Home > Parental alienation

1 Legal

Legal systems usually require the views of the child to be known to the court. For example, in the UK there is a welfare checklist which the court must follow ( The Children Act 1989 s.(3)) The first item on the list is to establish "the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)." Fathers' rights campaigners claim that the courts do not try to detect whether the mother has alienated a child against their father and consequently the father is unjustly excluded from the life of their child. Lady Elizabeth Butler-Sloss, President of the Family division, (i.e. the top UK family court judge) stated in (Re L, V, M, H (Contact: Domestic Violence) [2002] 2 FLR 334 at 351):

There is, of course, no doubt that some parents, particularly mothers, are responsible for alienating their children from their fathers without good reason and thereby creating this sometimes insoluble problem. That unhappy state of affairs, well known in family courts, is a long way from a recognised syndrome requiring mental health professionals to play an expert role.

2 Medical

There has been much legal and medical argument about whether the term syndrome should be allowed in connection with this type of emotional abuse of children. However, given its prevalence there has been a move to have it recognised as a specific syndrome - parental alienation syndrome. This is a position first advocated by the late American psychiatrist Dr. Richard A. Gardner, who makes the point that inclusion of the word syndrome is specific as regards the cause of the child's alienation, whereas omission of that word is not.

Also see see Stockholm syndrome- the psychological phenomenon whereby captives adopt the view of the captors.

External link Dr. Richard A. Gardner