Parental Alienation v Domestic Abuse: The Family Courts’ Latest Balancing Act

Parental Alienation is defined as a child’s unjustified resistance or hostility towards one parent, due to psychological manipulation by the other parent. It involves an ongoing pattern of negative attitudes and communication aimed at undermining the child’s relationship with the targeted parent. This can include false beliefs, withholding positive information, or fostering a belief that the parent is dangerous or unworthy.

What is the issue?

In recent years, the claim of parental alienation has become increasingly used throughout the Family Courts, particularly in contact disputes that involve domestic abuse cases.

There are of course legitimate parental alienation claims that need to be brought before the Courts. The concern, however, is that claims of parental alienation are being used as a weapon against domestic abuse allegations and an attempt to deter the focus back onto the parent that has made the domestic abuse allegations. This concern has potentially dangerous consequences. It poses a risk that legitimate domestic abuse allegations can be overshadowed by false claims of parental alienation, leaving the non-abusive parent and child unprotected.

How are the Courts Balancing the Claims?

This is an important balancing act that the Family Courts must get right. They must ensure that there is a balance between protecting the child from a perpetrator of domestic abuse and protecting the child from a parent that is demonstrating alienating behaviours.

The Family Justice Council’s clarity and guidance in 2024 was therefore a welcomed addition. The guidance informs Courts and professionals on how to deal with allegations of parental alienation, and what needs to be considered when reaching a decision. Importantly, the Family Justice Council confirmed that claims of parental alienation and claims of domestic abuse are not equal.

The guidance went on to state that where there have been findings of domestic abuse, that have impacted on the child’s appropriate justified rejection and the other parent’s protective behaviours, claims of parental alienation will not be found.

The Family Justice Council importantly recognised however, that parental alienation does not have any evidential basis and therefore has the potential of being exploited in family litigation. Consequently, in order to prove that alienating behaviours have occurred, the following needs to be established:

1. the child is reluctant, resisting or refusing to engage in a relationship with a parent or carer;
2. the reluctance, resistance or refusal is not as a result of the actions of that parent towards the child or the other parent (which may be an appropriate justified rejection by the child), or is not caused by any other factor such as the child’s alignment, affinity or attachment; and
3. the other parent has engaged in behaviours that have directly or indirectly impacted on the child, leading to the child’s reluctance, resistance or refusal to engage in a relationship with that parent.

This guidance will allow Family Courts and other professionals to effectively protect the child and the victim parent in domestic abuse cases, where unfounded parental alienation claims have been made.

By providing this much needed guidance, the Family Justice Council has realigned the focus to be on the allegations of domestic abuse and de-weaponised parental alienation.

How can Redkite help you?

If you or a loved one require help or guidance on any family law matters, please contact our family team here at Redkite Solicitors.

Our friendly team of experts in our family department are here to help and support you at every step of the way.