Every family law matter is unique, but one issue that often arises in child custody disagreements is parental alienation.
This issue can add stress, excitement, and further aggravation to the situation, making it all the more difficult to come to a resolution.
A fundamental part of family law across Australia, particularly as it relates to the best interests of the child, is case law.
Important points
- Parental alienation can greatly affect custody battles and make it difficult to decide what is in the child’s best interest.
- Case law provides a framework within which to determine the proper outcome for a child and their custody environment.
- Third-party support can be helpful in preventing or resolving parental alienation issues.
Is parental alienation recognized in Australia?
In Australia, parental alienation is an emotionally charged issue that often leads to a series of pre-trial dispute resolution protocols.
These minutes are intended to give families time to resolve issues and come to some agreement, or at least have some ideas, on how to approach the court.
Before delving into the relevant case law, it is important to define parental alienation – to provide context for the discussion.
The term “parental alienation” is not specifically specified in the Family Law Act 1975 (Cth) but can be and is recognized by the Federal Circuit and Family Court of Australia.
Parental alienation is often described as psychological abuse, alienation, or a preferred alignment, although these terms do not change the definition.
The above terms may not always be explicitly mentioned by the court in relation to parental alienation, but in a custody case the court will refer to various circumstances that may contribute to the alienation; like alienation.
There have been several cases in which the Court has specifically referred to specific cases of parental alienation
Parental alienation occurs when one parent tries to undermine the other parent’s relationship with their children.
This can be done in various forms, e.g. B. by the children spying on the other parent, being excluded from family events or members, and the children getting into fights.
This can have serious implications for children, especially if left unresolved.
Jurisprudence on parental alienation
Regarding the case law on parental alienation, the High Court case Cowling v Singh (2008) dealt with an allegation of parental alienation.
In this case, the court ruled that if any form of alienation is found, the court must take into account living conditions consistent with the best interests of the child.
A mother appealed to the High Court of Australia, claiming that the father alienated her daughter for a decade.
In this case, the court found that the mother was emotionally dependent on the daughter’s affection and also alienated the father from the daughter.
Breakwell (2008)
In the Family Court Case of Breakwell (2008), the judge held that while there is evidence of parental alienation, the best interests of the child must come first.
The father was found to have alienated the mother from the children, but the court found that this must be balanced against the mother’s influence over the children’s lives.
The court found that the mother’s estrangement from the father was not as harmful to the children as the estrangement of the father.
The court finally ruled that the child should live mostly with the father, since he was less dominant over the children and gave the children more stability.
Kinsella vs. Kinsella (2007)
In Kinsella v. Kinsella (2007), the court found that the father had waged an alienation campaign against the children.
He had misled the children about their mother, made false accusations about her parenting style, and ignored the children’s psychological needs.
The court found that the father’s attempt to alienate the children from their mother caused unnecessary harm and ordered the mother to bear sole parental responsibility.
Diploma
When considering case law on parental alienation in the context of a custody dispute, it is important for the court to consider the impact of court decisions on the best interests of the child.
As seen in the above cases, the court may find that the best interests of the child require the sole parental responsibility of the father or mother, or it may order some form of third party assistance.
To ensure the best outcome is achieved, both parents should consider ways of working together, focusing on their child’s psychological needs.
As the parental alienation case law above demonstrates, parental alienation is a complex and emotionally charged issue – one that requires the knowledge and expertise of a seasoned family law attorney.
The content of this article is intended to provide a general guide to the topic. Professional advice should be sought in relation to your specific circumstances.
Comments are closed.