Parental alienation is a concept that the Court does not take lightly and is a label that is not easily achieved. It involves a finding of fact and will depend on the unique circumstances of each case. It is more than just name-calling by a parent. The Honourable Justice Chiasson, in Her Ladyship’s decision of Williams v Power, 2022 NSSC 156, at paragraph 72 adopts a definition of parental alienation which includes:
“One parent systematically, through a variety of physical, emotional, verbal, contextual, relational set of maneuvers systematically reduces the value, love, commitment, relationship, involvement of the other parent by minimizing, criticizing, devaluing that parent’s role. It can involve children having their sense of history being “re-written” by a parent’s redefinition of history, reframing things, repetitively talking about things. It can involve sometimes very subtle and sometimes not so subtle suasion, coercion, direction, misrepresentation and so on.”
Proving Parental Alienation in Custody Disputes
The person alleging alienation bears the burden to prove it has occurred, and it is a high burden to prove. It is notable that parental alienation will not always be found in every situation where children resist contact with a parent. It is also not found in every high-conflict situation. Individuals must therefore be careful in advancing this claim.
The Impact of Parental Alienation: Legal Guidance and Support
Because of its very nature, parental alienation can be severe and destructive. It can have significant, long-lasting, damaging effects. Families experiencing parental alienation may be wondering what their options are, and how to best navigate the challenges it can present. Contact our lawyers at Lenehan Musgrave LLP to assist you in preparing to move forward in addressing parental alienation issues. You can book a family law consultation by completing the form below or giving us a call at (902) 466-2200.
