What is parental alienation in Ontario family law?

July 22, 2024 Plat Simionati

What is parental alienation in Ontario family law?

Disclaimer: This article aims to provide educational information surrounding co-parenting and separation. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.

“Parental alienation” has become a buzzword in discussions about family dynamics and custody battles; however, its meaning has become often misunderstood.

What exactly does “parental alienation” entail? What are your options if you are seeing the effects of parental alienation? 

Those are the questions we will discuss in this article. 

What is parental alienation? 

Parental alienation happens when one parent manipulates a child to reject the other parent. This creates a deep rift in the parent-child relationship.

Parental alienation may manifest through subtle tactics or more overt actions. A parent’s actions may range from badmouthing the other parent to actually limiting contact. You may suspect parental alienation if your child: 

  • constantly criticizes you without justification 
  • shows unwavering support for their other parent
  • provides frivolous or exaggerated reasons for rejecting a relationship with you  
  • feels no guilt about their behaviour towards you.

Many mental health and legal professionals recognize parental alienation as a form of abuse that has profound effects on both the child and the targeted parent.   

Challenges in recognizing and proving parental alienation syndrome

If your relationship with your child has become strained, it can be challenging to determine whether it is parental alienation or if your child is simply estranged from you. Concrete evidence is hard to gather and the burden of proof is high. 

It is especially difficult because you are attempting to prove a negative – that you did not engage in behavior that caused the estrangement. Distinguishing between genuine estrangement, which may be due to the targeted parent’s behavior, and alienation, which is due to the other parent’s manipulation, requires thorough investigation and expert evaluation.

What happens if you can prove there are signs of parental alienation? 

If parental alienation is proven, repairing your family relationships is going to be difficult, especially as children get older and have more autonomy.  The reality is that forcing an older teenager to spend time with their parent may backfire and create an even more difficult situation. 

However, you can obtain a court order to try and repair the relationship. The court may modify parenting time (formerly known as custody) arrangements, even going so far as to completely reverse the current arrangements so that the child spends most of their time with the alienated parent. In this case, the court reversed the primary residence and ordered 120 days of no contact with the mother, so that the child and father could attend intensive therapy. 

The court may require that the child and both parents undergo therapy to repair the child’s relationship with the alienated parent. 

As always, the courts will be focused on the best interests of the child. 

Turn to Plat Simionati LLP: Your Ontario Family Lawyers

Navigating parenting arrangements after a separation or divorce is complicated, from understanding parental rights to attending court proceedings. You need expert guidance and legal support by your side.

If you’re facing any family law challenges, reach out to our team of experienced family law professionals. At Plat Simionati LLP, our practice solely focuses on family law, caring for a wide range of cases with care and expertise. Contact us today to discuss your situation and how we can help protect your family’s well-being and legal rights.