Expert Witness Alienated

(An Account of the views of One Expert Witness
experiencing Parental Alienation Syndrome)

Introduction

  One of the best ways of understanding the process of parental alienation is to become a victim of it! Unfortunately it is also a painful experience with potentially disastrous consequences.

My work as an expert witness responsible to the courts has brought me into close contact with parents, both mothers and fathers who have been alienated by a former and now hostile partner. What follows will be the experience of an expert who has suffered from similar hostility by an alienator.

My Orientation Principle or Philosophy

My orientation and basic principle is, and has always been, that both parents, who have created a child are responsible for the care, love and guidance of that child. There are of course exceptions to this. I have dealt equally with mothers and fathers whose hostility towards a former partner has led to the alienation of a child against that former partner. This has led to the alienated parent experiencing extreme unhappiness and difficulty in having regular and good contact with a child.

  Sometimes it is so difficult that it is necessary to involve the legal system (Solicitors, Barristers, Judges etc) and expert witnesses such as myself. As such, the expert has to be independent, fair and just to all the parties involved. There are exceptions to the principle of both parents playing an active and guiding role. A parent who is, or has been, a sexual, physical, emotional or other kind of abuser, or who is unsafe with a child, and hence a danger to a child should not play a part in that child's life, for the time being at any rate.

The Work of the Expert Witness in the Cases of Parental Alienation

  As a consultant clinical psychologist I have had many experiences to conduct in-depth interviews, and sometimes also use psychological tests, to establish what is really going on and why a parent fails to have contact of a regular nature with a child. There is no room for superficial, opportunistic, and convenient assessments. One is seeking the truth beneath a mass of accusations and counter accusations. The child in the meantime often refuses to have contact with the non custodial parent, despite having had a close and loving relationship with that parent in the past.

  One has to be aware that the child has often been influenced, if not programmed, to side with one parent (usually the custodial parent) against the absent and eventually the “sidelined” or alienated parent. Once the expert has sufficient evidence concerning this, it must be divulged to the court who can accept or reject these findings. The report will, at least in some cases, appear to favour the alienated parent. The alienator, on the other hand, will reject such evidence as wrong or coming from an allegedly biased viewpoint.

It cannot be emphasised too strongly when the expert witness presents the report it is for the court to decide whether the expert evidence has credence. In the end the Judge will make the final decision as to what should occur. Unfortunately judges do not accept that alienation has taken place when in fact it has taken place. Sometimes the court instructs the expert, or indeed another expert, to carry out a number of mediation sessions for the purpose of resolving the issues or reasons that appear to separate the child from the absent parent. This can be extremely difficult, yet worth attempting. It must be remembered that at the same time as the expert witness is carrying out his mediation, efforts are being made by the alienator to continue the alienation process.

The alienator will often include collaborators in this who actively work in reinforcing the alienation process including members of the family, friends, neighbours, representing solicitor etc. This makes the task of the mediator extremely difficult, even dangerous, even dangerous, this is because in making a decision, even if not supported by the court, one side may be favoured over the other. If and when there is an alienator, he/she will undoubtedly feel disaffected and even become extremely hostile to the expert and feel very much the same as they feel towards the alienated parent. The matter is complicated by the fact that much programming is subtle and the perpetrator may not even be aware of how they alienate and programme the child so that the child does not wish to have contact with the absent parent.

A number of psychologists and psychiatrists, including myself, have been reported to their professional bodies in the form of complaints alleging bias or substandard treatment. It is therefore little wonder that many psychologists and psychiatrists stay away from such a ‘poisoned chalice'.

Those who have less courage carry out the typical ‘fence sitting' act! They will avoid terms like alienation, programming or brainwashing of a child. Instead they will agree with the alienator, that the child and not the alienator is responsible for the situation where contact is refused with the non resident parent. This is despite a history of the child having had a warm and loving relationship with that now sidelined parent.

Hence such cases require the most stringent collection of evidence and drawing together honest conclusions from that evidence. This is despite the fact that the expert witness will equally be alienated because of siding with the plight of the alienated parent.

If the price for upholding one's principle leads to potential penalties, then I for one will accept whatever may follow. It is hoped that other experts will do the same. In this way the honest and just decision which should be made will help forward the cause of those suffering from parental alienation.

Ludwig Lowenstein Ph. D.
Southern England Psychological Services
March 2006

Reference: A GUIDE TO THE PARENTAL ALIENATION SYNDROME Stan Hayward FNF Research Officer