What is Parental Alienation Syndrome and Can It Be Used in Court?
Parent alienation syndrome, or PAS, is recognized in family law and it is often used in court. This can be one of the most destructive things one parent can do to the other during the divorce process. It not only causes more conflict between spouses, but can have an impact on children that does not easily go away.
In this Divorced Fathers Rights article, we take a look at parent alienation syndrome and how it affects children and parenting.
Defining Parental Alienation Syndrome
PAS is the attempt by one parent to cause a child to dislike, fear or become emotionally estranged from the other parent. The attempt might be direct and overt or it might be more subtle. In short, it is an attempt to turn a child against the other parent.
PAS is Common in Contested Divorces and Custody Battles
In general, the more bitter the divorce or custody battle, the higher the likelihood that one or both parents is engaging in attempts to “win over” the affection of the children while seeking to alienate them from the other.
Parental alienation syndrome doesn’t just occur during the divorce process. It can continue long afterwards.
Identifying Parental Alienation Syndrome
How do the courts determine whether PAS has occurred? Here are the characteristic factors that appear in most cases.
Preventing Access and Contact
- Parent A consistently attempting to, or succeeding in, blocking the Parent B from having appropriate time with the children is the most foundational factor in determining PAS or attempted PAS.
- Parent A will argue before the court that Parent B is bad, can’t be trusted, is likely to abuse the kids or has a spouse who is likely to harm them. Parent A will likely say these same things to the child in order to cause alienation or fear toward the other parent.
Allegations of Abuse that are Unfounded
Real abuse does happen and should be immediately reported to the authorities. However, a tactic parents have long used is to make false abuse accusations against the other parent in order to get the courts to halt visitation rights. Parents have often pressured children to go along with the accusations.
Conflict Between the Child and the Parent Attempting PAS
If a child feels like they can’t love the Parent B, want to spend time with them, call them, etc., without causing waves with Parent A, this is a definite symptom of PAS.
A Good Relationship Turned Bad
If Parent B had a good relationship with kids, but now, after the divorce, it has deteriorated, this can be a sign that PAS has occurred. This is a vital symptom and should not be overlooked.
Addressing Parental Alienation Syndrome
If you see these symptoms present in the relationship with your children, and you believe the other parent is the cause, discuss your concerns with your divorce attorney immediately. He or she will go over the symptoms with you, and if a case can be made for PAS, will take it to the court.
The consequences can be a change in the custodial arrangement, required counseling for the child or other remedies. Parental alienation syndrome is harmful to children, and where it exists, it should be addressed. Always seek legal help if you run into these issues. There are state laws prohibiting the alienation of any parent.