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Taking Legal Action to Address Parental Alienation in Australia
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Taking Legal Action to Address Parental Alienation in Australia What is Parental Alienation? Parental alienation is a type of psychological manipulation where one parent attempts to isolate their child from the other parent, and typically involves making hurtful remarks, using manipulation, or fabricating accusations denigrating the conduct, behaviour or skills of the other parent which lead the child to reject or distance themselves from one of their parents. If you feel your child is subjected to parental alienation, it is best to consult with your local family lawyers sydney to seek legal action. What is Parental Alienation Syndrome? If you are observing this type of behaviour in your child it is important to act quickly to address this behaviour before it becomes entrenched and results in parental alienation
syndrome. It is important to understand that this behaviour does not reflect the real views of the child but are imposed on the child by one parent. Parental alienation refers to one parent acting in a way that harms the child's connection with the other parent. On the other hand, parental alienation syndrome refers to the cumulative consequences of this process on the child. Here are some of the most common behavioural expressions of parental alienation syndrome. ● Your child views you negatively and doesn't think you have any positive values. ● Your child doesn't feel bad about treating you badly or telling people they despise you. ● Your child starts criticising you without any reason. ● Your child claims that they came to these negative conclusions on their own. Apart from hiring legal counsel from the best law firms in Surry Hills / Inner Sydney, it is also recommended that you and your child visit a qualified therapist to treat the negative psychological consequences. Examples of Parental Alienation When a couple becomes estranged, one of them may start to use emotionally manipulative strategies to affect their child's affection for the other parent. However, it may also take place if the parents are still together. Here are some instances that could result in parental alienation. ● The parent who is alienating the child seeks to cut off contact with the other parent or obstruct the other parent's time with them. In such cases, it is best to connect with divorce lawyers in Sydney to address the situation at the earliest. ● Maintaining secrets between the alienating parent and the child, including knowledge that the child has been warned not to divulge to the other parent, is another significant alienating behaviour. ● The alienating parent may fabricate false allegations of abuse in an effort to keep the child from seeing their other parent. ● When discussing past occurrences with their child, they may alter the events in order to change the child's impression of the other parent. Parental Alienation is Abuse
Parental alienation is considered emotional abuse, which may cause the child considerable psychological trauma. When one parent interferes with their child’s connection with the other parent, it can have disastrous consequences for the child even when they grow up. According to research, early intervention could lessen the consequences. Therefore, visiting a mental health professional and hiring a family law solicitor at the earliest is highly recommended to address the issue. Due to the indoctrination and manipulation a child has endured as a result of parental alienation, they may develop psychological problems that can continue to affect them throughout their lives and their relationship with the alienated parent. Is Parental Alienation Recognised in Australia? There is a common myth that the Federal Circuit and Family Court of Australia does not recognise parental alienation. Even though The Family Law Act of 1975 does not define or specify the phrase "parental alienation", courts have recognised the situation in many instances. Sometimes, alternative terms, such as mental abuse, estrangement, and preferred alignment, are used to describe parental alienation, and the court accepts these situations. What Does the Court Think about Parental Alienation? If a child has been alienated, the court will base its decision on the evidence at hand with the paramount consideration being to act in the best interests of the child. Moreover, the specifics of the situation will determine how this plays out. Therefore, it is advised that a parent dealing with parental alienation hire the best family lawyers in Sydney before filing any court documents. Such documents can include information offered by the child, reports from the child's school, and reports from the child's doctors or mental health professionals. Moreover, a court-appointed consultant psychologist can write a family report after meeting with all the parties involved, including both parents and the child, and suggest a course of action.
The court wants to be sure that all options for resolving the dispute have been explored by the parties to determine what is in the best interests of the child. Types of Parental Alienation There are three different types of parental alienation that have been observed by researchers. Mild Mild parental alienation occurs when a parent tells their child various reasons to avoid the other parent. However, the child may still spend time with the other parent without obstruction. Moderate The child is taught to resent spending time with one parent and harbours strong negative emotions towards them. Severe In this type of parental alienation, the child resists all types of interaction with one parent, including refusing to meet with the parent altogether. How to Deal with Parental Alienation? Early detection before the condition becomes worse is one of the keys to lowering parental alienation rates. According to research, there are several effective ways to stop this process. Prevention The risk that parental alienation poses to the child may cause the courts to order the child reduce or cease living with the parent responsible for the alienation. Legal Enforcement Even if the alienator is the primary caregiver, in the most severe situations of parental alienation, the court will act in the best interests of the child and remove the child from that environment. In the event of breach of a Court order, the other party may seek to enforce the Order against the defaulting parent to compel compliance. Having a qualified divorce lawyer in Sydney can be very helpful in dealing with parental alienation cases.
Psychological therapy Some of the most effective ways to address parental alienation depending on the age of the child are counselling, treatment by a medical practitioner and reunification initiatives. 7 tips to Combat Parental Alienation Here are some effective tips to prevent and address parental alienation. 1. Healthy Communication Even if you are aware that the other parent is monitoring your messages and calls to your child, it is essential to continue communication with them. In addition, it is recommended to keep a record of all attempts you made to get in touch with your child, including saving copies of emails, text messages, social media or call records which may come in handy in court. We also recommend keeping track of all the times you've tried and failed to see your child and document this in written communications with the other party politely setting out the circumstances and repeating the request. This documentation might serve as great evidence and help your family law solicitor to develop a strong case. 2. Avoid Direct Confrontation Although it may be tempting, aggressively confronting the other parent won't change the situation. It is unhelpful and will only lead to problems in your connection with your child. 3. Don't be too defensive When dealing with parental alienation, it's understandable to want to get defensive, yet doing so would be detrimental. Keep your cool and refrain from exposing the kids to ongoing arguments. 4. Be Positive with Your Child Use positive words and show responsible behaviour with your child and set a good example by conduct instead of trying to convince the child that you are being alienated. 5. Try to Form a Close Relationship You can strengthen your bond with your kids by engaging in fun activities, like seeing a movie or taking them to a sports match or other favourite activity.
6. Hire Legal Professionals Having the right people on your side might make a significant impact if you're suffering from parental alienation during a contentious divorce. We suggest contacting counsellor and lawyers from the best law firms Australia so that they can legally help you maintain your visiting hours with your child. 7. Don't Neglect Your Promises If you've promised anything to your child, it's crucial that you keep your commitment. Otherwise, the other parent can take advantage of the situation and further alienate you. In Summary Parental alienation is a complicated problem that frequently calls for more than simply a legal fix. Counselling, parenting courses and help from mental health experts for the child and/or the parties can help resolve the situation. Above all, it is essential for the parent to understand what the child is going through and choose the best course of action while acting in the child’s best interests.