Parental Alienation | Kew Law

Parental alienation is a topic that commonly remains in the shadows, yet its 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, which assists the Court in children’s 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 it is 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 conflicting loyalties between the two parents.

This can be a confusing and stressful time for children. It is therefore important that this issue is 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.

Frequently Asked Questions

What is parental alienation?

Parental alienation occurs when one parent influences a child to reject, fear, or show hostility towards the other parent without a justified reason. This behaviour can damage the child’s relationship with the other parent and have lasting emotional consequences.

How can I tell if my child is experiencing parental alienation?

Common signs may include a child suddenly refusing contact with a parent, expressing unusually negative views that appear influenced by another person, showing unwarranted hostility, or repeating adult language and accusations they do not fully understand.

Is parental alienation recognised by the Family Court?

While there is no specific legal definition of parental alienation in England and Wales, the Family Court and CAFCASS recognise that a child’s views may sometimes be influenced by one parent through manipulation or psychological pressure.

What evidence can support a parental alienation claim?

Evidence may include communications between parents, witness statements, school or medical records, reports from CAFCASS, and documented examples of one parent obstructing contact or making inappropriate comments about the other parent to the child.

Can parental alienation affect Child Arrangement Orders?

Yes. If the Court finds that a parent has deliberately interfered with a child’s relationship with the other parent, this may affect decisions regarding child arrangements and future contact.

Examples

Example A: Negative comments about a parent

Following a separation, one parent repeatedly makes negative comments about the other parent in front of the child, such as calling them unreliable or uncaring. Over time, the child begins to repeat these comments and becomes reluctant to spend time with the other parent, despite previously having a positive relationship.

Example B: Pressuring a child to take sides

During ongoing family disputes, a parent regularly discusses court proceedings or adult disagreements with the child and seeks their support. Feeling pressured to remain loyal to one parent, the child begins distancing themselves from the other parent.

How can we help?

Here at Kew Law, we can provide you with detailed and tailored advice to your circumstances to reduce the possible impact that further parental alienation may have on your child. Please do not hesitate to get in touch so that 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