This paper explores parental alienation in custody and access litigation in Ontario, examining how parental alienation has been defined by various scholars, arguing in favour of the relevance of the term, and identifying a core definition which can be utilized in court. This paper also evaluates how Ontario courts have dealt with parental alienation claims to date, and identifies areas of weakness. Specifically, identification of, and response to, parental alienation is poor in cases where there are elements suggestive of both alienation and estrangement. Additionally, cases are not generally dealt with in a timely manner. Finally, this paper considers the possible benefits of youth acting as parties in parental alienation cases.

This paper explores parental alienation in custody and access litigation in Ontario, examining how parental alienation has been defined by various scholars, arguing in favour of the relevance of the term, and identifying a core definition which can be utilized in court. This paper also evaluates how Ontario courts have dealt with parental alienation claims to date, and identifies areas of weakness. Specifically, identification of, and response to, parental alienation is poor in cases where there are elements suggestive of both alienation and estrangement. Additionally, cases are not generally dealt with in a timely manner. Finally, this paper considers the possible benefits of youth acting as parties in parental alienation cases.

For over 20 years, the phenomenon of parental alienation and its related characteristics has been described in literature. Various clinicians independently researched and described the pathological alignment of a child within the context of divorce. In the 1980’s Richard Gardner coined this “Parental alienation syndrome” (PAS). According to Gardner PAS is characterised by a child’s profound preoccupation with criticism against a parent. This criticism is overstated and ungrounded, and it is caused by both conscious and unconscious behaviour by the alienating parent, which influences the child negatively against the alienated parent. In essence, PAS is the subjective contamination of the child’s understanding and beliefs about his/her environment. The alienating parent gives the impression that the targeted parent is unworthy, dangerous, unloving and deserving of the child’s rejection. This is done by a series of alienation strategies like bad-mouthing, blaming, limiting contact and belittling. The alienated child, as a result responds with unjustified expressions of hate and discontent towards the targeted parent. The experience of divorce can be very challenging to children. Research about the relationship between divorce and child adjustment holds that a child’s exposure to inter parental conflict and the quality of the parent-child relationship are the two major predictors of children’s adjustment during divorce. Research suggests that the negative effects of PAS may include guilt, self-hatred, distortion of reality testing, and general emotional and psychological problems. The aim of this study was to provide an in-depth exploration and description of how PAS is experienced, and the possible effect it has on children from the perspective of young adults who was possible exposed to PAS as children. This was done by exploring their memories and their recalled experiences of their parents’ divorce and the possible effect on their current lives. In this study a collective exploratory/descriptive case study design was used. Nine voluntary participants, between 18 and 28 years of age, were chosen for this study by means of purposeful sampling strategies. Data were collected through in-depth semi-structured interviews that were audio taped and transcribed verbatim. Transcribed data were analysed by means of thematic analysis from which themes and sub-themes were derived. Two main themes with sub-themes were identified. It was found that some of the parental behaviour evident in PAS cases may fall under specific subtypes of psychological maltreatment and leave children feeling angry, worthless, flawed, unloved, unwanted, incompetent and sceptical about trusting other individuals. It was found that parents who engage in alienation strategies are likely to discourage autonomous behaviour and lack nurturance and emotional responsiveness towards their children’s needs. As result children exposed to PAS learn parental love and acceptance is conditional and is based needs fulfilment of the alienating parent. These expectations are brought forward from the early relationship into adulthood and influences individual’s expectations, behaviour, and beliefs about relationships across the lifespan. The results indicate that the lack parental support, encouragement, and responsiveness may negatively influence the self-esteem, autonomy, competence, and relatedness of individuals exposed to PAS. They reported difficulties with trust, intimacy and social skills and depression as adults. / MA (Clinical Psychology), North-West University, Potchefstroom Campus, 2014

