Project XV: Proposal to Repeal
Title XV of Public Law 117–103 (March 15, 2022),
the VIOLENCE AGAINST WOMEN ACT REAUTHORIZATION ACT OF 2022
(December 1, 2025)
Overview of Current Problem
When the Violence Against Women Act (VAWA) was reauthorized in 2022, it contained a serious flaw. Title XV of the VAWA—Keeping Children Safe from Family Violence, also called Kayden’s Law—superficially pertains to the prevention of domestic violence. However, the actual purpose of Title XV was to prevent local state judges from intervening in cases of severe parental alienation, a form of custodial interference and parental kidnapping. Title XV should be deleted when the VAWA is renewed in 2027 or 2028.
Parental alienation is a mental condition in which a child—usually one whose parents are engaged in a high-conflict separation or divorce—allies strongly with one parent and rejects a relationship with the other parent without a good reason. Parental alienation is caused by the indoctrination of the child by one parent (the favored parent) to fear and avoid the second parent (the rejected parent). This mental condition affects about 1% of children and adolescents in the U.S., which amounts to about 700,000 victims of this type of family violence.
Specific Criticisms of Title XV
In cases of severe parental alienation, the favored parent has purposefully and persistently indoctrinated the child against the rejected parent. Most mental health and legal professionals consider that to be child psychological abuse. In cases of severe parental alienation, the primary intervention is usually removal of the child from the household of the alienating parent, at least temporarily. (The same intervention is court-ordered in cases of severe physical abuse and sexual abuse.)
The problematic passages below were incorporated into Title XV for the purpose of preventing family court judges from removing the child from the home of the abusive parent. As a result of this part of VAWA (2022): Family court judges see tragic cases involving severe parental alienation every day, but they are unable to order suitable interventions for the victimized children and the rejected, alienated parents.
SEC. 1502. FINDINGS.
(6) With respect to cases in which an allegedly abusive parent claimed the mother ‘‘alienated’’ the child, courts believed only 1 out of 51 claims of sexual molestation by a father. Independent research indicates that child sexual abuse allegations are credible between 50 and 70 percent of the time. [NOTE: The research cited here pertains to “allegedly abusive” fathers, not fathers actually proven to have been abusive.]
(9) Scientifically unsound theories that treat abuse allegations of mothers as likely false attempts to undermine fathers are frequently applied in family court to minimize or deny reports of abuse of parents and children. Many experts who testify against abuse allegations lack expertise in the relevant type of alleged abuse, relying instead on unsound and unproven theories. [NOTE: This “finding” suggests that parental alienation theory is “unsound and unproven,” which is a false statement.]
SEC. 1504. INCREASED FUNDING FOR STOP GRANTS.
(3) LAWS (A) (i) expert evidence from a court-appointed or outside professional relating to the alleged abuse may be admitted only if the professional possesses demonstrated expertise and clinical experience in working with victims of domestic violence or child abuse, including child sexual abuse, that is not solely of a forensic nature; [NOTE: This provision allows experts in domestic violence to testify in family court, but not experts in parental alienation.]
(3) (B) (i) a court may not, solely in order to improve a deficient relationship with the other parent of a child, remove the child from a parent or litigating party—(I) who is competent, protective, and not physically or sexually abusive; and (II) with whom the child is bonded or to whom the child is attached; [NOTE: This provision prevents judges from protecting children from manipulative, abusive, alienating parents.]
(3) (B) (ii) a court may not, solely in order to improve a deficient relationship with the other parent of a child, restrict contact between the child and a parent or litigating party—(I) who is competent, protective, and not physically or sexually abusive; and (II) with whom the child is bonded or to whom the child is attached; [NOTE: This provision prevents judges from protecting children from manipulative, abusive, alienating parents.]
(3) (B) (iv) a court may not order a reunification treatment that is predicated on cutting off a child from a parent with whom the child is bonded or to whom the child is attached. [NOTE: This provision prevents judges from protecting children from manipuative, abusive, alienating parents.]
Proposed Solution for this Serious Legal Problem
It is impractical to correct this legislative error by amending and correcting individual words and passages. The only reasonable solution is to repeal the entire Title XV of VAWA, which constitutes only a few pages. Taking this action will not compromise the remaining parts of VAWA, which is a very lengthy law.
