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Save children from the effects of parental alienation

Parental alienation has severe consequences in both the short and long term. How do you deal with this sad phenomenon in the legal arena?

Attorney Shani Benardete
Save children from the effects of parental alienation

Parental alienation results from inciting behavior by one of the parents and has severe short-term and long-term effects. When it comes to the legal aspect, how do you deal with this sad situation?

In recent years, parental alienation syndrome, also known as "Parental Alienation Syndrome," has burst into public consciousness. Unfortunately, the phenomenon is not novel in the psychological-social world, but it receives increased media coverage for various reasons.

What is parental alienation? As part of divorce proceedings, one of the parents uses the tactic of inciting the child(ren) against the other parent. The inciting parent (who in legal parlance is called the "alienating parent") uses the child(ren) as a tool for confrontation and bargaining as part of the legal battle in the divorce process.

Sometimes, the alienating parent does this to get certain legal advantages, and sometimes the alienating parent is unaware he is harming the children.

In most cases, parental alienation results from a mental crisis suffered by the estranged parent. The same parent wants to "recruit" the children in his favor and take "his" side in the conflict between the parents. In such cases, we hear children speaking in words and concepts that are not theirs and not part of their world. For example, a girl who blames her father for abandoning her and the family or a boy who blames his mother for "cheating on him." In such a situation, the estranged parent does not separate the marital conflict from the importance of the children's relationship with both of their parents.

Sometimes the alienating parent wants to take revenge on the other parent for specific reasons. For example, a woman whose husband left her for another woman does not want the children to be in contact with her father and her new wife. She uses various tricks to make the children identify with her and ask them to sever contact with their father.

 

Parental alienation VS refusal of contact

Among the public, there is a tendency to confuse the concepts of parental alienation and contact refusal. In a case of refusal of contact, the child(ren) is not interested in keeping in touch with one parent without an escalating factor. Usually, these are more mature children, aged 10-16, who are already mature enough to form an independent opinion. Even in cases of refusal to contact, a therapeutic factor can and should be involved to bridge the gaps and restore the relationship.

On the other hand, when we talk about parental alienation, the child(ren) 's reluctance to contact stems from the inciting and goal-directed behavior of one of the parents. The alienating parent takes significant steps that cause the child(ren) to resent the other parent. It is easier to put ideas into a child's head and have them lose trust in the alienating parent when they are younger. The appropriate terminology for this is called a suggestion.

 

Reasons for parental alienation

What makes a parent incite his children against the other parent? Each case and its circumstances are different. In some cases, as mentioned, it is revenge against the other parent due to betrayal or a unilateral desire to break up the relationship.

In other cases, the alienating parent is in such deep denial that he does not notice that his actions are causing harm to the children. The alienating parent roots his injury from the other parent in the children to receive attention, compassion, and respect from them.

 

Parental alienation: Dissolution of the family foundation along with deliberate incitement

In the event of a separation, the family breaks up, and the child(ren) experiences a crisis due to the destabilization of the family structure. Instability affects the child(ren), and the parent's role is to stabilize the whole system.

A situation of parental alienation can escalate and reach the point of complete separation of parents and children. The disconnection can come to the point where the child(ren) erases the estranged parent's memory, consciousness, and heart.

Therefore, the court takes the phenomenon of parental alienation very seriously. The ruling even recognized the refusal to cooperate due to the incitement of a parent as establishing a cause of action for damages covered under the tort of negligence.

 

Parental alienation: Permanently damaging the child

Parental alienation has short and long-term effects that can lead to severe mental injuries. Children alienated from one parent may have a poor perception of reality, difficulties developing independent thinking, and poor decision-making skills.

Parental alienation also has severe consequences for the emotional and mental state of the child(ren), which often finds expression in their physical state and therefore experiences emotional and developmental damages.

 

Children who have experienced parental alienation are at an increased risk of mental and emotional injuries and psychological phenomena such as abandonment anxiety and depression. Studies conducted over the years have proven that when a child loses a parent due to parental alienation, he experiences the loss as hard as the loss of a parent who has passed away. Most of the time, therapeutic intervention is necessary to repair or improve damages.

 

In extreme cases, these damages can be irreversible. Children who experienced parental alienation and underwent psychiatric evaluations showed signs of developing severe mental illnesses such as on the bipolar spectrum, such as paranoid schizophrenia.

 

Save the child(ren) today!

The involvement of an expert attorney in the field of family law in general and in the field of parental alienation, in particular, may save the situation.

 

You must act as quickly as possible to prevent the situation from escalating and damage from occurring.

 

The alienating parent does not see the welfare of the child(ren) in front of him but rather his interests.

 

That is why it is of the utmost importance to consult as soon as possible with an attorney with experience, knowledge, and a deep understanding of parental alienation. In this case, early intervention is crucial. Constitutional and legal tools can be used to assist, such as imposing various sanctions on the alienating parent. They can be coupled with therapeutic factors that specialize in alienation and appointing a guardian for minors.