A GUIDE TO THE PARENTAL ALIENATION SYNDROME
by
Stan Hayward FNF Research Officer
What is it?
The Parental Alienation Syndrome (PAS) is the systematic denigration by
one parent by the other with the intent of alienating the child against
the other parent. The purpose of the alienation is usually to gain or
retain custody without the involvement of the father. The alienation
usually extends to the father's family and friends as well.
Dr. Richard Gardner in his book 'The Parental Alienation Syndrome'
states (P.74)
"Many of these children proudly state that their decision to reject
their fathers is their own. They deny any contribution from their
mothers. And the mothers often support this vehemently. In fact, the
mothers will often state that they want the child to visit with the
father and recognise the importance of such involvement, yet such a
mother's every act indicates otherwise. Such children appreciate that, by
stating the decision is their own, they assuage mothers guilt and
protect her from criticism. Such professions of independent thinking are
supported by the mother who will often praise these children for being
the kind of people who have minds of their own and are forthright
and brave enough to express overtly their opinions. Frequently, such
mothers will exhort their children to tell them the truth regarding
whether or not they really want to see their fathers. The child will
usually appreciate that "the truth" is the profession that they hate the
father and do not want to see him ever again. They thereby provide that
answer - couched as "the truth" - which will protect them from their
mother's anger if they were to state what they really wanted to do,
which is to see their fathers. It is important for the reader to
appreciate that after a period of programming the child may not know
what is the truth any more and come to actually believe that the father
deserves the vilification being directed against him. The end point of
the brainwashing process has then been achieved.
HOW COMMON IS IT?
Nearly every FNF member will have
some experience of it. We have cases
where children as young as two years old 'claim' not to want to see their
father again, and cases where all children of one family will all decide
that they do not wish to see their father again. It comes up to some
degree in virtually every case where the father is attempting to get or
extend contact, and most appeals will include aspect of PAS being
a factor in the stopping or disruption of access.
WHY IS IT SO COMMON?
It is a very effective legal device for getting custody. There are two
reasons for this. First the Children Act of 1989 took more consideration
of 'the child's wishes', and secondly the Child Support Agency separated
the issues of court orders for maintenance and contact. A mother who
stops or disrupts contact 'defined by a court order' is in contempt of
court, and may be fined or jailed. There are no cases of this actually
happening because the courts will state "it is of no benefit to the
child for the mother to be punished", but it does mean she may be
repeatedly brought back to court for being obstructive. To overcome this
she will state "The child does not wish to see the father".
A Court Welfare Officer will then interview the child and report that
the child has confirmed that it does not wish to see the father. The
'child's wishes' will then be taken into consideration and the court
will stop the fathers contact. The mother will be in the clear, the CWO
will have reported the matter accurately, and the court will respond
accordingly. The father will have lost contact, probably for several
years until the child is old enough to become independent of the mother.
In the majority of cases the child will then return to the father.
Interviews with adults who have been through this experience as children
make the common statement that 'they did not know how to cope with the
situation, so avoided the father rather than hated him'.
WHY DON'T CWO'S RECOGNISE THE SITUATION?
They do, but a NAPO (National Association of Probation Offers)
spokeswoman stated "NAPO has no policy on PAS" meaning that though
recognised, there is no clear cut action to be taken. If the CWO
recommends Family Therapy it is expensive and time consuming. CWO do not
have the time, the experience, or resources to do what needs to be done.
They should interview the child out of the vicinity of both parents, and
better, in the company of each parent separately. Though they are
authorised to do this, they rarely choose to do so. A common complaint
of FNF members is that the
CWO's interviews are not carried out with the
intent of getting the facts, but merely to go through the motions. Most
Court reports will be drawn up with the intent of getting the result the
CWO chooses rather than as information for the court to decide upon.
IS IT OFFICIALLY RECOGNISED?
There are two distinct aspects of PAS; medical and legal. Medically PAS
is a form of emotional child abuse. Parents in hostile separations
typically suffer depression, anger, and aggression. The expression of
these feelings takes on the form of withdrawing love and communication.
