Parental Alienation

Parental alienation is the conscious or unconscious behaviour by one parent that could disturb the relationship between a child and the other parent, by causing the child to express unreasonable negative feelings and belief towards the other parent. Alienation is when there is a significant difference between the child’s expressed feelings and beliefs towards the alienated parent, and the history between the child and that parent.

Parental alienation may have various short-term impacts on the children including diminished development potential due to stress, impact on extended family support due to excluding one side of the family, and loss of guidance and support from the alienated parent. Further, long-term effects may include the child believing their most important relationships are disposable, the child rejecting the favoured parent after they reach adulthood and realizing they had been influenced, and various effects associated with children in high conflict divorces such as substance abuse or mental health issues.

Examples of parental alienation behaviour can include making negative comments about the parent, failing to support access or contact by the other parent, expressing sadness about the child going on an access visit with the other parent and telling the child that the other parent is responsible for the divorce/separation.

In the most severe cases of parental alienation, courts have ordered that the child live with the alienated parent with supervised access to the other parent, after an assessment of all circumstances and finding that it is in the best interests of the child. Courts will often try to work with other professionals to make a decision that is in the child’s best interests. Other relief may include an assessment by a social worker or psychologist for the child and if needed therapy.

In the federal Divorce Act, there is a “maximum contact” provision which provides the presumption is that children benefit from contact with both parents as long as it is consistent with the best interests of the child. This provision is excerpted below:

“s 16(10) In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.”

While this is not explicitly mentioned in Ontario legislation, the maximum contact principle has been recognized as a proper consideration.