Parental Alienation Explained

What is Parental Alienation?

“Parental Alienation” refers to the idea that a separated parent has manipulated a child into not wanting to spend time with the other parent and is an allegation often raised when the parent with whom a child lives is saying that the child does not want to spend time with the other parent. 

There can be serious issues involved when separated parents are trying to spend time with their child and the parent with whom the child lives has residence is being intentionally “obstructive” by refusing to allow the other parent to see their child. This can sometimes be even against Court Orders.   

These parents are sometimes referred to as being “implacably hostile” (extreme and persistent behaviour by one parent to prevent their child seeing and having a relationship with the other parent) or “intractably hostile” (a refusal to allow contact with a parent even though the child may welcome it). A parent who is behaving like this may be likely to encourage the child to align with them and so the child may also be saying they do not want to see the other parent. 

Such behaviour is known as Parental Alienation, which is legally known as Alienating Behaviours, and which is recognised by the Courts and CAFCASS, with CAFCASS trained to look out for signs of it in any case in which they are involved. The issues of parental alienation/alienating behaviours, however, has taken up much of the Court’s time and public debate as it is a difficult and contentious topic.

Other signs of Parental Alienation

To name just a few:

• Exposing a child to that parent’s hostility towards the other parent.
• A child suffering significant emotional harm due to that parent’s attitude.
• A child adopting the opinions of the alienating parent as their own.
• The alienating parent confiding in the child.
• The alienating parent telling the child that the other parent does not love them.
• Forcing the child to choose between their parents. 
• Interfering with communication.

New Guidance

There has recently been important new guidance, however, entitled “Guidance on responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour” published by the Family Justice Council (FJC) for Family Court Judges and those working in the Family Justice System on responding to allegations of alienating behaviour. 

The Guidance, in summary:

• Exposes the falseness that there is a diagnosable “syndrome” of parental alienation (despite the commonly held belief that it is) and provides a helpful guide of important steps to follow where a child is reluctant, resistant, or refusing to see a parent. 
• Is a reminder that decisions of fact relating both to allegations of alienating behaviour and domestic abuse are a judicial function.
• Tackles the complicated issue of allegations of alienating behaviour being made alongside allegations of domestic abuse, the impact on survivors and the importance of unpicking the complex interplay between these issues. 
• Centralises the voice of the children and putting children back at the heart of cases concerning them. 

Allegations of “alienating behaviour” must now be properly based in evidence and that not all rejection of a parent by a child is the product of manipulative behaviour. 

Essentially, the Guidance states that genuine cases of Parental Alienation are rare and the Court needs to distinguish between the different reasons behind a child’s reluctance to see a parent and consider the possibility that a child has simply formed their own views or that a parent accused of “alienation” is trying to act protectively or the rejections are a traumatic response by a parent or child who has been the victim of abuse.  These reactions are not to labelled “alienating behaviour.” 

The new Guidance says it is “inappropriate” for an expert to determine whether parental alienation has taken place, and it is for the Court to decide. Where experts are involved, later on in the proceedings, those experts should be regulated clinical psychologists to advise how the matter should be dealt with. 

How can Hegarty help?

If you believe that you are being alienated by the other parent, you should keep a record of their behaviour and consider seeking advice from one of our experienced family law solicitors. Our friendly team of experts will listen to your situation and provide guidance and support on the best way forward.