A child requires the care of both parents to flourish in life. Alienating from even one of the parents can cause psychological harm in the long run.
However, during divorce filings and custody battles, things can go south between both spouses. One of them may seek revenge by alienating the other parent from the child.
In such cases, it is best to hire a family lawyer. If you think your spouse is alienating you from your child, here is what you need to know about it.
What is Parental Alienation?
Parental alienation takes place when one parent manipulates the child into rejecting the other parent. This commonly takes place during child custody battles when one parent wants more control over the child than the other.
Please note that alienating behavior is not black and white. It can range anywhere from denigrating the other parent to denying the child parenting time.
There have been extreme cases of parental alienation within Canada. However, while this affects children, the reason behind it is the misconduct of the parent.
Top 17 Signs of Parental Alienation to Look For
Before we move on to how to win a parental alienation case in court, it is crucial to determine whether your spouse is manipulating you with this tactic.
Here are the top signs of parental alienation you must look for:
- Badmouthing or making derogatory remarks about the parent to the child.
- Making the child feel guilty about expressing affection towards the other parent.
- Making the child feel bad about wanting to spend time with the other parent.
- Making false claims about the parent to the child.
- Not letting the child visit or have access despite court orders.
- Asking the child what parent they side with.
- Your ex-spouse constantly signs the children up for activities that are in conflict with your parenting time.
- Your ex-spouse disrespects you in front of the children through verbal and non-verbal communication.
- Your children report that your ex-spouse asks the children for information about your life.
- The attitude of your children towards you is changing dramatically.
- Your ex-spouse is trying to shuffle parenting time so you can’t keep up with the schedules.
- Your children arrive without their necessities when it is your turn to care for them.
- Your children will not admit to having fun or being close to you in front of the other parent.
- Your children know details of your divorce that you did not share with them.
- Your ex-spouse accuses you of domestic violence.
- Discouraging the child from making contact with the other parent.
- Physically preventing the child from visiting or talking to the other parent.
Federal Legislation for Parental Alienation
The Divorce Act was created keeping the rights of the child in mind. Amendments in 2020 removed the principle of maximum contact, which was created to guarantee that each child had contact with both parents as long as it was in the best interests of the child.
However, since the amendments, section 16 (3) has set out various factors to consider when determining the best interests of the child. One of these factors is the willingness of the spouses to develop and maintain the child’s relationship with the other parent.
When courts allocate parenting time, they will be implementing the principle that the child should have as much time with each parent as is consistent with the child’s best interests.
If any parent ignores the contact schedule defined in the court order, then the parent will be subject to penalties, such as loss of parenting time or fines.
Parental Alienation Case Law Ontario
Let’s take a look at the important parental alienation case law in Ontario to help you understand what outcomes you can expect. Courts have repeatedly noted the psychological harm that parental alienation can have on the child.
The Case of Gordon v. Goertz
This was a Supreme Court decision in 1996. In this case, the court came to the conclusion that:
“The importance of preserving the child’s relationship with his/her psychological parent has long been recognized by the court…. This relationship may well be the most determinative factor on the child’s long-term welfare.”
In this case, the Supreme Court clearly recognizes the importance of the parent-child relationship and will always decide in the best interests of the child.
The Case of Bruni v. Bruni
This is a 2010 case that took place in Ontario. The case involved a mother who irreparably damaged the child’s and father’s relationship.
The courts recognized what happened and punished the mother by reducing the spousal support to $1 monthly. They also condemned the mother’s behavior by labeling it “evil.”
The Case of Hong v. Rooney
This case proceeded in 2012. In this situation, the mother removed the child from the home when she was only twenty months old and refused to let the father see or know where they had moved to.
The father was cut out of the life of the daughter for a year. Then, the father decided to take the legal route to seek custody of the child.
The mother made claims of sexual abuse towards the father without any evidence, which the court deemed as “nonsensical allegations.”
After looking at all the facts and evidence of the case, the court gave sole custody of the child to the father with access to the mother.
How to Win a Parental Alienation Case in Court: Top 5 Tips
Now that you have some basic information about parental alienation, it is crucial to learn how to win a parental alienation case in court. These are the tips you can follow:
1. Gather Evidence to Prove Parental Alienation
The first thing you need to have to make your case substantial is to have relevant evidence. This is the part where you will have to collect as much information as possible on why you think your ex-spouse is alienating your child from you.
