Parental Alienation Syndrome = Child Abuse?

[Jets4Life]

I have a friend who is a non-custodial parent. His ex seems to be programming their child against him, and activities they had enjoyed for years, the child suddenly makes excuses to not want to be with him. The ex is not too bright, and has left much evidence on text messages, and Facebook that suggest not only PAS is happening, but goes as far as to say the child's friends have more rights than the non-custodial parent.

My question is since PAS has increasingly been proven by child psychologists to be severely detrimental to the child's mental health, would this be considered child abuse, and how hard is it to prove in a court of law. If it is proven, can my friend go for full custody? If any lawyers or legal experts on the forum have an answer, I would greatly appreciate it. Thanks.

[Minnie]

Can us non-lawyers/not-legal-experts chime in?

I don't know the legalities of this (as in, whether this could net him custody), but if he thinks anything is happening and he is finding evidence, is he documenting/screencapping this stuff? Because that's one of the first things I would do. And, if I were the non-custodial parent, I would be doing my absolute level best to keep *my* nose as clean as possible, so that if they go for custody, it's the custodial parent that comes out looking like dog crap on the bottom of a shoe, particularly if they're making concerted efforts to alienate the child from the non-custodial parent.

I'm sorry this is happening to your friend.

[troutman]

An assessment by a child psychologist is what the Court needs.

[flylock shox]

Originally Posted by troutman

An assessment by a child psychologist is what the Court needs.

Some judges find that a bit patronizing though.

[Rathji]

The only thing I can say is document.

[Northendzone]

This makes me sad for the child......I wonder if there is any type of mediation the parents can go to. They both need to think of the child's best interests.

[Jets4Life]

This may sound like a dumb question, but are any divorce/custody hearings open to the public? It would be interesting to get an idea of what family court is like....

[troutman]

Originally Posted by Jets4Life

This may sound like a dumb question, but are any divorce/custody hearings open to the public? It would be interesting to get an idea of what family court is like....

Almost always open to the public. Provincial Family Court is like the Jerry Springer show. Court of Queens Bench has Family Chambers every morning - usually just lawyers with affidavits, but some unrepresented people too.

[Peanut]

Originally Posted by Jets4Life

I have a friend who is a non-custodial parent. His ex seems to be programming their child against him, and activities they had enjoyed for years, the child suddenly makes excuses to not want to be with him. The ex is not too bright, and has left much evidence on text messages, and Facebook that suggest not only PAS is happening, but goes as far as to say the child's friends have more rights than the non-custodial parent.

My question is since PAS has increasingly been proven by child psychologists to be severely detrimental to the child's mental health, would this be considered child abuse, and how hard is it to prove in a court of law. If it is proven, can my friend go for full custody? If any lawyers or legal experts on the forum have an answer, I would greatly appreciate it. Thanks.

So he's going to fight on the premise that he's being alienated from his child, and alienation is child abuse. And then turn around and "go for full custody" to effectively alienate the child from his/her mother?

[Rathji]

Originally Posted by Peanut

So he's going to fight on the premise that he's being alienated from his child, and alienation is child abuse. And then turn around and "go for full custody" to effectively alienate the child from his/her mother?

If there is abuse and/or neglect from one parent, that seems like a good reason for a judge to decide that the parent isn't capable of being one.

Not saying that is the case here, but depending on the severity, it could be.

[cancer man]

Have you thought maybe the child has grown and has lost interest in somethings?
Age of the child would help.(what activities)

[troutman]

Originally Posted by Peanut

So he's going to fight on the premise that he's being alienated from his child, and alienation is child abuse. And then turn around and "go for full custody" to effectively alienate the child from his/her mother?

He could win sole custody, and the children could still enjoy plenty of access to mom. It's not all or nothing. He should be expected to encourage that relationship as much as possible.

[troutman]

This case seems to cover many of the common issues in "parental alienation" situations. I post this for information purposes only. I no longer practice in this area and I'm unable to comment on the current state of the law in this area.

http://www.albertacourts.ab.ca/jdb_n...qb0013-ED1.pdf

Consult with a family law lawyer for advice about your particular situation.