What is parental alienation and how do courts decide whether it is a problem?

The subject of alienation often arises if a child of separated or divorced parents expresses a reluctance, or even a refusal, to spend time with one parent. The affected parent will argue that the other parent has manipulated the child and ‘turned them’ against them. In legal terms this is expressed as ‘parental alienation’.

It was made clear in court in 2023 that alienation isn’t a psychological syndrome which can be professionally diagnosed.  Rather, it is a set of behaviours which a court needs to review before deciding if there is any substance to an allegation of alienation.  There is now some new guidance available on what a parent will need to establish if they wish to convince a court that alienation is an issue.

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1. The child is reluctant, resisting, or refusing, to engage in a relationship with them; and
2. This is not a result of their own actions; and
3. The ‘accused’ parent has engaged in behaviours which have in/directly manipulated the child.

It has been made clear that children can, and do, make their own choices sometimes, and decisions to pull back from a parent could simply be due to an alignment or affinity with the other – but could also be ‘justified’, if the complaining parent has been neglectful or abusive.

Similarly, the ‘accused’ parent may indeed have restricted a child’s contact with the other parent, but if this has been to shield them from harm, this could be considered ‘protective’, rather than ‘alienating’, behaviour.

To get to the bottom of such allegations, a Fact Finding Hearing may need to take place – looking at statements from the parents, setting out their version of events, police/medical/school records, and what the child may have said to a Social Worker/CAFCASS officer. Is it more likely than not, that domestic abuse took place and/or that there has been intentional parental alienation?

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The Court’s decision on these questions will set the future direction of the case and affect the likely outcome – if alienation is established, it may be that interventions need to be considered, along with psychological assessments of the family dynamics. Is the ‘alienating’ parent able to show insight and change? If not, is it practical to consider moving the child to live with the wronged parent?

The team at Fraser Dawbarns understand that each family is different and works closely to support them through negotiations or Court proceedings. If you need support or advice regarding child arrangements, contact a member of our Family Law team today.

How To Contact Us:

To contact a member of our team, you can fill in our online enquiry form, email info@fraserdawbarns.com, or call your nearest office below. If you’d like to speak to a member of our team at one of our offices across Norfolk and Cambridgeshire, visit our offices page.

Wisbech: 01945 461456

March: 01354 602880

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Downham Market: 01366 383171

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP is always happy to provide such advice.