The first nationally representative UK study of its kind, conducted by the University of West London, found that 59.1 per cent of separated or divorced parents surveyed reported experiencing alienating behaviour from a former partner - nearly six in ten1.
What is 'parental alienation'?
'Parental alienation' is a widely recognised phrase often used to describe circumstances where a child becomes hostile towards, rejects or resists spending time with one parent. However, the courts now focus on whether there have been ‘alienating behaviours’ – whether a child is rejecting one parent without any reasonable explanation other than things that a parent does, or fails to do, which cause a child’s reluctance, resistance or refusal to have a relationship with the other parent.
The court will only make a finding of alienating behaviour where it is satisfied that:
- the child is reluctant or refuses to have a relationship with one parent;
- there is no other reasonable explanation for this, such as that parent’s own behaviour or the child’s natural bond with the parent they live with; and
- the other parent’s behaviour has directly or indirectly caused the child’s reluctance or refusal.
A child’s reluctance to spend time with a parent does not, by itself, establish alienating behaviour. There may be genuine reasons for that reluctance, including domestic abuse or other safeguarding concerns. The court will consider all relevant factors.
What can alienating behaviour look like?
Alienating behaviour can range from the overt - such as telling a child that the other parent does not love them, to more subtle, nuanced conduct that may be much harder to recognise, for example:
- becoming cold, withdrawn or disapproving when a child returns home happy after spending time with the other parent, making them feel guilty for having enjoyed themselves; or
- involving the child in adult issues by discussing the break-up, finances or court proceedings in a way that encourages them to blame or take sides against the other parent.
However, this type of conduct will not automatically be treated as alienating behaviour. The court must be satisfied that it caused or contributed to the child’s reluctance or refusal, with no other reasonable explanation.
Alienating behaviour can be a single, extreme incident or a pattern.
How does it affect children?
Children can be highly sensitive to subtle behaviours and absorb cues even where neither parent fully appreciates the impact.
Children exposed to alienating behaviour can suffer significant emotional harm, including anxiety, guilt and divided loyalties, feeling that loving one parent means betraying the other.
This can affect their self-esteem, sense of identity and ability to form trusting relationships, and may lead to the loss of an important relationship with a parent and wider family.
What can be done?
If you are concerned about potential alienating behaviours, the most important thing to do is take steps as soon as possible, before attitudes and patterns of behaviour become entrenched.
Speak to a solicitor
A family solicitor can explain your options, including negotiation, mediation or a court application. Keep a clear, factual record of relevant communications, any missed contact and any changes in your child’s behaviour.
The role of Cafcass
If proceedings become necessary, Cafcass may speak to the parents and, in areas where new child-focussed courts are operating, the child before reporting to the court. It will consider any safeguarding concerns, the child’s wishes and feelings, the reasons for their resistance and the effect of each parent’s behaviour.
What the court can order
The court’s paramount consideration is the child’s welfare. It will apply the statutory welfare checklist, considering factors such as the child’s wishes and feelings, their needs, any risk of harm and the likely effect of changing their circumstances. If in the child's best interests, the court can order gradual, supported or supervised contact and enforce existing arrangements. In serious cases, where the court finds that alienating behaviours are present, it may reconsider where the child lives. A change of living arrangements will not be made lightly.
How Mishcon de Reya can help
Our specialist Family team advises parents on complex and sensitive disputes involving children, including allegations of alienating behaviour, safeguarding concerns and child arrangements. If you want to seek independent and specialist legal advice, please get in touch.