The term “Alienating behaviours” is described as psychologically manipulative behaviours, intended or otherwise, by a parent towards a child which have resulted in the child’s reluctance, resistance or refusal to spend time with the other parent.
In December 2024 the Family Justice Council published new guidance with the aim of assisting the Court in making decisions about the welfare of a child in cases where allegations of parental alienation or alienating behaviours are made.
As specialist family solicitors, we frequently act for separated parents in high conflict Children Act proceedings where there are concerns about alienating behaviours.
The new guidance confirms that:
- The harm caused by alienating behaviours can be far reaching and can affect a child’s emotional, social and psychological development.
- Due to the serious nature of these allegations, cases should be allocated to a Judge at an early stage in the proceedings.
- Where there are findings of alienation the court should consider whether to join the child as a party and appoint a guardian to represent the child.
- The Court may direct a whole family psychological assessment to consider the family dynamics and functioning.
- Consideration must be given to protective orders necessary to manage the risks to the child.
What do you need to show to prove alienation?
The guidance sets out that the Court needs to be satisfied that the following three elements have been established before it can conclude that alienating behaviours have occurred:-
- The child is reluctant, resisting or refusing to engage in, a relationship with a parent or carer; and
- 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’s alignment, affinity or attachment; and
- 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.
Key points and practical guidance
- The guidance makes clear that allegations should be raised at the earliest opportunity.
- If you are a parent with concerns about the welfare of your child and the possibility of their being subjected to alienating behaviours, it is often helpful to keep a diary of incidents that have caused you to feel concern; this may include dates, times, what happened, where it happened and what was said.
- The World Health Organisation’s position on intervention for alienation is “there are no evidence-based health care interventions specifically for parental alienation”. In addition there is clear guidance which suggests that intervention should be approached with caution, thus if you are considering an application for a psychological assessment or intervention, this should be carefully drafted and thorough consideration should be given to the appropriate expert and impact on the child of the assessment process itself.
- Welfare remains paramount – the court’s focus will not be on punishing the alienating parent, but on making a determination which is in the best interests of the child taking into account the factors in the welfare checklist.
- The studies on parental alienation demonstrate that this is a highly complex area and each case will turn on its facts. There can be situations where a child’s reluctance to spend time with a parent is deemed an appropriate justified refusal, and reasons why children may favour parent A over parent B, which are typical emotional responses to their lived experiences, and not actually the result of alienating behaviours or psychological manipulation. The question of whether alienating behaviours have occurred is itself complex and nuanced and hence having advice from a specialist family solicitor is advisable.
At Rayden Solicitors, we are specialist family lawyers and can provide support if you think you are being alienated from your children. Please get in touch to discuss your situation in confidence.
