Parental Alienation

All too often, we hear a parent say that the only reason their child does not want to see them is because the other parent has “brainwashed” or turned against them.

Equally, the other parent might say the child does not want to see them because of how they have behaved. But how does the court get to the bottom of why a child might be refusing to see a parent – whose fault is it, and how can it be resolved?

Who decides whether this has happened and what is the punishment?

The starting point in any family case before the court is that children should have contact with both parents, that it is in their welfare interests to have these relationships and that it is detrimental to their welfare to be prevented from having these relationships. As a result of this, the court wants to see contact happening and will expect both parents to encourage this and work towards this happening, provided there are no obvious safeguarding reasons as to why this contact shouldn’t happen.

In past years, the approach has been very much to try and force contact with a parent at all costs, particularly where there is no obvious reason why a child might have such strong feelings about not wishing to have a relationship with one of their parents. There has been perhaps a more child focused shift in the management of these cases in recent times.

Family Justice Board Guidelines

The Family Justice Board has issued some guidance that takes a more pragmatic approach to considering why children might not want a relationship with a parent and gives guidance on how these cases should travel through the court system.

Clarity has been given that it is the court’s decision as to whether there has been parental alienation of a child, not a psychologist’s. Previously, psychologists have been asked to label this. The court was clear in the case of Re C (Parental Alienation) 2023 it is not a syndrome capable of being diagnosed but behaviours that must be evidenced to the satisfaction of a court to be considered “alienating behaviours”.

There are three factors which must be present for the court to be asked to make a determination about whether parental alienation has occurred.

• Firstly, the court will consider whether the child is reluctant, resisting or refusing to have contact with a parent. This will be the most obvious factor to determine.
• Secondly, the court will need to consider the reasons why the child is refusing to engage with the parent. Are there allegations from the resident parent or the child themselves about the behaviour of the parent seeking contact, which might have led to the refusal – is the refusal, as a result, “justified”? Perhaps a factor which might be significant here is where the resident parent makes allegations of abusive behaviour towards them or the child. More often than not it might be said that this is made up – to “justify” the refusal.
• Thirdly, the court then must consider whether the resident parent has engaged in behaviours which have impacted the child and led them to refuse the relationship with the parent seeking contact. In short have the behaviours of the resident parent psychologically manipulated the child’s view of the parent seeking contact?

How does the court reach a decision about this?

The most usual way is the collection of evidence from the parents and third parties (including CAFCASS who might interview the child) and the holding of a fact-finding hearing to consider all of this and make determinations.

If there are disputed allegations of domestic abuse, then the court should hold a fact-finding hearing to make a determination about this before holding the fact-finding hearing about whether or not there has been parental alienation. This is important because it is now being better acknowledged that if there has been abusive behaviours from the parent seeking contact, the behaviours of the resident parent which may have impacted the child are likely to be more “justifiable” in the circumstances and need to be considered in context.

Therefore, in order for findings of parental alienation to be made by the court there must be evidence the child has been manipulated on the basis of the false/failed allegations into an unjustified refusal of relationship with a non resident parent.

Only after these findings are made do the court then go on to consider what input and investigation there should be with the family as a whole to try and break down the barriers and restart these relationships. Ultimately in cases where significant parental alienation findings are made the court can consider psychological assessment and input and in extreme cases transfer of residence to the non resident parent and cessation of contact with the resident parent. In effect the view being that the short term damage to the child in forcing this relationship is overcome by the long term benefit to being removed from an emotionally harmful parent.

In some extreme cases however the views of the child are so entrenched and they are so aligned with the resident parent that the damage caused by a transfer of residence is considered so emotionally harmful and damaging to the child that notwithstanding findings of parental alienation the non resident parent does not succeed on their application for contact.

Many feel this guidance has raised the bar too high for proving parental alienation has occurred. Others feel it has been a long time coming and that the increase of cases in which parental alienation is alleged by abusive parents and the litigation process has for too long allowed continued abuse of parents and children through that process.

How can we help

Whichever side of the fence you are, here at Wilson Browne we will consider each case separately and on its merits and give you honest, reflective legal advice to help you navigate what is likely to be a very emotionally challenging period in your life. We currently have capacity for new clients at all of our offices in Northampton, Wellingborough, Corby, Higham Ferrers, Kettering and Leicester.

Contact us today to speak with an expert in our Childcare and Social Services Team, or call 0800 088 6004.