A Canadian colleague recently sent me an immense
document with PowerPoints and summaries of presentations that took place at the
conference Children’s Participation in Justice Processes: Finding the Best Ways
Forward, sponsored by the Canadian Research Institute for Law and the Family,
in Calgary, Alberta, Sept. 15-16, 2017. You can see the PowerPoints of this
conference through links at www.findingthebestwaysforward.com/Materials/index.html.
There were some really excellent presentations given at the conference, best of all in my
opinion one by the well-known lawyer Nicholas Bala, who gave a brilliant
discussion of children’s cognitive development and the ways that a stage of cognitive
development could affect participation in judicial proceedings. This is really
worth reading for anyone who is concerned with laws and judicial decisions as
they work for children’s best interests.
However, the conference included some much less admirable
presentations as well, notably one that focused on the idea of parental
alienation (PA). As many readers will know, PA is the hypothesized situation in
which one of two separated or divorced parents “brainwashes” a child and
persuades the child to believe that the other parent is bad, abusive,
dangerous, etc. The child who is persuaded in this way then rejects and avoids
the parent who has been targeted (to use PA) language and strongly prefers to
be with the other, alienating (in PA language) parent. PA advocates like Craig
Childress and Dorcy Pruter claim that the child who has been alienated (in PA
language) has been made mentally ill in ways that will have long-term effects,
and needs to be rescued and treated. PA advocates suggest that this can be
accomplished by various treatment programs, most of which have infrastructural
names involving paths, roads, and bridges, and all of which focus on removing
the child by court order from the preferred parent and placing him or her in
the custody of the non-preferred parent.
It would be silly to claim that no preferred parent
has ever manipulated the child’s attitudes—this can happen even in an intact
marriage, and can be encouraged by grandparents, friends, new romantic partners
of the preferred parent. However, as is usual in human affairs, multiple
factors work together to produce a child’s rejection of a parent, and how often
they include “brainwashing” has never been empirically demonstrated. Neither
has it been shown that the child’s attitudes, however negative, are indicative
of mental illness.
Let’s look more closely at the idea of mental illness
as a facet of the child’s rejection of a parent. PA thinking suggests that the
child’s thought processes are distorted and that, no matter what the child’s age,
some attachment problem has been created. These ideas have not been validated,
but in many ways they are the least of the issues here.
The great difficulty with this view is the claim that
the hypothesized mental problems will be exacerbated by giving the child any
choices—that the child’s stated wishes are narcissistic wishes that must be
dropped in order for mental health to be regained. This idea, that adults must
exert complete authority, and that children are damaged by autonomous
decision-making right up to the age of 18, is common among alternative
therapies. Attachment therapists too claim that children they have diagnosed as
having attachment disorders must yield all authority to adults, must obey
instantly and cheerfully, and should be given no information about what is
going to happen to them. To treat a child as an autonomous individual and to
allow the child to express beliefs and feelings is seen as a sure way to worsen
any existing problems; this is why attachment therapists insist that conventional
child psychotherapies will make children “worse”.
At the conference in Calgary, presentation stood out as representing the PA
belief system. They argued against the idea that a child in custody proceedings
should be allowed to speak, claiming that this would be detrimental to the
child.
The presentation, “The voice of the alienated child”,
was the work of Rob Croezen, Melissa Ander, and Alyson Jones. These presenters
listed a series of dangers of allowing the child’s voice to be heard:
·
Boundary issues
·
Being caught in the parental conflict
·
Improper empowerment
·
Loss of leadership by adults
·
Loss of hierarchy
·
Loss of stability
·
Loss of security
·
Doing the job of an adult
·
Increased anxiety
·
Feeling of responsibility
·
Parentification
·
Adultified children
·
Role confusion
·
Heightened anxiety (yes, as well as increased)
·
Attachment disruptions
·
Lack of resolution
·
Black and white thinking
Let’s have a closer look at this list. What do we see
here that indicates long-term issues of mental health? Keep in mind that this
list is not even about the effects of experiencing PA—it’s about being allowed
to contribute to the discussion leading to custody decisions. But are the items on the list unusual? Are
they problematic? Are they supported by evidence about what happens either in
high-conflict divorces or when children’s voices are heard?
1. 1. Boundary
issues certainly occur in some families and may be associated with certain
kinds of parent-child relationships, but surely the argument here, if any,
would be that if children have boundary issues their preferences may reflect
those issues—not that being allowed to speak will cause boundary issues.
2. 2. Being
caught in the parental conflict is unpleasant for children and can take up
energies and resources they need for their own developmental tasks, but children
in high-conflict divorce are already caught in this way. Playing a role in
decisions about their own lives would appear to allow them to use the situation
for their own developmental purposes, of which a move toward autonomy is one.
3.
