Family Courts in England and Wales Urged to Prioritize Domestic Abuse Over ‘Parental Alienation’ Claims

New guidance suggests that family courts in England and Wales should assign greater importance to allegations of domestic abuse than to assertions of “parental alienation.” When parents separate and are in dispute over their children, they seek resolution in the family court. In these private law children cases, claims and counter-claims are frequently made. Typically, one parent, usually the mother, might accuse the other parent of abuse. The father, in turn, may allege that she has manipulated the children against him, a concept termed parental alienation. The court’s decision in such matters can have profound, lifelong repercussions for the family, as the judge must determine where the children will reside and the extent of time they will spend with the other parent. A report issued on Wednesday by the advisory Family Justice Council states that “despite the lack of research evidence, and international condemnation, reference is still made to the discredited concept of ‘parental alienation syndrome’.” This concept proposes that children exhibit a discernible pattern of behaviors if they have been influenced by one parent to reject the other. The guidance labels this as a “harmful pseudo science”. It acknowledges that genuine instances exist where alienating behaviors “impact” a child’s relationship with the other parent, but these are considered “relatively rare.” According to research, over half of all private law cases involving children include allegations of domestic abuse. The exact number of cases involving parental alienation is unknown, though judges have noted an increase in such instances within their own caseloads. The guidance explicitly states that “allegations of domestic abuse and ‘parental alienation’ cannot be equated,” highlighting that domestic abuse is a criminal offense. It is increasingly common for the parent accused of abuse, typically the father, to respond by claiming that the mother has turned the children against them. These cases can prolong for many years, leading to the deterioration of parental relationships and negatively affecting the children. Some cases are brought before the court multiple times. When parental alienation is alleged, psychologists may become involved, and their expert evidence often carries significant weight. Late last year, Judge Mrs Justice Judd presided over a High Court case concerning two parents who had separated in 2017. The mother had informed the family court at that time that the father had abused her, and she was granted a non-molestation order, which are injunctions utilized in urgent abuse cases. The father had the right to contact with the children, initially supervised, but three years later, he returned to court asserting that contact between him and the children had ceased. Psychologist Melanie Gill was requested to provide a “global assessment” of the family, which she submitted in 2022. She concluded that the mother had unconsciously alienated the two secondary school-age children from their father, a point which the father emphasized. The mother expressed significant concern about potentially losing her children, as she conveyed to The Bureau of Investigative Journalism, although she ultimately won her case. The new guidance deems it “inappropriate” for an expert to determine whether parental alienation has occurred. It specifies that this decision rests with the court, and a psychologist may be engaged later to offer advice on how to manage the situation. The council further states that a child’s rejection of a parent, by itself, is insufficient to establish alienation. The court must investigate whether such rejection is justified, possibly by the parent’s own conduct. Additionally, evidence of manipulation must be presented. The Family Justice Council comprises senior judges and lawyers, alongside experts and other representatives of family court users. Its guidance has been well-received by some legal professionals and charitable organizations. Lucy Reed KC, founder of the Transparency Project—a charity dedicated to explaining family law—commented that the guidance would have a substantial impact, making it considerably more difficult to prove “alienating behaviour.” She added that it would assist courts in identifying cases where allegations were being used as a litigation strategy or as a means to silence survivors of domestic abuse. Charlotte Proudman, who has represented numerous parents accused of parental alienation, described it as a “great step forward.” The charity Women’s Aid characterized it as “a positive step in the right direction.” However, Women’s Aid suggested the guidance should be more child-centered, expressing that it was “concerning” that child sexual abuse was not referenced. Sam Morfey of the charity Both Parents Matter, formerly known as Families Need Fathers, welcomed the guidance but also noted the necessity for acknowledging that “unfounded claims of abuse… can be evidence of alienation and a deliberate attempt to damage a child-parent relationship.” Copyright 2024 BBC. All rights reserved. The BBC is not responsible for the content of external sites. Read about our approach to external linking.