In December 2024, the Family Justice Council (FJC) published guidance for all who are involved in the Family Court on responding to allegations of alienating behaviour.
Table of contents
1. Why was the guidance published?
‘Guidance on responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour‘ followed a consultation process conducted by the FJC in 2023 on the invitation of the President of the Family Court, Sir Andrew McFarlane.
In the foreword to the guidance, Sir Andrew said: “The issue of parental alienation/alienating behaviours is a polarising one which has taken up much court time and public debate. The guidance note reflects the complexity and challenges of this area of family law. It has been long awaited.”
2. What is alienating behaviour?
When a relationship breaks down, one parent might say that their child doesn’t want to spend time with the other parent. This can lead to allegations that there has been parental alienation.
Alienating behaviour is defined by the FJC as “psychologically manipulative behaviours, intended or otherwise, by a parent towards a child which have result in the child’s reluctance, resistance or refusal to spend time with the other parent”.
3. What does the guidance provide?
The guidance begins by stating that “parental alienation syndrome” has no evidential basis and is no more than “pseudo-science”.
For the court to find that there has been alienating behaviour, the following core elements must be satisfied:
- The child involved is showing a “reluctance, resistance or refusal” (RRR) to spend time with one parent (P1).
- RRR is not because of the actions of P1 towards the child or to the other parent (P2) or because of the child’s alignment, affinity or attachment to P2.
- P2 has engaged in behaviours that have impacted on the child, leading to the child’s RRR to engage in a relationship with P1.
The guidance provides a helpful flowchart through the process which the court needs to go through in order to explore the cause of the RRR.
It makes it clear that, in line with long-held principles of evidence, the burden of proving the issue is on the parent making the allegation (“whoever asserts must prove”).
4. Expert witnesses
The guidance states that expert witnesses should be used to assess family relationships and recommend interventions to assist a family with reversing the effects of alienating behaviour on a child.
Practitioners and experts who are advising on cases where parental alienation may be an issue must ensure that they have read and have followed the guidance.
Nick Deal.