Parental alienation: Understanding the impact on child arrangements

Written by Hannah Newbury, Solicitor in our Family Law team, and Victoria Cannon, Partner in our Family Law team.

When parents separate, maintaining healthy relationships between children and both parents is crucial. Sometimes, one parent may engage in behaviour that damages the child’s relationship with the other parent – this is known as parental alienation. Hannah Newberry, Solicitor in the Hugh James family team, explains the term and the legal support in place for parents feeling they are being alienated by another parent.

What is parental alienation?

Parental alienation happens when one parent acts in ways that damage or destroy the relationship between a child and their other parent. This can include obvious hostile behaviour or more subtle actions that influence how a child views their other parent, This can lead the  child to mimic these feelings towards the other parent and result in a relationship breakdown.

Some examples include:

– Openly showing hostility toward the other parent;

– Sharing adult issues with the child;

– Showing feelings of rejection or hurt when the child wants to see the other parent;

– Making negative comments about the other parent; and

– Directly preventing or interfering with contact.

More subtle actions include:

– Enabling children to overhear negative discussions about their parent and making negative comments about their parent in conversation.

Psychological manipulation

CAFCASS (the Children’s Court Advisory service) defines  parental alienation as ‘psychological manipulation’ that causes ‘a child’s resistance or hostility towards one parent’ when ‘not justified’. It is important to note that this is different  from  legitimate grievance or fallout that  children may experience  during separation.

How serious is parental alienation?

The courts take parental alienation very seriously, treating it as a form of emotional abuse.

A recent  case Re H (2019) shows how sever the consequences can be. In this case, a  mother made  false allegations about  the father, including claims of physical harm to  the children and sexual/emotional harm to  herself. The children were fully aware  and were discouraged from having visits with their father, despite this being previously ordered by the court. Because she had involved the  children in  adult issues beyond  their maturity and understanding, the court removed the children from her care entirely and only allowed  supervised contact.

However, it is important to understand that not  every case of parental  alienation alleged  leads to such dramatic changes in living arrangements. The courts have various options available, including:

• Supervised contact;
• Regular additional support for the children;
• Public handovers; and
• Monitored communication between parents, to ensure that this behaviour is minimised or stopped entirely.

What should you do if you suspect parental alienation?

If you believe your child’s other parent is attempting to alienate you, it’s crucial to act quickly. The longer the situation continues, the harder it can be to repair relationships. The court are particularly wary of forcing contact when there is a risk of the relationship shattering entirely. We recommend:

1. Seeking expert Family Law advice promptly;
2. Consider making an application to the Family Court for a Child Arrangements Order where one parent is entrenched in their behaviour and unwilling to facilitate contact or is denying exposing children  to adult issues; and
3. Document any concerning behaviour or incidents.

How do courts handle parental alienation cases?

Courts take a careful, measured approach. They will:

– Consider the child’s overall welfare (as established in Re C 2007)

May request detailed evidence through a ‘Scott Schedule’ and statement, setting out this conduct. The Court will consider whether a  ‘Fact Finding Hearing’ is appropriate –  however this will delay  proceedings, so it is important to consider whether this conduct has occurred and if it is relevant to the final outcome first.

– Might arrange for CAFCASS or local authority assessment where they speak with the children if appropriate. There can be a general assessment of any child’s wishes and feelings, how they have culminated, and the child’s ability to understand their views. Key indicators of alienation can include children not knowing why they hold negative feelings, or echoing terminology or justifications that are far more mature than they would be expected to articulate.

The court has several options to help resolve the situation:

• Change child living arrangements;
• Financial penalties such as payment of the other parent’s legal costs;
• A direction to complete unpaid work or imprisonment although this is rare;
• Implement a Family Assistance Order. This order is only possible with the involvement of CAFCASS or the local authority. This  ensures   professional support in managing the progression of contact for up to one year and  can help iron out any teething issues or hurdles when rebuilding a relationship with the child, without the need to immediately return to court if a problem occurs.

A recent  case,  Re GB (2023) concludes ultimately that parental alienation is a matter of fact for the Court, and determining parental alienation  cannot be undertaken solely by an expert or one parent alone. As this is such a crucial issue to determine, and commonly disputed , it is crucial that the court making a final Order takes ownership of such facts that could sway the outcome of contact completely.

Getting help for parental alienation

In the event that progress is not being made through out-of-court negotiations, it is crucial that parents seek assistance as soon as possible, given the court’s ongoing concerns with forcing contact arrangements after damage has already been done.  The Family Court’s mission is to uphold the ‘voice of the child’, therefore identification and action at an early stage will ensure the best possibility of a stable outcome.

If you’re concerned about parental alienation, don’t wait to seek help. Early intervention gives the best chance of maintaining or rebuilding healthy relationships between children and both parents. Our experienced family law solicitors can guide you through your options and help protect your relationship with your children.