Del síndrome de alienación parental a la justicia terapéutica

Abstract

This paper offers a review of the literature on Parental Alienation Syndrome (PAS) in Spain during the last ten years (2010-2020) and it distinguishes between supporters and detractors of the construct. The polarized positions around the construct have revealed a conflict between Psychology and Law. At stake is how diagnostics and judicial pronouncements are related. A collaboration, in an interdisciplinary key, between the clinical perspective and the forensic perspective is missed. The system of custody of minors has played a very important role in the judicial invocation of PAS construct. This situation has changed with the adoption of the jurisprudential criterion favorable to Shared custody, as a general rule, as of 2013. The latest judicial resolutions use terminology far from PAS. The Therapeutic Justice new legal paradigm can serve to articulate new forms of relationship between Psychology and Law.