The Effectiveness of the Mandatory Shared Custody as Prevention for the Parental Alienation

Abstract

The present article’s theme is the effectiveness of the mandatory shared custody as prevention for the parental alienation. The theme is relevant in view of the late formalization of these themes in the Brazilian order as well as the high number of disputes between parents about the custody of children, when parental alienation can take place. Therefore, the research intends to answer the following question: is the mandatory shared custody effective to prevent parent alienation? The objective is, in general, to analyze the effectiveness of mandatory shared custody as prevention of parental alienation. Specifically, it traces the
historical notion of the family, outlining its concept; talks about family power; analyzes the doctrine of integral protection which unfolds in the principles of the best interest of the child, of priority, care and affection; examines the families dissolution, specifies the modalities of custody existing in the order, examines the institution of mandatory shared custody; discusses parental alienation, in accordance with Law no. 12.318/2010. It was performed a qualitative, exploratory, bibliographic, documental, historical and jurisprudential research. Yet, the method of deductive approach and the standard procedural monographic method were used. The mandatory shared custody encourages dialogue and respect between parents, because it promotes multiprofessional follow-up, so that the problems arising from the divorce don’t affect the relationship with the children, protecting the best interest of the child and the fundamental right of coexistence. Therefore, it is concluded that the mandatory shared custody is an effective instrument for preventing parental alienation.