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Parental alienation syndrome

Parental alienation syndrome (PAS) is a term introduced by child psychiatrist Richard Gardner in 1985[1] to describe signs and symptoms he believed to be exhibited by children who have been alienated from one parent through manipulation by the other parent. Proposed symptoms included extreme but unwarranted fear, and disrespect or hostility towards a parent.[2] Gardner believed that a set of behaviors that he observed in some families involved in child custody litigation could be used to diagnose psychological manipulation or undue influence of a child by a parent, typically by the other parent who may be attempting to prevent an ongoing relationship between a child and other family members after family separation or divorce.[3] Use of the term "syndrome" has not been accepted by either the medical or legal communities and Gardner's research has been broadly criticized by legal and mental health scholars for lacking scientific validity and reliability.[4][5][6][7]

Initial description edit

Parental alienation syndrome is a term coined by child psychiatrist Richard A. Gardner drawing upon his clinical experiences in the early 1980s.[2][3] The concept of one parent attempting to separate their child from the other parent as punishment or part of a divorce have been described since at least the 1940s,[8][9] but Gardner was the first to define a specific syndrome. In his 1985 paper,[2] he defined PAS as

...a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child's campaign of denigration against the parent, a campaign that has no justification. The disorder results from the combination of indoctrinations by the alienating parent and the child's own contributions to the vilification of the alienated parent.[3]

He also stated that the indoctrination may be deliberate or unconscious on the part of the alienating parent.[10][11] Gardner initially believed that parents (usually mothers) made false accusations of child abuse and sexual abuse against the other parent (usually fathers) in order to prevent further contact between them.[12][13] While Gardner initially described the mother as the alienator in 90% of PAS cases, he later stated both parents were equally likely to alienate.[14][15][16] He also later stated that in his experience accusations of sexual abuse were not present in the vast majority of cases of PAS.[17]

Characteristics edit

Gardner described PAS as a preoccupation by the child with criticism and deprecation of a parent.[18] Gardner stated that PAS occurs when, in the context of child custody disputes, one parent deliberately or unconsciously attempts to alienate a child from the other parent.[19] According to Gardner, PAS is characterized by a cluster of eight symptoms that appear in the child. These include a campaign of denigration and hatred against the targeted parent; weak, absurd, or frivolous rationalizations for this deprecation and hatred; lack of the usual ambivalence about the targeted parent; strong assertions that the decision to reject the parent is theirs alone (the "independent-thinker phenomenon"); reflexive support of the favored parent in the conflict; lack of guilt over the treatment of the alienated parent; use of borrowed scenarios and phrases from the alienating parent; and the denigration not just of the targeted parent but also to that parent's extended family and friends.[11][15][20] Despite frequent citations of these factors in scientific literature, the value ascribed to these factors has not been explored with professionals in the field.[21]

Gardner and others divided PAS into mild, moderate and severe levels. The number and severity of the eight symptoms included in the syndrome were hypothesized to increase through the different levels. Recommendations for management differed according to the severity level of the child's symptoms. While a diagnosis of PAS is made based on the child's symptoms, Gardner stated that any change in custody should be based primarily on the symptom level of the alienating parent.[22]

In mild cases, it was alleged that there was some parental programming against the targeted parent, but little or no disruption of visitation, and Gardner did not recommend court-ordered visitation.

In moderate cases, it was alleged that more parental programming occurred resulting in greater resistance to visits with the targeted parent. Gardner recommended that primary custody remain with the programming parent if the brainwashing was expected to be discontinued, but if not, that custody should be transferred to the targeted parent. In addition, therapy with the child to stop alienation and remediate the damaged relationship with the targeted parent was recommended.

In severe cases, in which children were found to display most or all of the eight symptoms and refused to visit the targeted parent, possibly threatening to run away or engage in self-harm if forced to visit the other parent, Gardner recommended that the child be removed from the alienating parent's home into a transition home before moving into the home of the targeted parent.

In addition to modification of custody, Gardner recommended therapy for the child.[20][22] Gardner's proposed intervention for moderate and severe PAS, which include court-ordered transfer to the alienated parent, fines, house arrest, and incarceration, have been critiqued for their punitive nature towards the alienating parent and alienated child, and for the risk of abuse of power and violation of their civil rights.[23][24] With time, Gardner revised his views and expressed less support for the most aggressive management strategies.[23]

Reception edit

Gardner's original formulation, which labeled mothers almost exclusively as the alienating parent, was endorsed by fathers' rights groups, as it allowed fathers to explain the reluctance of their children to visit them and assign blame to their former wives.[23][25] In contrast, women's groups criticized the syndrome, concerned that it permitted abusers to claim that allegations of abuse by mother or child were reflective of brainwashing.[23] Gardner himself emphasized that PAS only applied in situations where there was no actual abuse or neglect had not occurred,[7][26] but by 1998, noted an increase in the awareness of PAS had led to an increase in its misapplication as an exculpatory legal maneuver.[27]

PAS has been cited in high-conflict divorce and child custody cases, particularly as a defense against accusations of domestic violence or sexual abuse.[5][20] The status of the syndrome, and thus its admissibility in the testimony of experts, has been the subject of dispute, with challenges raised about its acceptance by professionals in the field, whether it follows a scientific methodology that is testable, whether it has been tested and has a known error rate, and the extent to which the theory has been published and peer-reviewed.[20]

