Parental Alienation

Parental Alienation Syndrome, or “PAS,” was coined by psychologist Richard Gardner in the late 1980’s.  But, only recently has it become a very common and highly contentious allegation among parents or former spouses.

The concept is very commonly misunderstood by parents.  A party who engages in misconduct or bad behavior is often interpreted as parental alienation.  However, a parent truly engaging in parental alienation behaviors are quite complex and much more deviant, to use the word in that it comes at the expense of the relationship with a parent on the child.

Parental alienation syndrome occurs when one parent campaigns successfully to manipulate his or her children to despise the other parent despite the absence of legitimate reasons for the child(ren) to harbor such animosity.   See Ira Turkat, Parental Alienation Syndrome: A Review of Critical Issues, 18 J. Am. Acad. Matrimonial Law. 131, 133 (2002). A parent engaging in parental alienation isn’t just seeking control, the parent engages in pattern of behaviors that actually attempts to recruit the child, mentally and emotionally, into alignment with that parent at the sole expense of the relationship of the other parent and the child.  As a result, understanding a case involving such behaviors is quite complex and the methods of dealing with such behaviors can be even more complex.

Note:  While this common description focuses traditionally on one parent seeking to gain the child’s loyalty at the expense of the other, there are cases where a parent can create their own alienation circumstances by unilaterally withdrawing from the situation or the child due to a host of factors.

Alienation:  A “Poison Pill” For Judges

After seeking relief and proving our alienation case, I once heard a court comment outloud that the Court was forcing the child to consume a “poison pill” and a “hobson’s choice”.  The Court was convinced of our case and that something had to be done.  However, the Child in this case was convinced that our client, had a history of being physically abusive to the Child.    The Child was literally physically afraid to be in that parent’s presence.

However, there was no evidence to substantiate any of the claims and the evidence from the mental health experts was that none of the allegations were true.  One expert even believed the Child was being coached.  The child in this case was older, nearly 14 which made matters more difficult.  The Court was forced to choose custody with one parent who had methodically over a period of nearly 3 years created such myths in the Child’s mind and the other parent, of whom the child had become afraid.

Views and Behaviors of The “Aligned Parent”

Actual parental alienation does not occur overnight.  It occurs when the parent who seeks to have the child(ren) “aligned” with them in their beliefs about the “non-aligned” parent or the “alienated” parent.

In the various research, cited at the end of this article, the following are classic examples of the perspective, points of view, and behaviors of the “aligned parent”.  The aligned parent:

(1)        Harbors a deep distrust and fear of the other parent;

(2)        Is convinced that the other parent is irrelevant and/or evil;
(3)        Views the alienated parent’s lack of visitation with the child as harassing;

(4)        Encourages the child to point out the flaws of the rejected parent;
(5)        Confirms for the child the other parent is not worthy of the child’s attention; and

(6)        Tell stories about the rejected parent’s lack of interest, love, & care for the alienated parent and the child;

(7)        Strongly supports the child’s right to make his or her own decision about visitation with the rejected parent.

None of these examples are more important or more or less significant because, in the end, the result is a constant campaign of undermining the legitimacy of the relationship or even authority of the alienated parent.

Contributions of The “Rejected Parent”

When parental alienation occurs, the “aligned parent” embarks upon a campaign of systematic and consistent behavior, often very subtle, to alienate the Child from the other parent.  The following are examples from the various research, cited at the end of this article, the way in which an alienated parent may actually contribute to this process with their own character or behaviors:

(1)        Passivity and withdrawal in the face of conflict;
(2)        Counter the rejection of the alienated child;
(3)        Engage in harsh and rigid parenting styles to try and “correct” the situation;
(4)        Begin to focus on self, and engage in self centered behaviors;
(5)        Assail the children or other loved ones with critical & demanding traits; and
(6)        Disengage and show diminished or no empathy for the aligned child.

How Courts View Alienation Claims

The courts are very wise to the negative impact that marital or custodial conflict exposure can have on the children.  Undoubtedly, the Courts will Order appropriate mental health experts, including forensic psychologists and psychiatrists, to thoroughly assess all parties (including the children) and the credibility of the allegations that a parent is engaging in actual parental alienation.  With this information over a sufficient period of time to assess the parties and circumstances, the mental health experts will be asked to tailor recommendations to the Court to attempt to counteract the effects of the alienating behavior.

When fashioning a court order for custody and/or possession schedules in the face of parental alienation, the Court will be required to factor the recommendations of a tremendous amount of information from the mental health experts, the attorneys, and any other relevant evidence in the case and balance the needs of the child to have a relationship with both parents and the real dangers of allowing a parent to be unchecked continuing to engage in their campaign of alienating behaviors.  As a result, each case is different and it is impossible to second guess a court or to make a determination as to the outcome of a given case that involves allegations of parental alienation.

