Divorce Attorney
Parental Alienation in Divorce: Contact Refusal and Legal Remedies
Understanding Why It Happens and What You Can Do
What Is Parental Alienation and How Is It Addressed?
Divorce proceedings have far-reaching effects on the family unit — and on the children in particular. When divorce is conducted in a considered, settled manner based on full agreements regarding both parents’ relationship with their children, the children can navigate the transition as well as possible. In other cases, however, deep anger and hostility between the spouses can spill over to the children, ultimately leading a child to become alienated from one of their parents.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
"The Loss of Such a Significant Figure — Mother or Father — Forces the Child to Cope With Profound Emotional Distress"
Dr. Childers
Parental Alienation — Definition
Parental alienation refers to a situation in which a child becomes estranged from one of their parents. The alienation can take many forms depending on the circumstances in which it develops. The spectrum ranges from the child’s anger toward the targeted parent to extreme cases in which the parent is perceived as a harmful figure (a form of character assassination), leading the child to refuse all contact. In some cases, the refusal of contact is legitimate — meaning it is not true parental alienation but rather a justified response on the child’s part. Distinguishing between parental alienation and legitimate contact refusal is one of the most challenging tasks facing professionals in this field.
How Parental Alienation Develops
The most common setting for the development of parental alienation is divorce. When a couple divorces amid a deep rift, the children often become another battleground. Over time, this dynamic can force children to take sides with one parent, causing them to become alienated from the other. Divorce battles are typically charged with intense emotion, which sometimes leads one or both parents to act against their own interests — and against the best interests of their children. One of the most contentious issues is the question of custody and visitation arrangements, and the struggle over who is the primary caregiver. In many cases, one party accumulates significant anger toward the other and finds it difficult to separate that anger from the child’s need for a relationship with both parents. This anger may manifest in accusations of harm, claims of parental incompetence, and in some cases, false allegations of abuse or neglect. For more information on parental alienation and the legal remedies available, contact us to schedule a consultation.
Parental Alienation in the Context of Divorce
The younger a child is, the less able they are to understand the circumstances surrounding their parents’ divorce or the basis for the choices that accompany their parents’ separate lives. As a result, young children are particularly susceptible to influence by an alienating parent — to the point of placing complete trust in claims that have no basis in reality.
Research identifies three types of alienating parents: The naive alienator appears outwardly passive regarding the children’s relationship with the other parent, but in practice may contribute accusations, justifications, or create an atmosphere that supports the child’s alienation. The active alienator channels anger and fear into deliberate actions designed to alienate the child from the other parent, fully aware of what they are doing. The obsessive alienator is driven by a desire to harm the other parent and destroy the children’s relationship with them entirely.
Signs of Parental Alienation in a Child's Behavior
Common signs of parental alienation include: the child disparages the targeted parent through hostile perceptions, harmful behavior, and aggression — often extending the alienation to the parent’s extended family and friends. The child sees the preferred parent as entirely good and the alienated parent as entirely bad. The child offers unclear or weak justifications for severing the relationship. The child shows no remorse for the pain caused to the estranged parent and lacks the ability to empathize. The child receives unconditional support from the alienating parent. The child uses words and language that are uncharacteristic of their age.
Contact Refusal by the Child
Under Israeli law — in divorce proceedings that do not involve domestic violence — every parent has the right to spend time with their child and participate in their upbringing. Ideally, custody and visitation arrangements are agreed upon by the parties themselves. When the parents cannot reach an agreement, however, the family court or rabbinical court will make the determination. If you are facing a legal proceeding regarding custody or visitation arrangements, it is essential to be represented by an attorney who specializes in family law.
Important: Distinguishing Parental Alienation From Legitimate Contact Refusal
Courts carefully distinguish between true parental alienation and situations where a child’s refusal of contact is justified. In Case 30406-07-16, Judge Liat Dahan Hayon ruled that the lack of contact between a father and his daughters was not rooted in parental alienation by the mother. While the mother initially did not cooperate with treatment professionals, she later complied fully with court orders. The father, by contrast, demonstrated a lack of patience toward his daughters and the therapeutic process, and used the proceedings to perpetuate conflict with the mother. The court concluded that the father’s own conduct — which caused deep hurt, frustration, and a devastating sense of abandonment in his children — was responsible for the breakdown in the relationship. This was not parental alienation.
Parental Alienation and Custody Arrangements
There are various types of custody arrangements that determine how a child’s time is divided between parents during the week. In the most extreme cases of parental alienation, the child refuses any contact with one parent as part of the established custody schedule. For more information about contact refusal and its legal implications, consult a divorce attorney.
Parental alienation is a behavior that must be addressed with urgency, as the passage of time can significantly worsen the situation. Court records have documented cases in which a contact center report described classic signs of parental alienation: one parent arrives early, excited, and prepared for the meeting, while the other parent brings the children physically but creates emotional barriers to meaningful contact — refusing to sign agreements, failing to respond to calls, and ultimately preventing the children from spending time with the targeted parent. In such cases, legal professionals have concluded that the alienating parent’s conduct creates an extremely difficult situation for both the children and the estranged parent.
Rebuilding the Parent-Child Relationship Through a Contact Center
Contact refusal is the result of sustained psychological influence by the alienating parent — a form of emotional manipulation by one of the most significant figures in a child’s life. To address cases of contact refusal or less severe forms of parental alienation, it is essential to involve both therapeutic and legal professionals who can counterbalance the alienating behavior. A contact center is a facility operated by municipal welfare services where supervised sessions are conducted to rebuild the parent-child relationship. For more information about contact centers, consult a divorce attorney.
Supporting the Estranged Parent
A parent experiencing parental alienation may feel helpless in the face of their child’s unfounded accusations. It is important to remember that a child exhibiting signs of parental alienation is not acting on the basis of rational, independent choice — and should not be blamed. At the same time, some cases of estrangement are not driven by the other parent’s incitement and still require professional intervention. To address parental alienation effectively, it is critical to work with an experienced divorce attorney who understands the nuances of these cases and can facilitate a treatment plan through welfare agencies or a contact center.
Alienating Behavior Must Be Addressed Immediately
Treating Parental Alienation Benefits Everyone
Professional treatment of parental alienation — including through contact centers and psychologists specializing in this field — benefits both the estranged parent, who regains a relationship with their child, and the child, who needs a healthy, loving relationship with both parents.
Conclusion
Both children and parents can suffer long-term effects from parental alienation. Parents should do everything in their power to prevent alienation from developing — whether they are at risk of becoming the estranged parent or the alienating parent. It is essential for parents experiencing parental alienation to know that effective remedies are available, but professional assistance is necessary.
Are you experiencing parental alienation? The element of time is critical — do not delay. Contact us today to schedule a no-obligation consultation. Mor & Co. Law Firm has extensive experience in family law, with a particular focus on complex divorce and parental alienation cases. We represent clients in family courts daily and bring the knowledge and expertise needed to handle these sensitive matters. Contact us for legal advice on parental alienation or contact refusal at 02-595-3322 or WhatsApp at 050-441-1343.
We invite you to contact us urgently regarding matters of parental alienation.