Last updated on April 8, 2021
Parental alienation is an important concept in divorce and custody law. It is important to be able to protect one parent from the other parent turning the children against them. Without a claim of parental alienation, many parents would lose out on some of their custody rights.
However, there are some significant negative aspects of parental alienation and how it often plays out in divorce and custody litigation. In far too many cases, one divorcing spouse will try to manipulate the system and falsify instances of alienation. It is important to protect yourself from these falsified claims of alienation to protect your rights as a parent.
What is Parental Alienation?
Parental alienation (PA) – sometimes called parental alienation syndrome (PAS) – happens when one parent brain washes the children against the other parent in a divorce or custody battle.
The Problems with Parental Alienation Claims
The main problem with a claim of this kind is that it is difficult to prove or disprove. Did the other parent really brainwash the children?
According to the Huffington Post, there is a shifting trend in instances of parental alienation claims. “A preliminary examination of 238 cases indicates that fathers accused of abuse (adult or child), who in turn accused the mother of alienation, won their cases 72 percent of the time.”
Although the article looked at PA claims in the particular instances of divorces involving domestic abuse, but the point is telling. In a significant majority of cases studied in which the father claimed parental alienation, the father won.
The fact that these cases involve abuse make the issue even more important. The article argues that abuse (or other issues involved) should be assessed on their own merits, apart from any alienation claim that might be involved. This is the best way to ensure safety and justice for all involved in the legal process.
Although parental alienation claims are important in divorce and custody proceedings, so are the other issues involved, so it is critical to work with an experienced lawyer who can protect your rights in the legal process.