Parental alienation occurs when one parent is repeatedly negative about the other parent with the aim of damaging the child’s relationship with that person. According to Cafcass1, parental alienation is characterised by resistance or hostility by a child towards one parent that is not justified and is the result of psychological manipulation by the other parent. Parental alienation can take many forms, including withholding contact and blaming, ‘badmouthing’, making up false stories regarding the other parent, and encouraging disrespect by the child towards the other parent.
How can parental alienation be proven in the UK?
Proving that parental alienation has occurred can be extremely challenging in the UK due to the nature of such cases and the complexities of the law. To prove parental alienation typically involves:
- Gathering evidence
- Engaging Cafcass
- Requesting a fact-finding hearing
- Seeking expert assessments
Gathering evidence
Evidence of parental alienation can take many forms, including:
- A diary or journal of what has happened, what was said and the dates of each occurrence. This will help the courts to establish whether there has been a pattern of parental alienation over a period of time as opposed to a one-off occurrence
- Correspondence containing evidence of alienating behaviour or the denial of visitation
- Social media posts of alienating behaviour
- Videos showing the parent displaying negative attitudes towards the other parent
- School records describing the behaviour of the child
- Medical records (e.g. if there have been incidents of self-harm, depression, or anxiety which correlate with parental alienation) and
- Legal documents setting out parental arrangements and any breaches of those arrangements
Involve Cafcass
Cafcass is a government agency that provides advice to the family courts regarding the welfare of children. If it is deemed necessary by the courts, a Cafcass Family Court Adviser (FCA) (a social worker) will visit the family to build up a detailed picture of the child’s welfare and best interests. In particular, they will look for parental behaviours that have the potential to damage the child’s sense of self-identity and self-worth and their connection with parents and others who are important to them.
Request a fact-finding hearing
During a fact-finding hearing, a family court judge will review any allegations of parental alienation with the aim of confirming if the alleged actions are true and took place. If the conclusion of the finding hearing is that parental alienation has occurred, then the court will make further arrangements to hear the matter in more detail.
Seek expert assessments
In some cases, it may be necessary to request an expert assessment from a specialist with the requisite skills, background, and knowledge, such as a family/child psychologist. The court may request an independent expert court report before making a decision, and this will be taken into consideration along with a Cafcass report.
Is parental alienation a crime in the UK?
Parental alienation is not a crime in England and Wales, however, this does not mean that action cannot be taken to resolve the matter. While it is not a criminal offence, a parent on the receiving end of parental alienation may be able to bring a claim against the offending parent for damages.
In legal cases involving alleged parental alienation, judges always prioritise the welfare of the child. They typically view parental alienation as harmful to the child’s emotional and psychological well-being if there is clear evidence showing parental alienation is occurring.
Unfortunately, sometimes, incidents of false allegations of parental alienation are made, and the courts are alert to this fact. If you are a victim of false allegations of parental alienation, it is important to tell the court that this is the case and instruct the assistance of a family law solicitor.
If you suspect your partner is engaging in parental alienation, it is essential to intervene early, including instructing a family law Solicitor. Our family law solicitors will urgently review your case and recommend the best course of action to protect your relationship with your child. This may include making a court application under the Children Act 1989.
Legal consequences of parental alienation
Parental alienation can lead to legal consequences, including:
- A child arrangement order setting out who the child should spend time with, where, and when
- Vary an existing child arrangement order to remove visitation rights, change custody arrangements or even where the child lives
- Claiming financial compensation – this is more likely in extreme cases of parental alienation that has had serious adverse consequences and has occurred over a protracted period of time.
Ultimately, each case of parental alienation is dealt with on a case-by-case basis, with the interests of the child being the primary focus at all times. In addition to taking action against the perpetrator of the parental alienation, the court may order specialist therapy for the child and warn them of further action that may be taken if they persist with their harmful and damaging behaviour.
Reference: 1 CAFCASS: Alienating behaviours