For the purpose of our story, Parental Alienation is the “the intentional and strategic indoctrination of hate and/or guilt by one parent against the other, with the sole purpose of severing the bond spiritually, mentally, emotionally and physically with the other parent, thus gaining total power over the child, and ultimately the alienated parent.”
In the current Diagnostic and Statistical Manual (DSM-5) of the American Psychiatric Association (APA), parental alienation is now listed under diagnostic code V995.51 “child psychological abuse.” In addition, the 2018 World Health Organization’s (WHO) International Classification of Diseases (ICD-11) is including parental alienation under ”Caregiver Child Relation Problem.” (Von, 2018)
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/)