The psychological effects of Covid-19 and lockdown on parental alienation Emotional harm as a remedy for an alienated parent?

ABSTRACT

The COVID-19 lockdown has severed many families, where they found themselves having a limited period to decide who would live where and with whom. In other instances, it cemented the divide which already existed for the non-custodial parent. Parents found themselves in a tug-of war over the children and with courts being temporarily closed during this time, travel restrictions and lockdown regulations, it became harder to enforce custody agreements. This worked out somewhat perfectly for the parent who tried to alienate their children from the other parent. Parental alienation is a recurring problem that affects many families who are experiencing high conflict, separation and divorce. Parental alienation can be defined as a process whereby one parent undermines the child's previously intact relationship with the other parent. It creates a situation where the alienating parent teaches the child to reject the other parent, to fear the parent and to avoid having contact with that parent. Although not much has been done to officially recognise parental alienation in South African courts, the law advocates for the best interests of the child in terms of the Children's Act 38 of 2005. Although parental alienation has been described in the psychiatric literature for at least 60 years, it has never been considered for the inclusion in the Diagnostic and Statistical Manual of Mental Disorders (DSM). Nonetheless there have been various proposals and opinions that parental alienation be included in the definition. In addition, parental alienation does have emotional consequences to an alienated parent. When an alienator parent's conduct leads a child to reject the other parent, the alienated parent's emotional response usually includes a "sense of powerlessness and frustration", stress, loss, grief, anger, fear and feelings of pain, anxiety, deficiency, humiliation and being unloved. Ultimately, the alienated parent experiences the anguish of the loss of a child, which in turn causes that parent immense mental pain and suffering. This is similar to loss and is combined with the continuing concern for the child. The long-time existence of parental alienation and its lack of appropriate legislative consequences is a cause for concern. Unless effective deterrents to parental alienation are implemented, it is a fair prediction that alienation will continue. This paper will focus and discuss the civil remedies that are available for an affected parent. The paper will further propose that the additional delictual remedy for emotional distress and harm be utilised by an alienated parent against the alienator if their case warrants it.