Parental Alienation Syndrome: Austrian Case Studies

Running head: PARENTAL ALIENATION SYNDROME: AUSTRIAN CASE STUDIES

Parental Alienation Syndrome: Austrian Case Studies Aron Blesch University of the Rockies October 28, 2013

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PARENTAL ALIENATION SYNDROME: AUSTRIAN CASE STUDIES

Abstract The purpose of the proposed study is to discover and understand how noncustodial Austrian fathers describe and experience the effects of either parental alienation or parental alienation syndrome (PAS). The investigation will include a minimum of 150 Austrian men who have experienced alienative behavior from their former partners concerning their children. The present day status of the surveyed fathers will be evaluated in this ethnography.

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The Proposal’s Rationale Although it is a phenomenon accepted by many psychiatric professionals, parental alienation syndrome (PAS) is not recognized in the DSM as a disorder (Avitia, 2011). Much research is still necessary to establish a standardized assessment in order for the disorder to gain entry into the DSM. At present there are three essential elements in the definition of parental alienation syndrome: (a) rejection or denigration of a parent that is persistent and arises to the level of a campaign, (b) the rejection is not justified, and (c) it is partly the result of the non-alienated parent‘s influence (Baker and Darnell, 2007; Warshak, 2001). All three elements must be applicable for there to be a diagnosis parental alienation syndrome; otherwise, the application of the term PAS is not a valid assessment (Avitia, 2011). To date there has been limited research on parental alienation syndrome in Austria. Typically, PAS is a phenomenon occurring largely in disputed divorce cases in which children are alienated against another “target” parent, often resulting in the child’s refusal to have contact with the target parent (Carey, 2003). There is even less research on the impact PAS has had on Austrian fathers, who by virtue of not have been married to their former partner, have had scarce visitation rights to their children upon the relationship’s demise. The proposed study will make reference to the ongoing debate over parental alienation syndrome, and will explore the problem of PAS and parental alienation in general in Austrian communities. Following Richard Gardner’s (2002) concept of PAS, the research project will involve biographical perspectives in which Austrian men will share their experiences of alienation. During the interview process, rapport and empathy with the participants will be established; it is vital that the study view the participants as victims or survivors of parental alienation. In order to see their world more astutely as a cultural community as per their experience in an Austrian context, an ethnographic methodology will be incorporated into the study.

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Research Questions The central research question to be addressed in the study is: how has parental alienation and/or PAS affected Austrian fathers? Subsequent research questions include: how has the alienation impacted and affected the participants’ relationships with their children? What is its affect on their educational and goal attainment? Was or is there any bearing on their romantic relationship development? How do they assess the impact of any legal and therapeutic interventions on trying to stop the alienation? To what extent are participants optimistic about the current legal landscape that may afford more visitation rights? These questions will form the heart of the study’s investigation. Literature Review The literature review has pointed to the need for more research and investigation into fathers’ perspectives and experiences of parental alienation. According to Berk (2012), Reay (2007) stated that there is a need to investigate PAS due to the concept being relatively new and the research scarce. There is a particular need for further research on fathers because the experience of alienation requires familiarity with the dynamics of alienation (Avitia, 2011; Harper & Fine, 2006; Henley & Pasley, 2005; Reay, 2007; Vassiliou & Cartwright, 2001). Berk (2012) stated that the absence of data on the experience of alienation from the perspective of fathers may serve to hinder their efforts to be better parents; it may also reinforce their experience of alienation as an outcome that is sanctioned by society. In spite of there being a plethora of studies examining the parent-child relationship, the father remains in the periphery, if present at all (Ford 2008, p.285). Ford (2008) stated that studies on the parent-child relationship under represent and also misrepresent fathers’ perspectives. Ford also claimed that most studies evaluate the father-child relationship using the same theories as those used to evaluate the mother-child relationship.

