What is Parental Alienation? And How Can This Be Handled with Family Law?

Parental Alienation is a term used to describe a situation in which one parent attempts to turn a child’s emotions against the other parent. This is done by intentionally aiming unjustified negativity at the other parent so as to damage the child’s relationship with them.

This can happen during divorce where the child becomes excessively hostile and rejecting of one parent. However, it can also happen within families that are still intact. 

Transgenerational dynamics can have a bearing on these matter’s which is a factor to be aware of when handling such cases in court.

If children are being abused or neglected, then this would not be classified as parental alienation. Parental Alienation can only be applied if the alienated parent is not abusing or neglecting the child and there is no justifiable reason for the level of hatred that is often seen in these cases.

What can be done?

In the UK, family law is designed to protect the rights of each parent and the best interests of the child and is based on the principle that both parents have a responsibility to care for their children.

This means that both parents have a right to be involved in their children’s lives and to have access to them. The law also recognises that it is usually beneficial to the child for both parents to be involved in their upbringing.

So when one parent attempts to alienate the other parent from the child, it can have a damaging effect on the child’s emotional wellbeing. 

The child may feel confused, scared, and angry. They may also feel guilty for not wanting to spend time with the other parent which can lead to long-term psychological damage.

In the past, parental alienation was seen as just one of the adverse side effects of a dissolving relationship. However, the Children and Family Court Advisory and Support Service (CAFCASS) in the UK started a pilot scheme to preventseparated parents poisoning their child in this way. They may have their child taken away from them or contact may be denied. 

In the UK, family law recognises that parental alienation is a form of psychological abuse and can be grounds for the court to intervene. The court can make orders to protect the child and the other parent from further alienation.

These orders can be for:

• supervised contact.

• ensuring the alienating parent does not interfere with the other parent’s relationship with the child, such as making negative comments about the other parent.

• the alienating parent not to disrupt the other parent’s access to the child, which can happen when they make it difficult for the other parent to spend time with the child.

• the alienating parent not to interfere with the other parent’s involvement in the child’s life. This occurs when the other parent is prevented from attending school events or from making decisions about the child’s education or medical care.

• ensuring the other parent’s financial support of the child is not interfered with by the alienating parent. They may be preventing the payment of child maintenance or not allowing the other parent to have a say about the child’s finances.

In addition to this, quite often a therapeutic approach can be very successful in changing this dynamic. The alienating parent can be ordered to attend counselling or parenting classes which can be for the long term benefit of all involved