New guidelines for how the family courts deal with ‘parental alienation’

The Family Justice Council have recently published new guidelines on how the family courts deal with claims of ‘parental alienation.’

What is parental alienation?

Parental alienation is when one parent deliberately manipulates the children to turn against the other parent. For example, a mother may accuse the father of abuse, while the father may counter that she has turned the children against him through manipulation and lies.

You can read more about parental alienation here https://www.tisshawssolicitors.co.uk/what-can-i-do-if-my-ex-turns-my-child-against-me/

How claims of parental alienation can be used to silence the victims of domestic violence

The Family Justice Council recommend that the courts focus on claims of domestic abuse within the relationship and not on counter claims of parental alienation. This is because often an abuser will use the argument that the other parent has turned the children against them to detract from the accusations of abuse.

The inappropriate use of psychologists in claims of parental alienation

What’s more, the Council describe the notion that children show a recognisable pattern of behaviours if they’ve been manipulated by one parent against another as, ‘harmful pseudo-science.’ Their view is that bringing in psychologists to assess ‘parental alienation,’ which can have a big influence on court rulings, is wrong.

The view of the Council is that it is ‘inappropriate’ for an expert to decide whether parental alienation has taken place, arguing that when a child rejects a parent, it is not enough to determine alienation. It is up to the court to decide if that rejection is justified by the parent’s behaviour towards the child.

Both lawyers and charities have welcomed the guidelines as they will help to identify cases where allegations of parental alienation are being used as a tactic to silence domestic abuse victims.

If you are struggling with the impact of divorce and separation, we offer a no obligation initial consultation for a fixed fee of £100 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at [email protected] or complete the form below.