PAS has not been accepted by experts in psychology, child advocacy or the study of child abuse[6] or legal scholars.[7] PAS has been extensively criticized by members of the legal and mental health community, who state that PAS should not be admissible in child custody hearings based on both science and law.[5][6][7][20][28]

No professional association has recognized PAS as a relevant medical syndrome or mental disorder. PAS is not listed in the International Statistical Classification of Diseases and Related Health Problems of the WHO. It is not recognized by the American Medical Association or the American Psychiatric Association.[7][29][30][31] The American Psychological Association declined to give a position on PAS, but raised concerns over its lack of supporting data and how the term is used.[32] The APA's 1996 Presidential Task Force on Violence and the Family expressed concern that custody evaluators use PAS as a means of giving custody to fathers despite a history of violence, a concern shared by other commentators.[5][33][34] The United States National Council of Juvenile and Family Court Judges rejected PAS, recommending it not be used for the consideration of child-custody issues.[25]

The admissibility of PAS was rejected by an expert review panel and the Court of Appeal of England and Wales in the United Kingdom[35][36] and Canada's Department of Justice recommends against its use. PAS has been mentioned in some family court cases in the United States. Gardner portrayed PAS as well accepted by the judiciary and having set a variety of precedents, but legal analysis of the actual cases indicates that as of 2006 this claim was incorrect.

Exclusion from the DSM edit

PAS is not included in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM-IV).[7][29][30][31] Gardner and others lobbied for its inclusion in the DSM-V revision.[37][38] In 2001, Gardner argued that when the DSM-IV was released, there was insufficient research to include PAS, but since then, there have been enough scientific articles and attention to PAS that it merited being taken seriously.[37]

A survey of American custody evaluators, published in 2007, found that half of the respondents disagreed with its inclusion, while a third thought it should be.[11] A related formulation, named parental alienation disorder, has been proposed, suggesting that inclusion of PAS in the DSM-5 would promote research and appropriate treatment, as well as reduce misuse of a valid and reliable construct.[8] In December 2012, the American Psychiatric Association announced that PAS would not be included in the DSM-V revision.[39] However, there are now diagnoses included in DSM-V that reflect the impact of parental behavior upon children, in particular parent-child relational problem and child affected by parental relationship distress.[40] The key distinction is that the diagnoses listed in the DSM relate to the mental health of the diagnosed individual, as opposed to attempting to describe a disorder of the relationship between different people, whether parent-child or parent-parent.[41]

Scientific status edit

Gardner's formulation of PAS is critiqued as lacking a scientific basis,[42][43][44] and as a hypothesis whose proponents have failed to meet the scientific burden of proof to merit acceptance.[7][42][44][45][46] The first publications about PAS were self-published and not peer reviewed,[9] and though subsequent articles have been published in peer reviewed journals, most have consisted of anecdotal evidence in the form of case studies;[18][47] in addition, the limited research into PAS has lacked evidence of its validity and reliability.[5][6] The lack of objective research and replication, falsifiability, and independent publication has led to claims that PAS is pseudoscience or junk science.[4][42][43] Proponents of PAS concur that large scale systematic controlled studies into PAS's validity and reliability are required,[9][11][48] supplementing a single small study in 2004 which suggested practitioners could come to a consensus based on written reports.[28]

The theoretical foundation of PAS has been described as incomplete, simplistic and erroneous for ignoring the multiple factors (including the behaviors of the child, parents and other family members) that may contribute to parental alienation, family dysfunction and a breakdown in attachment between a parent and a child.[9][14][33][18][49] In this view, PAS confuses a child's developmental reaction to a divorce with psychosis, vastly overstates the number of false allegations of child sexual abuse, ignores the scientific literature suggesting most allegations of child sexual abuse are well founded and thus well-meaning efforts to protect a child from an abusive parent, exaggerates the damaging effects of parental alienation on children and proposes an unsupported and endangering remedy for PAS.[5][28] Concern has been expressed that PAS lacks adequate scientific support to be considered a syndrome and that Gardner has promoted PAS as a syndrome based on a vague clustering of behaviors.[9][30] Despite concerns about the validity of testimony regarding PAS, it has been inappropriately viewed as reliable by family court judges.[7] Proponents of PAS and others agree that using the designation of syndrome may be inappropriate as it implies more scientific legitimacy than it currently deserves.[18][23][48]

While PAS is not accepted as scientifically valid, the concept of parental alienation has been advanced based upon theories of the "alienated child" and the dynamics that may have contributed to the child's alienation from a parent.[50] Like PAS, parental alienation is not recognized as a diagnosable mental condition.[51]

Clinical status edit

PAS has been criticized for making clinical work with children who are alienated more confusing[9] and for labeling children with a mental diagnosis who may react angrily to their parents' separation or divorce.[52] Gardner's analysis has been criticized for inappropriately assigning all responsibility of the child's behavior to one parent when the child's behavior is oftentimes, but not always, the result of a dynamic in which both parents and the child play a role.[24][49]

Gardner disagreed with criticism of PAS as overly simplistic, stating that while there are a wide variety of causes on why a child may become alienated from a parent, the primary etiological factor in cases of PAS is the brainwashing parent, and that otherwise, there is no PAS.[27] Gardner also stated that those initially critical of PAS for being a caricature were not directly involved with families in custody disputes and that criticisms of this nature faded by the late 1980s because the disorder was widespread.[3] However, no scientific study has yet demonstrated that the elements of PAS are unique to alleged parental alienation such that they are useful for diagnosis.[53]

