By Lloyd Skinner
Parental alienation is the pattern of behaviour which involves one parent acting in certain ways that undermine and denigrate the relationship of the other parent with the child. Alienating behaviours induced by a parent onto a child are usually done with the aim of having the ‘alienating’ parent spending more time with the child than the estranged parent.
Part of parental alienation is Resist Refuse Dynamics (RRD) which are the various factors that contribute to the unjustified rejection of a parent (Walter & Friedlander, 2010), which is usually the non-custodial parent.
The circumstances in which parental alienation and RRD arise usually occurs during periods of intense conflict and dispute between parents, parental custody proceedings, and where there is a history of family violence or estrangement of one party in the relationship. One parent may use these situations to actively or passively support the child to reject spending time with the other parent (Nestor, 2020).
There are several clinical and legal resolutions for RRD and parental alienation. Clinically, structured psychotherapy and therapeutic interventions that involve both the child and the parents that assist with reconciliation between the child ad the alienated parent. These interventions typically occur in an environment that involve family therapy, counselling, and mediation (Barton Family Lawyers, 2018).
Legally, Australian courts, whilst having a reticence to label parental behaviours as ‘alienating,’ have in certain circumstances, ordered a custody reversal, or change in the child’s primary residence (Wagner & Middlin, 2020). These cases often require the intervention of family dispute resolution processes. This happens when the court finds that there is a significant risk of harm to the child if the situation is permitted to continue.
This generally involves a temporary suspension of contact between the child and the alienating parent, in which time will be spend attending parental education and therapeutic interventions. This is followed by a supervised and phased re-introduction of contact between the child and the alienating parent (Walter & Friedlander, 2010).
If anything raised in this article applies to you, you can seek legal advice from our experienced family law solicitors. Please call (03) 9995 9155 for a no obligation phone call.
References
Barton Family Lawyers. (2018, March 11). Parental Alienation in Family Court Disputes – Impacts & remedies. https://www.bartonfamilylaw.com.au/parental-alienation/
Friedlander, S., & Walters, M. G. (2010). When a Child Rejects a Parent: Tailoring the Intervention to fit the Problem. Family Court Review, 48(1), 98–111. https://doi.org/10.1111/j.1744-1617.2009.01291.x
Nestor, K. (2020, January 29). Study: Abusers use parental alienation to gain child contact. Stowe Family Law. https://www.stowefamilylaw.co.uk/blog/2020/01/29/study-finds-abusers-use-parental-alienation-to-gain-contact-with-children/
Wagner, L., & Middlin, A. (2020, September 5). What are the legal implications of parental alienation? Doolan Wagner Family Lawyers. https://www.familylawyersdw.com.au/what-are-the-legal-implications-of-parental-alienation/
Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.
