Understanding Parental Alienation

Parental alienation occurs when one parent, often the parent with primary custody, turns a child against the other parent.

This can involve a range of tactics, such as:   

• Bad-mouthing the other parent, e.g., making derogatory comments or telling lies about the other parent.   
• Withholding information or preventing the child from communicating with the other parent.
• Undermining the other parent’s authority by criticizing the other parent’s parenting decisions or lifestyle.   
• Triangulating the child by involving the child in adult conflicts or asking them to take sides.

The impact of parental alienation on children can be devastating.

It can lead to emotional distress, anxiety, depression, and difficulty forming healthy relationships.

In severe cases, it can even lead to alienation from both parents

New Guidance Aims to Combat Parental Alienation in Family Courts

A significant step has been taken to address the complex issue of parental alienation in family court cases.

The Family Justice Council has issued new guidance to clarify the concept of parental alienation and provide judges with clear guidelines for handling such cases.

This guidance prioritises the welfare of children and aims to prevent the misuse of alienation claims, particularly in situations where domestic abuse is involved.

Key Points from the Guidance:

• Debunking the Myth of “Alienation Syndrome”: The guidance clarifies that “alienation syndrome” is not a diagnosable condition and should not be used to dismiss a child’s feelings or experiences.
• Prioritising Child Welfare: The well-being of the child remains paramount. The guidance emphasises that any court decisions must prioritise the child’s best interests.
• Addressing Domestic Abuse: Allegations of domestic abuse must be taken seriously and cannot be conflated with claims of parental alienation. The guidance stresses the importance of protecting victims of abuse and ensuring their safety.
• Careful Use of Expert Evidence: Expert witnesses should be qualified professionals and should not be asked to diagnose parental alienation. Their role should focus on the child’s psychological well-being and the potential impacts of family conflict.
• Challenging the Misuse of Alienation Claims: The guidance aims to curb the misuse of alienation claims, which may be used as a tactic to silence victims of domestic abuse and undermine their credibility.

A Step Forward in Protecting Children

This new guidance represents a significant step forward in ensuring family courts handle cases involving parental alienation with greater care and sensitivity.

By clarifying the legal framework and promoting a child-centred approach, the guidance helps protect children from the harmful effects of family conflict, ensuring that their voices are heard.

The guidance highlights the emotional and psychological harm caused when one parent manipulates a child to reject the other parent.

It emphasises the need for better legal responses to such cases, particularly those that affect children’s well-being, and advocates for maintaining the child’s relationship with both parents whenever possible.

For more details, visit the BBC Article.

Insights from Beck Fitzgerald

This article from Beck Fitzgerald also discusses the new guidance, emphasising the importance of early identification of alienation behaviours and swift intervention. The guidance advocates for careful handling in family courts to preserve the child’s relationship with both parents, marking a significant shift in the approach to family disputes involving parental alienation. This approach aims to protect children from emotional harm caused by family conflict.

If you’re facing a parental alienation case, don’t navigate it alone.

Contact Ash Family Lawyers today for expert advice and support to protect your family’s future.