This extends to the children via the custodial parent. As a medical
problem it is closely related to 'False allegations of sexual abuse'
used to stop the father having contact; and to the 'Stockholm syndrome'
which describes the children as 'hostages' afraid of the mother, and
obeying her as a means of survival. There are also aspects of 'False
memory syndrome' whereby the child may be instilled with false memories
of the father.
Legally PAS is recognised as a behaviour pattern but often goes under
other names such as 'Coaching, Prejudicing, Rehearsing' and synonyms of
brainwashing. Although recognised by the courts it is rarely acted upon
because as a form of emotional abuse it is very difficult to define, and
would require bringing in Social Services. The other forms of child
abuse are Physical, Sexual, and Neglect, and are easily identified by
expert witnesses. Emotional abuse can only be registered as part of
these. Some courts will act upon it, but do so by simply ignoring the
mothers claims of 'the childs wishes' and indicate that she is being
obstructive. The more enlightened courts will order family therapy, and
ensure that visitation rights are kept. Anyone claiming PAS should
always look for Family therapy as a way forward.
Although PAS is currently recognised, but not acted upon, it is actually a
crime to 'incite hatred on the basis of colour, religion, or creed' .
Also the government is considering making 'Stalking' a crime on the
basis of 'emotional abuse'. In the USA one father had maintenance
suspended on the grounds that his daughter 'hated' him even though he
had made every reasonable effort to form a relationship with her. Such
an approach by the courts here would prevent PAS being used as a
loophole in the law.
OFFICIAL COMMENTS ON PAS
A spokeswoman for the Home Office 'Probation Service Division states:
"Both the Home Office and the court welfare service are also aware of
the fact that parents may seek to manipulate their children and
encourage them to make statements designed to lessen the chances of the
absent parent being granted contact with the child. Where an officer
suspects that such coaching or manipulation has taken place, he or she
will take this into account when preparing the welfare report and ensure
that it is brought to the courts attention".
A spokesman for the Dept. of Health said:
"The potential for alienation by feuding parents is a commonly
recognised problem"
A spokeswoman for the Inst. of Family Therapy said:
"With one parent gone, their fear is that they will be abandoned by the
other, so they
say whatever the present parent wishes to hear", and "When children
under twelve are
forced to choose, they tend to align with the parent they are living
with".
A leading Child Psychiatrist states:
"...a child states that they do not wish to see the non-custodial parent
happens far too frequently as a result of the bitterness between
partners after the breakdown of their relationship".
WHAT IS THE BEST LEGAL APPROACH TO PAS?
If you are getting a solicitor there are now solicitors who specialise
in this field. Find one that works in this field rather than one who
simply claims to know about it. Get advice from FNF
on this.
Magistrates courts tend to be dominated by lady magistrates. Experience
has shown that they are less sympathetic to the fathers case than judges
in the higher courts. If possible, avoid a magistrates court and go for
a county court.
You can refuse to have a CWO who you feel is not reporting your case
correctly or not dealing with essential facts. Don't assume they will
ask you the right questions. Write down the questions you would like
them to ask, and prepare the answers. When you meet up with the CWO then
have that information ready for them. If it is not included in your
court report then question it. Also make sure you know the date when you
can expect to receive the report, as some CWO's don't bother telling
you. It is essential that you question ALL ERRORS AND OMISSIONS AT THE
EARLIEST POSSIBLE TIME.
Notify the CWO of these before your case, and notify the court of the
reply (or lack of one). Have a listing of the errors and omissions
available at the court.
Some CWO's will accept and report PAS. You should keep a diary and
copies of all communications between yourself, the mother of your
children, and your children as evidence. Recognised evidence is
typically:
a) The mother obstructs all attempts for you to communicate with
her or the children in spite of saying 'she is not stopping the children
seeing you'.
b) The children will suddenly start making excuses for you not seeing
them. They may say they do not want gifts from you. Gifts sent will not be
acknowledged, or they may even be returned - signed by the child.
c) Though the child supposedly doesn't want to see you, it will
also suddenly stop seeing anyone connected to you. This will include
close relatives, friends, etc. They will even stop talking to your
neighbours and anyone who might be in direct contact with you.
