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.” This is a complex, emotionally charged issue. Recent guidance from the Family Justice Council (FJC) clarifies how the Courts handle these situations.

Whether your child is becoming distant or resistant to contact, or you face accusations, you need to understand what the Courts consider alienating behaviours to be. As well as what steps you can take to protect your relationship with your child.

What Are Parental Alienating Behaviours?

Parental alienating behaviours are defined by the Family Justice Council as psychologically manipulative behaviour. Behaviour that is intended or otherwise, by one parent towards a child that results in the child’s reluctance, resistance or refusal to spend time with the other parent.

Not every case of a child resisting contact stems from alienating behaviours. A child may have valid concerns, such as safety risks, exposure to conflict, or past experiences with a parent. The Court therefore takes a careful, evidence-based approach when evaluating claims of 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. This means that 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 suspect your child is being influenced against you, or face allegations of alienating behaviour, seek legal advice promptly. Especially regarding potential Parental Alienating Behaviours.

Raise these concerns at the start of proceedings so the judge can decide if a fact-finding hearing is necessary. The Court will also assess the seriousness and complexity of the issues to determine whether the case stays in the Magistrates’ Court or moves to the County Court for higher-level review.

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. They may recommend appropriate support, interventions, or arrangements for the child.

Final Thoughts

If your child resists contact or your relationship is strained due to potential Parental Alienating Behaviours, act early and get specialist legal support.

The Family Justice Council guides Courts on parental alienation. But outcomes depend on clear evidence and prompt 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.