What is Parental Alienation?
Parental Alienation (PA) or Hostile-Aggressive Parenting (HAP) is emotional child abuse that leads to Parental Alienation Syndrome (PAS), a psychological condition of the child. It is a tactic used by one parent to undermine or destroy the child’s love, attachment and relationship with the other parent. It is seen frequently in custody disputes and has long-lasting effects. Research indicates that children with PAS have problems with their own relationships as adults and, when they become parents themselves, they repeat the alienating behavior learned as a child with their own children. It becomes a cycle of psychological child abuse. More information on the definition, symptoms and examples of Parental Alienation or Hostile-Aggressive Parenting may be found at this link: Parental Alienation Awareness Organization. A recent article about Parental Alienation published in the Denver Post may be downloaded at this link. Articles with checklist of symptoms by Dr. Douglas Darnell: Symptoms of PA and Three Types of Parental Alienation.
What to Do About The Problem
Most parents faced with parental alienation in a custody dispute don’t know what to do about it: they have never experienced it before and, faced with uncertainty about what to do, they try to “wait it out” and hope that it will get better on its own. It doesn’t. While the parent is procrastinating about what to do, the other parent has more time to continue the alienation. Unfortunately, many lawyers, therapists, evaluators and judges also don’t know what to do about the problem. Meanwhile, the children are turned against the other parent and, in the process, learn how to become alienating parents themselves and repeat the process later in life.
Educating the professionals and decision-makers involved in custody matters is necessary. This is usually done through the testimony of an expert in the courtroom having the training and experience in identifying and dealing with parental alienation. It is difficult, however, to convince the court to act, even if the judge recognizes the problem. Too many times the judge falls back on the “wait and see” approach and hope that the offending parent will change his or her ways. This is the worst thing the judge can do and it does nothing to promote the child best interests in having a relationship with both parents. It does, however, give the alienating parent more time to perfect the alienation.
There are legal “tools” available to combat parental alienation. In the domestic or custody court, one of the criteria for determining the child’s best interests in custodial placement and parenting time include consideration of the parent’s ability (and willingness) to promote and foster the child’s relationship with the other parent. See, C.R.S. § 14-10-124(1.5)(a)(VI). When parenting time schedules are not followed, they can be enforced through a contempt proceeding or a motion to enforce under C.R.S. § 14-10-129.5. In enforcement proceedings, the court may modify the parenting time in accord with the child’s best interests. In a severe case of parental alienation, rising to the level of imminent emotional danger to the child, parenting time may be restricted under C.R.S. § 14-10-129(4).
Outside of the domestic or custody court, there is civil litigation under tort against the alienating parent. This type of litigation, which may include trial by jury rather than a judge, is specifically provided for by statute: C.R.S. § 14-10-129.5(4).
Legal Services
The information provided above is general in nature, is not intended as legal advise for your particular situation and should not be relied upon without first consulting with legal counsel. Martin Law Firm provides legal representation in Parental Alienation or Hostile Aggressive Parenting matters within the Denver, Colorado, metropolitan area and will tailor its services to your particular needs and unique circumstances.
Links to Researchers, Experts & Consultants
- Goldberg & Associates — consulting services to family law attorney's and clients litigating issues that pertain to Parental Alienation and Parental Alienation Syndrome
- Amy J. L. Baker, Ph.D. — researcher — author of Adult Children of Parental Alienation Syndrome: Breaking the Ties that Bind
- Katherine C. Andre, Ph.D. — clinical psychologist and divorce mediator in Southern California
- J. Michael Bone, Ph.D., P.A., L.M.H.C. — clinical and forensic psychologist in Florida
- Douglas Darnall, Ph.D. — clinical and forensic psychologist in Ohio — author of Divorce Casualties
- Robert A. Evans, Ph.D. — educational psychologist and family mediator in Florida
- Ludwig F. Lowenstein M.A., Dip. Psych., Ph.D. — clinical and forensic psychologist in England — author of Parental Alienation: How to Understand and Address Parental Alienation Resulting from Acrimonious Divorce or Separation
- Jayne A. Major, Ph.D. — clinical psychologist and creator of the "Breakthrough Parenting" program
- Deirdre Conway Rand, Ph.D., and Randy Rand, Ed.D. — forensic psychologist in Northern California
- S. Richard Sauber, PhD, Diplomates in Clinical and Family Psychology — clinical and family psychologist in Florida — phone: 561-482-9470, 561-482-9471, email:
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- Reena Sommer, Ph.D. — divorce and custody consultant in Texas
- Richard A. Warshak, Ph.D. — clinical and forensic psychologist in Texas — author of Divorce Poison
- Parental Alienation Awareness Association — a non-profit organization dedicated to raising awareness of Parental Alienation and Hostile Aggressive Parenting
- Parental Alienation Awareness Organization - Founders of Parental Alienation Awareness Day, April 25th
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