Potential Outcomes at Court to Manage Parental Alienation

There is no suggested “model” or form relief that is typically rendered by the Courts.  Every case is completely different and the recommendations made, if any, are for the circumstances of that particular case.  Regardless, presented with a credible case of parental alienation, the goal is to seek to have the Court render an Order that prevents or counteracts the alienating behaviors of the aligned parent who has been proven to be engaging in parental alienation.

As seen in these examples above, the relief requested to prevent or counteract parental alienation are viewed as drastic or harsh.  Courts want to be “sure” and make sure they are getting it right.  Thus, Courts be slow to order drastic measures, as they are viewed to be at the expense of or risks the parent child relationship.  As a result, depending on your given circumstances, it can take two or three years of hearings, contempt, and enforcement motions to stabilize an alienated child – especially in the absence of an effective therapeutic plan that can be administered by an agreed or court appointed mental health professionals.

The following are examples of some of relief Ordered by the Courts in the face of credible evidence of parental alienation:

(1)        Appointment of Guardian Ad Litem to conduct social study of child’s living circumstances;Tex. Fam. Code § 107.002;
(2)        Establishment of court ordered injunctions, such as the Children’s Bill of Rights, to prevent behavior that is harmful to children;
(3)        Appointment of Parenting Facilitator to study parenting styles and make a report to the court on the progress of the parents at parenting and clarifications, if any to the existing court orders, in the best interest of the child;  Tex. Fam. Code § 153.605;
(4)        Appointment of Forensic Psychologist to conduct evaluations and assess one or both parents and the child(ren) for the presence of adjustment, personality, or  characterological conditions and make recommendations for a course of therapy or treatment;

(5)        Imposition of interim sanctions, such as attorneys fees, court ordered therapy or other, and ordering a party to pay costs for same;

(6)        Imposition of restricted, supervised, or limited visitations, such as court ordered visitation under the supervision of the child’s therapist;

(7)        Suspending visitation, possession, or communication with the Child for a recommended period of time or as recommended by the Child’s therapist or the mental health experts involved in the Case;and

(8)        Removal of a parent as a joint conservator and/or reallocation, removal, or restriction of parental rights and duties, such as the right and/or duty to make decisions on behalf of the Child such as education planning, medical, or mental health decisions;

Austin Parental Alienation Attorneys

Parental Alienation Syndrome is not anticipated to be included in the next version of the Diagnostic and Statistical Manual of Mental Disorders, volume IV as used by Psychologists and Psychiatrists to designate mental illness.  Moreover, critics of PAS indicate that it oversimplifies the causes of alienation, can confuse the work of clinical workers and lacks adequate scientific data supporting its conclusions.  As a result, parental alienation claims are highly complex and, therefore, legal practitioners and clients need to move slowly in evaluating claims of alienation.

If you are dealing with a situation in which you believe that a parent is engaging in parental alienation, you need experienced legal representation.  Most importantly, you need a thorough consultation of the path that litigating a complex claim like parental alienation requires and ensure you have a significant understanding of this process and the potential costs involve.

The Family Law Attorneys at the Evans Family Law Group have over 16 years of experience and Mr. Evans is Board Certified in Family Law by the Texas Board of Legal Specialization.  Each case is unique.  If necessary, we work with a team of independent professionals to evaluate each case on the needs of your particular circumstances.

Contact the Evans Family Law Group today.  We offer free initial consultations.  Call us at (512) 628-2550 or email Mr. Evans directly at jimmy@evansflg.com.

Publications Regarding Parental Alienation Syndrome

(1)        Ackerman, Marc J. (2006) “Clinician’s Guide to Child Custody Evaluations 3rd ed.”John Wiley and Sons, Inc.

(2)        Gardner, R.A. (1998) “Recommendations or Dealing with parents who induce a parental alienation syndrome in their children.” Journal of Divorce and Remarriage.

(3)        Johnson, Janet et al, (2006) The Psychological Functioning of Alienated Children in Custody Disputing Families: An Exploratory Study. American Journal of Forensic Psychology.

(4)        Wallerstein, J.S., et al (2000) “The Unexpected Legacy of Divorce: A 25 year Landmark Study.” Hyperion Press.

(5)        Ira Turkat, Parental Alienation Syndrome: A Review of Critical Issues, 18 J. Am. Acad. Matrimonial Law. 131, 133 (2002).