The mother will also stop contacting anyone connected to you in
spite of outwardly claiming not to be involved in the childs attitudes.
All such instances should be recorded as it is an indicator that
the child is frightened rather than hateful.
d) The mother will pursue the strategy of obstructiveness by going
to the school, clubs, and places where your children regularly visit,
and state to the authorities that you are not to contact your children
there.
e) You will find that others close to the mother will not
communicate with you.
In all, the mothers strategy will be to totally isolate you from the
children by gradually breaking every line of contact you might have with
her or the children.
WHAT CAN YOU DO?
Your strategy has to be the opposite, and to create every possible line
of contact with your children, the mother, and anyone connected with them.
There are no rules as everyone's case is unique, but there are many
common sense actions you can take.
1. Work on the assumption that your child might turn up tomorrow.
Ideally they will find you happy and leading a full life. They will want
to see you as the father they knew. They will not want to be reminded of
the past or of conflicts you have with the mother. Your first priority
is to make sure you are not destroyed or undermined by the situation.
2. You will go through a period of grieving for your child. It will
be similar to someone who has lost a child through death. It will occupy
all your waking moments and dreams. This will last until you can 'let
go' of your child. You can best do this by keeping yourself as fully
occupied as possible. If you have contact with other children such as
relatives, or can be involved in childrens activities, this helps.
Retain and develop your fathering skills.
3. Openly discuss the problem with anyone who will talk to you
about it. You may be surprised to find how many other people have
similar problems and have learned to cope. It will relieve the inner
tension. Don't brood on it. Regard it in the way of men separated from
their families during the war. Think positively.
4. Try to play an active part in FNF.
The worst feeling is of
helplessness. Doing something, anything, gives a feeling that you have
some control over the situation.
5. Make yourself knowledgeable about the situation. Collect
articles, letters, etc. that deal with this problem. What initially is
seen as a confused situation will soon be seen as a predictable pattern
that helps you to assess your own situation. Having a plan gives you
direction.
6. In spite of some women being the perpetrators of this problem,
most women will be very sympathetic and supportive of your case. They
will often be able to give you a good idea of why the mother of your
child acts as she does. It is a great help to have women friends to
discuss this with.
7. Try to form contacts with other FNF
members. Don't just come to
a few meetings or assume that there are clear cut answers. We find that
each case has some new insight. It is only by becoming aware of new
attitudes in the courts, government, etc. that we can look at new
directions. Your case is important to us all. Make sure it is known,
discussed, and reported. Your comments are valuable. Write to papers,
write to your MP, write to FNF.
WHY DOES THE MOTHER WANT TO GET RID OF THE FATHER?
There is no clear cut answer to this. In some cases it is done with
intent by the mother to get rid of the father, while in other case the
situation just gets out of hand and drifts to the point where PAS just
becomes one more step in the wrong direction. A survey of FNF members
showed the following variety of reasons. In many cases there will be
several different reasons combined.
There are many reasons why a mother should want the children to hate the
father.
Some of these are listed below.
1. The mother wants to start a new life and wants the father out of
the way. She may be more successful than he is. He is seen as an
encumbrance.
2. The mother wants money/property from the father and uses
the children as bargaining pawns.
3. The mother hates the father and uses the children as weapons.
4. The mother is possessive and wants all the childrens love.
5. The mother is jealous of the love/gifts the father gives the
child but not to her.
6. The mother cannot cope with her own life. Contact with the
father in any form is difficult for her. It is a common statement by
fathers that the mother suffers from depression. Sometimes PMT, when
rows are likely to flare up over minor incidents, and lead to greater
hostility.
7. Disappointment. She feels he is unworthy to be a father and
doesn't deserve the children.
8. The mother is egged on by other women hostile to men. Typically
if she is in a group of single mothers.
9. The mother uses access to control the children (if you don't
behave then you can't see daddy).
10. The mother can't compete with the father who may be able to give
the children more treats in the short time he sees them. The children
may boost him at her expense, and typically demand more from her.
