There is an ongoing debate over whether “Parental Alienation Syndrome” should be listed in the upcoming edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM). Parental Alienation Syndrome—or “PAS”—is described by experts as “a mental condition in which a child, usually one whose parents are engaged in a high conflict Michigan divorce, allies strongly with one parent, and rejects a relationship with the other parent, without legitimate justification.” Family courts are very familiar with parental alienation and most judges have dealt with it many times.
One problem with categorizing PAS as a legitimate mental disorder, or even a syndrome, is that it is often based in gender bias. For example: when a mother brainwashes her children into telling lies about their father. Theoretically, it is a bad idea to use medical science to justify a concept so rooted in gender bias. And, as Joan S. Meier, a professor of clinical law at George Washington University School of Law, states, “PAS is a label that offers a particular explanation for a breach in relationship between a child and parent, but insofar as that breach could be explained in other ways, it is not itself a medical or psychological diagnosis so much as a particular legal hypothesis.” As experienced Michigan family law attorneys, we see the pitfalls with categorizing PAS as a mental disorder but we also understand that whether or not this is a disorder, syndrome or just bad parenting, it is clearly a problem. This problem is seen most often by lawyers in divorce and custody cases in Mid Michigan.
The originator of Parental Alienation Syndrome was Dr. Richard Gardner. Because there is limited scientific research to back up the reliability of PAS as a syndrome, some Michigan courts make inadmissible any evidence regarding Dr. Gardner’s description of parental alienation syndrome. However, that hasn’t stopped some divorce attorneys from taking the general concept of PAS and discussing it in the context of simply “parental alienation.” Courts have a hard time holding evidence of alienation inadmissible, and thus family court judges in Michigan regularly adopt alienation explanations as a way of rejecting allegations of child abuse.
As expert Michigan family law attorneys who practice both divorce law and child abuse law, we understand the importance Parental Alienation Syndrome and simple parental alienation play in the Michigan family court system. Our team of attorneys has practiced law in Michigan for over 80 combined years, and during that time, we have received many favorable results for our clients. Let us put our experience to work for you!
