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THE (DE)CONSTRUCTION OF CONFLICT IN DIVORCE LITIGATION: A DISCURSIVE CRITIQUE OF “PARENTAL ALIENATION SYNDROME” AND “THE ALIENATED CHILD”
Author(s) -
Blank G. Kim,
Ney Tara
Publication year - 2006
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.1744-1617.2006.00072.x
Subject(s) - ideology , adversarial system , alienation , mental health , sociology , psychology , criminology , social psychology , law , political science , psychotherapist , politics
In high‐conflict divorce litigation involving custody and access, mental‐health professionals are often used to assess the case and make recommendations. Using Foucauldian theories of discourse, this article suggests that these assessments, which are intended to resolve the conflict or offer profitable information, often participate in the conflict by constructing assessments and diagnoses that fit with legal discourse, and thus with the outcomes of adversarial‐styled rulings and ideologically driven interests. This article suggests that so long as such professionals are driven by the privileged discourse of law and psychology/psychiatry, the best interests of those at the center of the conflict can have their experience co‐opted by the iatrogenic features of these discourses.