Análisis jurídico del fenómeno de la alienación parental sus causas y consecuencias jurídicas

Abstract

Parental alienation is a syndrome that poses new challenges for family law as it develops within the scope of a home where minors are involved as victims of one of their parents or people close to them, due to the fact that they are taught feelings of hate and generating rejection without any justification, deteriorating the image of the alienated parent, which in most cases results in a lack of empathy towards the parent who is the victim of alienation and their entire environment. That's why the causes will be identified as the starting point for the development of this phenomenon, which is considered a form of child abuse in which each member of this family is immersed, identifying three main actors: the alienating parent, the alienated parent, and the child; causing different types of legal consequences for the last two actors named. Both deductive and inductive methodologies were applied in the analysis developed in this phenomenon, and we also determined the typical indicators that appear in the development of parental alienation to determine the legal consequences that this phenomenon leads us to, which in the very near future will need adequate regulations to protect the best interest of the child. In conclusion, the family is constantly changing and it is the state's duty to address these new challenges arising in family law.