Parental alienation · SPD Advocacia
Have you been kept away from your child? Parental alienation
When one parent blocks contact, speaks badly of the other to the child or makes false accusations, the law allows you to ask the judge for measures. Tell us what is happening and get an analysis of the case.
What the law says
What parental alienation is
It is interference in the psychological development of a child or adolescent so that they reject their father, mother or the family of one of them, or to disrupt that bond. It may come from one of the parents, the grandparents or whoever has the child in their care.
A constant campaign against the father or mother in front of the child.
Creating obstacles to visits or failing to comply with what was agreed or decided.
Withholding information about school, health or a change of address.
Making a false report to keep the child away from the other parent or their family.
Source: Law 12,318/2010, art. 2, as amended by Law 14,340/2022. There is a bill in Congress that proposes repealing this law. Until it changes, it remains in force, and the right to contact remains protected by the Civil Code and the Child and Adolescent Statute.
What is your case?
Situations the firm handles
Visitation secured
The judge may set or expand visitation, including supervised visitation when necessary, and order urgent measures during the case.
Law 12,318/2010, art. 4Defense with technical evidence
A false accusation is serious and needs a quick response, with a psychological or biopsychosocial assessment and evidence showing the actual relationship.
Law 12,318/2010, arts. 2 and 5Child's domicile
Moving without justification to hinder parenting time may lead the judge to set the child's residence and review custody.
Law 12,318/2010, art. 6Request in the same case
Alienation can be raised in the case already underway, with a request for an expert assessment and priority handling.
Law 12,318/2010, art. 4Balanced defense
Anyone accused of alienation also has the right to a defense, with a review of the evidence and of the assessment carried out by the technical team.
Right to be heard and full defenseTime with family
The law protects the child's bond with the whole family, and grandparents can also request that visitation be regulated.
Civil Code, art. 1,589, sole paragraphWhat the judge can do
Measures provided by law
Once alienation is recognized, the judge chooses the measure according to the seriousness of the case. These include a warning to the alienating parent, expanded contact with the estranged parent, a fine, psychological or biopsychosocial follow-up, a change to shared custody or a reversal of custody, and a provisional setting of the child's residence.
Source: Law 12,318/2010, art. 6. The expert report, when ordered, must be submitted within 90 days (art. 5).
Step by step
How the firm works
- Listening and organizing the facts. Timeline of denied visits, messages, moves and accusations.
- Gathering evidence. Conversations, school records, professional reports and witnesses.
- Request to the judge. A separate lawsuit or a request within the custody case, with urgency when contact has been cut off.
- Follow-up. Expert review, hearings and compliance with the measures, always focused on the child's well-being.
Case review
Let's review your case
Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
Do I need evidence before contacting the firm?
No. In the analysis, we help identify what already exists, such as messages and school records, and what can still be gathered.
My child says they don't want to see me. What now?
A child's refusal must be understood carefully. In many cases the judge orders a psychological assessment to find out why and set visitation safely.
I was accused of something I didn't do. What should I do?
Do not disobey court decisions or seek out the child on your own. Keep documents and conversations and get guidance right away, because the defense usually depends on short deadlines.
How long does it take?
The law gives these cases priority, but the timing depends on the city, the expert assessment and the urgency of the case.
Do you serve clients outside Goiás?
Yes. Service can be provided remotely, with video meetings and documents sent through the form.
How much does it cost?
After the analysis, the firm sends a written fee proposal before any engagement.