In 2021, the Ontario Court of Appeal ("ONCA)) again referenced the paper, authored by Nicholas C. Bala and Katie Hunter, on the topic of parental alienation. The ONCA used this paper to discuss that the social science evidence is inconclusive about whether reversal of custody orders (now called decision-making) in a situation of parental alienation was effective.
This paper outlines that transferring decision-making rights should be done only as “a last resort” in cases of parental alienation and that doing so has inherent risks. For instance, if courts delay in transferring decision-making rights too long the transfer may not be effective when it commences. In addition, in the short-term a transfer of decision making may have a negative effect on a child even if it benefits the child in the long term. Ultimately, any transfer of decision making must be in a child’s best interests and the rejected parent and their advisors should have a detailed and child-focused plan to support the transition.
To access this original paper authored by Nicholas C. Bala and Katie Hunter, click here. The case referenced, M.P.M. v. A.L.M., 2021 ONCA 465 may be found here.
