Parental Alienation
~or~
Parental Alienation Syndrome
In just about all social situations, people vie for the attention, affections and support of others. Alliances are formed, others are ostracised and vice versa in an ebb and flow of human interactions. When parents are not able to relate well to each other and/or their children, competition can increase for a child's affections, as children are used as 'weapons' against each other. Parents who practice unpleasant behaviours, such as yelling, drinking too much and smacking to hard may find that it is their own actions that cause their children to be fearful of them, with no input at all from the other parent. When a relationship breaks down, the dynamics change again. Every time a parent denigrates or abuses a child, or the other parent, they are inducing fear and distrust either against themselves or the other parent. It must be remembered that "alienation" is a subjective outcome, which may or may not occur from the unpleasant behaviour. Alienation from a parent who is denigrated is only one of any number of outcomes.
It is noteworthy that to date we have not found any reports of the "Syndrome" being induced in children by fathers, protective of them from abusive mothers, or grandparents protective of children from unstable parents of either sex.
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Summary: Parental Alienation Syndrome
PAS is a theory whose widespread use and admission in international family law courts has never been matched by widespread acceptance within the international scientific community. The theory has been criticised in publications that are too numerous to mention. Below are some of the most frequent criticisms of the theory.
PAS, 'Unacceptable Risk' and the Culture of the Australian Family Court: How current judicial paradigms are violating CRoC and failing to protect abused children. Jonathan Humphrey
A submission to the Federal Attorney-General, the Hon Phillip Ruddock MP., November 4, 2005, argues that in child custody cases involving allegations of child sexual abuse, the Australian Family Court ('the Court') is failing in its mandate to act in the best interests of the child. In many cases abused children are legally compelled to continue an unsafe relationship with their abusive parent. In other cases children are actually put at greater risk of abuse by Family Court orders. In few cases are children's disclosures of sexual abuse given the 'due weight' they deserve by the Court.
Parental alienation - Background Briefing on ABC National Radio
The anger and hurt of divorcing parents often spills over into custody and access to children. Accusations of child abuse are defended with claims of lies and alienation using Parental Alienation Syndrome (PAS) resulting in the accusing parent losing custody. PAS has been discredited in America but there's concern that it's still being used in the Family Courts of Australia.
PARENTAL ALIENATION SYNDROME
PAS was probably first introduced to Australia in an article written by Dr. Kenneth Byrne (1989) which influenced a finding in the Family Court of Australia (N. Johnston and M.L. Johnston 1997) where at para. 96 it states that, “….Dr. Byrne’s article leaves us in no doubt that the Parental Alienation is a very real phenomenon”. Dr. Byrne’s article was published in Australian Family Lawyer and cites no references, referring only to Gardner’s theory. This case established a precedent regarding the admissibility of PAS evidence in the Family Courts.
In 2003 the Judges of the Family Court of Australia attended a training seminar on PAS and subsequently PAS was accepted into the legal system and lawyers began to use it in defences against child abuse allegations against the non-resident parent which has subsequently led to several instances of a perverse reversal of child custody where children have been placed in situations of being in the custody of parents against whom they have made serious allegations of abuse
CHILDREN AT RISK
Paedophiles use 'junk' theory to win custody. Paedophiles around Australia may be escaping punishment and retaining custody of their young children by evoking a questionable psychological condition. The condition, Parental Alienation Syndrome (PAS), undermines a child's complaint of sexual abuse by claiming it is the result of one parent's influence. It is cited in Family Court custody battles, and can play a part in a parent accused of sexual abuse, usually a father, getting custody.
Courageous Kids Network
A growing group of young people, whose childhood was shattered by biased and inhumane court rulings, which forced us to live with our abusive parent, while restricting or sometimes completely eliminating contact with our loving and protective parent. Some of us, whose mothers tried to protect us from abuse, did not see our mothers for years, or were only allowed to see our mothers under oppressive supervised visitation orders. We were not allowed to hug our mothers, or talk about how we felt. Some of us were separated from siblings, grandparents and extended family. We lost our home, pets, toys, friends,… our childhood. We lived in fear, depression, hopelessness and helplessness for years. Some of us ran away from our abusers. Some could not handle the trauma and committed suicide.We who survived, got older and stronger. Now we are telling the world how much we were hurt, first by our abusers and then by the court that refused to protect us.
