New Guidance on Alienating Behaviours
Previously known as parental alienation, The Court’s and practitioners approach to alienating behaviours has been updated.
Alienating behaviours is a term used to describe a set of behaviours used by one parent towards their child which has the intention and effect of harming the child’s relationship with the other parent. The result of such behaviour may lead to the child being resistant towards or refusing to see or spend time with the other parent.
The new guidance has refuted the assertion that this is a syndrome or something which is capable of a diagnosis, and instead must be a fact found by the Court. Where such a finding is made, it is accepted that this causes significant and enduring harm to a child which can affect their emotional, social and psychological development.
In order for the court to make a finding of alienating behaviours, the following three factors must be proven:
- The child is reluctant, resisting or refusing (RRR) to engage in a relationship with a parent; and
- The RRR is not consequent on the actions of the parent towards the child or the other parent which may therefore be an appropriate justified rejected (AJR) by the child, or is not caused by any other factor such as the child’s alignment, affinity or attachment (AAA); and
- The other parent has engaged in behaviours which 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.
What is an appropriate justified rejection?
An appropriate justified rejection is where a child’s rejection of a parent is an understandable response to that parent’s behaviour towards the child and/or the other parent.
What is Attachment, Affinity and Alignment?
These are reasons why children may favour one parent over another, or reject one parent which are typical emotional responses to parenting experiences and not the result of psychological manipulation by a parent.
Since the new guidance has been introduced, it is accepted and acknowledged that children may have genuine reasons for not wishing to spend time with a parent. Other reasons include domestic abuse, child abuse, protective behaviours and trauma responses.
It is widely accepted that a lot of children can and do come to their own conclusions about what has happened within their family, the reasons for the parents separation and how both parents have acted towards them and each other. Children may often wish to make their own choices as to how they live their lives, who they want to live with and how often they see the other parent. The court will consider the child’s wishes and feelings, however, the weight the Court give these wishes and feelings depends upon the child’s age and level of maturity.
A child’s wishes and feelings could be entirely genuine and may lead to an appropriate justified rejection of one parent over the other solely due to behaviours they have witnessed.
Protective Behaviours
These are behaviours exhibited by a parent towards a child to protect them from exposure to abuse by the other parent, or suffering harm as a consequence of the other parents abuse. This could include limiting contact, or putting conditions in place on contact.
The guidance acknowledges that, in Child Arrangements cases, it is common for one parent to accuse the other of alienating behaviours in response to allegations of domestic abuse. Some have suggested that these accusations of alienation could be another form of control or abuse. However, the new guidance clarifies that allegations of domestic abuse and alienating behaviours should not be treated equally. Specifically, alienating behaviours will not be recognised in cases where domestic abuse has been established, if the child’s justified rejection or protective behaviours are a response to the abuse or the trauma experienced by the victimized parent.
Moreover, the guidance specifies that if one parent makes false allegations of domestic abuse, this alone will not be considered evidence of alienating behaviours. There must be clear evidence that the child has been manipulated into an unjustified reluctance, resistance, or refusal to engage in contact with the alleged abusive parent.
This area of law is highly complex, and allegations should be approached with caution. If you believe this could be a concern in your relationship with your child, we recommend scheduling an appointment with us to discuss your situation and explore the best course of action tailored to your circumstances.
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