Parental alienation is one of the most difficult types of child custody disputes, and the emotions involved in any child custody dispute can also complicate these difficulties. At its essence, parental alienation occurs when a child starts to reject one parent; this can often occur because “the other parent either consciously or subconsciously encourages the child to do so through their actions.” One of the challenges with this type of case is that the court seeks to protect the child’s voice, but often the child’s voice has been affected by actions outside the parent’s control.
This is where a mental health evaluation for the court is vitally important. It helps the court analyze the case from a clinical point of view rather than from an emotional point of view and provides the court with a more accurate understanding of the child’s cognitive functioning.
Understanding Parental Alienation Beyond Surface Behavior
Parental alienation is not defined by one occurrence, and as with many things in life, it is based on a succession of occurrences that create a shift in a child’s behavior, language, and emotional reaction out of proportion to their actual experience.
Children may begin expressing extreme and immutable negativity toward one parent or another and use language that sounds repetitive or very adult-like; for example: “I hate my dad, he’s a loser,” or “I don’t like my mom, she’s evil.” There may not be an ambivalent reaction from either parent; one parent may be put on a pedestal while the other is completely rejected.
Nonetheless, a strained relationship between parent and child does not always indicate alienation. There can be legitimate reasons for distance between parent and child, including conflict, neglect, and fear. It is extremely important to be able to distinguish between alienation and distance because if a child is falsely labelled as experiencing alienation, it will diminish their legitimate experiences, and if it is not correctly identified as alienation, it can continue allowing the presence of unhealthy behaviours and environments. Mental health professionals need to approach cases such as these with an open mind. Their goal is not to validate any claim, but rather to gather all information relevant to understanding the dynamics that contribute to the child’s perceptions and actions.
The Role of Mental Health Evaluation in Custody Cases
A court-ordered mental health assessment is an evidence-based, structured assessment of the psychological well-being and functioning of both the child and the parents that has been adapted to answer legal questions about the parents’ ability to parent, the emotional stability of the parents, and the quality of the parent-child relationships. A mental health assessment for court is a much more detailed assessment than a standard clinical assessment, as it involves a series of long, detailed interviews, review of all medical and personal history, and documentation of interactions with the child by each parent.
In addition to these items, it is common to conduct standardized psychological tests for measuring personality characteristics, emotional functioning, and determining if there are additional external factors influencing the child. Critical to the process of evaluating the child is analysis of the child’s story; as evaluators analyze the child’s statements, they examine what is being said, how it is conveyed, whether the feelings expressed correspond to the content of the statement(s), if the child’s reasoning appears appropriate to his or her development, and if the child’s thoughts seem to be independent of everything else the child is exposed to. These subtle distinctions can be used to separate a child’s natural point of view from one that has been altered.
In cases where there are likely to be issues with parental alienation, the assessment does not use any one piece of evidence for the assessment, but rather reviews the bigger picture (patterns) of behaviours, consistency within situations, and the surroundings (i.e., psychological environments) around the child that will influence how the child develops.
How Courts Interpret Mental Health Findings?
Mental health assessments are used by Courts to make educated decisions, but they do not simply accept the findings. They take the findings into account as part of the overall context of the case while still adhering to the principle of the best interest of the child. If the results of the evaluation indicate that the child is rejecting the other parent as a result of outside influences, the court may consider taking corrective action to help restore the family unit. Actions the Court could take involve revising custody terms, creating a structured visitation schedule, or involving a Therapist in order to assist the child in maintaining a healthy relationship with both parents.
However, Courts are still cautious when dealing with allegations of alienation because these types of claims can often be misused in highly contentious custody cases. This reinforces the need for an in-depth Mental Health Evaluation in order for the Court to make a decision based on factual information and the credibility of the Mental Health Evaluator. An accurate and thorough evaluation clarifies the extent of each parent’s contribution to their child’s environment and provides an accurate basis for decision-making based on factual information.
The role of the Court is not to determine whether one parent is “correct,” but rather to determine what, if anything, may be changed in order for the child’s home to promote healthy emotional and psychological growth.
Protecting the Child Through Clarity and Clinical Insight
Cases of parental alienation arise from the confluence of perception, feeling, and influence. Evaluating the facts of the case can be tough without a thorough examination of how solidly all three are handled, but through a mental health evaluation for court objectivity can be added to subjective conditions. Ultimately, this process not only protects the long-term welfare of the child but, through a better understanding of the underlying psychological dynamics involved in parenting, will also help the court to render legally compelling decisions concerning the child based upon actual evidence of the child’s development, attachment, and relationship-building.
Ultimately, these issues are not about obtaining custody of a child; they are about creating the foundational emotional components that will lead to the child’s future relationships. In this manner, clarity is not just preferred but also required.