Ruling debunks custody diagnosis
CHILD custody determinations in scores of Family Court decisions could be challenged following a ruling debunking parental alienation syndrome, a controversial diagnosis of the effects on a child when one parent denigrates the other.
Hostile Aggressive Parenting
Although Hostile-Aggressive Parenting is often confused with Parental Alienation Syndrome (PAS), a term coined by Dr. Richard Gardner, HAP and PAS are not the same. HAP refers to the behaviours, actions and decisions of a person, whereas, PAS relates to the psychological condition of the child. In the vast majority of cases HAP is the cause of PAS
(HAP) is defined as : A general pattern of behaviour, manipulation, actions or decision-making of a person (usually a parent or guardian) that either directly or indirectly; 1) creates undue difficulties or interferences in the relationship of a child with another person (usually a parent or guardian) involved with the parenting and/or rearing of the child and/or, 2) promotes or maintains an unwarranted unfairness or inequality in the parenting arrangements between a child's parents and/or guardians and/or, 3) promotes ongoing and unnecessary conflict between parents and/or guardians which adversely affects the parenting, well-being and rearing of a child.
Hostile-Aggressive Parenting is most apparent in child-custody disputes and is used most often as a tool to align the child with one of the parents during litigation over custody or control of the child. However, HAP can be present in almost any situation where two or more people involved in a child's life are at odds with each other over how a child may be raised or influenced by the parties. HAP can be present to some extent even when couples are still living together.
Parental Alienation Syndrome: A Paradigm for Child Abuse in Australian Family Law
Paper by Dr Elspeth McInnes
The absence of a publicly funded investigative capacity in the Family Court of Australia when there are allegations of child abuse by a parent, creates the conditions for the de facto operating presumption of the Parental Alienation Syndrome paradigm in the courts. This paradigm, at its simplest, insists that claims of serious child abuse are invented and that children's statements and manifestations of fear are the outcome of parental coaching. Without a publicly funded professional child protection investigative service available to inform the family court, the private adversarial system of family law commonly fails to substantiate allegations of child abuse, thereby systematically producing the outcome that child abuse allegations will be deemed to be false.
Parental Alienation Syndrome A Guide for Attorneys or Pro Se Litigants
"Parental Alienation Syndrome" or "PAS" has become a commonplace defense when allegations of child abuse arise in custody disputes. Although the theory has no scientific validity, many courts are admitting "evidence" of PAS and using PAS as grounds to discount children's allegations of abuse. Therefore, the parties to custody suits and their counsel must be informed about PAS and develop ways to combat its negative effects in the courtroom.
Parental Alienation Syndrome or "PAS" is a psychological theory - a scientifically recognised or accepted psychological or psychiatric syndrome - that has gained popularity among attorneys in child custody cases when they represent a parent who is alleged to have abused one or more of the couple's children. The premise of PAS is that one parent intentionally has alienated the children from the other parent - the parent accused by the child or children of abuse - to gain an advantage in a custody dispute. The children's allegations are seen as a result of a mental disorder caused by the parental alienation.
Child is at risk if dad's rights always put first
The Family Court's lack of powers to investigate child abuse claims is putting Australian children at risk. This is especially true now that we are in the middle of a "massive cultural shift in favour of fathers", as Australia's pre-eminent family law expert, Professor Patrick Parkinson , said this year.
Unfortunately, this progress has run ahead of the Family Court's ability to protect children from abusive parents, especially sexually abusive fathers. The court has no independent power to investigate child abuse claims made by one parent against the other. Indeed the parent, usually a mother, who accuses a partner of child abuse, is likely to be seen as manipulative and vindictive.
Child Abuse Experts Applaud Legal Community for Rejecting Parental Alienation Syndrome
People who care about abused children finally have something to celebrate. Two recent high profile legal publications have rejected "Parental Alienation Syndrome" (PAS), a controversial label often used to discredit allegations of child abuse or domestic violence in family courts.According to PAS theory, children's disclosures of abuse by one parent are reinterpreted as evidence of "brainwashing" by the other parent. The solution proposed by PAS theory is to immediately award custody to the alleged child abuser.
Dr. Richard Gardner: A Review of His Theories and Opinions on Atypical Sexuality, Pedophilia, and Treatment Issues
Gardner (1992, pp. 18-32) has developed his own theory concerning the evolutionary benefits of deviant sexual practices or paraphilias. Gardner proposes that many different types of human sexual behaviour, including paedophilia, can be seen as having species survival value and thus do “not warrant being excluded from the list of the ‘so-called natural forms of human sexual behaviour.’” Such paraphilias may serve nature's purposes by their ability to enhance the general level of sexual excitation in society and thereby increase the likelihood that people will have sex, which then contributes to the survival of the species (Gardner, 1992, p. 20).
