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Parental alienation: What it is and how does the Courts handle it?

Parental alienation is an increasingly recognised issue within family law, yet it remains complex and emotionally charged.

For those unfamiliar, parental alienation occurs when one parent deliberately turns a child against the other parent, often through manipulation or ‘badmouthing,’ with the aim of damaging their relationship.

Sadly, this type of behaviour can have lasting effects on both the child and the targeted parent, leading to severe emotional and psychological harm.

Although parental alienation is not explicitly defined as a legal term in the UK, the Family Courts in England and Wales have acknowledged its existence, treating it as a serious matter when deciding on child arrangements.

Understanding how parental alienation manifests and how the Family Courts in England and Wales handle it is essential if you ever find yourself facing this distressing situation.

What constitutes parental alienation?

At its core, parental alienation can be subtle or overt. It may involve a range of behaviours such as:

Constantly criticising the other parent in front of the child.

Encouraging the child to view the other parent as a threat or unloving.

Interfering with the other parent’s attempts to communicate or spend time with the child.

Making false allegations of abuse against the other parent.

These actions create an environment in which the child feels pressured to reject or mistrust one parent, often without valid cause.

In some cases, children may begin to express fear, anger, or indifference towards the alienated parent, behaviours that are out of character or disproportionate to their experiences with that parent.

While alienation can stem from one parent’s hurt or bitterness post-separation, it’s important to note that Courts view this conduct as being against the child’s best interests.

The law in England and Wales prioritises the welfare of the child above all, and the presumption is that, unless there are safeguarding concerns, a child benefits from having a relationship with both parents.

How the Court addresses parental alienation

The Family Courts in England and Wales have started to take parental alienation more seriously in recent years but proving it can be challenging.

Often, cases of parental alienation are not straightforward, requiring thorough investigation to distinguish between legitimate reasons for a child’s reluctance to see a parent (such as actual abuse or neglect) and manipulation by one parent.

In terms of legal remedies, several tools are available to the Court:

Child Arrangements Orders (CAOs): The most common remedy is to issue or adjust a Child Arrangements Order. This order sets out who the child lives with and spends time with. If a parent is found to be alienating the child, the Court may alter the existing arrangement to ensure the child maintains regular contact with the alienated parent. In extreme cases, the Courts have even changed the child’s residence to live with the alienated parent, particularly where the alienating parent shows a continued disregard for the child’s relationship with the other parent.

Parental Responsibility Orders: In some cases, the Court may limit or modify the parental responsibility of the alienating parent. While this is rare and typically a last resort, it underscores how seriously the Courts take alienation where it causes harm to the child.

Enforcement of existing orders: If there is already an order in place for contact and the alienating parent fails to comply, the Court can take enforcement action. This can include making the alienating parent pay for costs associated with the breach or, in more serious cases, consider fines or community service. The Courts are reluctant to impose more severe punishments, such as imprisonment, as this could further disrupt the child’s life.

Therapeutic Interventions: Increasingly, the Courts are using therapeutic interventions to address the effects of parental alienation. This may involve ordering the alienating parent to attend counselling or requiring both parents and the child to engage in family therapy. The aim here is to rebuild the relationship between the child and the alienated parent, while also addressing the root causes of the alienation.

Guidance for parents facing parental alienation

For parents worried about alienation, the legal process can seem daunting, but it’s important to act early.

Keeping detailed records of interactions with the other parent, maintaining consistent communication with your child, and seeking legal advice promptly are crucial steps.

If you suspect parental alienation, consider mediation before going to Court.

While mediation isn’t always suitable, particularly in high-conflict cases, it can help address some of the underlying issues and prevent the situation from escalating.

However, where mediation fails, the Courts can offer stronger legal recourse.

It’s also important to be patient.

Parental alienation cases can be emotionally and legally complex and proving that alienation is taking place requires a clear strategy.

Engaging with family law specialists who have experience in parental alienation can significantly improve your chances of securing a positive outcome.

Remember, parental alienation is not just a matter of parental conflict – it’s a serious issue that can cause significant harm to children and their relationships with both parents.

While the Courts are increasingly aware of its effects, if you are facing alienation you need to be prepared for a challenging process.

For help managing this process both legally and emotionally, please get in touch with our team.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.