Divorce and separation are difficult enough, but when one parent manipulates a child against the other, the situation becomes even more complex. This behaviour—known as parental alienation—can have a profound impact on both family relationships and legal outcomes.
At Verhaeghe Law in Edmonton, we see firsthand how parental alienation can affect decisions about parenting time and decision-making responsibility. Understanding how Alberta courts view alienation is essential for any parent concerned about the well-being of their child.
If you have questions about parental alienation and your legal options, contact our lawyers today.
What is Parental Alienation
Parental alienation occurs when one parent deliberately or repeatedly turns a child against the other parent. This can include behaviours such as:
- Making negative or disparaging comments about the other parent
- Preventing or interfering with phone calls, visits, or communication
- Telling the child that the other parent does not love or care for them
- Creating loyalty conflicts by making the child feel guilty for spending time with the other parent
- Fabricating or exaggerating stories to portray the other parent in a negative light
Over time, these tactics can cause a child to reject one parent entirely. This not only damages the parent-child bond but can also harm the child’s emotional development.
Decision-Making Responsibility Under Alberta Law
In Alberta, what was once referred to as “custody” is now legally known as decision-making responsibility. This includes the authority to make major decisions about a child’s upbringing, such as:
- Education and schooling choices
- Health care and medical treatment
- Religious upbringing
- Extracurricular involvement
Both the Divorce Act and Alberta’s Family Law Act emphasize that all decisions must be made in the best interests of the child. Courts specifically consider whether each parent is willing and able to encourage a healthy relationship between the child and the other parent. Alienating behaviour is often seen as directly contrary to that principle.
How Courts Address Parental Alienation
When parental alienation is proven, Alberta courts take it seriously. Judges recognize that children benefit most from meaningful relationships with both parents, and alienation undermines that principle.
Depending on the severity of the alienation, the court may:
- Reduce parenting time for the alienating parent
- Shift decision-making authority to the targeted parent
- Order counselling or therapy for the child, parents, or the whole family
- Place restrictions or conditions on the alienating parent’s involvement
- In extreme cases, reverse custody arrangements, transferring primary care to the targeted parent.
For example, if a parent consistently undermines the other’s role and refuses to cooperate with parenting orders, the court may conclude that the alienating parent is not acting in the child’s best interests.
Recognizing the Signs of Alienation
It can be difficult to distinguish between genuine reluctance by a child and parental alienation. Warning signs may include:
- A sudden, unexplained breakdown in the child’s relationship with one parent
- The child using adult-like language that seems coached
- The child expressing hostility toward one parent without specific reasons
- One parent regularly interfering with visitation or communication schedules
If these signs appear, early intervention is critical.
What to Do if You Suspect Alienation
If you believe you are the victim of parental alienation, take the following steps:
- Document incidents: Keep records of denied access, hostile messages, or unusual behaviour from your child.
- Avoid retaliation: Refrain from speaking negatively about the other parent, as it may weaken your case.
- Seek professional help: Counsellors, therapists, and parenting coordinators can provide evidence of alienation.
- Consult a lawyer: A family lawyer can help you apply for court remedies, gather evidence, and protect your rights.
At Verhaeghe Law, we understand the sensitive nature of these cases. We can guide you through the legal process while keeping your child’s well-being front and centre.
Why Legal Guidance is Crucial
Proving parental alienation is not simple. Courts require solid evidence and will carefully weigh all factors before making a decision. Having an experienced lawyer ensures that:
- Evidence is properly presented
- Applications to modify decision-making responsibility are filed correctly
- Your parenting rights are vigorously defended.
Without legal representation, you risk delays or unfavourable outcomes that may further harm your relationship with your child.
Experiencing Parental Alienation? Contact Verhaeghe Law Today
Parental alienation not only damages family relationships but can also affect how courts determine decision-making responsibility. If you believe alienation is impacting your family, don’t wait to act.
Contact Verhaeghe Law’s Edmonton family lawyers today. We can help you build your case, protect your parental rights, and ensure your child’s best interests remain the court’s top priority.