The Legal Failure to Define Parental Alienation Syndrome and Its Consequences
The failure of South African and international legal systems to adequately define and address Parental Alienation Syndrome (PAS) has led to systemic harm affecting children, alienated parents, and the broader fabric of family justice. Despite compelling evidence from clinical psychologists, child development experts, and legal professionals, PAS remains undefined in South African law, unrecognised in international diagnostic standards such as the DSM-5 and ICD-11, and insufficiently enforced in family courts. This legislative and diagnostic omission leaves affected children vulnerable to psychological abuse and alienated parents with no legal remedy or recognition.
PAS refers to a consistent pattern in which one parent (the alienator) psychologically manipulates a child to unjustifiably reject and fear the other parent (the alienated parent). This is often achieved through emotional coercion, indoctrination, blackmail, parentifying the child, and fabricating allegations of abuse to initiate vexatious litigation, including unsubstantiated domestic violence orders. These tactics serve not the child’s best interests but rather the alienator’s goal of control, vengeance, or psychological dominance.
Despite its omission from the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) and the International Classification of Diseases (ICD-11), PAS meets all indicators of psychological and emotional abuse as outlined under Section 1(1)(xix)(aa) of the Children’s Act 38 of 2005, which defines child abuse to include “emotional maltreatment” and “psychological harm.” The Act’s Section 7(1)(l) requires courts to consider the effect of alienating behaviour on the child’s developmental needs and emotional security.
Further, Section 28(2) of the Constitution of the Republic of South Africa, 1996 provides that the best interests of the child are of paramount importance in all matters concerning the child. Alienation directly violates this constitutional protection by damaging the child’s developmental growth and undermining a meaningful relationship with one of their parents.
Alienated children often display symptoms of trauma, anxiety, depression, low self-worth, and difficulty forming healthy adult relationships. These outcomes, left unchecked, can lead to long-term psychological instability, as supported by global research on attachment and developmental disorders. For the alienated parent, the impact is equally severe, leading to profound psychological distress, social alienation, and, in many instances, post-traumatic stress.
Despite existing statutes like the Domestic Violence Act 116 of 1998, Maintenance Act 99 of 1998, and Children’s Act 38 of 2005, the lack of a clear legal definition of PAS creates a vacuum that hinders enforcement. This failure allows alienating parents to manipulate the legal system, often under the guise of protective legislation, thereby perpetuating injustice.
This policy submission proposes a new section be inserted into the Children’s Act, defining Parental Alienation Syndrome as a form of psychological child abuse, actionable under both civil and criminal law. Additionally, courts should be mandated to refer suspected cases of PAS to forensic psychologists trained in identifying alienation dynamics. Mediation, where applicable, must be court-ordered, and failure to comply must result in the review of contact and care arrangements.
We further propose amending Section 33 of the Children’s Act to require mandatory forensic assessment in any matter where a history of unjustified contact denial or alienation behaviour is alleged. The creation of a National Register for Alienated Children should be considered to monitor the outcomes of such cases.
Failure to act will continue to place vulnerable children and alienated parents in a position of injustice, contrary to the very principle enshrined in South Africa’s constitutional and statutory framework: that the best interests of the child are paramount.
Proposed International Legal Definition of Parental Alienation Syndrome
Parental Alienation Syndrome refers to a recognised pattern of emotional, psychological, physical, and developmental abuse inflicted upon a child by one parent (the alienating parent) for the sole purpose of unjustly severing or eroding the child’s bond with the other parent (the alienated parent), where no evidence exists of abuse, neglect, or harm by the alienated parent.
This syndrome is characterised by a range of coercive and manipulative behaviours including, but not limited to:
- Emotional and psychological manipulation, including indoctrination, blackmail, and coercion;
- Physical and emotional deprivation, isolating the child from the alienated parent, extended family, and support networks;
- Parentification and enmeshment, where the child is compelled to assume adult emotional roles or loyalties inappropriate for their developmental stage;
- Fabrication of allegations, including false or unsubstantiated claims of domestic violence, abuse, or neglect, used strategically to influence legal proceedings or public perception;
- Sexualised manipulation, where the child fulfils the role of the sexual partner in the absence of the other parent (the alienated parent) where applicable, involving grooming or suggestive coercion that distorts the child’s perception of the alienated parent and their role to the alienating parent;
- Exploitation of legal mechanisms (lawfare) through the initiation of vexatious litigation, frivolous applications, and abuse of legal protections such as fabricated/false restraining or protection orders, without justifiable cause.
Parental Alienation Syndrome occurs in the complete absence of any rational, logical, legal, psychological or factual reason for the child’s rejection of the alienated parent and constitutes a violently detrimental form of emotional child abuse and psychological violence. It results in direct significant harm to the child’s mental health, identity formation, and long-term well-being from childhood to and throughout their adult lives.
In the complete absence of both local South African authority’s outright refusal to provide both legal and psychological guidance This definition shall serve as both the local and internationally recognised legal framework for identifying, assessing, and adjudicating cases of Parental Alienation Syndrome across all civil, family, and child protection jurisdictions, and shall underpin the safeguarding of children’s rights to maintain meaningful, loving relationships with both parents in the absence of proven abuse or neglect.
