Parental alienation, whereby one parent ‘brainwashes’ their child against the other parent, is “a form of neglect or child abuse”, according to Anthony Douglas, the Chief Executive of the Children and Family Court Advisory and Support Service (‘Cafcass’), which represents children in family court cases.

Mr Douglas has stated that the deliberate manipulation of a child by one parent against the other has become so common in family breakdowns that it should be dealt with like any other form of neglect or child abuse. He said: “It’s undoubtedly a form of neglect or child abuse in terms of the impact it can have. I think the way you treat your children after a relationship has broken up is just as powerful a public health issue as smoking or drinking.”

He went on: “There isn’t a specific criminal law that outlaws parental alienation in the UK. But we do have family law and through assessments and enforcement proceedings, we do have the ability to send parents to prison or give them community sentences, but this is hardly ever the case because ultimately the punishment on the parent will rebound on the child.”

Judges are beginning to recognise parental alienation, which is leading to some children being removed from the offending parent. However, such a course of action “is fraught with difficulty”, according to Mr Douglas.

If you believe that you may be a victim of parental alienation then Family Law Café can make sure you find the help you need – to contact us click the Contact link above and fill in the form, or call us on 0208 768 2278.

Image: Pareja (Couple) by Daniel Lobo, licensed under CC BY 2.0.

Most family disputes on divorce or relationship breakdown, such as disputes relating to finances or arrangements for children, are resolved out of court. In fact, contested court proceedings should be used only as a last resort, if you are unable to resolve the dispute by agreement.

Most agreements are reached either between the parties direct, or more commonly in negotiations between their lawyers.

If it is not possible to agree matters direct or between lawyers then there are three main other possibilities to consider before issuing court proceedings (or even after proceedings have begun). These ways of resolving disputes are often referred to as ‘Alternative Dispute Resolution’. They are:

⋅ Mediation – Whereby an independent trained mediator will help the parties try to reach an agreement. Mediation will normally involve several ‘round the table’ meetings between the couple and the mediator. If the parties are able to reach an agreement then the mediator will prepare a document setting out the terms of the agreement, and send copies to the parties. If, on the other hand, the mediator does not believe that there is any possibility of an agreement being reached, then they will bring the mediation to an end. Note that any agreement reached in mediation is not binding – the parties are entitled to take legal advice upon the terms of the agreement before it is finalised, for example by a court order. Note also that mediation is completely voluntary, and not all cases are suitable, for example, most cases where there has been domestic violence. There is a fee for mediation, although legal aid is available, subject to eligibility. Since April 2014 it has been compulsory to attend a Mediation Information and Assessment Meeting (‘MIAM’), at which it is assessed whether the case is suitable for mediation, before taking a family dispute to court.

⋅ Collaborative Law – Collaborative law requires each party to instruct a specialist collaborative family lawyer, i.e. a lawyer who has undergone special training to do collaborative work. Once this has been done, the parties and the lawyers sign an agreement to work together as a team to resolve issues without going to court. If either party should then start court proceedings, the collaborative process will end and the collaborative lawyers will cease to act for either party. Once the agreement has been signed, the parties and their lawyers will then attend four-way ‘face to face’ meetings, at which they will endeavour to reach a settlement. If a settlement can be reached, the lawyers will draw up an agreed document that is then submitted to the court, for approval.

⋅ Arbitration – Whereby the parties agree that their case will be decided by a trained arbitrator (the parties can also have their own legal advisers). The decision of the arbitrator will be legally binding, and may be made into a court order. The arbitrator will charge a fee, which will normally be shared between the parties. Advantages to arbitration over court proceedings include that the process is usually much quicker, that it is usually cheaper and that it is confidential.

If you would like any further information about Alternative Dispute Resolution Family Law Café can help. To contact us click the Contact link above and fill in the form, or call us on 020 3904 0506.

What are the basic principles that are used by the court to decide disputes between parents over arrangements for their children?

The first principle is that when a court determines any question with respect to the upbringing of a child, the child’s welfare must be the court’s ‘paramount consideration’.

In deciding whether to make an order the court will have regard to all of the circumstances and in particular the following points, which are often referred to as the ‘welfare checklist’:

(a) the ascertainable wishes and feelings of the child concerned (considered in the light of the child’s age and understanding);

(b) the child’s physical, emotional and educational needs, for example special health needs and special educational needs;

(c) the likely effect on the child of any change in his or her circumstances, for example where the court is considering the possibility of changing the child’s place of residence;

(d) the child’s age, sex, background and any characteristics of his or hers which the court considers relevant;

(e) any harm which the child has suffered or is at risk of suffering;

(f) how capable each of the parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs;

(g) the range of different types of order available to the court in the proceedings in question. The court can make any order that it considers to be appropriate – it is not limited to just the types of order(s) that the parents have applied for.

The court should presume, unless the contrary is shown, that involvement of both parents in the life of the child concerned will further the child’s welfare.

If you require further details of these matters, or advice as to how they may apply in your case, Family Law Café can help. To contact us click the Contact link above and fill in the form, or call us on 020 3904 0506.

Image: Take my hand, by Stephan Hochhaus, licensed under CC BY 2.0.