Parental Alienation and the Law
What is Parental Alienation?
Parental alienation refers to a situation where the unjustified behaviour and negative attitudes of one parent causes harm to a child’s relationship with the other parent. This often leads to the child being estranged from that parent especially where they are a non-residential parent.
While there is no formal definition, the term generally encompasses actions such as expressing negative opinions, spreading false information, belittling, or dismissing the other parent. It may also involve withholding positive information or praise about them.
As a result, the child may come to believe that spending time with the alienated parent is unimportant, undesirable or even dangerous.
This issue is complex and can lead to emotional damage to the child, often without the alienating parent realising it.
Why is Parental Alienation Gaining Attention?
Awareness of parental alienation has grown significantly in recent years, especially as it becomes more recognised in the UK’s family courts. However, it’s important to differentiate between a parent who begrudges their child’s relationship with the other parent and a parent who is so deeply entrenched in their views that they destroy the relationship.
How Does Parental Alienation Manifest?
In some cases parental alienation can stem from allegations of domestic abuse, typically from the mother, but it’s essential to note that parental alienation and abuse are not synonymous.
Parental alienation is primarily a welfare issue, and it can be difficult for courts to reach a decision without expert evidence.
It’s crucial not to dismiss these claims. The alienating parent might genuinely believe that limiting or preventing contact with the other parent is in the child’s best interest. However, they may fail to recognise that the lack of contact can be just as harmful.
For example, one case involved a mother who, despite expert assessment, continued to prevent her children from seeing their father. The expert determined that the mother needed professional help to understand the benefits of both parents being involved in the child’s life. Ultimately, the court decided to move the children to live with their father. This is an unusual case, as typically, once a parent undergoes assessment, they often begin to realise their mindset is wrong.
In another case, a mother initially prevented contact with the father, but after undergoing an expert evaluation, she sought help. Upon reassessment, the expert confirmed that she had made progress. As a result, the children stayed with their mother, and the father was granted access. In this instance, relocating the children to live with the father would have caused additional harm.
The Importance of Addressing Parental Alienation Promptly
Parental alienation needs to be addressed early, as the longer the alienating behaviour persists, the more entrenched it becomes.
If, for instance, contact is blocked for 12 to 18 months, reintroducing it can be very challenging. The child may have absorbed negative information, causing them anxiety and resistance. In such cases, re-establishing contact may need to start with supervised visitation, even if no risk is posed by the alienated parent. Supervised contact can help gradually rebuild the relationship in a way that prioritises the child’s emotional needs.
Besides the emotional toll on the alienated parent, there can also be financial implications, as supervised contact often requires payment. While the Cafcass “Improving Child and Family Arrangements Service” can be ordered by the court and funded by Cafcass, it is a short-term service meant to facilitate contact. In some situations, private supervised contact might still be necessary, and in some cases, it may be required before the Cafcass service can be implemented.
Proving or Disproving Parental Alienation
To prove parental alienation, it may be necessary to submit a court application for expert testimony from a psychologist or other professional. Additional evidence may be gathered from local authorities, Cafcass, or even the child’s school. Alienated children may exhibit behavioural issues that are noticeable at school, potentially prompting referrals to the local authority. Disproving parental alienation often requires similar evidence.
How We Can Help
Our experienced family lawyers can identify the signs of parental alienation early and take the legal action that is necessary.
The worst-case scenario in parental alienation is a prolonged situation that leads to the child, particularly older children, refusing to see the alienated parent entirely. This is especially common when the child has been estranged for an extended period. Our lawyers will therefore act quickly to minimise the risk of an entrenched situation developing.