Additional Background Information
The groups that promoted the introduction of Title XV into VAWA (2022) were women’s rights organizations. Title XV is a blatant attempt to increase the power of women in family court and reduce and even eliminate the ability of men to have access to their children. These organizations included the National Safe Parents Coalition (and its policy manager, Danielle Pollack), the Center for Judicial Excellence, and the National Family Violence Law Center at George Washington University Law School. It is somewhat ironic, since parental alienation damages both mothers and fathers, when they are the rejected parent.
Rep. Brian Fitzpatrick (R-PA) was the author and primary sponsor of Title XV in the House of Representatives. There were 186 cosponsors of VAWA in the House of Representatives, but not specifically of Title XV.
Senators Joni Ernst (R-IA), Diane Feinstein (D-CA), Richard Durbin (D-IL), and Lisa Murkowski (R-AK) were the primary cosponsors of VAWA in the Senate. There were several additional cosponsors of VAWA in the Senate, but not specifically of Title XV.
Information Regarding Parental Alienation Theory
There is no lack of scholarship regarding the reality and the devastating consequences of parental alienation for separated and divorced families. More than 200 books have been published regarding parental alienation, many of them written by rejected, alienated parents. There are more than 1,200 journal articles and book chapters regarding this topic, many of them in scholarly, peer-reviewed journals, for example, journals published by the American Psychological Association, the American Academy of Child and Adolescent Psychiatry, and the Association of Family and Conciliation Courts.
A few pertinent publications from the scientific literature:
Bernet, W., & Greenhill, L. L. (2022). The Five-Factor Model for the diagnosis of parental alienation. Journal of the American Academy of Child and Adolescent Psychiatry, 61(5), 591–594. (This is a short article in an important, peer-reviewed journal. A complimentary reprint of this article is available at william.bernet@vumc.org.)
Harman, J. J., Warshak, R. A., Lorandos, D., & Florian, M. J. (2022). Developmental psychology and the scientific status of parental alienation. Developmental Psychology, 58(10), 1887–1911. (This is an important review of research regarding parental alienation. It was published in one of the journals owned by the American Psychological Association. A complimentary reprint of this article is available at william.bernet@vumc.org.)
Marsden, J. (2025). The scientific rigor of parental alienation studies: A quality assessment of the peer-reviewed research. Partner Abuse. Posted pre-publication. DOI: 10.1891/PA-2024-0045. (This is a recent, comprehensive review of parental alienation research. It has been posted on-line, although it has not yet been published.)
Parental Alienation Study Group (2025). Parental Alienation Theory: Official Synopsis. Springfield, IL: Charles C Thomas. (This is a short book intended for the education of attorneys and judges. In child custody litigation, it can be introduced as an exhibit. The PDF of this book is available for free at www.pasg.info.)
Sponsorship by Advocacy Groups and Professional Organizations
This initiative has been endorsed by the following organizations:
- Domestic Abuse and Violence International Alliance (DAVIA). DAVIA has over 200 member organizations in 40 countries. www.endtodv.org/davia
- Global Action for Research Integrity in Parental Alienation (GARI-PA). GARI-PA is an international consortium of researchers and organizations that promote high quality research regarding parental alienation.www.garipa.org
- International Council of Men and Boys (ICMB). ICMB is dedicated to celebrating the positive contributions of men and boys to society, and to advancing true gender equality. www.menandboys.net
- International Council on Shared Parenting (ICSP). ICSP is a nonprofit organization that promotes research and advocates for the needs of children whose parents do not live together. www.twohomes.org
- International Support Network for Alienated Parents (ISNAF). ISNAF has about 3,000 participants, primarily alienated and reunited parents, grandparents, and other family members. www.isnaf.info
- National Parents Organization (NPO). The mission of NPO, which has many state chapters, is to protect every child’s right to the love and care of both parents when divorced or separated. www.sharedparenting.org
- Parental Alienation Study Group (PASG). PASG has about 1,300 members, primarily mental health and legal professionals and alienated parents. www.pasg.info
- Parental Alienation Support and Intervention (PASI). PASI has about 400 members, who are mental health and legal professionals, alienated parents, and other family members. www.pas-intervention.org
- Parental Alienation Consortium (PAC). PAC includes about 100 member organizations that are involved in some way with family law. www.paconsortium.org
Follow-up and Contact for This Initiative
For more information regarding this proposed amendment, contact William Bernet, M.D., at william.bernet@vumc.org.
Overview of Project XV