11. The children may be the only aspect of control the mother has,
so uses it to boost her own esteem rather than for the interests of the
children. This is the power motive more commonly seen in men.
12. The mother may still like the father and uses the children as a
means of controlling him.
13. The mother may be punishing the fathers new partner indirectly
as the father may know that he could see the children if it wasn't for
the new partner.
14. The mother may be independent and never wanted a man around
anyway apart from fathering her children (entrapment). Or she may have
gained independence during the marriage and now wants to exploit it.
15. As often quoted, the mother may see children as a way of getting
a house, welfare money, and other benefits. The father was always
incidental in the matter.
16. Some women actually believe that men are not interested in their
children.
17. The mother assumes hostility by the father towards her is also
towards the children, so 'protects' them by keeping him away.
18. The mother has a different lifestyle to the father, and does not
want the children to copy his way of life.
19. The mother may have no family of her own (typically foreign
wives), whereas the father may have a family. The mother regards the
child as 'her family'.
20. The mother may become emotionally dependent upon the child, and
regard any affections the child has for the father as depriving her.
21. The mother simply regards the child as her property, and sees
the father as making a claim on her 'possessions'.
22. The mother dislikes the fathers new partner, who she sees as a
rival 'mother', so prevents the child seeing the father.
23. The mother's new partner is the one who is preventing contact
because he wishes to be seen as the 'daddy'.
24. She fears the children will leave her for him.
25. She wants to prove to her new partner that he is the only man in
her life.
26. She may have come from a broken family, and not be able to
sustain a relationship.
27. The father is a constant reminder of the failed relationship
that she prefers to forget.
28. She may be starting a new involvement, or having difficulties
with the existing one, and doesn't want the children to tell the father
about her affairs.
THE IMPORTANCE OF KNOWING WHY THE MOTHER DOES IT.
If you know why the mother behaves as she does then you are in a much
better position to deal with the situation. A mother who has another
partner will want the father out of her life for the simple reason that
it makes her life complicated to have him around. The childs needs are
secondary. On the other hand a mother who lives in a house owned by the
father and relies on his goodwill for extras over and above maintenance,
might be alienating the children as a means of getting the property or
getting more money. In such a case the situation might be open to
negotiation.
WHAT ARE THE FACTORS TO CONSIDER?
As the main aim of the mother is to stop all contact, while the main aim
of the father is to gain all contact there are a number of factors that
can be assessed to give the father an idea of his chances.
1. The age of the children. The older the better.
2. The locality of the children. The nearer the better.
3. The number of children. The more the better.
4. The independence of the mother. The less the better.
5. The friends and relatives of the mother and father. The more the
better.
6. The resources of the father. The more the better.
7. The mobility and availability of the father. The greater the
better.
It is a mistake of many fathers to assume that the matter is in the
hands of the court, and decisions made there are the essential ones. The
reality is that the courts decisions are only one aspect of the
situation. The mother has her own life to live, and she will have the
same problems as most people, probably more, so she will not want to add
to those by devoting her life to being obstructive. She will only do it
so long as she can get away with it without too much effort. The
children also have their own lives to live and they will not want to
give up the father just to please the mother. They may obey or reflect
her wishes, but only so long as they have no choice. Experience has
shown that in most cases where the father has kept in contact with his
children he will see them again. The fathers own situation will change.
What seems to be an insurmountable problem today may seem solvable in a
years time.
HAVING A PLAN IS IMPORTANT.
When a father first realises he is going to lose contact with his
children his feelings go from disbelief, through despair, anger,
depression, confusion, and a total sense of injustice. It is based on
the assumption that 'everyone' knows how important it is for children to
have the support of their father, and that he obviously loves them, and
they love him. Such notions are unfortunately naive. The law is itself
very confused. A court that refuses to send a single-mother to jail for
stopping contact will send that same mother to jail for refusing to pay
a parking ticket or her TV licence. Such inconsistences will be found
throughout the law, and even when the law is clear, experience shows
that its interpretation and application is more suited to the beliefs of
the judiciary than the children.
