Parental alienation syndrome (PAS)
Parental Alienation Syndrome (PAS) is a controversial concept that primarily arises in the context of child custody disputes during divorce proceedings. It refers to a situation where one parent actively undermines the relationship between a child and the other parent, potentially leading to psychological harm to the child. PAS is characterized by several criteria, including the blocking of contact between the child and the absent parent, a significant deterioration in the child's relationship with that parent, and the creation of a fear-based environment by the alienating parent.
The diagnosis of PAS has sparked debate among mental health professionals, as it is not universally recognized in major diagnostic manuals and lacks consensus on its criteria and measurement. Critics argue that behaviors attributed to PAS may stem from other issues, such as actual parental abuse or the complexities of divorce stress. The treatment of PAS often involves family counseling; however, false accusations can lead to long-lasting psychological effects on children. Legal perspectives on PAS vary, with its acceptance differing among courts in various countries, and concerns have been raised about its potential to unjustly favor one parent over another, particularly in cases of abuse. The ongoing discourse reflects the nuanced and sensitive nature of family dynamics in the wake of separation.
Parental Alienation Syndrome (PAS)
Date: 1960s forward
Type of psychology: Biological bases of behavior; developmental psychology; emotion; motivation; personality; psychopathology; psychotherapy; social psychology; stress
Parental alienation syndrome is a proposed mental health condition caused by the systematic denigration of one parent by the other with the intent of alienating the child against the other parent, with no justification. PAS is frequently used in courts in custody disputes, but no well-controlled, empirical study has demonstrated its existence and it is not widely accepted as a valid diagnosis by the medical community..
Introduction
Parental alienation syndrome (PAS) has arisen primarily in the context of child custody in divorce actions. Divorcing parents getting joint custody find that the interactions that must take place in transferring the child between households further complicate emotions for both parents. There is an ongoing confusion in both the legal and the medical professions as to the syndrome’s nature and dimensions and how PAS can be detected. The courts have four main criteria to guide attorneys in establishing PAS.
Criterion I must show active blocking of access or contact between the child and the absent parent for the protection of the child.
Criterion II establishes that permanent termination of visitation has occurred as the result of accusations of physical abuse against the absent parent.
Criterion III establishes that a positive relationship existed between the child and the absent parent before the divorce or separation, but has severely deteriorated since then. Healthy established parental relationships do not erode naturally.
Criterion IV establishes that the alienating parent is creating a fear-based environment, causing a child to fear abandonment by the resident parent.
Opponents have argued that the criteria for diagnosing PAS are not agreed upon within the medical community, even among those who believe PAS exists; that objective methods of measuring various aspects of the criteria are lacking; and that most of the behaviors attributed to PAS can be attributed to other causes, such as actual abuse on the part of the parent making the alienation accusation; among other criticisms.
Diagnosing Parental Alienation Syndrome
Diagnosis of PAS in a legal proceeding is left to a mental health professional. The diagnosis by a physician or psychologist called to testify might be presented in clinical terms that are not always clear to the layman, especially to the emotionally biased parents involved. The diagnosis is therefore open to interpretation and argument by opposing attorneys. There is an ongoing argument among medical professionals regarding whether PAS is a syndrome (a number of symptoms occurring together, constituting a distinct clinical picture) or a disorder (a disruption or interference with normal functions or established systems). Further complicating the issue is the fact that PAS does not appear in the Diagnostic and Statistical Manual of Mental Disorders or in the World Health Organization's International Statistical Classification of Diseases and many clinicians do not accept it as a legitimate diagnosis.
One parent turning a child against another parent is not a complicated concept on its own. Historically, however, PAS has been hard to prove in court because of this lack of medical consensus and the many confounding factors involved in an acrimonious divorce. Because the parent making the alienation accusation often has not witnessed any of the alienating behavior that they allege the other parent has engaged in, it is hard to definitively prove that this behavior has occurred and that it is the cause of the child's symptoms, rather than other causes that could result in similar outward signs, such as abuse by the accusing parent or general stress related to the divorce.
Treatment Options
Arbitration by a family counseling specialist must be ordered before court proceedings begin. False accusations can psychologically damage a child for life. As adults, these children often seek out the alienated/absent parent, only to find that the accusations were unfounded. If severe guilt and emotional distress do exist, professional help is recommended immediately.
