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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-06-14 Daily Xml
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Parental Alienating Behaviours

The Hon. S.L. GAME (15:25): I want to see every family who goes through separation educated on the importance of fostering a good relationship with the other parent, wherever possible, for the mental health of the parent and the wellbeing of the child.

We have a problem in our society with parental alienating behaviours. What are they? Parental alienating behaviours are the deliberate actions one parent takes to estrange their child from the other parent without any valid reason. These behaviours, orchestrated by the alienating parent and their allies, undermine the relationship between the targeted parent and their child. This includes preventing the child from speaking about the other parent, not acknowledging the other parent, not allowing the child to have photos of the other parent, right up to stopping visitation altogether.

This insidious form of abuse is just as much blatant as it is subtle. One million Australian children are thought to be victims of parental alienating behaviours. Yet nobody seems to be discussing this issue, even though it is affecting one in five children who go through a family breakdown.

It is important to recognise that although both genders are equally affected by this type of abuse, of those cases that reach Family Court women are granted sole custody 45 per cent of the time, while men are only granted sole custody 11 per cent of the time. This means that in these circumstances, the father is severely under-represented in time with their child. Without recognising these behaviours within the family law legislative framework, it gives a broader scope for fathers to be alienated from their children.

The Eeny Meeny Miney Mo Foundation yesterday submitted to the Legal and Constitutional Affairs Legislation Committee that the Family Law Act needs to be reviewed. Some of their recommendations were:

recognising and legislating the right of the child to have a relationship with both parents and protect it by law;

introduce the use of appropriately qualified experts who can assist the court to diagnose family violence and child abuse, who are also registered with the Australian Health Practitioner Regulation Agency;

a scientifically grounded definition of 'best interest for the child';

promote mediation, arbitration or therapy instead of courtroom proceedings;

collaboration between courts and therapeutic intervention programs; and

ensure that outcomes of decisions are followed up and monitored for at least 12 months post judgement.

Along with these recommendations, I have also been active in this area for most of my time here in the Legislative Council. On 7 September 2022, I moved a motion to acknowledge parental alienating behaviours as an act of family violence, and in March I spoke to the shortcomings of the Equal Opportunity (Domestic Abuse) Amendment Bill 2023 for not recognising these behaviours as a form of domestic abuse that many experience in their homes.

I have asked multiple questions in the Legislative Council questioning the Family Court failures in child custody, Aboriginal and Torres Strait Islander children being exposed to state sanctioned parental alienating behaviours and the mental health impacts on Australian parents and children who experience this form of abuse. I have engaged the Attorney-General in referring this to the South Australian Law Reform Institute, a body that conducts independent inquiries into areas of law that need change, and I note that I followed up this request with a direct question in parliament in May, although nothing has changed.

Ignoring the existence and dangers of parental alienating behaviours perpetuates a cycle of family violence. Eighty-five per cent of surveyed parents regarded parental alienating behaviours as child abuse. This is facilitated through emotional manipulation and false fears that are introduced to the innocent child who is then coerced into rejecting one of their parents or family members.

The alienated child develops an unhealthy emotional attachment, called a trauma bond. These bonds are similar in psychological traits to those found in cults, hostage situations, human trafficking and child abuse, leading to an exploitative relationship of the child. As stated earlier, we need more relationship counsellors to be trained to recognise parental alienating signs and provide appropriate support.

I am asking the government to make changes regarding parental alienating behaviours. If the government is not prepared to do so, I will be bringing forward a bill to establish a commission of inquiry into parental alienating behaviours in the near future and I will make it my duty to ensure these cases are recognised and acknowledged.

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