As part of his theory, Gardner (1992, pp. 24-5) proposes that pedophilia serves procreative purposes. Although the child cannot become pregnant, a child who is drawn into sexual encounters at an early age is likely to become highly sexualised and thus will crave sexual experiences during the prepubertal years. Such a “charged up child” is more likely to transmit his or her genes in his or her progeny at an early age. Gardner (1992, pp. 24-5) states: “The younger the survival machine at the time sexual urges appear, the longer will be the span of procreative capacity, and the greater the likelihood the individual will create more survival machines in the next generation.”
Family Dynamics Associated with the use of Psychologically Violent Parental Practices
This study contributes to describing the family dynamics associated with psychological violence against children, on the one hand by proposing a typology of the family dynamics that are likely to produce psychological violence, and on the other by bringing to light the implicit theories of a group of parents and practitioners to explain the appearance of this violence.
Enmeshment
A common feature of codependent relationships is 'Enmeshment'. In a healthy relationship, each person is valued as an individual. Each has his/her uniqueness to contribute to the relationship and to the world. Therefore, each person has his or her own thoughts and feelings and each takes responsibility for his or her actions. Enmeshment is when one person or partner tries to influence the thinking of the other or wants the other to have exactly the same feelings. Enmeshment is attempting to feel and think as if you were the same person.
Enmeshment as explained by a “court expert”
Mother has child at late age (40's) husband dumps her - she is not only old but to all intents and purposes - plain and frumpy - ie; has little hope of ever having a boyfriend again - So she has nothing in her life but her child. She then goes about replacing her partner with that child - they became unnaturally enmeshed - an implied reversed oedipal complex if you will. The most serious fallout they could indicate resulting from this unnatural relationship was - wait for it - children left home later than others. This also leads to separation anxiety - ie reason child is anxious every time separated from mother - well that is certainly one possible explanation for child having to be man handled; kicking and screaming for court ordered contact
(Quite remarkable; in context of proven abuse and violence. Note that the child does not go through this behaviour when mother sends him to school).
Parents Who Have Successfully Fought Parent Alienation Syndrome
When parents first separate there is often parent alienation. For example, due to the anxiety of the mother, she is likely to implicitly impart to a child that he or she is not safe with the father. She might say "Call me as soon as you get there to let me know you are okay." Usually this level of alienation dies down after the separating couple get used to changes brought on by the separation and move on with their lives.
However: in rare cases, the anxiety doesn't calm down, it escalates. PAS parents are psychologically fragile. When things are going their way, they can hold themselves together. However, when they are threatened, they can become fiercely entrenched in preserving what they see as rightfully theirs. Only a small percentage end up in this level of conflict.
(Kids in Distress does not agree with the comments of this author. It is a convenient way of 'explaining away' in a 'kindly' way the reactions of mothers when they become aware that their children are being abused. This explanation is often used by court 'experts', regardless of the realities and individual circumstances of a case as the next article illustrates.)
AMBIGUOUS CSA EVIDENCE IN FAMILY COURT MATTERS
A few years ago, it was commonplace for virtually all participants in Family Court matters - the complainant parent, investigators, experts and judicial officers - to accept that young children told the truth as they saw it. Bitter experience and sound research have led to new conclusions - that at least in the shadow of the Family Court context, allegations by young children may arise for a number of reasons and that they often did not reflect that the child has indeed been sexually abused. By the same token, malice, the obvious culprit, does not seem to be a key factor. These allegations had often arisen unintentionally in a climate of fear and suspicion.
THE MOTHER OF THE VICTIM AS POTENTIAL SUPPORTER AND PROTECTOR: CONSIDERATIONS AND CHALLENGES
One such insight is the understanding of the centrality of the child sex offender in the life of the
child he has abused or is abusing, and in that child's family. There is a growing body of evidence
that describes the tactics used by offenders to constantly and actively shape the realities, beliefs, and
relationships of his victim and those people surrounding the child. The sexual abuse of children is
just one part of a system of trickery and abuse created to maintain secrecy, isolation and the
offender's absolute power over the child and all the actors in the child's life.