When a couple separates, sometimes one parent will say that their child doesn’t want to spend time with the other parent, which can lead to allegations that there has been parental alienation. Over the last few years, there have been an increasing number of family court cases where parental alienation is mentioned. It can be difficult for the court to decide whether one parent has behaved in a way that justifies their child refusing to see them, or whether the other parent is “alienating” or inappropriately turning the child against them.
There has been a new guidance published by the Family Justice Council (FJC) to help the court and legal professionals deal with these cases.
What is parental alienation and alienating behaviour?
Alienating Behaviour is defined by the FJC as ’psychologically manipulative behaviours, intended or otherwise, by a parent towards a child which have result in the child’s reluctance, resistance or refusal to spend time with the other parent’.
The guidance attempts to establish a framework for handling allegations of Alienating Behaviour, that is easy for the court and legal professionals to follow. It aims to ensure that the children’s welfare remains the court’s paramount concern. The guidance hopes to encourage the court to focus on the impact of the alleged alienation on children.
The guidance states that there are three core elements that must be satisfied for the court to find that there is Alienating Behaviour occurring:
- The child must show a reluctance, resistance or refusal to spend time towards one parent.
- The refusal is unjustified by that parent’s actions.
- The other parent’s behaviour must have directly or indirectly caused the child’s reluctance, resistance or refusal.
Domestic abuse and allegations of alienating behaviour
It emphasises that in cases where there has been domestic abuse, the court should carefully consider whether a child’s exposure to this environment has caused their refusal to spend time with one parent. In this situation, the refusal may be justified. The guidance expresses that it is very rare for a child’s reluctance, resistance, or refusal to be based solely on Alienating Behaviour by one parent, but when it is, there must be clear evidence to support the finding.
Family Justice Council guidance
The guidance stresses that the welfare of the child remains the court’s main concern. In situations where Alienating Behaviour is alleged, the child’s voice must be respected and only discredited should there be clear evidence of manipulation by one parent. The court should be wary of making orders that remove a child from one parent’s care. The court, where possible, should try to promote stability for the child and consider their emotional welfare. If the court concludes that there is no other option than to remove a child from the care of one parent and place the child with another, the consequences of the change in residence must be carefully considered. The court can ask for the recommendations of a Children’s Guardian (a specially trained professional who gives independent guidance about what is in the best interest of a child) and for the local authority to complete a s37 report to consider the child’s welfare and safety.
The guidance highlights that experts should be used for assessing family relationships and recommending interventions to assist a family in reversing the effects of Alienating Behaviour on a child.
For cases where Alienating Behaviour may be present, it must be allocated to higher level Judges.
Where the court decides that there has been Alienating Behaviour, it should consider whether it is sensible for interim intervention to be put in place to attempt to minimise the impact of Alienating Behaviour on the child and the other parent. Any interventions should be recommended by a psychologist, individually tailored to the family, and consider the family as a whole as well as the child’s welfare.
The guidance further recognises the role that psychological manipulation by a parent can have on a child’s refusal to spend time with one parent. It may be helpful for a psychologist to assess a parent’s ability to change and stop the psychological manipulation, to achieve the best outcome for the child.
The guidance can be found here: Family Justice Council Guidance on responding to allegations of alienating behaviour – December 2024.
How TWM can help you
If you would like further information or advice about how we can help in situations where parental alienation may be an issue, please contact one of our specialist Family team at TWM for a confidential meeting, and we will guide you through the process.
