Parental Alienation and the Law: A Delicate Balance Between Protection and Misuse

Parental alienation is one of the most emotionally charged and complex issues in family law. It describes a situation where one parent, consciously or unconsciously, influences a child to reject the other parent without legitimate justification. While the concept is not new, its legal treatment in the UK has evolved significantly, especially in light of recent guidance from the Family Justice Council (FJC).

A Shifting Legal Landscape

In December 2024, the FJC issued updated guidance on how courts should respond to a child’s unexplained resistance or refusal to spend time with a parent, and to allegations of alienating behaviour. This guidance marks a pivotal shift in how the family courts approach such claims. It emphasises that allegations of domestic abuse must take precedence over claims of parental alienation, particularly in private law disputes where both are raised.

This is a crucial development. For too long, parental alienation has been used—sometimes strategically—as a counter-allegation in cases involving domestic abuse. The new guidance seeks to prevent this misuse by urging courts to scrutinise alienation claims rigorously and to avoid allowing them to overshadow genuine safeguarding concerns.

When Parental Alienation Is Intentional

While some alienating behaviours may arise from unresolved conflict or emotional distress, there are cases where one parent intentionally seeks to remove the other from the child’s life. This can take many forms—subtle manipulation of the child’s emotions, persistent negative messaging, or outright refusal to comply with contact arrangements.

The law recognises that such behaviour can cause serious emotional harm to the child. However, proving intentional alienation is complex. The courts require clear evidence that:

In these cases, the court may take decisive action to protect the child’s welfare and restore the parent-child relationship. This could include enforcement orders, therapeutic support, or even a change of residence in extreme circumstances.

The Legal Definition of Parental Alienation and Challenges

CAFCASS defines alienating behaviour as “an ongoing pattern of negative attitudes and communication about the other parent that has the potential or intention to undermine or even destroy the child’s relationship with their other parent.” However, proving such behaviour is notoriously difficult. The courts must rely on indirect evidence, such as changes in the child’s behaviour, inconsistencies in their expressed wishes, or psychological assessments.

In Re L (A Child) [2019] EWHC 867 (Fam), the court found that a child had been manipulated by his mother and maternal grandmother to reject his father, despite previously enjoying a close relationship. The court made the bold decision to transfer residence to the father, against the advice of the child’s guardian. This case illustrates the court’s willingness to intervene decisively when alienation is clearly established, but also highlights the emotional and legal risks involved.

The Role of Experts and the Court in Parental Alienation Cases

The FJC guidance also redefines the role of psychologists in these cases. While expert input may still be valuable in understanding the impact of alienation, the court, not the psychologist, must determine whether alienation has occurred. This is a welcome clarification, as it reinforces judicial responsibility and helps prevent over-reliance on contested psychological theories, such as “Parental Alienation Syndrome,” which the FJC now explicitly rejects as pseudoscience.

A Call for Balance

The legal system must walk a fine line. On one hand, it must protect children from the emotional harm of being manipulated against a loving parent. On the other, it must guard against the misuse of alienation claims to silence or discredit survivors of abuse. The new guidance is a step in the right direction, but its success will depend on consistent application, judicial training, and a nuanced understanding of family dynamics.

Conclusion

Parental alienation is real, but so is the risk of its misuse. The law must continue to evolve to ensure that children’s best interests remain paramount and that both parents and the courts are held to the highest standards of evidence and integrity. As family structures and societal norms shift, so too must our legal frameworks, ensuring they remain fit for purpose in protecting the most vulnerable.