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Child’s Best Interests

The paramount principle under the Family Law Act that overarches parenting is that it is all about the best interests of the child. The Act aims to ensure children can enjoy a meaningful relationship with each parent and that they are to be protected from harm. This harm includes psychological harm in the form of parental alienation.


Parental alienation is a situation in which one parent deliberately undermines the child’s relationship with the other parent, with the intent of permanently damaging that relationship, and results in the child’s rejection of that parent.


The child’s rejection of one parent is not based on that child’s own experience, but rather it reflects the opinions and attitudes of the other parent. The parent engaging in alienation often turns the child against the other parent by lying, manipulation, and brainwashing the child into believing the other parent is bad, has abandoned the child or is an unfit parent.


Parental alienation can be exercised by both parents, however statistics show it is often the primary caregiver, or the mother, who engages in this type of conduct.


Parental alienation can have long lasting and profoundly negative effects on both the children and the parents.  Early intervention is essential in order to prevent the children from adopting negative feelings and resentment towards the other parent and becoming entrenched with theses negative opinions and feelings.


Parental alienation is a complex issue and dealing with it can be very frustrating and slow. The Court places significant weight on the right of a child to have a meaningful relationship with both parents, and does not look favourably on a parent who fails to promote their children’s relationship with the other parent.


If you are experiencing parental alienation contact Smoke Family Law to discuss your situation and determine the best way forward. Smoke Family Law are specialist family lawyers and can provide you appropriate advice in your family law matter.


📲 0499 004 555

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