II. Application Under Current South African Law
If adopted, the following existing legislation would support the implementation, recognition, and adjudication of Parental Alienation Syndrome under South African Law:
1. Children’s Act 38 of 2005
- Section 6(4)(b): Protects children from “any form of maltreatment, abuse, neglect, degradation, discrimination, exploitation or any other physical, emotional or mental harm or suffering.”
- Section 7(1): Highlights factors such as the nature of the child’s relationship with each parent, stability, and protection from psychological harm.
- Section 9: Enshrines the best interests of the child as paramount.
- Section 10: Ensures the child’s right to participate and be heard, considering age and maturity.
- Section 33–35: Parenting plans and dispute resolution mechanisms, including mediation.
- Section 61: Authorises the Family Advocate to investigate and make recommendations in disputes.
2. Domestic Violence Act 116 of 1998
- Section 1: Defines emotional, verbal, and psychological abuse.
- Section 2: Permits courts to issue protection orders to prevent such abuse.
3. Maintenance Act 99 of 1998
- Section 10: Inquiry into maintenance obligations.
- Application: Weaponisation of maintenance claims may form part of alienation tactics.
4. Constitution of the Republic of South Africa, 1996
- Section 28(1)(b): Right of every child to parental care.
- Section 28(2): Best interests of the child as paramount consideration.
5. Sexual Offences and Related Matters Amendment Act 32 of 2007
- Sections 17, 21–23: Address sexual grooming, exploitation, and inappropriate manipulation.
6. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA)
- Sections 1, 6: Prohibit unfair discrimination based on gender or family status.
III. Proposed Legislative Amendments and New Legislation
A. Amendment to the Children’s Act 38 of 2005
Introduce a new section:
Section 7A – Parental Alienation
(1) Parental Alienation shall be deemed to occur when one parent, through persistent or systematic acts or omissions, unjustifiably interferes with the child’s relationship with the other parent.
(2) Such acts include emotional manipulation, false allegations, isolation, coercive control, or misuse of legal processes.
(3) Courts must consider expert psychological assessments in suspected cases.
(4) Upon a finding of parental alienation, the court may:
• Order reunification therapy;
• Vary care and contact arrangements;
• Impose sanctions including costs or supervised contact.
B. New Proposed Act: Parental Alienation Prevention and Redress Act
Purpose:
- To define, criminalise, and prevent Parental Alienation.
- To provide a specialised process for early detection, assessment, and intervention.
Provisions:
- Establishment of a Child Psychological Integrity Unit.
- Mandatory training of judicial officers and social workers.
- Use of court-appointed alienation experts.
- Emergency intervention orders.
- Criminal sanctions in cases of extreme, repeated alienation.
IV. Draft Policy Framework for Submission to Parliament
Title: “Safeguarding the Psychological Integrity of Children: A Policy Proposal to Recognise and Prevent Parental Alienation in South Africa”
Objective:
- To formally recognise Parental Alienation Syndrome as a form of emotional child abuse.
- To protect the right of the child to an ongoing relationship with both parents.
- To prevent the misuse of protective legislation for vindictive or coercive purposes.
Policy Principles:
- Child-centric justice: The psychological and emotional needs of the child are central.
- Presumption of shared parenting: In the absence of proven harm, both parents should be involved equally.
- Mandatory mediation and psychological screening in all high-conflict parenting disputes.
- Automatic review of all protection orders where children are cited but evidence is untested.
- Accountability mechanisms for false allegations and misuse of legal remedies.
Implementation Recommendations:
- Amend the Children’s Act and Domestic Violence Act to include Parental Alienation.
- Train judiciary, magistrates, and legal practitioners.
- Establish a multi-disciplinary oversight committee.
- Public awareness campaigns.
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V. Court Affidavit Template Reference: Parental Alienation Case
IN THE CHILDREN’S COURT FOR THE DISTRICT OF [AREA]
Case No: [XXXX]
In the matter between:
[Applicant Name], Applicant (Alienated Parent)
And
[Respondent Name], Respondent (Alleged Alienating Parent)
AFFIDAVIT OF [Applicant Name]
I, the undersigned, [Name], do hereby make oath and state:
- I am the biological [father/mother] of the minor child(ren), [Names], born on [Dates].
- I bring this application in terms of Section 6(4)(b), Section 7, Section 9 and Section 33 of the Children’s Act 38 of 2005.
- The Respondent has, over a sustained period, engaged in conduct consistent with Parental Alienation Syndrome, including:
- False allegations of abuse and domestic violence;
- Interference with contact, despite valid parenting orders;
- Emotional manipulation and coercion of the child;
- Vexatious and frivolous litigation to obstruct my parental rights.
- I refer to the proposed international definition of Parental Alienation Syndrome and relevant South African laws including:
- The Constitution of South Africa, Section 28;
- The Children’s Act, Sections 6–61;
- Domestic Violence Act 116 of 1998;
- Maintenance Act 99 of 1998;
- PEPUDA, Sections 1 and 6.
