New guidance on ‘parental alienation’ for family court cases
New guidance on ‘parental alienation’ for family court cases
Family courts in England and Wales should give more weight to allegations of domestic abuse than to claims of “parental alienation”, according to new guidance.
When parents have separated and cannot reach amicable arrangements for their children, their last resort is to turn to the family court. In these private law children cases claim and counter-claim are common. One parent may accuse the other parent of abuse (physical, emotional, psychological or sexual) either against the adult or against the children, and a counter claim is then made stating the children have in fact been manipulated against the alledged abuser – the term used to describe this is parental alienation.
How the court responds can have lifelong consequences for the family, as the judge has to decide whom the children live with, and how often they spend with each parent. The recent report from the advisory Family Justice Council says “despite the lack of research evidence, and international condemnation, reference is still made to the discredited concept of ‘parental alienation syndrome’.” This is the idea that children show a recognisable pattern of behaviours if they have been manipulated by one parent against the other.
The guidance describes this as a “harmful pseudo science”. Whilst there may well be genuine cases where alienating behaviours “impact” a child’s relationship with the other parent, they are “relatively rare” according to the research findings.
It is estimated that over half of all private law cases involving children include allegations of domestic abuse but it is not known how many also include parental alienation. The guidance goes on to say “allegations of domestic abuse and ‘parental alienation’ cannot be equated” – pointing out that domestic abuse is in fact a criminal offence whereas parental alienation is not.
Where there is a claim of parental alienation, it is been increasingly the case that the court will require a report from an expert psychologist to make a determination as to whether or not there has been parental alienation and if so, what can be done to combat the effects and attempt to rebuilt the children’s relationship with their parent.
In a recent case heard by the High Court in 2023 Mrs Justice Judd presided over a case involving two parents who had separated in 2017. The mother told the family court then the father had abused her. The father had the right to contact with the children, supervised at first, but three years later, the father came to court saying contact between him and the children had broken down.
A psychologist, Melanie Gill, was asked to provide a “global assessment” of the family, which she filed in 2022. She said the mother had unconsciously turned the two secondary school-age children against their father, something which the father seized on.
The new guidance now says it is “inappropriate” for an expert to determine whether parental alienation has taken place. It says that is for the court to decide and the psychologist report should only be advising on how any parental alienation should be dealt with.
The council guidance also says that when a child rejects a parent, that is not enough to determine alienation. The court has to examine whether that rejection is justified, perhaps by the parent’s own behaviour and there must be evidence of manipulation.
The Family Justice Council includes senior judges and lawyers along with experts and others who represent users of family courts.
If you are finding it difficult to agree child arrangements with your ex-partner or you are concerned parental alienation may be present in your case, our experienced family solicitors are on hand to provide advice and support. Contact our team today to find out more about our initial consultation process at Kerseys Solicitors in Ipswich at [email protected] or telephone 01473 213311 or Kerseys Solicitors in Felixstowe at [email protected] on 01394 834557 or Kerseys Solicitors in Woodbridge at [email protected] on 01394 813732 or Kerseys Solicitors in Colchester at [email protected] on 01206 584584.
