Parental alienation syndrome case inspires an unprecedented Ontario court decision

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A recent Ontario Court of Appeal decision highlights the gravity the court attaches to cases of parental alienation syndrome in divorce and child custody cases. It is described as unprecedented as there is no other case in Canada where access to a child from the age of 10 to 18 has been terminated.

In this case the decision was in favour of the mother, who was given full custody of the youngest child in the family. The court issued a restraining order keeping the father from contacting his ex-wife or the youngest child; and awarded the mother more than $320,000. This decision was based on an overwhelming concern that child would become a victim of the Parental Alienation Syndrome.

Basically, the Parental Alienation Syndrome (PAS) is present when a child is brainwashed into thinking the other parent is the enemy through verbal and non verbal signals. This ranges from bad mouthing the other parent in front of the children, to withholding visits or telephone conversations with the other parent.

The judges found that the three oldest children of the marriage, who are now adults, were alienated from their mother by the father, who has taken aggressive steps towards this end. The panel believes that if the father had access to the youngest child, he would continue his foul practices.

Canadian law dictates that in the case of a divorce, both parents have a financial responsibility towards their children. If the mother has custody of the children as in this case, the father is required to pay child support, which is calculated according to his earnings. In this case the mother was awarded a very large sum of money ($320,000) since the father has abused the children in the family over a long period of time and has incurred vast emotional damage.