Parental alienation is a quiet issue that can lead to permanent harm to children.
When a parent manipulates a child to separate them from the other parent, it can lead to a breakdown in the family relationship and cause significant emotional and psychological harm.
This article provides guidance on how to recognize parental alienation and discusses the key evidence accepted by the legal system. It also offers valuable advice for lawyers handling such cases.
What does parental alienation involve?
Parental alienation happens when one parent or a close relative influences the child against the other parent by speaking negatively about them.
Parental Alienation syndrome develops over time in the environment of the parent who has custody of the child.
Identifying a situation of parental alienation.
The usual conduct of “an alienator” conforms to certain commonly accepted behaviors.
- A parent who declines to forward phone calls to their children.
- Devalues, insults, or disrespects the other parent in front of the children.
- Does not share details with the other parent regarding children’s 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.
- Criticizes the parent’s new relationship.
- accuses the parent who left;
- Creates untrue memories of abuse towards the child, making up distressing scenarios.
The Law of Parental Alienation, as stated in article 2 of Law no 12.318/2010, addresses the challenges mentioned.
The act of parental alienation, as described in Article 2, is seen as interference in the psychological development of a child or adolescent. It involves actions by a parent, grandparent, or guardian that lead the child to reject or harm their relationship with the other parent.
These are instances of parental alienation, demonstrated through actions either confirmed by the judge or identified through investigation, carried out directly or with the assistance of others.
I – effort to challenge the way a parent carries out their responsibilities as a parent.
II – obstruct the exercise of parental control.
III – obstructing the child or adolescent’s contact with the parent.
Hinder the implementation of laws regulating family coexistence.
Omit any personal information about the child or adolescent, including details about their parents, school, doctor, and address changes.
Make a false accusation against a parent, their relatives, or grandparents to obstruct or prevent their relationship with the child or adolescent.
Moving the child or adolescent to a faraway location without reason in order to prevent them from being together with the other parent, relatives, or grandparents.
What are the outcomes of parental alienation?
It doesn’t require being a psychologist or psychoanalyst to understand that the syndrome can damage the relationship between the child and the alienated parent, leading to irreparable consequences for the child’s personality development.
The literature on the subject agrees that children with the syndrome may experience long-term depression, struggle to adapt to typical social environments, face identity and image issues, feel despair and guilt, exhibit hostile behavior, lack organization, and in severe cases, consider suicide.
The parent engaging in this form of violence against the child is not fit to have custody and should be transferred to the other parent who protects the child’s well-being.
Legal consequences of parental alienation
The Civil Code outlines various responsibilities and duties that both parents must fulfill under the family power institution, including involvement in their children’s education and spending time with them.
This ensured right is rarely impacted following a separation, especially when it involves parental alienation and the guardian engaging in authoritative control over the family.
Loss of family authority can occur according to the Civil Code.
If a parent fails in their responsibilities or misuses their authority, the judge may intervene to protect the child’s well-being and assets by suspending their parental rights.
The father or mother will lose parental rights through a court decision according to Article 1,638 of the Civil Code.
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IV – to mention again the deficiencies outlined in the previous article.
The penalty for not fulfilling the responsibilities associated with family authority under Law No 8.069/90, which addresses the rights of children and adolescents, will also be enforced.
To improperly or intentionally neglect the responsibilities associated with parental authority or arising from guardianship or custody, as well as those determined by the judicial authority or the Tutelar Council, is a violation of Article 249 of Law No. 8.069/90.
Fine ranges from three to twenty reference wages, with a doubled penalty for repeat offenses.
Law No 8069/90, the ECA, provides additional measures, similar to those in Law No 12.318/10, regarding Parental Alienation.
Measures are applicable to parents or guardians according to Article 129 of Law no. 8.069/90.
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III – directing mental health treatment.
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VII – caution;
Guard loss;
IX – loss of guardianship;
Suspension or removal of parental authority.
The Parental Alienation Law takes the following into account.
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 assessment, which may include interviews with the individuals, review of relevant documents, examination of relationship history, assessment of personality traits, and observation of the child’s response to allegations against the parent.
The evaluation will be carried out by a professional or a multi-disciplinary team with the necessary qualifications and proven expertise to diagnose cases of parental alienation.
The assigned expert or multidisciplinary team has 90 days to submit their report on verifying parental alienation, with the possibility of extension through judicial approval with valid reasons.
The judge may take various actions to prevent or reduce the effects of behaviors that interfere with the relationship between a child or adolescent and their parent, which are considered typical acts of parental alienation.
I acknowledge the presence of parental alienation and caution the alienating parent.
Expand the family living arrangement to support the estranged parent.
III – impose a penalty on the person causing alienation.
IV – identify the need for psychological and/or biopsychosocial monitoring.
Identify the shift in guard duties for a shared guard or its reversal.
Establishing cautionary measures for the child’s or adolescent’s residence.
Declare the suspension of parental authority.
The judge has the authority to change the responsibility of caring for or relocating the child or teenager from the parent’s home during the alternating periods of family time.
The parent who promotes the child or adolescent’s effective coexistence with the other parent will be prioritized for custody arrangements when shared custody is not possible.
The change in the residence of a child or adolescent does not affect the determination of jurisdiction for matters concerning family relationships, unless agreed upon by both parents or decided by a court.
The goal of criminalizing parental alienation is not just about the severity of the sanctions but also about using it as a coercive method to eliminate this behavior.
Parental alienation typification is a suitable tool for protecting the minor’s interests, depending on the severity of the behavior.
How can parental alienation be demonstrated?
Proving parental alienation involves presenting evidence showing inappropriate interference in the parent-child relationship.
Law No. 12.318/2010’s Article 5 requires psychological or biopsychosocial evaluation to determine if the practice has occurred, with various types of evidence being used.
- Records of conversations where the alienating parent directly criticizes or attempts to hinder the child’s contact with the other parent can serve as proof.
- Teachers, family members, friends, and psychologists who are involved in the child’s daily life can report changes in behavior that suggest alienation.
- Changes in a child’s behavior, such as a decline in academic performance, anxiety, or emotional issues, can be noted in school and medical reports by professionals in education and healthcare.
- Justice may ask for a psychological assessment of the child and parents to check for signs of parental alienation.
- Failure to adhere to visitation agreements: Keeping formal records of unsuccessful visit attempts or failure to follow court rulings is crucial for demonstrating interference.
Lawyers handling such cases need to advise their clients on the significance of collecting reliable evidence and enlisting experts’ help to reinforce their legal arguments.
Justice and Child Protection Must Work Together to Prevent
Parental alienation not only damages the parent-child relationship but also has the potential to permanently harm the child’s emotional growth.
Brazilian laws provide ways to detect and prevent this activity, safeguarding the minor’s best interests.
In cases of parental alienation, it is important to advise your client to collect strong evidence and monitor the child’s behavior to help restore a healthy relationship with both parents.