Parental Alienation Concepts and the Law: An International Perspective

Abstract

“Parental alienation” and “parental alienation syndrome” are increasingly used in custody cases to explain children’s refusal to see a parent. Meanwhile, serious concerns are voiced by feminists, intimate partner violence scholars and the scientific community regarding the reliability of alienation theory. This chapter explores the use of parental alienation in the law from an international perspective. It first contextualizes the rise and purpose of alienation theory in legal systems. It then surveys the main critiques of the use of parental alienation theory in family court cases, notably the concerns that it is unscientific, that it is biased against women, and that it puts mothers and children at risk in contexts of domestic violence or child abuse. Finally, this chapter explores possible solutions to better protect women and children against the misuse of parental alienation in the law: can the concept be reformed to protect against false accusations of alienation by violent fathers, or must the whole theory be abandoned? While there is growing awareness of the problems with parental alienation theory, this chapter brings a uniquely international perspective on the alienation debate, relying on literature from the United States, Canada, Australia, Mexico, Brazil, Spain, France, and Italy.

Keywords: parental alienation, parental alienation syndrome, family law, child's best interest, divorce, domestic violence, intimate partner violence

JEL Classification: K36