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Article 46
The Tug of War Child: Counseling Children Involved
in High Conflict Divorces
Paper based on a program presented at the 2013 American Counseling Association Conference,
March 22, Cincinnati, OH.
Ruth O. Moore, Ann Ordway, and Joshua Francis
Moore, Ruth O., is a Core faculty member for the Masters in Mental Health
Counseling Program at Walden University and has 18 years experience in the
field. She is a Licensed Professional Counselor and National Certified Counselor.
She is a frequent presenter in the areas of abuse/trauma, play therapy, and
parental alienation. She has also been qualified as an expert witness in criminal,
chancery, and youth court for her involvement with children who have
experienced physical and sexual abuse, parental alienation, and custody and
visitation issues.
Ordway, Ann, is an instructor in the Psychology and Counseling Department at
Fairleigh Dickinson University. She has 25 years experience as a court-appointed
Guardian ad Litem and Law Guardian. Ann is a frequent presenter in the areas of
high conflict divorce, court testimony, parenting coordination, and parental
alienation.
Francis, Joshua, is the owner and director of Francis Counseling and
Consultation Center and an adjunct professor for Xavier University. He is a
frequent presenter on topics related to addictions, expert witness and court
testimony, counselor self-care, high conflict divorce, and parental alienation.
Abstract
An increasing number of children are involved in counseling due to high-conflict
divorce and custody disputes (Baker & Andre, 2008; Ellis & Boyan, 2010).
Parental alienation occurs when a parent repeatedly and intentionally denigrates
the other parent to the child to impair the child’s relationship with the opposed
parent (Ben-Ami & Baker, 2012). Counselors who are not familiar with the
dynamics among high-conflict divorce cases can ultimately do harm to the clients
involved, as well as be at risk for legal and ethical ramifications.
Thus,
counselors must be able to identify parental alienation among children and
provide effective treatment to prevent further alienation with the opposed
parent. This article will describe the complex emotional symptoms often
experienced by alienated children, as well as treatment implications. Particular
emphasis will be given to multidisciplinary collaboration and relevant legal and
ethical guidelines.
Keywords: divorce, parental alienation, multidisciplinary collaboration
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Each year, large numbers of children become involved in counseling due to high
conflict divorces and custody disputes (Baker & Andre, 2008; Ellis & Boyan, 2010).
Ideally, parents bring children to therapy to help them process their emotions and cope
with the multiple changes that occur before, during, and after a divorce. However, some
parents have negative agendas and inappropriately involve their children in counseling to
gain leverage in custody disputes (Gardner, 1989). Such involvement often results in
divided loyalties, alignments, estrangements, and alienation among children (Fidler, Bala,
& Saini, 2013).
Parental alienation occurs when a parent repeatedly denigrates the other parent to
the child with the intent to cause impairment in the child’s relationship with the opposed
parent (Ben-Ami & Baker, 2012). Gardner (1985, 1989) discussed one particular
outcome of parental alienation known as parental alienation syndrome, which involves a
variety of complex emotional symptoms resulting from a parent’s deliberate actions to
distance the child from the other parent. Such actions destroy the familial bond and
affectional ties that once existed (Gardner, 1989). Children who experience alienation
from a parent often present with anger and hostility (Gardner, 1985, 1989). They also
have difficulty with decision-making and emotional expression, and they can be highly
resistant to therapy (Fidler et al., 2013). Thus, counselors who work with alienated
children are challenged with the tasks of establishing a therapeutic connection and
breaking through their emotional barriers. Counselors must also be armed with a host of
creative counseling techniques in order to gain a realistic perspective of the child’s
emotional world, assess the severity of the child’s emotional and behavioral symptoms,
and facilitate emotional expression (Moore, Ordway, & Francis, 2012). Most importantly,
counselors must maintain an allegiance to the child without being influenced by attorneys
or parents (Snow & Cash, 2008).