PAS has been criticized by for being sexist, being used by fathers to marginalize legitimate fears and concerns about abuse, and women's groups and others oppose the legitimacy of PAS as a danger to children.[33] After his initial publications, Gardner revised his theory to make fathers and mothers equally likely to alienate or be indoctrinators and disagreed that recognition of PAS is sexist. Gardner later indicated he believed men were equally likely to be PAS indoctrinators.[27] Studies of children and adults labelled with PAS have suggested that mothers were more likely than fathers to be the alienator.[11]

In courts edit

Canada edit

Early Canadian court cases accepted expert opinions about PAS, used the term "syndrome" and concurred with Gardner's theory that only one parent was fully responsible for it. Gardner testified in one case (Fortin v. Major, 1996) but the court did not accept his opinion, concluding that the child was not alienated based on the evaluation of a court-appointed expert who, unlike Gardner, had met with the family members.[23] More recent cases, while accepting the concept of alienation, have noted the lack of recognition in the DSM-IV, and have generally avoided "syndrome" terminology, emphasizing that changes in custody are stressful for the child and should only occur in the most severe cases.[23] A 2006 research report by the Canadian Department of Justice described PAS as "empirically unsupported" and favored a different framework for dealing with issues of alienation that has more research support.[54] Decisions about possible parental alienation are considered a legal decision, to be determined by the judge based on the facts of the case, rather than a diagnosis made by a mental health professional. There is recognition that rejection of a parent is a complex issue, and that a distinction must be made between pathological alienation and reasonable estrangement.[23]

United Kingdom edit

In the United Kingdom, the admissibility concerning the evaluation of PAS was rejected both in an expert review,[55] and by the Court of Appeal.[35][36]

United States edit

On occasion, PAS has been cited as part of the child custody determination process in the United States,[35] and some courts have awarded sole custody to one parent based upon findings of PAS.[7] In some cases a custody court's acceptance of allegations of parental alienation have resulted in children being placed in the custody of an abusive parent.[56][57][58]

The admissibility of testimony alleging PAS has been challenged under the Frye test and Daubert standard, to evaluate if it has sufficient scientific basis and acceptance within the scientific community.[7][59]

Richard Gardner's claims edit

Although Gardner claimed that PAS was generally accepted by the scholarly community and had passed the Frye test in two states,[27] a 2006 analysis of court cases involving PAS and cited by Gardner concluded that these decisions did not set legal precedent, that PAS is viewed negatively in most legal scholarship, and that Gardner's writings do not support the existence of PAS. Of sixty-four precedent-bearing cases reviewed at that time, only two decisions, both in New York State and both in criminal courts actually set precedents. Both held that the theory of PAS was inadmissible. One of the cases, subsequently upheld on appeal, found that PAS failed the Frye test as the appropriate professional community did not generally accept.

At the time, Gardner listed fifty cases on his website that he claimed set precedents that made PAS admissible. Upon review it was determined that none of the cases set precedents for the admissibility of PAS. forty-six set no precedents or did not discuss admissibility and the remaining four were problematic. In the first the trial court found that PAS passed the Frye test, but that finding was not reviewed on appeal so as to become precedential as the trial court "[threw] out the words 'parental alienation syndrome'" and focused instead on the "willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the parents and the child" under the state's child custody best interest factors.[60] In the second case, the appellate court did not discuss PAS. The third case specifically chose not to discuss the admissibility of PAS and the fourth made no decision on PAS.[7]

Case law edit

In one New York case, Matter of Robert Coull v. Pamela Rottman, 15 N.Y.S.3d 834, 131 AD 3d 964 (2015), child support was suspended based upon a trial court's finding of a parent's alienating behaviors. The court found that the father was prevented from seeing his son by the child's mother through a "pattern of alienation", and child support was suspended on that basis.[61][62] The decision was not based upon a psychological diagnosis, but was instead based upon a pattern of alienation actions and behaviors by the mother and her conduct during court proceedings.[61]

A focus on parental behavior allows a court to base its decision "upon accepted psychological concepts and diagnoses... without mention of the controversial and potentially inflammatory concept of PAS"; New York has followed this approach, with a court explaining,[63]

PAS, essentially dismissed as "junk science", is not generally accepted in the scientific community, as it is not an approved term or diagnosis in the field of psychiatry and no New York court has allowed the admission of testimony concerning PAS.... However, New York Courts have embraced parental alienation as a concept. In recognizing that parental alienation can exist, some courts have loosely defined it as a custodial parent's active interference with or deliberate and unjustified frustration of the non-custodial parents' reasonable right of access to the child.

That approach treats parental alienation as a descriptive concept, allowing a court to consider parental behavior without the need to determine whether parental alienation is a valid psychological construct.[64]

