What is parental alienation and how do the courts respond to allegations of alienation being made
Parental Alienation has become an increasingly prominent issue in the family court over the last few years. Allegations of alienation present the court with complex, emotionally charged situations that require careful navigation.
What is Parental Alienation?
Parental alienation occurs when a child’s relationship with one parent is damaged due to the psychological influence or behaviour of the other parent. The allegations being that one parent has manipulated a child to reject the other parent. Manipulation can range from subtle undermining comments to more overt attempts to exclude the other parent from the child’s life.
While the term ‘parental alienation’ is not explicitly defined in UK law, the courts recognise it as a harmful form of emotional abuse when proven. The Children Act 1989 provides the legal framework for the court’s approach, prioritising the child’s welfare as the paramount consideration.
How Are Courts Assessing Alienation Allegations?
When alienation allegations are made, family courts must adopt a balanced and evidence-based approach. The burden of proof lies with the party making the allegation, and judges are increasingly aware of the risks of false allegations being used to gain tactical advantage.
When assessing whether an allegation of alienation is true, the court can request the following:
1. Fact-Finding Hearings – In cases where alienation is alleged, the court may order a fact-finding hearing to establish whether the claims have merit.
2. Expert Reports – Independent experts such as psychologists or CAFCASS officers may be instructed to assess the child’s relationship with both parents.
3. Child’s Wishes and Feelings – Depending on the child’s age and maturity, their views will be considered, although courts are mindful that these views may be influenced by one parent.
4. Patterns of Behaviour – The court will look for consistent patterns of obstructive behaviour, including breaches of child arrangement orders or refusal to promote contact.
What Remedies Are Available?
If parental alienation is proven, the court can take various steps to protect the child’s welfare. For example, the court can order enforcement of existing child arrangement orders, order indirect contact via letters and telephone calls etc… (if direct contact is not yet appropriate), or the court can order for the alienating parent to undertake therapeutic intervention. In extreme cases, the court can vary a child’s living arrangements and place them in the care of the other parent.
Challenges Facing the Courts
Proving parental alienation is notoriously difficult, especially where there is no clear evidence. When parents have separated, and are arguing over their children, it is not uncommon if one parent is alleging abuse for the other parent to counter with allegations that the children have been manipulated against them. Therefore, the court must tread carefully to avoid dismissing genuine concerns about abuse or neglect, if this has been incorrectly labelled as alienation.
Additionally, there is no universally agreed method for identifying or addressing alienation, leading to inconsistencies in how cases are handled across different courts. What is clear, however, from recent guidance, is that it is inappropriate for anyone other than the court to determine whether parental alienation has taken place. Whilst a psychologist or Cafcass officer may be brought in to make recommendations on how they think a case should be dealt with, it is for a court to determine if a child has genuinely been alienated from their parent or not. The fact a child rejects a parent, is not enough to determine alienation. Instead the court has to examine whether that rejection is justified, perhaps because of the parent’s own behaviour. Evidence of manipulation is essential to prove alienation.
Conclusion
The courts are increasingly attuned to the complexities of parental alienation, recognising its potential to cause long-lasting harm to children. However, proving alienation remains a significant hurdle, requiring detailed evidence and sensitive judicial intervention. As family law evolves, clearer guidance and greater consistency across the court system will be crucial in ensuring that children’s best interests remain at the heart of every decision.
If you are dealing with parental alienation or facing allegations, seeking early legal advice is essential. Here at Progression we have a dedicated team of family law experts able to assist you.
