ARTICLE
15 February 2023

Understanding the impact of parental alienation on a child custody decision

JF
Justice Family Lawyers

Contributor

We prioritize clarity in all legal matters, especially in family law cases like divorce and custody. Our goal is to ensure a quick and cost-efficient outcome for our clients so they can move forward with their lives. Trust our knowledge and experience to achieve the most agreeable settlement possible, providing peace of mind and clarity for all parties involved.
What is Parental Alienation? What are the signs? Impact? Parental alienation is taken into account when considering custody.
Australia Family and Matrimonial
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Family court cases can be challenging and often come down to the parent who has been more involved and beneficial to the child's life. A parent's right to custody is not a guarantee, and a court decision could be swayed if one parent's behaviour has interfered with the child's relationship with the other, this is known as 'parental alienation'.

Quick Summary

  1. Parental alienation is an issue that is taken into account when a court is deciding a custody case.
  2. It relates to a parent who has interfered with their child's relationship with their other parent.
  3. Signs of parental alienation may include a lack of communication, a lack of respect, and general hostile behaviour.

Parental alienation can significantly affect the outcome of a custody case and the overall wellbeing of a child. Thus, to be familiar with the concept and its full implications is key when facing a custody battle.

What is Parental Alienation?

Put simply, parental alienation (or alienation parental as it is sometimes referred to) relates to a parent's behaviour that interferes with the relationship between their child and the other parent. While it is common for a child to naturally feel some degree of anger towards one of their parents, alienation parental refers to extreme cases in which the child has been manipulated or coerced into viewing one of their parents in an overly negative and hostile way usually without good cause.

Not only does this damage the relationship between the child and the targeted parent, it can also cause long-term emotional distress for the child.

Signs of Alienation Parental

Alienation parental can often be difficult to notice and quantify, but there are some key indicators parents can look out for. If a child's parent has used any of these tactics in an intentional manner, alienation parental could be an issue:

  • Consistent negative comments about the other parent
  • Lack of respect or communication with the other parent when present
  • Refusing to spend quality time with the other parent
  • Making legal attempts to influence the judge's decision

It should be noted that these are not definite signs of alienation parental and should not be viewed simply as a checklist. The best way to identify this behaviour is to look out for certain patterns of hostility that demonstrate an attempt to interfere with the parent-child relationship.

Impact of Parental Alienation in the Courtroom

When it comes to child custody, a court will usually consider what is going to be in the child's best interests. If one parent has been found to have engaged in alienation parental, then this will likely have a huge impact on the court's decision. The parent exhibiting such behaviour may be found to be unfit to grant custody to their child.

A judge can take different approaches in order to deal with the issue of parental alienation. One common approach is for the judge to order a "parenting plan" where both parents must work together to create a plan for the child's future. This plan includes the amount of time the child will spend with both parents and any other issues pertinent to the parents and the child. This plan can be supervised by the court and can help the targeted parent to rebuild their relationship with their child.

In other cases, a judge can also order therapy sessions with a mental health professional to assist the child in dealing with the emotional turmoil of alienation parental. This can often be the most effective way of helping a child come to terms with their feelings.

Conclusion

Ultimately, parental alienation can have a significant impact on a child custody case. It is important that both parents are aware of the potential implications of their behaviour in order to reduce the chances of it becoming an issue in the courtroom.

If found guilty of such behaviour, a parent may face losing custody of their child or, at the very least, having a parenting plan implemented. This is why it is important for all parents to be mindful of their actions and to always put their child's wellbeing first.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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