Parental Alienation and Family Reunification Therapy Orders

Understanding Parental Alienation and Legal Remedies

If you think you may be an alienated parent, please read our blog to better understand what parental alienation is. You may wonder, what you can do as an alienated parent feeling helpless and isolated from your child. This blog will address the recent developments in law surrounding parental alienation and discuss the court remedy of Family Reunification Therapy for individuals experiencing parental alienation.

Recent Developments Surrounding Parental Alienation & Family Reunification Therapy in Law

In a recent Ontario Court of Justice case heard in 2023, Justice Sullivan ordered the parents and child to participate in family reunification therapy. The family reunification therapy ordered could involve parent coaching/counselling or parent/co-parent education, and any other therapeutic interventions.

Summary of the Case

The child’s wishes may be given great weight in the judicial decision-making process. Although, the court found in this case that the best interests of the child should be determined first to understand how much weight should be given to the child’s wishes. The child faced difficulties both socially and academically. As a result, his mother removed him from his public school and began home schooling the child while ensuring that he was integrated in regular social activities with other homeschooled children. This aided in him increasing his self-confidence and the number of friendships he had prior to the homeschooling.

In 2020, during the COVID-19 pandemic, the child’s behaviour began negatively declining, affecting his basic hygiene and cooperation with his mother. During this time of difficulty, the mother sought to aid in a behavioural change by allowing the child to stay with her father.

Soon after staying with the father, his behaviour became more negative. He often insulted her over the phone and refused to see her. When speaking to her, the mother could hear the father laughing when the child made negative comments.

As the mother could not have her previous Final Order enforced, she commenced a motion to change leading to the order for family reunification therapy. The Office of the Children’s Lawyer prepared a report based on the parents and child’s statements.

Key Principles for Therapeutic Orders

• In making the order, Justice Sullivan listed ten principles that may be taken into consideration when making therapeutic orders. Six of them are summarized below:
• These orders are to be made sparingly.
• Whether the cause for the family clear based on expert evidence or otherwise?
• There must be compelling evidence that the therapy will be beneficial to the child.
• Are the parents likely to meaningfully engage in counselling despite their initial resistance to the making of the order?
• Is the child likely to voluntarily engage in counselling therapy?
• Resistance to therapy is an important factor but is not the determining factor whether such an order should be made.

Key Takeaways

Parental alienation is challenging, but hope and legal remedies exist. Courts can alter parenting time, reverse custody, or mandate family reunification therapy. Having a skilled lawyer by your side can significantly impact your case, providing legal support and guidance. For legal advice or to book a consultation, contact our experienced team at INB Family Law LLP.