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The Experience of Parental Alienation Close father-child relationships have a positive impact on children’s development. There is a preponderance of literature revealing a connection between absent fathers and children with behavioral, emotional, and psychological problems (Berk, 2012). According to Berk (2012) the perspective of fathers on the experience of alienation, absence, divorce, and court interventions remains under-represented in the majority of the literature. Consequently, the relatively new interest in fathers’ experiences of alienation needs more examination and empirical research. The urgency for more research in Austria constitutes the reason for the proposal, as Austrian family courts have had the power to limit, restrict, or suspend a father’s access to his children, inherently due to the cultural under representation and misrepresentation of fathers’ perspectives (Bogle, 2005). Austrian mothers in turn have much power, vicariously through the court system, to alienate fathers from their children (Franklin, 2012). There is a clear need to examine more substantively what role PAS plays in Austrian fathers’ lives because the research literature shows that there is often a pattern of manipulative behavior among custodial parents to inflict abuse upon noncustodial parents (Avitia, 2011). According to Avitia (2011) mothers are more likely to engage in PAS due to anger over the divorce or separation, and having greater agentive power. Avitia’s findings support Gardner‘s research that held that mothers were more likely than fathers to engage in PAS (Gardner, 2002). Parental Alienation Syndrome According to Gardner (2002) parental alienation syndrome is a childhood disorder that arises almost exclusively in the context of child-custody disputes. Its primary manifestation is the campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrinations and the child’s own contributions to the vilification of the target parent. To support this theory

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Gardner (1985) revamped and morphed Freudian thought into his conception of parental alienation. According to Bessette (2008) Freud theorized that children must successfully maneuver through several stages of sexual development in order to become well-adjusted adults. He stated that these stages were directly related to parenting styles that could either advance sexual maturation of children or, at their worst, arrest their sexual development causing them irreparable psychological problems as adults. Freud conjectured that the majority of people unconsciously hated their parents and wished to “get rid of them”. These feelings were assumed to start in infancy as children maneuvered precariously through four stages of sexual development and were forced, through fear of castration, to reject their sexual attraction to a parent (Freud, 1916). Freud (1916) described children as being polymorphously perverse, since they exhibit no shame in their lust, put no importance between males and females, showed no disgust with excreta, and are amoral and possess no internal inhibitions against their impulses striving for pleasure. Gardner saw the alienating parent as capitalizing on this Freudian propensity in children by manipulating the child to project and animate these tendencies onto the demonized parent. Gardner (1985) argued that the relationship between the child and the alienated parent must be immediately restored, lest it be lost forever due to this unfolding. Advocates for fathers have urged courts to transfer custody from the alienating parent to the target parent as the best means to undo the effects of PAS. Such calls are not met without debate and disagreement, however. Brauch (2002) as stated by Baldwin (2008) argued that such action places a child at unnecessary risk, especially in cases where abuse is suspected but not yet proven.

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Treatment for the Alienating Parent Whether PAS rises to the level of a psychological syndrome included in the DSM and admissible in court is yet uncertain. Its proponents continue to argue that it is a form of child abuse, the child being the ultimate victim. The alienating parent essentially cuts the child off from one of the most important relationships in the child’s life. According to Donner (2006), treatment for parents who have the propensity to hurt their child through parental alienation and other means is difficult. Intervention programs are not able to address the complex problems of parents overwhelmed by their unconscious desire to hurt or damage their own child. This makes psychoanalytically informed treatment particularly well suited for such parents. A court order that tells parents not to disparage each other in front of the children will have limited impact on a parent whose internal world is dominated by anxiety, fear, rage, and helplessness; such parents have developed a mode of thought that permits them to recognize that though it would be wrong for the target parent to disparage them, they are not at fault for continuing to disparage the parent in question. Cognitive treatment that recognizes and isolates such modes of unethical thinking, and a therapist trained to assist the patient in self-examination along these lines, can assist parents in changing their behavior towards the target parent (Donner, 2006). Historical Background Gardner’s (1985) theory of PAS was not the first account of parental alienation. Reich (1949) wrote of mothers seeking revenge on their partners by robbing them of their children. Acknowledging Reich’s earlier work, Gardner claimed that parental alienation began increasing in occurrence in the late 1970s and early 1980s as courts began changing the way in which custody was decided. Historically, from the mid 19th century up until the 1970s, in the United States, Britain, and in European states such as Germany and Austria, family law

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had subscribed to the tender years doctrine. Prior to this, early English common law always gave custody to fathers (Baldwin, 2008).

The passing of the Custody of Infants Act of 1839 altered English common law practice and established a presumption of maternal custody for children “of tender years” (generally regarded as the age of thirteen and under). Other European and American courts and legislatures began following suit (Baldwin, 2008). The tender years doctrine was gradually replaced towards the end of the 20th century in the legislation of most US states, by the "best interests of the child" doctrine of custody. In so doing, several courts ruled that the tender years doctrine violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution (Baldwin, 2008).

