La Parental Alienation da sindrome a concetto giuridico: l’irragionevole “colpa d’autore” delineata dalle Corti di merito

Di Donato Maiorino -

This paper arises from the exigency of exploring, within the context of the parental crisis, a central issue concerning the legal and scientific nature of the so-called “parental alienation syndrome” (PAS). By respecting the relevant principle of exclusively protecting children’s moral and material interest, the judge should prefer the parent who appears to be the most suitable to minimize those prejudices that may derive from family disintegration, in order to ensure the minor’s personality best development. According to the Supreme Court, by taking into account that the scientific basis of PAS is still controversial and as consequence it may not be considered as a pathology, the proven conflict between parents and the mother’s conduct of alienating the daughter from her father do not necessarily represent prejudicial facts for the minor. This writing, in the form of a note in the judgment, aims to go over the case submitted to the Supreme Court’ scrutiny and, through the analysis of the vexata quaestio, also examines the Court-Appointed Technical Consultant’s function in those proceedings concerning children’s custody and the consequent possible changeover of parental alienation from syndrome to legal concept.