supporting women against allegations of parental alienation · deflects attention away from family...
TRANSCRIPT
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Supporting Women Against Allegations of Parental Alienation
Pamela CrossDIVERSE VOICES CONFERENCE
Friday November 15, 2019
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Your role?VAW frontline worker Survivor
Child psychologist Community mental health worker
Social worker/therapist Parenting coordinator
Lawyer Mediator
Judge Other
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Your location?
Canada
United States
Other
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Agenda• What parental alienation is
• How it arises in cases where women allege abuse by the partner
• Importance of gendered analysis
• How to support women
Focus: Parental alienation claims in cases involving family violence
Parental alienation is a theory
Agenda
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What is parental alienation?Richard Gardner’s theory, 1985• He labelled it a “syndrome”• Vindictive women who did not want former partner to
contact children
Never granted “syndrome” status by psychological associations
Fell out of favour in late 1990s/early 2000s
Re-emerged to be used by fathers making claim against mothers, especially in custody/access cases when there is evidence of his abuse
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Problems with the theory
Limited support for it in scientific research
Significant gender bias
Deflects attention away from family violence claims
Implies support for a presumption in favour of shared parenting
Does not recognize accepted research about why children sometimes prefer one parent
Denies the realities of family violence
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The need for gender-based analysisWhen father makes
allegation of parental alienation
Silences allegations of abuse by mother
Without woman’s story
Court orders shared parenting
Gives abuser ongoing power/
control over mother & children
Exposes children, mother to further
abuse
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Mothers make false allegations about
violence
DV is not important to parenting
Her mental health issues are her problem, not symptom of abuse
Mothers hurt their children by not co-
parenting
Mothers alienate their children from their
fathers
His controlling behaviour is not
examined
Related beliefs when sexism underlies
custody &access decisions
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Allegation of parental alienation: a common response to an
allegation of family violence
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“Maximum contact” provision
Creates double-bind:
Do not raise violence/abuse
Place children at risk in care of father
Raise family violence or child abuse
Risk parental alienation
label
Perhaps lose primary care of children
OR
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Evidence-based approach
What might the source of the alienation be?
(Kelly & Johnson)
What is the impact of post-
separation abuse, long-
term impact of abuse/trauma?
Who really is the historic
primary parent?
What are the best interests of
the child?
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Family violence training Judges, assessors,
parenting coordinators, mediators, lawyers
Needs to be mandatory
Any experts must be family violence experts
before they are considered experts on
anything else
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Universal family violence screening
https://www.justice.gc.ca/eng/rp-pr/jr/can-peut/index.html
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Proper use of the best interests of the child test
Views & preferences of child
Other child-focused issues – Parental warmth,
child stability, parent-child attachments
Parental rights
Presumption in favour of shared
parenting
❌❌
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Fulsome understanding
of family violence
Revised Divorce Act
Definition of family
violence
Criminal charges are
not necessary
Factors focus on impact on
children
Case law
Parental alienation is
effective defence
against family violence
allegations
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Use an abuse framework
Battered Women’s Justice Project’s 2015 Practice Guides
1. Identify domestic abuse (screening tool)
2. Define the nature & context of the abuse
3. Evaluate its implications4. Account for it in actions &
decisions https://www.bwjp.org
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References• Gabriel Davis, Loretta Frederick, Nancy Ver Steegh: Practice Guides for Family
Court Decision-Making in Domestic Abuse-Related Child Custody Matters 2015
• Joan Kelly and Janet Johnston: The Alienated Child: A Reformulation of Parental Alienation Syndrome 2001
• Joan S. Meier: Child Custody Outcomes in Cases Involving Parental Alienation and Abuse Allegations 2019
• Joan S. Meier and Sean Dickson: Mapping Gender: Shedding Empirical Light on Family Courts’ Treatment of Cases Involving Abuse and Alienation 2017
• Linda Neilson: Parental Alienation Empirical Analysis: Child Best Interests or Parental Rights? 2018Daniel Saunders et al: Child Custody Evaluators’ Beliefs About Domestic Abuse Allegations, 2012
• Collective memo of concern to World Health Organization: http://www.learningtoendabuse.ca/docs/WHO-July-10-2019.pdf