For over 20 years, the phenomenon of parental alienation and its related characteristics has been described in literature. Various clinicians independently researched and described the pathological alignment of a child within the context of divorce. In the 1980’s Richard Gardner coined this “Parental alienation syndrome” (PAS). According to Gardner PAS is characterised by a child’s profound preoccupation with criticism against a parent. This criticism is overstated and ungrounded, and it is caused by both conscious and unconscious behaviour by the alienating parent, which influences the child negatively against the alienated parent. In essence, PAS is the subjective contamination of the child’s understanding and beliefs about his/her environment. The alienating parent gives the impression that the targeted parent is unworthy, dangerous, unloving and deserving of the child’s rejection. This is done by a series of alienation strategies like bad-mouthing, blaming, limiting contact and belittling. The alienated child, as a result responds with unjustified expressions of hate and discontent towards the targeted parent. The experience of divorce can be very challenging to children. Research about the relationship between divorce and child adjustment holds that a child’s exposure to inter parental conflict and the quality of the parent-child relationship are the two major predictors of children’s adjustment during divorce. Research suggests that the negative effects of PAS may include guilt, self-hatred, distortion of reality testing, and general emotional and psychological problems. The aim of this study was to provide an in-depth exploration and description of how PAS is experienced, and the possible effect it has on children from the perspective of young adults who was possible exposed to PAS as children. This was done by exploring their memories and their recalled experiences of their parents’ divorce and the possible effect on their current lives. In this study a collective exploratory/descriptive case study design was used. Nine voluntary participants, between 18 and 28 years of age, were chosen for this study by means of purposeful sampling strategies. Data were collected through in-depth semi-structured interviews that were audio taped and transcribed verbatim. Transcribed data were analysed by means of thematic analysis from which themes and sub-themes were derived. Two main themes with sub-themes were identified. It was found that some of the parental behaviour evident in PAS cases may fall under specific subtypes of psychological maltreatment and leave children feeling angry, worthless, flawed, unloved, unwanted, incompetent and sceptical about trusting other individuals. It was found that parents who engage in alienation strategies are likely to discourage autonomous behaviour and lack nurturance and emotional responsiveness towards their children’s needs. As result children exposed to PAS learn parental love and acceptance is conditional and is based needs fulfilment of the alienating parent. These expectations are brought forward from the early relationship into adulthood and influences individual’s expectations, behaviour, and beliefs about relationships across the lifespan. The results indicate that the lack parental support, encouragement, and responsiveness may negatively influence the self-esteem, autonomy, competence, and relatedness of individuals exposed to PAS. They reported difficulties with trust, intimacy and social skills and depression as adults. / MA (Clinical Psychology), North-West University, Potchefstroom Campus, 2014

Divorce rates have consistently risen over the past several decades along with the subsequent increase in parental alienation occurring after the breakup of the family. Parental alienation has long-term negative effects on children who have experienced it, including mental health issues, increased risk of substance abuse, lower levels of self-sufficiency, and decreased physical health. The purpose of this quantitative, nonexperimental study was to determine whether alienation from a parent during childhood impacts the quality of adult romantic and marital relationships of the children when they become adults. The Bowen family systems theory and theory of attachment were used as the framework for the study. A convenience sample included 170 adult participants over the age of 18 who were either married or involved in a dating relationship who had parents that divorced during their childhood between the individual's birth and the age of 14. The results from multiple regression analyses indicated that alienation from father was a significant predictor of marital or dating relationship quality, and alienation from mother was a significant predictor of relationship happiness, satisfaction, and quality. As alienation from father or mother scores increased, the criterion variable scores decreased. Anxious attachment was also a significant predictor of relationship satisfaction as higher scores on anxious attachment resulted in lower relationship satisfaction scores. These findings have positive social change implications as practitioners may use the results to help individuals better understand their relationships and identify the negative lasting effects of parental alienation in adult relationships.

Using a social constructionist perspective, this thesis explores the development of the concepts of “parental alienation syndrome” and “false allegations” in the context of custody and access, as ‘social problems’. Following Joel Best’s framework for critically analysing social problems, it examines the life course of these concepts through an historical account of Canada’s divorce arena and recent changes to custody and access law. It analyzes the reasoning and motives of the major claimsmakers: the Fathers’ Right Movement, medical experts, the legal arena and the counter-claims of Feminist activists. It examines the role of the supervised access facilitator in the construction of the concepts as ‘social problems’. The theories of psychiatrist Richard Gardner are examined in particular, due to their pivotal role in the advancement of the claimsmakers’ goals. Finally, empirical studies are reviewed and analyzed, demonstrating how the concepts of “parental alienation syndrome” and “false allegations” have mutated and permeated the domain of divorce and access in Western society. / Thesis (Master, Sociology) -- Queen's University, 2008-09-04 11:36:28.395

Freiburg i. Br., Univ., Dipl.arbeit, 2007.

