Allegations of Parental Alienation and Family Violence
The following blog post was written by Ibukun Ogunfuwa[1] and Joanna Harris[2]
Allegations of parental alienation can significantly impact cases involving family violence. It can be a very challenging and emotionally distressing situation for all involved, particularly the accused parent.
The term parental alienation was first coined by Richard Gardner in the mid-1980s, in response to what Gardner believed were false allegations of child sexual abuse.[3] Parental alienation, more generally, is now seen much more broadly in all kinds of parenting disputes. Allegations and counter-allegations of parental alienation are being used as a tactic in the litigation process.[4] Within the context of family violence, recourse to the concept of parental alienation by judges and other court-involved professionals can create very serious concerns.
Addressing allegations of parental alienation in cases where there is a history or presence of family violence requires careful consideration of how to balance the recognition of parental alienation with the need to protect and support victims of family violence. Naturally, in family violence cases, a parent (usually the mother)[5] who has been subjected to family violence has many well-grounded reasons to want to protect themselves and limit father-child contact due to violent behaviours and threats to their safety and their children’s safety. It is not uncommon for children who have been exposed to family violence to decline or limit visits with their fathers.
When navigating these challenging situations, the safety and well-being of the individuals involved, including the children, should always be a top priority. Here are some points to keep in mind:
- The reality: Parental alienation is often raised by fathers against mothers in cases involving family violence. The reality for such mothers is that they may eventually lose their children to their “abusive ex-partners”,[6] which for some women, results in “double victimization”.
False allegations of parental alienation have been made for decades to shift blame to survivors of family violence who attempt to act protectively toward their children. Recent research by Susan Boyd and Elizabeth Sheehy[7] suggests an exponential increase in parental alienation claims with disproportionate negative impacts on mothers. Even when the evidence of family violence is before the court, women’s and children’s concerns about family violence are more likely to be invalidated and seen as manifestations of the mother’s alienating behaviours when the issue of parental alienation is raised. Parental alienation claims can overshadow family violence and other issues, replacing a very complex dynamic with simplistic binaries of alienator and alienated.
- Evidence: Ensuring the court has evidence of family violence is crucial to demonstrate to the court the complexities of the situation. The lack of third-party evidence is sometimes wrongly assumed to indicate that there was no family violence.[8] There is an onus on survivors of family violence to prove the history of violence, which often requires significant economic and emotional resources. Many people cannot afford lawyers and family court proceedings can be overwhelming. There needs to be more awareness among justice partners that although the occurrence of violence may be historic, this violence is still relevant and must be considered. Moreover, research has shown that perpetrators of intimate partner violence may use the family court proceeding as a way to continue the abuse, which could include making false claims and accusations against the other parent.[9] Judges should carefully consider any allegations of parental alienation in cases involving family violence.
- Comprehensive investigation: Allegations of parental alienation can significantly impact the parenting arrangement outcomes for a child in family court. These allegations can be material in determining whether a parent will be granted sole decision-making responsibility or full parenting time rights. Allegations of parental alienation should therefore be thoroughly investigated. This may involve gathering evidence, such as police reports, medical records, witness statements, and any other documentation that supports or refutes the allegations. The court-appointed professionals must be willing to conduct thorough assessments and provide expert opinions. Mental health professionals, such as psychologists or social workers, can assess the dynamics within the family, evaluate the validity of the allegations, and make recommendations to the court. These mental health professionals also need to have training and experience in cases involving family violence.
- Child’s best interests: The court’s careful assessment of the impact of the parental alienation allegations on the child’s well-being is very important. The court may consider factors such as the child’s safety, emotional and physical needs, and the ability of each parent to provide a nurturing and stable environment.
- The child’s voice: The misuse of allegations of parental alienation can also undermine the court’s ability to meaningfully consider the children’s views and preferences when those views are seen as influenced by the “preferred” parent. The problem then becomes children being exposed to unsafe parenting arrangements, despite children’s rights to be both protected from family violence and to be heard.
The following strategies can be employed by survivors of family violence to effectively tackle the issue of false allegations of parental alienation:
- Gather evidence: When facing false accusations of parental alienation, it is crucial to collect compelling evidence to support your case. This may include a record of all relevant communication with the other parent: text messages, emails, and written correspondence. These records will help in demonstrating your efforts to foster a positive relationship with your child and help to refute allegations of alienation. It is also important to have evidence about a child’s exposure, whether direct or indirect, to the violence.
- Witnesses: Identify individuals who have witnessed your interactions with your child and can attest to the nature of your relationship. These witnesses may include family members, friends, teachers, coaches, or healthcare professionals. Obtain written statements or be prepared to call them as witnesses if needed. These individuals should be able to speak to your integrity, parenting abilities, and commitment to the well-being of your child. They may also be helpful in terms of providing evidence about the violence.
