Read The Times Australia

Daily Bulletin

the debunked theory that women lie about violence is still used in court

  • Written by: Zoe Rathus, Senior Lecturer in Law, Griffith University
The Conversation

One Nation leader Pauline Hanson’s unfounded claim women that lie about domestic abuse to deny fathers access to their children is what’s driving the latest parliamentary inquiry into the family law system.

But this isn’t a new idea. Hanson’s claim stems from a history of discrediting women in the family court, with gendered expressions “parental alienation” and “parental alienation syndrome” emerging in the 1980s. They’re expressions you can expect to hear as the inquiry unfolds across the country over the next year.

Read more: We don't need another inquiry into family law – we need action

Parental alienation is hard to define because of its contested nature. But it is generally understood as the actions of one parent to prevent a child from having an ongoing relationship with the other parent.

Of course, there are cases where parents engage in despicable and irrational conduct towards each other after separation – and involve their children. Both mothers and fathers are capable of this.

But many parents accused of alienation are mothers alleging family violence or child sexual abuse.

And the consequences can be serious and detrimental to children if the court requires them to visit or live with an abusive parent.

While the theory of parental alienation syndrome was exposed as junk science, parental alienation is wielded by fathers’ rights groups and continues to have credibility in the family law system.

Parental alienation in Australian courts

Recent Australian research into family law cases shows parental alienation continues to be raised by fathers as a “defence” to child sexual abuse allegations.

When parental alienation is raised, mothers can experience intimidation from many angles – fathers, family report writers, judges and lawyers – all painting them as “hysterical, vindictive and manipulative women”.

This research is reflected in harrowing stories such as those Jess Hill and other journalists have gathered from women and children caught up in alienation claims in our family courts.

These problems still occur in Australia partly because the legislation regulating family law in Australia promotes a philosophy of “sharing children” after parents separate, in terms of decision-making and time.

While the term “parental alienation” is not in the family law act, a mother who is reluctant to send her children to their father may be perceived as obstructive in the face of this “sharing children” aspect of the law.

It’s a short distance from being seen as obstructive to being labelled alienating.

Read more: Forceful and dominant: men with sexist ideas of masculinity are more likely to abuse women

When an alienation accusation finds support from an expert witness or a judge, the children may be sent to live with the father and the mother’s access may be severely reduced or totally denied.

Although such an outcome does not always follow, orders transferring the residence of children to an allegedly abusive father are sometimes made, often against the strong and clear views of the children.

A debunked, outdated theory

The term parental alienation syndrome first appeared in Australia in 1989 in a widely read family law journal. The author, Kenneth Byrne, reported on this new concept called “parental alienation syndrome”, which had been coined by USA child psychiatrist Dr Richard Gardner a few years earlier.

Unfortunately, and incorrectly, Byrne informed his readers that although “some” claims of child abuse

are legitimate; many more are manifestations of [parental alienation syndrome] embedded in charges of abuse.

In 1995, the term parental alienation syndrome first appeared in a published case from the Australian Family Court.

It’s no coincidence this was when the first set of legislation amendments aimed at shared parenting were under consideration. Mothers who did not willingly send their children to their fathers came under scrutiny for their “hostile” attitude.

Read more: When mothers are killed by their partners, children often become ‘forgotten’ victims. It’s time they were given a voice

Research after those mid-1990s amendments found women were often disbelieved in their claims of family violence and child sexual abuse and such claims were often responded to with allegations of alienation.

Mothers even reported that their lawyers advised them not to raise violence for fear of being accused of being an alienator and potentially losing their children.

But research suggests deliberately false allegations are rare and Gardner’s clinical theory has since been debunked.

Despite this, parental alienation and parental alienation syndrome continue to be alleged in parenting cases. And research continues to be conducted both by scholars who see parental alienation as valid concept and by those, such as myself, who are concerned that the term is easily misused and is dangerous.

Unsafe arrangements for children

American researchers recently conducted a large study of cases involving parental alienation and abuse allegations.

They found where the father claimed parental alienation, courts were more than twice as likely to disbelieve any claims of abuse by mothers, and almost four times more likely to disbelieve allegations of child sexual abuse.

Read more: The family court does need reform, but not the way Pauline Hanson thinks

In Australia, the most recent inquiries about the family law system recommend repealing some of the sections of the Family Law Act that strongly promote shared parenting because of concerns that they sometimes silenced violence and created unsafe arrangements for children. But none of the recommendations from the recent inquiries have yet been implemented.

The new inquiry is an unsubtle attempt to push these concerns away – until the next child is abused or dies while visiting a parent against their wishes – and a new inquiry is called into how to deal better with family violence in family law.

Authors: Zoe Rathus, Senior Lecturer in Law, Griffith University

Read more http://theconversation.com/parental-alienation-the-debunked-theory-that-women-lie-about-violence-is-still-used-in-court-125823

Business News

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand mana...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...