Listening last week to a deposition by a proponent of
the parental alienation belief system (PABS), I was struck anew by a claim I
have heard many times before. The person asserted that a case where a young
woman had been forced to go to an “intensive” treatment program was not a child
custody case—instead, it was said, this was a child protection case and
therefore protective separation from the preferred parent was needed
.
But, like most of these cases, the issue brought to
court had to do with a parenting plan. One parent objected to the amount of
time available to each in the present parenting plan. The child did not want to
spend more time with that parent. Most of us would define this as a custody or
parenting plan issue.
How do PABS enthusiasts
make such a case into a child protection case? I have tried to parse this and
think I see what is going on.
There is only one observed factor in the argument.
1. 1. The
child does not want to do something that one parent wants done. This is
sometimes, but not always, about the child avoiding contact with the
nonpreferred parent.
The next factor is
inferred, not observed.
2. 2. It
is inferred that the child’s avoidance results from actions on the part of the
preferred parent—that the preferred parent has somehow manipulated the child
into avoiding the nonpreferred parent.
The third step involves
an assertion that the inferred factor is a subset of another identifiable
factor.
3. 3. It
is asserted that the inferred manipulation is a type of psychological child
abuse.
The fourth step involves
creating an analogy and generalizing from it, essentially saying that if two
things share a feature, they must share more or even all features (this is
similar to what Piaget described as transductive reasoning, typical of
preschool children).
4. 4. Psychological
child abuse is a type of child abuse, therefore it is said to be the same as
physical child abuse.
The fifth step draws a
conclusion.
5. 5.. Because
the equivalent of physical child abuse is present, the child is in need of protection.
The last step makes a
recommendation on the basis of the last step.
6. 6. Therefore,
as children who are physically abused are ordered into protective separation
for their safety, protective separation from the preferred parent is advisable
in cases where it has been inferred that a child’s avoidance of a parent is due
to the actions of the preferred parent.
Q.E.D.? I think not! No, this list of inferences and assertions
does not survive examination under a strong light. Cases involving custody
issues are not child protection cases unless some actual harm to the child is
demonstrated and the culpability of one parent shown. This cannot be done “by
definition” or through proof by assertion or by abuse of analogies.
If any PABS proponents
would like to correct my analysis of this matter, I would very much like to
hear what they have to say.
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