An Overview of Child Custody Practices in the EU

The tender years doctrine has been gradually abolished in the majority of EU states including Germany and Austria. In Austria, joint custody is now codified into law. Yet, in practice joint custody is only feasible so long as the mother agrees to it (Franklin, 2012). According to Boele-Woelki and Martiny (2007) while the Principles of European Family Law Regarding Parental Responsibilities state that two parents are equal and their parental responsibilities should not be affected by the dissolution or annulment of the marriage or other formal relationship or by the legal or factual separation between them, in practice courts still are prone to follow the tender years doctrine (Franklin, 2012). Critics of family court practices in this regard contend that although the tender years doctrine has formally been replaced by the best interests of the child rule, the older doctrine is still in place. In the United States, statistics from the U.S. Census Bureau indicate that family courts still demonstrate an overwhelming preference to place the children of divorce in the custody of the mother (Grall, 2003). A study conducted by FACT Canada showed the mothers are awarded

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the sole custody of their children in more than 80% of cases (“Spin Versus Honesty,” 2003). The situation is not much different in EU countries where in countries such as Austria, Germany and Romania, the mother is granted custody in nearly 85% of cases (Cambir, Duma, Pietreanu, Ionita & Pacurar, 2009).

Critics of Child Custody Practices in Germany

Critics of child custody laws in Germany maintain that the father must prove the mother to be an unfit parent before he is awarded primary custody, while the mother need not prove the father unfit in order to win custody herself. According to Franklin (2012) in 2010, a German court ruled that giving unmarried mothers complete power over the parental rights of the fathers of their children violated both German law and the treaties of the European Union. Franklin (2012) reported that it took the German government over two years to come up with a highly unsatisfactory “solution” to the problem of placing fathers’ rights in mothers’ hands. This consisted of a recommendation to require single fathers to petition the court for their rights which could still be denied by the mother if she produced a good reason why the child should not see his or her dad. Just what those “good reasons” might consist of, no one yet seems to know, reported Franklin. Franklin (2012) went on to argue that allegations of domestic violence and/or child abuse will surely become the default position of all mothers bent on denying a father to their child.

Parental Rights of Fathers in Austria

Regarding the custody of children in Austria, a recent news report in the Vienna Times reported that as a result of the events in Germany, the Constitutional Court in Vienna ruled in July of 2012 that more rights need to be given to unmarried fathers seeking joint or single custody of their children. The high court stated that it is only fair that fathers who have never married the mother of their children are given as much chance to a family life as their

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married or divorced counterparts. The National Council has until January 2013 to come up with a strategy to bring reform to the current system, reported the article (“Custody Battles,” 2012). The Vienna Times also stated that judges were worried that the change in law might lead to a flood of new cases, which current staffing levels would not be able to accommodate. Doris Täubel-Weinreich, chairwoman of the body that represents family court judges, said to the newspaper, "We are worried this will lead to an explosion in the number of cases. If that is the case, we will need many more staff” (“Custody Battles,” 2012). At present there are currently 750,000 Austrian fathers who do not have custody rights to their own children (“Custody Battles,” 2012). How many of these men have experienced or are at the risk of experiencing parental alienation? Summary of the Literature Review The literature review has shown the necessity for more research and investigation into fathers’ perspectives of the parental alienation. As stated by Berk (2012), researchers have surmised that the absence of data on the experience of alienation from the father’s perspective may act to curb the efforts of fathers to better themselves as parents. There is a much literature showing a link between absent fathers and children with behavioral, emotional, and psychological problems. Consequently, the newfound interest in the father’s account of alienation necessitates more investigation and research. The urgent legal circumstances in Austria underscore the motivation for this proposal. Austrian mothers have much latitude to curtail access to and alienate fathers from their children, all of which is afforded to them by the courts, who continue to practice the tender years doctrine (Franklin, 2012). Austria’s population numbers nearly 8.5 million people. At present there are 750,000 fathers in Austria who do not have custody rights. Many may be at risk of experiencing parental alienation upon separation from their respective partner.

