Parental alienation is perhaps the worst experience any family can go through while also going through a divorce or separation. Parental Alienation is defined as one parent turning a child or children against the other parent through disparaging remarks and sometimes keeping the child away from the other parent for no reason. As a matter of fact, parental alienation puts a child’s well-being at risk as they bear the agony of choosing between fighting parents. Maryland Court Judges understand and easily recognize when a parent is “alienating” the other parent from the children. Because parental alienation is not diagnosed as a mental disorder, Maryland courts do not consider expert testimony in order to label a situation as parental alienation, rather they do accept expert testimony on the negative effect on a child who is prevented from having access to a parent without proper justification.
The term alienation, which is commonly thrown around in a high conflict divorce, is frequently misunderstood and misused. At its core, alienation is about a child’s behavior, not about a parent’s behavior, and it involves a profound change in a child’s reaction to a previously loved parent. This reaction typically occurs in the context of an acrimonious divorce in which the child has been exposed to a great deal of anger and conflict and suddenly begins to reject one parent and become intensely aligned with the other parent. The child’s anger at the parent is not based on the reality of what has actually happened between the parent and the child, despite what they may claim. In the most severe cases of alienation, the relationships in the family become completely polarized. There is a good, loved parent and a bad, hated parent. The child has lost the freedom to love both parents.
Now that I’ve explained examples of what is alienation, it’s equally important for me to explain examples of what ISN’T alienation. Hostility, denigration, and other expressions of anger by one parent toward the other during a high conflict divorce is common. Parents in these cases frequently attack one another and say nasty and vindictive things. Accusations of alienation quickly follow. However, while this behavior is far from optimal, it is not alienation. Alienation is about the disturbed behavior of a child and the transformation of the parent-child relationship. When a child rejects and refuses contact with a parent, THIS is alienation. When a parent becomes hostile and attacking, it is bad behavior but not alienation. This is one of the most critical concepts to distinguish.
There are times when children reject a parent for good reasons, such as when the parent has been violent, abusive, or neglectful or has demonstrated other parenting deficiencies. In these cases the child’s rejection of the parent does not reflect unreasonable or unfounded anger toward a previously loved parent. Rather, the rejection is a healthy response to the parent’s damaging behavior.
Early identification is absolutely necessary in every family. Time is of the essence and delays in identifying alienated children, or those at risk, reduces the likelihood of successful intervention. A child’s refusal to visit or the suspension of visits is a “red flag,” particularly if the parent and child previously did things together before the separation and if there are no clear indications of realistic estrangement. Careful inquiry and prompt intervention is crucial.
Attorneys with an alienation case should move early in the case for orders which insure that contact between the rejected parent and the child continues.
If you find yourself in a situation of either needing to prevent a parent from having access to your child and/or you are unjustly being prevented from seeing your child, you should speak to an attorney ASAP to ensure that not only your rights as a parent are protected, but that the best possible outcome for your child is met, sooner rather than later.