New guidance on parental alienation

The Family Justice Council, which monitors the family justice system, has published new guidance on responding to a child’s unexplained reluctance, resistance, or refusal to spend time with a parent, and allegations of alienating behaviour.

In a foreword to the guidance the President of the Family Division explains that the purpose of the guidance is “to ensure greater consistency of approach across the courts, to improve outcomes for children and families, and to protect children and victims from litigation abuse”.

The guidance explains that ‘parental alienation’ is not a syndrome capable of being diagnosed, as has often been suggested, but rather a process of manipulation of children perpetrated by one parent against the other, through what are termed as alienating behaviours.

The guidance goes on to explain that decisions of fact relating to allegations of alienating behaviour are a judicial function, and that a court would need to be satisfied that three elements are established before it could conclude that alienating behaviours had occurred:

1. That the child is reluctant, resisting or refusing to engage in, a relationship with a parent or carer; and

2. That the reluctance, resistance or refusal is not consequent on the actions of that parent towards the child or the other parent, which may therefore be an appropriate justified rejection by the child, or is not caused by any other factor such as the child favouring one parent over the other; and

3. That 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.

The guidance points out that allegations of parental alienation are often raised in response to allegations of domestic abuse.

The guidance emphasises the importance of a child’s participation in decision making about them, the care that should be taken when seeking their views, and understanding the reasons for a child’s reluctance, resistance or refusal to spend time with the other parent.

The guidance gives details as to how the court should respond when allegations of parental alienation have been made, including whether there should be a ‘fact-finding’ hearing, how the court should evaluate the evidence, and how the court should deal with findings of alienating behaviour, including the use of psychologist experts.

You can read the full guidance here.

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