Families involved in high conflict divorces are often in need of a variety of
professional services, including counseling, evaluation, legal representation, and
parenting coordination (Fidler et al., 2013). Therefore, multiple professionals will likely
have simultaneous involvement in these cases. Counselors must be familiar with their
specific role in the case and engage in regular communication with the other
professionals involved (Snow & Cash, 2008). When counselors are unfamiliar with the
complex dynamics that exist during high conflict divorces and do not consult with all of
the professionals involved, the family’s crisis may become more severe (Moore et al.,
2012). Counselors are also more at risk for legal ramifications or ethical sanctions when
they do not have an accurate picture of the family dynamics (Moore et al., 2012).
Understanding High Conflict Divorce
Each year, approximately 1.2 million marriages in the United States end in
divorce (U.S. Census Bureau, 2013), and 10% of divorcing families have disagreements
over custody of dependents (Luftman, Veltkamp, Clark, Lannacone, & Snooks, 2005). As
a result, counselors may provide services to children who are involved in high conflict
divorces (Baker & Andre, 2008; Ellis & Boyan, 2010). In order to provide effective
treatment, counselors must have a clear definition of high conflict divorces (Moore et al.,
2012). Not all divorces are high conflict divorces. Many children experience adjustment
difficulties as a result of parental divorce. Such difficulties are normal reactions to the
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multiple changes that have occurred in the family unit, and the symptoms generally
diminish over time (Moore et al., 2012). However, high conflict divorces typically exist
when there is a recent, up-coming, or potential custody dispute (Gardner, 1985). Such
divorces may have had ongoing court involvement with multiple petitions for change of
custody or visitation, and one or both parents may harbor feelings of bitterness and
resentment toward the other (Gardner, 1985, 1989). Such ill-feelings lead to behaviors
that alienate the child from the opposite parent (Gardner, 1985, 1989). For example, a
parent may speak negatively about the other parent in the child’s presence or discourage
contact between the child and the other parent. Exposing the child to negative messages
creates anger and confusion for the child. As a result, the child may refuse to visit the
opposed parent and express feelings of anger toward that parent in counseling. The
child’s feelings are based largely on the negative messages given to the child from the
alienating parent.
The first author once worked with a 5-year-old child whose parents had recently
divorced and were involved in an ongoing custody battle. The child told the author in the
first session that she did not want to visit her father, because he had done “bad things.”
When asked to elaborate, the child said, “He had an affair.” The author stated, “Hmm.
I’m not sure I know what an affair is. What is an affair?” The child stated, “I don’t know.
But, I know it’s not good. It’s really bad.” In this case, the child had heard her mother
speak negatively about her father which prevented her from wanting to spend time with
him. Thus, counselors who are working with families involved in high conflict divorces
must have a clear understanding of the existing family dynamics before entering into a
therapeutic relationship.
Parental Alienation Syndrome
Gardner (1985, 1989) identified parental alienation syndrome (PAS) as being
present among children when they have anger and hostility toward one parent, the
targeted parent (TP), without justification. The alienating parent (AP) engages in
behaviors to intentionally disrupt the bond that exists between the targeted parent and the
alienated child (Gardner, 1985). An alienated child (AC) then develops complex
emotional symptoms, depending on the severity of the alienating behaviors to which the
child has been exposed (Gardner, 1985, 1989). Gardner (1985) posed three types of
parental alienation which include mild, moderate, and severe.
Mild parental alienation. Children who suffer from mild parental alienation may
be hesitant to visit with the targeted parent, but they generally adjust appropriately once
they are there (Gardner, 1985). They exhibit few emotional or behavioral difficulties
during the visit and have minimal levels of anger and hostility toward the TP (Gardner,
1985). In counseling, these children may express minor dissatisfaction in their
relationship with the TP. For example, the first author once worked with a 7-year-old
child who expressed anger toward her father. She said that she did not like to go for
visitation, because her father was “selfish.” When asked to elaborate, she said, “He’s late
with his child support each month but has no problem spending money on a new house.”
When the author asked the child what child support was, the child said, “It’s just
something my dad is supposed to do.” The child did not have a thorough understanding
of the financial arrangements, yet she adopted her mother’s frustrations with her father.
The child’s level of alienation was mild, in that she was able to enjoy her visits with her
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father and adjust fairly well during their time together. Her anger toward her father was
transient and occurred primarily when she was in her mother’s care.
