Family Justice Council's Guidance on Alienation
The Family Justice Council has recently provided guidance to the courts in dealing with cases where children may show alienating behaviour towards one parent or carer.
What Parents Need to Know About Allegations of Alienating Behaviours in Family Court
If you're navigating a separation or divorce and are facing allegations that you are alienating your child from the other parent, it's important to understand the latest guidance from the Family Justice Council. The guidance helps to clarify how courts should respond to claims of “alienating behaviours” — actions that allegedly influence a child’s reluctance, resistance, or refusal (RRR) to spend time with one parent.
While the concept of “parental alienation syndrome” has been controversial and lacks scientific backing, the Family Justice Council’s guidance provides clear principles on how allegations should be handled and what you can expect if you're facing such claims.
What Are Alienating Behaviours?
The guidance defines alienating behaviours as actions by one parent that, whether intentional or not, undermine the child’s relationship with the other parent. These could include things like speaking negatively about the other parent, making the child feel guilty for spending time with them, or creating situations where the child is made to feel uncomfortable or unsafe when visiting the other parent.
For the court to find that alienating behaviours have occurred, three main conditions must be met:
- The child shows reluctance or refusal to spend time with one parent.
- The refusal is not simply a child’s natural rejection or preference for one parent over the other.
- The parent’s actions have directly contributed to this reluctance.
What Happens in Family Court?
If alienating behaviours are alleged, it’s crucial that the court handles the case carefully. The Family Justice Council stresses the importance of a robust case management process. This includes gathering proper evidence, making sure allegations of domestic abuse are addressed first and avoiding quick assumptions. The court is told to be cautious before making any findings of alienating behaviours, as such claims are relatively rare.
For parents, this means that even if allegations are made, they do not automatically lead to drastic decisions. The court will carefully evaluate all the facts before acting.
What Does This Mean for Your Child’s Welfare?
The most important consideration in family law decisions is always the child’s welfare. The guidance warns against rushing into changes to the child’s living arrangements based solely on claims of alienation. Instead, the court may consider interim solutions, such as appointing a Children’s Guardian or conducting psychological assessments before making any final decisions.
If you’re concerned about your child’s relationship with the other parent, it’s important to remember that a child’s best interests are paramount. The court will aim to make decisions that protect and nurture the child’s relationship with both parents wherever possible.
Expert Input: What Parents Should Know
If you’re involved in a case where alienating behaviours are being discussed, you may encounter experts who are asked to assess the situation. The Family Justice Council advises that experts should not be brought in simply to assess alienating behaviours. Instead, the focus should be on professional psychologists who are HCPC registered and have experience in working with both children and adults. To avoid conflicts of interest, these experts should not have any financial stake in the interventions they suggest.
For parents, this means that any expert recommendations should be scrutinised carefully to ensure that they are impartial and focused solely on the welfare of your child.
How Can You Protect Your Child’s Relationship with Both Parents?
If you’re worried about your child’s relationship with the other parent, it’s crucial to act in ways that support their emotional well-being. Here are some steps you can take:
- Foster Open Communication: Encourage your child to maintain a positive relationship with both parents. Avoid speaking negatively about the other parent, even if you’re hurt or frustrated. Try to be cooperative with the other parent. We have a Parental Agreement available on our website which may assist.
- Seek Professional Support: If you’re struggling with your co-parenting relationship, consider seeking family therapy or parenting advice from experts who can help you navigate difficult emotions and situations.
- Know Your Rights: If alienating behaviours are alleged against you, seek professional legal advice immediately to ensure that your side of the story is heard and your child’s best interests are protected. At Neve’s we offer a fixed fee consultation with one of our family law experts.
What does this new Guidance mean for you and your family?
The Family Justice Council’s guidance provides valuable clarity on how allegations of alienating behaviours should be addressed by family courts. While these cases can be difficult and emotional, the guidance emphasises that the child’s welfare should always come first. Courts will take a careful approach to assess the situation, ensuring that decisions are made based on a thorough understanding of the facts.
If you're facing such allegations, remember that support is available. Consulting with a family law solicitor can help ensure that your rights and your child’s well-being are properly protected throughout the process. Get in touch by calling 0330 0945 500, email family@nevesllp.co.uk or complete our Contact Form and we'll get back to you.