Having a plan means looking at the situation logically rather than
emotionally. You have to write out all the advantages and disadvantages
of yourself, the mother, and the child.
YOUR ADVANTAGES:
a) You are highly motivated, and where there's a will there's a
way.
b) You will be in the company of many other fathers who can offer
advice and support.
c) There is a growing recognition by the courts and society
generally of the importance of the fathers role.
d) The situation is changing to your advantage as the children grow
up as in almost every case known the child wishes to have contact with
the father.
YOUR DISADVANTAGES:
a) You will miss out on the childhood years of your child.
b) Other aspects of your life will suffer in many ways due to your
distress.
c) You will be unable to plan for the future in any way that will
include your child.
d) Much of your time, money, and resources, will be spent on the
problem without much to show for it.
THE MOTHERS ADVANTAGES:
a) She has the children and the law backing her.
b) She is probably able to get legal aid and other forms of
financial support.
c) She will be in contact with numerous other single-mothers who
will support her actions.
THE MOTHERS DISADVANTAGES:
a) The nature of PAS is itself the behaviour of someone who is
distressed, so she will not be a happy person.
b) She will know that the children will be mixing with other
children who have fathers, and that her children will be aware of this.
c) She will not be able to offer the experiences and support of a
father. The children will have a higher than normal chance of suffering
educationally, emotionally, and socially. She will have to compensate
for this in some way at the expense of her own life.
d) She will know that when the children reach an age of
independence they will almost certainly try to contact the father, and
she may even lose them altogether.
THE CHILDRENS ADVANTAGES:
a) There are no advantages for a child to have its parents
separated, or if separated, not to have free access to both, but
children get older, and with time question the mothers behaviour.
b) The disadvantages are losing one half of its family and all the
support and experiences that represents. A higher than average chance of
suffering from many social problems, which may include repeating the
cycle over again.
OUTLINING A PLAN.
1. The first stage is looking for direct contact with the mother
and child. Can you meet, write, or phone. If you can, then each instance
should include some aspect of continuity. Give your child stamped
addressed postcards to send before your next meeting. If the child is
old enough give them a SPARC phone card
so your child can phone you from anywhere in the world. If the
mother allows it, pay for comics and magazines to be sent to your child
so that they are reminded of you regularly. Give your child a couple of
phone numbers of people they trust who they can contact if they want to
speak to someone.
2. If you are not allowed to contact your child, ask friends and
relatives to do so on your behalf. Get them to send invites and gifts
(even if you have to pay for them). If the mothers friends and relatives
are still in contact with you, see if they will give you news of the
situation. Try to retain good relations with them.
3. Apart from friends and relatives, the mother and child will have
contacts at school, clubs, playgroups, and various local places where
the mother and child go.
There will be people who make contact with the mother and child and may
be able to give you information about them. Remember, the mothers
strategy is to block off all information to you. If you are aware that
your child plays in the local football team on Saturdays at the park
then this will give you some satisfaction from both seeing your
child and not being controlled by the mother.
4. Can you participate in your childs activities? If you are not
actually banned from seeing your child, or from seeing only on certain
occasions, then you might be able to be a school or club helper. In
spite of some mothers choosing to interpret 'defined contact' as the
maximum, in fact it is the minimum. You would not be breaking a
contact order if you went to a school play or sports event on days
outside of your contact providing you went for the event and not to have
a one-to-one contact with your child. The same applies if you were a
helper in your childs school.
5. You can create situations that help you without meeting anyone
directly connected to your child. Participating in local events will
often enable you to get seen and known by people who know the mother and
child. If you can involve yourself in activities that get the attention
of your child, or children who know your child then the chances are that
it will get back to them. School and club outings, Council sponsored
events, charity shows, library exhibitions, and the like are all places
that require helpers. Being helpful and seen can pay off in unexpected
ways.
6. You can also get known by having letters published in local
papers and forming groups of other fathers locally. If the mother knows
you are presenting your case in a public way (without crossing legal
constraints) then she will know it reflects on her.
