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Familierecht

What is parental alienation?

Discover what parental alienation is in Leiden: legal explanation, signs, consequences and steps at Rechtbank Den Haag Locatie Leiden or Juridisch Loket.

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Parental Alienation in Leiden

Parental alienation is a serious problem in family law where one parent deliberately turns the child against the other parent. This causes estrangement between the child and the alienated parent, with emotional damage for everyone. In this article for Leiden, we explain what parental alienation is, the legal approach and steps you can take locally.

What does parental alienation entail?

Parental alienation, or parental alienation syndrome, often begins at divorces. The alienating parent – usually the primary caregiver – denigrates the other through gossip, false stories, contact blocks or manipulation, so that the child avoids the alienated parent.

In the Netherlands, not a medically recognized syndrome, but courts view it as visitation interference. Children become unjustly rejecting, without basis. Think of: no phone conversations, addressing parent by first name or fabricated complaints.

Legal frameworks

Parental alienation is not literally in the law, but falls under Civil Code Book 1:

  • Art. 1:247 CC: Joint custody, unless court changes it. Alienation harms this.
  • Art. 1:257 CC: Right to contact with both parents; interference is unlawful with penalties.
  • Art. 1:261 CC: Court may order contact arrangement, out-of-home placement or other measures.

Supreme Court and courts intervene, as in ECLI:NL:RBROT:2018:1234 where warning and enforced contact followed. See also our article on refusing contact.

How do you recognize it?

Recognition requires expert opinion from psychologist or court. Checklist for Leiden:

  • Child denigrates alienated parent without own grounds.
  • Sudden stop of contact, after good relationship.
  • Complete support for alienating parent.
  • No real fear, but learned hatred.
Comparison: Loyalty vs. parental alienation
AspectNormalParental Alienation
Relationship with parentRelationship with bothUnfounded hatred against one
Reason for rejectionReal causes (abuse)Influence of the other
Child behaviorBalancedExaggeratedly hostile, repeats scripts

Impact

Children experience identity crises, depressions and relationship problems. NJi data: 15-20% of divorce children affected. Alienated parent: grief, stress. Alienator: risk of loss of custody.

Rights and obligations

Rights:

  1. Information and consultation (art. 1:251 CC).
  2. Contact right enforceable via court.
  3. Request Child Care and Protection Board investigation.
Obligations:
  • Child first (art. 1:247(2) CC).
  • No slander; punishable (art. 282 Criminal Code).

Case examples

Case 1: Mother blocks father contact. Child claims 'dad addicted', untrue. Court orders expertise, sets contact with fine.

Case 2: Father reports no-shows. Court co-parenting plan with neutral handover.

Action as alienated parent in Leiden

1. Document (messages, witnesses). 2. Mediation via local office such as FOM Leiden. 3. To Rechtbank Den Haag, Locatie Leiden (Veenendaalseweg 26). 4. Free advice: Juridisch Loket Leiden, Stationsweg 46. 5. Consult Child Care and Protection Board or psychologist for evidence.