Some important types of evidence can include witness statements from family members, emails, text messages, visit records, and documentation of the emotional state of the child.
Here are some important ideas that will help you gather evidence to prove parental alienation:
- Talk to your family members or friends who have witnessed things that can support your case
- Go through your old communications with your spouse, such as voicemails, messages, emails, social media conversations, and more
- Record conversations with family members or friends who have witnessed things that support the case
- Get in touch with a psychiatrist or therapist who may have treated your child previously
These are the most important things you must collect to gather evidence for your parental alienation case.
2. Try to Opt for Court-Ordered Therapy for Your Child
It is crucial to take care of your child’s psychological and emotional well-being during this time. We recommend getting court-ordered therapy if your child has been parentally alienated.
Therapists look at the situation objectively and provide a report to the court that will outline what is needed to heal the relationship between the child and the parent.
On the other hand, the therapist will also determine if there has been any parental alienation and recommend how to proceed with the court case. They will also help the child understand the importance of having a relationship with both parents.
3. Keep Records of the Encounters with Your Child
Whenever you have an ongoing case in court, it is crucial to maintain a record of everything that has happened. Judges will look at the evidence you present, which is why it should be strong.
We recommend you keep an extensive record of the frequency and timing of visits between you and your child. Maintain a diary or journal with all the interactions within it.
For example, you can include details such as:
- Where you went with your child
- What you and your child did together
- How long did it take your spouse to respond to the request of a meeting
- How long your child stayed each time
- The gap between the visits of your child
These details will help the judge have a much bigger picture of the contact between you and your child. It will enable them to make a well-informed decision during the case.
4. Maintain Contact with Your Child
Even if your spouse is alienating you from your child, it is crucial you maintain as much contact with your child as possible. Do not reciprocate your spouse’s attempts to alienate your child further.
Doing this will only harm your child, and it will further deteriorate your legal position. So, be sure to keep everything on record and maintain contact with your child to help you win the court case against parental alienation.
5. Consult with a Family Lawyer to Proceed with the Case
Finally, we recommend you get in touch with a family lawyer in Canada to win the parental alienation case. They will provide you with details on how you can gather evidence and what you can do to strengthen your position in the eyes of the court.
If you require a trusted and knowledgeable family lawyer, then you can schedule a consultation with us to learn about what you can do.
What are the Judges’ Views on Parental Alienation?
Before proceeding with the case, many people wonder about the judge’s view on parental alienation. Fortunately, judges understand how serious parental alienation is and its consequences on the child.
This is why the alienating parent can lose custody if they are the caregiver. However, the view the judges will have on your situation will depend on the specific facts of your case.
Legal Consequences of Parental Alienation on the Alienating Parent
If a judge finds you to be guilty of parental alienation, then it is highly likely that they will order the other parent to live with the child. Some other consequences may include the following:
- Assigning supervised visitation
- Cutting down parenting time to a very small percentage
- Reducing or eliminating spousal support payments
- And much more
The degree of consequences you will face will depend on the severity of the crime.
Can a Parent Lose Custody for Parental Alienation?
Yes, in extreme cases, a parent can lose custody for parental alienation. In the end, the court will evaluate the best interests of the child and then make a decision.
If there has been irreparable damage caused by you through parental alienation, then you will lose custody. To understand your legal options, we recommend getting in touch with our family lawyer.
FAQs
Is parental alienation illegal in Canada?
The government of Canada doesn’t need to criminalize or pass legislation to make parental alienation illegal. The Family Act handles this issue, and parents can get help if one of the parents is alienating the child from the other parent.
How do you prove narcissistic parental alienation?
Gathering evidence is the most important way to prove narcissistic parental alienation. Record everything in different formats to ensure you can prove narcissistic parental alienation to the courts when the time comes.
How to defend against parental alienation?
To defend against parental alienation, we recommend you maintain a loving and positive relationship with the child so that they can feel and remain safe with you. You can also talk to the other parent to work on the issue, but if the behavior continues, then you must go to the courts for help.
Consult with a Family Lawyer in Ontario to Win a Parental Alienation Case in Court
If you have been noticing alienating behavior from your ex-spouse towards the child, then we recommend getting in touch with our family lawyer in Ontario. Athena Narsingh is a trusted and compassionate lawyer dealing with sensitive family matters.
For more information, schedule a free initial consultation with us today.
Author Profile
- Barnett Law is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh Barnett wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.
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