A history of the use of the concept of parental alienation in the Australian family law system: contradictions,collisions and their consequences

ABSTRACT

This paper presents insights into the history and current deployment of the concept of parental alienation in the Australian family law system. It begins in 1989, when an article on parental alienation syndrome was first published in an Australian law journal. It then traces aspects of the socio-legal and social science research, gender politics, law reform and jurisprudence of the following 30 years, paying attention to moments of significant change. The impacts of major amendments that emphasise the desirability of post-separation shared parenting outcomes in 1996 and 2006 are specifically considered. More recently, in 2012, reforms intended to improve the family law system’s response to domestic and family violence were introduced. The history reveals an irreconcilable tension between the ‘benefit’ of ‘meaningful’ post-separation parent-child relationships and the protection of children from harm. When mothers’ allegations of violence in the family are disbelieved, minimised or dismissed, they are transformed from victims of abuse into perpetrators of abuse – alienators of children from their fathers. Their actions and attitudes collide with the shared parenting philosophy. This is arguably an inescapable consequence of a family law system that struggles to deal effectively with family violence in the context of a strong shared parenting regime.     

“The Rain Grows Plants,the Thunder Does Not”: Refugee Mothers’ Narratives on Child Abuse and Neglect

Abstract

Child abuse and neglect are regarded as a public health problem in the United States and around the world. While refugee families experience extreme parenting stress as they resettle, little attention is placed upon how refugee women themselves view child abuse and neglect. The primary objective of this qualitative exploratory research project was to document, through interviews, the compelling narratives of 17 refugee women regarding child abuse and neglect. We discuss the unique struggles faced by refugee families while parenting their children as they resettle in the United States. Recommendations are provided for professionals working with children and refugee families.     

ASSESSING MUTUAL PARTNER-ABUSE CLAIMS IN CHILD CUSTODY AND ACCESS CASES

This article explores issues associated with mutual claims of domestic violence in the context of research on gender and violence, and in the context of litigation tactics commonly employed by perpetrators in child custody and access cases. Quotations from parents involved in such cases illustrate why accurate assessment of mutual cliams requires complete information about social context and the analysis of patterns of domination, power and control in the relationship over time. Recent developments in Canadian law ought to enhance the ability of judges to take such evidence into account. The article aims to provide a lens through which to understand and assess such cases.     

Coping Alone: Examining the Prospects of Adolescent Victims of Child Abuse Placed in Foster Care

The ability of a young person to cope effectively with stressful life events appears to be associated with their previous experiences and relationships. Young people in foster care who have histories of child abuse, therefore, may find they cannot cope effectively with the situation they find themselves in. This paper attempts to highlight the problems they face. A group of 21 young people were interviewed and were asked to complete the Frydenberg and Lewis Adolescent Coping Scales. Their social workers provided information on their past history both in care and prior to coming in to care. It emerged that the young people who had experienced physical and/or sexual abuse were significantly (p < 0.02) more likely to be/have been involved in problem, or Crisis, foster placements. Additionally these young people displayed less adaptive coping strategies than the young people who had not been abused. The most significant differences indicated that the victims of abuse were more likely to try and cope with stressful situations by themselves, while the other foster adolescents were significantly (p < 0.004) more likely to find support from their friends. Case studies, with reference to the teenager's own accounts, help to illustrate how a history of abuse can complicate the already difficult fostering processes, and can also affect the long-term coping abilities of the victims. The consequences of these issues are discussed.     

Family violence and depressive symptomatology among incarcerated women

This study examines the potential association between witnessing parental violence as a child and later adult depressive symptomatology within a population that has received limited attention in the scientific literature, namely, incarcerated women. The Conflict Tactics Scale and the Center for Epidemiological Studies Depression Scale were administered to 60 women incarcerated in a maximum security prison in North Carolina. A majority of the women reported that they had witnessed verbally aggressive or physically violent interactions among the adult members in their families. Seventy percent of these women suffered from clinically relevant levels of depressive symptomatology. Stepwise multiple linear regression analysis revealed that increasing levels of reasoning conflict resolution strategies used in the women's families of origin were associated with decreasing levels of depressive symptomatology of the women, whereas increasing levels of physically violent conflict resolution strategies were associated with increasing levels of depressive symptomatology.     

