Parental Alienation and reversal of care …

Increasingly in cases where “parental alienation” is found, the Family Court is prepared to  take dramatic measures to preserve the relationship between the child and the alienated parent, to ensure a child’s best interests and welfare.

 “Parental Alienation Syndrome” (PAS) was first articulated as a recognised phenomenon in the 1980s by American psychiatrist Richard Gardner.  PAS describes a disorder of a child who becomes indoctrinated by one parent (almost always in the context of a contested childcare arrangement between parents) to the point the child will demonstrate an irrationally negative view of the alienated parent.   The result is the affected child will resist, and then reject, contact with the alienated parent, and subject them to harsh and often emotionally cruel treatment.

Not only is such a situation enormously distressing to an alienated parent, but the effects of PAS on the child have been shown to be profoundly psychologically detrimental; hence the Court’s willingness to use drastic measures if necessary to deal with such cases.

A body of cases have emerged where the Court has taken the “circuit breaking” step of overturning current orders and placing the child in the care of the alienated parent, both to ensure the child can have access to the relationship with that parent, and as a protective measure for the child.  Such rulings have occurred despite the child’s stated views they want no such thing.

While such care reversals are rare, they exemplify the need, in any case where day to day care or contact is in dispute, for a parent to avoid obstructing or poisoning the child’s relationship with the other parent. 

It is always the best interests and welfare of the child that the Court will act to ensure, and in cases of high conflict psychologists reports will be ordered to obtain a better picture of the unexamined stated views of the child. 

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.