Parental Alienation in Canada: What It Is, Legal Consequences, and How to Protect Your Rights - Family Mediation CenterFamily Mediation Center
Parental Alienation in Canada: What It Is, Legal Consequences, and How to Protect Your Rights
PARENTAL ALIENATION
What is Parental Alienation Syndrome ?
Parental Alienation Syndrome (PAS) occurs when one parent systematically denigrates the other with the intent of turning the child against that parent. The goal is often to gain or retain custody while excluding the other parent from the child’s life. This alienation can also extend to the targeted parent’s extended family.
What You Can Do
If you believe your former partner has interfered with your relationship with your child, consider the following steps:
Consult a Family Law Lawyer:
A family lawyer can help initiate legal proceedings. Courts recognize the importance of maintaining meaningful relationships with both parents and may intervene to undo the damage caused by alienation.
Maintain Positive Contact:
Stay engaged in your child’s life and keep interactions positive. Avoid retaliating or speaking negatively about the other parent, as this can further strain your relationship with your child.
Seek Professional Support:
Consider working with a psychologist or therapist who specializes in parental alienation to begin the process of repairing the relationship.
Is Parental Alienation acceptable at the beginning of the separation ?
At the beginning of a separation, it’s not uncommon for families to experience high conflict and emotional upheaval. Even in collaborative separations, stress, tension, and uncertainty can affect both parents and children. These early challenges are often temporary, but when negative behaviors persist, particularly attempts to turn a child against the other parent, the situation becomes far more serious.
Parental Alienation as a Form of Abuse
Legal and psychological professionals agree that children need healthy relationships with both parents. Parental alienation undermines this by manipulating a child to reject the other parent—sometimes through fabricated accusations or persistent negative commentary. This conduct, when sustained, is considered a form of emotional abuse.
Research shows that children subjected to parental alienation are at greater risk for mental health issues, academic struggles, substance abuse, and difficulty forming healthy adult relationships. These long-term effects are why many professionals now classify parental alienation as a form of child abuse.
Legal Perspective:
How the Law Views Parental Alienation
The 2020 amendments to Canada’s Divorce Act shifted the focus from “maximum contact” between child and parent to prioritizing the best interests of the child. Under section 16(3), courts now consider factors such as each parent’s willingness to support the child’s relationship with the other parent.
Courts can penalize a parent who deliberately interferes with parenting schedules or contact orders. Penalties may include fines or even a reduction in parenting time.
Final Thoughts
While many parents experience bumps in the road post-separation, most do not engage in parental alienation. They may make the occasional misstep but quickly learn to manage their behavior for the well-being of their children. However, when alienation becomes sustained and deliberate, the consequences are severe—and intervention is crucial.
If you are facing a situation involving parental alienation, please don’t hesitate to seek professional and legal support. Early action can make a significant difference.
Kind regards,
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