“Parental Alienation” is a term increasingly being used in the family court and is an issue which, if raised, can cause significant tension and animosity between parents. It occurs when one party deliberately undermines the relationship between the child and the other parent, often by making false accusations or attempting to manipulate the children’s feelings and perceptions. This behaviour can severely impact the emotional and psychological wellbeing of the child involved.
At the end of last year, the Family Justice Council (FJC) released new guidance aimed at addressing how the courts should approach cases where parental alienation is alleged. This offers clear framework for professionals to understand and respond to allegations of parental alienation in family proceedings.
What is “parental alienation”?
There is no legally recognised definition of “parental alienation”, and it is not a syndrome capable of being diagnosed. What we often look at instead is “alienating behaviours” that intentionally or unintentionally cause difficulties in the relationship between the child and other parent. This can include:
- Negative comments – speaking negatively about the other parent to the child or within earshot
- False accusations – unfounded accusations of abuse, harm or neglect
- Limiting contact – restricting or interfering with the child’s contact with the other parents
- Undermining authority – encouraging the child to ignore the other parent’s decisions
The impact of such behaviours can be profound and can lead to estrangement between the child and the alienated parent.
The Family Justice Council’s guidance
The FJC’s Guidance on responding to allegations of alienating behavioursets out a clearer framework for how allegations should now be handled.
Three legal criteria must be presentbefore a court can find alienating behaviour:
- The child is reluctant, resistant or refusing (also known as ‘RRR’) to have a relationship with a parent or carer.
- That RRR is not because of justified reasons, such as actions by that parent, or other legitimate influences like attachment
- That the other parent has acted in ways (directly or indirectly) that have influenced the child, thereby causing the RRR.
The court must also carefully consider issues of domestic abuse in these cases so that they are alert to the risk that allegations of alienation may be used to deflect from, deny or hide domestic abuse or coercive control.
Why this matters for you
- Evidence is vital. Without clear, documented evidence (messages, emails, witness statements, diaries, consistent behaviour over time), proving alienating behaviour is very difficult.
- Don’t wait. The earlier concerns are raised (with legal and/or professional support), the more options there are — mediation, Cafcass involvement, therapeutic programmes.
- Domestic abuse is never overshadowed. If there are allegations of abuse, those cannot be dismissed or conflated with alienation. The guidance demands careful and balanced consideration.
How Trethowans can help
At Trethowans we help clients with:
- Assessing whether alienating behaviours are present, what might cause them, and whether they satisfy the legal criteria.
- Gathering and preserving evidence in a form that the court will accept.
- Engaging with Cafcass, applications to the court (Fact-Finding, Child Arrangements, etc) and where appropriate, liaising with therapists or guardians.
- Advising on suitable interventions, including therapeutic help, contact plans or change of residence, always focusing on the welfare of the child.
If you believe your child is being manipulated against you, or you face allegations of alienation, don’t face the situation alone. Please get in touch with a member of our specialist family team for your free initial consultation.
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Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
