Understanding Parental Alienating Behaviours: What You Need to Know in Family Court

Understanding Parental Alienating Behaviours: What You Need to Know in Family Court

If you are going through a difficult separation or divorce and struggling with contact arrangements for your child, you may have come across the term “parental alienation” or “parental alienating behaviours.” It is a complex and emotionally charged issue, and recent guidance from the Family Justice Council (FJC) has provided clearer direction on how the Courts address these situations.

Whether you are concerned that your child is becoming increasingly distant or resistant to contact, or you are facing accusations yourself, it is important to understand what the Courts mean by alienating behaviours, and what steps you can take to protect your relationship with your child.

What Are Parental Alienating Behaviours?

Parental alienating behaviours are defined by the FJC as psychologically manipulative behaviours, intended or otherwise, by one parent towards a child that result in the child’s reluctance, resistance or refusal to spend time with the other parent.

It is important to recognise that not every situation where a child resists contact is caused by alienating behaviours. Sometimes, a child may be reluctant for valid reasons, such as concerns about safety, exposure to conflict, or past experiences with that parent. This is why the Courts take a careful, evidence-based approach when these concerns are raised about Parental Alienating Behaviours.

How Do Courts Decide If Alienating Behaviours Have Occurred?

According to the FJC, a Court must be satisfied that three specific elements are present before it can conclude that parental alienating behaviours have taken place:

1. The child is reluctant, resisting, or refusing to spend time with one parent or carer.
2. This resistance cannot be explained by the actions of that parent towards the child or the other parent, meaning it is not a justified rejection based on witnessing harmful behaviour, past trauma, or the child’s natural affinity or attachment, often tangled with parental alienating behaviours.
3. The other parent has engaged in behaviours, deliberately or not, that have directly or indirectly impacted the child and led to their reluctance or refusal to engage with the other parent.

Only when all three of these elements are clearly established can the Court make a decision that alienating behaviours have occurred.

When and How Should These Concerns Be Raised?

If you believe your child is being influenced against you, or if you are facing allegations of alienating behaviour, it is essential to seek legal advice as early as possible when dealing with potential Parental Alienating Behaviours.

Concerns about alienating behaviours should be raised at the start of the Court process. This allows the judge to consider whether a fact-finding hearing is needed to explore the situation in more detail.

The Court will also need to consider the nature, seriousness and complexity of the issues raised in deciding whether the case should be retained or transferred from the Magistrates Court to the County Court, where it will be heard at a higher level of judiciary.

Will My Child Be Involved in the Case?

In some circumstances, the Court may decide to join the child as a party to the proceedings. This means the child will have their own legal representative, particularly where their wishes and feelings are central to the case or where expert psychological input is needed. Please note that this does not mean that the child will be required to attend Court.

If an assessment is required, the child’s legal aid may help fund it but this typically follows a Court finding that alienating behaviours or another serious concern, such as domestic abuse, is present.

What About Expert Reports?

A common misconception is that an expert will be asked to “diagnose” parental alienation. Under current guidance:

• It is the judge, not an expert, who decides whether alienating behaviours have occurred.
• However, if the Court does make that finding, an independent psychologist may be instructed to assess the family dynamics and recommend appropriate support, interventions, or arrangements for the child.

Final Thoughts

If you are involved in a private child law dispute and facing challenges around contact resistance, fractured parent-child relationships, or possible Parental Alienating Behaviours, it is vital to act early and seek specialist legal support.

The latest guidance from the Family Justice Council is designed to help the Courts navigate cases where parental alienating behaviours are raised, but every case is different, and outcomes depend on careful evidence and timely action.

At Blanchards Law, we regularly support parents involved in complex disputes, including those involving allegations of alienating behaviours or domestic abuse. We are here to guide you through every stage of the process with compassion, clarity, and practical advice.

Need advice?

Contact us today for a confidential consultation. Let’s work together to protect your relationship with your child.