What she wants is for you to disappear. If you have a high profile in
the community then obviously you are not going to disappear, and she
knows that it is a problem best resolved by acting with more regard for
the child.
7. Chance is a factor. It is quite common for FNF members to meet
their children by chance in local places. You can increase the chances
by being in the right place at the right time. It is not a good idea to
pursue this line, but simply be aware of it.
8. Ultimately the answer is for better laws and a more enlightened
court system. That will not come easily, but if it is to come at all
then it needs every little help it can get. Most fathers finding
themselves in this situation quickly learn that the 'legal path'
doesn't lead anywhere most of the time. Some members have spent huge
sums of money on legal fees without getting results. Just imagine that
money being directed to advertising our case in papers, magazines, and
letters to authorities. The results would be more significant. In spite
of this it is easier to get most fathers to spend several thousand
pounds on solicitors fees than to get them to write to their MP and
complain.
One of the best boosts you will get is knowing that someone in authority
has read your letter and given it consideration. You can learn to write
letters by reading what others have written. Even if your letter does
not get published, the paper you write to will publish similar letters
because it knows the subject is controversial.
SUMMARY.
Overall your plan is to do something. If you can do something that
directly contacts your child then do that. If you can do something that
indirectly contacts your child then do that. If you can do something
that keeps up your fathering skills do that. If you can do something
that promotes our cause generally, then do that. If you can do none of
these, then at least keep yourself busy so that you do not get depressed
or in a state that leaves you open to the criticism of not being a
capable father even if given the chance.
BEHAVIOUR PATTERNS OF THE MOTHER.
The most common pattern of the mother is to show that 'she is in
control'. She will do that in a variety of ways ranging from ignoring
you to humiliating you. Paradoxically she is able to do it on the basis
that you love your child so much you will put up with it. If you didn't
love your child you would walk away, she assumes you will not, so will
push her control as far as she can. Here are common examples. In most
cases the mothers do not take the children away with any clear cut strategy in
mind, it is usually an extension of normal hostile reactions going
through the sequence of :
(1) Arguing
(2) Hostile silence
(3) Restricted communication
(4) No communication
(5) Hostile action.
1. To insist that you come and go exactly at the times she
stipulates. If you are late or early she will make you suffer for it in
some way.
2. She will insist that you detail where you take the child and
under what conditions. She will not inform you of anything she does
with the child.
3. She will make changes to arrangements you have with the child
but not give you these changes until the last minute. If you complain
you will lose the contact time. If you have to change arrangements she will simple refuse
to accept the changes and you will lose contact time.
4. She will deliberately offer the child alternative events on your
days and then say the child has chosen the alternative event. She will
make you choose to insist on your contact time or allow the child to do
the other thing so that you will appear mean to stop the child.
5. She will duplicate gifts you give the child to undermine the
value the child puts on it.
6. She will hide, break, or deliberately be careless with things
you give your child.
7. She will deliberately misinterpret anything you do or say to the
point where you will think twice about doing or saying anything.
8. She may ask for extra money for the child, and present the
request in such a way that it obviously implies you will lose out on
contact if you don't make the offer.
9. She will write to inform you of changes in contact times but
post the letter so that it cannot possibly reach you in time.
10. She will not keep you informed of the childs well being,
education reports, activities or anything that you might expect as a
parent.
11. If you do anything to help the child the mother may thank you
in a way she might thank a stranger doing a favour.
12. Should you buy the child clothes she will criticise your taste
or understanding of the childs needs.
13. She will criticise your home, friends, and life style. She will
use any of these as an excuse to stop contact.
14. She will tell the child that the court 'doesn't allow it to see
the father more than on the court order' when in fact the court order
only states the minimum contact time.
15. She will allow the child to miss homework during the week so
that it has to be done in your contact time, so vying with anything else
you will have arranged.
16. She will interpret your contact time as being the total amount of
time available for all purposes. If your parents want to see their
grandchild it will have to come out of your contact time.
17. If she sees you in the street when she is with the child she
will ignore you and force the child to do the same.
