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parental alienation penalisation psychological violence alternating custody contact with a child

The aim of this monograph is to show the issue of parental alienation, which has recently become increasingly important in the social and legal discourse. Parental alienation is a form of psychological violence, manipulation, and its effect may be PAS, i.e. Parental Alienation Syndrome. The very notion of alienation is legitimized in child psychology or traumatology. For some time, it has been appearing in the legal discourse, in a sense becoming a fashionable term. This phenomenon is generally only partially regulated in the Polish legal system. Questions are raised about the penalization of behavior manifested in preventing contact or exercising alternate custody, which can be treated as a difficult case due to the fact that criminal law enters the sphere of family law and criminal law operates autonomously in cases such as parental abduction/detention of a minor. From the point of view of legal theorists, parental alienation is a "difficult case" with which the legal system, or rather its institutions, even those that put the principle of the best interests of the child in the first place, do not cope well, as exemplified by legal practice (court decisions).

ISBN:978-83-229-3816-4

10.19195/978-83-229-3816-4

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Copyright by Joanna Helios, Wioletta Jedlecka