Legal Question in Family Law in Massachusetts

Oath PAS Facts
PAS ''facts''????Lack of Empirical Data, Research or Scientific Basis to Support
the Controversial Psychological Theory Called
Parental Alienation Syndrome (PAS):

PAS is Not Generally Accepted in the Scientific Community

Lack of Empirical Data or Research Support for Parental Alienation Syndrome (PAS) Theory

�PAS is not listed in the American Psychiatric Association's Diagnostic and Statistical Manual (DSM) as a psychiatric disorder and is not recognized as a valid medical syndrome by the American Medical Association, or the American Psychological Association. (Dallam, 1999)
�The American Psychological Association Presidential Task Force on Violence And The Family (1996) states that ''no data'' exist to support PAS. (Dallam, 1999)
�According to Kelly and Johnston (2001), there is a lack of empirical support for PAS as a diagnostic entity.
�PAS is not based on systematic research. (Dallam, 1999)
�''PAS is not research-based, and it has done a great injustice to the family and the justice system,'' says Dr. Jon Conte, a psychologist at the University of Washington.
*Dr. Richard Gardner who coined this so called PAS in 1986 based it on his own observations and not on research.He killed himself in 2003.

Asked on 7/13/09, 2:39 pm

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

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Re: Oath PAS Facts

Thank you for the citations to the debate over this as a "syndrome." It does not change my understanding of the ethical question you originally asked.

For that matter, it does not change my opinion as a non-psychologist that custodial parents sometimes intentionally and/or unintentionally interfere with non-custodial parents' relationships with their children. Whatever one calls it, regardless of arguments of the researchers, and despite difficulties in quantifying it, the effect occurs in some instances. Any forensic psychologist active in the family courts will agree that children can become unduly sympathetic toward one parent or the other under all of the objective circumstances.

The attorney for your ex had the right to use the "common phrase" in stating his or her concern. It was not, as set out in your original question, a lie, nor was it unethical.

Answered on 7/13/09, 5:37 pm

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