Parental alienation: what does Belgian law say (or not say)?

What is parental alienation?

The concept of parental alienation originated in the United States (parental alienation) and spread to Belgium. There is no clear definition of parental alienation in either law or legal theory. In summary, parental alienation occurs when a child completely cuts off contact with one of their parents because the other parent is emotionally manipulating them. This means that the breaking off of contact is not attributable to the child's own negative experiences or any objectively verifiable shortcoming of the rejected parent. We often see the alienating parent engage in this behavior to improve their own position in legal proceedings and, for example, obtain a more favorable custody arrangement.

Legal theory identifies four cumulative conditions for parental alienation:

1. One parent obstructs the relationship and contact between the other parent and the child;
2. False accusations of abuse, maltreatment, or poor parenting are made;
3. The child exhibits a fearful reaction toward the alienated parent;
4. The relationship between the alienated parent and the child has only deteriorated since the breakup.

Is there a difference between parental alienation and parental alienation?

Rejection of one parent is found in both parental alienation and parental estrangement. The essential difference between the two concepts lies in the reason and the timing of the rejection by the child. Parental alienation involves a conflictual relationship between parent and child that originated before the breakup. At that point, there is a "valid reason." With parental alienation, there is no "valid reason," and the rejection occurs after the breakup and is explicitly the fault of the other parent. Of course, in practice, it is sometimes difficult to determine whether parental alienation or parental alienation has occurred.

How does a Family Court deal with parental alienation?

Several studies have examined how family court judges handle the concept of parental alienation. These studies show that family court judges often struggle to explicitly use this concept in, for example, a judgment, due to the ambiguity of legal doctrine. Therefore, they often don't explicitly mention parental alienation, but instead frame it within other, more common terms. After all, every decision a family court judge makes must be based on the best interests of the child.

If a family court judge suspects a serious form of parental alienation, they have several tools at their disposal to investigate this. For example, they may order a social investigation, but a more in-depth psychological expert assessment is also an option.

What legal remedies exist in cases of parental alienation?

When a Family Court judge determines that parental alienation has occurred, there are several legal options available to resolve the situation. If there has been a prolonged lack of contact between the alienated parent and the child, restoring contact will often be attempted. In highly tense situations, restoring contact may be initiated through a neutral visitation room. A neutral visitation room is a specially equipped facility where children can meet their parent under the supervision of a qualified third party. This third party, often a professional, ensures that the visitation takes place safely and constructively. If the visitation through the neutral visitation room is successful, an evaluation hearing will often lead to increased contact with the alienated parent. This will be gradually increased by the Family Court judge, with the best interests of the child in mind.