parental alienation syndrome: austrian case studies

PARENTAL ALIENATION SYNDROME: AUSTRIAN CASE STUDIES 1

Parental Alienation Syndrome: Austrian Case Studies

Aron Blesch

October 28, 2013


Abstract

The purpose of the proposed study is to discover and understand how noncustodial Austrian

fathers describe and experience the effects of either parental alienation or parental alienation

syndrome (PAS). The investigation will include a minimum of 150 Austrian men who have

experienced alienative behavior from their former partners concerning their children. The

present day status of the surveyed fathers will be evaluated in this ethnography.


The Proposal’s Rationale

Although it is a phenomenon accepted by many psychiatric professionals, parental

alienation syndrome (PAS) is not recognized in the DSM as a disorder (Avitia, 2011). Much

research is still necessary to establish a standardized assessment in order for the disorder to

gain entry into the DSM. At present there are three essential elements in the definition of

parental alienation syndrome: (a) rejection or denigration of a parent that is persistent and

arises to the level of a campaign, (b) the rejection is not justified, and (c) it is partly the

result of the non-alienated parent‘s influence (Baker and Darnell, 2007; Warshak, 2001). All

three elements must be applicable for there to be a diagnosis parental alienation syndrome;

otherwise, the application of the term PAS is not a valid assessment (Avitia, 2011).

To date there has been limited research on parental alienation syndrome in Austria.

Typically, PAS is a phenomenon occurring largely in disputed divorce cases in which children

are alienated against another “target” parent, often resulting in the child’s refusal to have

contact with the target parent (Carey, 2003). There is even less research on the impact PAS has

had on Austrian fathers, who by virtue of not have been married to their former partner, have

had scarce visitation rights to their children upon the relationship’s demise.

The proposed study will make reference to the ongoing debate over parental alienation

syndrome, and will explore the problem of PAS and parental alienation in general in Austrian

communities. Following Richard Gardner’s (2002) concept of PAS, the research project will

involve biographical perspectives in which Austrian men will share their experiences of

alienation. During the interview process, rapport and empathy with the participants will be

established; it is vital that the study view the participants as victims or survivors of parental

alienation. In order to see their world more astutely as a cultural community as per their

experience in an Austrian context, an ethnographic methodology will be incorporated into the

study.


Research Questions

The central research question to be addressed in the study is: how has parental

alienation and/or PAS affected Austrian fathers? Subsequent research questions include: how

has the alienation impacted and affected the participants’ relationships with their children?

What is its affect on their educational and goal attainment? Was or is there any bearing on

their romantic relationship development? How do they assess the impact of any legal and

therapeutic interventions on trying to stop the alienation? To what extent are participants

optimistic about the current legal landscape that may afford more visitation rights? These

questions will form the heart of the study’s investigation.

Literature Review

The literature review has pointed to the need for more research and investigation into

fathers’ perspectives and experiences of parental alienation. According to Berk (2012), Reay

(2007) stated that there is a need to investigate PAS due to the concept being relatively new

and the research scarce. There is a particular need for further research on fathers because the

experience of alienation requires familiarity with the dynamics of alienation (Avitia, 2011;

Harper & Fine, 2006; Henley & Pasley, 2005; Reay, 2007; Vassiliou & Cartwright, 2001).

Berk (2012) stated that the absence of data on the experience of alienation from the

perspective of fathers may serve to hinder their efforts to be better parents; it may also

reinforce their experience of alienation as an outcome that is sanctioned by society. In spite of

there being a plethora of studies examining the parent-child relationship, the father remains in

the periphery, if present at all (Ford 2008, p.285). Ford (2008) stated that studies on the

parent-child relationship under represent and also misrepresent fathers’ perspectives. Ford

also claimed that most studies evaluate the father-child relationship using the same theories as

those used to evaluate the mother-child relationship.


The Experience of Parental Alienation

Close father-child relationships have a positive impact on children’s development.

