Parental alienation is a pseudo-scientific concept often used when a child does not want to see their father: the mother is then accused of “alienating” the child by making them believe that the father is dangerous. In other words, the mother is considered to have brainwashed the child to exclude the father from their life.

Despite their weak empirical basis, parental alienation accusations have become pervasive in Canadian family cases. These accusations are almost systematically made by abusive fathers against their ex-partner.

In practice, this controversial theory is used to silence mothers and children who disclose family violence committed by the father. Instead of believing and protecting mothers and children, courts across the country are using the theory of parental alienation as a justification to ignore children’s wishes. As a result, they often separate kids from their mother and force them to live with their father, even when there is a documented history of family violence.

Our recommendation is evidence-based and supported by extensive research. This work led us to the conclusion that it is necessary to change the law to ensure that judges across Canada no longer use this concept, which ultimately harms victims of violence.

Our recommendation is in line with a report by the UN Special Rapporteur on Violence against Women and Girls, its Causes and Consequences. In a June 2023 report, the Special Rapporteur recommends that States “legislate to prohibit the use of parental alienation or related pseudo-concepts in family law cases”. NAWL had previously submitted a brief to the UN, which was subsequently cited in the report.