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The Case of Parental Alienation

Parental Alienation : Definition

Parental alienation is defined by repeated negative actions and verbalizations by one parent towards the other parent in the presence of the child. These parental actions often aim to distance the child from the other parent.

However, the end of cohabitation does not equate to the end of jointly sharing responsibilities towards the child. Indeed, these family responsibilities and obligations are for life. Therefore, during their custody time, the responsible parent must refrain from negatively influencing the children in order not to tarnish the image of the other parental figure.

Different Degrees of Parental Alienation in Family Law

There are several degrees of parental alienation in family law, and it is not always easy to identify. Without necessarily realizing it, several behaviors can be qualified as parental alienation, including:

Under no circumstances should the child feel directly or indirectly involved in the parental conflict and in a position to choose.

Possible Responses from the Court

When this type of alienation is suspected, a psychosocial expertise can be ordered by the Court either following consent, or even in its absence when it deems this expertise necessary. Assuming we are in a case of parental alienation, considering the degree of alienation, a change in parental custody, or a modification of the current access rights may be ordered to preserve and restore stability in the child.

Do you believe you are currently facing this situation of parental alienation or do you have questions regarding this article? Schedule an appointment for a one-hour consultation with one of our excellent family law attorneys. They specialize in family law and youth protection.

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