Parental Alienation & Domestic Abuse

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When dealing with proceedings regarding the arrangements for children, allegations of Parental Alienation are sometimes raised when a child rejects a parent for perfectly justifiable reasons.

Parental Alienation has become a hot topic in recent years. When relied upon and accepted by the court, it has tragically resulted in children being removed from their primary carer and placed with the other parent with serious restrictions on future contact.

Worryingly, allegations of parental alienation often arise when domestic abuse has been a feature in the case.  Domestic abuse comes in many forms and is not limited to physical violence. It includes physical abuse, controlling and coercive behaviour, sexual abuse and verbal abuse.

Perpetrators of abuse have sometimes made allegations of parental alienation as a distraction technique, offering this as an explanation for the children rejecting them. This has long been questioned by victims and advocates alike, and it is now reassuring to see that this is being addressed at a higher level.

The FJC Guidance on Parental Alienation.

The Family Justice Council (FJC) has published comprehensive guidance for the judiciary and practitioners on responding to a child’s unexplained reluctance, resistance, or refusal to spend time with a parent and allegations of alienating behaviour.

This means that there will be a more robust assessment of both allegations of abuse and alienation with a proper examination of them through a finding of fact exploration.

The FJC guidance, which followed an extensive consultation, dispels myths about parental alienation syndrome, reaffirms fact-finding relating both to allegations of alienating behaviour or domestic abuse as a judicial function, and emphasises the importance of considering domestic abuse allegations alongside alienation claims.

The guidance aims to centralise the child’s voice and improve consistency in court approaches to this thorny issue.

The President of the Family Division, Sir Andrew McFarlane, has endorsed the guidance, urging all family justice professionals to review it carefully.

If you are concerned about parental alienation or domestic abuse, it is important to address this head-on to ensure that this is properly dealt with and determined in the proceedings, as findings of either alienation or abuse can have a significant impact on the outcome of the case and will be relevant when finalising the arrangements for where they will live or the time they spend with the other parent.

The phenomenon of “alienating behaviour,” where it is alleged that one parent has either created or exacerbated a rift between a child and the other parent, needs to be scrutinised very carefully by a properly qualified professional who will be able to strategically advise you on how to deal with this.

Alienating behaviours should not be confused with Appropriate Justified Rejection (AJR) or Attachment Affinity Alignment (AAA).

What is Alienating Behaviour?

Alienating behaviour refers to actions by a parent or caregiver that significantly affect a child’s relationship with the other parent. This can manifest in various ways, including badmouthing the other parent, limiting contact, or instilling feelings of fear or distrust toward them.

Such behaviours can lead to the child rejecting or resisting contact with the alienated parent, often resulting in significant emotional distress for the child and the targeted parent.

What is Appropriate Justified Rejection or Attachment Affinity and Alignment?

Appropriate justified rejection and attachment affinity and alignment can both be mistaken for parental alienation.

The guidance identifies that the court should remain mindful that a child might withdraw from a relationship with a parent for a variety of reasons. The child’s response may be an appropriate, justified rejection, not alienation.

It may be an appropriate and justified rejection because of harmful parenting, including neglect or exposure to abuse [of themselves or their other parent].

The reason for the rejection should always be looked at with an open mind.

Children can and do draw their own conclusions about what has happened in their families and how this affects their attitude toward living with or spending time with one of their parents.

The report shows that children may wish to make choices or exert an influence over how they live their lives. This should not be confused with or presented as alienating behaviours.

Their actions may arise from alignment or affinity with one parent. They may not have strong negative feelings for the other parent but prefer spending time with one parent.

Alignment may arise from the child’s experience of the other parent’s level of involvement within their lives, poor parenting, developmentally inappropriate expectations of a parent or merely different parenting styles.

The report shows that the child’s behaviour and feelings may be an attachment strategy, their way of eliciting care from the parent they live with or protecting that relationship.

The Importance of the Guidance

The Family Justice Council’s document outlines essential considerations for all parties involved in family law proceedings where allegations of alienating behaviour are raised. This guidance aims to improve the understanding and management of these allegations, ensuring that decisions made in family court are fair, balanced and in the child’s best interests following a proper evaluation of the facts.

How Nelsons can help

Melanie Bridgen is a Partner in our Family Law team.

At Nelsons, we have a dedicated team of experts who can give specialist advice and representation. If you need advice on any related matters, please contact Melanie or another member of the team in DerbyNottingham or Leicester on 0800 024 1976 or via our online form.

Melanie or the team will be happy to discuss your circumstances in more detail and give you more information about the services that our family law team can provide along with details of our hourly rates and fixed fee services.

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