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PARENTAL ALIENATION EXISTS, PARENTAL ALIENATION SYNDROME DOES NOT

On Behalf of | Apr 28, 2015 | Our Blog

 

Litigants in child custody disputes will often hear or use the words “parental alienation”

and “parental alienation syndrome.” While deriving from the same root, the former concept is

very real. The latter, however, is not. In general terms, parental alienation takes place where

one parent, through verbal or non-verbal manipulation, interferes with the other parent’s

relationship with the child. Parental alienation typically occurs in high conflict parental

relationships, divorce and child custody battles.

While parental alienation is certainly harmful to a child’s well being and often damages

the relationship between the child and both parents, the act of parental alienation does not

result in its own accepted psychological syndrome or disorder. Considering that parental

alienation syndrome has not been generally recognized as a legitimate psychological diagnosis

by experts in the field, many courts have refused to admit any evidence of such a purported

syndrome. In fact, PAS has been rejected as a diagnosis by both the American Psychiatric

Association and the American Psychological Association.

In as much as the lead proponent of the syndrome, Dr. Richard Gardner, committed

suicide in 2003, it is unlikely that PAS will ever attain its own status a generally recognized

mental health disorder. In this way, evidence of PAS will likely not pass a legitimate Frye test,

which is a prerequisite for admissibility scientific evidence in a court of law. In other words,

parental alienation will remain a very real and ongoing danger to children in high conflict

custody cases. The actual diagnosis of PAS, however, will not exist as far as family court judges

are concerned.

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