What is Parental Alienation?

Parental alienation is a complex and emotionally charged issue that occurs when one parent manipulates a child to undermine or sever the relationship with the other parent. This harmful dynamic often arises in the context of contentious separations or divorces and its effects can be devastating for the child and targeted parent.

There is no current legal definition for parental alienation. However, CAFCASS who support the Courts in matters relating to children provide the following definition:

“When a child’s resistance or hostility towards one parent is not justified and is the result of psychological manipulation by the other parent”.

 How does parental alienation happen?

• Interfering with time for example, making plans or arranging events at a time when the child is due to spend time with the other parent.
• Making false allegations about the other parent – this can include calling Social Services about the other parent as an attempt to prevent their child being with them.
• Destroying or withholding gifts from the other parent as well as letters or photos.
• Burdening the child/ren with anger and emotional outbursts.
• Repeatedly breaking or changing contact arrangements.

Signs in the child

• Children might demonstrate extreme negative views of the other parent and seeing one parent as good and the other as bad. Perpetrators can then feed from this and use it to justify their actions.
• Feeling protective over the perpetrator, siding with them and showing lack of remorse for the other parent.
• The child/ren may adopt their parent’s way of thinking and opinions.
• The child/ren shows little to no guilt or remorse for their rejection or cruelty toward the alienated parent.
• The child/ren avoids visits, calls or communication with the alienated parent.
• The alienating parent uses guilt, fear or loyalty conflicts to sway the child’s perception.

 What is being done?

In 2016, there was a petition created on the government’s petitions website asking to introduce a law that recognises Parental Alienation as a criminal offence. The Petition ran for 6 months and received 12,239 signatures. The Ministry of Justice responded to say the Government did not believe legislation is needed to criminalise parental alienation as the Courts already have the power to take effective action. Considering there is no specific legislation dedicated to parent alienation, the courts will have to prioritise the child’s welfare in determining these cases. Section 8 of the Children’s Act 1989 gives the Courts wide discretion in meeting the welfare needs of the child.

What does the Law say?

Although there is no criminal offence for Parental Alienation in the UK, it is becoming more common and more recognised in the UK Courts and recognised as a serious issue that can cause significant harm to the child. During Family Proceedings the Judiciary consider the rights of the child and conduct of the parents on the child/ren when making their final decision.

In the case of Re H (A Child) (Parental Alienation) EWHC 2723 (Fam) the parents had been through countless Child Arrangement Hearings and the mother had raised several allegations of domestic abuse against the father. All of which were dismissed.

It was held that the Mother had alienated her child from his father, the absence of the father in the child’s life will cause the child emotional and social harm and the only means in which the child can enjoy both parents was to transfer the residence to the father. This case demonstrated how the child can be entangled in parental conflict and how the Courts had recognised the mother’s alienation behaviour.

The Judge ordered a change of residence in relation to the child, having determined that the mother had alienated him from the father. The Judge ruled that the only means by which he could enjoy a relationship with both of his parents was to transfer residence to the father; nothing else will do in the welfare best interests of the child. This case highlights the robust approach the Court is prepared to take in cases such as these as the child had not seen his father for over 12 months at the point that change of residence was ordered. 

How can we help?

Recognising and addressing Parental Alienation is critical to protecting the well-being of children and preserving their relationships with both parents. By understanding the signs, taking early action and seeking legal support, families can work towards healing and rebuilding fractured bonds.

Wollens have a highly trained family team that are fully equipped to spot the signs and patterns of negative behaviours. If you suspect that you or someone else is experiencing parental alienation, please do not hesitate to contact us and we will be happy to assist.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.