Parental Alienation: What can be done?

Cases involving parental alienation and implacable hostility or intractable contact disputes – call it what you will – are some of the most difficult to deal with and, sadly, they appear to be more prevalent than ever.

The concept of parental alienation as a “syndrome” is becoming increasingly accepted.  Certainly in the US, it is now formally acknowledged as a psychiatric disorder.

So, what is parental alienation?  Almost every contact dispute that comes before the Court features some degree of alienating behaviour, for example, a parent not encouraging (or sometimes, actively discouraging) a child to spend time with the other parent; saying negative things to a child about the other parent; or questioning the child about their time spent with the other parent. Over time the impact of these negative behaviours builds up and ultimately causes damage to the parent/child relationship – sometimes irreparably.  There is no one answer as to what motivates an alienating parent.  It may be control, anger towards the other parent, or perhaps just the need to lay blame somewhere for the relationship breakdown.  Whichever it is, the result is likely to be tragic.

In the case of Re A (A Child)[2015] EWCA Civ 910, the first instance Judge had described the father as a “caring man, who has a good relationship with his own family and who does not present a risk to the child”.  No adverse finding had been made against the father at any point in the proceedings.  Nevertheless, the child – an 11 year old boy – was consistently refusing contact.  The case went to the Court of Appeal where McFarlane LJ (in upholding the decision of the first instance Judge) said “that this should be the outcome of this case is, in my view, a tragedy.  It is certainly a tragedy for the father but, more importantly, it is a tragedy for this young man, who had a warm, easy and close relationship with his father when he was much younger before their separation took place”.

So, what can be done by legal practitioners and the family justice system in such cases?  The professionals involved in these cases go to great lengths to determine the “wishes and feelings of the child” but sometimes what a child really wants or feels is disguised by a fear on the part of the child to please one parent (the alienating parent).  It can be impossible to discern what is really going on where a child is being actively alienated by one parent from the other.

Experience tells us that these sorts of cases require robust judicial case management and, crucially, no delay.  Judicial continuity is very important, as is having a Judge prepared to take enforcement action when Orders are breached.  Usually a psychiatrist and/or psychologist and/or therapist will need to be involved.  Fortunately, there is increasing awareness of therapeutic options and increasing awareness of the benefits of having experts involved at an early stage.

If we as practitioners do not act fast and encourage the Courts to take the correct approach, the impact on the alienated child is likely to be lifelong.

If you have any queries about this article please contact jonesnickolds on 0203 405 2300 or contact@jonesnickolds.co.uk