On 11 December 2024, the Family Justice Council published guidance for family courts in England and Wales on responding to allegations of alienating behaviour.
‘Parental alienation’ refers to a pattern of behaviour whereby one parent undermines or manipulates a child’s relationship with the other parent. The new guidance recognises the concerning trend of counter claims of parental alienation being raised in response to allegations of domestic abuse. This is often used as a litigation tactic and can drag cases out for many years, wasting judicial time and causing family relationships to deteriorate.
It is increasingly common for the parent accused of abuse, usually the father, to respond by claiming that the mother has turned the children against them. Where claims of parental alienation arise in court proceedings, expert psychologists can become involved and their evidence is often influential, resulting in lifelong impacts on the children and the family.
The Family Justice Council has now recommended that it is ‘inappropriate’ for an expert to determine whether there has been parental alienation, and it is for the court to make that decision, having heard all the relevant evidence. This will notably have a major impact in family court battles and make it considerably harder to prove alienating behaviour.
The report provides a helpful guide of important steps to follow where a child is reluctant, resistant, or refusing to see a parent, and focuses on centralising the voice of the child. The court has to examine whether that rejection is justified, perhaps by the parent’s own behaviour, and there must be evidence of manipulation.
It is now very clear that parental alienation is not a ‘syndrome’ capable of being diagnosed. Therefore, the instruction of any experts to assist the court in determining arrangements for children will quite possibly now be a rarity. While two parents’ competing allegations of abuse and alienation can be considered simultaneously, it is said that the court’s deliberations should ‘begin with domestic abuse and review the alienating behaviours through that prism’.
Overall, the new guidance on parental alienation marks an important development in the effort to ensure greater consistency of approach across the courts, improve outcomes for children and families, and to protect children and victims from litigation abuse.
For more information on this matter or to find out how we can help you, please contact our Family Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.