During his time practicing law, Canadian family lawyer and founder of the Toronto practice, Ludmer Law, Brian Ludmer, B.Comm., LL.B. has focused on issues surrounding complex family law matters, including allegations of abuse and parental alienation.
In 2023, Brian Ludmer, alongside eight other contributors, authored and published a paper challenging the findings of the Report by the Special Rapporteur titled Custody, Violence against Women and Violence against Children, which was presented to the United Nations Human Rights Council. The paper was produced by the Parental Alienation Study Group (PASG) and Global Action for Research Integrity in Parental Alienation (GARI-PA).
The paper from PASG and GARI-PA raises concerns about how allegations of parental alienation are used in family court proceedings, specifically in cases with domestic and child abuse allegations. The authors argue that the Special Rapporteur’s report presents a biased interpretation of parental alienation, relies too heavily on sources critical of the concept, and overlooks relevant scientific research and evidence supporting its recognition.
What Did the Special Rapporteur Say?
The original report, published in April 2023, took an in-depth look at child custody decisions, as well as violence against women and children. A large concern of this report was how allegations of parental alienation can affect mothers who report domestic violence during custody disputes.
Some key findings of the Special Rapporteur are:
- Undermining abuse allegations: Partners who allege parental alienation may be using the claim to discredit the allegation of domestic violence or child abuse.
- Misinterpretation of behaviour: A mother’s efforts to protect her children against the abuser may be seen as attempts at parental alienation
- Overlooking the risk: If substantial weight is given to parental alienation claims, this may indirectly affect the court’s ability to weigh the evidence of domestic abuse
- Lingering impact: The result means that children could continue to be in the primary care of a parent who poses a risk to their safety.
The report emphasizes the importance of considering the negative impact on women and children when making decisions related to custody.
Challenges from the PASG and GARI-PA
Through their analysis, Brian Ludmer and his team challenge the report’s conclusions and the evidence used to support them. In their paper, they claim that the Rapporteur’s report presented a one-sided view of parental alienation. They provided their own research and included international perspectives to offer a more balanced and comprehensive view of the issues surrounding parental alienation.
Some key findings from the PASG and GARI-PA paper include:
- Lack of balance: The authors argue that the report focuses too heavily on the experience of mothers experiencing domestic violence, and disregards the experiences of fathers who may often be victims of violence and parental alienation. They emphasized that parental alienation can happen to anyone, regardless of gender.
- Recognition in other countries: The authors used examples from other countries, like Ireland and Australia, as well as decisions from the European Court of Human Rights, which they feel demonstrated that parental alienation is an international issue that is considered during legal discussions and custody proceedings.
- Sources used: The paper criticized the use of some sources in the Special Rapporteur’s report. They specifically point to an anti-parental-alienation Facebook group referenced when discussing issues in Poland.
- Considering both issues: The UN report argued that parental alienation is linked to domestic violence and violence against children. It did not view the two issues as separate entities. The PASG and GARI-PA authors, however, emphasized the importance of considering things on a case-by-case basis.
Through the Lens of Family Law
Another important argument in this paper is that parental alienation and domestic violence issues should be treated as separate issues, as one can occur without the other, although the authors do agree that both can occur simultaneously in family disputes. They believe that all allegations should be carefully examined and considered when it comes to custody decisions in courts of law.
Brian Ludmer and his contributors also emphasized how important it is to look beyond traditional assumptions of which parent may be more responsible. They say that instead, family law professionals should take into account what is best for the child involved in the case, and treat each case individually to determine exact circumstances.
Key Takeaways
The paper written by Brian Ludmer and the other contributors offers a critical examination at key concepts of the Special Rapporteur’s report on violence against women and girls. Through the paper, they raise important questions on how parental alienation is researched, understood, and addressed during matters of family law around the world.
The paper challenges many of the report’s conclusions, and the authors argue that it contains significant factual errors, relies on questionable evidence, and presents a one-sided interpretation of parental alienation. They ultimately call for the report to be withdrawn, warning that its findings could negatively influence family law proceedings and public policy. Further, it highlights the complexity of family law and the need to have the children’s best interests at heart when making custody decisions.
See Similar Blog Posts
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