Parental Alienation | Kew Law

Parental alienation is a topic that commonly remains in the shadows, yet it’s consequences can be profoundly damaging, particularly in the context of family dynamics.

Parental alienation occurs when one parent manipulates or coerces a child into thinking negative things about the other parent. This manipulation can be used in various forms, including false accusations, denigration, or limiting contact between the child and the ‘target parent’.

This manipulation over time may develop into hostility or rejection by the child towards the other parent, often resulting in a strained relationship between the parent and the child.

How is Parental Alienation Defined?

There is no current legal or fixed definition for parental alienation. However, CAFCASS, who assists the Court in children matter cases, have provided a brief definition as follows:

“When a child’s resistance or hostility towards one parent is not justified and is the result of psychological manipulation by the other parent”.

What are the Current Challenges?

In our jurisdiction, family law continues to prioritise the welfare of the child. However, it can often be challenging when attempting to identify and address parental alienation, within the present legal framework. Where there is no specific legislation dedicated to parental alienation, the Courts have to consider the child’s welfare and the evidence of manipulative behaviour towards the child.

One of the primary challenges faced is its validation and recognition. It has been argued that the allegation of parental alienation is being used as a weapon in custody disputes, therefore leading to false accusations and causing further complications when trying to resolve conflicts.

Women’s Aid and other domestic abuse charities have commented on the misuse of the term ‘parental alienation’ by the perpetrators of domestic abuse seeking to minimise their abusive behavior. Section 1(2A) of the Children Act 1989 states that “a Court…is…to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child’s welfare.”

However, the Government has announced that they are proposing a change to the law which will remove this presumption. As a result, perpetrators of abuse may have greater difficulties in using false claims of ‘parental alienation’ and the presumption of their involvement in the child’s life to secure contact, which could be contrary to the child’s best interests.

What is the Impact of this Issue on Families?

Sadly, the consequences of parental alienation can be long-lasting and severe in some cases. Children may experience guilt, confusion, emotional stress, or turmoil as they navigate conflict loyalties between the two parents.

This can be a confusing and stressful time for children. It is therefore important that this issue is to be dealt with as quickly, and as efficiently as possible, to reduce the risks of the child suffering more harm.

What Should You Do if Your Child is a Victim of This?

Parental alienation can be incredibly frustrating and upsetting. It can also be a complex area where domestic abuse is involved.

Here at Kew Law, we can provide you with detailed and tailored advice to your circumstance, with the aim of reducing the possible impact of further parental alienation may have on your child. Please do not hesitate to get in touch whereby one of our specialist family lawyers can discuss your situation and potential options with you. Call us today on 0800 987 8156.

For more information check out our other helpful guide: What is Parental Alienation? | Family Law UK | Kew Law – Kew Law