See also edit

References edit

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External links edit

  • Parental alienation syndrome at Curlie

parental, alienation, syndrome, this, article, about, purported, pediatric, mental, disorder, proposed, concept, parental, alienation, term, introduced, child, psychiatrist, richard, gardner, 1985, describe, signs, symptoms, believed, exhibited, children, have. This article is about a purported pediatric mental disorder For the proposed concept see Parental alienation Parental alienation syndrome PAS is a term introduced by child psychiatrist Richard Gardner in 1985 1 to describe signs and symptoms he believed to be exhibited by children who have been alienated from one parent through manipulation by the other parent Proposed symptoms included extreme but unwarranted fear and disrespect or hostility towards a parent 2 Gardner believed that a set of behaviors that he observed in some families involved in child custody litigation could be used to diagnose psychological manipulation or undue influence of a child by a parent typically by the other parent who may be attempting to prevent an ongoing relationship between a child and other family members after family separation or divorce 3 Use of the term syndrome has not been accepted by either the medical or legal communities and Gardner s research has been broadly criticized by legal and mental health scholars for lacking scientific validity and reliability 4 5 6 7 Contents 1 Initial description 2 Characteristics 3 Reception 3 1 Exclusion from the DSM 3 2 Scientific status 3 3 Clinical status 4 In courts 4 1 Canada 4 2 United Kingdom 4 3 United States 4 3 1 Richard Gardner s claims 4 3 2 Case law 5 See also 6 References 7 External linksInitial description editParental alienation syndrome is a term coined by child psychiatrist Richard A Gardner drawing upon his clinical experiences in the early 1980s 2 3 The concept of one parent attempting to separate their child from the other parent as punishment or part of a divorce have been described since at least the 1940s 8 9 but Gardner was the first to define a specific syndrome In his 1985 paper 2 he defined PAS as a disorder that arises primarily in the context of child custody disputes Its primary manifestation is the child s campaign of denigration against the parent a campaign that has no justification The disorder results from the combination of indoctrinations by the alienating parent and the child s own contributions to the vilification of the alienated parent 3 He also stated that the indoctrination may be deliberate or unconscious on the part of the alienating parent 10 11 Gardner initially believed that parents usually mothers made false accusations of child abuse and sexual abuse against the other parent usually fathers in order to prevent further contact between them 12 13 While Gardner initially described the mother as the alienator in 90 of PAS cases he later stated both parents were equally likely to alienate 14 15 16 He also later stated that in his experience accusations of sexual abuse were not present in the vast majority of cases of PAS 17 Characteristics editGardner described PAS as a preoccupation by the child with criticism and deprecation of a parent 18 Gardner stated that PAS occurs when in the context of child custody disputes one parent deliberately or unconsciously attempts to alienate a child from the other parent 19 According to Gardner PAS is characterized by a cluster of eight symptoms that appear in the child These include a campaign of denigration and hatred against the targeted parent weak absurd or frivolous rationalizations for this deprecation and hatred lack of the usual ambivalence about the targeted parent strong assertions that the decision to reject the parent is theirs alone the independent thinker phenomenon reflexive support of the favored parent in the conflict lack of guilt over the treatment of the alienated parent use of borrowed scenarios and phrases from the alienating parent and the denigration not just of the targeted parent but also to that parent s extended family and friends 11 15 20 Despite frequent citations of these factors in scientific literature the value ascribed to these factors has not been explored with professionals in the field 21 Gardner and others divided PAS into mild moderate and severe levels The number and severity of the eight symptoms included in the syndrome were hypothesized to increase through the different levels Recommendations for management differed according to the severity level of the child s symptoms While a diagnosis of PAS is made based on the child s symptoms Gardner stated that any change in custody should be based primarily on the symptom level of the alienating parent 22 In mild cases it was alleged that there was some parental programming against the targeted parent but little or no disruption of visitation and Gardner did not recommend court ordered visitation In moderate cases it was alleged that more parental programming occurred resulting in greater resistance to visits with the targeted parent Gardner recommended that primary custody remain with the programming parent if the brainwashing was expected to be discontinued but if not that custody should be transferred to the targeted parent In addition therapy with the child to stop alienation and remediate the damaged relationship with the targeted parent was recommended In severe cases in which children were found to display most or all of the eight symptoms and refused to visit the targeted parent possibly threatening to run away or engage in self harm if forced to visit the other parent Gardner recommended that the child be removed from the alienating parent s home into a transition home before moving into the home of the targeted parent In addition to modification of custody Gardner recommended therapy for the child 20 22 Gardner s proposed intervention for moderate and severe PAS which include court ordered transfer to the alienated parent fines house arrest and incarceration have been critiqued for their punitive nature towards the alienating parent and alienated child and for the risk of abuse of power and violation of their civil rights 23 24 With time Gardner revised his views and expressed less