What is Alienating Behaviour in Family Law?
The circumstances in which alienating behaviour (previously known as parental alienation) are alleged are complex and require careful scrutiny. Allegations of alienating behaviour arise in private children law proceedings where there is concern about the breakdown of a relationship between a child and one of their parents.
These allegations often arise when a child’s relationship with one parent has significantly reduced. They can also occur when one parent claims the other is influencing the child against them. In family law cases in England and Wales, the court carefully considers the child’s perspective. This includes the quality and history of both parental relationships, the child’s own wishes and feelings, and any factors that might explain their reluctance or refusal to spend time with a parent. Not all resistance by a child indicates alienating behaviour. Each case must be assessed individually and in its specific context.
Why the Courts Prefer the Term “Alienating Behaviours”
Alienating behaviour, is an allegation sometimes made to describe the cause of the breakdown in a relationship between a child and one of their parents. The term “parental alienation” is no longer approved of by the Court, and the term “alienating behaviour” is now recognised as a more accurate term to use when the Court is investigating an allegation that there is a pattern of behaviour by one parent which impacts on the relationship between a child and the other parent and trying to understand why a child may be opposed to having a relationship or spending time with that parent.
The Relationship Between Alienating Behaviour and Domestic Abuse
In practice allegations of alienating behaviour, historically referred toas parental alienation, are often made in response to an allegation of domestic abuse, which can include not only physical harm but psychological harm, including coercive control.
Allegations of alienating behaviour often arise alongside claims of domestic abuse, including physical or, psychological harm, or coercive control. Courts in England and Wales carefully examine both parents’ conduct and the child’s experiences to distinguish genuine protective responses from patterns of alienating behaviour, ensuring decisions protect the child’s welfare and best interests.
What Evidence Is Required to Prove Alienating Behaviour?
The fact that an allegation of alienating behaviour has been alleged does not mean that it has necessarily taken place. If a pattern of alienating behaviour is found to have occurred it is a form of emotional abuse itself, but it should be noted that it is uncommon for a court to be satisfied that a pattern of alienating behaviour has taken place.
Understanding a Child’s Reluctance to Have Contact with a Parent
Alienating behaviour, historically referred to as parental alienation, is typically found to have taken place where a child may be reluctant to have contact, spend time with or have a relationship with one parent, but when the cause of that reluctance is not as a result of that parent’s previous relationship or actions towards the child or other parent.
The Importance of a Child’s Lived Experience and Exposure to Abuse
A child’s behaviour and reaction/response to contact with a non-resident parent needs to be carefully analysed and consideration given to their pre-separation experience of their parenting by each parent and their involvement/experience (direct or indirect) in/of any abuse within the home. To find alienating behaviour evidence must show that a child’s reluctance to spend time with that parent is not consequent on the actions of that parent towards the child or other parent.
Can Allegations of Alienating Behaviour Be Used as Coercive Control?
Le Family Justice Council, which helps oversee and integrate the family justice system in England and Wales, recognises that allegations of alienating behaviours are often raised in response to allegations of domestic abuse. It also recognises that allegations of alienating behaviour may be used as controlling behaviour by an abuser. It is absolutely critical that when allegations are made they must be specific and cases must be prepared meticulously.
Find out more about the Family Justice Council’s new guidance on alienating behaviour (previously known as parental alienation) by reading our article.
Our Child-Focused Approach to Allegations of Alienating Behaviour
Whilst we have expertise in situations where there is genuine evidence that there has been a pattern of alienating behaviours (historically known as parental alienation), we are also conscious that there has now been repeated research into the prevalence and circumstances of where these allegations of alienation are made by a parent to exercise coercive or controlling behaviour.
Balancing Allegations of Alienation and Domestic Abuse
We recognise that in order to ensure we can best represent our clients, it is important to understand the contexts in which domestic abuse may have taken place or be alleged to have taken place. We are also conscious that alienating behaviours may be alleged in cases where there are no allegations of domestic abuse, and as a result be treated very differently by a Court. The circumstances in which allegations of alienating behaviour are issues which are case specific, and we recognise that every family and dynamic is different and needs to be explored.
Guidance used by the judiciary in England and Wales suggests that where domestic abuse is found to have taken place, it will be investigated first by the court. In such cases, a child rejecting the perpetrator of the abuse may be an appropriate and justified reaction. It may also result from protective behaviours by a victim towards the children or a traumatic response by a parent. This is a highly complex area of family law. It is nuanced and case specific. Children’s responses cannot and should not be generalised. It is critical to understand why children may not want to see a parent, whether that is reluctance, resistance, or refusal.
Case-Specific Advice for Every Family
We recognise every family is different and involves a different set of relationships and dynamics, with different lived experiences. We provide child-focused advice, informed by our knowledge of situations involving alienating behaviours as well as domestic abuse, to help parents ensure their children are protected, and can maintain relationships if safe for them and in their best interests.
Getting Legal Advice on Alienating Behaviour
If you have concerns over alienating behaviours (historically parental alienation) or that allegations of alienating behaviour are being made, then Goodman Ray Solicitors can provide the expert legal support and the representation you need. We understand the complexities and sensitivities involved in these cases and are committed to ensuring your safety and the best interests of your children.
If you would like advice in relation to alienating behaviour, please get in touch using whatever method is easiest for you. You can use the sur notre site web, Vous pouvez nous envoyer un courriel à l'adresse suivante mail@goodmanray.com or email the solicitor or mediator you would like to work with by using the email address on their profile. Vous pouvez également nous appeler au 020 7608 1227 et vous pourrez parler à quelqu'un qui vous expliquera comment nous pouvons vous aider.
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Questions fréquemment posées sur les comportements aliénants
Goodman Ray Solicitors advise that parental alienation is a term historically used by the public to describe situations where a child appears to be resisting contact with one parent, and that resistance is caused solely by the other parent’s. However, Goodman Ray Solicitors view is that the courts now prefer the term alienating behaviour, which focuses on a pattern of conduct by a parent that may impact the child’s relationship with the other parent. Each case is assessed individually, with the child’s welfare as the primary consideration.
Goodman Ray Solicitors advise that the courts carefully examine the child’s experiences, the history of both parental relationships, and any evidence of domestic abuse. Goodman Ray Solicitors suggest that allegations of alienating behaviour must be specific and supported by evidence. The court’s primary focus is always on the best interests of the child, ensuring decisions are fair, safe, and child-focused.
Goodman Ray Solicitors advise that allegations of alienating behaviour often arise alongside claims of domestic abuse. Goodman Ray Solicitors suggest that courts consider whether a child’s reluctance to spend time with a parent may be a justified protective response rather than evidence of alienating behaviour. It is critical to analyse the full context of the family situation before drawing conclusions.
Goodman Ray Solicitors advise that evidence of a consistent pattern of behaviour is required before the court will find that alienating behaviour has occurred. Goodman Ray Solicitors suggest that this evidence must show that a child’s reluctance to have contact with a parent is not the result of that parent’s actions or any justified protective measures. It is also important to be clear that any allegations of domestic abuse against that parent would also have to be dealt with to understand whether there was alienating behaviour as opposed to a reaction to abuse. Each case is unique, and the evidence must be carefully reviewed.
Goodman Ray Solicitors advise that they provide child-focused legal guidance to ensure that children are protected and that parents’ rights are respected. Goodman Ray Solicitors suggest tailored advice depending on the circumstances, whether allegations are genuine, misused, or arise alongside domestic abuse. Their approach emphasises careful preparation, evidence gathering, and sensitive representation to achieve the best outcomes for families.
