Dealing with Parental AlienationParental alienation is the psychological manipulation of a child into showing unfounded fear, contempt or hostility towards a parent that is unjustified. Alienation is certainly a common counter-allegation when accusations of family violence and abuse are made in family law proceedings.
The concept of alienation syndrome is quite controversial, and many argue that it does not exist. In fact, it is so divisive that the Office of the United Nations High Commissioner for Human Rights launched an inquiry in late 2022 to comprehend how the ‘discredited’ notion of alienation has been progressed into child custody cases and how (if at all) it undermines the wellbeing and safety of children. Whether or not parental alienation syndrome ‘exists’, family lawyers can often be involved in cases where parents actively seek to undermine the relationship between a child and the other parent post separation. Examples of alienating behaviours can include:
In the case of McGregor & McGregor [2012] Fam CAFC 69, the Federal Circuit Court found that the father had alienated the children from the mother through:
The Full Court determined that it is “difficult to see on what basis academic writings could be permissibly relied upon unless tendered in evidence by one of the accepted means. This, it seems to us, is a crucial aspect of the use of such material.” Need help?Contact the Brisbane family law team at James Noble Law today for a FREE 20-minute consultation no obligation. To schedule an appointment with one of our Qualified and experienced Affordable Family lawyers in Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
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