Moderate parental alienation. Children who suffer from moderate parental
alienation have a greater amount of anger and hostility toward the TP than children with
mild parental alienation (Gardner, 1985). They experience difficulty transitioning to the
TP’s home during visitation and may be intermittently antagonistic during the visit
(Gardner, 1985, 1989). The child may take on the alienating parent’s beliefs about the TP
and insist that no one has influenced the child’s opinion (Gardner, 1985, 1989). For
example, the first author once worked with a 9-year-old child and a 14-year-old
adolescent who were alienated from their mother. The family was a member of the
Jehovah’s Witness community, and the mother decided to change religions when she got
divorced. The father told the children that the mother had a boyfriend, and he was the
reason that she changed religions. The father insisted that the mother abandoned them, as
well as their religious community because of her relationship with her “boyfriend.
However, the mother did not have a boyfriend. During a counseling session with the 9-
year-old child, he stated that he hated his mother. When asked to elaborate, he mentioned
that she would never have “everlasting life.” He spoke at great length about his religious
beliefs and how his mother betrayed the family and their religion. When visiting his
mother, he became oppositional when she asked him to perform simple tasks such as
brushing his teeth. The mother expressed frustration about his behavior but also indicated
that there were moments during their visits when he seemed to enjoy his time with her. In
his counseling sessions, he denied that his father, brother, or anyone else had ever spoken
negatively about his mother. However, his disclosures in therapy were identical to those
given by his brother except the brother’s level of anger and hostility was much more
severe.
Severe parental alienation. Children who suffer from severe parental alienation
will likely present with intense feelings of anger and hostility toward the targeted parent
with a much greater intensity than children with mild or moderate parental alienation
(Gardner, 1985, 1989). They have extreme difficulty transitioning for visitation, and they
often refuse to visit (Gardner, 1985, 1989). The child takes on the alienating parent’s
negative views of the targeted parent yet denies that such feelings have been influenced
by anyone else (Gardner, 1985, 1989). The child may also harbor feelings of anger and
bitterness toward extended family members with no justification (Darnall, 1998; Gardner,
1985). For, example, the first author worked with a 9-year-old child who had been
severely alienated from the father. The child previously had a close relationship with her
father, stepmother, and siblings in the blended family. The father wanted to have more
time with his daughter during summer visitation; however, the mother refused to give
him additional time. Therefore, the father decided to petition the court for an increase in
visitation time, and the mother became enraged. The child suddenly refused to visit her
father and developed an intense fear of the stepmother. The child locked herself in the
bathroom when her father came to get her for visitation, and she hysterically refused to
come out. Her father felt powerless and did not want to force her to visit. Therefore, he
started accepting her refusal to visit. The child eventually refused gifts from him, as well
as from her paternal grandmother. The child also began making statements about her
hatred toward her 5-year-old half-brother with whom she always had a close relationship.
When asked about her anger toward her father, she stated, “He only cares about himself.”
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She also added, “He loves his boys more than me. When asked about her fear toward the
stepmother, she stated that her stepmother was a “witch with a capital B. However, she
did not provide any further specifics. During the counseling sessions, the child had
difficulty expressing why she did not want to go for the visits. Instead, she anxiously
insisted, “I just don’t want to go. I just don’t want to go. I’m just not comfortable.” At
one point during the course of therapy, the child had not seen her father for 6 months due
to her refusal to attend the visitation. The author asked the mother about the child’s
reasons for not wanting to go. The mother said, “I don’t know what is going on over
there. But, there must be something, because she gets anxious and refuses to go.” The
mother added, “And, there’s nothing that I can do about it, so he will have to figure it out
himself.” The mother denied speaking negatively about the father in the child’s presence.
However, the child later disclosed in therapy that her mother and maternal grandmother
told her that her father “left” her mother when she was pregnant [with the child] and
began dating the stepmother while “he was still married to my mom. The child added,
He adopted those boys and took them as his own. I guess I wasn’t good enough.” Thus,
the child had received extensive negative messages about her father, but she continued to
deny being influenced by anyone else.