support for the most aggressive management strategies 23 Reception editGardner s original formulation which labeled mothers almost exclusively as the alienating parent was endorsed by fathers rights groups as it allowed fathers to explain the reluctance of their children to visit them and assign blame to their former wives 23 25 In contrast women s groups criticized the syndrome concerned that it permitted abusers to claim that allegations of abuse by mother or child were reflective of brainwashing 23 Gardner himself emphasized that PAS only applied in situations where there was no actual abuse or neglect had not occurred 7 26 but by 1998 noted an increase in the awareness of PAS had led to an increase in its misapplication as an exculpatory legal maneuver 27 PAS has been cited in high conflict divorce and child custody cases particularly as a defense against accusations of domestic violence or sexual abuse 5 20 The status of the syndrome and thus its admissibility in the testimony of experts has been the subject of dispute with challenges raised about its acceptance by professionals in the field whether it follows a scientific methodology that is testable whether it has been tested and has a known error rate and the extent to which the theory has been published and peer reviewed 20 PAS has not been accepted by experts in psychology child advocacy or the study of child abuse 6 or legal scholars 7 PAS has been extensively criticized by members of the legal and mental health community who state that PAS should not be admissible in child custody hearings based on both science and law 5 6 7 20 28 No professional association has recognized PAS as a relevant medical syndrome or mental disorder PAS is not listed in the International Statistical Classification of Diseases and Related Health Problems of the WHO It is not recognized by the American Medical Association or the American Psychiatric Association 7 29 30 31 The American Psychological Association declined to give a position on PAS but raised concerns over its lack of supporting data and how the term is used 32 The APA s 1996 Presidential Task Force on Violence and the Family expressed concern that custody evaluators use PAS as a means of giving custody to fathers despite a history of violence a concern shared by other commentators 5 33 34 The United States National Council of Juvenile and Family Court Judges rejected PAS recommending it not be used for the consideration of child custody issues 25 The admissibility of PAS was rejected by an expert review panel and the Court of Appeal of England and Wales in the United Kingdom 35 36 and Canada s Department of Justice recommends against its use PAS has been mentioned in some family court cases in the United States Gardner portrayed PAS as well accepted by the judiciary and having set a variety of precedents but legal analysis of the actual cases indicates that as of 2006 this claim was incorrect Exclusion from the DSM edit PAS is not included in the American Psychiatric Association s Diagnostic and Statistical Manual of Mental Disorders DSM IV 7 29 30 31 Gardner and others lobbied for its inclusion in the DSM V revision 37 38 In 2001 Gardner argued that when the DSM IV was released there was insufficient research to include PAS but since then there have been enough scientific articles and attention to PAS that it merited being taken seriously 37 A survey of American custody evaluators published in 2007 found that half of the respondents disagreed with its inclusion while a third thought it should be 11 A related formulation named parental alienation disorder has been proposed suggesting that inclusion of PAS in the DSM 5 would promote research and appropriate treatment as well as reduce misuse of a valid and reliable construct 8 In December 2012 the American Psychiatric Association announced that PAS would not be included in the DSM V revision 39 However there are now diagnoses included in DSM V that reflect the impact of parental behavior upon children in particular parent child relational problem and child affected by parental relationship distress 40 The key distinction is that the diagnoses listed in the DSM relate to the mental health of the diagnosed individual as opposed to attempting to describe a disorder of the relationship between different people whether parent child or parent parent 41 Scientific status edit Gardner s formulation of PAS is critiqued as lacking a scientific basis 42 43 44 and as a hypothesis whose proponents have failed to meet the scientific burden of proof to merit acceptance 7 42 44 45 46 The first publications about PAS were self published and not peer reviewed 9 and though subsequent articles have been published in peer reviewed journals most have consisted of anecdotal evidence in the form of case studies 18 47 in addition the limited research into PAS has lacked evidence of its validity and reliability 5 6 The lack of objective research and replication falsifiability and independent publication has led to claims that PAS is pseudoscience or junk science 4 42 43 Proponents of PAS concur that large scale systematic controlled studies into PAS s validity and reliability are required 9 11 48 supplementing a single small study in 2004 which suggested practitioners could come to a consensus based on written reports 28 The theoretical foundation of PAS has been described as incomplete simplistic and erroneous for ignoring the multiple factors including the behaviors of the child parents and other family members that may contribute to parental alienation family dysfunction and a breakdown in attachment between a parent and a child 9 14 33 18 49 In this view PAS confuses a child s developmental reaction to a divorce with psychosis vastly overstates the number of false allegations of child sexual abuse ignores the scientific literature suggesting most allegations of child sexual abuse are well founded and thus well meaning efforts to protect a child from an abusive parent exaggerates the damaging effects of parental alienation on children and proposes an unsupported and endangering remedy for PAS 5 28 Concern has been expressed that PAS lacks adequate scientific support to be considered a syndrome and that Gardner has promoted PAS as a syndrome based on a vague