Open AccessINVESTIGATING PARENTAL ALIENATION AS A FORM OF DOMESTIC VIOLENCE, CHILD ABUSE AND HARASSMENT: A LEGAL HYPOTHESIS
Author(s) -
Charnelle Van der Bijl
Publication year - 2016
Publication title -
obiter (port elizabeth. online)/obiter (port elizabeth)
Language(s) - English
Resource type - Journals
eISSN - 2709-555X
pISSN - 1682-5853
DOI - 10.17159/obiter.v37i1.11567
Subject(s) - alienation , harassment , context (archaeology) , criminology , economic justice , domestic violence , tort , legislation , family law , phenomenon , law , psychology , political science , social psychology , poison control , human factors and ergonomics , medicine , physics , quantum mechanics , paleontology , liability , environmental health , biology
This note, however, does not focus on the role of parental alienation syndrome in the law, but avoids the controversy concerning PAS as a syndrome by concentrating on parental alienation conduct instead. The purpose is, therefore, to examine such behaviour in the context of domestic violence and harassment, which are subject to legal sanction and legal consequences. Although this behaviour may also amount to a specific crime, such as crimen iniuria, defeating or obstructing the course of justice, or defamation, that forms a separate discourse and is not addressed here. The first part of this note examines parental alienation as a form of psychological violence and abuse. As a wealth of literature already exists in the UnitedStates, this phenomenon is examined in the context of family law and tort law (law of delict) in the USA. Finally, this note provides an alternate hypothesis whereby parental alienation conduct is explored under the legal framework of domestic violence and harassment legislation.