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
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