clustering of behaviors 9 30 Despite concerns about the validity of testimony regarding PAS it has been inappropriately viewed as reliable by family court judges 7 Proponents of PAS and others agree that using the designation of syndrome may be inappropriate as it implies more scientific legitimacy than it currently deserves 18 23 48 While PAS is not accepted as scientifically valid the concept of parental alienation has been advanced based upon theories of the alienated child and the dynamics that may have contributed to the child s alienation from a parent 50 Like PAS parental alienation is not recognized as a diagnosable mental condition 51 Clinical status edit PAS has been criticized for making clinical work with children who are alienated more confusing 9 and for labeling children with a mental diagnosis who may react angrily to their parents separation or divorce 52 Gardner s analysis has been criticized for inappropriately assigning all responsibility of the child s behavior to one parent when the child s behavior is oftentimes but not always the result of a dynamic in which both parents and the child play a role 24 49 Gardner disagreed with criticism of PAS as overly simplistic stating that while there are a wide variety of causes on why a child may become alienated from a parent the primary etiological factor in cases of PAS is the brainwashing parent and that otherwise there is no PAS 27 Gardner also stated that those initially critical of PAS for being a caricature were not directly involved with families in custody disputes and that criticisms of this nature faded by the late 1980s because the disorder was widespread 3 However no scientific study has yet demonstrated that the elements of PAS are unique to alleged parental alienation such that they are useful for diagnosis 53 PAS has been criticized by for being sexist being used by fathers to marginalize legitimate fears and concerns about abuse and women s groups and others oppose the legitimacy of PAS as a danger to children 33 After his initial publications Gardner revised his theory to make fathers and mothers equally likely to alienate or be indoctrinators and disagreed that recognition of PAS is sexist Gardner later indicated he believed men were equally likely to be PAS indoctrinators 27 Studies of children and adults labelled with PAS have suggested that mothers were more likely than fathers to be the alienator 11 In courts editCanada edit Early Canadian court cases accepted expert opinions about PAS used the term syndrome and concurred with Gardner s theory that only one parent was fully responsible for it Gardner testified in one case Fortin v Major 1996 but the court did not accept his opinion concluding that the child was not alienated based on the evaluation of a court appointed expert who unlike Gardner had met with the family members 23 More recent cases while accepting the concept of alienation have noted the lack of recognition in the DSM IV and have generally avoided syndrome terminology emphasizing that changes in custody are stressful for the child and should only occur in the most severe cases 23 A 2006 research report by the Canadian Department of Justice described PAS as empirically unsupported and favored a different framework for dealing with issues of alienation that has more research support 54 Decisions about possible parental alienation are considered a legal decision to be determined by the judge based on the facts of the case rather than a diagnosis made by a mental health professional There is recognition that rejection of a parent is a complex issue and that a distinction must be made between pathological alienation and reasonable estrangement 23 United Kingdom edit In the United Kingdom the admissibility concerning the evaluation of PAS was rejected both in an expert review 55 and by the Court of Appeal 35 36 United States edit On occasion PAS has been cited as part of the child custody determination process in the United States 35 and some courts have awarded sole custody to one parent based upon findings of PAS 7 In some cases a custody court s acceptance of allegations of parental alienation have resulted in children being placed in the custody of an abusive parent 56 57 58 The admissibility of testimony alleging PAS has been challenged under the Frye test and Daubert standard to evaluate if it has sufficient scientific basis and acceptance within the scientific community 7 59 Richard Gardner s claims edit Although Gardner claimed that PAS was generally accepted by the scholarly community and had passed the Frye test in two states 27 a 2006 analysis of court cases involving PAS and cited by Gardner concluded that these decisions did not set legal precedent that PAS is viewed negatively in most legal scholarship and that Gardner s writings do not support the existence of PAS Of sixty four precedent bearing cases reviewed at that time only two decisions both in New York State and both in criminal courts actually set precedents Both held that the theory of PAS was inadmissible One of the cases subsequently upheld on appeal found that PAS failed the Frye test as the appropriate professional community did not generally accept At the time Gardner listed fifty cases on his website that he claimed set precedents that made PAS admissible Upon review it was determined that none of the cases set precedents for the admissibility of PAS forty six set no precedents or did not discuss admissibility and the remaining four were problematic In the first the trial court found that PAS passed the Frye test but that finding was not reviewed on appeal so as to become precedential as the trial court threw out the words parental alienation syndrome and focused instead on the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the parents and the child under the state s child custody best interest factors 60 In the second case the appellate court did not discuss PAS The third case specifically chose not to discuss the admissibility of PAS and the fourth made no decision on PAS 7 Case law edit In one New York case Matter of Robert Coull v Pamela Rottman 15 N Y S 3d 834 131 AD 3d 964 2015 child support was suspended based upon a trial court s finding of a parent s alienating behaviors The court found that the