Relief Sought:
- An order recognising the alienating conduct;
- Immediate restoration of contact under supervision;
- Referral to reunification therapy;
- Costs order against the Respondent.
Deponent: _________________________
Signed at [City] on [Date]
Certainly. Below is a 700-word formal conclusion written in British Business English, suitable for inclusion in your policy, white paper, or legal advocacy submission. It demands the international legal and psychological recognition of Parental Alienation Syndrome (PAS), outlines a comprehensive definition, and recommends accountability for alienators and their enablers, along with the restoration of the parent-child bond.
Conclusion: The Urgent Need for the Legal and Psychological Recognition of Parental Alienation Syndrome (PAS)
The failure of the global and local South African legal and psychological communities BLATANTLY REFUSING to formally define and recognise Parental Alienation Syndrome (PAS) has resulted in profound and preventable harm to children, alienated parents, and the very fabric of the family unit. In South Africa and across the world, courts and mental health professionals remain without a coherent, enforceable framework for diagnosing, preventing, and remedying parental alienation. This legal and clinical vacuum perpetuates impunity for the alienating parent, incentivises vexatious litigation and false allegations, and allows a pattern of systemic abuse to be normalised under the guise of “protecting the child’s best interests.”
We therefore demand, as a matter of urgent legal, psychological, and ethical priority, that Parental Alienation Syndrome be formally defined and recognised by both international legal frameworks and the psychological and psychiatric disciplines, including but not limited to the World Health Organization (WHO), the American Psychiatric Association (APA), and the International Classification of Diseases (ICD-11). The absence of a universally adopted definition prevents uniformity in diagnosis and adjudication, which in turn obstructs justice for victims and fails to deter perpetrators.
Defining Parental Alienation Syndrome
Parental Alienation Syndrome should be defined as:
“A deliberate and sustained pattern of psychological manipulation by one parent (the alienator), often supported by external enablers, with the specific intent to damage, sever, or irreparably undermine the natural bond and emotional relationship between the child and the other parent (the targeted or alienated parent), in the absence of any substantiated evidence of abuse, neglect, or unfitness on the part of the targeted parent.”
This definition must be adopted in legal codes and clinical manuals alike, permitting trained legal professionals, family advocates, and mental health experts to accurately identify, measure, and intervene in such cases. The psychological behaviours associated with PAS include, but are not limited to:
- Inducing fear or guilt in the child for showing affection to the alienated parent;
- Fabricating or exaggerating allegations of abuse;
- Withholding or obstructing contact, communication, or visitation;
- Using legal instruments (such as protection orders or maintenance claims) vexatiously;
- Encouraging the child to refer to the alienated parent by first name or derogatory terms;
- Coaching the child to reject or disparage the alienated parent without just cause.
Legal and Professional Accountability for Alienators and Enablers
Wherever parental alienation is found to exist, the law must recognise it as a form of psychological abuse, and the alienating parent—along with any co-conspirators, including legal representatives, psychologists, social workers, and family members who knowingly facilitate or validate the alienation—must be held legally accountable.
Legal provisions should include:
- Immediate court intervention to halt alienating behaviours;
- Mandatory forensic psychological evaluations;
- Contempt proceedings and sanctions against any party who undermines parenting plans, court orders, or forensic recommendations;
- Professional consequences for psychologists and legal practitioners who knowingly enable or ignore alienation;
- Criminal prosecution where conduct amounts to perjury, abuse of legal process, or emotional child abuse under applicable law.
South African statutory instruments such as the Children’s Act 38 of 2005, the Constitution (Section 28), and the Domestic Violence Act 116 of 1998 provide sufficient constitutional and legislative grounding to incorporate these mechanisms.
The Right to Restoration: Rebuilding the Natural Relationship
Just as we demand accountability for those who perpetrate and enable parental alienation, we also insist on the child’s unqualified right to the restoration of the natural relationship with the alienated parent. Any judicial or therapeutic response that fails to prioritise reunification merely sustains the abuse in another form.
Courts, therapists, and social development officers must be empowered and required to:
- Mandate and monitor reunification therapy;
- Ensure parenting time is re-established and protected;
- Provide long-term psychological support to alienated children;
- Penalise ongoing sabotage of the restored relationship.
Reunification must be pursued not only as a matter of personal justice for the alienated parent, but as a constitutional imperative in the best interests of the child, whose right to both parents is inalienable in the absence of proven abuse or neglect.
Final Demand
In conclusion, we call upon the Department of Justice and Constitutional Development, the Department of Social Development, the Parliamentary Portfolio Committees, and all relevant international bodies to urgently adopt a clear, binding, and enforceable definition of Parental Alienation Syndrome. This definition must be grounded in both legal enforceability and clinical rigour, ensuring the proactive prevention of alienation, the punishment of its perpetrators, and the healing of its victims.
Only then can we say, with integrity, that the legal and mental health systems truly uphold the best interests of the child and the right of every parent to love, nurture, and raise their children without unlawful intent
LET US BE ABSOLUTELY CLEAR PARENTAL ALIENATORS ARE CHILD ABUSERS
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