Parental Alienation
I frequently undertake cases involving parental alienation and have represented a great number of people, particularly fathers, who have been alienated from their children.
Parental alienation occurs when one parent manipulates a child to turn against the other parent, often resulting in the child's estrangement from the targeted parent. The result is often significant emotional and psychological distress for both the child and the alienated parent.
Parental alienation is not explicitly defined in statutory law, but it is increasingly recognised within family court proceedings. Parental alienation is often characterised as a form of emotional harm, as described under Section 31 of the Children Act 1989. Emotional harm in this context refers to the impairment of a child's emotional development and well-being due to the actions or behaviours of a parent.
The court takes a careful and evidence-based approach and may appoint a Children and Family Court Advisory and Support Service (Cafcass) officer to investigate alienation claims and provide a report. The Cafcass officer assesses the child's wishes and feelings, the nature of the relationship with each parent, and any potential harm arising from the alleged alienation.
If the court finds evidence of parental alienation, it has several remedies at its disposal, including:
- Therapeutic Intervention: Ordering counselling or therapy for the child and the alienating parent to address the underlying issues and facilitate reconciliation.
- A Change of Residence: In extreme cases, the court may order a change in the child's residence to live with the alienated parent if it is deemed in the child's best interests.
- Contact Arrangements: Adjusting contact schedules to ensure the child maintains a meaningful relationship with both parents.
Parental alienation is a serious issue that can have lasting effects on a child's emotional and psychological well-being. While it lacks a specific statutory definition in England, it is recognised and addressed within the legal framework prioritising the child's best interests. Courts adopt a balanced approach, focusing on evidence and expert assessments to resolve cases involving allegations of parental alienation, ensuring that the child's welfare remains the central consideration.
If you’ve been alienated from your children, please contact me to discuss how we can resolve this and restore your relationship with your children.
