“Parental alienation is a legal concept as opposed to a mental health diagnosis. As such, it is my view that the court can make a finding of alienation based upon an analysis of the facts alone without expert evidence.
Experts have developed a list of factors to aid in identifying parental alienation. Cases have cited these factors. For example, when analyzing the issue of parental alienation in C.(W.), MacPherson J. qualified Dr. Fidler as an expert in alienation. Dr. Fidler set out indicators of alienation; these have been cited in numerous cases: L.(A.G.) v. D.(K.B.) (2009), 2009 CanLII 943 (ON SC), 93 O.R. (3d) 409 (Ont. S.C.), at para. 92 [L.(A.G.)]; G.(J.M.) v. G.(L.D.), 2016 ONSC 3042 (CanLII), at para. 134 [G.(J.M.)]; Maharaj, at para. 140.
The following are indicators of alienation:
Child Behaviours:
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- View of parents one-sided, all good or all bad; idealizes one parent and devalues the other
- Vicious vilification of target parent; campaign of hatred
- Trivial, false and irrational reasons to justify hatred
- Reactions and perceptions unjustified or disproportionate to parent’s behaviours
- Talks openly to anyone about rejected parent’s perceived shortcomings
- Extends hatred to extended family and pets (hatred by association)
- No guilt or ambivalence regarding malicious treatment, hatred, etc.
- A stronger, but not necessarily healthy, psychological bond with alienating parent than with rejected parent
- Anger at rejected parent for abandonment; blames him/her for divorce
- Speed is brittle, a litany; obsessed; has an artificial quality; affect does not match words; no conviction; unchildlike, uses adult language; has a rehearsed quality
- Stories are repetitive and lacking in detail and depth
- Mimics what siblings report rather than own experience
- Denial of hope for reconciliation; no acknowledgement of desire for reconciliation
- Expresses worry for preferred parent, desire to care for that parent; or, defensive denial that child is indeed worried about parent
| Alienating Parent Behaviours:
• Allows and insists that child makes decisions about contact • Rarely talks about the other parent; uninterested in child’s time with other parent after contact; gives a cold shoulder, silent treatment, or is moody after child’s return from visit. • No photos of target parent; removes reminders of the other parent • Refusal to hear positive comments about rejected parent; quick to discount good times as trivial and unimportant • No encouragement of calls to other parent between visits; rationalizes that child does not ask • Tells child fun things that were missed during visit with other parent • Indulges child with material possessions and privileges • Sets few limits or is rigid about routines, rules and expectations • Refuses to speak directly to parent; refuses to be in same room or close proximity; does not let target parent come to door to pick up child • No concern for missed visits with other parent • Makes statements and then denies what was said • Body language and non-verbal communication reveals lack of interest, disdain and disapproval • Engages in inquisition of child after visits • Rejected parent is discouraged or refused permission to attend school events and activities • Telephone messages, gifts and mail from other parent to child are destroyed, ignored or passed on to the child with disdain • Distorts any comments of child that might justify accusations • Does not believe that child has any need for relationship with other parent • When child calls and is quiet or non-communicative, parent wrongly assumes pressure from target parent, or that child is not comfortable with target parent; evidence of bad parenting; does not appreciate that child is uncomfortable talking to alienating parent about target parent • Portrays other parent as dangerous, may inconsistently act fearful of other parent in front of child • Exaggerates negative attributes of other parent, and omits anything positive • Delusional false statements repeated to child; distorts history and other parent’s participation in the child’s life; claims other parent has totally changed since separation • Projection of own thoughts, feelings and behaviours onto the other parent • Does not correct child’s rude, defiant and/or omnipotent behaviour directed towards the other parent, but would never permit child to do this with others • Convinced of harm, when there is no evidence • False or fabricated allegations of sexual, physical and/or emotional abuse • Denigrates and exaggerates flaws of rejected parent to child • Says other parent left “us”, divorced “us” and doesn’t love “us” • Over-involves child in adult matters and litigation • Child required to keep secrets and spy or report back on other parent • Child required to be messenger • Overt and covert threats to withdraw love and affection from child unless other parent is rejected • Extreme lack of courtesy to rejected parent • Relocation for minor reasons and with little concern for effects on child |
Once a finding of alienation is made, courts must then determine the appropriate order. MacPherson J. in C.(W.) summarized the available orders, as articulated by Dr. Fidler, as the following:
1) Do nothing and leave the child with the alienating parent;
2) Do a custody reversal by placing the child with the rejected parent;
3) Leave the child with the favoured parent and provide therapy; or
4) Provide a transitional placement where the child is placed with a neutral party and therapy is provided so that eventually the child can be placed with the rejected parent.”