Types of Alienating Parents
Darnall (1998) stated that parents alienate children for different reasons, thus
there are different types of alienating parents. Counselors should have a thorough
understanding of the types of alienating parents to determine the best course of action
when establishing a treatment plan.
The naïve alienator. A naïve alienator is generally passive in the child’s
relationship with the other parent (Darnall, 1998). The naïve alienator does not intend to
cause problems in the child’s relationship with the targeted parent; however, subtle
negative comments may be made on an occasional basis (Darnall, 1998). For example,
the first author once worked with a 6-year-old child in therapy who was having trouble
transitioning for visits with her father. When the author met with the mother, she stated,
I’d be surprised if he even shows up. I know how he is. I was married to him for 7
years.” The mother often made similar comments in front of the child. And, while her
comments were not meant to intentionally alienate the child from her father, the child
experienced tension and anxiety when transitioning to her father’s home. The mother was
accepting of feedback in the counseling sessions and gained an understanding of how her
comments were negatively influencing the child and preventing her from adjusting
appropriately. Naïve alienators are generally open to feedback and try to avoid making
negative comments in the future (Darnall, 1998).
The active alienator. Active alienators recognize that they should not alienate the
child from the other parent; however, they often react impulsively based on their
unresolved feelings of anger, pain, and resentment (Darnall, 1998). Such parents often
feel guilty after making negative comments about the other parent, yet they continue to
engage in such behavior. For example, the first author once worked with an 8-year-old
child in therapy. The child was having trouble adjusting to visitation with his father and
often stated during their visits that he wanted to return to the mother’s home. The author
met with the father to get an update on their recent visit. The father stated, “I need to tell
you what happened this weekend. He [the child] asked me if I would let him go back to
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his mother’s house for the night instead of having to spend the night. I know I shouldn’t
have said it, but I did. I said, you think your mom is so great but she isn’t. She is a selfish
bitch who will do anything to get her way. You just wait. You’ll see.” The father knew
that his comments were inappropriate; however, he was so angry about the divorce that
he had difficulty refraining from making such comments. And, although the father felt
guilty for making such statements, he continued to make such harsh comments in the
child’s presence.
The obsessed alienator. The obsessed alienator can pose significant challenges
for the counselor (Darnall, 1998). Obsessed alienators want revenge against the targeted
parent, thus they engage in behaviors to intentionally destroy the child’s relationship with
the TP (Darnall, 1998). Obsessed alienators are resistant to feedback and often insist that
their actions are justified because the TP is somehow deserving of maltreatment (Darnall,
1998). For example, the first author once worked with a child in therapy whose parents
had been involved in an ongoing custody battle for over 7 years. The father and
stepmother had primary physical custody of the child because the mother agreed to the
custody arrangement many years prior when she was abusing prescription drugs. The
father and stepmother refused to send the child for visitation, because they insisted that
the mother was “unsafe.” And, even when the mother’s drug addiction was in remission,
they refused to send the child for visitation, because they felt that the mother would
eventually resume using drugs. The author reminded the father and stepmother of the
importance of following the court order, as well as their obligation to encourage the
child’s relationship with the mother. The father angrily stated, “I’m not going to
encourage that relationship. I’m never going to encourage that relationship! She [the
mother] deserves what she gets. She did this to herself!” Thus, the father had no intention
of refraining from alienating the child from the mother. His anger and bitterness toward
the mother prevented him from making rational decisions that were in the best interest of
the child.
Alienating parents may vacillate between roles, in that an alienator may naively
make comments to alienate the child from the TP in some instances, but during other
times, the alienator may make active attempts to alienate the child (Darnall, 1998).
Obsessed alienators tend to function solely with the purpose of destroying the TP
(Darnall, 1998). Thus, once a parent becomes an obsessed alienator, the parent is unlikely
to resist further actions to alienate the child (Darnall, 1998).