There is a preponderance of literature revealing a connection between absent fathers and

children with behavioral, emotional, and psychological problems (Berk, 2012). According to

Berk (2012) the perspective of fathers on the experience of alienation, absence, divorce, and

court interventions remains under-represented in the majority of the literature. Consequently,

the relatively new interest in fathers’ experiences of alienation needs more examination and

empirical research. The urgency for more research in Austria constitutes the reason for the

proposal, as Austrian family courts have had the power to limit, restrict, or suspend a father’s

access to his children, inherently due to the cultural under representation and

misrepresentation of fathers’ perspectives (Bogle, 2005). Austrian mothers in turn have much

power, vicariously through the court system, to alienate fathers from their children (Franklin,

2012).

There is a clear need to examine more substantively what role PAS plays in Austrian

fathers’ lives because the research literature shows that there is often a pattern of

manipulative behavior among custodial parents to inflict abuse upon noncustodial parents

(Avitia, 2011). According to Avitia (2011) mothers are more likely to engage in PAS due to

anger over the divorce or separation, and having greater agentive power. Avitia’s findings

support Gardner‘s research that held that mothers were more likely than fathers to engage in

PAS (Gardner, 2002).

Parental Alienation Syndrome

According to Gardner (2002) parental alienation syndrome is a childhood disorder that

arises almost exclusively in the context of child-custody disputes. Its primary manifestation is

the campaign of denigration against a parent, a campaign that has no justification. It results

from the combination of a programming (brainwashing) parent’s indoctrinations and the

child’s own contributions to the vilification of the target parent. To support this theory


Gardner (1985) revamped and morphed Freudian thought into his conception of parental

alienation.

According to Bessette (2008) Freud theorized that children must successfully

maneuver through several stages of sexual development in order to become well-adjusted

adults. He stated that these stages were directly related to parenting styles that could either

advance sexual maturation of children or, at their worst, arrest their sexual development

causing them irreparable psychological problems as adults. Freud conjectured that the

majority of people unconsciously hated their parents and wished to “get rid of them”. These

feelings were assumed to start in infancy as children maneuvered precariously through four

stages of sexual development and were forced, through fear of castration, to reject their sexual

attraction to a parent (Freud, 1916). Freud (1916) described children as being polymorphously

perverse, since they exhibit no shame in their lust, put no importance between males and

females, showed no disgust with excreta, and are amoral and possess no internal inhibitions

against their impulses striving for pleasure. Gardner saw the alienating parent as capitalizing

on this Freudian propensity in children by manipulating the child to project and animate these

tendencies onto the demonized parent.

Gardner (1985) argued that the relationship between the child and the alienated

parent must be immediately restored, lest it be lost forever due to this unfolding. Advocates

for fathers have urged courts to transfer custody from the alienating parent to the target

parent as the best means to undo the effects of PAS. Such calls are not met without debate

and disagreement, however. Brauch (2002) as stated by Baldwin (2008) argued that such

action places a child at unnecessary risk, especially in cases where abuse is suspected but not

yet proven.


Treatment for the Alienating Parent

Whether PAS rises to the level of a psychological syndrome included in the DSM and

admissible in court is yet uncertain. Its proponents continue to argue that it is a form of child

abuse, the child being the ultimate victim. The alienating parent essentially cuts the child off

from one of the most important relationships in the child’s life. According to Donner (2006),

treatment for parents who have the propensity to hurt their child through parental alienation

and other means is difficult. Intervention programs are not able to address the complex

problems of parents overwhelmed by their unconscious desire to hurt or damage their own

child. This makes psychoanalytically informed treatment particularly well suited for such

parents. A court order that tells parents not to disparage each other in front of the children will

have limited impact on a parent whose internal world is dominated by anxiety, fear, rage, and

helplessness; such parents have developed a mode of thought that permits them to recognize

that though it would be wrong for the target parent to disparage them, they are not at fault for

continuing to disparage the parent in question. Cognitive treatment that recognizes and

isolates such modes of unethical thinking, and a therapist trained to assist the patient in self-

examination along these lines, can assist parents in changing their behavior towards the target

parent (Donner, 2006).

