Vancouver Calgary Parental Alienation Lawyers help clients deal with parental alienation, parental estrangement, enmeshment and overly protective parents who act as gatekeepers. In the recent case of A.L v L.W. Mr. Justice Funt reviewed and accepted many of the recommendations of Dr Rebecca England, forensic psychologist. The court equalized the time of a 7 year old child with the mother and father despite the mother’s objections to same.
Our experienced Vancouver Calgary Parental Alienation Lawyers help heal dysfunctional families locked in high conflict and help them move forward focused on the best interests of their children. Meet with us in Vancouver, Calgary, Surrey, Kelowna, Fort St John and Richmond, BC. Call us toll free at 1-877-602-9900.
Vancouver Calgary Parental Alienation Lawyers Like New Alienation Definition
Parental Alienation and how it is addressed by therapists, lawyers and judges has advanced over the past decades. The highly ranked* Vancouver Calgary Parental Alienation Lawyers at MacLean law understand that newer definitions focus not on who is at fault for the alienation but on the child and use a family systems approach.
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IN A.L v. L.W. Mr Justice Funt approved of the following approach to dealing with possible parental alienation:
DR. ENGLAND’S INVESTIGATION AND REPORT
[58] Dr. England undertook a comprehensive investigation and prepared for the Court a report with sound analysis and insight. The mother had initially requested Dr. England to attend trial but then withdrew the request. Where a s. 211 expert is not cross-examined, the facts stated in the expert’s report are prima facie evidence of their truth: K.M.W. v. L.J.W., 2010 BCCA 572 at para. 50.[59] With respect to possible alienation of the daughter, Dr. England stated:
In the writer’s opinion, there are some aspects of [the daughter’s] views that are consistent with what one finds in alienated children. To preface further discussion, it is important to clarify how the word ‘alienation’ is being used in this assessment as this term has been used by various writers in different ways.
In the writer’s opinion, previous conceptualizations of ‘alienation’ which largely blame the favoured parent, contribute to ongoing conflict. This is because parents who already have limited skills in dealing with conflict during their relationship, now engage in conflict post-separation regarding who is to blame for the alienation. In the writer’s opinion, the reformulation of parental alienation syndrome published by Kelly and Johnston (2001) [Family Court Review, vol. 39, No. 3, 249] is a superior model which places the focus on the child, takes a family systems approach to understanding the alienated child, and has no a priori assumptions regarding the behaviours of the favoured parent as a causal agent. In fact, they note that particularly with adolescent children “… alienating behaviour by a parent is neither a sufficient nor a necessary condition for the child to become alienated.” Rather, this model directs that factors related to each parent and the child be identified as they may play a role in the alienation taking hold.
In Kelly and Johnston’s model, the alienated child is one “who expresses, freely and persistently, unreasonable negative feelings and beliefs (such as anger, hatred, rejection, and/or fear) toward a parent that are significantly disproportionate to the child’s actual experience with that parent.” [at 251]. Therefore, a child may have negative experiences with a parent, but the key is that their negative feelings are disproportionate to their direct experience with that parent.
Alienation is seen as the end point of a continuum where a child may initially have an affinity with one parent while having positive relationships with both parents, they may develop an alliance with one parent and feelings of ambivalence towards the other parent, they may become estranged from one parent as a consequence of witnessing or being the target of abusive behaviours, or they may become alienated and express rejection towards a parent with whom they have no history of physical or emotional abuse. The alienated child’s views while perhaps having a kernel of truth are significantly distorted and exaggerated reactions and thus it is a pathological response.
Alienation is a complex phenomenon which results from the interaction of several factors. These factors may be related to the dynamics in the parents’ relationship, the reason for separation, different parenting styles, and certain child-related factors (e.g., temperament, age, gender, sibling relationships).
[60] I agree that the definition that Dr. England adopts from the Kelly and Johnston model is appropriate for family law cases. I note, in particular, a child may become an alienated child through no fault of either parent. Dr. England’s approach also recognizes the difference between alienation and estrangement: see Williamson v. Williamson, 2016 BCCA 87 at para. 41.
Vancouver Calgary Parental Alienation Lawyers Know Estrangement
Our Vancouver Calgary Parental Alienation Lawyers know that sometimes a child is not alienated but is estranged from one parent. In one case a child’s refusal to visit may be justified by a parents own poor parenting skills and behaviours.
[41] Barrow J. also observed that parental alienation must be distinguished from estrangement: D.S.W. at para. 28. Courts have said that the difference between estrangement and alienation lies in the cause; estrangement occurs when the child understandably refuses contact with a parent because of that parent’s behaviour, and there is a logical and rational reason for the child’s rejection of the parent. In the case of alienation, it is said there is little or no objectively reasonable cause for the child’s rejection of the parent: N.R.G. v. G.R.G., 2015 BCSC 1062 at paras. 277-278
Call our Vancouver Calgary Parental Alienation Lawyers today at 1-877-602-9900 to start dealing with the problem before it becomes a serious issue. Call us toll free at 1-877-602-9900.
