Parental Alienation Syndrome in Court
Mental health professionals increasingly diagnose Parental Alienation Syndrome (PAS) in child custody matters. Critics of this diagnostic label, however, believe that it lacks an adequate scientific foundation and that testimony regarding this diagnosis, its course, and its treatment should be inadmissible.
This monograph, originally prepared as a chapter for a manual on expert witness testimony published in 1999 by the State Bar of Texas, examines the issues behind this controversy from a social science and legal perspective. Though written for attorneys, expert witnesses will also find it valuable in preparing for testimony and anticipating cross-examination. The monograph is free of jargon, so it will also help parents who are the targets of alienation or who have been falsely accused of promulgating parental alienation syndrome.
The monograph begins with a general description of parental alienation syndrome and its symptoms, recommended treatment, and research on the efficacy of alternative interventions by mental health professionals and courts.
The next section presents a critical analysis of such common issues as:
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- Is parental alienation syndrome a distinct phenomenon?
- Has parental alienation syndrome passed peer review?
- Reliability and validity of parental alienation syndrome
- Does the concept of parental alienation syndrome unfairly blame one parent for family dysfunction?
- and, perhaps the most controversial issue: Should children be forced to spend time with the target parent?
A section on case law provides some citations regarding parental alienation syndrome testimony, and discusses statutes and case law regarding sanctions for visitation refusal, and articles by attorneys and judges on parental alienation syndrome. The monograph concludes with specific suggestions for proposing and opposing admission of parental alienation syndrome testimony, and a discussion of seven potential errors in diagnosing parental alienation syndrome.
This document contains 86 footnotes from a total of 58 different references, many of which can be obtained free of charge from the Internet addresses provided. A valuable resource for anyone concerned with parental alienation syndrome issues.
This journal article is included in Dr. Warshak’s forthcoming book, The Psychology of Alienated Children: When Children Reject Parents, Volume 1 of the Collected Papers of Richard A. Warshak. The book will be available in January 2026 and links for purchase will be on warshak.com.
The Psychology of Alienated Children conveniently brings together, in one low-cost volume, 15 of my most important papers on parental alienation. For some time, I have been concerned about the high cost to parents and professionals who want copies of certain published articles and book chapters. One chapter in this book is available only from its legal publisher through the subscription price of $976. Another chapter is unavailable at any price. The remaining 13 chapters would cost $562 if acquired from the publishers of the original papers.
The publisher of The Psychology of Alienated Children agreed to keep the price below $50 to be accessible to those who need this material. I hope this will be a useful addition to your library.
Because the article is part of the forthcoming volume, I can no longer offer the manuscript for download. If you cannot purchase the book, the article is available for purchase directly from the publisher, or you can ask your local public library to add it to their collection.