Com o crescente número de separações e divórcios verificados nas últimas décadas no Brasil e no mundo assistiu-se, também, a um exponencial aumento nas disputas envolvendo a guarda dos filhos menores e o direito de visitas. Essa situação de grave conflito familiar se mostra solo fértil para o acirramento de ânimos das partes, que frequentemente não são capazes de perceber que a falência do seu relacionamento conjugal em nada altera sua relação parental com os filhos comuns. Nesse cenário, em que as desavenças familiares já chegaram aos umbrais do Judiciário, não raro se verifica a tentativa, notadamente movida por sentimentos de vingança, de se afastar o genitor não-guardião dos seus filhos, através de táticas e manobras geralmente levadas a cabo pelo genitor guardião aptas a efetivar tal distanciamento. A essa conduta se deu o nome de Alienação Parental, tema abordado pelo legislador brasileiro através da Lei 12.318, de 2010, que estabelece a reprovação estatal à conduta alienadora e fornece ao julgador elementos para identificá-la e repreendê-la. O presente trabalho visa, dessa maneira, por meio da análise dos estudos já realizados acerca da Alienação Parental e da Síndrome da Alienação Parental, identificar na conduta alienadora a configuração de verdadeiro abuso moral cometido contra a criança e o adolescente, por atentar contra o seu fundamental direito à convivência familiar com ambos os genitores. / With the increasing number of separations and divorces in recent decades in Brazil and throughout the world there was also an exponential increase of disputes involving custody of the children and visitation rights. This situation of severe family conflict provides fertile ground to the intensification of hostilities between the parties, who often fail to realize that their connubial relationships failure does not change their parental relationship with the mutual children. In this scenario, in which family quarrels have already reached the threshold of the judiciary, one can often see the attempt, notably motivated by feelings of revenge, to separate the non-custodial parent from his (her) children, through tactics and maneuvers usually carried out by the custodial parent that are able to accomplish such an estrangement. This behavior was named Parental Alienation, a subject addressed by the Brazilian act n. 12.318 of 2010, which established the state disapproval of the alienating actions and allowed the judge to identify and admonish them. Therefore, the present work aims, through the analysis of existing studies about Parental Alienation and Parental Alienation Syndrome, to consider alienating behaviors as a genuine form of moral abuse against children and adolescents, by undermining its fundamental right to family with both parents.

Com o crescente número de separações e divórcios verificados nas últimas décadas no Brasil e no mundo assistiu-se, também, a um exponencial aumento nas disputas envolvendo a guarda dos filhos menores e o direito de visitas. Essa situação de grave conflito familiar se mostra solo fértil para o acirramento de ânimos das partes, que frequentemente não são capazes de perceber que a falência do seu relacionamento conjugal em nada altera sua relação parental com os filhos comuns. Nesse cenário, em que as desavenças familiares já chegaram aos umbrais do Judiciário, não raro se verifica a tentativa, notadamente movida por sentimentos de vingança, de se afastar o genitor não-guardião dos seus filhos, através de táticas e manobras geralmente levadas a cabo pelo genitor guardião aptas a efetivar tal distanciamento. A essa conduta se deu o nome de Alienação Parental, tema abordado pelo legislador brasileiro através da Lei 12.318, de 2010, que estabelece a reprovação estatal à conduta alienadora e fornece ao julgador elementos para identificá-la e repreendê-la. O presente trabalho visa, dessa maneira, por meio da análise dos estudos já realizados acerca da Alienação Parental e da Síndrome da Alienação Parental, identificar na conduta alienadora a configuração de verdadeiro abuso moral cometido contra a criança e o adolescente, por atentar contra o seu fundamental direito à convivência familiar com ambos os genitores. / With the increasing number of separations and divorces in recent decades in Brazil and throughout the world there was also an exponential increase of disputes involving custody of the children and visitation rights. This situation of severe family conflict provides fertile ground to the intensification of hostilities between the parties, who often fail to realize that their connubial relationships failure does not change their parental relationship with the mutual children. In this scenario, in which family quarrels have already reached the threshold of the judiciary, one can often see the attempt, notably motivated by feelings of revenge, to separate the non-custodial parent from his (her) children, through tactics and maneuvers usually carried out by the custodial parent that are able to accomplish such an estrangement. This behavior was named Parental Alienation, a subject addressed by the Brazilian act n. 12.318 of 2010, which established the state disapproval of the alienating actions and allowed the judge to identify and admonish them. Therefore, the present work aims, through the analysis of existing studies about Parental Alienation and Parental Alienation Syndrome, to consider alienating behaviors as a genuine form of moral abuse against children and adolescents, by undermining its fundamental right to family with both parents.

