THE FAMILY LAW ACT OF BRITISH COLUMBIA

Current act does not define parental alienation. 

Proposed Amendment:

Inclusion of Parental Alienation in Definitions under "family violence" to include a new subsection.

"Family Violence" new subsection f: "Parental alienation" means any behaviour, whether intentional or unintentional, by a parent or guardian that undermines, interferes with, or disrupts the child's relationship with the other parent or guardian, 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.

Current act does not include the consideration of parental alienation when determining what is in the best interests of the child.

Proposed Amendment:  Introduction of Parental Alienation as a Consideration:

Section 37(2) of the Family Law Act is amended to include the consideration of parental alienation when determining the best interests of the child.
 

Add a new clause to Section 37(2) that specifically addresses parental alienation: 

Section 37(2)(k): Consideration of any evidence of parental alienation, including its psychological and emotional impact on the child and its effects on the child's relationship with the alienated parent. 

Section 37(2)(b): Criteria for Considering the Child’s Views.

Modify Section 37(2)(b) to include guidelines for evaluating the child's views where parental alienation might have influenced these views.

Introduction of a new subsection in Section 37: Training and Education.

Proposed Amendment:

New Subsection in Section 37(5): 

• Mandate specialized training for all judicial and child welfare professionals on recognizing, understanding, and addressing parental alienation.
• Develop public awareness programs that educate parents about the signs, implications, and legal consequences of engaging in alienation behaviours.

Current act does not include the consideration of parental alienation when determining what is in the best interests of the child.

Proposed Amendment: 

Integrate parental alienation into the framework used to assess family violence when determining what is in the best interests of the child.

Add a new clause to Section 38 that specifically addresses parental alienation:

Section 38(j): Assessment of parental alienation as a form of psychological and emotional abuse that constitutes a pattern of coercive and controlling behaviour directed at the child.

Proposed Amendment to Section 38(d):

Current Text: "whether any psychological or emotional abuse constitutes, or is evidence of, a pattern of coercive and controlling behaviour directed at a family member." 

Amend Subsection 38(d): "whether any psychological or emotional abuse, including actions consistent with parental alienation, constitutes, or is evidence of, a pattern of coercive and controlling behaviour directed at a family member."  

Rationale:

Clarification of Abuse Types: 

• Explicit Recognition: By specifically mentioning parental alienation within the context of psychological and emotional abuse, the amendment clarifies that such behaviours are legally recognized as forms of abuse. This specificity aids legal professionals and courts in identifying and addressing these behaviours more effectively.
• Enhanced Legal Protection: Consistent Application: Clear statutory language helps ensure that the legal system applies these criteria uniformly across cases. It reduces ambiguity in legal proceedings and fosters more consistent outcomes in custody and family violence cases.
• Support for Affected Family Members: Support Mechanisms: Recognizing parental alienation as a form of abuse encourages the implementation of appropriate support and intervention strategies, benefiting both the child and the alienated parent. 
• Legal Proceedings: Courts will have a clear mandate to consider parental alienation when assessing allegations of psychological and emotional abuse. This could lead to more informed, nuanced judicial decisions in cases involving family violence.

The proposed amendments aim to ensure that the Family Law Act comprehensively addresses the issue of parental alienation, recognizing it as a form of family violence that can significantly impact the well-being and best interests of the child. By including specific provisions related to parental alienation, the amendments seek to protect children from behaviours that can harm their relationships with both parents and to provide clear guidance for the courts in making decisions that prioritize the child's overall welfare.

We need your support to bring this critical amendment to the attention of the British Columbia government. By signing this petition, you are helping to protect the best interests of children and ensure that parental alienation is recognized and addressed as a serious issue.