Historical Background

Gardner’s (1985) theory of PAS was not the first account of parental alienation. Reich

(1949) wrote of mothers seeking revenge on their partners by robbing them of their children.

Acknowledging Reich’s earlier work, Gardner claimed that parental alienation began

increasing in occurrence in the late 1970s and early 1980s as courts began changing the way

in which custody was decided. Historically, from the mid 19th

century up until the 1970s, in

the United States, Britain, and in European states such as Germany and Austria, family law


had subscribed to the tender years doctrine. Prior to this, early English common law always

gave custody to fathers (Baldwin, 2008).

The passing of the Custody of Infants Act of 1839 altered English common law

practice and established a presumption of maternal custody for children “of tender years”

(generally regarded as the age of thirteen and under). Other European and American courts

and legislatures began following suit (Baldwin, 2008). The tender years doctrine was

gradually replaced towards the end of the 20th

century in the legislation of most US states,

by the "best interests of the child" doctrine of custody. In so doing, several courts ruled that

the tender years doctrine violated the Equal Protection Clause of the Fourteenth Amendment

to the U.S. Constitution (Baldwin, 2008).

An Overview of Child Custody Practices in the EU

The tender years doctrine has been gradually abolished in the majority of EU states

including Germany and Austria. In Austria, joint custody is now codified into law. Yet, in

practice joint custody is only feasible so long as the mother agrees to it (Franklin, 2012).

According to Boele-Woelki and Martiny (2007) while the Principles of European Family

Law Regarding Parental Responsibilities state that two parents are equal and their parental

responsibilities should not be affected by the dissolution or annulment of the marriage or

other formal relationship or by the legal or factual separation between them, in practice courts

still are prone to follow the tender years doctrine (Franklin, 2012). Critics of family court

practices in this regard contend that although the tender years doctrine has formally been

replaced by the best interests of the child rule, the older doctrine is still in place. In the United

States, statistics from the U.S. Census Bureau indicate that family courts still demonstrate an

overwhelming preference to place the children of divorce in the custody of the mother (Grall,

2003). A study conducted by FACT Canada showed the mothers are awarded


the sole custody of their children in more than 80% of cases (“Spin Versus Honesty,” 2003).

The situation is not much different in EU countries where in countries such as Austria,

Germany and Romania, the mother is granted custody in nearly 85% of cases (Cambir,

Duma, Pietreanu, Ionita & Pacurar, 2009).

Critics of Child Custody Practices in Germany

Critics of child custody laws in Germany maintain that the father must prove the

mother to be an unfit parent before he is awarded primary custody, while the mother need not

prove the father unfit in order to win custody herself. According to Franklin (2012) in 2010, a

German court ruled that giving unmarried mothers complete power over the parental rights of

the fathers of their children violated both German law and the treaties of the European Union.

Franklin (2012) reported that it took the German government over two years to come up with

a highly unsatisfactory “solution” to the problem of placing fathers’ rights in mothers’ hands.

This consisted of a recommendation to require single fathers to petition the court for their

rights which could still be denied by the mother if she produced a good reason why the child

should not see his or her dad. Just what those “good reasons” might consist of, no one yet

seems to know, reported Franklin. Franklin (2012) went on to argue that allegations of

domestic violence and/or child abuse will surely become the default position of all mothers

bent on denying a father to their child.

