Parental Alienation

If abuse of children, including parental alienation, is identified, legal and mental health professionals have an ethical and legal obligation to report and/or intervene.

1) What is Parental Alienation?

Parental alienation refers to a situation where one parent intentionally or unintentionally manipulates a child to turn them against the other parent. This can involve a range of behaviors, such as bad-mouthing, limiting contact, or making the child feel guilty for spending time with the other parent. The goal is often to damage the child's relationship with the other parent, leading to estrangement.

"Parental alienation can cause a child to feel confusion, guilt, and conflicting loyalties. This can lead to

long-term emotional and psychological damage, including depression, anxiety, and difficulty forming healthy relationships."
— American Psychological Association

"An alienated child is defined here as one who expresses, freely and persistently, unreasonable
negative feelings and beliefs (such as anger, hatred, rejection, and/or fear) toward a
parent that are significantly disproportionate to the child’s actual experience with that parent."

— J. Kelly and J. Johnston Family Court Review

2) Recognition in Family Law Courts

Parental alienation is not commonly recognised in Family Law Courts. This is partly due to the complexity and subtlety of the behaviours involved, making it difficult to provide clear evidence. Additionally, there is ongoing debate among psychologists and legal professionals about the concept's validity and the best approach to address it. As a result, cases of parental alienation may not always receive the attention they require in family court proceedings.

3) Parental Alienation as a Form of Child Abuse

Parental alienation is increasingly being viewed as a form of emotional child abuse. It involves manipulating the child's feelings and perceptions, causing significant emotional and psychological harm. The alienating behaviours can disrupt the child's sense of security and trust, leading to long-term negative effects on their mental health and well-being.

The Family Law Act 1975 defines child abuse as including physical, sexual, and emotional abuse, as well as neglect. Emotional abuse is described as behaviour that can harm a child's emotional and psychological development.

Parental alienation falls under the category of emotional abuse. It involves manipulation that leads to the child experiencing confusion, guilt, and anxiety, which can have long-term detrimental effects on their mental health and well-being.

4) Effects of Parental Alienation

On Children

Children who experience parental alienation often suffer from confusion, anxiety, depression, and feelings of guilt. They may have difficulty forming and maintaining relationships, suffer from low self-esteem, and exhibit behavioural problems. The internal conflict caused by being forced to reject a parent they naturally love can have lasting emotional and psychological consequences.

On the Alienated Parent
The alienated parent often experiences intense emotional distress, frustration, and helplessness. They may face the pain of losing a meaningful relationship with their child and the stigma of being perceived as the "bad" or "unworthy" parent. This can lead to depression, anxiety, and other mental health issues. The strain can also impact their work performance, social relationships, and overall quality of life.

5) Ethical and Legal Responsibilities in Australia

Legal practitioners, judges, psychologists, and child welfare authorities have an ethical and legal duty to protect children from harm. This includes identifying and intervening in cases of parental alienation.

Psychologists
Psychologists have an ethical responsibility to identify signs of parental alienation and to provide accurate assessments and appropriate interventions. They must adhere to the Australian Psychological Society's Code of Ethics, which mandates acting in the best interests of the child and avoiding harm. Psychologists should also be prepared to provide expert testimony in court to highlight the presence and effects of parental alienation.

Legal Practitioners
Family law practitioners must advocate for their clients while ensuring the child's best interests are paramount. They should be knowledgeable about parental alienation and they have a duty to ensure that the court is fully informed about any manipulative behaviours that could harm the child. When dealing with parental alienation, they must ensure their actions do not exacerbate the situation and should seek to resolve conflicts amicably.

Independent Children's Lawyers
ICLs have a crucial role in representing the child's best interests independently from the parents. They are responsible for investigating any allegations of parental alienation and ensuring that the court considers the child's well-being. ICLs have a duty to intervene when parental alienation is identified. This may involve recommending therapeutic interventions, changes in custody arrangements, or other measures to protect the child's relationship with both parents. They should work with psychologists, social workers, and other professionals to address the issue effectively.

Registrars & Judges
Judges must make informed decisions based on the best interests of the child, which includes recognising and addressing parental alienation. They should evaluate all evidence presented, consider expert testimonies, and be aware of the potential long-term harm caused by alienation. Judges have the authority to implement measures to mitigate alienation, such as ordering therapy or modifying custody arrangements.

Other Parties
Social workers, family therapists, and other professionals involved in family law cases must be vigilant in identifying signs of parental alienation. They should collaborate with legal and psychological experts to provide comprehensive support and intervention. Their role includes reporting concerns to the appropriate authorities and participating in court proceedings when necessary.

Australian Psychological Society: The APS Code of Ethics requires psychologists to prevent harm and promote the well-being of their clients, particularly vulnerable populations like children.
Law Council of Australia: Legal practitioners are bound by the Australian Solicitors’ Conduct Rules, which emphasise acting in the best interests of their clients and maintaining the administration of justice.
Mandatory Reporting Requirements: Each Australian state and territory has specific mandatory reporting laws for child abuse.

Sign this partition: Legislation against Parental Alienating Behaviours, it's Child Abuse & Family Violence · Change.org

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