Effects of Partner Violence and Physical Child Abuse on Child Behavior: A Study of Abused and Comparison Children

This study tests a model of the effects on child behavioral outcome of the child's exposure to partner violence and child abuse, in children who have experienced the two forms of victimization either separately or together. Recognizing that family contextual factors play an important role in influencing child outcome, an ecological model is proposed that designates family stress as the principal exogenous factor, with effects on child outcome mediated through caretaker distress, partner violence, and child abuse. The sample consists of 100 confirmed cases of physically abused New York City schoolchildren, ages 9 to 12 years, and their families, and 100 nonmaltreated classmates, matched for gender, age, and, as closely as possible, for race, ethnicity, and socioeconomic status, and their families. Child behavioral outcome is assessed by classmates for antisocial, prosocial, and withdrawn behavior and by parents and teachers for externalizing and internalizing problem behavior. Results are generally consistent with the hypothesis that partner violence and caretaker distress, both associated with family stress, increase the risk for child abuse and thereby raise the child's risk for poor outcome. Implications of differences among raters for the model's applicability, and implications of the results for clinical intervention, are discussed.     

Child Abuse Potential: A Comparison of Subtypes of Maritally Violent Men and Nonviolent Men

Researchers have demonstrated an overlap between husband-to-wife violence and child abuse, but we know little about which maritally violent men are at greatest risk for engaging in child abuse. This study examined child abuse potential across 4 subtypes of maritally violent men (i.e., family only, low level antisocial, borderline/dysphoric, and generally violent/antisocial; Holtzworth-Munroe et al., and 2 comparison groups of nonviolent men (i.e., maritally distressed or not), using the Child Abuse Potential Inventory (CAP; J. S. Milner [1986])). The results revealed that the borderline/dysphoric batterer subtype had significantly higher child abuse potential scores than all of the other violent subtypes and the nonviolent comparison groups. Theoretical and clinical implications are briefly discussed.     

AN EXPLORATORY STUDY OF SUPERVISED ACCESS AND CUSTODY EXCHANGE SERVICES

The detrimental effect of parental conflict in protracted child custody and visitation disputes is well established in the literature. However, little is known about the impact of parental conflict on children when visitation takes place in a protected setting. Part of a larger study that examined the broader issues related to parental and child involvement in a supervised access and custody exchange service, this article specifically explores the influence of parental participation on child well-being. This exploratory effort reveals that children's level of adjustment remained stable over 6 months of participation while visitation returned to court-ordered levels and interparental contact was precluded by staff intervention.     

Victims Speak: Comparing Child Sexual Abusers' and Child Victims' Accounts, Perceptions, and Interpretations of Sexual Abuse

This article presents findings from a longitudinal study¹ that sought to evaluate a treatment program for child sexual abusers. A triangulated methodological approach was adopted drawing upon quantitative and qualitative methodological techniques. The focus here is upon one element of this research.² Ninety-one in-depth interviews were conducted over a four-year period with a small, nonrandom sample of twenty-one male offenders who had been convicted of sexual offenses against children. All of the men were subject to probation orders with a psychiatric condition (Criminal Justice Act, 1991). One of the aims of this element of the research was to explore the extent to which evidence of denial could be found in offenders' accounts of offense circumstance and also to explore the extent to which offenders minimized the nature and extent of abuse perpetrated. Offenders' accounts of offense circumstances were compared to victim statements, and stark differences emerge. These findings have considerable implications for treatment practice with sex offenders, where victims' perceptions could be used to directly confront offender denial and minimization.     

ELIJAH AND ISHMAEL

This article examines the leading custody cases in Canada dealing with children's cultural and racial identity. The author argues in favor of fluid and open understandings of culture in custody assessments rather than static notions of culture.