27 November 2019
Parental Alienation
Parental alienation is a term which has been used for a long time, but there has been growing interest and concern among the public and the courts in recent years. It is often used or alleged, but what does it really mean, and what can be done about it?
The definition of parental alienation remains under debate, but according to Cafcass (the Children and Family Court Advisory and Support Service) it is recognized as when a child’s resistance or hostility towards one parent is not justified and is the result of psychological manipulation by the other parent. It is one of a number of reasons why a child may resist spending time with one parent post-separation.
What constitutes alienating behaviour will vary on a case by case basis, but it can include: a parent constantly badmouthing or belittling the other; limiting contact; forbidding discussion about them; and creating the impression that the other parent dislikes or does not love the child.
What can be done to prevent it? Keeping lines of communication between the parties open and maintaining consistent levels of contact if you are the non-resident parent can help, as can using tools like mediation to try and resolve disputes as soon as they arise rather than allowing problems to linger. However, it is not always in your control and it may be necessary to seek input from the court.
When considering a case which potentially involves parental alienation, the court must carefully balance its decisions to ensure that both children and adults are kept safe, and ensure that children are able to maintain relationships with both parents where this is in the child’s best interests. The Court will often instruct Cafcass or the Local Authority to do an assessment to make recommendations about what will be in the child’s best interests or appoint a Guardian to act in the child’s best interests.
There are a number of things the court can to do try and manage parental alienation including in a number of recent cases, changing which parent the child lives with, although this is usually a last resort. If parental alienation is identified at an early stage, the court can make orders to try and prevent any further damage or emotional harm to the children.
If you have concerns about child arrangements following separation or parental alienation, Spectrum Family Law are able to give detailed advice and highlight your options and what to look out for in your individual circumstances.
For further information or to arrange an appointment please email contact@spectrumfamilylaw.com or telephone 01279 799598.