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 throughout courts.
Parental 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.
Parental 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 British jurisdiction.
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.
As reported by the Children and Family Court Advisory and Support Service (Cafcass), some 5% of children who are currently facing the divorce or separation of their parents are also experiencing parental alienation.
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.
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