What is parental alienation?
As family law practitioners, some of the most difficult cases we see concern one parent undermining the relationship of their child with the other parent. This can take a variety of forms but in the most extreme cases it sees one parent manipulate, coerce or pressure a child to take “their” side, with the tragic result being that the child no longer wants to have a full relationship with the other parent.
It is this extreme behaviour, where the child is influenced by the negative feelings and actions of one parent, that is commonly referred to as parental alienation and which sees the child have very limited or no contact with the other parent. Unfortunately, as these types of cases are generally intractable with no possibility of agreeing a way forward between the parents, often the only way in which they can be resolved is the court’s intervention, although alternative forms of dispute resolution should certainly be explored.
What is the court’s approach to parental alienation?
In each case before it, the central question the court asks is what is best for the child. In the overwhelming majority of cases, the court will determine that it is best for a child to have a full and proper relationship with both parents. It is only in a small number of tragic cases where a risk of harm to the child exists which justifies a child having a limited relationship or no relationship at all with a parent.
For a period of time, alleging parental alienation in the court was often met with scepticism and criticism by Judges. As there is no statutory definition of it and psychiatrists and psychologists have not yet defined it as diagnosable syndrome, it is difficult to identify the behaviour, and it can be hard to know how to prove parental alienation.
However, for children who have been alienated from a parent, there have been cases in recent years where the court has endorsed the concept of “parental alienation” and recognised that it is an issue that must be dealt with. Two of these important cases have been Re H (Children) and PA v TT and another.
In Re H (Children), the Judge, after conducting judicial meetings with the children found, that they had become “recruited” to the mother’s view of the father and expressed disappointment that the professionals involved in the case had not been able to properly recognise this. In her judgement, the Judge wrote that “Parents who obstruct a relationship with the other parent are inflicting untold damage on their children and it is, in my view, about time that professionals truly understood this”.
In PA v TT and another, a framework for dealing with such cases was set out. The court lent support to the instruction of experienced and independent experts familiar with the concept of parental alienation to report on what are very complex issues and gave warnings to professional bodies generally assisting the court to ensure their caseworkers were experienced and given enough time to make their assessments. Ultimately, the court recognised the right of the child to have a relationship with the alienated parent and in the circumstances of the case thought that for the child to have a full relationship with both parents required the child to live with his father and not his mother.
Conclusion
For parents who have been alienated from their child but who want to have a relationship with them, seeking specialist legal advice about their parental rights will be an essential first step in navigating what is a complex and developing area of law.
Unfortunately, resolving any case of parental alienation will be a difficult process. They are not routine cases where two parents are simply in dispute about how much time a child should spend with each parent. There are rare cases where one parent does not want the other parent in a child’s life without objectively good reasons. Often the alienating parent is willing to go to extreme lengths to achieve their aim, which makes court proceedings highly adversarial, protracted and complicated.
This does not, however, mean that matters cannot be resolved and the court is prepared to not only investigate allegations of parental alienation but also to make robust judgments and orders which implement what is best for a child in their particular circumstances. Although there are always exceptions, this almost always means a child having a loving relationship with both parents.
Should you wish to discuss either parental alienation, or you need a parental alienation lawyer in London, please contact us at info@kmjsolicitors.com or 0203 709 6895 to arrange to speak to one of our solicitors.
Posted on 08/02/23
