Denmark with measures against parental alienation
The Danish government (Social Democrats, Moderates and Liberal Party) has entered into an agreement with the other parties in the Folketing to promote children's interests and welfare, including by preventing and quickly cracking down on parental harassment and alienation.
The agreement will lay the groundwork for an upcoming Custody Act to be tabled in the near future. This Act shall contain sanctions so that it shall not be possible to prevent mutual contact after a break-up. The text of the agreement states: "It is crucial for the parties to switch as early as possible to co-operation, including parental alienation, which means, among other things, that there is a need to be sharp on harassing parents." Funding is allocated for professional updating of psychologists, family therapists and legal experts so that they are able to identify parental alienation as a form of family violence ( Ministry of Health, Housing and Retirement, 2023).
Norway can use laws and case law from other countries, especially Denmark and Sweden, as a source of information and shed light on their own legal disputes. It is therefore puzzling that in this country we still adhere to a ministerial document instructing judicial bodies not to have confidence in legal parties who refer to parental alienation in legal disputes under the Family and Children Act (Torsteinson et al., 2008). Nor can it help that we have an influential academic community with great influence on legal expertise and the exercise of authority that calls for "scrapping the concept of parental alienation" (Stokkebekk et al., 2023). Nor does the majority of the Children's Law Commission consider it necessary to introduce stricter sanctions against visitation sabotage (NOU, 2020). Do the Norwegian professional and legal authorities believe that Norwegian children are not harmed by such violence that in our neighbouring country is identified cross-politically as harmful to children's health and welfare?
The question is rhetorical but illustrates that the Norwegian authorities have for far too long had a simplistic and gendered view of violence in close relationships. Fathers are only perpetrators of violence and mothers are only victims of violence with such a perspective. Children, family counselling and judicial agencies have developed practices that are perceived as prejudiced and oppressive among a growing minority of men and fathers (Lien, 2017). The reality is complex. We need preparedness against all types of violence, not just those that target women. Parental alienation is practiced by both fathers and mothers. The phenomenon is associated with other forms of violence: psychological violence, custodial sabotage, physical violence and false accusations (Meland et al., 2023). Violence against children is perpetrated by both sexes. Claims that parental alienation in a legal context serves as a pretext to undermine women's right to protect themselves and their children from violence have recently been put to shame in a major empirical study using legal data from Canada (Harman et al., 2023).
Norwegian experts believe that it creates distance from children to use the term «parental alienation». They seem concerned that we must maintain a relational and systemic approach in the work where children are reluctant to contact one parent (Stokkebekk et al., 2023). It has been documented that systemic family therapy without the use of coercive measures has an effect and improves children's relationship with both parents (Toren et al., 2013). However, this assumes that both parents accept and complete a fairly intensive treatment program over a full year. In almost 40% of cases, one or both parents declined to participate in this study.
Many parental reunification programs require judicial reversal of residence and/or temporary break in the relationship between the child and the alienating parent (Reay, 2015; Warshak, 2018). This can of course create distance from a child who loses contact with a preferred parent, but such a reaction is described as short-lived, and the child contributes positively to the treatment. Systemic family therapy is also used in these programs. There is therefore no reason to claim that such programmes are incompatible with a systemic approach in treatment.
We have to be able to keep our tongues in our mouths. It is about safeguarding children's health and welfare by preserving their relationships with both their good enough parents even after a breakup. All forms of violence against children and parents must be recognised and dealt with by family and child welfare services, child and child welfare law and criminal law.
References
Meland, E., Furuholmen, D., & Jahanlu, D. (2023). Parental alienation - a valid experience? Scand J Public Health, 14034948231168978. https://doi.org/10.1177/14034948231168978
NOU. (2020). New Children's Act. In the best interests of the child. Oslo: The Norwegian Ministries' Security and Service Organisation. Technical editorial team. Retrieved 2023-12-2-2 from https://www.regjeringen.no/no/dokumenter/nou-2020-14/id2788399/
Reay, K. M. (2015). Family reflections: A promising therapeutic program designed to treat severely alienated children and their family system. American Journal of Family Therapy, 43(2), 197-207.
Ministry of Social Affairs, Housing and Elders. (2023). Agreement between the government and the Socialist People's Party, the Danish Democrats, the Liberal Alliance, the Conservative People's Party, the Unity List, the Radical Left, the Danish People's Party, the Alternative and the New Bourgeois on an improved family law system. Copenhagen: Ministry of Health, Housing and Social Affairs Retrieved 2.12.2023 from https://sm.dk/Media/638369321309768802/Aftale%20om%20et%20forbedret%20familieretligt%20system_UA.pdf?utm_source=Pressemeddelelser&utm_campaign=8c99d8d5d4-EMAIL_CAMPAIGN_2023_12_01_02_29&utm_medium=email&utm_term=0_-8c99d8d5d4-%5BLIST_EMAIL_ID%5D
Stokkebekk, J., Steinsvåg, P. Ø., Nordvik, T., Eikrem, T., Holt, T., & Nordanger, D. (2023). "Parental alienation" should be scrapped. Time skr for the Norwegian Psychological Association, retrieved 2.12.2023 from https://psykologtidsskriftet.no/debatt/2023/09/foreldrefremmedgjoring-bor-skrotes
Toren, P., Bregman, B. L., Zohar-Reich, E., Ben-Amitay, G., Wolmer, L., & Laor, N. (2013). Sixteen-session group treatment for children and adolescents with parental alienation and their parents [Empirical Study; Interview; Quantitative Study]. American Journal of Family Therapy, 41(3), 187-197. Retrieved 2023-12-2 from https://doi.org/https://dx.doi.org/10.1080/01926187.2012.677651
Torsteinson, S., van der Weele, J., & Steinsvåg, P. Ø. (2008). Child custody cases where there are allegations of violence. Psychological information for judges, lawyers and experts. Oslo: Ministry of Children and Equality.
Warshak, R. A. (2018). Reclaiming parent-child relationships: Outcomes of family bridges with alienated children [Peer Reviewed]. Journal of Divorce & Remarriage. Retrieved 2023-12-2 from https://doi.org/10.1080/10502556.2018.1529505