PARENTAL ALIENATION IN NO-FAULT DIVORCE: ANALYSIS FROM THE PERSPECTIVE OF COMPLEX THINKING

Abstract

Law includes a series of external behaviors related to an expected maximums and minimums system. Nevertheless, individuals’ relationships can cross these limits. This is why this article proposes the complex thinking as an auxiliary theoretical framework for the jurisdictional body during the decision-making process in a separation or a non-fault divorce. In the proposed analysis, child is presented as the cause of the conflict (emergent complexity) in the legal and procedural relationship. It also emphasizes the parental alienation produced in child, as well as the complexity approach in legal matters allowing the Judge to use the complex thinking (philosophical premise) as an auxiliary tool to make their decision. In the second part of the analysis, it is studied through empirical methods how the Judge reduces the emerging complexity based on the complex thinking.

The Judge will also have to protect the individual rights of spouses as well as the child feelings, in case of parental alienation, since their decision will have more significant implications than it is actually noticed by the parties involved in the process.