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Parental Alienation. What is it?

The Children and Family Court Advisory and Support Service (CAFCASS) describes parental alienation as “the unjustified resistance or hostility from a child towards one parent as a result of psychological manipulation by the other parent.”  In other words, it can occur when one parent’s influence leads a child to reject or resent the other parent without a clear or justified reason.

There has been an increase in allegations raised during family proceedings in recent years. According to CAFCASS, such circumstances can have a lasting emotional impact on a child, affecting their sense of identity, self-worth, and their connection with a parent who remains important to them throughout their life.

However, a child’s reluctance to spend time with a parent does not always stem from alienation. It can also arise for other reasons, such as fear of an abusive parent, discomfort about a parent’s behaviour or lifestyle, or feelings of abandonment if that parent has previously left the family home. Distinguishing between these scenarios is crucial to avoid mislabelling and to ensure the child’s welfare remains the central concern.

A Case of Mislabelling

Family Court Advisers (FCAs) are trained to recognise the complexities involved when a parent claims to be alienated. CAFCASS guidance acknowledges that sometimes, claims of alienation are raised as a defence to allegations of domestic abuse. FCAs understand that children can form their own views about what has happened in their family and that these experiences naturally shape their attitudes toward each parent. When a child refuses contact without an obvious reason, FCAs will explore the underlying causes carefully and assess how this may affect the child’s long-term well-being.

However, when the term “alienation” is used too quickly or without proper evidence, it can create a narrative that is difficult to challenge. The accused parent may face an uphill battle to prove their case, and the focus can shift from the child’s needs to a blame-driven discussion between parents.

Accusations of alienating behaviour can also sometimes follow incidents of domestic abuse, being used either as a means of control or to minimise the experience of harm suffered by the victim. The Family Justice Council (FJC) has made it clear that domestic abuse and alienating behaviours are not equivalent. Domestic abuse is a criminal act and should be addressed through proper findings within court proceedings, while alienating behaviours relate specifically to emotional harm caused to a child.

The 2024 Family Justice Council (“FJC”) guidelines now provide updated clarification on this issue. They emphasise that domestic abuse and alienating behaviours must never be treated as equivalent concepts and that the court must undertake a fact-specific analysis before determining whether a child’s resistance is justified. The updated guidance stresses the importance of:

• Avoiding the automatic use of “alienation” labels without a robust evidential foundation;
• Ensuring that allegations of domestic abuse are fully considered before any assessment of alienation is made; and
• Placing the child’s voice and lived experience at the centre of all evaluations and decisions.

These new guidelines reflect a growing understanding within the family justice system that “parental alienation” has, in some cases, been used to discredit victims of abuse. The FJC urges courts and practitioners to approach such cases with caution, ensuring that interventions protect both the child’s welfare and the rights of vulnerable parents.

How the Courts Identify Alienating Behaviour

To determine whether alienating behaviour has taken place, the court generally considers three key elements:

1. Reluctance or resistance: The child is unwilling or refuses to have contact or a relationship with one parent.
2. Lack of justification: This reluctance cannot be explained by the parent’s own actions or other legitimate reasons, such as abuse, neglect, or previous conflict.
3. Influencing behaviour: The other parent has directly or indirectly influenced the child’s views or emotions, contributing to their resistance to engage with the parent in question.

 Under the 2024 FJC guidelines, courts are also encouraged to adopt a holistic and trauma-informed approach, recognising that children’s behaviours are shaped by their family context and experiences, and that reluctance to engage may sometimes be a protective response rather than evidence of manipulation.

How ����VR��Ƶ Legal Clinic (BULAC) can help

Cases involving parental alienation or domestic abuse can be emotionally challenging and legally complex. It’s important to seek guidance early, especially where there are concerns about a child’s welfare or safety.

BULAC provides free advice and assistance in civil law matters. While we do not represent clients in family court proceedings, we can offer initial guidance and help you understand your options.

If you need advice specifically about family law, you may make an appointment by contacting:

01248 388411 or email bulac@bangor.ac.uk.