Co-Authored by Christopher Gosling
The concept of Parental Alienation Syndrome was initially brought about by American psychiatrist Richard Gardner in 1985. The term parental alienation is used to describe a situation where one parent is involved in psychologically manipulating their child to turn against the other parent.
When parental alienation occurs, it can cause a child’s relationship and bond with one of their parents to deteriorate. This can create a myriad of issues between the child and alienated parent. These issues include hostility and even refusal to engage and see the alienated parent and their extended family.
The parent propagating the alienation may feel guilt about alienating the other parent. They may make cruel comments about the other parent and/or untrue allegations that portray the alienated parent in a negative way, which has the power to influence the child’s views of the alienated parent. Long-term, parental alienation can cause psychological harm in the child, such as poor social-emotional development, an inability to trust and social anxiety.
What does the Court consider in regards to parental alienation?
When the Court takes into account a child’s circumstance, the Family Law Act s 60CC(2) considers what is in the best interests of the child, with respect to:
- Arrangements in place to promote the safety of the child from family violence, abuse, neglect or other harm.
- Views expressed by the child.
- The child’s developmental, psychological, emotional and cultural needs.
- The capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional and cultural needs.
- The benefit to the child of being able to have a relationship with their parents, and other people who are significant to the child, where it is safe to do so.
- Anything else that is relevant to the particular circumstances of the child.
If your parenting matter is placed before the Court, the Court will guide and order decisions that are in the best interests of the child’s welfare and wellbeing. The Court can intervene and order a report be prepared by a qualified Court Child Expert or a professional single expert agreed upon by both parents. Usually when parental alienation is present, without Court intervention, therapy/treatment is more challenging and sometimes impossible.
What are the other options available in matters of parental alienation?
If it is possible and safe to do so though on first instance, it may be worth engaging in post-separation courses, family therapy and/or counselling to progress your parenting relationship with the other parent and your child.
Otherwise, if you need assistance in dealing with parental alienation, you can engage a lawyer who can assist in guiding you through your parenting matter. This can involve negotiating and mediating with the other parent and their lawyer as a cost-effective means to keep the matter out of Court (where possible) and resolve any outstanding disputes.
In the meantime, if you feel you are experiencing parental alienation, try to maintain your relationship with your child, by showing your consistent love, support, patience, understanding and by avoiding negative comments about the other parent. This is notwithstanding how the other parent may be enacting ways to alienate you from your child. Also, it’s not a bad idea to keep records of incidents involving parental alienation. Records could include dates, times, places, and detailed descriptions of the events, as well copies of relevant emails, texts, voicemails and letters.
If you need assistance with your parenting matter and you feel you are experiencing parental alienation which can negatively impact your relationship with your child, please contact our Family Law team for assistance and guidance.
