Date published: 24/07/2025
Author: Sajini Sridaran, Paralegal
In late 2024, the Family Justice Council (FJC) published important guidance aimed at supporting professionals working within the Family Justice system when a parent or carer makes allegations of alienating behaviours by the other parent or carer. This guidance marks a significant step forward in tackling what has long been a contentious and emotionally charged issue in proceedings about the arrangements for children.
Below, we provide an overview of the key points and implications for parents and carers navigating disputes about the arrangements of children following separation.
What is alienating behaviour?
The guidance aligns with the view of the Association of Clinical Psychologists and makes it clear that ‘Parental Alienation Syndrome’ or ‘parental alienation’ is ‘not capable of being diagnosed’, with the report also saying that there is no evidence base for such a “syndrome”. Instead, it defines alienating behaviour as a process in which one parent manipulates a child, intentionally or otherwise, against the other parent.
Understanding the child’s perspective
At the heart of the guidance is the principle that the child’s welfare and voice (considered in light of their age and understanding) must remain central. When a child shows reluctance, resistance, or refusal to spend time with a parent, it is essential to explore the underlying causes, rather than immediately attribute it to alienating behaviours. Children may distance themselves from a parent for a variety of legitimate reasons due to their lived experience, including due to abuse they have faced from or witnessed at the hand of the other parent. This has been described in the guidance as an “appropriate justified rejection” .
Three key elements for allegations of alienating behaviour
In order for a court to conclude that alienating behaviours have occurred, three specific elements must be established:
- The child is reluctant, resistant, or refusing to have a relationship with one parent.
- This RRR is not explained by that parent’s behaviour towards the child or the other parent or other factors such as affinity or attachment to one parent over the other, which are expected emotional responses in parenting (as opposed to being due to manipulation by a parent).
- Behaviour of the other parent has directly or indirectly impacted the child which in turn has caused the child’s reluctance to have a relationship with the parent.
Courts are reminded that alienating behaviours can be present in intact families, not just post-separation, and that either or both parents can contribute to such dynamics.
Balancing alienating behaviours and domestic abuse allegations
One of the most complex challenges in family proceedings is the overlap between allegations of alienating behaviours and allegations of domestic abuse. Where a court makes findings of domestic abuse and the domestic abuse has caused a child to reject the other parent or protect the victim parent, the guidance says that there will not be a finding of alienating behaviours due to the importance of protecting children from the impact of domestic abuse and the harm it can cause.
Case management: ensuring fair and timely responses
The guidance outlines a detailed framework for managing cases in which alienating behaviours are alleged, including:
- Triage of allegations: If the allegations are raised at the outset, the Legal Adviser or Judge will consider the allegations (nature, seriousness and complexity) and whether on the information available the elements (as outlined above) are likely to be present, the case may be transferred to a Judge (a more senior judicial officer than a Magistrate).
- Whether a fact-finding hearing is necessary, relevant and proportionate and if so, should be ordered. A fact-finding hearing tests allegations being made with the court being obliged to determine, on the balance of probabilities / whether it is more likely than not, that the alleged behaviour occurred and with alienating behaviours, whether it also led to the child’s reluctance / unwillingness to spend time with the other parent.
- Directions regarding the use of expert evidence (not to diagnose alienation, but to assist in evaluating welfare outcomes).
Importantly, the guidance urges robust case management from the outset to minimise, as far as possible, allegations of alienating behaviours being raised late in the proceedings which can (if held to be relevant and necessary to determine) result in earlier decisions about the direction of the case needing to be reviewed.
Moving forward
This new guidance is a welcome development for practitioners, families, and judges alike. By refocusing on the impact on the child, rather than the terminology surrounding parental alienation, it promotes a more balanced, evidence-based approach to some of the most emotionally complex issues in disputes around the arrangements for children.
For families navigating these difficult circumstances, this guidance offers hope for more consistent, child-focused decision-making across the courts. For professionals working with those families, it serves as an essential tool in managing allegations of alienating behaviours in a fair, structured, and welfare-oriented way.
If the issues raised in this blog are relevant to you and you want to speak to one of our family law solicitors, pleased write to us at info@kmjsolicitors.com or call us on 0203 709 6895.
