The Affects of Parental Alienation on Decision-Making Responsibilities
When parents separate in Alberta, the hope is that they can work through their issues in the best interests of the children. In fact, parents have a legal obligation to do this.
However, when emotions run deep and disputes arise, parents can lose sight of this and engage in behaviour such as parental alienation.
Trying to turn children against the other parent—or wrongfully accusing the other parent of such behaviour—is an inadvisable strategy that can badly backfire.
If the Alberta courts intervene, such actions may affect relationships with the children and lead to legal ramifications, most notably with decision-making responsibilities and parenting time.
Here is what you need to know about parental alienation if you find yourself in this position.
Parental alienation in Alberta
Parental alienation is the practice of deliberately manipulating a child to reject, fear, or mistrust the other parent, usually without justification.
The types of behaviours that can lead to claims of parental alienation in Alberta include:
- Continually being disparaging about the other parent.
- Preventing or discouraging the child from talking to or meeting the other parent.
- Suggesting that the other parent does not love or care for the child.
- Making the child feel guilty about spending time with the other parent.
- Regularly portraying the other parent negatively.
Children may be highly impressionable, and such manipulation can cause fear, reticence, or outright rejection of the other parent.
Decision-making responsibilities in Alberta
Decision-making responsibility in Alberta (previously called “child custody”) refers to the authority to make major decisions in a child’s life. This includes decisions about:
- Schooling and education.
- Healthcare and dental care.
- Everyday and extracurricular activities.
- Religious upbringing.
The federal Divorce Act and Alberta’s Family Law Act follow the best interests of the child standard for all decisions that concern children in a divorce or separation.
The legal presumption is that both parents should play an active role in their child’s upbringing, including decision-making responsibilities, unless it is proven that this would not be in the child’s best interests.
How is parental alienation addressed by the Alberta courts?
Alberta courts consider a range of factors when weighing up decisions over parental responsibilities.
The ability of parents to work together in the best interests of the child is a key consideration. Alienating actions taken by either parent may be seen as contrary to the general well-being, development, and best interests of the child—and, consequently, serious parental misconduct.
If parental alienation is alleged in a case brought before the Alberta courts, the judge will take the accusation seriously. If it is proven, the judge may consider that a parent’s actions undermined the principle of the child being able to establish a meaningful and ongoing relationship with both parents. Sanctions could be imposed on the offending parent.
Potential sanctions need to balance the child’s best interests with the rights of each parent but could include:
- Reduced parenting time for the alienating parent.
- Decision-making authority is awarded to the other parent.
- Court-ordered counselling or therapy for the child, parents, or entire family.
- Conditions are placed on the alienating parent’s involvement in decision-making.
In Alberta, judges will only limit parenting time or award sole custody, excluding the alienating parent, in severe cases where the parent’s actions risk the child’s development or well-being. Parental rights remain strongly protected, and courts hesitate to suspend or remove them.
What are the typical signs of alienation?
For parents who suspect a change in the relationship with a child due to alienating actions from the other parent, it is useful to understand the typical signs to look out for. These are:
- A sudden, unexplained change in the child’s attitude towards meetings, visits, or calls.
- The child suddenly adopts new phrases that seem “coached”.
- Open hostility by the child toward one parent without explanation.
- The other parent regularly interferes with pre-agreed parenting schedules.
It should also be recognized that children may go through a range of emotions when parents separate, leading to many types of behaviour that deviate from “the norm”. These behaviours may or may not be due to parental alienation, and other causes should be considered before jumping to conclusions.
Avoid weaponizing allegations of parental alienation
Accusations of parental alienation are serious and can have grave ramifications for parents and their families.
They should not be used recklessly or as a “weapon” of revenge against the other parent or a way to swing opinion in your favor during cases involving decision-making responsibilities and parenting time.
Parents should always keep in mind the child’s best interests. That usually means avoiding deepening disputes and family division by making unfounded accusations.
What should you do if you suspect parental alienation in Alberta?
Before accusing the other parent of alienation, it is usually best to discuss the matter and attempt to address any issues through other means than court involvement.
Parents who believe they are being targeted by parental alienation should begin by documenting any incidents or messages received that raise suspicions. They should avoid the temptation to retaliate.
If the situation does not improve, suggest family counseling or therapy to resolve the issue, or consult a family lawyer to protect your rights. A last resort may be to apply to the Alberta courts for intervention.
If the matter heads to court, legal representation is essential, as proving parental alienation is challenging, to say the least. Your lawyer will help you gather evidence to present to the court and, if necessary, apply to modify decision-making responsibility.
If you live in the Calgary area and need assistance with a family law matter, the experienced lawyers at Jennings Family Law can help you. Call (403) 316-0138 to request a confidential consultation, contact us directly online, or email Warren Jennings directly at warren@jenningsfamilylaw.com.
