German Court Rejects Parental Alienation Claims in Landmark Custody Ruling
A landmark custody ruling was issued on January 5, 2026, by the Frankfurt am Main Higher Regional Court. The decision granted sole custody to a mother after determining that joint custody had become unworkable due to persistent conflict. The case also addressed controversial claims of Parental Alienation Syndrome (PAS), setting a precedent for future disputes.
The court examined a long-running dispute where the father had repeatedly made false accusations against the mother and her new partner, fueling a high-conflict environment and making shared parenting impossible.
An 11-year-old boy had refused contact with his father, a stance the court respected despite an expertâs recommendation to change the childâs residence. The judges ruled that such refusal could not be automatically blamed on manipulation by the custodial parent. The court also dismissed expert opinions based on PAS or one-sided parental estrangement (EKE) as inadmissible in custody cases. It criticized the expertâs reliance on circular reasoning and failure to properly assess the fatherâs behavior. The ruling, now final and non-appealable, marks a clear rejection of PAS-based arguments in family law.
The decision reinforces that a childâs refusal to see a parent must be evaluated individually, not assumed to be the result of manipulation. By rejecting PAS theories, the court has limited their use in future custody battles. The mother now holds sole custody, ending a prolonged legal struggle.