Parental Rights of Fathers in Austria

Regarding the custody of children in Austria, a recent news report in the Vienna

Times reported that as a result of the events in Germany, the Constitutional Court in Vienna

ruled in July of 2012 that more rights need to be given to unmarried fathers seeking joint or

single custody of their children. The high court stated that it is only fair that fathers who have

never married the mother of their children are given as much chance to a family life as their


married or divorced counterparts. The National Council has until January 2013 to come up

with a strategy to bring reform to the current system, reported the article (“Custody Battles,”

2012). The Vienna Times also stated that judges were worried that the change in law might

lead to a flood of new cases, which current staffing levels would not be able to accommodate.

Doris Täubel-Weinreich, chairwoman of the body that represents family court judges, said to

the newspaper, "We are worried this will lead to an explosion in the number of cases. If that

is the case, we will need many more staff” (“Custody Battles,” 2012). At present there are

currently 750,000 Austrian fathers who do not have custody rights to their own children

(“Custody Battles,” 2012). How many of these men have experienced or are at the risk of

experiencing parental alienation?

Summary of the Literature Review

The literature review has shown the necessity for more research and investigation into

fathers’ perspectives of the parental alienation. As stated by Berk (2012), researchers have

surmised that the absence of data on the experience of alienation from the father’s

perspective may act to curb the efforts of fathers to better themselves as parents. There is a

much literature showing a link between absent fathers and children with behavioral,

emotional, and psychological problems. Consequently, the newfound interest in the father’s

account of alienation necessitates more investigation and research. The urgent legal

circumstances in Austria underscore the motivation for this proposal. Austrian mothers have

much latitude to curtail access to and alienate fathers from their children, all of which is

afforded to them by the courts, who continue to practice the tender years doctrine (Franklin,

2012). Austria’s population numbers nearly 8.5 million people. At present there are 750,000

fathers in Austria who do not have custody rights. Many may be at risk of experiencing

parental alienation upon separation from their respective partner.


According to Gardner (2002) parental alienation syndrome is a childhood disorder

that almost always arises in the framework of child-custody disputes. Its primary

characteristic is the campaign of denigration against a parent, a campaign that has no

reasonable justification or merit. It results from the combination of a programming

(brainwashing) the alienating parent’s indoctrinations and the child’s own contributions to the

vilification of the target parent. To support his theory Gardner (1985) relied heavily on

Freudian thought and specifically the conjecture that the majority of people unconsciously

hated their parents and wished to be free of them. The alienating parent feeds into this aspect

of the child’s psyche, and projects it onto the alienated and demonized parent. In spite of the

preponderance of literature supporting PAS, it is not officially classified as a psychological

syndrome in the DSM. Neither is it admissible in court. Its advocates continue to assert that

parental alienation is a form of child abuse.

Research Methodology

An ethnographic methodology is incorporated into the proposed Austrian study.

Interviews and observation are the ethnographic techniques that will be employed in order to

interpret meaning and gain insight. The perspectives on ethnographic methodology as stated

by Suzuki, Ahluwalia, Mattis, and Quizon (2005) will be reflected in the study. Accordingly,

the study will be socially and culturally orientated research that focuses on exploring the

nature of parental alienation in Austrian communities. The study as an ethnography will

reflect participants’ narratives: their accounts that are embedded in the context of Austrian

society and norms of parental expectation in situations of separation and divorce. Without

such a framework, the data would be otherwise interpreted on the basis of the researcher’s

uninformed perceptions (Suzuki, Ahluwalia, Mattis, and Quizon, 2005). Moreover, an

ethnological approach is necessary because the research is being conducted in Austria on

Austrian fathers in the context of their direct experience with the normative culture. This

approach best provides a method of data collection and analysis that will lead to a


comprehensive description of PAS as well as to a deeper understanding of the perspectives

of participants (Leedy & Ormrod, 2010).

