Changes in the Parental Alienation Syndrome (PAS) Approach by the
Ludwig.F. Lowenstein Ph.D
Southern England Psychological Services
Referral to publication
Parental Alienation Syndrome (PAS) like many imports from across
the Atlantic has come into the news and is being recognised increasingly
in Great Britain. Attention has been drawn by Barristers such as
Willbourne and Cull (1997) and by Lowenstein (1998 a,b; 1999 a,b,c,d).
There has even been a political party developed by Coe: The Equal
Parenting Party. Another organisation that has become involved is
the Association for Shared Parenting. Rand, (1997) produced her
series of articles, The Spectrum of Parental Alienation Syndrome,
published in the American Journal of Forensic Psychology. In Britain
the voice of parental alienation syndrome has been less vocal but
one particular article appearing in the Sunday Times, May 22, 2000,
entitled “Children with Fathers in Family Have Head Start
in Life” points to the importance of both parents playing
a role in the rearing of children.
There have recently been some remarkable cases that have highlighted
the importance of judging parental alienation in the Courts. Judges
are becoming bolder in insisting that all things being equal, both
parents have the right to contact with their children. The exceptions
are of course, when one or both parents have proclivities towards
violence or paedophilia, to name but a few negative features which
must be considered.
The case of Cox v Cox (1990) in Family Law, was one of the first
to prove the sentencing and imprisonment of parents who refused
access to fathers for contact with the child. This was done by a
highly courageous Judge, who truly believed in ‘justice for
all’, even though there was considerable embarrassment in
having to put a mother into prison. This was despite the likelihood
of also being castigated by the press by sending the mother into
a prison cell. What is often not mentioned are the efforts made
beforehand to gain the assent of the obdurate parent for such contact
before such an action is taken and by threatening less stringent
means than imprisonment. In most cases of lack of co-operation of
a parent regarding contact rights, it is the mothers refusing fathers.
Sometimes, following and acrimonious separation or divorce, the
alienating parent, who is usually the mother, will claim there to
be serious causes for concern about the father, such as being excessively
punative, permissive, being a substance abuser, and even being a
paedophile. In most cases such allegations are unfounded.
In cases such as this fathers are often considered guilty by allegation
alone and need to prove their innocence rather than the alienator
having to prove the guiltiness of the alienated father! It appears
therefore, in cases of PAS, justice often seems to stand on its
head, rather than the head being used to achieve justice and equality
Judges are naturally averse to imprisoning mothers for failing
to honour the contact arrangements with fathers. This is because
mothers usually are responsible for the day to day care of the children.
As already mentioned Judges are not unaware also of the adverse
publicity which follows imprisoning a mother in cases such as this
There are alternatives however, that could have been used but
they often fail to achieve what is desired with the alienating parent,
that is, to comply with offers of mediation such as recommended
by one psychologist (Lowenstein, 1999 a,b,c,d) . By having the threat
of punishment, including the possibility of imprisonment hanging
over the head of an uncooperative parent, like the sword of Damacles,
there is a possiblity that such mothers can be brought to the “negotiating
table”. Mothers and fathers who alienate children, much as
anyone else, must stand before the law as either innocent or guilty
of such an offence. Failing to adhere to the judgement of a Court
must be considered as the breaking of the Law, with threatened punishment
Parents who thus fail to observe their legal responsibility to
co-operate, are likely to suffer from severe and often unfounded
hostility towards the other parent. Such hostility, can and often
does, reach pathological proportions. There are only two possible
In extreme cases imprisonment must be threatened, until the
parent is willing to co-operate with the law.
Accepting some form of mediation and treatment by a qualified
psychologist over a prescribed period, normally two weeks to
a month, in order to resolve the impasse.
Failure by the alienating parent to co-operate must lead to
punishment including imprisonment as a final alternative only.
It could also result in the alienated parent being given custody
of the children temporarily or permanently.
Most alienating parents would and should learn to co-operate under
such strictures and resolve the matter of parental alienation syndrome.
It is hoped that future legal procedures will find it easier to
deal with such cases and follow the couragous footsteps of earlier
pioneering Judges. These Judges were not deflected from doing the
just and right thing, despite the criticism from individuals and
the mass media.
- Coe, Tony. Equal parenting party. Headquarters: 30-40 Gloucester
Road, Kensington, London SW7 4QU
- Dobson, R. Children with father in family have a head start
in life. Article in the Sunday Times, May 21, 2000
- Lowenstein, L.F. (1998a) Parent alienation syndrome: A two
step approach toward a solution. Contemporary Family Therapy,
December 1998, Vol 20(4), pp 505-520.
- Lowenstein, L.F. (1998b) Parent alienation syndrome, Chapter
20. Book: Paedophilia, published by Able Publishers, 13 Station
Road, Nebworth, Hertfordshire, SG3 6AP.
- Lowenstein L.F. (1999a) Parent alienation syndrome (PAS). Justice
of the Peace, Vol 163 (3), January 16th 1999, pp 47-50.
- Lowenstein, L.F. (1999b) Parent alienation syndrome: What the
legal profession should know. Medico-Legal Journal, Vol 66 (4)
1999, pp 151-161.
- Lowenstein, L.F. (1999c) Mediation in the legal profession.
Justice of the Peace, Vol 163, 4 Sept. 1999, pp709-710.
- Lowenstein, L.F. (1999d) Parent alienation and the judiciary.
Medico-Legal Journal (1999), Vol 67, Part 3, pp121-123.
- Rand, Diedre C. The spectrum of parental alienation syndrome
(Part II). The American Journal of Forensic Psychology, Vol 15,
No 4, 1997, pp1-13.
- Willbourne, Caroline; Cull,, Leslie-Ann. The emerging problem
of parental alienation. Family Law, Dec 1997, pp 807-808.