The phenomenon of parental
alienation, although a widely recognised in North
America and Europe, so far it is not
recognised in courts across England and Wales. However, they
are slowly becoming aware of 'parental
alienation' and it is being progressively recognised
alienation is a manifestation where one parent is unable
to distinguish their child's wishes and feelings from their own
as far as the contact between the child and the other parent is
concerned , which often results in the parent turning the
child against the other.
alienation is illegal in Brazil and has
long been widely recognised in the US and
Canada. Mexican legislation provides a sentence
for up to 15 years in jail, while the Italian
jurisdiction only provides a fine. As of now, no clear legislation
exists in England and Wales, as parental alienation is still not
recognised as "child abuse" under
However, there are strong arguments
in support of the theory that the phenomenon is, in fact, a form of
"child abuse", in that every child is
entitled the fundamental right to enter into an
unthreatened and loving relationship with both parents.
Additionally, the parent perpetrating the alienation from the other
one is often unable to put the childs feeling and wishes above
their own in other matters which constitutes further elements to
support the "child abuse" hypothesis.
One of the main hurdles preventing
courts from addressing this situation is the inability to
identify parental alienation. However, mandatory
mediation and therapy during early stages of the court proceeding
could result into an improved chance for the children to maintain a
healthier relationship with the "alienated" parent.
The matrimonial team at
Giambrone is widely recognised for its record of
proven successes in cross-jurisdictional and international divorce
and children cases, acting in cases involving different countries
across the world.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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While a request for a divorce may come as a shock, most people come to the realisation that if their spouse considers that the marriage is over then, perhaps after attending marriage counselling, there is no point fighting the inevitable.
There is no question that Mr and Mrs Owens are both unhappy with their current position, and the Court of Appeal judges were equally unhappy with the current legal position. The question is what should be done.
The highly unusual decision in the recent case of Owens v Owens, has served as a reminder of the Respondent's right to defend a Petition for divorce, and the Court's power to reject a Petition based on unreasonable behaviour...
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