Shared Guard: prevention of parental alienation?

Abstract

With the disruption of conjugal coexistence, it is necessary to establish with whom will remain the custody of the younger children, being admitted as the main criterion the will of the parents. Among the modalities of custody existing in the Brazilian legal order, the shared custody is adopted as a rule, consisting of joint accountability and the exercise of rights and duties of the father and mother who do not live in the same residence, relating to the family power of the common children. It is often that one of the parents, moved by the sorrows, resentments and personal conflicts arising from the end of the affective relationship, seek to ward off the former spouse of the life of the minor child, denecting his image and damaging the affective relationships between them. In this context, parental alienation arises, consistent in any interference in the psychological formation of the child or adolescent promoted by one of the parents, by the grandparents or those who have the smallest under their authority, custody or surveillance to repudiate the parent or to cause injury to the establishment or maintenance of bonds with this. The shared custody as a possible means of preventing and alleviating the effects of parental alienation, it has been arousing reflections in the Brazilian doctrine and jurisprudence regarding its effectiveness.