German Court Rejects Parental Alienation Claims in Landmark Custody Ruling
A landmark ruling by the Frankfurt am Main Higher Regional Court has set new boundaries in child custody disputes. On January 5, 2026, judges decided that a child’s refusal to see one parent cannot be automatically blamed on manipulation by the mother. The case involved an 11-year-old boy who rejected contact with his father, despite the father’s demands for a change of residence.
The court rejected claims that the boy’s decision was solely due to his mother’s influence. A court-appointed expert had initially recommended moving both children to their father’s home, arguing the mother had manipulated them. However, judges found this reasoning flawed and ruled it inadmissible to rely on theories like Parental Alienation Syndrome (PAS) or one-sided estrangement (EKE) in custody cases.
The father had made multiple false accusations against the mother, including neglecting the children’s healthcare, misconduct at work, and unfounded child abuse claims against her new partner. The court determined that these actions had worsened the conflict, leading to the mother being granted sole custody. The ruling is final, with no possibility of appeal. The full decision will be published shortly on the Hessian legal database, www.rv.hessenrecht.hessen.de.
The court’s decision reinforces that a child’s genuine refusal of contact must be taken seriously, regardless of parental disputes. By dismissing PAS-based arguments and granting sole custody to the mother, the ruling aims to reduce further conflict. The case sets a precedent for how similar disputes may be handled in future custody proceedings.
