On Wednesday 11th December 2024 the Family Justice Council, an advisory body made up of senior Judges, lawyers, experts and others that advise in the Family Court, published new guidance on how the Court is to approach allegations of parental alienation.
Parental alienation
Parental alienation, as a term, is highly emotive and frequently used, often increasing tensions in difficult family situations. The guidance highlights such concerns can polarise opinion and turn the focus away from the child. The Guidance aims to ensure the focus remains on the impacts of the child rather than parental behaviours and provides a very clear statement on the Court’s approach to such matters. The guidance recognises that parental alienation has no evidential basis and is considered a “harmful pseudo-science”. It goes on to reiterate that whilst it does not mean that there are not genuine cases in which a parent’s alienating behaviours impact a child’s relationship with their other parent, such examples are relatively rare.
In support of allegations of parental alienation over the years, parties have sought to call experts to determine whether parental alienation has occurred. The guidance has restated the view that it is “inappropriate” for an expert to be used to determine parental alienation. It is for the court to determine whether there is rejection of a parent by a child, whether that rejection is justified (which can include the parent’s own behaviour) and there must be evidence of manipulation.
This is the clearest statement to date of how a court will approach matters. It provides welcome clarity and will enable the focus to remain on the child.
We appreciate that situations arise where contact becomes very difficult and at Stephens Scown we have specialist children solicitors to help you look at all the options and help you find a solution. Please get in touch today on: 0345 450 5558 or: enquiries@stephens-scown.co.uk