Alienating behaviour by parents: new guidance
Often in family law cases, we deal with allegations that one parent has alienated the children against the other parent.
It may be alleged that the children are being manipulated by their parent to not spending time with their other parent. The reasons for this may vary, but typically it can be that a parent feels that they were harmed by their ex and they genuinely cannot cope with the thought that their child may be equally exposed. It may also be the case that a parent may want to punish the other parent. It might also be the case that they aren’t consciously aware of the behaviours they are displaying but the effect is to cause the children to choose not to see their other parent. The children can become exposed to potential emotional harm as a result of these behaviours.
It is the case that children’s wishes and feelings are taken into account in children proceedings, where their ages and understanding allow for that. When a child is refusing to attend to spend time with their non resident parent, we have to look at the reasons why.
Why a child may say they don’t want to spend time with a non resident parent
It may be that the child or children have genuinely experienced something that has led them to be fearful of contact. That will need exploring.
If there appears to be no genuine reason, and the non resident parents says that the other is manipulating them, this is an allegation that the Court will have to take seriously and consider.
The process of exploring allegations of alienating behaviour
At Keelys we have years of combined experience in dealing with Child Law cases and such allegations. The starting point is to be very clear about the allegations being raised.
We then have to consider how to deal with those allegations whether on behalf of the person alleging the behaviour or the person being accused of such behaviour.
The court will be encouraged to list the matter for a finding of fact hearing so that where possible, facts can be established. This will allow the court to focus then, where necessary, on therapy.
It is important that any expert being asked to consider whether therapy is suitable is properly trained to give such guidance.
At Keelys we have often instructed highly trained psychologists. We are aware of the qualifications required and the opinions that need to be sought and challenged.
If you or someone you know believes that alienating behaviour is taking place, or if you are being accused of such behaviour, it is important to obtain legal advice on the processes involved.
Contact our family team for more information:
Jslater-williams@keelys.co.uk | 01543 420011
mbell@keelys.co.uk | 01543 420031
jcox@keelys.co.uk | 01543 420047