PARENTAL ALIENATION – JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS
Parental alienation is a growing issue affecting many families. This phenomenon consists of consciously or unconsciously influencing a child in such a way that he or she rejects the other parent, with the result that all ties between them are severed. Alienation is a process that leads to serious psychological and emotional consequences for both the child and the estranged parent.
Parental Alienation and Human Rights: A Landmark Judgment by the ECtHR
On 13 February 2025, the European Court of Human Rights ruled in L.D. v. Poland, a breakthrough case involving parental alienation and violation of family life rights. A mother was repeatedly denied contact with her child, despite having court-ordered visitation rights. The father’s obstruction led to complete parental alienation and the breakdown of their relationship.
Parental Alienation and the State’s Duty to Act Effectively
The Court found that Polish authorities failed to take timely and effective measures to stop parental alienation. Despite taking some steps, delays and lack of diligence made reunification impossible. The ECtHR emphasized that public authorities have legal tools and a duty to enforce child contact decisions. In parental alienation cases, states must act swiftly to protect both the child’s welfare and parental rights.
Parental Alienation: A Legal and Psychological Challenge
Parental alienation harms both the child and the excluded parent. The Court underlined that delays in enforcement worsen emotional damage and lead to long-term consequences. The best interests of the child must guide all actions. Institutions must support the rebuilding of parent–child relationships, even amid conflict between parents.
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If you’re dealing with this issue, our attorney Katarzyna Lewicka-Krzysztowczyk can help. We specialize in international family law and support clients through every step.
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