Understanding “Parental Alienation”

In Family Law, few issues are as emotionally charged and contentious as parental alienation. Parental alienation has far-reaching implications for both the affected parent and the children caught in the crossfire. As Family Law Professionals it is important to understand the intricacies of parental alienation to navigate this complex area effectively. This article seeks to define what parental alienation is, address the impact it has on children and consider what steps can be taken to deal with parental alienation.

There is no single definition for “alienating behaviours”. The Children and Family Court Advisory and Support Service (CAFCASS) refer to “alienating behaviours” as “the term to describe behaviours where one parent or carer expresses an ongoing pattern of negative attitudes and communication about the other parent or carer that have the potential or intention to undermine or even destroy the child’s relationship with their other parent or carer. These behaviours can result from a parent’s feelings of unresolved anger and a desire, conscious or not, to punish the other parent or carer. Alienating behaviours range in intensity and their impact on children.”  

Alienating behaviour can include the dismissal of the other parent or negative remarks, beliefs or attitudes towards another parent to demean, vilify or undermine them and can include withholding positive information from that parent concerning the children.

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Impact on Children:

Children affected by one parent’s alienating behaviour often suffer from emotional or psychological harm which can be reflected in their behaviour towards both of their parents. Children affected by one parent’s alienating behaviour often display signs of feeling confused, guilty, and frustrated. Children can also display an unhealthy attachment to the parent providing their main care. Alienating behaviour can have a direct impact on a child’s self-esteem, mental health, and their ability to form healthy relationships. The role of the court is to act in the best interests of the child and Family Law Professionals have a critical role in ensuring that alienating behaviour and these types of issues are addressed as swiftly and appropriately as possible.

Legal implications:

There is a fine line between genuine concern for a child’s well-being and alienating behaviours. Courts will need to carefully assess first whether there are any safeguarding concerns or allegations of domestic violence that need to be considered. Courts will need to consider carefully  all of the evidence before them when considering what is in the best interests of the children and how their relationship with each parent can be appropriately maintained.  

Approaching parental alienation:

There is no “one size fits all” type of approach and effective intervention can be multi-faceted. For the benefit of the children, assessing and addressing alienation in its early stages can give a greater chance for a prompt and successful resolution. The Child and Family Court Advisory and Support Service (CAFCASS) or Children Services may be appointed by the courts to produce reports  and make recommendations for the interim and long-term arrangements for the children. CAFCASS or Children Services may also recommend support and resources such as counselling or therapy for the children and/or their parents, and co-parenting courses for the parents concerned, to assist the family as a whole with establishing and growing healthier relationships.

It is through writing, talking, and sharing on the topic of “parental alienation” that we can all become more educated and aware of the topic.

Parental alienation is a complex and sensitive matter and requires understanding and skill from Family Law Professionals. At Lamb Brooks, our Family Law Team ensures that they are each individually kept up to date with the legislation and latest case law to ensure that a well-measured and effective approach is taken. By recognising the signs and navigating the practical and legal intricacies, our Family Lawyers can help support you with your case in order to ensure that the children’s best interests are considered the priority and for healthier parent-child relationships to be fostered.

Legal Advice on Parental Alienation

If you are concerned that either you or your children are being affected by another parent or carer’s alienating behaviour then please contact our Family Law Team.

We offer an initial Fixed Fee meeting where you can speak to an experienced Family Lawyer. The Family Lawyer will provide you with some initial advice on your case and options for the way forward.  

Please call 01256 844888, complete an enquiry form on our home page or speak to our online chat assistant (a real person) at any time of day.

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