Breaking the cycle: the guidance on parental alienation

Parental alienation is a form of psychological manipulation that can significantly harm a child's relationship with the target parent. The alienating parent often tries to persuade the child that the other parent is harmful, unworthy of love, or doesn’t care about them.

While specific data on the prevalence of parental alienation is limited, research suggests it impacts around 11% to 15% of divorce cases. Additionally, research from the University of Manchester has shown that parental alienation can have a significant impact on the health and wellbeing of both children and parents, with some studies indicating that around 80% of the most difficult cases in the family courts involve parental alienation.

According to CAFCASS, between 1 April 2024 and 28 February 2025, it received 35,717 new private law children’s cases, involving 53,721 children. This presents a pressing need for an understanding of the potential challenges that can arise.

Spotting the signs

The phenomenon of ‘alienating behaviour’, where it is alleged that one parent has either created or exacerbated a rift between a child and the other parent, needs to be scrutinised very carefully by a properly qualified professional, who will be able to strategically advise on how to deal with the situation. 

‘Appropriate justified rejection’ and ‘attachment affinity and alignment’ are two other behaviours that can be mistaken for parental alienation. They each describe situations where a child’s reluctance towards a parent is understandable and not necessarily due to parental alienation. This can stem from harmful parenting (like neglect or abuse), the child’s own conclusions about family dynamics, their preference for one parent due to factors like involvement or parenting style, or even as an attachment strategy. It’s crucial not to mistake these understandable reactions for alienating behaviour.

Examples of alienating behaviour can manifest in various ways, including badmouthing the other parent, limiting contact, or instilling feelings of fear or distrust towards them.

Such behaviours can lead to the child rejecting or resisting contact with the alienated parent, often resulting in significant emotional distress for the child and the targeted parent. 

As parental alienation has become more well-known, there has already been a marked increase in references to it, and it is important to understand how and why an allegation is being used and whether it is genuine; it can be used as a barrier or to delay proceedings. Some alienating behaviours can manifest as extreme accusations made by one parent about another, using the child, as well as being incredibly painful for the child, if unfounded, this has an even more severe impact on them. Regardless of the intent, or what either parent argues, the court will always respond and look to protect the child in these circumstances.

Worryingly, allegations of parental alienation often arise when domestic abuse has been a feature in the case. Domestic abuse can include controlling and coercive behaviour, sexual abuse and verbal abuse.

Perpetrators of abuse have been known to use allegations of parental alienation as a distraction technique, offering this as an explanation for the children rejecting them. This has long been questioned by victims and advocates alike, and it is now reassuring to see that this is being addressed at a higher level.

If there are concerns about parental alienation or domestic abuse, it is important to address this head-on to ensure that this is properly dealt with and determined during the proceedings. Any findings of either alienation or abuse can have a significant impact on the outcome of the case and will be relevant when finalising the arrangements for where the children will live or the time they spend with the other parent.

New guidance

At the end of 2024, many in the legal sector welcomed crucial guidance published by the Family Justic Council (FJC) on parental alienation in family court proceedings. The President of the Family Division, Sir Andrew McFarlane, has endorsed the guidance, urging all family justice professionals to review it carefully.

It marks a significant step forward in ensuring that children’s voices are heard and that decisions regarding their care are made in their best interests. It also helps recognise the potential for serious harm when allegations of parental alienation are misused.

The guidance supports the judiciary and practitioners on responding to a child’s unexplained reluctance, resistance, or refusal to spend time with a parent and allegations of alienating behaviour. It provides a more robust assessment of both allegations of abuse and alienation, with a proper examination of them through a finding of fact investigation.

The guidance was published following an extensive consultation, and aims to dispel myths about parental alienation syndrome, reaffirm fact-finding relating both to allegations of alienating behaviour or domestic abuse as a judicial function, and emphasises the importance of considering domestic abuse allegations alongside alienation claims. 

The potential for change

While not altogether the same, we have seen changes made recently to support victims of domestic abuse. Controlling or coercive behaviour offenders sentenced to a year or more will now be automatically managed under stricter multi-agency arrangements, like other serious domestic abusers. While alienating behaviours fall on a spectrum, for the most serious forms, the results can cause lifelong trauma to children and cause irreversible damage to relationships. The new guidance could certainly become stricter and penalties could become a factor to protect more victims in future.

While it has only been a few months since the new guidance was introduced, there is now more potential to protect children within the family court system. This is the crucial first step towards one day having more regulations in place to prevent parental alienation occurring or to halt it from progressing and causing more damage.

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