O estudo sobre o tema proposto no presente trabalho somente se tornou possível a partir da mudança paradigmática introduzida pela Constituição Federal de 1988. Ao consagrar a dignidade da pessoa humana como fundamento do Estado Democrático de Direito, a Constituição Federal colocou a proteção do ser humano como valor central do ordenamento jurídico, estabelecendo princípios norteadores do direito de família, tais como o da solidariedade, da igualdade, do pluralismo das entidades familiares e do melhor interesse da criança e do adolescente. É nesse contexto que surge o princípio da afetividade, sobre o qual as relações familiares, em especial a de parentalidade, devem estar baseadas. Trata-se, contudo, de princípio cujo conteúdo é de difícil delimitação. Isso porque sua expressão é o afeto, usualmente entendido como sinônimo de amor, o que o desvincularia de qualquer dever jurídico. Ocorre que o princípio da afetividade não se relaciona à ideia de sentimento, mas à dedicação que os pais devem ter com a criação e a formação dos filhos menores, o que se dá por meio de comportamentos pró-afetivos. Refere-se, assim, ao cumprimento dos deveres de ordem imaterial do poder familiar, quais sejam o de criação, educação, companhia e guarda, que efetivamente colocam os filhos sob a proteção e o amparo dos pais. O descumprimento voluntário e injustificado desses deveres caracteriza o abandono afetivo. Porém, se o vínculo afetivo é rompido em decorrência da conduta do genitor guardião, que impede a convivência familiar, não há abandono afetivo, eis que descaracterizado pela prática de alienação parental. Configurado o abandono, questiona-se a possibilidade de se aplicar o instituto da responsabilidade civil à relação de parentalidade. Na hipótese dos pais que abandonam afetivamente os filhos menores é plenamente possível que todos os elementos da responsabilidade civil subjetiva conduta contrária à ordem jurídica, culpa, dano e nexo causal se façam presentes, surgindo, por conseguinte, o dever de indenizar os danos morais e materiais causados. / The study about the theme proposed in this work only became possible due to the paradigmatic change introduced by the Federal Constitution of 1988. By approving the human dignity as a Democratic Rule of Law foundation, the Federal Constitution set the human being protection as the central value of the legal system, establishing principles of family law, such as solidarity, equality, pluralism of family forms and best interest of child. It is in this context that arises the principle of affectivity, on which family relationships, especially the parental one, must be based. It is, however, a principle whose content is difficult to delimit. That is because its expression is the affection, generally understood as synonym of love, what would detach it from any legal obligation. Yet, the principle of affectivity is not related to the idea of feeling, but to the dedication that parents must have with the raising and development of their young children, which occurs by pro-affective behaviors. It refers, therefore, to the fulfillment of the immaterial duties of the parental authority, namely raising, education, company and custody, which effectively put children under protection and support of parents. The voluntary and unjustified breach of these duties characterize the affective abandonment. Nevertheless, if the affective bond is broken due to the guardian behavior that forbids family relationship, there is no affective abandonment as it results from the parental alienation. Characterized the abandonment, it is questioned the possibility of applying the liabilitys institute to the parental relationship. In the case of affective abandonment it is entirely possible that all liabilitys elements breach of duty, fault, damage and factual causation be present, resulting, as a consequence, in the duty to indemnify the moral and material damages caused.