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A Little Knowledge Is a Dangerous Thing: Custody Evaluators and the Pop Psychology of “Parental Alienation” in the California Family Law Courts

Year: 2023
Type: article
Abstract: The United Nations Special Rapporteur on Violence Against Women and Girls recently issued a call for submissions regarding the impact of violence against women and children in custody cases globally. The nexus of the inquiry is "the abuse of the concept of 'parental alienation' and related or similar concepts" in custody and guardianship cases involving FV. The Special Rapporteur noted: "The tendency to dismiss the history of domestic violence and abuse in custody cases extends to cases where mothers or children have brought forward credible allegations of child physical or sexual abuse. In several countries, family courts tend to judge such allegations as deliberate efforts by the mothers to manipulate their child and pull them away from their father. This supposed effort by a parent alleging abuse is often termed "parental alienation." The term generally refers to the presumption that a child's fear or rejection of one parent, typically the noncustodial parent, stems from the malevolent influence of the preferred, typically the custodial parent. Although these concepts lack a universal clinical or scientific definition, emerging patterns across various jurisdictions of the world indicate courts worldwide are using the concept of "parental alienation" or similar concepts explicitly or are allowing for its instrumentalization." This research entails a systematic exploration of this discredited and dangerous PA construct in California family law courts.
Author: Leonetti, Carrie
Language: English
Subfield: Health
Open Access status: green
OpenAlex ID: W7048700074
FWCI:
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Related to: 10