Implacable hostility

Last updated

In family law in the United Kingdom implacable hostility denotes the attitude shown by one parent to another in denying access to, or contact with, their child(ren) after separation or divorce. What differentiates implacable hostility from the typical hostility that may arise after separation/divorce is that the deep-rooted nature of the hostility cannot be justified on rational grounds and measures taken by third parties including mediators and the family courts are to no avail. [1]

Family law is an area of the law that deals with family matters and domestic relations.

United Kingdom Country in Europe

The United Kingdom (UK), officially the United Kingdom of Great Britain and Northern Ireland, and sometimes referred to as Britain, is a sovereign country located off the north-western coast of the European mainland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands. Northern Ireland is the only part of the United Kingdom that shares a land border with another sovereign state, the Republic of Ireland. Apart from this land border, the United Kingdom is surrounded by the Atlantic Ocean, with the North Sea to the east, the English Channel to the south and the Celtic Sea to the south-west, giving it the 12th-longest coastline in the world. The Irish Sea lies between Great Britain and Ireland. With an area of 242,500 square kilometres (93,600 sq mi), the United Kingdom is the 78th-largest sovereign state in the world. It is also the 22nd-most populous country, with an estimated 66.0 million inhabitants in 2017.

Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.

See also

Domestic violence pattern of behavior which involves the abuse by one partner against another

Domestic violence is violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. It may be termed intimate partner violence when committed by a spouse or partner in an intimate relationship against the other spouse or partner, and can take place in heterosexual or same-sex relationships, or between former spouses or partners. Domestic violence can also involve violence against children, parents, or the elderly. It takes a number of forms, including physical, verbal, emotional, economic, religious, reproductive, and sexual abuse, which can range from subtle, coercive forms to marital rape and to violent physical abuse such as choking, beating, female genital mutilation, and acid throwing that results in disfigurement or death. Domestic murders include stoning, bride burning, honor killings, and dowry deaths.

Parental alienation is the process, and the result, of psychological manipulation of a child into showing unwarranted fear, disrespect or hostility towards a parent and/or other family members. It is a distinctive form of psychological abuse and family violence, towards both the child and the rejected family members, that occurs almost exclusively in association with family separation or divorce, particularly where legal action is involved. The most common cause is one parent wishing to exclude the other parent from the life of their child, though family members or friends, as well as professionals involved with the family, may contribute to the process. Parental alienation often leads to the long-term, or even lifelong, estrangement of a child from one parent and other family members and, as a significant adverse childhood experience and form of childhood trauma, results in significantly increased lifetime risks of both mental and physical illness.

Parental alienation syndrome (PAS) is a term introduced by child psychiatrist Richard Gardner in 1985 to describe a distinctive suite of behaviors in children that includes showing extreme but unwarranted fear, disrespect or hostility towards a parent. Observed repeatedly in families involved in child custody litigation, these behaviors result from psychological manipulation or undue influence, typically by the other parent who may be attempting to prevent an ongoing relationship between a child and other family members after family separation or divorce. Use of the term "syndrome" has not been accepted by either the medical or legal communities and Gardner's research has been criticized by some legal and mental health scholars for lacking scientific validity and reliability. However, the derivative term parental alienation is recognized as a dynamic in some separating families.

Related Research Articles

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony, child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person; where polygyny is legal but polyandry is not, divorce allows the woman to marry another person.

Alienation may refer to:

Child custody, conservatorship and guardianship are legal terms that are sometimes used to describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.

The fathers' rights movement is a movement whose members are primarily interested in issues related to family law, including child custody and child support that affect fathers and their children. Many of its members are fathers who desire to share the parenting of their children equally with their children's mothers—either after divorce or as unwed fathers—and the children of the terminated marriage. The movement includes men as well as women, often the second wives of divorced fathers or other family members of men who have had some engagement with family law.

Fathers rights movement in the United Kingdom

The fathers' rights movement in the United Kingdom consists of a number of diverse pressure groups, ranging from charities and self-help groups to civil disobedience activists in the United Kingdom, who started to obtain wide publicity in 2003. The movement's origin can be traced to 1974 when Families Need Fathers (FNF) was founded. At the local level, many activists spend much time providing support for newly separated fathers, most of whom are highly distraught. Although some have been accused of being sexist by some commentators, these groups also campaign for better treatment for excluded mothers, women in second marriages, other step-parents and grandparents - all of whom suffer discrimination in respect of contact with their (grand) child(ren).

