Parental Alienation

Parental alienation (or Hostile Aggressive Parenting) is a group of behaviors that are damaging to children's mental and emotional well-being, and can interfere with a relationship of a child and either parent. These behaviors most often accompany high conflict marriages, separation or divorce. These behaviors whether verbal or non-verbal, cause a child to be mentally manipulated or bullied into believing a loving parent is the cause of all their problems, and/or the enemy, to be feared, hated, disrespected and/or avoided. Characteristics, such as lack of empathy and warmth, between the rejected parent and child are some indicators. The term does not apply in cases of actual child abuse, when the child rejects the abusing parent to protect themselves. Parental alienation is controversial in legal and mental health professions, both generally and in specific situations. Terms related to parental alienation include child alienation, pathological alignments, visitation refusal, brainwashing, pathological alienation, the toxic parent and parental alienation syndrome. Some professionals will claim that alienation is not a "syndrome" or will attempt to indicate that it does not exist. We have been practicing family law for many years and have seen first hand the detrimental affects that parental alienation can have on a family and, more importantly, the children.

Parental Alienation

First described in 1976 as "pathological alignment", the dynamic refers to a situation in which a child unreasonably rejects a non-custodial parent. Richard A. Gardner proposed parental alienation syndrome in the 1980s based on his clinical experience with the children of divorcing parents. Since that time, other researchers have suggested focusing less on diagnosing a syndrome and more on what has been described as the "alienated child", and the dynamics of the situation that have contributed to the alienation. In this view, alienation is seen as a breakdown of attachment between parent and child and may be caused by multiple factors. The behaviors of all family members, including those of the alienated parent, may lead to family dysfunction and the rejection of a parent. The evaluation of all contributing factors and all possible remedies are recommended in evaluating cases where children have become estranged from a parent.

Parental alienation lacks a single definition and its existence, etiology, characteristics, and in particular the concept of parental alienation syndrome have been the subject of debate. Some formulations of the concept have emphasized the role of an alienating parent, termed variously the "programming" parent or "embittered-chaotic parent". More recent descriptions, influenced by the research of Kelly and Johnston, have proposed a more complex analysis, in which all family members may play a role. This "systems-based" view acknowledges that a child may be alienated from one parent without "alienating" behavior by the other parent. The results of an empirical study also suggest that alienating behaviors by both parents are the norm in high-conflict divorces. Rejected parents, generally fathers, tend to lack warmth and empathy with the child; instead, they engage in rigid parenting and critical attitudes. The rejected parent is often passive, depressed, anxious, and withdrawn - characteristics which may encourage further rejection. The parent that the child aligns with (the aligned parent) may engage in alienating behaviors, including undermining the other parent. These behaviors may be conscious and deliberate or, alternatively, may reflect a lack of awareness on the effect of the actions on the children. Direct alienating behaviors occur when one parent actively undermines the other parent, such as making derogatory remarks about the other parent, telling the child that the other parent is responsible for the separation, or telling the child that the other parent is the cause of financial difficulties. Indirect alienation behaviors occur when one parent fails to support access or contact with the other parent or tacitly accepts the child's negative behavior and comments towards the other parent.

  Most of the peer-reviewed publications on the subject have been in the form of descriptions and definitions. Some empirical research has been done, though the quality of the studies vary widely and research in the area is still underdeveloped. One significant longitudinal study of 1000 cases has been completed by Dr. Clawar and Ms. Rivkin. Sample selection bias is an obvious problem in many of the studies. For example, when alienated children have been interviewed, it is likely that the children selected for study have been among the most severely alienated and suffering children. The beliefs of judges, lawyers, and mental health professionals have been cited extensively in peer reviewed literature.

Professional acceptance

A survey of mental health and legal professionals indicated that there is moderate support for the existence of parental alienation. However, there remains general reluctance to accept the concept of parental alienation syndrome (PAS). William Bernet argued for the inclusion of parental alienation disorder, a diagnosis related to parental alienation, in the fifth version of the Diagnostic and Statistical Manual of Mental Disorders, which was released in 2013. His conception makes reference to PAS and a variety of other descriptions of behaviors he believes represent the underlying concept of parental alienation disorder. Despite lobbying by proponents, in December 2012, the proposal was rejected. Similarly, the American Psychological Association has rejected Parental Alienation Syndrome as unscientific and sexist. The APA whitepaper notes: "Although there are no data to support the phenomenon called parental alienation syndrome, in which mothers are blamed for interfering with their children’s attachment to their fathers, the term is still used by some evaluators and courts to discount children’s fears in hostile and psychologically abusive situations." [ American Psychological Association, Violence and the Family, American Psychological Association, Washington, D.C., 1996, p. 40] Some have suggested that the general idea of PAS is covered in the DSM-5 under a closely related diagnosis: "Parent-Child Relational Problem." For example, the child’s perception of an alienated parent "may include negative attributions of the other’s intentions, hostility toward or scapegoating of the other (parent), and unwarranted feelings of estrangement." In a survey at the Association of Family and Conciliation Courts in 2010, 98% of the 300 respondents agreed with the question, "Do you think that some children are manipulated by one parent to irrationally and unjustifiably reject the other parent?". However, Parental Alienation Syndrome refers not to this manipulation, but to a serious illness in the child in which he or she despises and rejects one of the parents. Since both the American Psychiatric Association and American Psychological Association have explicitly rejected Parental Alienation Syndrome, it does not meet the Frye test for admissibility in court in most states. Attorneys and expert witnesses may still argue that a parent undermines the child's relationship with the other parent through inappropriate actions or statements.

At the Law Offices of H. William Edgar we have seen many cases of Parental Alienation and can help you. Please call today for a consultation with one of experienced custody and visitation attorney to discuss your rights and your options. Get the results that your family deserves.

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