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"In
the last 25 years, the concept of alienation has become a banner under
which disenfranchised fathers march, a curse that angry parents hurl at
their ex-partners, an exculpatory rationalization for sexual abuse
allegations to some and an excuse for selfish indifference to others.
It is the raison d’etre of a generation of family law professionals and
the worst nightmare of most family courts, an allegation that
amounts to abuse yet carries with it the aura of medical illness. For
all of this controversy, for all of the millions of dollars invested in
allegations and counterallegations, for all of the lives ruined or
rescued ... alienation is seldom understood for what it is—a necessary
and natural family-systems tool that is sometimes used as a weapon."
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“Across the country, the great
weight of authority holds that conduct by
one parent that tends to alienate the child’s affections from the other
is so inimical to the child’s welfare as to be grounds for a denial of
custody to, or a change of custody from, the parent guilty of such
conduct.”
Renaud
v. Renaud, 721 A.2d 463, 465-66 (Vt. 1998).
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Read
about
parentification,
adultification
and
infantilization
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What
is alienation?
Put
aside all the emotions likely to
have brought you here. Chances are you're living a nightmare (or
representing someone who is living a nightmare) and you're desperately
searching for answers. Now is not the time to take a course in child
and family development, but here you are, nonetheless.
Look at the world through the
child's eyes.
Responsible caregivers
routinely tell their children who to trust and
who not to trust. "Don't talk to strangers" and "Stay away from that
man in the overcoat" and "you're right, Uncle George is kind of
creepy." These are messages that undermine trust in a healthy (or
adaptive) way. Change the words a bit and the messages the opposite
occurs. Words can enable a child's
trust: "Yes, Uncle George is a very kind man, sweetie."
These messages, spoken and
unspoken, help families determine
membership. These are the tools of
affililiation. When a child's
security with a targeted figure
("Uncle George") is decreased, alienation
has occurred. When a child's security with a targeted figure is
increased, alignment has
occurred.
These messages are necessary
and natural. We each communicate who is
"in" and who is "out" constantly at work and among friends, on the
basketball court, in church and elsewhere. Teenage cliques are the best
examples because the messages and the resulting "in" and "out" groups
are so obvious.
When these same tools
are used
by rageful adults within an otherwise
secure family system to win selfish alliances, they become
weapons of abuse.
Read more here
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Alienation
seldom occurs alone
The empirical research
that is available strongly suggests that alienation seldom occurs
alone. In almost every instance studied, there are concurrent and
mutually compatible elements of ESTRANGEMENT and ENMESHMENT to various
degrees.
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For
example:
Johnston, J. R.,
Walters, M. G., & Olesen, N. W. (2005). Is it alienating parenting,
role
reversal,
or child abuse? A study of children's rejection of a parent in child
custody disputes. Journal of Emotional Abuse, 5(4).
Friedlander,
S.,
& Walters, M. (2010). When a child rejects a parent: Tailoring the
intervention
to fit the problem. Family Court Review, 48
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ESTRANGEMENT
is used in this field in a very specific manner to describe a child's
resistance to or refusal of contact with a caregiver for
objectively valid reasons. For example, when a child resists seeing a
violent and abusive mother, the dynamic is referred to as estrangement.
In this instance, the child's resistance is warranted and appropriate
to her experience of the parent.
By
contrast, if the same child resists or refuses contact with a parent in
a manner disproportionate to that parent's genuine sensitive,
responsive caregiving, (co-parental) alienation may be occuring.
Contrast alienation, estrangement
and related dynamics here
ENMESHMENT
describes a relationship that is lacking in healthy interpersonal
boundaries. Enmeshment between a parent and child must be understood as
a function of the child's development, understanding that healthy
boundaries between parent and infant are quite different than the
healthy bounadries for the same parent-child pair one or ten or twenty
years later.
In some enmeshed parent-child pairs, the child is prematurely promoted
to serve as a peer or even as the adult's caregiver. These are adultification
and parentification,
respectively. In other parent-child pairs, the adult cannot allow the
child to grow toward healthy independence. This is known as infantilization.
Read more here
To what degree alienation,
estrangement and enmeshment are at work in a given family will
determine the best combination of psychotherapeutic and court-ordered
remedies. Child-Centered
Family Evaluation (CCFE) is the only means of making this
determination.
Read more here
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Click
the image to
view a summary table
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Alienation
is NOT a syndrome.
Many
people hear this controversy as
a pointless matter of semantics. In fact, its quite important:
Some very well-known professionals argue that alienation is a syndrome
that is instilled in a child by a malicious parent. Richard Gardner
referred to this as Parental Alienation Syndrome, or PAS .
Search Dr.
Gardner's publications
A syndrome is a diagnosable constellation of symptoms
within an
individual (cf.., Down's Syndrome). Were alienation a syndrome (as in
PAS), then it would be possible to confirm or disconfirm its existence
by assessing the individual him- or herself. It is not.
