Child Custody · Parental Alienation
Identifying and Addressing Parental Alienation in Custody Battles
Discussion on psychological evaluation protocols, child counsellor involvement, and judicial interventions to counter parental alienation in contested divorce.
This page summarizes the legal framework and judicial precedents for educational and informational purposes only. It does not state or imply that Advocate Sunil Kumar Upadhyay represented a party or was involved in the matter.
Understanding Parental Alienation in Custody Litigation
Parental alienation occurs when one parent systematically programs, manipulates, and influences a child to harbor unjustified hostility, fear, or contempt against the other parent. It transforms the child into a pawn in matrimonial hostility, causing profound long-term emotional and psychological trauma.
Recognizing alienation is complex, as the child often expresses an apparent 'independent' preference to reject the targeted parent, echoing coached phrases and unfounded fears.
The Supreme Court Landmark in Vivek Singh v. Romani Singh
In Vivek Singh v. Romani Singh (2017) 3 SCC 231, the Supreme Court explicitly recognized Parental Alienation Syndrome (PAS) and ruled that persistent psychological alienation of a child amounts to mental cruelty and works contrary to child welfare.
The Court held that where one parent systematically poisons the child's mind, courts are justified in modifying custody arrangements to rescue the child from psychological manipulation and restore balanced parental contact.
Judicial Interventions and Child Counsellor Protocols
Family Courts in Delhi utilize court-attached counsellors, clinical child psychologists, and interaction sessions in chamber to detect subtle signs of alienation. Remedial measures include structured therapeutic visitation, psychological counselling for both parents, and overnight custody transfers to restore alienated parent-child bonds.