father was prevented from seeing his son by the child s mother through a pattern of alienation and child support was suspended on that basis 61 62 The decision was not based upon a psychological diagnosis but was instead based upon a pattern of alienation actions and behaviors by the mother and her conduct during court proceedings 61 A focus on parental behavior allows a court to base its decision upon accepted psychological concepts and diagnoses without mention of the controversial and potentially inflammatory concept of PAS New York has followed this approach with a court explaining 63 PAS essentially dismissed as junk science is not generally accepted in the scientific community as it is not an approved term or diagnosis in the field of psychiatry and no New York court has allowed the admission of testimony concerning PAS However New York Courts have embraced parental alienation as a concept In recognizing that parental alienation can exist some courts have loosely defined it as a custodial parent s active interference with or deliberate and unjustified frustration of the non custodial parents reasonable right of access to the child That approach treats parental alienation as a descriptive concept allowing a court to consider parental behavior without the need to determine whether parental alienation is a valid psychological construct 64 See also editChild abuse Family estrangement Gatekeeper parent Parental alienation Parentification Richard A Gardner Triangulation psychology References edit Clemente Miguel Padilla Racero Dolores April 2015 Are children susceptible to manipulation The best interest of children and their testimony Children and Youth Services Review 51 101 107 doi 10 1016 j childyouth 2015 02 003 a b c Gardner Richard Summer 1985 Recent Trends in Divorce and Custody Litigation PDF Academy Forum 29 2 3 7 a b c d Gardner RA 2001 Parental Alienation Syndrome PAS Sixteen Years Later Academy Forum 45 1 10 12 Retrieved 2009 03 31 a b Faller KC 1998 The parental alienation syndrome What is it and what data support it PDF Child Maltreatment 3 2 100 115 doi 10 1177 1077559598003002005 hdl 2027 42 67847 S2CID 143768958 a b c d e f Bruch CS 2001 Parental Alienation Syndrome and Parental Alienation Getting It Wrong in Child Custody Cases PDF Family Law Quarterly 35 527 527 552 a b c d Wood CL 1994 The parental alienation syndrome a dangerous aura of reliability Loyola of Los Angeles Law Review 29 1367 1415 Retrieved 2008 04 12 a b c d e f g h i j k Hoult JA 2006 The Evidentiary Admissibility of Parental Alienation Syndrome Science Law and Policy Children s Legal Rights Journal 26 1 SSRN 910267 a b Bernet W 2008 Parental Alienation Disorder and DSM V The American Journal of Family Therapy 36 5 349 366 doi 10 1080 01926180802405513 S2CID 143330843 a b c d e f Warshak RA 2001 Current controversies regarding parental alienation syndrome PDF American Journal of Forensic Psychology 19 3 29 59 Archived from the original PDF on 2007 08 29 Gardner Richard 2004 Commentary on Kelly and Johnston s The Alienated Child A Reformulation of Parental Alienation Syndrome PDF Family Court Review 42 4 611 21 doi 10 1177 1531244504268711 a b c d e Baker AJL 2007 Knowledge and Attitudes About the Parental Alienation Syndrome A Survey of Custody Evaluators American Journal of Family Therapy 35 1 1 19 doi 10 1080 01926180600698368 S2CID 143847423 Caplan PJ 2004 What is it that s being called Parental Alienation Syndrome In Caplan PJ Cosgrove L eds Bias in psychiatric diagnosis Rowman amp Littlefield pp 62 ISBN 9780765700018 Brown T Renata A 2007 Child Abuse and Family Law Understanding the Issues Facing Human Service and Legal Professionals Allen amp Unwin pp 11 12 ISBN 9781865087313 a b Jaffe PG Lemon NKD Poisson SE 2002 Child Custody amp Domestic Violence SAGE Publications pp 52 54 ISBN 9780761918264 a b Gardner RA 2002 Denial of the Parental Alienation Syndrome Also Harms Women American Journal of Family Therapy 30 3 191 202 doi 10 1080 019261802753577520 S2CID 14333814 Baker AJL 2007 Adult children of parental alienation syndrome breaking the ties that bind New York W W Norton amp Company ISBN 978 0 393 70519 5 Dallam SJ 1999 The Parental Alienation Syndrome Is It Scientific In St Charles E Crook L eds Expose The failure of family courts to protect children from abuse in custody disputes Our Children Our Children Charitable Foundation a b c d Ackerman Ph D Marc J 2002 Clinician s Guide to Child Custody Evaluations John Wiley and Sons pp 73 82 ISBN 9780471150916 Jaffe Peter G Lemon Nancy K D Poisson Samantha E 2002 Child Custody amp Domestic Violence SAGE Publications pp 52 54 ISBN 9780761918264 a b c d e Walker LEA Brantley KL Rigsbee JA 2004 A Critical Analysis of Parental Alienation Syndrome and Its Admissibility in the Family Court Journal of Child Custody 1 2 47 74 doi 10 1300 J190v01n02 03 S2CID 145303306 Bow JN Gould JW Flens JR 2009 Examining Parental Alienation in Child Custody Cases A Survey of Mental Health and Legal Professionals The American Journal of Family Therapy 37 2 127 145 doi 10 1080 01926180801960658 S2CID 45543509 a b Gardner Richard A 2006 Introduction In Gardner Richard A Sauber S Richard Lorandos Demosthenes eds The International Handbook of Parental Alienation Syndrome Conceptual Clinical And Legal Considerations Charles C Thomas pp 5 11 ISBN 978 0398076474 a b c d e f g h Bala Nicholas Fidler Barbara Jo Goldberg Dan Houston Claire 2007 Alienated Children and Parental Separation Legal Responses in Canada s Family Courts Queen s Law Journal 38 79 138 a b Johnston JR Kelly JB 2004 Rejoinder to Gardner s Commentary on Kelly and Johnston s The Alienated Child A Reformulation of Parental Alienation Syndrome Family Court Review 42 4 622 628 doi 10 1111 j 174 1617 2004 tb01328 x Archived from the original on 2013 01 05 a b Ottman A Lee R 2008 Fathers rights movement In Edleson JL Renzetti CM eds Encyclopedia of Interpersonal Violence SAGE Publications pp 252 ISBN 978 1412918008 Gardner RA 1998 Recommendations for Dealing with Parents who Induce a Parental Alienation Syndrome in their Children Journal of Divorce amp Remarriage 28 3 4 1 21 doi 10 1300 J087v28n03 01 a b c d Gardner Richard 2004 Commentary on Kelly and Johnston s The Alienated Child A Reformulation of Parental Alienation