Parental Alienation Versus Parental Alienation Syndrome
There is debate among professionals as to whether parental alienation syndrome
actually exists (Rand, 2011). In spite of many attempts to include parental alienation
syndrome as an official disorder in the Diagnostic and Statistical Manual of Mental
Disorders, it has not been included
(Houchin, Ranseen, Hash, & Bartnicki, 2012). Thus,
some professionals are hesitant to use the term parental alienation syndrome when it is
not recognized as an actual mental disorder. Other professionals use the term parental
alienation and recognize that there are complex emotional dynamics that exist among
children who are involved in high conflict divorces; however, they feel that no specific
set of symptoms has been consistently identified to classify a syndrome (Baker &
Darnall, 2007; Carrey, 2011; Kelly & Johnston, 2001). Many feel that parental alienation
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is more of a legal argument resulting from an adversarial process and is not a syndrome
or disorder (Carrey, 2011; Houchin et al., 2012).
There are other professionals who do not believe that parental alienation
syndrome exists, largely because of the criticisms associated with Gardner’s work.
Gardner has been criticized in the literature as being biased in favor of fathers who are
involved in custody litigation (Walker, Brantley, & Rigsbee, 2004). Furthermore, many
professionals feel that Gardner’s work did not take into consideration that a child’s
resistance to visitation could be the result of serious issues that exist in the parent-child
relationship, thus a child’s resistance to visitation is not necessarily representative of
parental alienation (Margolin & Lund, 1993; Walker et al., 2004). Gardner is also
criticized for ignoring allegations of child sexual abuse in custody disputes and is felt to
have quickly assumed that allegations of abuse made during custody disputes were an
immediate sign of parental alienation (Walker et al., 2004). Children may have legitimate
fears toward a parent, and those fears may or may not be exacerbated by the other parent
(Margolin & Lund, 1993). Therefore, counselors should carefully explore children’s fears
without making assumptions about the cause of those fears. And even if a child’s fear
does not seem justified, the child’s fear is real. Thus, counselors must convey empathy
and understanding when validating a child’s emotions without responding in ways to
further alienate the child (Fidler et al., 2013).
Regardless of whether parental alienation is a diagnosable syndrome, children
who are exposed to parental alienation present with strong feelings of anger, fear, and
hostility (Moore et al., 2012). Counselors must be able to identify children who are
affected by parental alienation, as well as find ways to break through the child’s
emotional barriers and establish a therapeutic connection (Moore et al., 2012).
Assessment of Parental Alienation
There are times when attorneys refer children and families who are involved in
custody litigation to counseling (Moore & Simpson, 2012). Some parents may also seek
counseling for their children independently and have hopes that the counselor will make a
custody recommendation in their favor (Moore & Simpson, 2012). Unfortunately, many
parents are not forthcoming with information about their court involvement, thus their
hidden agendas may not be transparent. And, if the family was not referred by an
attorney, the counselor may not be aware that the family is involved in a custody dispute
or have a clear understanding of the complex family dynamics that exist. Counseling is
unlikely to be effective if counselors are not aware that a high conflict divorce is
occurring (Moore et al., 2012). Thus, counselors should be aware of the potential
indicators that a high conflict divorce is present among a family.
Potential Indicators of High Conflict Divorces Among Parents
During the initial session with a divorced parent, a counselor may notice that the
parent speaks negatively of the other parent (Darnall, 1998; Fidler et al., 2013). The
parent may discuss, at great length, the problems that existed during the marriage hoping
to negatively influence the counselor’s view of the other parent. The counselor may also
notice that the parent expresses strong feelings of anger, betrayal, and resentment toward
the other parent. Many times, the parent will resist or refuse to involve the other parent in
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the child’s therapy (Gardner, 1989). Such behavior could potentially indicate that
parental alienation exists, particularly if the child’s presenting issue is anger toward the
opposite parent or resistance to visitation. The parent may make excuses for not sending
the child for visitation or engage in passive aggressive behavior when the child refuses to
attend (Gardner, 1989). For example, the first author once had a parent say, “She [the
child] hasn’t seen her father in 3 months. I mean, what am I supposed to do when she
refuses to go? It’s not like I can make her go.” In a different session with the same parent,
the parent said, “She didn’t see her father this weekend. She had a sore throat and was
running a fever. I didn’t want her to get out when she didn’t feel well.” The parent did not
believe that the child’s father was capable of taking care of the child when she was sick;
therefore, the mother made excuses for not sending the child.
