.
- Texts. Texts are not just for communicating with friends–they can also be used as evidence in court.
- Social Media. Although it’s not the nicest thing to do, you can use social media gossip to your advantage. Anything your ex posts on their social platforms is usable as leverage against them in court. You’re also able to monitor your children’s accounts, which may give more indications of PAS.
#3 Participate in reunification therapy
On a more personal level, reunification therapy can assist bridge the gap between you and your children that your ex has built. This method can not only strengthen your relationship with children, but it can also show you how deeply parental alienation affects them. You’ll be better prepared to go to court if you understand their point of view and realize how much power your ex has over what they think.
Parental Alienation Litigation and Trial
Because there is little to no parental alienation law, you will need a lot of evidence from the methods mentioned if you want to prove this is an issue. And as always, during any meeting or trial it’s important that you remain calm and respectful, no matter what happens.
Work alongside your attorney to show the court how much alienation is taking place, how it is negatively impacting your children (and therefore your relationship with them), and what evidence you have gathered. With enough solid organization and documentation, parental alienation will become a part of your custody case for sure.
Donna Nguyen – Family Lawyer
Donna is a family law solicitor admitted in the Supreme Court of New South Wales with a double degree in Business and Law. Donna is drawn to family law as…
Parental alienation happens when one parent deliberately undermines and damages the relationship that the other parent has with their child.
After a divorce or separation, you, your ex-spouse, and your children may be feeling vulnerable which could affect your child’s relationship with you or the other parent.
In most cases, it is normal to go through a rough patch after the trauma of parents splitting. In other situations, the change in behaviour occurs because of parental alienation.
This article will go into the symptoms, the effects and the legal implications of parental alienation. It will also give you some tips on how you can recognise it, and what to do if your child is experiencing it.
As always, if you or your child are in immediate danger please call the police on 000 or 1800 RESPECT.
What is parental alienation?
Parental alienation is when one parent tries to turn their child against the other parent. It may cause the parents to become competitive and fight for the child’s affection.
Parental alienation can occur when one parent makes nasty comments, manipulates or makes untrue allegations of abuse. These comments are made to influence the child and may result in the child hating and refusing to spend time with one of the parents.
When parental alienation occurs, it can lead to the child’s relationship with one of their parents breaking down. That can create issues, such as hostility, between the alienated parent and the child. The child may even refuse to see one of their parents. This may inadvertently cause psychological harm to the child.
Either parent, regardless of gender is just as likely to do the alienating. There is no evidence to say that either gender is more responsible. The alienator is more likely to be the person who is the primary carer of the children as they may have more ‘influence’.
Parental alienation may destroy the bond that a parent has with their children, even if they previously had a good relationship.
It is an unjustified campaign of denigration where one parent almost exclusively makes negative comments about the other parent in the child’s presence. This may be based on a false opinion that the alienated parent is unfit and unworthy.
Examples of parental alienation
Example 1
Betty and Christopher separate. They have two children together, Natalie and Timothy.
Betty has a vendetta against Christopher and starts a campaign of denigration, which involves telling Natalie and Timothy that Christopher has a new girlfriend and doesn’t want to spend time with them. Betty also says that Christopher prefers to spend time with his new girlfriend and her kids.
Natalie and Timothy start to feel as if Christopher doesn’t care about them. If they do still spend time with him, their relationship is strained, and eventually, they refuse to see him.
Even if the allegations are not true, the constant bad-mouthing is a form of parental alienation.
Example 2
Tanya and Peter recently divorced under acrimonious conditions. They have three children. Tanya says that Peter was cheating on her and that is why they split. Even if this is not true, the children refuse to spend any time with Peter. This is even if a court order said that the children should spend equal parenting time with both of their parents.
Peter is an alienated parent because Tanya has been turning her children against him.
What is parental alienation syndrome (PAS)?
Parental Alienation Syndrome was first described by American psychologist Richard Gardner in 1985. It also features as a recognised mental health condition in the Diagnostic and Statistical Manual of Mental Disorders.
A child cannot be diagnosed with it, however, it can still have devastating mental health effects.
Parental alienation is a form of child abuse
International researchers have concluded that parental alienation is a form of child abuse or family violence. When one parent comes between the relationship their child has with the other parent it can have devastating effects, including the child becoming estranged from the alienated parent.
Estrangement from a parent contradicts the principles behind the Family Law Act 1975 (Cth), which says that children have a right to a meaningful relationship with both of their parents.
The effects of parental alienation are much greater than initially thought, with a US study concluding that 13.4% of American parents reported they had been the targeted parent in a case of parental alienation at some point in their life.
There is still misunderstanding and even denial around parental alienation. Researchers have found that intervention may improve parental alienation outcomes.
It is harder however to distinguish parental alienation from children becoming estranged from one of their parents for valid reasons, such as cases involving family violence. One method of distinguishing the two is to establish if the child’s rejection is justified. If the child was physically abused or witnessed family violence then it may be justified.
Children may also cling to an abusive parent because of the programming and emotional manipulation that they have experienced.
Due to increasing knowledge, parental alienation is commonly being described as emotional abuse which may have serious psychological harm to the child.
It typically occurs when one of the child’s parents has sole parental responsibility after a divorce or separation. It more commonly occurs in acrimonious legal proceedings when one parent wants to win child custody at all costs. One parent may feel as if undermining the other parent will strengthen their case. In reality, it is harmful to the children involved. It may also hurt the alienated parent because they are unable to have a meaningful parent child relationship.
The Effects of Parental Alienation on Children?
Parental alienation can have long-term consequences. Psychosocial problems in children might include poor social-emotional development, an inability to trust, and social anxiety.
According to studies, children who have experienced parental alienation are more prone to hurry into partnerships and are more likely to divorce later in life. They may also have more children outside of relationships. There is also a greater likelihood that they will become estranged from whatever children they do have.
Another consequence of parental estrangement is that the child lacks self-sufficiency, autonomy, and decision-making skills. They may also be overly reliant on the parent who is alienating them. When people who have experienced parental estrangement reach maturity, they may be unable to function as adults.
Scientists throughout the world are still studying the impacts of parental alienation, but it is currently classified as a type of emotional abuse.
FAQs of Parental Alienation Laws
How do the courts perceive parental alienation and parental alienation laws?
In cases involving parental alienation, the court will give particular attention to the reasons behind a child’s hostile behavior toward a parent. The behavior could be based on past experiences, or it could be irrational and imprinted by the alienator. Herein lies the importance of documentary proof.
Can I sue my ex for parental alienation in court?
Under California law, parental alienation is neither a crime nor a basis for a lawsuit against your ex-spouse. If you believe that your ex-spouse has engaged in a pattern of behavior that constitutes parental alienation, your only recourse will be your divorce decree.
What is the cause of parental alienation?
Parental alienation happens when a child refuses to have a relationship with a parent as a result of manipulation by the other parent, such as the dissemination of exaggerated or misleading information. This occurs most frequently during a divorce or custody dispute, although it can also occur in intact families.
Parental alienation: Will it backfire?
Parental alienation can have negative consequences. If a parent can demonstrate that the other parent has manipulated and indoctrinated their child to turn against them, they stand to lose a great deal.
Final Thoughts
If you and your children are the victims of parental alienation, there are still options open to you, even though the parental alienation laws have not yet been passed in the United States. You can use documented cases, evidence gathering, and working with witnesses and your family lawyer to make a stand against this form of abuse. By taking action now, you will be protecting your child’s future as well as their relationship with you.
