Parental alienation and the need for reform

Parental alienation is an increasingly used term used in cases involving children. The President of the Family Division, Sir Andrew MacFarlane, recently said that there has been a “complete upsurge in the number of cases in which it is alleged”. This is not a term to be thrown around lightly and, some will argue, should not be used at all.

Often, despite both parents having quality time with the children, one or both parents will allege parental alienation. A parent who has not been present in the children’s lives for several years may cite parental alienation, even in cases where they chose to walk away for a period of time. Sometimes it is used tactically to be alleged by a perpetrator of abuse to distract from the allegations against them.

False allegations detract from the severity of true parental alienation and the damage it can cause children where alienation has not just been attempted but successfully achieved. Equally the results of alleging and successfully proving parental alienation can be severe, including a transfer of residency.

The lack of a legal definition

However, there is no definition within our legal system as to what parental alienation is. Everyone accepts that this can present in different ways. Sometimes a parent may do this deliberately and blatantly, often this goes hand in hand with implacable hostility. Other times it can be subconscious, where they genuinely believe that they are doing what is right and best for their child, but they are alienating their child from the other parent through their behaviours unknowingly.

The closest we can get is the rather broad definition from CAFCASS about alienating behaviours which states ‘behaviours where one parent expresses an ongoing pattern of negative attitudes and communication about the other parent that has the potential or intention to undermine or even destroy the child’s relationship with the other parent.’

If a child says that they do not want to see a parent, this does not necessarily mean that they have been alienated. If they have watched one parent abuse the other or have seen one parent leave the other for a new partner it is quite common that children will take sides with the parent that they think they may need to ‘protect’. It is common for children to struggle with the separation of their parents and, in some cases, this can lead to long-term implications for their wellbeing. Emotions run high in any divorce, but where children feel they have to choose between their parents, this can be exacerbated. Ultimately, it is for the court to determine as a question of fact if a child is being alienated by one parent. It is not the role of a psychologist. This was set out in Re GB (Part 25 Application: Parental Alienation)[2023] EWFC 150, which reinforces previous rulings of this nature.