18. If you participate in school/club events and see your child
there she will tell your that you are not allowed to do it. She may
well contact the school and inform them (incorrectly) that the court has
banned you from such events.
19. If you have a new partner she will insist that the new partner
is not involved in contact times as it distresses the child.
20. If you send your child gifts on special occasions they will get
'overlooked' on the day.
21. If you phone your child and she takes the phone she will say the
child is busy or out. If the child takes the phone she will listen in or
interrupt the child.
22. She will constantly remind you of your shortcomings as a father
in front of the child. Any replies to this will be regarded as 'rowing
in front of the children'.
In all, the mother will look for any way of undermining your position in
the knowledge that if you retaliate in kind she can stop contact and use
your retaliation as evidence of your attitude towards her (not the
child). It will be her intent to use such provocative
behaviour to push you past your limits and act in a way that can be
quoted against you.
KEEP A RECORD OF THESE INSTANCES. If she has a solicitor you might send
it to him/her and ask for the mother to be reminded that such behaviour
is disturbing to the child as well as provoking unnecessary rows. You
may have to arrange to meet up in a neutral territory so that the mother
has less chance of doing these things.
FNF gets hundreds of cases of PAS. The most common being a foreign wives
or women with a history of emotional illness. In most cases the mother
needs help. It seems that only a small percentage of mothers who indulge
in PAS are normal, stable, and independent. These would more typically
be professional women who have another partner and exploit loopholes in
the law to get rid of the father. FNF also gets many letters from grandparents who lose their
grandchildren, and second wives who suffer (often intentionally) from
the mothers behaviour towards the father in using the children as
weapons.
The reason fathers suffer is that most studies of broken families are
carried out by women for women. This is not to say they are carried out
against fathers but simply the fathers side has not been given full
consideration. It is only now that this is happening, and is more the
outcome of the Child Support Agency investigations than a study of
fatherhood in itself. It is for this reason that FNF has to rely upon
our members own experiences to get the information needed for progress
to be made.
SUMMARY
1. Fathers who can stay in contact with their children somehow or
other will almost certainly gain regular access to them again.
2. Fathers who can retain some form of communication with the
mother will probably regain access.
3. Fathers who have some form of network, family, neighbours,
friends, etc.,who can keep in contact with the child or mother will
probably regain access.
4. Fathers who rely on the court system to help them will certainly
be disappointed.
This may seem an extreme action, but look at who is actually involved in
your case.
1. Your solicitor. He will certainly have your best interests at
heart, but it is still work for him whether he wins or loses.
2. The Court Welfare Officer. She will doing at least one case a
week. At most she will only have about three hours to discuss your case,
and probably two days to write it up. It is likely that her decision
will be made on her personal reaction to those involved rather than on
the evidence. Court reports are notorious for being full of mistakes,
misinterpretations, and omissions. Also, even though CWO may be well-
intended, sympathetic, and knowledgeable, in the end they carry no
weight in court. The report may be completely ignored by the court. This
hardly motivates the CWO to produce much more than an outline of the
case. Apart from this, most CWO's take on the job as a second career.
Many have very little experience or training in the area of child
welfare. If they are women, then it is likely they have more experience
at being mothers than being court officers. This is often reflected in
their assessments. It is a very common experience for fathers to have
the CWO tell him how well he can cope with his children, only to find
the court report stating the very opposite.
A good CWO is probably your best friend. If they like you, and
believe you have a good case they will give you better unbiased advice
than anyone else. It is a pity that they have little power to help in a
more practical way.
3. The Magistrate. Family law magistrates are predominantly women,
and likely to be mothers. Though well intended, they may well feel that
what is good for the mother is good for the child. This is not malice
on the part of the magistrates. A typical magistrate may well have
been a legal secretary for thirty years prior to becoming a magistrate.
They have a background in legal technicalities, but not years of
training that allow the broad interpretations of the law to be applied.
Many apply the law in the sense that a traffic warden applies the
Highway code. In all, you are better off if you can avoid having your
case tried in a Magistrates court.
