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Child Custody Outcomes in Cases Involving Parental Alienation and Abuse Allegations, United States, 2005-2014

Metadata Updated: November 28, 2023

A troubling aspect of justice system response to intimate partner violence is custody courts' failure to protect children when mothers allege the father is abusive. Family courts' errors in assessing adult and child abuse, and punitive responses to abuse allegations, have been widely documented. A significant contributor to these errors is the pseudo-scientific theory of parental alienation (PA). Originally termed parental alienation syndrome (PAS), the theory suggests that when mothers allege that a child is not safe with the father, they are doing so illegitimately, to alienate the child from the father. PA labeling often results in dismissal of women's and children's reports of abuse, and sometimes trumps even expert child abuse evaluations. PAS was explicitly based on negative stereotypes of mothers and has been widely discredited. However, the term parental alienation is still widely used in ways that are virtually identical to PAS. However, because PA is nominally gender neutral (and not called a scientific syndrome), it continues to have substantial credibility in court. The first goal of the study was to ascertain whether empirical evidence indicated that parental alienation is also gender-biased in practice and outcome. Drawing from courts' own reports of facts, findings, and outcomes, such research could inform advocates and the courts regarding the validity or invalidity of relying on PA to strip mothers of their children and potentially subject children to ongoing abuse. Second, inspired by some tentative findings, the study sought to explore outcomes in custody/abuse litigation by gender and by differing types of abuse. The study relied solely on electronically available published opinions in child custody cases; to date, the researchers have identified 240 cases involving alienation and alienation plus abuse. The researchers sought to expand the database to include non-alienation abuse cases as a comparison, and to address additional questions about custody/abuse adjudications.

Access & Use Information

Restricted: This dataset can only be accessed or used under certain conditions. License: us-pd

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Dates

Metadata Created Date August 18, 2021
Metadata Updated Date November 28, 2023

Metadata Source

Harvested from DOJ JSON

Additional Metadata

Resource Type Dataset
Metadata Created Date August 18, 2021
Metadata Updated Date November 28, 2023
Publisher National Institute of Justice
Maintainer
Identifier 3636
Data First Published 2020-04-28T13:41:48
Language eng
Data Last Modified 2021-03-30T10:14:50
Rights These data are restricted due to the increased risk of violation of confidentiality of respondent and subject data.
Public Access Level restricted public
Bureau Code 011:21
Metadata Context https://project-open-data.cio.gov/v1.1/schema/catalog.jsonld
Metadata Catalog ID https://www.justice.gov/data.json
Schema Version https://project-open-data.cio.gov/v1.1/schema
Catalog Describedby https://project-open-data.cio.gov/v1.1/schema/catalog.json
Harvest Object Id de56bea5-a521-47f7-8b96-17ed7be1ccee
Harvest Source Id 3290e90a-116f-42fc-86ac-e65521ef3b68
Harvest Source Title DOJ JSON
License http://www.usa.gov/publicdomain/label/1.0/
Program Code 011:060
Publisher Hierarchy Office of Justice Programs > National Institute of Justice
Source Datajson Identifier True
Source Hash 21604530906b406273391ab4668899ff5e9ca8bc9c8837b7c941201e32c8e3f0
Source Schema Version 1.1

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