New guidance on alienating behaviour allegations in Family Courts

The Family Justice Council has recently published new guidance aimed at addressing the complex issue of parental alienation allegations in Family court cases. This guidance seeks to provide a consistent approach across Family courts and improve outcomes for children and families.  

Alienating behaviours are described as psychologically manipulative actions by one parent that result in a child's reluctance, resistance, or refusal to spend time with the other parent. These behaviours can have a significant and lasting impact on a child's emotional and psychological development.

The guidance says that “parental alienation syndrome” lacks scientific evidence and that the term has been increasingly misused in Family court cases. 

The guidance says that, for a court to conclude that alienating behaviours have occurred, three elements must be established: 

1. The child is reluctant, resistant, or refusing to engage with a parent
2. This reluctance is not due to the actions of the parent being rejected
3. The other parent has engaged in behaviours that have led to the child's reluctance

The new guidance requires concrete evidence of manipulation for allegations of alienating behaviour, rather than relying on the child’s behaviour alone. It also stresses the importance of considering the child's wishes and feelings, warning against dismissing a child's expressed views without compelling evidence of psychological manipulation. In cases where alienating behaviour allegations have been made, use of experts is advised, emphasising the need for qualified professionals to provide assessments and recommendations.

This approach not only prioritises the emotional and psychological well-being of children but also fosters a more consistent and fair process for families navigating these challenging disputes. As the courts implement this guidance, it is hoped that it will lead to more balanced and child-centred outcomes in family law cases.

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