This page contains a Flash digital edition of a book.
A Legal and Psychiatric Guide to


The So-Called “Parental Alienation Syndrome” by Judith Shub-Condliffe and Michael J. Labellarte, MD


In almost all child custody cases which


reach the trial level, one or both parents engage in some degree of “alienating” behavior, either conscious or subcon- scious words and deeds aimed at the child to make the other parent look bad. Alienation is a loaded concept, always implying that a child is estranged or alienated from one parent (the target) because the other parent and/or other adults did something inappropriate to influence the child. Of course, children sometimes become estranged from one or both parents due to other factors, for instance internal psychological states such as fear of abandonment, reactions to stressful conditions like the daily strain of divorce, and adaptation to existing situations that might include abusive/neglectful behavior by the alien- ated parent. Clearly, any combination of behaviors that lead to estrangement can be potentially overwhelming to a child. But the child in the worst role is the alienated child. One of the most controversial tactics


over the past 20 years relies on invoking the so-called “parental alienation syn- drome” (PAS) to gain legal advantage while presumably shielding the alienated child from further damage caused by the alienating parent. Allegations of PAS have become unfortunate distractions in litigation because inherent problems with PAS’s validity detract from the very real estrangement children endure in custody disputes. This guide will help practitioners to understand the differ- ence between estrangement, alienating behavior, and the conjured PAS; to identify which behavior can and should come into evidence; and to use the legal arena to either halt the alienating behav- ior against a client or to defend a client when the allegation arises.


18


Historical Context The book, Beyond the Best Interests


of the Child,1 , generated influential rec-


ommendations that psychiatrists work closely with the courts to determine the best interests of the child, citing ex- plicit guidelines. However, anachronistic psychodynamic theories led to some predictably flawed recommendations.


Richard A. Gardner, MD, (1931-


2003), a child psychiatrist and adult psychoanalyst affiliated with Columbia University, invented PAS in 19852


. The


original description of PAS espoused the following three key elements: it is a “disorder that arises primarily in the context of child custody cases;” its “primary manifestation is the child’s (unjustified) campaign of denigration


Allegations of PAS have become unfortunate distractions in litigation because inherent problems with PAS’s validity detract from the very real estrangement children endure in custody disputes.


Most notably, the authors maintained that the “least detrimental alternative” in custody cases necessitated full custody to the “psychological parent,” and the custodial parent would decide if and to what degree the child had contact with the non-custodial parent. In Pierce v. Yerkovich 363 N.Y.S. 2d


403 (1974), the judge soundly rejected the flawed placement recommendation described above because “no one parent can, under such circumstances, be safely trusted with a power so susceptible to abuse.” The case involved an “outgoing, warm, and loving” 5-year-old girl who became “withdrawn, apprehensive, and anxious and has on occasion referred to her father as a dirty rat.” By stating that “such a change in a 5-year-old’s behavior could only have been brought about by her mother’s influence”, this type of fact situation likely inspired the origin of PAS.


1


Beyond the Best Interests of the Child. Goldstein J, Freud A, and Solnit AJ., Sec- ond Edition, 1978, The Free Press, NY, New York.


Trial Reporter


against the alienated parent;” and it results from the combination of indoc- trinations by the alienating parent and the child’s own contributions to the vilification.” The following are Gardner’s “primary symptoms” of PAS (ibid): 1. A campaign of denigration, 2. weak, absurd, or frivolous rationalizations for the deprecation, 3. lack of ambivalence, 4. the “independent-thinker” phe- nomenon, 5. reflexive support of the alienating parent in the parental conflict, 6. absence of guilt over cruelty to and/or exploitation of the alienated parent, 7. the presence of borrowed scenarios, and 8. spread of the animosity to the friends and/or extended family of the alienated parent. Gardner suggested PAS has four contributing factors: parental brain- washing (or conscious programming), subtle parental programming, factors arising within the child, and situational factors. He later added three severity


(Continued on page 20) 2


Gardner RA, Recent Trends in Divorce and Custody Litigation. 29 Acad. F. 3 (1985).


Winter 2008


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64