Parental Alienation in Children Act Cases
We often deal with cases between separated parents and the arrangements for their children. Most of the time we are able to assist in an out of court setting where parents are encouraged and enabled to reach an agreement which suits them as a family.
Where parents are unable to agree and the arrangements for the children may have broken down completely, parents often find themselves in the Court process.
We have had a significant amount of experience in representing parties in such disputes. We have seen many cases where children are not spending time with one parent and the other will say that the children has been alienated by a parent to not wanting to spend time with them. This is what can often be termed ‘parental alienation.’
The President of the Family Division, Sir Andrew MacFarlane, recently said that there has been a “complete upsurge in the number of cases in which [Parental Alienation] is alleged”.
It is often the case in Children Law disputes that one or both parents will allege parental alienation.
The severity of true parental alienation and the damage it can cause children where alienation has not just been attempted but successfully achieved cannot be understated. Where it is well known that children can be emotionally harmed by a lack of contact to a parent, it maybe that the issues which are raised in their childhood follow them into later life, causing pain and suffering not only now but years into the future.
Equally the results of alleging and successfully proving parental alienation can be severe, including a transfer of residency.
What is ‘Parental Alienation?’
Unfortunately, there is no precise definition as to what parental alienation is. It is accepted that it can present in different ways. Sometimes it may be deliberate and blatant and it can go hand in hand with implacable hostility. Other times it can be subconscious, where a parent may genuinely believe that they are doing what is right and best for their child, but they are alienating their child from the other parent through their behaviours unknowingly.
CAFCASS definition:
CAFCASS (who assist the Court with cases concerning children) define alienating behaviours as ‘behaviours where one parent expresses an ongoing pattern of negative attitudes and communication about the other parent that has the potential or intention to undermine or even destroy the child’s relationship with the other parent.’
How to deal with Parental Alienation:
If a child says that they do not want to see a parent, this does not necessarily mean that they have been alienated. If they have watched one parent abuse the other or have seen one parent leave the other for a new partner it is quite common that children will take sides with the parent that they think they may need to ‘protect’. It is common for children to struggle with the separation of their parents and, in some cases, this can lead to long-term implications for their wellbeing. Emotions run high in any divorce, but where children feel they have to choose between their parents, this can be exacerbated. Ultimately, it is for the court to determine as a question of fact if a child is being alienated by one parent.
The Future
If a child becomes alienated against one parent as a result of the actions of the other, then this is accepted as a form of child abuse. The perpetrating parent is considered to be manipulating the child, whether consciously or subconsciously, to the point where they are going to actively try to sever their relationship with the other parent. The impact of this on their psychological and emotional development can be catastrophic.
Equally, if false allegations are made then the impact on the case can be wide ranging and destructive. If you are a parent being accused of alienation, then there is a real risk that by setting out what your child has said that is negative about the other parent that this may be taken as feeding their narrative of alienation rather than an issue that needs to be resolved.
Considering the lack of definition and the wide spectrum of alienating behaviours, reform is urgently needed. As family lawyers working within the system we would like to have more guidance to determine the issue.
Currently however, we will continue to guide clients within the system and are on hand to support and advise and represent parents in children act matters.
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
nmalik@keelys.co.uk | 01543 420041