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Is Parental Alienation a Mental Health Issue?

Published: April 2, 2019

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Is Parental Alienation a Mental Health Issue?

The concept of parental alienation can, unfortunately, be common in the practice of family law; one that can affect decisions relating to support or even custody in some cases. However, parental alienation may soon also be considered a medical diagnosis, labelled as a disease with long-term repercussions affecting the children of parents who use manipulation in an attempt to create rifts in their relationships with other parents or family members.

The World Health Organization (“WHO”) is set to vote on the 11th revision of the International Classification of Diseases (ICD-11) next month, including the addition of ‘parental alienation’ to an updated list of diseases and related health problems. In extreme cases, experts have determined that this form of psychological manipulation of a child by one or both parents may lead to serious mental health consequences for those affected, including anxiety, lowered self-esteem and a higher risk of depression throughout their life.

What is Parental Alienation?

Parental alienation is the psychological manipulation of a child by a parent, to invoke hostility towards the other parent. It can be deliberate or unintentional, but certain behaviours can have the same consequences, regardless of the intent. These behaviours include:

  • belittling the other parent in front of the child or encouraging the child to do the same;
  • interfering when the other parent is set to spend time with the child or inflicting guilt on the child for spending time with the other parent;
  • portraying the other parent as being dangerous to the child; and
  • asking the child to help to spy on the other parent

What are the Symptoms of a Child Subjected to Parental Alienation?

Experts have identified certain behaviours to look for in children who may be suffering from this form of parental manipulation, which include:

  • rejection and denigration of a parent for reasons that are trivial;
  • rigid refusal to consider alternative views or explanations;
  • repetition of the favoured parent’s words;
  • using what may seem like a rehearsed script;
  • relatives are included in the rejection (even pets); and
  • little or no regret or guilt with respect to behaviour towards the parent being rejected 

Proposed Changes to Canada’s Divorce Act Set to Address Concerns of Parental Alienation

Bill C-78, a proposal to further promote, among other issues, the ‘best interests of the child’ under the Divorce Act, seeks to address the concept of parental alienation by specifically stating that courts should take this behaviour into consideration when making custody orders. The bill includes language that requires courts to consider this factor holistically, in conjunction with the child’s overall safety and well-being, recognizing that in some cases facilitating a relationship with both parents may not be in the child’s best interests.

Legal and Health Professionals Are Working Together to Protect Parents and Children

The long-term effects of parental alienation can be significant and can last well into adulthood. Children who have been subjected to parental alienation may have difficulty forming lasting, healthy relationships, suffer a higher rate of substance abuse and depression, and have a lower quality of life overall. As a result, experts are stressing the importance for the legal and psychological communities to come together to raise awareness of the consequences of this behaviour, as well as to put procedures and laws in place to prevent it whenever possible.

Ahead of the upcoming WHO vote, a meeting is being held in Toronto this month to examine the issue further with the help of experts in both law and developmental psychology with the goal of informing lawyers, judges, and psychologists around the world about the seriousness of this issue.

If Parental Alienation is a Concern in Your Divorce or Separation, Consult with a Family Lawyer Immediately

Child custody and access issues can add significant complications to divorce and/or separation, and acrimonious relationships between parents can have negative effects on the children involved if the parents exhibit certain behaviours or manipulation tactics. It is important to discuss all aspects of your situation with a qualified and experienced family law lawyer so that you can take every precaution possible to ensure that you preserve your legal entitlement to a relationship with your child, as well as do everything you can to maintain your child’s well-being. In addition, if you find that you are a parent suffering from alienation from your child, a lawyer can seek assistance in court on behalf of both you and your child.

At Gelman & Associates, our family and divorce lawyers strive to provide our clients with the information and resources necessary to make informed decisions about all family law matters. To support your mental well-being during this difficult period, we offer our clients a free consultation with a psychological professional if required. Please call us at (844) 736-0200 or reach us online if you have a custody and access issue or any other type of family law matter you need assistance with.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - divorce & separation

If you are litigating your matter, social media posts made by your spouse or partner may be relevant, especially if they contradict what your spouse is claiming in his or her pleadings.

For example, if a spouse is claiming financial hardship, a Facebook post that shows that spouse going on an expensive trip or posing with an expensive car can undermine such claim  and, potentially affect that party’s credibility in court if presented as evidence on a motion or at trial.

Further to photograph-based posts, statements that are made on social media by one party can be relevant if said posts (i) are related to the litigation, to issues of parenting  and/or (b) they contradict statements that were made by the party in his or her pleadings. For example, if a party who is attempting to establish that he or she is an appropriate custodial parent, then recent social media posts about extensive partying and drug use made by that party may be relevant in court, as they may speak to that party’s fitness when it comes to appropriate supervision of a child in his or her care.

The Ontario Attorney General’s website estimates that divorce proceedings can take approximately four to six months to complete, provided that all documents have been appropriately accomplished and submitted on time.

No. The law does not favour mothers over fathers in divorce proceedings. The judge will base his decision on the evidence laid out by both parties.

The main distinction between divorce and separation is that divorce ends your marriage formally. You and your partner are no longer married.
If you’re separated, you’re still legally married to each other even if you receive a formal separation, and you must continue to record that you’re married on documents.

No. You are not required to get a lawyer for a divorce. However, it is best if you retain one to ensure that you fully understand all your rights and obligations.

A joint divorce application occurs when you and your spouse both agree to a divorce and on all other family law matters such as parenting, spousal support, or division of property.

Yes, it is different. Family law problems are addressed mainly by provincial laws in Ontario. Divorce law, on the other hand, is controlled by federal legislation in the form of the Divorce Act, which applies uniformly across the country.

Divorce can be a difficult decision to make, especially if you’re unsure if your partner will sign the petition. However, a divorce does not require your partner’s consent. Although it may be a long process if your partner doesn’t comply, they will not be able to stop you indefinitely.

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