For purposes of our story, we use the following definition…

 

In 2016, Colorado enacted a law which recognizes parental alienation as a form of emotional abuse.  The law (CRS 14-10-124 (1.5)(a)(VI) requires a court to consider a party’s ability to foster a positive relationship between a child and the other parent.  If a court determines that a positive relationship is not being supported by a parent, the alienating party may face contempt, financial sanctions or even loss of custody.            (https://www.denverdivorceattorneyblog.com/denver-custody-parental-alienation/)

In Brazil on July 26, 2010, Article 2 of Law No. 12,318 was passed which makes it a criminal act and defines parental alienation as the interference with the psychological formation of a child or adolescent that promotes repudiation of a parent or damage to the establishment or maintenance of ties with a parent, when such an act is practiced by a parent, grandparent, those who have the child or adolescent under their authority, custody, or supervision.

The Law provides examples of parental alienation, including but not limited to:

  • waging campaigns of disparagement of a parent’s behavior in the exercise of parenthood;
  • hindering the exercise of parental authority and limiting contact between the child or adolescent and the other parent;
  • making the right to have a close family life with the child or adolescent difficult;
  • deliberately omitting relevant personal information about the child or adolescent, including educational, medical, and change-of-address data, from the other parent;
  • submitting false complaints against a parent, family members, or the grandparents, preventing them from having a relationship with the child or adolescent; and
  • moving to a remote site with no explanation, in order to hamper the relationship between the child or adolescent and the other parent or the grandparents or other relatives (art. 2 (sole para.), Law No. 12,318).

Once an act of parental alienation is established, a judge may declare that it has occurred and warn the alienator; expand the regime of family life in favor of the alienated parent; fine the alienator; order counseling; change the custody to or from joint custody; or determine the setting of an interim residence for the child or adolescent (art. id.).   (http://www.loc.gov/law/foreign-news/article/brazil-parental-alienation-criminalized/)

 

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