Abstract
This note, however, does not focus on the role of parental alienation syndrome in the law, but avoids the controversy concerning PAS as a syndrome by concentrating on parental alienation conduct instead. The purpose is, therefore, to examine such behaviour in the context of domestic violence and harassment, which are subject to legal sanction and legal consequences. Although this behaviour may also amount to a specific crime, such as crimen iniuria, defeating or obstructing the course of justice, or defamation, that forms a separate discourse and is not addressed here. The first part of this note examines parental alienation as a form of psychological violence and abuse. As a wealth of literature already exists in the UnitedStates, this phenomenon is examined in the context of family law and tort law (law of delict) in the USA. Finally, this note provides an alternate hypothesis whereby parental alienation conduct is explored under the legal framework of domestic violence and harassment legislation.
Highlights
“Parental Alienation Syndrome” is the term created by a psychiatrist, Gardner, to explain the phenomenon where, to get sole custody, one parent attempts to brainwash their child into rejecting the other parent – a situation often encountered during custody disputes
Parental alienation tends to focus on the conduct of the parent, whereas parental alienation syndrome is more concerned with the conduct of the child (McGlynn “Parent and Child-custody and Control of Child: Parental Alienation: Trash Talking the Non-custodial Parent is Not Okay” 2001 77 North Dakota LR 525 533)
Despite the controversy surrounding parental alienation syndrome regard to the syndrome not being recognised as a disorder by either the former American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders (hereinafter “DSM-IV” (1994) or the DSM 5 (2013)), this does not mean that the phenomenon is discredited
Summary
“Parental Alienation Syndrome” is the term created by a psychiatrist, Gardner, to explain the phenomenon where, to get sole custody, one parent attempts to brainwash their child into rejecting the other parent – a situation often encountered during (but not limited to) custody disputes There is empirical research from a 12-year study undertaken of 700 families examining this phenomenon Matrimonial Law 148, where it is argued that not all disorders were included in the former DSM-IV, but that there was a diagnosis of “Not otherwise Specified” that would include parental alienation syndrome (PAS), as all the criteria listed have been met and it has been utilised by many mental health practitioners in the United States). This note provides an alternate hypothesis whereby parental alienation conduct is explored under the legal framework of domestic violence and harassment legislation
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