“ 3. "Improper
empowerment” suggests that children who are heard in court will use the
experience to take over decisions they are not capable of making. In fact, working
to re-establish family rules and decision-making processes is one of the tasks
of divorced families, and some children do “take up the slack” from distracted
parents and feel empowered in ways that later need to be corrected. This is a
general issue of post-divorce adjustment and not a matter either of PA or of
child participation.
4. 4. Loss of leadership by adults often occurs
during a post-divorce period of several years, as parents struggle to reorganize
their own lives and deal with financial and emotional issues; this is true even
for the parent who initiated the divorce. Parents do not lose their leadership
because a child is heard, but for other reasons.
5. 5, Loss
of hierarchy: how I would love to know what is behind this one! It’s so
reminiscent of the German “family constellation” therapist Bert Hellinger, who
believes that the breaking of age and gender hierarchy causes emotional
disturbance in a family. Hellinger wants children who have been molested by an
older family member to apologize to the molester because they have been
instruments of breaking the hierarchy. I don’t want to exaggerate the possible connection
here, but you don’t get a lot of conventional psychologists troubling
themselves about hierarchies in this way.
6. 6. Loss
of stability: divorce does this, especially if the child has to move to a new
house (cf. custody change with PA claims, by the way) or change schools.
7. 7. Loss
of security: divorce also brings about financial loss, disagreements about child
support, and the loss of the sense of a back-up adult if one has a problem. We
don’t need to look for the child’s voice in court as causing these things.
8. 8. Doing
the job of an adult: this is only a concern if we assume along PA lines that
only adults can speak about their thoughts and feelings. Conventional
therapists generally try to teach children to do those things.
9. 9. Increased
anxiety is the lot of any child in a high-conflict divorce and would presumably
be reduced by a sense of some autonomous participation.
1 10. Parentification:
This will be a problem if the child feels that he or she must “take care of” a
parent who is incompetent, no matter whether the child can speak in court. The
solution is more likely to be to give the adult guidance toward competence, not
to silence the child.
1 11 . Adultified
children: same as #s 8 and 10.
1 12.. Role
confusion: I think the presenters really mean the same thing as they meant in
8, 10, and 11, rather than the term role confusion as used by Erik Erikson in
his discussion of adolescent personality development.
1 13. Heightened
anxiety: see #9.
1 14. Attachment
disruption: oh, dear. Our presenters do seem to have forgotten the principle of
developmentally appropriate practice. Children over age 3 or 4 do not experience
overwhelming distress over separation from a familiar caregiver as younger
children do. By age 6 or 7, children all over the world are sent to school,
even to boarding school, or are sent out to do farm work or other tasks away
from their parents. By the time they are at that age, the powerful emotional
attachment of infants and toddlers has changed to an internal working model of
social relationships in which caregivers play an important but not exclusive
role. Even toddlers adjust in a few months to loss of attachment figures and
are able to make new attachments—although if they have been through more than a
few separations they may need help in this. These sinister references to
attachment, with implications of attachment disorders and severe mental health
problems, are characteristic of alternative therapies and unconventional
beliefs about child development.
1 15. Lack of resolution: this is caused by having a
voice in custody decisions, is that the claim? Is it not instead a feature of
loss by divorce rather than by death?
1 16. Black-and-white
thinking: again we have a problem with developmentally appropriate practice.
Young children normally have trouble understanding overlapping categories or
multiple factors working together. What is the evidence that continuing to have
these characteristics of early thought is more common among children who are
allowed to contribute to custody decisions, even if only by having their voices
heard? There seems to me to be a problem here in parsing the overlapping
categories of children of divorce and children of divorce who either do or do
not have their voices heard—a class inclusion problem, in terms of cognitive development.
I think I’ve said enough (or perhaps too much, I don’t
know who’s still with me) to show the difficulties inherent in the claims made
by those who argue that children’s voices should not be heard in custody
proceedings. There is no danger to the children in being heard, and a good deal
of danger in being subjected to ill-considered PA thinking and practices.
Everything we would like to say, yet it's hard to word it so brilliantly.
ReplyDeleteThanks-- now let's hope some affected people read it!
DeleteI have shared this with a group of skeptics & lawyers who are concerned about pseudoscience and the law.
ReplyDeleteThanks, Linda!
ReplyDeleteI'm currently involved in mediation for grandparent visitation and you wouldn't believe how the commissioner acted when I mentioned that I had discussed such visitation with our daughter (she's 9 next month!) . "She has no say. Her words don't matter. Why are you even discussing this with her?!"
ReplyDeleteAnd yet a child that age gets to contribute in a limited way to informed consent to treatment. Somehow there are such mixed beliefs about whether children (birth to 18 years!) are chattels or human beings... also, everyone is told on the one hand that family secrets are dangerous, and on the other that children should not be given information.
Delete