- Maintain a positive approach: Notwithstanding the accusation, continue to promote a positive and loving relationship with your child. Keep a detailed log of your involvement in your child’s life, such as attending school events, extracurricular activities, medical appointments, and any other significant events. This documentation can showcase your active and caring role as a parent.
- Expert Opinion: Consider requesting an evaluation from a qualified mental health professional, such as a psychologist or family therapist. A thorough evaluation can provide an impartial assessment of the situation and help counter the allegations of parental alienation. This evaluation can be conducted by a court-appointed expert or a professional agreed upon by both parties. It is critical that this professional have training and experience in cases involving family violence.
Addressing the dynamics of parental alienation requires a collective effort. The family law system and mental health care professionals must continue to proactively implement safeguards and interventions to mitigate its impact on families, especially families that have experienced family violence. It is crucial to address false accusations of parental alienation promptly and effectively to minimize the negative impacts on all parties involved, including the well-being of the children.
Legal professionals including judges, lawyers and support workers must be equipped with the knowledge and skills to recognize and differentiate genuine cases of parental alienation.[10] While analyzing the child’s best interests, the court must not lose sight of the issue of family violence. Researcher Suzanne Zaccour found in Quebec court of appeal decisions that “most women accused of parental alienation are victims of conjugal violence, yet the jurisprudence barely addressed this issue.”[11] The Centre for Research & Education on Violence Against Women and Children at Western University advocates for a trauma and violence-informed approach by family courts to avoid re-traumatizing mothers and children who have been subjected to family violence.[12]The court should ensure that children have their own legal representation in these cases in order to articulate the views and preferences of the child. The history of violence should be considered and viewed as relevant. There should also be very serious consequences if a party is found to have falsely accused another party of parental alienation. At the onset of the proceedings, parties should be informed about the available sanctions, which may include legal costs.
These are complex and difficult issues. It is therefore important to seek legal advice and assistance from professionals experienced in family law who can help navigate through the complexities of such situations. If you need support, please contact Luke’s Place at 905.728.0978 ext.235 or toll-free at 1.866.516.3116 ext.235, or email us to learn more or book an appointment.
[1] Ibukun Ogunfuwa is a Legal Support Worker at Luke’s Place where she supports women who are fleeing violence to navigate the family court process.
[2] Joanna Harris is a lawyer who volunteers with our Legal Clinic where she provides summary legal advice to women.
[3] Parental Alienation Syndrome is widely unaccepted by the medical field, including the American Medical Association, the American Psychiatric Association, and psychological associations. Parental Alienation Syndrome has not been accepted as a disorder by any medical association or psychological society.
[4] Berns, S. 2001, Parents behaving badly: Parental alienation syndrome in the Family Court—magic bullet or poisoned chalice? Australian Journal of Family Law, 15: 191-214.
[5] Reem Alsalem. 2023, “Custody, violence against women and violence against children” Report of the Special Rapporteur on violence against women and girls, its causes and consequences- UN General Assembly p. 5
[6] Sophie Fiddes, Making Matters Worse: An Analysis of Paragraph 22(2)(i) of the Child and Family Services Act, 2023 32 Dalhousie Journal of Legal Studies 87, 2023 CanLIIDocs 1171, <https://canlii.ca/t/7n4dn>, retrieved on 2023-06-09
[7] Elizabeth Sheehy and Susan B. Boyd, “Penalizing women’s fear: Intimate partner violence and parental alienation in Canadian child custody cases”, Journal of Social welfare and family law, 2020, 42:1, 80-91.
[8] Reem Alsalem. 2023, “Custody, violence against women and violence against children” Report of the Special Rapporteur on violence against women and girls, its causes and consequences- UN General Assembly p.5
[9] Ibid. p4
[10] Reem Alsalem. 2023, “Custody, violence against women and violence against children” Report of the Special Rapporteur on violence against women and girls, its causes and consequences- UN General Assembly p.20
[11] Suzanne Zaccour, “Does Domestic Violence Disappear from Parental Alienation Cases? Five Lessons
from Quebec for Judges, Scholars, and Policymakers” (2020) 33:2 Can J Fam L 301, online at: https://commons.allard.ubc.ca/cgi/viewcontent.cgi?article=1065&context=can-j-fam-l
[12] Tabibi, J., Jaffe, P., & Baker, L. (2021). Misuse of Parental Alienation in Family Court Proceedings Involving Allegations of Intimate Partner Violence – Part 2: Impacts on Survivors and Children. Learning Network Issue 34. London, Ontario: Centre for Research & Education on Violence Against Women & Children. ISBN # 978-1-988412-47-4, online at: https://www.vawlearningnetwork.ca/our-work/issuebased_newsletters/issue-34/Issue-34.pdf