New guidance on ‘parental alienation’ in family court battles

Family courts in England and Wales should give more weight to allegations of domestic abuse than claims of “parental alienation”, according to new guidance.

When parents separate and are arguing over their children, they turn to the family court. Cases of claims and counterclaims by children are common in these private law cases.

One parent, usually the mother, may accuse the other parent of abuse. The father may contest that he has incited the children against him – a practice called parental alienation.

How the court responds can have lifelong effects on the family, as the judge must decide who the children live with, and how much time they spend with the other parent.

“Despite a lack of research evidence and international condemnation, reference is still made to the discredited concept of ‘parental alienation syndrome’,” the advisory Family Justice Council reported Wednesday.

The idea is that children show a recognizable pattern of behavior if they have been manipulated by one parent against the other.

The guidance describes it as “harmful pseudoscience”.

It says there are genuine cases where alienating behavior “impacts” a child’s relationship with the other parent, but they are “relatively rare”.

According to research, more than half of all private law cases involving children involve allegations of domestic abuse.

It is not known how many involve parental alienation, although judges have seen an increase in their own cases.

The guidance says, “Allegations of domestic abuse and ‘parental alienation’ cannot be equated” – indicating that domestic abuse is a crime.

It has become common for the parent accused of abuse, usually the father, to claim that the mother has turned the children against them.

These cases can drag on for many years, as relationships between parents deteriorate and children are affected.

Some people come to court several times.

Psychologists may be involved where there is a claim of parental alienation, and their evidence is often influential.

A case heard by the High Court late last year was presided over by the judge, Mrs Justice Judd A case involving two parents who separated in 2017.

The mother told the family court that the father had abused her, and was granted a non-molestation order – an injunction used in urgent abuse cases.

The father had the right to contact the children, at first he was supervised, but after three years, the father came to court and said that contact between him and the children had been severed.

Melanie Gill, a psychologist, was asked to provide a “global assessment” of the family, which she filed in 2022.

She said the mother had inadvertently turned the two middle school children against their father, which the father understood.

Mother was very worried that she would lose her childrenAs he told the Bureau of Investigative Journalism, however, he won his case.

The new guidance says it is “inappropriate” for an expert to determine whether parental alienation has occurred.

It said this was for the court to decide and that a psychologist could later be brought in to advise on how it should be dealt with.

The council also says that when a child rejects his or her parent, it is not enough to determine alienation.

The court will have to examine whether that rejection is justified, perhaps by the parent’s own behavior. And there must be evidence of manipulation.

The Family Justice Council is composed mainly of senior judges and lawyers. His guidance has been welcomed by some lawyers and donors.

Lucy Reed Casey, founder of the Transparency Project – a charity which aims to explain family law – said it would have a major impact, making it much harder to prove “alienating behaviour”.

He said this would help courts identify cases where allegations were being used as a litigation tactic or as a means to silence domestic abuse survivors.

Charlotte Proudman, who has represented many parents accused of parental alienation, said it was a “great step”.

The charity Women’s Aid said it was “a positive step in the right direction”.

Although it said the guidance should be more child-centred, it was “concerning” that it made no reference to child sexual abuse.

Sam Morphy, of the charity Both Parents Matter, formerly Families Need Fathers, said he welcomed the guidance, but added that it needed to be recognized that “unfounded claims of abuse… may be evidence of alienation and may be a deliberate attempt to harm the child-parent.” relationship”.