When courts accept what science rejects: Custody issues concerning the alleged “parental alienation syndrome”

@article{Clemente2016WhenCA,
  title={When courts accept what science rejects: Custody issues concerning the alleged “parental alienation syndrome”},
  author={Miguel Clemente and Dolores Padilla-Racero},
  journal={Journal of Child Custody},
  year={2016},
  volume={13},
  pages={126 - 133}
}
ABSTRACT “Parental alienation syndrome” (PAS) is unscientific and is an affront to children, women who hold the custody of children of separated couples, science, human rights, and the justice system itself. Justice, to be just, should be based on scientifically proven theories and evidence. This article describes investigations carried out to show that two of the principles that underpin PAS are false: That children lie when pressed (alienated in the terminology of PAS), and that the principle… Expand
Obey the justice system or protect children? The moral dilemma posed by false parental alienation syndrome
Abstract This work focuses on the ethical dilemma involving whether to defend children and obey the law when a judge determines that a parent should deliver the child to the other parent although theExpand
Valid and invalid ways to assess the reason a child rejects a parent: The continued malignant role of “parental alienation syndrome”
Abstract Despite widespread rejection of Parental Alienation Syndrome (PAS), some custody evaluators use the presence of its components to invalidate abuse allegations and blame the preferred parent.Expand
Parental Alienation Syndrome in Spain: opposed by the Government but accepted in the Courts
ABSTRACT For over fifteen years, Spain has seen the promulgation of feminist-inspired legal frameworks to combat male violence against women and, as a result, Spanish law contains a variety ofExpand
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ABSTRACT This Commentary addresses the issue of the ethics of mental health professionals recommending or doing what family courts and some others are calling “Reunification Therapy.” This is oftenExpand
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The concept of parental alienation (PA) has expanded in popular usage at the same time that it remains mired in controversy about its scientific integrity and its use as a legal strategy in responseExpand
Are intensive parental alienation treatments effective and safe for children and adolescents?
Abstract Strong claims have been made for the possibility of diagnostic discrimination between children who refuse contact with a nonpreferred divorced parent due to parental alienation (PA) createdExpand
Abusers gaining custody in family courts: A case series of over turned decisions
Abstract This article presents findings and recommendations based on an in-depth examination of records from 27 custody cases from across the United States. The goal of this case series was toExpand
Recommended treatments for “parental alienation syndrome” (PAS) may cause children foreseeable and lasting psychological harm
ABSTRACT The coercive and punitive “therapies” recommended for children diagnosed with parental alienation constitute an ethical minefield and are especially inappropriate when used on children whoExpand
Examining the validity of parental alienation syndrome
ABSTRACT “Parental alienation syndrome” (PAS) is a phrase first coined by Dr. Richard Gardner. Since its inception several scholars have reviewed and criticized this construct, and it has never beenExpand
Parental alienation, coaching and the best interests of the child: Allegations of child sexual abuse in the Family Court of Australia.
TLDR
Whether and how the gendered concepts of parental alienation syndrome or parental alienation more broadly are still being used to rebut allegations of child sexual abuse in family court cases in Australia is examined. Expand
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References

SHOWING 1-10 OF 24 REFERENCES
Parental Alienation Syndrome and Parental Alienation: Getting It Wrong in Child Custody Cases
As courts and legislatures continue their enthusiastic ventures into family law reform, they make frequent use of theories and research from the social sciences. This essay focuses on developments inExpand
Toward a child-centered approach to evaluating claims of alienation in high-conflict custody disputes.
TLDR
Mandating the appointment of guardians ad litem in cases involving allegations of abuse or alienation will assist courts in conducting individualized, fact-specific investigations into such allegations to craft custody orders that serve the best interests of children. Expand
PARENTAL ALIENATION SYNDROME: Proponents Bear the Burden of Proof
Richard Gardner claimed to be able to diagnose parental alienation among contentious parents disputing custody, and asserted that his “syndrome” is supported by scientific and legal authority.Expand
A Historical Perspective on Parental Alienation Syndrome and Parental Alienation
Claims of parental alienation syndrome (PAS) and parental alienation (PA) have come to dominate custody litigation, especially where abuse is alleged. Although much psychological and legal literatureExpand
Proponents Bear the Burden of Proof
Richard Gardner claimed to be able to diagnose parental alienation among contentious parents disputing custody, and asserted that his “syndrome” is supported by scientific and legal authority.Expand
[Parental alienation syndrome (PAS): unknown in medical settings, endemic in courts].
  • M. Pignotti
  • Medicine, Psychology
  • Recenti progressi in medicina
  • 2013
TLDR
From a review on this issue it seems evident PAS theoretical roots lie on a theory that justify gender violence and children sexual abuse, which is rampant in Courts where it can lead to loose parental custody. Expand
Are children susceptible to manipulation? The best interest of children and their testimony
In Richard Gardner's proposed parental alienation syndrome, children reject contact with the noncustodial parent due to manipulation from the custodial parent. We investigated whether children are,Expand
Facts speak louder than words: Science versus the pseudoscience of PAS
The authors of this article wish to respond to the criticism of Bernet, Verrocchio and Korosi, who have disqualified our research on contradictory grounds by claiming on the one hand that ourExpand
Parental Alienation Syndrome and Alienated Children - Getting it Wrong in Child Custody Cases
This article examines mental health and legal responses when children resist visits with noncustodial parents. In Parental Alienation Syndrome and Alienated Children, it finds a lack of rigorousExpand
Yes, children are susceptible to manipulation: commentary on article by Clemente and Padilla-Racero
Abstract The recently published article by Clemente and Padilla-Racero made incorrect statements regarding Richard Gardner and the mental condition that he identified, parental alienation syndrome.Expand
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