Is parental alienation child abuse?

Brazil has a civil parental alienation law from 2010 (Law 12.318), amended in 2022 (Lei 14.340). The law provides civil measures only — warning, expanded contact, fines, custody reversal — not criminal penalties; a criminal provision was proposed but vetoed before the law passed. In December 2025 a repeal of the law cleared a committee vote in Brazil’s Chamber of Deputies; it remains in force pending the Senate.

In Croatia and Romania, child psychological abuse, including parental alienation, is considered a crime.

By March 2021, 30 of Ireland’s 31 county councils had passed motions on parental alienation, most calling for recognition under a World Health Organization definition. That WHO definition was withdrawn on 15 February 2020, before most of the motions passed. Irish county councils have no role in family law. In 2023, Ireland’s Department of Justice concluded that legislating on parental alienation would be ‘ill-advised.’

Experts disagree

Where experts disagree

Some researchers argue that sustained alienating behaviour is a form of family violence and should be treated as child psychological abuse (Harman, Kruk & Hines, 2018 — a review of existing studies). Courts and regulators have not adopted that framing: it is not a recognised diagnosis anywhere, and domestic-violence organisations argue the label is used to discredit genuine abuse reports. What courts do act on is specific proven behaviour and its effect on the child.

Sources

[government policy paper] Brazil, Law 12.318/2010 and Lei 14.340/2022 (civil measures only; criminal provision vetoed before enactment).

[government policy paper] Brazil, Chamber of Deputies Comissão de Constituição e Justiça, repeal vote, 4 December 2025 (37–28, pending Senate).

[government policy paper] World Health Organization, ICD-11 index term removal, 15 February 2020.

[government policy paper] Ireland, Department of Justice, 2023 policy conclusion on parental alienation legislation.

Read: what this site does and doesn’t claim →

Parental alienation is not a medical or psychiatric diagnosis. What is recognised is that some parents behave in ways that damage a child’s relationship with their other parent, and that this can seriously harm children — and equally, that a child may refuse contact for good reasons, including abuse. Nothing here is a diagnosis or legal advice. What this site does and doesn’t claim.