Children Who Resist Postseparation Parental Contact A Differential Approach for Legal and Mental Health Professionals

by Fidler, Barbara Jo; Bala, Nicholas; Saini, Michael A.

• ISBN13: 9780199895496
• ISBN10: 019989549X
• Edition: 1st
• Format: Paperback
• Copyright: 2012-08-29
• Publisher: Oxford University Press

Summary

Interest in the problem of children who resist contact with or become alienated from a parent after separation or divorce is growing, due in part to parents' increasing frustrations with the apparent ineffectiveness of the legal system in handling these unique cases. There is a need for legal and mental health professionals to improve their understanding of, and response to, this polarizing social dynamic.Children Who Resist Post-Separation Parental Contactis a critical, empirically based review of parental alienation that integrates the best research evidence with clinical insight from interviews with leading scholars and practitioners. The authors - Fidler, Bala, and Saini - a psychologist, a lawyer and a social worker, are an multidisciplinary team who draw upon the growing body of mental health and legal literature to summarize the historical development and controversies surrounding the concept of "alienation" and explain the causes, dynamics, and differentiation of various types of parent-child relationship issues. The authors review research on prevalence, risk factors, indicators, assessment, and measurement to form a conceptual integration of multiple factors relevant to the etiology and maintenance of the problem of strained parent-child relationships. A differential approach to assessment and intervention is provided. Children's rights, the role of their wishes and preferences in legal proceedings, and the short- and long-term impact of parental alienation are also discussed. Considering legal, clinical, prevention, and intervention strategies, and concluding with recommendations for practice, research, and policy, this book is a much-needed resource for mental health professionals, judges, family lawyers, child protection workers, mediators, and others who work with families dealing with divorce, separation, and child custody issues.

Author Biography

Barbara Jo Fidler is a registered psychologist and accredited mediator in Ontario.

Nicholas Bala is a Professor of Law at Queen's University and a leading expert on issues related to children and families in the justice system.

Michael A. Saini is an Assistant Professor in the Factor-Inwentash Faculty of Social Work at the University of Toronto.

Table of Contents

About the Authors

Introduction

The Prevalence of Alienation

Prevalence of Alienation in Community Samples

Increase in the Number of Alienation Cases

Summary

Definitions and Debates

Historical Context

The Difficulty in Defining Alienation

Affinity and Alignment

The Role of the Adversarial System and Professional Advisors

Alienation Within the Context of High-Conflict Separations

Distinguishing Alienation from Justified Rejection

Mixed or Hybrid Cases

Dynamics in Alienation Cases

Alienation and False Allegations of Abuse

Debates about Parental Alienation as a Diagnosis or Condition

Summary

Risk Factors and Indicators Involved in Alienation

Extent and Limitations of Research on Alienation

Current Evidence on the Social and Psychological Factors Associated with Alienation

Interparental Factors Following Separation or Divorce

Factors of the Favored Parent

Factors of the Rejected Parent

Factors of the Child

Summary of Factors and Indicators

Assessment and Measurement Tools for Alienation

Clinical Judgment

Decision Trees and Assessment Protocols

Measurement Scales

Differentiating Levels of and Responses to Strained Parent-Child Relationships

Prognosis and Long Term Consequences of Untreated Alienation on Young Adults and Their Families

The Impact of Alienation on Children and Adults who were Alienated as Children

Spontaneous Reconciliation

When to Suspend Efforts or Letting Go

Prevention

Universal or Primary Prevention

Public Awareness

Selected or Secondary Prevention

Indicated or Tertiary Prevention

Summary

Interventions, Educational and Therapeutic

The Role of the Court in Educational and Therapeutic Interventions

Principles and Guidelines

Goals of Counseling

Treatment Modalities, Approaches and Strategies

Summary of Specific Interventions, Protocols or Approaches

Aftercare, Training, Accessibility and Costs of Interventions

Concluding Comments

Hearing the Voices of Children in Alienation Cases

Children's Stated Wishes: Clinical Perspectives

Children's Right of Participation

Children's Stated Wishes: Weight in the Courts

Methods for Courts Hearing the Views and Wishes of Children

Concluding Comments: Principles, Policies and Research

Legal Responses to Alienation and Contact Problems

Child's 'Rights,' Parental Duties and the Best Interests of the Child

The Role of Mental Health Experts in Resolving Alienation Cases

Enforcement issues and Judicial Remedies

Therapeutic Interventions and the Court Process

The Content of Agreements and Orders for Therapeutic Involvement

Adjusting Visitation and Interim Orders

Contempt of Court: Punitive Sanctions and Behavioral Conditions

Police Enforcement

Supervision of Contact

Award of Legal Fees

Joint Custody - Increasing Time in Care of Target Parent

Custody Reversal: an Option for Severe Cases

Suspension of Contact

Deciding Not to Enforce Contact Despite Alienation

Financial Penalties

Case Management - The Need for Judicial Control

Child Protection Agency Involvement

The Importance of Timely Legal Intervention

Conclusion: The Law as a Blunt but Necessary Instrument

Recommendations for Practice, Policy and Research

References

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