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The McKay Law Group, APC
Family Law Attorneys
402 West Broadway, Suite 400
San Diego, CA 92037
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"Parental Alienation Syndrome:" Is It Real?

The term "parental alienation syndrome" came to national prominence recently after the actor Alec Baldwin used it to help explain his vitriolic phone message to his 11-year-old daughter, whose custody has been an extremely contentious issue between Baldwin and his ex-wife, actress Kim Basinger.

Baldwin contended that his estranged wife engaged in intentional "parental alienation," which can be loosely defined as a campaign by one parent to alienate a child from the other parent, by engaging in conduct such as:

• restricting visits from the non-custodial or other parent
• cutting off visits and/or contacts from the other parent
• not delivering gifts, correspondence and messages from the other parent
• withholding affection from a child when he or she says anything positive about the other parent
• telling the child disparaging lies about the other parent

Not Yet an Accepted Term

Baldwin contended that the frustration he felt due to the parental alienation by his ex-wife had driven him to the point of yelling at their daughter. However, the term "parental alienation syndrome," or PAS, is highly controversial. Many experts on family dynamics and divorce are highly critical of the term, which was coined in 1985 by child psychiatrist Richard Gardner.

Last year, the American Bar Association stated its opposition to the use of the term PAS. Paul Fink, former president of the American Psychiatric Association (APA), said that "PAS is junk science at its worst…Science tells us that the most likely reason that a child becomes estranged from a parent is that parent's own behavior." The APA does not have an official position on PAS, but it has noted "the lack of data" supporting PAS.

Conduct, But Not a Syndrome

Part of the issue regards the inclusion of the word "syndrome." Although many family law attorneys, courts, and child psychologists have noted parental behavior that could be labeled purposeful "alienation," the broadening of the term to establish the behavior as a syndrome has not met with much approval in the legal or psychologists' communities.

Alienating the Judge

Indeed, some family law judges now apparently lean toward awarding custody to a "friendly" or "cooperative" parent rather than a hostile parent who may be trying to retain sole custody and alienate a child from the other parent. As always, the focus for family law courts is on the best interests of the children, not on divorcing parents who may or may not be able to conduct themselves in a reasonable manner.

(Source: Hartford Courant)

Do you have questions about parental alienation or other child custody issues? Contact us today to set up a consultation with one of our compassionate, experienced family law attorneys.