In December 2024, the Family Justice Council published guidance to assist the court in dealing with allegations of parental alienation – but what does that mean? Parental alienation is a complex and emotionally charged issue that can arise during family disputes, particularly in cases involving contentious separations and divorce. It occurs when a child becomes estranged from one parent due to the actions or influence of the other parent. This behaviour may be intentional or unintentional and can have serious emotional and psychological consequences for the child.
What is Parental Alienation?
Parental alienation refers to situations where a child’s relationship with one parent is significantly damaged, not because of legitimate concerns such as abuse or neglect, but due to the influence of the other parent. This can involve negative remarks, limiting contact, or encouraging a child to reject the other parent.
However, the Family Justice Council’s guidance emphasises that not all cases of parental resistance or estrangement are due to alienation. Children may have valid reasons for resisting contact, including exposure to harmful behaviour, high parental conflict, or feeling caught between two opposing sides. The courts and professionals working on these cases must carefully assess whether a child’s reluctance to see a parent is the result of alienation or other legitimate factors.
Signs of Alienating Behaviour
Alienation can take many forms, including:
- Speaking negatively about the other parent in front of the child.
- Encouraging rejection of the other parent by portraying them as dangerous, unloving, or unworthy of a relationship.
- Interfering with contact by making excuses or preventing visits.
- Manipulating a child’s emotions to make them feel guilty about spending time with the other parent.
- Withholding important information about the child’s health, education, or activities from the other parent.
- Creating an environment of fear or loyalty conflict, making the child believe they must choose one parent over the other.
How Does the Court Approach Parental Alienation?
The courts prioritise the best interests of the child in any family dispute. If a parent alleges alienating behaviour, the court will carefully examine the circumstances to determine whether the child’s rejection of a parent is due to alienation or other legitimate reasons.
The court considers evidence from multiple sources, including parents, professionals, and sometimes the child, to understand the underlying reasons for contact difficulties.
The role of experts, such as psychologists or independent social workers, is crucial in assessing whether a child has been subjected to alienation. These experts may conduct interviews, review family dynamics, and make recommendations to the court.
Judges may order interventions such as family therapy, supervised contact, or parenting programmes to help restore the parent-child relationship.
In severe cases, if alienation is proven and is significantly harming the child, the court may alter child arrangements or even change residence if it is deemed necessary to protect the child’s well-being.
The guidance also highlights that allegations of alienation can sometimes be misused in high-conflict cases, where one parent may accuse the other unfairly to gain a legal advantage. The court will always take a balanced and evidence-based approach.
What Should Parents Do?
If you are concerned about parental alienation, consider the following steps:
- Remain calm and avoid retaliating – Responding with anger or attempting to alienate in return can make things worse.
- Keep communication open – Maintain a consistent and positive relationship with your child where possible, even if contact is limited.
- Document any concerns – Keep a record of missed contact, communication issues, or concerning statements.
- Encourage a positive co-parenting approach – Demonstrating a willingness to cooperate with the other parent can help rebuild trust and support your child’s well-being.
- Seek professional support – Therapists, mediators, and legal professionals can provide guidance on how to address alienation effectively and protect your rights.
How can we help?
Parental alienation is a serious issue that can harm both the child and the affected parent. However, it is crucial to handle concerns about alienation carefully and objectively. Courts take a balanced approach, ensuring that any allegations are properly assessed to protect the child’s best interests.
If you believe you are experiencing parental alienation or need advice on child arrangements, our team is here to support you through the process and help you achieve the best outcome for your child.