When counselors become aware that a family is going through or has recently
gone through a divorce, they should ask about court involvement. Counselors should
request a copy of the most recent court order to ensure that they have accurate
information about visitation and custody arrangements (Moore et al., 2012). In many
cases, both parents must consent to medical treatment (including counseling) before
treatment is initiated. Thus, in order for counselors to avoid potential legal and ethical
issues, they should be familiar with the terms of the court order and follow them precisely
(Snow & Letzring, 2009). Counselors should also try to determine the level of severity of
the child’s symptoms, as well as the parent’s reason for alienating the child (Darnall,
1998; Margolin & Lund, 1993). For example, is the child suffering from mild parental
alienation as a result of a naïve alienator’s subtle negative comments about the targeted
parent? Or is the child experiencing severe parental alienation as a result of an obsessed
alienator’s desire to sever the child’s emotional attachment to the TP? Such information
is important when determining the assessment methods to be used, as well as in
developing the treatment plan. Thus, counselors should conduct a thorough assessment
with an emphasis on family systems and history (Moore et al., 2012).
Emotional and Behavioral Indicators of Parental Alienation Among Children
Children who have been exposed to parental alienation appear fairly comfortable
in counseling when discussing their feelings of anger and hostility toward the targeted
parent (Gardner, 1985). They may also express feelings of fear toward the TP with little
hesitation or guilt and provide few facts to support the existence of their fears (Darnall,
1998; Gardner, 1985). Some children may make negative statements about the TP that
seem scripted or coached (Darnall, 1998; Gardner, 1985, 1989). They may report
additional psychosomatic complaints, such as headaches or stomachaches, particularly
when it is close to visitation time (Darnall, 1998). Furthermore, alienated children may
freely share a variety of trivial complaints about the TP’s house (Darnall, 1998). For
example, the third author worked with an alienated child who insisted that she did not
want to visit the father’s house, because “the dog stinks.” The child’s anger and
discomfort was in excess of what would be typically expected in such a situation.
While alienated children can be verbally forthcoming when sharing negative
feelings about the targeted parent, they may seem disconnected in the counseling
relationship and resistant to the counselor’s attempts to establish rapport (Moore et al,
2012). They may have blunted or flat affect and avoid questions related to their
relationship with the TP (Gardner, 1989). Alienated children may become uncomfortable
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or anxious during the session because they feel an obligation to respond in a manner that
is encouraged or rewarded by the alienating parent (Gardner, 1989). Counselors should
also remember that alienated children often have limited information, in that their
disclosures are directly related to the alienating parent’s negative messages. Therefore, a
counselor’s probes may trigger significant feelings of anxiety and confusion for alienated
children because they have not been given the information necessary to provide further
elaboration.
Treatment
Children who are exposed to parental alienation are likely to have relationship
difficulties in adulthood if they are not involved in effective treatment during childhood
(Baker, 2007; Ben-Ami & Baker, 2012). Baker (2007) found that adults who were
alienated as children reported experiencing high incidences of depression, low self-
esteem, mistrust, divorce, and alcohol and drug abuse. The participants attributed these
issues to the emotional abuse and trauma that they experienced during alienation. Ben-
Ami and Baker (2012) found similar findings to Baker (2007) but added that adults who
experienced parental alienation as children reported having low self-sufficiency, as well
as insecure attachment styles.
