PARENTAL ALIENATION SYNDROME

Anne H. Jarrett

Anne H. Jarrett, P.C.

Marietta, Georgia

AMERICAN ACADEMY OF MATRIMONIAL LAWYERS

ANNUAL FAMILY LAW SEMINAR

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Parental Alienation Syndrome

Anne H. Jarrett

Marietta, Georgia

“Parental alienation is a form of relational aggression by one parent against the

other parent using their common children. The process can become cyclic with each

parent attempting to alienate the children from the other. There is potential for a

negative feedback loop and escalation. At other times an affected parent may withdraw

leaving the children to the alienating parent. Children so alienated often suffer effects

similar to those studied in the psychology of torture.” (Wikipedia.)

The study of and approaches to parental alienation have changed drastically since

the days when most of us became familiar with the syndrome, based on the writings of

Richard Gardner and others. The emphasis now is on the extreme and significant

damage done to children placed in this situation, rather solely on the plight of the

alienated parent. The diagnosis and evidence concerning parental alienation has long

since progressed from such accusations as interference with visitation, interference with

or monitoring of phone calls and denigration of the other parent.

Experts now state that true parental alienation syndrome involves much more

insidious and pernicious behavior by the alienating parent against the targeted parent,

with the apparent goal of completely destroying the targeted parent’s relationship with

the child (often as part of destroying the targeted parent completely) and simply using

the children as the device to accomplish this goal. Alienated childrens’ actions and

words are rooted in fear; fear of abandonment by the alienated parent and reality for the

child is to please the alienator.

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While parental alienation and parental alienation syndrome in and of themselves

are not new concepts, there have been significant changes in recent years about the

methods of diagnosing and attempting to rectify the syndrome. One article by

prominent experts in the field identify four criteria to establish the existence of PAS:

the blocking of access and contact

unfounded allegations of abuse (physical, sexual, emotional)

deterioration in relationship since separation

intense fear reaction by children

(“Parental Alienation Syndrome: How to Detect It and What to Do About It”, J. Michael

Bone and Michael R. Walsh, Florida Bar Journal, Vol. 73,N0. 3, March 1999. )

The real battle in addressing the syndrome is not just the diagnosis and the

persuasion of the court of its existence in a particular case, requiring the testimony of

therapists who are PAS experts, but in properly drafting and monitoring the situation

after the litigation has been finalized. The experts seem to agree that extremely detailed,

prohibitive and proscriptive Court Orders are necessary to combat and remedy the

syndrome, and that a part of this may include continual supervision and monitoring by

the Court or its designee. Some jurisdictions now require the appointment of a type of

guardian (sometimes referred to as a Special Master) to essentially enforce the Order

and regulate the various stages of the Order.

In extreme cases, it is initially essential to attempt to stop the cycle of the syndrome

by imposing a no contact time period, such as ninety days or even six months. This no

contact period with the alienating parent should include no contact with the parent’s

relatives, associates or designees and should include no contact personally, by

telephone, by email, texting or any other method. The children should receive intensive

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therapy by a therapist knowledgeable in the field of PAS. After a period of no contact,

the Court may then order a resumption of limited visitation (usually supervised) with

the child and alienating parent, circumscribed by very specific rules regarding visitation

supervisors, topics not to be addressed or discussed (such as the targeted parent) and

the nature of activities during visits.

The appointment of a Guardian or Special Master to enforce the Order is extremely

important; alienating parents are not easily inclined to give up on the alienation

program, and can often find creative methods to circumvent the Order. Of course, the

impact on the children is of little consequence to an alienating parent and any regiment

that attempts to appeal to an alienating parent’s better instincts to do what is best for

the children will not be effective. The Special Master or Guardian can never assume that

the alienating parent will simply follow the Order, and it can be necessary in some cases

to abort the progressive steps of an Order and revert to the first step in the interest of

protecting the children.

The following are some very generalized sample paragraphs that may be of

assistance in drafting a Prohibitive Order:

a) It is the intent of the Court that the children be reunited with ______,

with the assistance of their therapist and the Special Master who shall all work toward

normalizing the relationship.

b) It is Ordered that the children remain in counseling for the purpose of re-

unification therapy between the children and ______. The therapy shall

continue until terminated by the psychologist. Both parties shall cooperate with the

therapist and participate in the therapy as required by the therapist.

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c) There shall be no contact between ______and the children for 90

days. This no contact provision includes the Court’s Order that there shall be no visits

with the children, no telephone calls to the children, no emails to the children, no text

messaging to the children nor any contact via third parties.

d) At the end of the successful completion of the 90 day no contact period,

______shall be entitled to have supervised visitation with the children. All

supervised visits and other monitored contact with the children (such as telephone calls

and emails, which ______shall be entitled to record) shall be supportive of

______and the reunification of ______and the child before any

unsupervised visitation may occur. Supervision arrangements shall be made through a

professional supervision center. Supervised visitation and monitored contact shall

continue until the children’s therapist or the Court or the Special Master stipulate that

the children have substantially improved their relationship with ______and

that ______is supportive of ______as a parent.

e) Rules for visitation and ______’s contact with the children: ______

shall not in any way discuss any financial issues with the children, directly or indirectly,

including the payment of child support, cost of therapy or any other issue.

______shall not discuss the litigation with or in the presence of the children.

Neither parent shall disparage the other. ______is prohibited from offering any

opinions about ______or discussing any decisions made by ______.

f) The Court hereby appoints ______as Special Master. The Special

Master shall have the authority to modify visitation and the conditions surrounding

visitation and to modify all forms of contact between ______and the children.

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The Special Master shall in part base his determination on ______’s compliance

with this Court Order, ______’s attempts to be supportive of ______’s

parenting role, improvement of the children in their relationship with ______

and the recommendations of the children’s therapist. The Special Master shall have the

authority to remove visitation or impose monetary or non-monetary sanctions in the

event that ______is not following the rules of visitation. The Special Master

shall have the authority to reinstate prohibitive portions of this Order in the event of

violations by ______.

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