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According to Gardner (2002) parental alienation syndrome is a childhood disorder that almost always arises in the framework of child-custody disputes. Its primary characteristic is the campaign of denigration against a parent, a campaign that has no reasonable justification or merit. It results from the combination of a programming (brainwashing) the alienating parent’s indoctrinations and the child’s own contributions to the vilification of the target parent. To support his theory Gardner (1985) relied heavily on Freudian thought and specifically the conjecture that the majority of people unconsciously hated their parents and wished to be free of them. The alienating parent feeds into this aspect of the child’s psyche, and projects it onto the alienated and demonized parent. In spite of the preponderance of literature supporting PAS, it is not officially classified as a psychological syndrome in the DSM. Neither is it admissible in court. Its advocates continue to assert that parental alienation is a form of child abuse. Research Methodology An ethnographic methodology is incorporated into the proposed Austrian study. Interviews and observation are the ethnographic techniques that will be employed in order to interpret meaning and gain insight. The perspectives on ethnographic methodology as stated by Suzuki, Ahluwalia, Mattis, and Quizon (2005) will be reflected in the study. Accordingly, the study will be socially and culturally orientated research that focuses on exploring the nature of parental alienation in Austrian communities. The study as an ethnography will reflect participants’ narratives: their accounts that are embedded in the context of Austrian society and norms of parental expectation in situations of separation and divorce. Without such a framework, the data would be otherwise interpreted on the basis of the researcher’s uninformed perceptions (Suzuki, Ahluwalia, Mattis, and Quizon, 2005). Moreover, an ethnological approach is necessary because the research is being conducted in Austria on Austrian fathers in the context of their direct experience with the normative culture. This approach best provides a method of data collection and analysis that will lead to a

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comprehensive description of PAS as well as to a deeper understanding of the perspectives of participants (Leedy & Ormrod, 2010). Target Population and Participant Selection The purpose of the study is to gain more understanding regarding the short and long term effects of parental alienation syndrome on Austrian fathers. Therefore, Austrian men who became fathers between the 1970s and 2000s, will be interviewed about their experiences with parental alienation. In order perform an ethnographic study from this period, 150 Austrian men who became fathers between the 1970s and 2000s, will be interviewed about their experiences with parental alienation. It will be important to choose males who have experiences of long term alienation spanning over six months, which is ongoing at the time of the interview or alienation that was ongoing until the children reached the age of maturity, which is 16 years of age in Austria. Participants must not have been convicted of any offence involving child abuse or neglect, where the alienation may have been an appropriate response. Each participant must want or must have wanted contact with their children, but was denied such due to the alienation. The target population is comprised of noncustodial Austrian fathers who experienced or are experiencing parental alienation syndrome. The characteristics of the sample that will provide data to answer the research question will be: 1. Austrian males who are noncustodial parents. 2. Austrian men who are not the custodial parent of a child 16 years old or younger. 3. Austrian men who are experiencing the three elements of parental alienation syndrome identified by Baker and Darnell (2007) and Warshak (2001). The selection of participants will follow a purposeful sampling strategy. Purposeful sampling is a process where the researcher uses non-random sampling, allowing the freedom to select a suitable number of participants for the study who have experience related to the phenomenon of interest and whom can provide rich, descriptive data (Avitia, 2011). The

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intended sample size is 150 participants. However, if not enough information is gathered after the interviews to gain a 95% confidence interval, interview participants will be continued to be recruited until the study can be statistically validated. The intended sample size falls within the range for phenomenological and ethnographic studies (Polkinshorne, 2005; Hughes, 1995). Data Collection It is vital during the course of the interviews to collect responses pertaining to central themes: the impact of the alienation on participants’ relationships with their children, their educational and goal attainment, and their romantic relationship development, as well as the impact of any legal and therapeutic interventions on trying to ameliorate the alienation. The study will also touch upon present day changes that are occurring in Austrian child custody laws that ultimately aim to reverse the current practice of granting mothers automatic custody of their children. Participants will be asked if they plan to take advantage of such changes. The data collection will be done using face-to-face, semi-structured, in-depth interviews with open-ended comments and questions. The interviews will be highly concentrated on the topic of PAS, making responses easy to locate and compare, facilitating later analysis. Additionally, the interviews will be recorded and transcribed later. Notes will be taken to record non-verbal behavior. According to Avitia (2011), the data should allow analysis of the accounts and provide a full description and true meaning of the person’s social world. This leaves little room for researcher bias or the changing of the richness of the participant’s account. Data Analysis Pertaining to the evaluation of cultural communities ethnographically, Suzuki, Ahluwalia, Mattis, and Quizon, (2005) described forms of social and cultural research that focus on (a) exploring the nature of a particular social or cultural experience, (b) gather and use unstructured data, (c) use a relatively small number of participants, and (d) interpret the meanings of human behavior. When interpreting and analyzing data in such contexts it is

