Parental Alienation

Many parents will feel frustrated at times by their estranged partner. This might be caused by the other parent telling unpleasant stories about you, complaining about your perceived faults or encouraging the child not to see you. If your child is refusing to spend time with you, you may start to wonder if your ex-partner’s behaviour is not just annoying or inappropriate but would amount to parental alienation.

From the perspective of the Family Court, parental alienation is complex and controversial. Recent guidance from the Family Justice Council, an advisory group, asserts that the child’s experience is central to understanding these allegations, which have historically been misunderstood in cases of domestic abuse.

At Blanchards Law, we understand that both raising parental alienation as an issue and being accused of it can be stressful and difficult, and we can work with you to achieve the best possible outcome.

What is Parental Alienation?

Typically for parental alienation, in the case of Re C (‘Parental Alienation; Instruction of Expert) [2023], it needs to be shown that the child is ‘reluctant, resisting or refusing to engage in… a relationship with a parent’, that this is not caused by that parent’s own actions or the child’s preferences, and the other parent has used ‘alienating behaviours’ that have directly or indirectly led to the child’s behaviour.

In children law cases, the judge can make a ‘finding of fact’, to decide whether alleged behaviour or events took place. The court would usually order a separate fact-finding hearing to consider allegations of domestic abuse, parental alienation or similar. A finding of parental alienation could technically be made where a child regularly spends time with you but has become emotionally withdrawn. In practice, this would be difficult to prove as most cases involve a child who is refusing to spend time with their parent.

The alienating behaviours that can cause this situation are many and varied, such as the other parent telling the child untrue or age-inappropriate information about your relationship, or arranging appointments or trips on days you expected to see the child. It can be easy to jump from one incident that you found hurtful to concern that you are being separated from your children, but the court would look at the pattern of behaviour over time.

It can be difficult for you to assess objectively the reasons behind your child’s actions, especially if your own parenting style is being put under the microscope. However, merely demonstrating that the other parent has exhibited alienating behaviours is not enough, as the court may think there could be different causes for a child’s hesitancy. Alternative explanations include harmful parenting by the parent bringing the allegation, the child finding contact too disruptive or emotionally challenging, or the child having a stronger attachment to the other parent.

Parental Alienation and Domestic Abuse

Parental alienation has come under scrutiny in recent years as it has frequently been raised by parents who have been accused of domestic abuse.

Where there are also allegations of domestic abuse, the Family Justice Council guidance states that the abuse allegations should be considered first. If found to be true, any counter-allegations of parental alienation are unlikely to be accepted, as the history of domestic abuse will usually explain a child’s unwillingness to see the other parent.

In addition to this, the Family Justice Council has highlighted that ‘Parental Alienation Syndrome’ has no evidential basis and is seen as a harmful pseudo-science. This is where a child can be ‘diagnosed’ as rejecting one parent due to the other parent’s psychological manipulation. The focus of the court is on the wider family context and the individual child, instead of looking purely at the parent accused of using alienating behaviours.

What happens next?

Talking to your ex-partner or going to mediation could resolve the issue. If this fails or is inappropriate, allegations of parental alienation can be raised in an application for a child arrangements order and will often be dealt with in a separate fact-finding hearing. A child arrangements order is a court order that sets out with whom a child will live, spend time, or otherwise have contact.

Be aware that if you are alleging parental alienation, that is for you to prove, and that is difficult. The court will usually consider evidence from a CAFCASS officer, also known as a Children and Family Court Advisory and Support Service officer. This is an independent professional, typically a trained social worker, who would speak with both parents and the child and prepare a report setting out the child’s wishes and any safeguarding risks.

In cases where parental alienation is found to have taken place, this does not guarantee that the child’s living arrangements will change. Instead, the court would assess the child’s needs considering the harm that parental alienation can cause, taking into account all of the relevant welfare factors.

Whether you are thinking about raising concerns of parental alienation or responding to allegations, early legal advice can help you understand your options and protect your relationship with your child. At Blanchards Law, our experienced family law team supports clients across a broad range of children’s matters with practical, sensitive advice.

Contact us today to discuss how we can help.