Understanding Parental Alienation Syndrome (PAS): A Creditor’s Perspective on Family Law
For over 25 years, I served as a debtor’s attorney, filing more than 4,000 Chapter 7 and Chapter 13 bankruptcy cases. Today, my focus has shifted to representing creditors and helping them recover debts owed by Texas debtors. While my primary work is in creditor rights, my experience in family law has shown how emotional disputes—like those involving child custody—can have lasting consequences, particularly in cases of Parental Alienation Syndrome (PAS).
What Is Parental Alienation Syndrome?
Parental Alienation Syndrome (PAS) was first coined by Richard Gardner in 1985. It refers to a situation where one parent, often during separation or divorce, deliberately manipulates a child’s perception of the other parent, causing the child to reject or resent that parent.
How It Happens:
- A parent (the “alienating parent”) verbally insults or criticizes their former spouse in the presence of the child.
- Negative references are made about the former spouse’s new partner.
- The child is weaponized to harm the emotional and psychological well-being of the other parent (the “alienated parent”).
This manipulation can damage the child’s relationship with the alienated parent, leading to a loss of respect, nonchalance, and in severe cases, complete estrangement.
Strategies Alienating Parents May Use
Alienating parents may employ several harmful tactics to influence the child, including:
- Interfering with Custody Agreements: Frustrating custody arrangements or encouraging the child to do so.
- Punishing Contact Attempts: Discouraging or punishing the child for reaching out to the alienated parent.
- Encouraging Verbal Attacks: Teaching the child to insult or criticize the alienated parent.
- False Allegations: Involving the child in providing false testimony against the alienated parent.
These behaviors are considered a form of child abuse and can have long-term psychological effects on the child and the alienated parent.
Legal Recognition of PAS
While PAS is not yet officially recognized as a mental disorder by the American Psychological Association, it is increasingly considered in family law cases. Judges sometimes cite a lack of empirical evidence as a reason for not admitting PAS claims. However, PAS remains a contentious issue in custody disputes.
Judicial Considerations:
- Judges must carefully assess whether PAS claims are valid or being misused by abusive parents to gain an advantage.
- The best interests of the child should remain the primary focus during custody proceedings.
Protecting Children During Divorce
Divorce is challenging for all parties involved, but children are the most vulnerable. They should not be used as tools for personal gain or revenge. Creating an ideal environment during divorce proceedings can protect children from emotional manipulation and provide a safe space to express their feelings.
Solutions Include:
- Mediation: A neutral mediator can facilitate open discussions, offering conflict management advice and shielding children from emotional conflicts.
- Focusing on Emotional Growth: Parents must prioritize the child’s development and emotional well-being over personal disputes.
Why PAS Matters in Family Law
PAS underscores the importance of ensuring that custody disputes do not negatively impact a child’s psychological development. As courts continue to evolve in recognizing and addressing PAS, parents and legal professionals must work together to protect children from becoming casualties of adult conflicts.