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useful to utilize epoche, a phenomenological strategy to set aside one’s own experiences, prejudgments, and preconceptions as much as possible in order to conduct interviews in an empathetic, unbiased, and receptive manner. Wertz (2005) as stated by Avitia (2011), explained epoche as a process that involves a return to phenomenon as they are lived, in contrast to beginning with preconceptions. To help curb bias and preconceptions, the research team will be asked to set aside any assumptions of it being ethical for Austrian courts to continue to practice the tender years doctrine; any relevant preconceptions will be asked to be rejected on the grounds that such practices are a violation of the EU equivalent of the Equal Protection Clause. PAS, furthermore, will be asked to be accepted as a phenomenon as per the criteria aforementioned. The use of epoche along with normative quantitative, statistical measures will be applied in data analysis accordingly. Methods of Achieving Validity Freeman, deMarrais, Preissle, Roulston, and St. Pierre, (2007) described notions of validity in qualitative research. Qualitative data is produced from social interactions and are, therefore, constructions and interpretations; there are no neutral players in terms of researchers and participants. How does this affect the validity of the participant’s data? The validity of the study will be found in the conclusions that are drawn from the data, and if those claims come out of a framework that is trustworthy. Criteria were proposed by Lincoln (2002) per the recommendation that data should be taken from an adequate selection from the total corpus of data and that the researcher should try not to promote his or her own stake in interpretations. Therefore, in order to maintain the integrity of the study, there will be an avoidance of extolling a body politic in the PAS debate. Without question there is polarization between various feminist groups who argue against the preponderance of parental alienation syndrome and father’s rights groups who feel it is pervasive. Taking as neutral a

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position as possible in the debate, and holding no loyalty to either group, will assist in keeping the study trustworthy.

Morrow (2005) compiled the major components of trustworthiness to use as a systematic reference guide for qualitative investigations. Here validity and trustworthiness denote an explicit scientific context and purpose, appropriate methods, respect for participants, specification of methods, appropriate discussion, clarity of presentation, and contribution of knowledge (Elliott, Fischer, & Rennie, 1999). Other characteristics include an up-to-date and accurate literature review, a conceptual framework, and rationale for the study as well as clear and well-articulated research questions (Choudhuri, Glauser, & Peregoy, 2004; Ponterotto, 1994). Situating the sample, grounding in examples, providing credibility checks, coherence, and resonating with readers are key ways to ensure validity (Elliott et al.,1999).

Ethical Problems

Issues of informed consent are vitally important in any participant oriented study because as stated in standard 8.02 in the APA’s ethics code, there is inherently a need to ask questions and receive answers in qualitative research scenarios (American Psychological Association, 2010); it is the bread and butter of such research. The guidelines as stated in the standard will be followed, the practice of respect being integral to informed consent.

Havercamp (2005) raised issues involving informed consent in terms of what could transpire during the eventual interviews. A primary concern is that perhaps participants may begin conveying information that they had not initially intended to, and did not give consent for. Because of the emotional nature of the discussion, this is a real possibility. Informed consent will need to be an ongoing matter, therefore, not a single event. As stated in standard 8.07 of the ethical principles and code of conduct, it will be extremely important to reiterate

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consent, so that accusations of deception will not be levied (American Psychological Association, 2010).

Limitations of the Study

Although the ethnographic study will substantiate a basis for understanding the experiences of noncustodial Austrian fathers and the effects parental alienation syndrome has had on them, the study will be somewhat limited by the number of participants and the sample location, which will be largely in Vienna, Austria. Furthermore, no claims of external validity or generalizability will be possible due to purposively sampling the data. Studies that randomly select participants from the most diverse and representative populations are more likely to have external validity and generalizability. Therefore, it will be very difficult to generalize the findings to groups that were not included in the study.

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PARENTAL ALIENATION SYNDROME: AUSTRIAN CASE STUDIES

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Appendix A 1. What was your relationship with your son or daughter like before the separation? 2. What occurred that made you realize that the alienation syndrome was going on? 3. What did you do in response or retaliation? How did it affect or impact the problem? 4. What things do you feel contributed to the alienation? How do you think you may have contributed to the problem? 5. In your opinion what was or what is the root cause of the alienation? 6. How do Austrian custody laws contribute to the problem? As the non-custodial parent, how does this make you feel? 7. What kind of attitudes and behaviors does your child show towards you today? 8. How does this make you feel in general? 9. How much influence has the child’s mother had on your child‘s behavior and actions? How has she affected the relationship? 10. How has the mother’s actions affected your relationship with your child? 11. Have you done anything to try to change the situation? 12. Does the alienation affect your extended family, and if so, please explain how? 13. What effects has this syndrome had on your life, both personal and professionally? 14. To what extent are you hopeful in light of current changes in child custody laws that are being proposed in Austria for fathers in your situation? 15. What are your additional thoughts and feelings?