by Erin Tschiderer
Parental alienation, as it is commonly known, is one of the more complex and often debated issues in family law. While the term is widely used, it does not have a clear legal definition in England and Wales, which can make it difficult for families to understand how it is treated by the courts.
Broadly speaking, parental alienation can be used to describe situations where a child had a previously good relationship with a parent but becomes resistant to, or rejects, one parent due to the influence or behaviour of the other. However, this is not always straightforward. A child’s reluctance to spend time with a parent may also stem from other factors, including past experiences, high parental conflict, or anger at a parent who has left the family.
For this reason, organisations such as Cafcass (the public body in England set up to promote the welfare of children involved in the family courts) focus less on the label itself (the description of parental alienation is no longer used) and more on what are described as “alienating behaviours” - patterns of conduct that may negatively impact a child’s relationship with the other parent.
Each case is carefully assessed to understand the underlying reasons for a child’s wishes and feelings. The presence of alienating behaviours can be harmful to a child’s emotional welfare.
Ultimately, the courts take a child-focused approach when dealing with alienating behaviours and while they always try to promote a relationship between children and both parents, so long as it is safe to do so; the priority is always the child’s welfare, with decisions based on evidence and the specific circumstances of each case rather than terminology alone. Certain orders can be made to restore the balance between parents in the interests of the child.
If you are experiencing difficulties around child arrangements, obtaining clear and balanced legal advice at an early stage can make a significant difference. Heringtons Solicitors can provide you with the experience and expertise to enable you to navigate this complex area of Family Law.