Re: Summer 2017 | Page 59

Parental Alienation - A Hot Topic at risk of suffering; (f) h  ow capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs; (g)the range of powers available to the court under this Act in the proceedings in question. The Court may require the assistance of an expert witness when considering the allegations of “Parental Alienation” such as a psychologist, psychiatrist or independent social worker to consider why the “resident parent” is behaving as they are and to advise as to the impact of their behaviour on the child. Following full consideration of the circumstances of the case, the court may feel that the “Parental Alienation” is of such a significant level, that it warrants inviting the Local Authority to prepare a s37 report investigating the child’s circumstances or the court exercising it’s discretion and ordering that the child lives with the “non- resident” parent. When families separate tensions can run high and the relationship between parents can become strained. The reality is often that one parent becomes the “resident” parent having day-to-day care of the child and responsibility for the day-to-day decisions. This topic has also been debated recently in Parliament and a copy of the debate can be found on their website. “Parental Alienation Syndrome” is not recognised by the World Health Organisation and it is not on their list of health topics on their website. However, the courts in England and Wales are using the phrase to describe a process whereby one parent will seek to turn a child against the other parent or whereby the child’s wishes and feelings become intrinsically linked with the “resident parent” in respect of the other parent. “Parental Alienation” can take many forms such as preventing the child spending time with the other parent; belittling the other parent; badmouthing them to the child and interfering with the exercise of parental responsibility. “Parental Alienation” is not recognised as child abuse in England and Wales, however campaign groups argue this needs to change. The courts may however take the view that the behaviour should be deemed as emotional abuse. Emotional abuse is defined by the NSPCC as “the ongoing emotional maltreatment or emotional neglect of a child. It’s sometimes called psychological abuse and can seriously damage a child’s emotional health and development.” Where allegations of “Parental Alienation” are made, the Court will investigate these and make such decisions as are necessary in accordance with the best interests of the child having consideration to all of the circumstances of the case. Under The Children Act 1989, the court considers that the best interest of the child are paramount when determining issues and they will consider the set out at s1(3) of the Children Act 1989, namely: (a) t  he ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding); (b) h  is physical, emotional and educational needs; (c) t  he likely effect on him of any change in his circumstances; (d) h  is age, sex, background and any characteristics of his which the court considers relevant; (e) a  ny harm which he has suffered or is It is important to focus on the child and to remember that it is in their best interests (where it is safe for them to do so) for them to continue to have a healthy relationship with the other parent. This is particularly difficult when adult relationships break down and there is animosity between the parents. It is important to remain focused on the children and to remember that conflict is damaging for children. If you are struggling to come to terms with the breakdown of your family dynamic, then there are specialists who can assist you. Resolution has published useful guidance called “Parenting After Parting” which can be found on their website. If you feel that parental alienation is a feature in your family dynamic, then you may wish to obtain some advice on your circumstances and we have family law specialists available who can provide legal advice and dispute resolution services, including family mediation. If you would like to speak with one of our Family Law Specialists, please do contact our friendly team. By Frances Newbury 57