The Family Justice Council has published guidance on how the courts should deal with the issue of alienation. The detailed report makes it clear that the term “Parental Alienation Syndrome” has no evidential basis and is considered a harmful pseudo-science.
We need to think about a child’s reluctance to see a parent in another way. The new approach will consider whether there are “Alienating Behaviours” which is recognised as a form of emotional child abuse.
The courts will be looking for a combination of 3 things to show alienating behaviours.
- “RRR” A child who is “reluctant, resisting or refusing” a relationship with a parent PLUS
- The said reluctance is not caused by the parent they are reluctant to see PLUS
- The other parent is active to cause the child to be reluctant, resisting and refusing.
To give concrete examples:
- A child refuses to go and see the parent, normally they are the parent they do not live with.
- A child may be reluctant to see a parent because of actions such as domestic abuse by the parent they do not want to see.
- One parent has caused the problem, speaking negatively of the other parent, is manipulating the child so that a child feels obliged to choose between their parents.
If you do not have all 3 evidence you do not have the alienating behaviours that will now trigger the recommended approach by the courts. In all of this, the guidance is emphasising that there must be proper regard to domestic abuse and the courts now have updated guidance on this difficult area.