Controversy
PAS has not been received uncritically in the fields of psychology and law. Many psychology experts consider it lacking in scientific basis, noting that the original publications about PAS were self-published and that subsequent publications in peer-reviewed journals have been anecdotal case studies. As of 2018, no large-scale, repeatable, falsifiable clinical studies of PAS had been made. Neither the American Medical Association nor the American Psychiatric Association recognizes PAS, and the American Psychological Association declines to give a position on it due to the lack of data.
In the legal realm, courts in Canada and the United Kingdom have decided that a diagnosis of PAS is not admissible in a custody case; courts in the United States may still accept it, but its lack of support from the psychiatric and psychological community complicates its use in custody battles.
Additionally, some child advocacy and women's groups have raised concerns that Gardner's formulation of PAS demonizes mothers (whom he labeled as the alienating parent in the vast majority of cases) and enables the dismissal of legitimate instances of child abuse. A study looking at 238 cases found that fathers accused of abuse won custody 72 percent of the time if they accused the mother of alienation, as compared to 16 percent of the time if they did not. Some therapists and clinicians working with children in divorce situations also take issue with PAS's placement of the blame solely on one parent, believing that often both parents contribute to the problems.
Bibliography
Baker, Amy J. Adult Children of Parental Alienation Syndrome: Breaking the Ties That Bind. New York: Norton, 2007. Print.
Benuto, Lorraine T., et al. "Examining the Validity of Parental Alienation Syndrome." Journal of Child Custody, vol. 13, no. 2–3, 2016, pp. 113–25.
Bond, Richard. “The Lingering Debate over the Parental Alienation Syndrome Phenomenon.” Journal of Child Custody 4.1–2 (2008): 35–54. Print.
Bow, James N., Jonathan W. Gould, and James R. Flens. “Examining Parental Alienation in Child Custody Cases: A Survey of Mental Health and Legal Professionals.” American Journal of Family Therapy 37.2 (2009): 127–45. Print.
Clawar, S. S., and B. V. Rivlin. Children Held Hostage: Dealing with Programmed and Brainwashed Children. Chicago: Amer. Bar Assn., 1991. Print.
Crary, David. “Parental Alienation Not a Mental Disorder, American Psychiatric Association Says.” Huffington Post. TheHuffingtonPost.com, 21 Sept. 2012. Web. 29 May 2014.
De la Cruz, Juan Gabriel, Julio Antonio Guija, and Maria del Mar Pastor Bravo. "The So-Called Parental Alienation Syndrome and Its Derivations." Spanish Journal of Legal Medicine, vol. 48, no. 1, 2022, pp. 22-29, DOI: 10.1016/j.remle.2021.06.001. Accessed 12 Feb. 2023.
Emery, Robert E. “Parental Alienation Syndrome: Proponents Bear the Burden of Proof.” Family Court Review 43.1 (2005): 8–13. Print.
Endicott, Marisa. "How Parental Alienation Syndrome Is Changing Custody Cases across the US." The Huffington Post, 14 June 2017, www.huffingtonpost.com/entry/how-parental-alienation-syndrome-is-changing-custody‗us‗5939d367e4b094fa859f1719. Accessed 18 Sept. 2018.
Gardner, Richard A. Parental Alienation Syndrome. 2nd ed. Cresskill: Creative Therapeutics, 2000. Print.
Gardner, Richard A. “Should Courts Order PAS Children to Visit or Reside with the Alienated Parent?” The American Journal of Forensic Psychology 19.3 (2001): 61–106. Print.
Goldstein, Barry. "Parental Alienation Syndrome for Good Judges." Stop Abuse Campaign, 20 Apr. 2017, stopabusecampaign.org/2017/04/20/parental-alienation-syndrome-for-good-judges/. Accessed 18 Sept. 2018.
Lithwick, Dahlia. "Mommy Hates Daddy, and You Should Too." Slate, 17 May 2011, www.slate.com/articles/news‗and‗politics/jurisprudence/2011/05/mommy‗hates‗daddy‗and‗you‗should‗too.html. Accessed 18 Sept. 2018.
Moskovitch, Deborah. The Smart Divorce: Proven Strategies and Valuable Advice from One Hundred Top Divorce Lawyers, Financial Advisers, Counselors, and Other Experts. Chicago: Chicago Review, 2007. Print.
Turkat, Ira Daniel. “Questioning the Mental Health Expert’s Custody Report.” American Journal of Family Law 7 (1993): 175–77. Print.