What is Parental Alienation

Seeing a child distance themselves and refuse a relationship is one of the most painful experiences for a parent, especially in the context of a separation or divorce. When this refusal is not motivated by actual detrimental behavior, but is the result of a smear campaign by the other parent, we can speak of parental alienation. As a family lawyer in Milan, lawyer Marco Bianucci addresses these complex dynamics with the primary goal of protecting the child's psychophysical well-being and preserving their right to shared parenting. Parental alienation is not an officially recognized clinical syndrome, but a dysfunctional relational dynamic that Italian courts are considering with increasing attention, evaluating its harmful effects on a child's development.

The phenomenon manifests through a set of behaviors, often subtle and continuous, carried out by the so-called 'alienating' parent. These can include constant and unjustified criticism of the other parent, the creation of a negative and distorted image, obstruction of meetings and communications, to the point of generating unjustified feelings of fear, hostility, and contempt in the child. Recognizing these signs is the first step to being able to intervene legally and stop a process that, if not curbed, can cause permanent psychological damage. It is crucial to distinguish a real situation of danger for the child from an emotional manipulation aimed at excluding a parental figure from their life.

How to Prove Parental Alienation in Court

The main challenge in cases of parental alienation is to provide the judge with concrete evidence of psychological manipulation. As these are intangible dynamics, proof is almost never direct. It is necessary to build a solid and coherent evidentiary framework, based on circumstantial evidence that, when viewed together, demonstrates the existence of a manipulative action. The defense strategy must be meticulous and based on several pillars.

The Court-Appointed Technical Consultancy (CTU)

The most important tool in these proceedings is the Court-Appointed Technical Consultancy (CTU). The judge appoints an expert, usually a psychologist or a child neuropsychiatrist, to assess the relational dynamics of the entire family unit. The consultant, through interviews with the parents, with the child, and observations of interactions, prepares an expert report that analyzes the quality of the bonds, parental capacity, and the possible presence of alienating conduct. This technical evaluation is often decisive for the outcome of the judgment.

Documentary and Testimonial Evidence

In addition to the CTU, it is crucial to gather all useful elements to demonstrate the obstructive and denigrating behavior of the alienating parent. Messages, emails, audio recordings (within the limits allowed by law), letters, and school reports can help create a complete picture. Testimonies from people informed about the facts, such as teachers, relatives, or friends, can also be relevant, provided they can report specific episodes and not just personal impressions.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a targeted and personalized legal strategy that always places the best interests of the child at the center. Every case of alleged parental alienation is analyzed in depth to distinguish real manipulation from other issues. The strategy is not limited to the trial phase but aims to provide comprehensive support, requesting the judge, when necessary, to activate psychological support programs for the family unit, aimed at recovering a healthy relationship between the child and the alienated parent. The goal is not to 'win' a legal battle, but to restore balance and guarantee the child the right to grow up with both parental figures.

Frequently Asked Questions

Is parental alienation a crime in Italy?

No, parental alienation in itself does not constitute a specific criminal offense. However, the behaviors that characterize it may constitute other criminal offenses, such as defamation or malicious non-execution of a judge's order. On a civil level, the ascertainment of alienating conduct can have very serious consequences, such as modification of custody, revision of the child's placement, and an order for damages.

How long does it take to prove parental alienation in court?

There is no standard timeline. The duration of the proceedings depends on many factors, including the complexity of the case and the time required for the Court-Appointed Technical Consultancy, which can take several months. It is a path that requires patience and a constant, well-planned legal strategy.

What happens if the judge ascertains parental alienation?

If the judge ascertains the presence of alienating conduct that is seriously detrimental to the child, they can adopt various measures to protect the child. Among these, the most common are: warning the alienating parent, modifying the custody arrangement (up to sole custody for the alienated parent in more serious cases), regulating contact with protected measures, and initiating psychological support for the entire family unit.

Protect Your Role as a Parent: Contact the Firm in Milan

Facing the suspicion or accusation of parental alienation is one of the most difficult trials for a parent. Understanding how to act, what evidence to collect, and how to protect your child is the crucial first step. If you find yourself facing such a situation in Milan or surrounding areas, you can contact the Bianucci Law Firm. Lawyer Marco Bianucci, with consolidated experience in the field, is available for a careful and professional assessment of your case, to define the most appropriate strategy to protect your parental bond and your child's well-being. Contact the firm at via Alberto da Giussano, 26 for a consultation.