For children, the presence of intense anger and hostility toward a parent creates
emotional turbulence and results in emotional dysregulation (Darnell, 1998). Alienated
children have difficulty controlling their emotions, are more prone to experience
symptoms of anxiety, and have problems managing their anger (Macklem, 2008). Such
issues have been found to be directly related to serious psychological disorders in
childhood (Macklem, 2008). Thus, not protecting children from exposure to parental
conflict and alienation is detrimental to their emotional well-being. However, treating
children who have been exposed to parental alienation is challenging. Ultimately, the
goal is to facilitate emotional healing for the child while re-establishing the parent-child
connection (Ellis & Boyan, 2010; Fidler et al., 2013). Counselors must maintain an
allegiance to the child, while helping the child see the benefits of enhancing the
relationship with the TP (Ellis & Boyan, 2010). Due to the child’s resistance, counseling
is often a slow, long-term process, and several counselors may be needed to meet the
family’s treatment goals (Margolin & Lund, 1993). For example, the alienated child
needs individual therapy to work through feelings of anger and fear and gain support
while adjusting to changes within the family unit. The targeted parent and the alienated
child need family counseling to re-establish the parent-child connection and develop a
meaningful attachment (Ellis & Boyan, 2010; Margolin & Lund, 1993). Moreover, both
the alienating parent and the targeted parent need individual counseling to work through
their feelings of anger, fear, betrayal, and hostility so that their emotions do not influence
the child’s ability to heal from the divorce (Darnall, 1998). The parents need to provide a
safe environment where they can grieve the loss of the marriage, cope with the multiple
life changes that have occurred, and find a new purpose (Moore et al., 2012). Thus, the
treatment needs of the family are diverse, and having multiple counselors involved can
ensure that counselors adhere to their designated role without developing conflicts of
interest (Moore et al., 2012).
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The Counselor’s Role in Multidisciplinary Collaboration
Counselors will often have to collaborate with a variety of professionals who have
been appointed by the court to service families who are affected by high conflict divorce
and parental alienation (Fidler et al., 2013; Margolin & Lund, 1993). Multidisciplinary
collaboration can be helpful, in that a comprehensive treatment plan can be created and
implemented to build family cohesion (Moore et al., 2012). However, counselors must be
cognizant of the fact that when court professionals do not engage in regular
communication, a family’s crisis may become more severe (Fidler et al., 2013). And,
although multidisciplinary collaboration is essential when working with high conflict
divorce cases, determining the specific roles of the professionals involved and creating a
strategic family plan can be difficult (Ellis & Boyan, 2010; Fidler et al., 2013). Thus,
counselors must have a clear understanding of their distinct role in the case and work
closely with the members of the multidisciplinary team in order for treatment to be
successful (Moore et al., 2012).
Counselors as Advocates
A counselor’s role in traditional therapy is generally well understood by helping
professionals. In that, counselors establish a therapeutic relationship, validate the client’s
feelings, and help the client sort through given options to reach a more desirable
outcome. Counselors who work with high conflict divorce cases assume this same role in
counseling with the added component of advocacy (Ellis & Boyan, 2010; Fidler et al.,
2013). In high conflict divorce cases, one of the most challenging components of the
therapeutic relationship involves being aware of the fine line that exists between
validating and supporting a child through advocacy efforts versus further entrenching the
child and the parents in the dysfunctional family dynamic associated with parental
alienation (Ellis & Boyan, 2010; Fidler et al., 2013). In other words, some counselors
may hear a child’s story and adopt the story as being the truth instead of recognizing that
the story is the child’s perspective of the truth which could be based on outside
influences. Thus, counselors may be quick to validate the child’s feelings associated with
the negative parental messages and inadvertently perpetuate resistance and cause the
child to remain stuck in the familiar challenge. For example, the first author once had a
supervisee who was counseling a five-year-old child who was alienated from his father.
The father admittedly had an extramarital affair while he was married to the mother and
continued the relationship after they were divorced. The father and his partner were
planning to get married in the next 6 months. The mother insisted that the child was
uncomfortable with the father’s relationship and wanted the counselor to write a letter to
her attorney recommending that the child not visit with his father, because the child was
uncomfortable being around the father’s partner. During one of the sessions, the child
told the counselor, “I don’t want to see my daddy. I don’t like his girlfriend. I don’t like
being around her.” Although he later told the counselor that his father’s girlfriend was
nice and discussed several “fun” things they did together, he insisted that he did not want
to be around her. The child also stated that his father was “mean” because he “yelled at
my mommy.” During supervision, the supervisee asked the author if he should write a
letter recommending that visitation be supervised until the child became more
comfortable. The counselor was tempted to write the letter because he felt pressured by
Ideas and Research You Can Use: VISTAS 2013
11
the mother. He also felt that he was obligated to be the “voice for the child,” and the child
clearly expressed that he did not feel comfortable visiting the father. However, the child
had been significantly influenced by the mother’s negative messages. The author
encouraged the supervisee to consider other ways to respond in the situation to avoid
further alienating the child from the father. The supervisee began conducting family
therapy sessions with the father and child which helped them re-establish their existing
bond. The child also felt more comfortable when transitioning for visitation. This
example demonstrates how a counselor who is untrained in the dynamics of high conflict
divorce has the potential to promote further alienation by aligning with the child and
speaking solely as the child’s voice when making recommendations instead of
considering all of the extraneous variables.
