THE DIVORCE ACT OF CANADA

Current Text: Section 2(1) does not currently define parental alienation. 

Inclusion of Parental Alienation in Definitions:

"Parental alienation" means any behaviour, whether intentional or unintentional, by a parent or step-parent that undermines, interferes with, or disrupts the child's relationship with the other parent or step-parent, including but not limited to:

• Denigration: Making derogatory comments or statements about the other parent to the child or in the presence of the child. 
• Impeding Parenting Time: Limiting or preventing contact between the child and the other parent without reasonable cause.  
• Psychological Manipulation: Influencing the child’s perceptions to create unwarranted fear, rejection, hostility, or disrespect toward the other parent.  
• Emotional Manipulation: Causing the child to feel guilty for showing affection towards the other parent or sharing positive experiences with them.
• Undermining Parental Authority: Questioning the authority or decision-making of the other parent in front of the child, thereby eroding the child’s respect and trust.
• Interference with Communication: Blocking or limiting the other parent's communication with the child, such as intercepting phone calls, texts, or emails. 
• Engaging in Subterfuge: Deceptive tactics used by one parent to subtly undermine the other parent's relationship with their child. This is the most effective method designed to manipulate the child's perceptions and feelings without obvious evidence of wrongdoing.  

Rationale: Establishing a clear definition within the Divorce Act ensures that all parties involved in family law cases understand the specific behaviours that constitute parental alienation.

Current Text: The court shall take into consideration only the best interests of the child of the marriage in making a parenting order or a contact order.

Proposed Amendment: 

• Subsection 16(1)(a): Explicitly state that considerations of the best interests of the child include assessing any evidence of parental alienation.

Current Text: When considering the factors referred to in subsection (3), the court shall give primary consideration to the child’s physical, emotional and psychological safety, security and well-being.

Proposed Amendment: 

• Subsection 16(2)(a): Add a clause stating that the child’s well-being includes freedom from psychological and emotional manipulation by either parent, specifically identifying behaviours that constitute parental alienation.

Current Text: Lists various factors (a-k) In determining the best interests of the child, the court shall consider all factors related to the circumstances of the child.

Proposed Amendments: 

• Amend Subsection 16(3)(e): "the child’s views and preferences, giving due weight to the child’s age and maturity, and considering any influence of parental alienation on these views, unless they cannot be ascertained."
• Addition to Subsection 16(3)(j)(iii): Include parental alienation explicitly, detailing actions such as the unjustified bad-mouthing of one parent by another, interference in communication, and manipulation of the child's perceptions and affections.

Rationale:

Fair Assessment: Parental alienation can distort a child's genuine feelings and opinions. Recognizing this in the law ensures that the court critically evaluates the origins of the child's sentiments, distinguishing between authentically held views and those shaped by one parent's undue influence.

Current Text: Outlines factors that the court should consider any family violence under paragraph (3)(j), the court shall take (a-h) into account:

Proposed Amendment:

• Addition to Subsection 16(4)(i): Add that in cases where parental alienation is alleged, the court should consider the psychological and emotional impact on the child, including any long-term effects on the child's mental health.

Current Text: In determining what is in the best interests of the child, the court shall not take into consideration the past conduct of any person unless the conduct is relevant to the exercise of their parenting time, decision-making responsibility or contact with the child under a contact order.
 

Proposed Amendment:

• Addition to Subsection 16(5)(a): Past conduct relevant to the determination includes any evidence of parental alienation, emphasizing that such behaviour is significant in assessing a parent's suitability for custody or contact.

In the ever-evolving landscape of family dynamics, the current provisions of Canada’s Divorce Act no longer sufficiently protect the emotional and psychological well-being of children caught in the throes of parental disputes. The rising awareness and understanding of parental alienation as a form of psychological abuse highlight a critical gap in our legal framework—a gap that can no longer be overlooked.  

• Protection of Children: Current laws do not address the subtle yet severe impact of parental alienation on children. By recognizing this form of manipulation as abuse, we can offer better protection and support to those who are most vulnerable.
• Legal Clarity: The absence of a definition and recognition of parental alienation within the Divorce Act leads to inconsistencies in legal proceedings and judgments. A formal amendment would provide the necessary legal clarity that aligns with the realities of divorce and custody issues.
• Promoting True Best Interests of the Child: Including considerations for parental alienation under the factors determining the child's best interests ensures that decisions are made based on comprehensive assessments of the child's emotional and psychological health.
• Educational Impact: Amending the Act will also educate parents and legal professionals about the severity and reality of parental alienation, discouraging its occurrence and promoting healthier co-parenting strategies.   

This call for change is not just a legal necessity but a moral imperative to align our laws with the principles of justice and child welfare that Canada stands by. Join us in advocating for a law that truly protects our children and upholds the integrity of the family unit in the face of adversity.