Many parents feel frustrated with an estranged partner from time to time. The other parent may tell the child unpleasant stories about you, focus on your perceived faults, or encourage the child not to spend time with you. If your child begins to refuse contact, you may question whether this behaviour goes beyond being hurtful or inappropriate and instead amounts to parental alienation.
From the Family Court’s perspective, parental alienation remains complex and controversial. Recent guidance from the Family Justice Council emphasises that the child’s lived experience must sit at the centre of any assessment. The guidance also recognises that courts have historically misunderstood or misapplied allegations of parental alienation in cases involving domestic abuse.
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’. This must not be caused by that parents own actions or the child preferences. In addition, the other parent has used ‘alienating behaviours’. These behaviours have directly or indirectly led to the child’s behaviour.
Fact Finding
In children law cases, a judge can make a finding of fact to decide whether alleged behaviour or events took place. The court will usually direct a separate fact-finding hearing to determine the truth of disputed allegations, such as domestic abuse or parental alienation.
A court could, in theory, make a finding of parental alienation even where a child still spends time with you but has become emotionally withdrawn. In practice, this would be difficult to prove. Most cases involve a child who refuses to spend time with one parent altogether.
Alienating behaviours can take many forms. For example, a parent might give the child untrue or age-inappropriate information about the other parent or their past relationship. Alternatively, they may arrange appointments and trips on days when contact was expected to take place. However, the court will not focus on a single upsetting incident. Instead, it will examine whether there is a consistent pattern of behaviour over time.
It can be hard to assess your child’s behaviour objectively, particularly if your own parenting is being scrutinised. Simply showing that the other parent has displayed potentially alienating behaviour is not enough. Moreover, the court will consider whether there are other explanations for the child’s reluctance. These may include concerns about the alleging parent’s own parenting. Also, the possibility that contact feels disruptive or emotionally overwhelming for the child will be considered. In addition, the court will look at whether the child has formed a stronger attachment to the other parent.
Parental Alienation and Domestic Abuse
In recent years, parents accused of domestic abuse have increasingly raised allegations of parental alienation. This has brought the issue under greater scrutiny. Where a case involves allegations of domestic abuse, the Family Justice Council guidance directs the court to consider those abuse allegations first. If the court finds them proven, it is unlikely to accept any counter-allegations of parental alienation. This is because a history of domestic abuse will usually explain a child’s reluctance or refusal 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, the court adopts a broader perspective.
What happens next?
Talking to your ex-partner or going to mediation could resolve the issue. If this approach fails or proves inappropriate, you can raise allegations of parental alienation within an application for a child arrangements order. The court will often deal with these allegations at a separate fact-finding hearing. A child arrangements order is a court order. It sets out with whom a child will live, spend time, or otherwise have contact.
If you allege parental alienation, you must prove it, and that can be difficult. The court will usually consider evidence from a CAFCASS officer (Children and Family Court Advisory and Support Service). This independent professional, typically a trained social worker, speaks with both parents and the child and prepares a report setting out the child’s wishes and identifying any safeguarding risks.
If the court finds that parental alienation has taken place, it does not automatically change the child’s living arrangements. Instead, the court assesses the child’s needs and considers the potential harm caused by the alienating behaviour. It also evaluates all relevant welfare factors before making a decision.
Whether you are considering raising concerns about parental alienation or responding to allegations, seeking early legal advice can help you understand your options and protect your relationship with your child. At Blanchards Law, our experienced family law team advises clients on a wide range of children matters and provides practical, sensitive support. Contact us to discuss how we can help.
Contact us today to discuss how we can help.
Can we help you? Please call us on 0333 344 6302 or contact us through our enquiry form. All initial enquiries are free and without obligation.
"*" indicates required fields