Target Population and Participant Selection

The purpose of the study is to gain more understanding regarding the short and long

term effects of parental alienation syndrome on Austrian fathers. Therefore, Austrian men

who became fathers between the 1970s and 2000s, will be interviewed about their

experiences with parental alienation. In order perform an ethnographic study from this period,

150 Austrian men who became fathers between the 1970s and 2000s, will be interviewed

about their experiences with parental alienation. It will be important to choose males who

have experiences of long term alienation spanning over six months, which is ongoing at the

time of the interview or alienation that was ongoing until the children reached the age of

maturity, which is 16 years of age in Austria. Participants must not have been convicted of

any offence involving child abuse or neglect, where the alienation may have been an

appropriate response. Each participant must want or must have wanted contact with their

children, but was denied such due to the alienation.

The target population is comprised of noncustodial Austrian fathers who experienced

or are experiencing parental alienation syndrome. The characteristics of the sample that will

provide data to answer the research question will be:

1. Austrian males who are noncustodial parents.

2. Austrian men who are not the custodial parent of a child 16 years old or younger.

3. Austrian men who are experiencing the three elements of parental alienation syndrome

identified by Baker and Darnell (2007) and Warshak (2001).

The selection of participants will follow a purposeful sampling strategy. Purposeful

sampling is a process where the researcher uses non-random sampling, allowing the freedom to

select a suitable number of participants for the study who have experience related to the

phenomenon of interest and whom can provide rich, descriptive data (Avitia, 2011). The


intended sample size is 150 participants. However, if not enough information is gathered

after the interviews to gain a 95% confidence interval, interview participants will be

continued to be recruited until the study can be statistically validated. The intended sample

size falls within the range for phenomenological and ethnographic studies (Polkinshorne,

2005; Hughes, 1995).

Data Collection

It is vital during the course of the interviews to collect responses pertaining to central

themes: the impact of the alienation on participants’ relationships with their children, their

educational and goal attainment, and their romantic relationship development, as well as the

impact of any legal and therapeutic interventions on trying to ameliorate the alienation. The study

will also touch upon present day changes that are occurring in Austrian child custody laws that

ultimately aim to reverse the current practice of granting mothers automatic custody of their

children. Participants will be asked if they plan to take advantage of such changes. The data

collection will be done using face-to-face, semi-structured, in-depth interviews with open-ended

comments and questions. The interviews will be highly concentrated on the topic of PAS, making

responses easy to locate and compare, facilitating later analysis. Additionally, the interviews will

be recorded and transcribed later. Notes will be taken to record non-verbal behavior. According to

Avitia (2011), the data should allow analysis of the accounts and provide a full description and

true meaning of the person’s social world. This leaves little room for researcher bias or the

changing of the richness of the participant’s account.

Data Analysis

Pertaining to the evaluation of cultural communities ethnographically, Suzuki,

Ahluwalia, Mattis, and Quizon, (2005) described forms of social and cultural research that

focus on (a) exploring the nature of a particular social or cultural experience, (b) gather and

use unstructured data, (c) use a relatively small number of participants, and (d) interpret the

meanings of human behavior. When interpreting and analyzing data in such contexts it is


useful to utilize epoche, a phenomenological strategy to set aside one’s own experiences,

prejudgments, and preconceptions as much as possible in order to conduct interviews in an

empathetic, unbiased, and receptive manner.

Wertz (2005) as stated by Avitia (2011), explained epoche as a process that involves a

return to phenomenon as they are lived, in contrast to beginning with preconceptions. To help

curb bias and preconceptions, the research team will be asked to set aside any assumptions of

it being ethical for Austrian courts to continue to practice the tender years doctrine; any

relevant preconceptions will be asked to be rejected on the grounds that such practices are a

violation of the EU equivalent of the Equal Protection Clause. PAS, furthermore, will be

asked to be accepted as a phenomenon as per the criteria aforementioned. The use of epoche

along with normative quantitative, statistical measures will be applied in data analysis

accordingly.

