The term “parental alienation” is not defined by statute however, it is an issue that is becoming increasingly common in Family Law proceedings. In family law, the current approach used by legal professionals is to focus on “alienating behaviours” rather than using the term “parental alienation”, and to focus in on the impact those behaviours have on the child or children. When parents separate it is sadly very common to see allegations made by one parent that the other parent has alienated the child from them by psychologically and emotionally manipulating them into rejecting the other parent.
Alienating behaviours can occur in a range of circumstances but are generally exerted by parents who have separated on a hostile basis and their children are then utilised as a tool against the other parent to essentially punish the other parent in retaliation and to gain control.
Signs of parental alienation
If you are concerned your child is being exposed to alienating behaviours by the other parent here are some of the potential, most commonly reported signs to be aware of including but not limited to:-
- A very black and white perception of each parent whereby one is all good and the other parent is all bad
- The child denying any positive memories/experiences with the targeted parent
- Siding with the favoured parent regardless of what they say or do
- Repeating the alienating parent’s words without the child actually understanding them
It is also important to note that this behaviour can be extremely damaging to children and families, so if you believe you are being alienated from your child/children or you have been accused of this by your ex-partner, whatever the circumstances, it is important to act as soon as possible. Our solicitors can guide, support and advise you on how is best to resolve this issue, click here to speak with a family law solicitor today.
What is “alienating behaviour”?
Alienating behaviours can be strategically used whereby a parent deliberately manipulates their child against the other parent which has a significant impact upon the child’s behaviour and attitude, generally causing the child to resist or reject a relationship with the targeted parent, for no justifiable reason. An added complexity is that alienating behaviour can be both intentional and unintentional. Additionally, if a child has experienced or witnessed abusive behaviour by one parent, their rejection of that parent may be considered justified.
Alienation in Domestic Abuse Cases
Recently, the topic of “parental alienation” or “alienating behaviour” has gained traction in many family law cases however, it is important for the term “parental alienation” to be used carefully in cases of involving domestic abuse, but why? Well, often in these cases, in retaliation, a perpetrator of domestic abuse may falsely accuse the other parent of “parental alienation” in order to deter and distract the court’s attention away from the allegations of domestic abuse against them, and to undermine those allegations.
In these types of cases, where the parent alleging domestic abuse by the other parent raises concerns as to whether contact between the perpetrator and their child is safe, there are often counter-allegations of “parental alienation”. In 2018, Women’s Aid conducted research with Queen Mary University of London on domestic abuse and the Family Courts. They found the majority of survivors had either been accused of alienating behaviour or concerned they would be accused, as they tried to negotiate safe child contact for their children.
What can be done if I am experiencing alienating behaviours?
If you feel your child is being manipulated against you by your former partner or if you have been accused of “parental alienation”, the most important step is to prevent the situation becoming more hostile for yourself and your children so it is best to speak with a professional who can offer specialist legal advice on your position and how is best to approach the situation.
Depending on the circumstances of the case, some may require immediate attention, for instance if there is a safeguarding issue. In this instance, an application can be lodged with the court on an urgent basis which can be done by a family law practitioner.
Parents who find themselves being accused of alienating their child, or who feel that they have been alienated and contact with their child has been impacted should seek specialist advice as soon as possible.
How do we help?
Our family law specialists understand the anger and frustration these situations can bring. We strive for the best outcome for you and your children from the moment we start working with you. We offer a 30-minute free initial consultation, so get in touch to speak with a legal professional.
Why choose Birkett and Co Solicitors?
Alienation cases are exceptionally complex and they can have a significant impact upon children and the dynamics of the relationships within the family. Birkett and Co Solicitors have extensive knowledge in this area of law and believe it is important to have a legal professional by your side throughout this process.
Contact us
If you are concerned about your children being impacted by alienating behaviours, speak with a family law solicitor today, our experienced legal team can help guide you throughout this process.