Pertinent Legal and Ethical Considerations
Counselors should be aware of the potential legal and ethical issues that may arise
in high conflict divorce cases (Moore & Simpson, 2012). According the American
Counseling Association’s Code of Ethics (ACA, 2005), counselors should function only
within their designated role in the case (A.5.e). For example, counselors should not opine
regarding custody when their role has not been one of a forensic custody evaluator
(Moore & Simpson, 2012; Snow & Cash, 2008; Snow & Letzring, 2009). Counselors
should also avoid changing roles in the case as much as possible. However, in the event
that a change in role must occur, counselors must obtain informed consent from the client
and make the client aware of the right to refuse the services related to the change (ACA,
2005, A.5.e). For instance, if a counselor is ordered by the court to conduct a forensic
evaluation after being involved in a therapeutic relationship with the client, the counselor
should explain the role change to the client. Ideally, it is best for counselors to avoid such
changes in roles; however, when they are inevitable, counselors should take the necessary
steps to keep the client informed of the potential risks involved and protect the client
from harm. Moreover, counselors should only provide services within their boundaries of
competence (ACA, 2005, C.2.a). Counselors should not assume a role in a case if they do
not have the appropriate education and training to perform those duties. Counselors
should remain clear of their role in a case and avoid giving recommendations that are
outside of their role, especially in areas where they lack competence. Consider the
following example. Suppose a counselor is conducting individual therapy with a child
whose parents are involved in a high conflict divorce and custody dispute. The counselor
has met with both parents separately on multiple occasions. The Guardian ad Litem asks
the counselor to write a letter to the court giving a custody recommendation based on the
counselor’s knowledge of the parents and their interactions with the child. The counselor
has no training in custody evaluation or parenting coordination. If the counselor wrote
such a letter, the counselor would be in violation of the code of ethics because the
counselor would be operating in a new role that was outside the boundary of competence.
Thus, counselors should be familiar with their role in high conflict divorce cases, make
their role clear when collaborating with other professionals, and function only within that
role (Moore & Simpson, 2012).
Ideas and Research You Can Use: VISTAS 2013
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Conclusion
Counselors who work with high conflict divorce cases must have a thorough
understanding of the complex dynamics that exist in these cases in order to provide
effective treatment. Multiple counselors will need to be involved to provide
comprehensive treatment, and multidisciplinary collaboration is essential to develop a
strategic family plan to re-establish the parent-child connection (Moore et al., 2012). But,
given the complex nature of these cases, how do counselors provide effective treatment,
collaborate with other professionals, and maintain an allegiance to the client, while
avoiding legal and ethical pitfalls? How do multiple professionals work together without
contaminating the therapeutic process or doing potential harm to the child?
The authors feel strongly that multidisciplinary collaboration is essential in high
conflict divorce cases. And, while the literature strongly supports the need for a
multidisciplinary approach to treatment, there is little information in the literature
specifically discussing how to create a multidisciplinary team, assign designated roles,
and ensure that the team works together for the best interest of the child. Thus, additional
research is needed in the area of parental alienation to address the gaps in the literature.
The authors propose that by conducting comprehensive assessments, developing more
effective treatment strategies, advocating for the rights of children, and creating a specific
protocol for the multidisciplinary team, fewer families would suffer from the long-term
effects of parental alienation.
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Note: This paper is part of the annual VISTAS project sponsored by the American Counseling Association.
Find more information on the project at: http://counselingoutfitters.com/vistas/VISTAS_Home.htm