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Co-Parenting Collaboration: Solutions When Parental Alienation Occurs
In the third instalment of our Co-Parenting Collaboration series, this blog post covers a rare but troubling issue that can arise in some cases: parental alienation. Parental alienation, despite how it sounds, has nothing to do with outer space. Parental alienation is a troubling and complex issue that can disrupt a child’s relationship with one of their parents, often to the point of complete estrangement. This week co-parenting blog, Co-Parenting Collaboration: Solutions When Parental Alienation Occurs, discusses how court’s deal with parental alienation and what tool’s parents have to address it.
What is Parental Alienation?
It refers to an ongoing pattern of negative attitudes, communication, and behavior by one parent aimed at undermining or damaging the child’s relationship with the other parent. These alienating behaviors can involve spreading false information, withholding positive details about the other parent, or even making the child believe that the targeted parent is dangerous or unworthy of their affection. In the worst cases, the child develops a hostile attitude towards a parent without any legitimate reason for such feelings.
When allegations of parental alienation arise, they present a challenge for family courts, which always prioritize the best interests of the child in any decision. If a child has been manipulated to the extent that they genuinely resist or refuse to have a relationship with one parent, the court is faced with a difficult decision about how to address the situation. Is it in the child’s best interests to force contact with the parent they now resist, even if their feelings are based on manipulated beliefs? And how can the situation be remedied to restore a healthy relationship?
Is Parental Alienation Common?
Thankfully, genuine parental alienation is not a common occurrence, and family courts are keenly aware of the potential misuse of alienation claims to deflect attention from other issues, such as allegations of domestic abuse. It’s crucial for the court to distinguish between legitimate concerns about a parent’s behavior and the effects of alienating behaviors that may have influenced the child’s rejection.
It’s important to note that a child’s reluctance to spend time with a parent can stem from many sources, including unhealthy dynamics, emotional attachment to one parent, or even a reaction to separation. A child’s response can evolve over time as they process the separation and their feelings toward each parent. Additionally, if the child has been subjected to abuse, their reluctance may be a reasonable response, and parental alienation may not be the cause.
What is the Court’s Role?
When alienating behaviors are suspected, courts will thoroughly examine the issue to determine its impact. If the court finds evidence of alienating behaviors, it may order therapy, such as reunification therapy, to address the estranged relationship.
Reunification therapy is often considered a potential solution in cases of parental alienation. This type of therapy involves a professional family therapist working with both parents and the child to help re-establish a relationship and address the underlying causes of the alienation. The goal is to promote understanding and healing, helping the child to reintegrate the alienated parent into their life in a way that is sensitive to the child’s emotional needs.
Caselaw Examples
When it comes to the court ordering reunification therapy, the decision is typically made when there is evidence suggesting that alienation is present, and when other remedies have been ineffective. Courts are cautious and will take into account factors such as the child’s age, maturity, and expressed wishes, such as in the case of Tsombanakis v. Lambis, (2024). While the child’s preferences are important, if there is evidence that the resistance to the parent is the result of alienating behaviors, the court may order therapy despite the child’s reluctance, like in B.J. v. D.M., (2023).
While parental alienation can have a lasting impact on family dynamics, reunification therapy offers a potential path to healing. If you or someone you know is struggling with the complexities of parental alienation consulting with a knowledgeable family lawyer, like those at McKenzie Lake Lawyers, can help you navigate the complexities and advocate for your children.
This article was written by Family Law Lawyer, Katrina Wiegers.
If you require assistance with any Family Law matter, speak to a Family Lawyer at McKenzie Lake Lawyers LLP by calling (519) 672-5666.
