Parental Alienation Syndrome (Continued from page 26)


approaches rather than evidence-based treatment. Unfortunately, the evidence- base for managing parents and children during divorce is limited, so the legal and psychiatric team often relies on acumen from managing other cases involving alienation behavior. The best interest attorney (BIA) is in a unique position to enforce zero tolerance of alienation behavior from either parent during custody proceedings, by representing the child with the same vigor that an attorney represents the adult custody litigants. However attorneys acting like therapists, while therapists act like at- torneys is no recipe for success in the toughest custody cases and the role of the BIA continues to evolve.


Parent-Based Interventions In Maryland, the courts often refer


separating and divorcing parents to parenting courses. In an ideal world, the parenting courses would be better funded and driven by research that measures outcomes after attending the courses. Parenting courses could be a driving force for improving parent behavior, deterring alienation behavior, and deterring litigation where appropri- ate. Family therapy is no substitute for training parents how to behave and how to manage s child during high conflict custody cases.


Child-Based Intervention A multimodal approach guides the


management of children embroiled in custody disputes and subjected to alienation behavior (op cit)11


. First and


foremost is a psychiatric evaluation with full psychosocial history to identify strengths and weaknesses across many domains of the child’s life. Measuring intelligence, academic performance and personality traits are helpful as dimen- sional anchors, because they inform how some children will respond to the distress of separation, divorce, or alien- ation behavior. Common debilitating and treatment-responsive conditions that often flare up during separation and divorce include anxiety, depression, and attention-deficit hyperactivity disorder. “Adjustment to difficult life experiences” cannot be the default explanation for a child’s distress during separation, di- vorce, and alienation behavior. A child’s maladaptive behaviors (e.g. defiance, aggression, school-refusal, etc.) during separation and divorce require immedi- ate attention. The status of the child’s current re-


lationship with each parent will be on a continuum (op cit, 11). Practitioners can be prepared to suspect alienating behaviors to the same extent that prac- titioners are suspicious of abuse and/or neglect of a child. If estrangement or alienation behavior is present, a mental health practitioner can begin the process of shielding the child and supporting the child through therapeutic techniques21


. Figure 1


Continuum of Children’s Relationships With Parents After Separation and Divorce


Child Prefers Contact With Both Parents


Positive with both


Affinity with one


Child Prefers One Parent


Alliance with one


Child Rejects One Parent


Estranged from one


Alienated from one


(Modified from Johnston J, 2001) 28 Trial Reporter


Conclusion


Custody litigation can be devastating for both parents and children. In most cases, children manage to have reason- able relationships with parents after divorce. However, the continuum of par- ent-child relationships after divorce has a dangerous extreme called alienation. True alienation represents a severed attachment bond that has far reaching consequences for the child. Any behav- ior that estranges or alienates a child is contrary to the best interest of the child. Given the stakes, the legal and psychiat- ric practitioners can be vigilant against abuse, false claims of abuse, alienation, and false claims of alienation. In con- trast, parental alienation syndrome as a construct has no validity in the scientific community or in the legal arena. The label is not useful in helping children. Examining and exposing the behavior that leads to estrangement is required. Only then can specific interventions be used to support the alienated child. n


About the Authors


Judith Shub-Condliffe is a graduate of the University of Maryland School of Law. She has practiced family law in Maryland for 28 years and has written materials for MICPEL, National Busi- ness Institute, and the Maryland Bar Journal. She has served on numerous bar association committees including the Family Law Section of the MSBA, Alternative Dispute Resolution Com- mittee. In 2005, she was awarded the Pro Bono Attorney of the Year Award by the Baltimore County Bar Association.


Michael J. Labellarte, MD, is a board- certified child and adolescent psychiatrist who treats children and families at CPE Clinic, LLC. in Towson, Columbia, and Severna Park. He is an assistant profes- sor of psychiatry, part-time faculty, at Johns Hopkins University School of Medicine and University of Maryland School of Medicine. His e-mail address is dr.labellarte@childpsychiatryexpert. com.


Winter 2008


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