But see
Gardner's argument for
inclusion of PAS in the DSM
Think of alienation as
a verb,
as in "to alienate a child from a
caregiver" rather than as a noun. Alienation can (and often does)
contribute to diagnosable symptoms (e.g., anxiety,
depression) and/or behaviors (e.g., resisting contact with one parent) within a child, but itself remains a dynamic that
exists in the
relationships, not in an individual. Be clear that the reverse is not
true: Although it is possible to diagnosis anxiety or depression and/or
to observe contact resistance within
a child, these are never sufficient
cause from which to therefore
conclude that alienation is afoot.
The American Psychological
Association agrees 
"While
it may be that in some divorces, children become estranged from their
non-custodial parent for a variety of reasons, there is no evidence
within the psychological literature
of a diagnosable parental
alienation syndrome."
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Read
Joan Meier (2009) on PAS
versus alienation 
The National Coalition of
Juvenile and Family Court Judges speaks out 
Read more here
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Evaluating
allegations of
alienation in the family courts.
Alienation cannot be
"diagnosed" in a child.
Because alienation is a dynamic (a verb) that
occurs within a family system, it can only be inferred with more or
less certainty by a neutral, child-centered mental health professional
who has conducted a comprehensive family systems assessment or CCFE 
Can alienation be
inferred from
a review of records
without
a CCFE?
Dad
believes
that Mom is alienating
10 year old Billy. Dad hasn't seen Billy in 12 months because Billy
completely refuses to go with him. Dad takes Mom to
court, claiming that she is in contempt of the standing
visitation
(contact) orders. Dad is motivated to participate in a CCFE hoping to
resume contact with his son, but Mom
refuses. The court won't endorse it. Dad calls Dr. Garber asking for
expert opinion in an effort to educate the court.
Read about expert opinion
Dr. Garber can interview Dad, review pounds of court documents, psych
evals and treatment records. He might even speak with references, but
in
the end these data are not sufficient grounds with which to conclude
that alienation has occurred. In this (all too
familiar) situation, the strongest statement possible is that the
available data are consistent with
the suggestion of alienation.
Inevitably, an expert's observation that data are consistent with (rather than conclusive or dispositive of) will be criticized
as incomplete: The same data may simultaneously be consistent with
other outcomes and additional data that the expert was not given access
to (interviewing Mom and Billy? What about the several other pounds of
documents?) might prove otherwise.
Does this mean that expert opinion derived in this manner is not
useful. No. In many cases, it may be the best option possible and it
can make a critical difference in the child's life, but it
must be understood for its necessary and inherent limits.
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Is
alienation abuse?
Yes.
But as of this writing, there are no known case law precedents or child
protective service (CPS) standards of practice.
In New Hampshire, for example,
the law states that, "children do best
when both parents have a stable and meaningful involvement in their
lives" (RSA 461-A:2) 
This may be interpreted to
suggest that anything which interferes with
a child's opportunity to enjoy "stable and meaningful" contact with a
parent is counter to the law. Thus, one caregiver's efforts to
undermine a child's relationship with another should be a matter of
dire importance. Unfortuately, it apparently does not rise to the level
of constituting abuse.
Under NH RSA
169-C:3II:
"Abused
child'' means any child who has been:
(a) Sexually abused; or
(b) Intentionally physically injured; or
(c) Psychologically injured so that said child exhibits symptoms of
emotional problems generally recognized to result from
consistent mistreatment or neglect; or
(d) Physically injured by other than accidental means.
Read more
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What are
the best remedies
when alienation occurs?
From
the child's point of view, there are only two healthy outcomes: Each
parent supports the child's opportunity to make and maintain the
healthiest relationship possible with the other parent and each parent
him- or herself is the best parent he or she can be.
Courts cannot mandate these outcomes.
When courts become involved, the label "alienation" seems to take on a
life of its own. Lawyers and litigants alike commonly talk about
alienation as if it were a crowbar
with which the court might wrench a child out of one home and into the
other.
Indeed, Gardner did recommend
that in cases of severe and entrenched
alienation, the child should be forcibly transferred out of the
alienating home so as to live with the despised and rejected caregiver.
Such a radical "parentectomy" is intended to correct the emotional
abuse imposed by the alienting parent.
Although
there are some cases
in which such a move may, indeed, serve
the child's best interests, this choice must be reached with tremendous
care, with special attention to the impact that the family dynamic is
having on the child's social, emotional, physical health, and academic
functioning and often after exhausting all other solutions.
Dr. Garber has
proposed a cautious, step-wise approach to the problem 
Will
the courts switch custody? 
Read
Stahl (1999) on alienation remedies
Feinberg & Loeb on
remedies
(1994) 
Canadian court changes
custody (Rogerson v. Tessario 2006) 
Case precedent exists,
but outcomes are
still unknown:
Read the March, 2011, New Hampshire Supreme Court
ruling in Miller v. Todd
Consider "...the case of A.A. v S.N.A., where
the
court, reversing the trial decision, ordered that custody of a
10-year-old girl be
transferred from
her
alienating mother to her rejected father, with a suspension of access
to the mother and maternal grandmother, including telephone access,
until otherwise recommended by the
court-appointed professional, or by a court order ...."
(Fidler & Bala, FCR 2010 p. 30; see A.A.
v. S.N.A., [2007] B.C.J. 870 (B.C.S.C.) per Preston J., reversed by
A.A. v. S.N.A., [2007] B.C.J. No. 1474 (B.C. C.A.).
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