Parental alienation is a quiet issue that can result in lasting harm to children.
When a parent manipulates a child to alienate them from the other parent, it damages the family relationship and leads to significant emotional and psychological effects.
This article explains how to recognize parental alienation and discusses the key signs that are recognized by the legal system. It also provides useful tips for lawyers working on such cases.
What does parental alienation involve?
Parental alienation happens when one parent or a close relative influences the child negatively against the other parent through manipulation.
Parental Alienation syndrome develops gradually in the environment of the parent who has custody of the child, as it requires time to manifest.
Identifying a situation of parental alienation.
The typical conduct of “an alienator” typically adheres to certain commonly accepted behaviors.
- A parent who declines to transfer phone calls to their children.
- Devalues, insults, or shows contempt for the other parent in front of the children.
- Does not share details with the other parent about the children’s participation in activities such as sports and school events.
- prevents the non-custodial parent from exercising visitation rights
- attributes the misbehavior of their children to the other parent
- The father’s new relationship is being criticized.
- accuses the parent who left;
- Creates fake memories of abuse towards the child, making up harassing situations.
The Law of Parental Alienation, as stated in Article 2 of Law no. 12.318/2010, addresses the challenges mentioned earlier.
Parental alienation, as defined in Article 2, is when one of the parents, grandparents, or caregivers influences a child to reject or harm their relationship with the other parent, interfering with the child’s psychological development.
These are examples of parental alienation, aside from the actions identified by the judge or determined through expertise, carried out directly or with the assistance of others.
I – challenge the behavior of the parent in carrying out their parental responsibilities.
II – impede the exercise of parental control.
Prevent a child or adolescent from having contact with a parent.
Interfere with the implementation of laws governing family relationships.
Omitting important personal details about the child or adolescent, such as school information, doctors, and address changes, is intentional.
Make a false accusation against a parent, their relatives, or grandparents in order to prevent or disrupt their relationship with the child or adolescent.
Move the residence to a far location without a valid reason in order to disrupt the child’s relationship with the other parent, their relatives, or grandparents.
Consequences of parental alienation are what?
It is not required to have a background in psychology to understand that the syndrome can harm the relationship between the child and the alienated parent, potentially leading to irreversible consequences for the child’s personality development.
The literature on the topic agrees that the syndrome can lead to long-lasting depression, difficulties in adjusting to typical social settings, identity and image issues, despair, overwhelming guilt, isolation, hostility, disorganization, dual personality, and in severe cases, suicide.
The parent engaging in this form of violence against the child is not fit to have custody and should be replaced by the other parent who prioritizes the child’s physical and mental well-being.
Implications in the law for parental alienation
Under the Civil Code, the concept of family power involves various responsibilities and duties for parents, including involvement in children’s education and spending time with them.
This assured entitlement remains largely intact post-separation, impacting cases of parental alienation where the alienating parent assumes authoritative control within the family.
Loss of family authority can occur under the Civil Code.
If a parent fails to fulfill their duties or mismanages their child’s property, the judge may intervene to protect the child and their belongings by suspending the parental authority.
The family power of a father or mother can be terminated through a court decision according to Article 1,638 of the Civil Code.
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To mention again the deficiencies outlined in the previous article.
The penalty for failing to fulfill the responsibilities of parental authority as stated in Law No 8.069/90, which outlines the rights of children and adolescents, will be enforced.
To dishonestly or negligently perform the responsibilities associated with parental authority, guardianship, or custody, as well as those determined by the judicial authority or Guardianship Council, is a violation of Article 249 of Law no 8.069/90.
Fine for repeated offenses can range from six to forty reference wages.
Law No 8069/90, the ECA, offers additional measures akin to those in Law No 12.318/10 regarding Parental Alienation.
Measures are applicable to parents or guardians under Article 129 of Law no. 8.069/90.
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III – directing mental health treatment.
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VII – alert;
Loss of protection;
Guardianship’s deprivation.
Suspension or removal of parental authority within a family.
The Parental Alienation Law takes the following into consideration.
The judge may order psychological or biopsychosocial evaluation if needed, according to Article 5 of Law No. 12.318/10.
The expert report will involve a comprehensive psychological or biopsychosocial assessment, tailored to each case. This will include interviews with the individuals involved, review of relevant documents, analysis of the couple’s relationship history, assessment of personality traits, and evaluation of how the child expresses themselves regarding any accusations against a parent.
The evaluation will be carried out by a professional or a diverse qualified team, who must demonstrate the necessary expertise through their professional or academic experience to identify cases of parental alienation.
The expert or multidisciplinary team assigned to investigate parental alienation must submit their report within 90 days, which may be extended by court approval with valid reasons.
The judge can take action to prevent or lessen the effects of behaviors that disrupt the relationship between a child or adolescent and a parent, known as parental alienation, without excluding civil or criminal consequences, depending on the seriousness of the situation.
I declare the presence of parental alienation and caution the alienating parent.
Increase the family visitation rights for the estranged parent.
III – impose a penalty on the individual causing alienation;
IV – decide on psychological and/or biopsychosocial monitoring.
Determine the shift in guard duties for shared guard or its reversal.
VI – decide on the preventive placement of the child or adolescent in a home.
Declare the suspension of parental authority.
The judge can also decide to change the responsibility of caring for or relocating the child or teenager from the parent’s home during the alternating family visitation periods.
The preference for assigning or changing custody will be given to the parent who promotes the child or adolescent’s effective coexistence with the other parent when shared custody is not possible.
The change in the child’s or adolescent’s residence does not affect the determination of jurisdiction regarding matters related to family relationships, unless agreed upon by the parents or ordered by a court decision.
The purpose of criminalizing parental alienation is not just about punishment; it is also meant to serve as a coercive measure to deter such behavior.
The seriousness of the behavior determines the level of parental alienation and is used to protect the child’s interests.
Proving parental alienation: What steps to take?
Proving parental alienation necessitates presenting evidence showing inappropriate interference in the parent-child relationship.
Article 5 of Law No. 12.318/2010 stipulates the need for psychological or biopsychosocial assessment to determine the occurrence of the behavior. Various types of evidence are commonly used for this purpose.
- Records of conversations where the alienating parent directly criticizes or attempts to interfere with the child’s contact with the other parent can serve as evidence.
- Observers such as teachers, family members, friends, and psychologists who are involved in the child’s daily life may notice behavioral changes suggesting alienation.
- Education and health professionals can document changes in a child’s behavior, such as a decline in academic performance, anxiety, or emotional issues, in school and medical reports.
- Justice might ask for a psychological assessment of both the child and the parents to check for signs of parental alienation.
- Failure to follow visitation agreements: Keeping official records of unsuccessful visit attempts or failure to adhere to court rulings is crucial for demonstrating interference.
Lawyers handling these cases need to advise their clients on the significance of collecting reliable evidence and enlisting the help of specialists to enhance their legal arguments.
Justice and Child Protection Must Aim to Prevent
Parental alienation impacts both the parent-child relationship and the child’s emotional growth in a lasting way.
Brazilian laws provide ways to detect and address this behavior, safeguarding the well-being of the child.
In cases of parental alienation, advising your client to collect strong evidence and monitor the child’s behavior are essential actions to address the issue and promote a positive relationship between the child and both parents.
