[…] PAS is an untested theory that, unchallenged, can have far-reaching consequences for children seeking protection and legal vindication in courts of law.”

In 2003, the National District Attorneys Association’s National Center for Prosecution of Child Abuse stated that

Although PAS may be hailed as a "syndrome" . . . in fact it is the product of anecdotal evidence gathered from Dr. Gardner's own practice. [...] PAS is based primarily upon two notions, neither of which has a foundation in empirical research. […] PAS is an untested theory that, unchallenged, can have far-reaching consequences for children seeking protection and legal vindication in courts of law.”

http://www.stopfamilyviolence.org/info/custody-abuse/parental-alienation/the-truth-about-parental-alienation

Published February 23, 2007

The Truth About Parental Alienation

by Irene Weiser

It also diverts attention away from the behaviors of the abusive parent, who may have directly influenced the children's responses by acting in violent, disrespectful, intimidating, humiliating and/or discrediting ways toward the children themselves, or the children's other parent.

EXCERPTS: The discredited "diagnosis" of "PAS" (or allegation of "parental alienation"), quite apart from its scientific invalidity, inappropriately asks the court to assume that the children's behaviors and attitudes toward the parent who claims to be "alienated" have no grounding in reality. It also diverts attention away from the behaviors of the abusive parent, who may have directly influenced the children's responses by acting in violent, disrespectful, intimidating, humiliating and/or discrediting ways toward the children themselves, or the children's other parent.
Navigating Custody & Visitation Evaluations in Cases with Domestic Violence: A Judge’s Guide, 2006, pg 24)
http://www.stopfamilyviolence.org/info/custody-abuse/parental-alienation/the-truth-about-parental-alienation

Published February 23, 2007

The Truth About Parental Alienation

by Irene Weiser

PAS’s twenty-year run in American courts is an embarrassing chapter in the history of evidentiary law. It reflects the wholesale failure of legal professionals entrusted with evidentiary gatekeeping intended to guard legal processes from the taint of pseudo-science…. As a matter of science, law, and policy PAS should remain inadmissible in American courts.”

EXCERPTS: “PAS’s twenty-year run in American courts is an embarrassing chapter in the history of evidentiary law. It reflects the wholesale failure of legal professionals entrusted with evidentiary gatekeeping intended to guard legal processes from the taint of pseudo-science…. As a matter of science, law, and policy PAS should remain inadmissible in American courts.”
Jennifer Hoult Esq, The Evidentiary Admissibility of Parental Alienation Syndrome: Science, Law, and Policy, 26 Child. Legal Rts J. 1 (2006).
http://www.stopfamilyviolence.org/info/custody-abuse/parental-alienation/the-truth-about-parental-alienation

Published February 23, 2007

The Truth About Parental Alienation

by Irene Weiser

In recent years, children placed in custody of their abusers have been coming forward to tell their stories and to warn of the harms of PAS.

EXCERPT: Some children placed in the custody of their abusers have committed suicide; others have run away, and countless others have endured the abuse and are permanently traumatized..  In recent years, children placed in custody of their abusers have been coming forward to tell their stories and to warn of the harms of PAS. 

Published February 23, 2007

The Truth About Parental Alienation

by Irene Weiser

http://www.stopfamilyviolence.org/info/custody-abuse/parental-alienation/the-truth-about-parental-alienation

As a result of this "through-the-looking-glass" thinking, when courts award visitation or custody to the parent the child has an aversion to, in many instances, the courts are awarding custody to abusers.

EXCERPTS: Parental Alienation fails to recognize that a parent or child may have legitimate reasons for having antipathy toward the other parent; it rejects out of hand the idea that allegations of abuse could be true.  Thus, instead of investigating allegations of abuse, PAS turns the focus of the court’s investigation onto the motives of accuser. Evidence of animosity toward the other parent is regarded as evidence of PAS. As a result of this "through-the-looking-glass" thinking, when courts award visitation or custody to the parent the child has an aversion to, in many instances, the courts are awarding custody to abusers. 

Published February 23, 2007

The Truth About Parental Alienation

by Irene Weiser

http://www.stopfamilyviolence.org/info/custody-abuse/parental-alienation/the-truth-about-parental-alienation

Children’s Legal Rights Journal published an article that undertook a comprehensive analysis of the scientific, legal and policy issues involved in the evidentiary admissibility of Parental Alienation Syndrome, and found that there was no support for its use

PAS Discredited in Mental Health and Legal Communities

This past year (2006) the American Bar Association’s Children’s Legal Rights Journal published an article that undertook a comprehensive analysis of the scientific, legal and policy issues involved in the evidentiary admissibility of Parental Alienation Syndrome, and found that there was no support for its use
http://www.stopfamilyviolence.org/info/custody-abuse/parental-alienation/the-truth-about-parental-alienation

Published February 23, 2007

The Truth About Parental Alienation

by Irene Weiser

PAS has been increasingly relied upon in family courts and its logic extended to apply not only to situations where child sexual abuse was alleged, but to any allegations of family violence.

EXCERPTS: There is no empirical evidence for the existence of PAS , Gardner’s theory has not undergone peer review, and PAS has never been accepted by the American Psychiatric Association for inclusion as a clinical diagnosis in the Diagnostic and Statistical Manual of Mental Disorders.  Nonetheless, the theory of PAS has been increasingly relied upon in family courts and its logic extended to apply not only to situations where child sexual abuse was alleged, but to any allegations of family violence.
http://www.stopfamilyviolence.org/info/custody-abuse/parental-alienation/the-truth-about-parental-alienation

Published February 23, 2007

The Truth About Parental Alienation

by Irene Weiser