Trudeau urged to act against family violence

Feminist groups want federal government to ban use of ‘parental alienation’ claims

A coalition representing more than 250 feminist organizations took to Parliament Hill Tuesday and called on the federal government to take what they say is a crucial step to protect victims of family violence.

In an open letter presented during a press conference, members of the coalition urged Prime Minister Justin Trudeau, Justice Minister Arif Virani and all major party leaders to end the use of “parental alienation” claims through a change in Canada’s Divorce Act.

“Too often, courts and custody evaluators consider that reporting family violence or asking for reduced contact between the father and the child are signs of ‘alienation,’ that is, brainwashing by the mother to make the child reject the father,” the letter, authored by the National Association of Women and the Law says.

“This concept is leading courts across the country to separate children from their mothers and force minors, against their will, to live with their fathers — even when there is a documented history of family violence.”

The calls for a blanket ban come as emerging Canadian and international research casts doubt on the controversial concept that some say highlights how domestic violence is not taken seriously in family courts. Family lawyers have recognized the abuse of the concept in divorce proceedings but assert parental alienation remains a real issue that needs to be thoroughly examined rather than banned.

Parental alienation is a concept used to describe when one partner unfairly undermines the relationship of their child with the other parent. It is widely recognized by courts across Canada and is instrumental in custody and access disputes, though the psychological theory it stems from has been widely disputed.

Court reprimands in cases involving parental alienation are often severe. The Star spoke to one woman, who was granted anonymity so as not to risk her ongoing case, who said she had main custody with limited visitations for her ex-partner prior to his claim she was alienating their two daughters from him.

“There were many expert witnesses brought in from his side, accusing me of parental alienation because of the children’s estranged relationship with him,” she told the Star.

“Then my kids were court-ordered to attend reunification camp in the United States,” where she was not allowed to contact them, she said. “I had 48 hours notice to transfer care of the children from my care to his care.”

“What they tell you is 90 days turned into over 500 for my oldest daughter and my other daughter is approaching 700 days,” she said, referring to the time away from her children.

Following a lengthy review of the case, her eldest daughter, now 16, returned home, but her youngest is still with her father.

In tears, she could only describe the return of her eldest daughter as “bittersweet.”

“I get one back, but I don’t get the other one back,” she said. “How is it in the best interest of one daughter to be in my care, but not in the best interest of the other daughter to be in my care?”

At issue, advocates say, is that accusations of parental alienation have become commonly used in instances where the parent accused of alienating the child — most often the mother — is a victim of family violence. The accusation has come to overshadow allegations of family violence in custody disputes, despite clear provisions in the Divorce Act surrounding family violence. It’s become so rampant that some lawyers have advised their clients not to report abuse to the courts, said Suzanne Zaccour, NAWL’s director of legal affairs.

The problem is not just in Canada. In June, the United Nations’ special rapporteur on violence against women and girls warned against the use of the “pseudo-concept” and urged all member states to prohibit its use in family courts. Investigations by media in the U.S. and the U.K. have cast doubt on the use of “expert witnesses” to validate claims of parental alienation.

“If the mother does not raise abuse, courts won’t know that they need to protect the child. But if the mother does raise abuse, courts find her to be alienating,” said Nneka MacGregor, the executive director of WomenatthecentrE, an organization that fights genderbased violence in Canada. “Either way, the children lose.”

Toronto-based family lawyer Amanda Smith said she has seen instances where the concept is taken advantage of, but has also witnessed examples that show parental alienation is a real issue that affects many children.

If the mother does not raise abuse, courts won’t know that they need to protect the child. But if the mother does raise abuse, courts find her to be alienating. NNEKA MACGREGOR EXECUTIVE DIRECTOR OF WOMEN AT THE CENTRE