Sunday, March 11, 2012

Special Issue: Alienated Children in Divorce: Evidentiary Issues With Parental Alienation Syndrome July, 2001


Copyright (c) 2001 Sage Publications, Inc.
Family Court Review

STUDENT NOTE: Special Issue: Alienated Children in Divorce: Evidentiary Issues With Parental Alienation Syndrome

July, 2001

39 Fam. Ct. Rev. 334

Author

Lewis Zirogiannis

Excerpt

PARENTAL ALIENATION SYNDROME AND ITS PROBLEMS

Parental Alienation Syndrome (PAS) is a term originated by Dr. Richard Gardner to describe a cluster of co-occurring symptoms: (a) an alienated parent who engages in brainwashing, (b) a child who has adopted those negative views, and (c) a child who has vilified the rejected parent. 1 Gardner claimed that PAS is a syndrome because there is a common etiology or underlying cause, that is, an alienating parent. 2Gardner differentiated PAS from parental alienation (PA). According to Gardner, the only element present in PA is the alienating behavior by a parent. 3 In the case of PA, the child has not adopted the parent's negative views and is not making false allegations. 4
The judicial system should look at Gardner's theories with heightened skepticism. Gardner's research methods and techniques have been questioned by notable scholars in the mental health field. 5 Gardner's research methods have been determined by scientists to lack predictive value and validity. 6 It is also impossible to assign potential rates of error using Gardner's diagnostic tools. 7
In developing a predictive tool, one is concerned with both the reliability and validity of the instrument. 8 When a standardized test measures the occurrence of a disease or syndrome, the test is reliable if different evaluators giving the same test derive the same or similar conclusions. 9 A standardized test is valid if the items on the test have a clear and obvious relationship to the purpose of the test. ...
 

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