Syndrome PDF Family Court Review 42 4 611 21 doi 10 1177 1531244504268711 a b c Drozd L 2009 Rejection in cases of abuse or alienation in divorcing families In Galatzer Levy RM Kraus L Galatzer Levy J eds The Scientific Basis of Child Custody Decisions 2nd Edition John Wiley amp Sons pp 403 416 ISBN 9780470038581 a b Dallam SJ 1999 The Parental Alienation Syndrome Is It Scientific In St Charles E Crook L eds Expose The failure of family courts to protect children from abuse in custody disputes Our Children Our Children Charitable Foundation a b c Caplan PJ 2004 What is it that s being called Parental Alienation Syndrome In Caplan PJ Cosgrove L eds Bias in psychiatric diagnosis Rowman amp Littlefield pp 62 ISBN 9780765700018 a b Comeford L 2009 Fatherhood Movements In O Brien J ed Encyclopedia of Gender and Society Vol 1 SAGE Publications pp 285 ISBN 9781412909167 APA Statement on Parental Alienation Syndrome Washington DC American Psychological Association 1996 Retrieved 2009 03 31 a b c Sparta SN Koocher GP 2006 Forensic Mental Health Assessment of Children and Adolescents Oxford University Press pp 83 219 221 ISBN 9780195145847 American Psychological Association Presidential Task Force on Violence And The Family American Psychological Association 1996 Archived from the original on 2000 03 07 a b c Fortin Jane 2003 Children s Rights and the Developing Law Cambridge University Press pp 263 ISBN 9780521606486 a b Bainham Andrew 2005 Children The Modern Law Jordans pp 161 ISBN 9780853089391 a b Gardner RA 2002 10 06 PAS and the DSM 5 A Call for Action Men s News Daily Archived from the original on 2003 12 20 Retrieved 2010 03 20 Rotstein Gary February 15 2010 Mental health professionals getting update on definitions Pittsburgh Post Gazette Retrieved 2 March 2010 American Psychiatric Association Board of Trustees Approves DSM 5 Diagnostic manual passes major milestone before May 2013 publication American Psychiatric Association 1 December 2012 Archived from the original on 5 October 2013 Slatton Traci May 26 2015 Lost Parents When High Conflict Divorce Leads to Parental Alienation Huffington Post Retrieved 2015 06 06 Grohol John M Parental Alienation Disorder or Not PsychCentral Psych Central Retrieved 4 May 2017 a b c Emery RE 2005 Parental Alienation Syndrome Proponents bear the burden of proof PDF Family Court Review 43 1 8 13 CiteSeerX 10 1 1 636 2641 doi 10 1111 j 1744 1617 2005 00002 x a b Bond Richard 2008 The Lingering Debate Over the Parental Alienation Syndrome Phenomenon 4 1 Journal of Child Custody 37 54 a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help a b Martindale David Gould Jonathan W 2007 The Art and Science of Child Custody Evaluations New York The Guilford Press ISBN 978 1 59385 488 1 Houchin TM Ranseen J Hash PAK Bartnicki DJ 2012 The Parental Alienation Debate Belongs in the Courtroom Not in DSM 5 Journal of the American Academy of Psychiatry and the Law 40 1 127 131 PMID 22396350 Pepitona M Brianna Alvis Lindsey J Allen Kenneth Logid Gregory 2012 Is Parental Alienation Disorder a Valid Concept Not According to Scientific Evidence A Review of Parental Alienation DSM 5 and ICD 11 by William Bernet Journal of Child Sexual Abuse 21 12 244 253 doi 10 1080 10538712 2011 628272 S2CID 145548625 Ragland ER Fields H 2003 Parental Alienation Syndrome What Professionals Need to Know Part 1 of 2 Update American Prosecutors Research Institute Newsletter 16 6 Archived from the original on 2009 04 25 a b Warshak Richard A Bringing sense to Parental Alienation A Look at the Disputes and the Evidence PDF Family Law Quarterly 37 2 273 301 a b Waldron KH Joanis DE 1996 Understanding and Collaboratively Treating Parental Alienation Syndrome American Journal of Family Law 10 121 133 Jaffe Peter G 2003 Child custody amp domestic violence a call for safety and accountability Thousand Oaks Calif Sage Publications p 53 ISBN 9780761918264 O Donohue William Benuto Lorraine T Bennett Natalie 2 July 2016 Examining the validity of parental alienation syndrome Journal of Child Custody 13 2 3 113 125 doi 10 1080 15379418 2016 1217758 S2CID 151811817 Walker Lenore E Shapiro David L 2010 Parental Alienation Disorder Why Label Children with a Mental Diagnosis Journal of Child Custody 7 4 266 286 doi 10 1080 15379418 2010 521041 Lubit Roy 29 June 2019 Valid and invalid ways to assess the reason a child rejects a parent The continued malignant role of parental alienation syndrome Journal of Child Custody 16 1 42 66 doi 10 1080 15379418 2019 1590284 S2CID 198608748 Jaffe PG Crooks CV Bala N 2006 Making Appropriate Parenting Arrangements in Family Violence Cases Applying the Literature to Identify Promising Practices PDF Department of Justice Retrieved 2009 05 05 permanent dead link Sturge C Glaser D 2000 Contact and domestic violence the experts court report Family Law 615 Silberg Joyanna Dallam Stephanie 2 Jul 2019 Abusers gaining custody in family courts A case series of over turned decisions Journal of Child Custody 16 2 140 169 doi 10 1080 15379418 2019 1613204 S2CID 198616599 Hoult Jennifer 2006 The Evidentiary Admissibility of Parental Alienation Syndrome Science Law and Policy Children s Legal Rights Journal 26 1 1 61 Brown Andrae L November 2008 Criminal Rewards Affilia 23 4 388 396 doi 10 1177 0886109908323999 S2CID 143808429 Myers John E B 2005 Myers on evidence in child domestic and elder abuse cases Gaithersburg Md Aspen Publishers pp 415 ISBN 0 7355 5668 7 In re Marriage of Bates 212 Ill 2d 489 289 Ill Dec 218 819 NE 2d 714 2004 Google Scholar Retrieved 4 May 2017 a b Matter of Coull v Rottman Google Scholar Retrieved 4 May 2017 Denney Andrew 9 September 2015 Father Not Obligated to Pay Child Support Panel Finds New York Law Journal Matter of E S v S S 2019 NY Slip Op 50948 U Google Scholar Retrieved 2 August 2019 Simring Milchman Madelyn 2 July 2019 How far has parental alienation research progressed toward achieving scientific validity Journal of Child Custody 16 2 115 139 doi 10 1080 15379418 2019 1614511 S2CID 216134223 External links editParental alienation syndrome at Curlie Retrieved from https en wikipedia org w index php title Parental alienation syndrome amp oldid 1184350203, wikipedia, wiki, book, books, library,

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