Richard Alan Gardner was an American child psychiatrist known for his work in psychotherapy with children, parental alienation and child custody evaluations. Gardner introduced the term Parental alienation syndrome (PAS). He wrote 41 books and more than 200 professional journal articles and book chapters. He developed child play therapy and test materials which he published through his company Creative Therapeutics. Gardner was an expert witness in child custody cases. Gardner and his work have been both disputed and supported.

Richard A. Warshak is an American clinical and research psychologist and author. He is best known for his expertise on child custody, shared parenting, and parental alienation disputes in the context of divorce. Warshak has written three books, The Custody Revolution, Divorce Poison: Protecting the Parent-Child Bond From a Vindictive Ex, and the revised edition, Divorce Poison: How to Protect Your Family from Bad-mouthing and Brainwashing.

Family Law Act 1975 Act of the Parliament of Australia, currently registered as C2018C00362

The Family Law Act 1975, referred to as the FLA by legal practitioners, is an Act of the Australian Parliament. It has 15 parts and is the main Australian legislation dealing with divorce, parenting arrangements between separated parents, property separation, and financial maintenance involving children or divorced or separated de facto partners.

National Parents Organization organization

The National Parents Organization (NPO) is a 501(c)(3) not-for-profit charitable and educational organization in the United States that promotes shared parenting and the right of children to have both parents present in their daily life. The organization focuses on family court reform, research and public education with the goal to make shared parenting the general norm in every state. The stated mission of the organization is to improves the lives of children and strengthen society by protecting every child's right to the love and care of both parents after separation or divorce and to seek better lives for children through family court reform that establishes equal rights and responsibilities for fathers and mothers.

The fathers' rights movement has simultaneously evolved in many countries, advocating for shared parenting after divorce or separation, and the right of children and fathers to have close and meaningful relationships. This article provides details about the fathers' rights movement in specific countries.

A gatekeeper parent is a term sometimes utilized in the legal arena to refer to a parent who appoints themself the power to decide what relationship is acceptable between the other parent and the child(ren). The term is broad and may refer to power dynamics within a marriage or may describe the behaviors of divorced or never married parents.

A contact centre is a neutral place where children of separated families can enjoy contact with their non-resident parents and sometimes other family members, in a comfortable and safe environment. Child contact services are classified into two distinct categories, supported and supervised. Its primary role is to support and promote contact between those parents, grandparents, guardians and children that do not have a Residence Order.

Families Need Fathers organization

Families Need Fathers (FNF), founded in 1974, is a registered charitable social care organization in the United Kingdom that provides information, advice and support to parents whose children's relationship with them is under threat during or after divorce or separation, or who have become alienated or estranged from their children. FNF also advocates for shared parenting, more time for children with their non-custodial parent, and stronger court actions when a custodial parent defies court orders requiring them to allow their children a relationship with the other parent. The organizations goal is that children of divorce or separation should not lose the love and care of one of their parents.

Carol Sophie Bruch is an American legal scholar and professor emerita of the law school at the University of California, Davis. A recognized authority on family marital property law, and private international law, she has influenced and worked on the drafting of family law statutes in California and other US states, and also international agreements. She holds a JD from UC Berkeley School of Law and an AB from Shimer College.

Edward Kruk is a Canadian sociologist and social worker who has performed internationally recognized research on child custody, shared parenting, family mediation, divorced fathers, parental alienation, parental addiction, child protection and, grandparent access to their grandchildren. He is an associate professor of social work at the University of British Columbia. Kruk is the founding president of the International Council on Shared Parenting.

Edwin C. "Ned" Holstein is an American physician and children's rights advocate. He is a founder and chairman of the National Parents Organization, and an advocate for shared parenting as being in the best interest of most children after separation or divorce.

References

  1. Richard Powell (2001). Child Law: A Guide for Courts and Practitioners. Waterside Press. pp. 189–. ISBN   978-1-872870-92-2.