The fundamental human right to respect family life : parental alienation syndrome (PAS)

Abstract

This present study examined the ever-increasingly common and controversial issue of parental alienation syndrome which arises in separation and child custody disputes. More specifically, this syndrome was analysed in relation to the fundamental human right to respect family life. No child desires to be in the middle of marital conflict. Parental alienation syndrome arises when conflict, that exists or is created between the parents, is formulated and moulded by the alienating parent in a way that the alienated parent becomes the epitome of such conflict. The child’s behaviour starts to mirror the alienating parent’s behaviour which grows into unfounded rejection against the alienated parent. A breach of the alienated parent’s right to family life arises due to such alienation which deprives and jeopardises the relationship between the alienated parent and his or her child. The author delved into the current position under Maltese law and underlined, through a comparative analysis, how the latter can be better catered for and dealt with to prevent a human right’s breach. The latter was executed by highlighting the main characteristics that constitute this syndrome to obtain a more precise picture. Secondly, the local position was scrutinised along with the procedure the Maltese courts adopt when deal with parental alienation. Thirdly, a comparative analysis was conducted by examining jurisprudence given by the European Court of Human Rights and furthermore, by analysing foreign jurisdictions to identify useful practices. Lastly, the concluding remarks were summarised and discussed along with practical implementations which in the author’s opinion can better provide the Maltese courts with the necessary tools to cater for cases involving parental alienation syndrome.