The Family Justice Council has today published guidance in relation to the issue of parental alienation and alienating behaviours in children cases.
There is no formal definition of parental alienation and alienating behaviours but they are steps taken by one parent to persuade the child not to have a relationship with the other parent.
The guidance recognises that whilst such behaviours are rare, they are “counterproductive to the best interests of children and shift the focus away from the voice of the child”.
The report also acknowledges that when alienating behaviours take place, they can have a significant and enduring effect on a child in the same way as other forms of emotional/psychological abuse.
These behaviours can lead to severed relationships and a child growing up with a false narrative, which can have a harmful impact on a child’s identity, self-worth and sense of safety in the world and clearly also can have a devastating impact on the parent who loses the relationship with the child.
In the guidance, three elements have been identified to demonstrate parental alienation or alienating behaviours:
- The child is reluctant, resistant or refusing to engage in a relationship with a parent or carer.
- The reluctance, resistance or refusal is not consequent on the actions of that parent towards the child or the other parent or is not caused by any other factor i.e. there may be an appropriate justified rejection by the child for example because of domestic abuse.
- The other parent has engaged in behaviours that have directly or indirectly impacted on the child, leading to the child’s reluctance, resistance or refusal to engage in a relationship with that parent.
Alienating behaviours can often be raised in response to allegations of domestic abuse.
If domestic abuse is found by the court to have taken place in the relationship, then alienating behaviours will not be found. That is because the child’s behaviour would then be an appropriate justified rejection and the steps taken by the other parent would be considered to be protective behaviours.
The guidance recommends all participants in the Family Justice System should have training to recognise whether parent’s behaviour is appropriately protective, a traumatic response to abuse or alienating behaviours.
Courts should also be aware that a child might withdraw from the relationship with a parent for a variety of reasons. The court highlights that it is for the court to decide facts and not experts or CAFCASS officers, who may also be involved in such cases. The court will need to carefully examine the allegations and will require evidence of manipulation of the child.
If the court considers that alienating behaviours may have taken place, they will list a separate fact-finding hearing to determine that at an early stage. The child may need their own lawyer and the Court will need independent evidence including medical records and school records.
The person who is alleging alienating behaviour by the other parent will need to demonstrate harmful behaviour has occurred and this behaviour has led to the child’s unjustified reluctance, resistance or refusal to spend time with that parent. If the other parent fails to prove that domestic abuse has taken place, it doesn’t automatically follow that there has been alienating behaviours, unless there is also that evidence that the child has been manipulated.
If alienating behaviours are found, then the court will consider whether reparative work can be carried out to repair the relationship between the child and the parent. A last resort would be consideration of moving the child from the care of the parent who has shown alienating behaviour to the other parent.
The guidance has also clarified that as far possible; the court should produce child friendly judgments. In cases such as these especially where a child may not understand or agree with the decisions made and a short summary of the court’s decision or a letter to the child may help.
Greene & Greene have considerable experience of dealing with cases involving children as well as cases involving both domestic abuse and alienating behaviours. Should you require any advice then do contact a member of the team for further assistance.
This is only intended to be a summary and not specific legal advice.