4. The Judge. At County Court level you will get a mixture of
Judges. The worst are those who feel it is beneath them to deal with the
'litigant in person'. It is well known that some Judges will always turn
down a father who presents his own case. Others are simply out of touch
with what is going on, or use the court for their own performance.
Because the court is what it is, one cannot act and say as one would in
other circumstances, but a just look through a book of aphorisms
relating to Law and Judges will show that they haven't changed all that
much over the ages.Of course, a good Judge is one who can help. But as
the above letters show, the Judges insistence that a mother obeys the
court order is no guarantee that she will.
5. The Mother's solicitor. He/she is your worst enemy. It is to his
benefit if he can 'win' - by which we mean take your children away from
you, or at least keep the matter going for years. The mothers solicitor
represents the mother, not the child.
6. The Child Psychiatrist. These generally agree the problem is
between the parents and not the father and child. Most will advise
mediation. Most mothers refuse. Most Judges will not insist on counselling between the parents,
though in the USA this is now a common approach and a successful one.
Most child Psychiatrists and Psychologists agree that the courts are a
waste of time in resolving family problems.
IS THERE HOPE?
'Parental Alienation' is emotional child abuse. The Health department
has no clear definition of what 'emotional abuse' is. This means that a
'emotional child abuse' is rarely - if ever - acted upon. It is only
acted upon as an extension of Neglect, Physical, or Sexual Abuse when
investigated by Social Services.
For the courts to accept 'emotional abuse' as evidence would require
calling in Social Services. That is expensive and time consuming, so
courts avoid it if possible, in spite of the evidence.
Also, the standard answer from the Lord Chancellor's department is that
'It would not be in the child's best interests if the mother was sent to
jail for disobeying a court order'. This of course, implies that it is
in the child's best interest to lose it's father forever.
In spite of that, the Criminal court will, and have sent several single-
parent mothers to jail for leaving their children at home alone. They do
so on the basis of the child being 'emotionally abused', but in terms of
neglect.
IF YOU CANNOT GO TO THE COURTS, WHAT DO YOU DO?
In practice you cannot avoid the courts totally, but they should be used
as a last resort.
If you consider your situation in terms of war then there are three
possible outcomes:
1. One side wins.
2. Neither side wins or can win, but they stay in a state of
hostility and fight a war of attrition.
3. Peace is negotiated.
The problem here is that if the mother has been given custody she has no
reason to negotiate. But there are two cases where she might.
a. If she wants something from you.
It is obvious if she wants money, property, etc. This is common enough,
but she may want something that is not obvious, and she is not prepared
to tell you. It could be a change in attitude towards her. The above
list of 'Why mothers want to get rid of the father' will offer some
clues on this.
b. If it becomes too much of a problem.
This is where the courts can be useful. The nature of the system means
that everything takes longer than it should. It will generally be
inefficient - losing papers, adjourning hearings, sending the wrong
forms, etc. This overall bumbling can be put to good use. If you have
already lost your children, and effectively have nothing more to lose,
then you can continually make new applications, query everything that
comes along, send letters to her solicitor, demand ongoing information,
etc. By keeping the issue going the mother will realise that you are not
going to abandon your children. She may well feel that it is not worth
the trouble, and eventually ease up on restrictions. Also remember that
her life is not plain sailing. She will have problems. She or the
children might be ill, and you are the only person around who can help.
If you make it clear in all you correspondence that you are open to
putting the past in the past then chance may well favour you.
THE LAST WORD
Tens of thousands of fathers lose their children every year. Those
(most) that want to keep up meaningful relationships with their children
fight an uphill battle due to inbuilt bias in the legal system, lethargy
by Family support systems, confusion and ill-defined policies by
government authorities.
This is offset by the fact that the media is increasingly highlighting
the problems of broken families. The social problems that spin-off from
broken families results in cost to the government, and indirectly,
concern to solve those problems. Fatherless families are now a political problem as well. Most of all,
the increasing use of communications among FNF members, and allying
ourselves with similar groups of both fathers and mothers separated from
their children is now paying off. The recognition of PAS officially
would in itself effectively block a major loophole in the law, with the
subsequent benefits for children. This is the aim of FNF.