In family court disputes in England and Wales, new guidance from the Family Justice Council advises giving greater weight to domestic abuse allegations than to claims of “parental alienation”.
The recommendation aims to address common disputes arising in private law cases, where parents argue over child custody and visitation after separation.
The advisory council’s report criticises “parental alienation syndrome” as a “harmful pseudoscience” that lacks research evidence and has been condemned internationally. While acknowledging that alienating behaviours can occasionally harm a child’s relationship with a parent, the report states such instances are “relatively rare”.
Research indicates that more than half of private law cases involving children include domestic abuse allegations. While the prevalence of parental alienation claims is unclear, judges report an increasing number of such cases in their courtrooms.
The guidance emphasises that allegations of domestic abuse and claims of parental alienation are not equivalent. It highlights a pattern where the parent accused of abuse counters by alleging manipulation by the other parent, leading to prolonged legal battles that harm children and parents alike. Commenting on the guidance, Sital Fontenelle, Head of Family Law at Kingsley Napley, said:
“This guidance from the Family Justice Council is both important and welcome; parental alienation is a concept that is becoming increasingly relevant in children cases. Determining why a child refuses to see a parent can be very complex, as it may stem from manipulation by one parent or a reaction to being a victim of domestic abuse, or indeed both. It can often take a lot of court time to grapple with these challenging issues.
Anything that helps bring consistency of approach and provides guidelines is therefore helpful — for the courts, for family lawyers and even for mediators as they look for family focused solutions. The courts have for some time been moving away from labelling this as a syndrome, and I agree that it is more useful to look at behaviours and practical outcomes that will help the children at the centre of disputes.
Research shows it is important for a child to have a healthy relationship with both parents. Those of us involved in the world of divorce and family separation should be committed to supporting that where possible.”
The Family Justice Council states it is inappropriate for experts to determine whether parental alienation has occurred. Instead, courts must decide, supported by psychologists who may advise on managing the situation. Rejection of a parent by a child must be scrutinized to assess whether it is justified by the parent’s behaviour and supported by evidence of manipulation.
The guidance has been praised by lawyers and charities. Lucy Reed KC, founder of the Transparency Project, said it would deter the misuse of alienation claims to silence domestic abuse survivors. Sophie Francis-Cansfield, Head of Policy at Women’s Aid, said:
“Allegations of alienation are used in the family courts to rebut, obscure, and distract from allegations of domestic abuse, with survivors being accused of ‘alienating’ when they raise concerns over the safety of contact between a perpetrator and a child, or when a child has concerns or fear about attending contact. The wishes, and safety, of children are often overlooked family court proceedings, despite the fact that those who have been in a domestic abuse setting are considered survivors in their own right under the Domestic Abuse Act (2021). Women’s Aid is pleased to see that in guidance published today, The Family Justice Council (FJC) have outlined that a child’s resistance or refusal to attend contact is not proof of alienation, and we welcome that the guidance notes reason, including domestic abuse, for why children might choose to avoid contact.
While the guidance from the FJC allows for increased agency of children who have experienced abuse and may not wish to have contact with the perpetrator, it has missed an opportunity to provide more information on the dynamics of these situations and the risks that both adults and children surviving domestic abuse face. An improved understanding of the context in which domestic abuse exists, would allow for better recognition of abuse allegations and ensure appropriate responses, centring the welfare of children in these proceedings.
While the guidance is a positive step in the right direction, we are concerned that it is not sufficiently child-centred, and that the wishes of children will continue to be overlooked in family court proceedings. It is also concerning that the guidance makes no reference to child sexual abuse.”
