Remedies in Canadian Parental Alienation Cases: Turning to Tort Law for Support

This thesis provides an avenue to remedy some of the harms associated with parental alienation for rejected parents – an issue that is inadequately addressed by Canadian family law cases. One of the major functions of the legal system is to allow injured parties the opportunity to seek recourse. This thesis questions whether the prevailing approach to parental alienation is capable of providing justice to rejected parents.

Family law centres on the best interests of children, a vulnerable group whose needs should be prioritized and protected. Parental alienation disputes destroy meaningful relationships between children and capable parents, but family law focuses on the best interests of children to the exclusion of all other interests, including a rejected parent’s interest in justice. This thesis questions whether, given the harm done to rejected parents, that exclusion can be justified in cases of parental alienation.