Parental Alienation

Parental alienation cases are some of the most difficult for family solicitors to deal with. The consequences of such cases are far-reaching for both the child and parents involved and require a careful approach from an experienced legal team.

Parental alienation is defined as the situation where a child’s hostility towards one parent is not justified and is as a result of the psychological manipulation by the other parent. This manipulation can be deliberate and conscious, or unintended. 

Cases coming before the courts involve both mothers and fathers alienating their children. 

In those cases, involving true alienation, the child may refuse to spend time with their other parent and often with that parent’s wider family as well. The refusal will appear to be extreme and not based on ascertainable reasons. 

If one parent believes there has been parental alienation of their child then the situation needs to be brought before a court quickly, as if not the child’s views are likely to become fixed and the chance of re-establishing a relationship with the alienated parent will diminish over time. 

Cases brought to court where a parent suspects parental alienation is present should be listed for a Fact-Finding hearing as soon as possible. This hearing will determine whether parental alienation is present after the court has heard all the relevant evidence. Only after the factual context is clear can a welfare report from a social worker be properly undertaken. 

One of the factors that a social worker advising the court needs to consider when preparing a welfare report is the ascertainable wishes and feelings of the child, considered in the light of his/her age, and their understanding. In parental alienation cases this can be difficult as it is not going to help to report what the child is saying, without enquiring in more depth about the reasons for the child stating that they do not want to see the other parent. 

What happens if the court determines that the child should see their other parent, and that child remains resistant or simply refuses to comply with the order. The practical plans that are put in place will likely determine whether the order of the court can be successfully implemented. 

There are cases in which an older child, after his principal home was transferred from his mother to his father, simply kept running away. There are examples where the child has become so extremely distressed at the attempted handover,  that it could not proceed. 

There is a limit to what the court can do when the alienation becomes entrenched. Sometimes the transition from one home to the other can be managed by professionals who have been involved in the case, such as the child psychologist or social worker, and this will all require detailed planning. 

It is widely accepted that children who have been subjected to parental alienation can develop emotional and psychological problems lasting into their adulthood. It is important for children to be able to enjoy healthy relationships with both their parents. Sadly, despite the best efforts of the court and other professionals involved, this is not always possible.