Methods of Achieving Validity

Freeman, deMarrais, Preissle, Roulston, and St. Pierre, (2007) described notions of

validity in qualitative research. Qualitative data is produced from social interactions and are,

therefore, constructions and interpretations; there are no neutral players in terms of

researchers and participants. How does this affect the validity of the participant’s data? The

validity of the study will be found in the conclusions that are drawn from the data, and if

those claims come out of a framework that is trustworthy. Criteria were proposed by Lincoln

(2002) per the recommendation that data should be taken from an adequate selection from the

total corpus of data and that the researcher should try not to promote his or her own stake in

interpretations. Therefore, in order to maintain the integrity of the study, there will be an

avoidance of extolling a body politic in the PAS debate. Without question there is polarization

between various feminist groups who argue against the preponderance of parental alienation

syndrome and father’s rights groups who feel it is pervasive. Taking as neutral a


position as possible in the debate, and holding no loyalty to either group, will assist in

keeping the study trustworthy.

Morrow (2005) compiled the major components of trustworthiness to use as a

systematic reference guide for qualitative investigations. Here validity and trustworthiness

denote an explicit scientific context and purpose, appropriate methods, respect for

participants, specification of methods, appropriate discussion, clarity of presentation, and

contribution of knowledge (Elliott, Fischer, & Rennie, 1999). Other characteristics include an

up-to-date and accurate literature review, a conceptual framework, and rationale for the study

as well as clear and well-articulated research questions (Choudhuri, Glauser, & Peregoy,

2004; Ponterotto, 1994). Situating the sample, grounding in examples, providing credibility

checks, coherence, and resonating with readers are key ways to ensure validity (Elliott et

al.,1999).

Ethical Problems

Issues of informed consent are vitally important in any participant oriented study

because as stated in standard 8.02 in the APA’s ethics code, there is inherently a need to ask

questions and receive answers in qualitative research scenarios (American Psychological

Association, 2010); it is the bread and butter of such research. The guidelines as stated in

the standard will be followed, the practice of respect being integral to informed consent.

Havercamp (2005) raised issues involving informed consent in terms of what could

transpire during the eventual interviews. A primary concern is that perhaps participants may

begin conveying information that they had not initially intended to, and did not give consent

for. Because of the emotional nature of the discussion, this is a real possibility. Informed

consent will need to be an ongoing matter, therefore, not a single event. As stated in standard

8.07 of the ethical principles and code of conduct, it will be extremely important to reiterate


consent, so that accusations of deception will not be levied (American

Psychological Association, 2010).

Limitations of the Study

Although the ethnographic study will substantiate a basis for understanding the

experiences of noncustodial Austrian fathers and the effects parental alienation syndrome has

had on them, the study will be somewhat limited by the number of participants and the sample

location, which will be largely in Vienna, Austria. Furthermore, no claims of external validity

or generalizability will be possible due to purposively sampling the data. Studies that

randomly select participants from the most diverse and representative populations are more

likely to have external validity and generalizability. Therefore, it will be very difficult to

generalize the findings to groups that were not included in the study.


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Appendix A

1. What was your relationship with your son or daughter like before the separation?

2. What occurred that made you realize that the alienation syndrome was going on?

3. What did you do in response or retaliation? How did it affect or impact the problem?

4. What things do you feel contributed to the alienation? How do you think you may have

contributed to the problem?

5. In your opinion what was or what is the root cause of the alienation?

6. How do Austrian custody laws contribute to the problem? As the non-custodial parent,

how does this make you feel?

7. What kind of attitudes and behaviors does your child show towards you today?

8. How does this make you feel in general?

9. How much influence has the child’s mother had on your child‘s behavior and actions? How has

she affected the relationship?

10. How has the mother’s actions affected your relationship with your child?

11. Have you done anything to try to change the situation?

12. Does the alienation affect your extended family, and if so, please explain how?

13. What effects has this syndrome had on your life, both personal and professionally?

14. To what extent are you hopeful in light of current changes in child custody laws that are

being proposed in Austria for fathers in your situation?

15. What are your additional thoughts and feelings?

parental alienation syndrome: austrian case studies

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