Parental Alienation: A tool for abusers?

A recent BBC report has revealed the increase in Parental Alienation claims that are being made during Children Proceedings in the Family Court. Specifically, the report has recognised that these claims are often made by fathers in response to allegations of abuse against them. This has resulted in devastating consequences for both the victims of abuse and the children who are subject to court proceedings.

Parental Alienation is a disputed concept that has been used increasingly frequently within the family courts over recent years. It is important to note that there is currently no single definition for Parental Alienation.

England's Children and Family Court Advisory and Support Service (Cafcass) instead choose to refer to the idea as ‘alienating behaviours,’ and state that such behaviours may be present in cases when a child’s resistance or hostility towards one parent is not justified and is the result of psychological manipulation by the other parent.

There are genuine cases in which a parent seeks to negatively influence a child against the other parent, through use of ‘alienating behaviours.’ In such instances, it is important to seek legal advice and take appropriate steps to address the issue as quickly as possible.

However, the BBC has found that the use of the phrase ‘Parental Alienation’ is a ‘handy tool for abusers’ in court. Abusers often use the term to deflect from their own abusive behaviour – adding uncertainty into the case about why a child may be resisting contact.

Abusers allege that the other parent has ‘turned the child against them’ – ignoring the fact that this may be a reaction to their own dangerous behaviours. This adds a number of complexities to an already challenging time for families going through the Family Court process.

The BBC has found that such cases have led to serious health implications for abuse victims – including miscarriages, heart attacks and suicidal thoughts. Where the courts take Parental Alienation claims seriously, children have often been allowed to spend time with the abusers, whilst the alleged ‘alienating’ parent is subjected to difficult, critical, and intense questioning about their parenting.

Cases with allegations of abuse can sometimes take years to resolve – and once the added counter claims of Parental Alienation are made, the process becomes even more challenging. This is simply too much for abuse victims to manage, and the impact of this pressure on their lives, and consequently their children’s lives, is evident throughout the BBC’s report.

The Domestic Abuse Commissioner for England and Wales, Nicole Jacobs, does not believe that the courts should consider claims of domestic violence and Parental Alienation simultaneously, stating that this is an "unsafe approach" which can put abuse victims and children at risk.

Dr Dalgarno, the lead researcher for the BBC investigation, agrees with this, and believes that emergency measures should be put in place to tackle the use of Parental Alienation claims in court.

Family Law Barrister Lucy Reed KC has stated that the courts need to be careful how they approach the use of “complicated psychological jargon” in courts. There is limited research and evidence regarding Parental Alienation and such claims can distract from the allegations of abuse being raised. Instead, there needs to be serious consideration in relation to the allegations of domestic abuse, and a starting point from the courts that, “if there is domestic abuse, that could explain why the child rejects contact."

The BBC reports that since the investigation has completed, they have learned the government is carrying out their own investigations into whether further action is needed in relation to the growing claims of Parental Alienation. There are also new draft guidelines for consultation on handling Parental Alienation claims in domestic abuse cases. However, some experts have already stated that these do not go far enough to address the issue.

Until there is a clear definition for Parental Alienation, definitive guidance as to what constitutes ‘alienating behaviours,’ and direction as to how these claims should be addressed during proceedings, there is strong potential for the term ‘Parental Alienation’ to be exploited by abusers. The government and the Family Court need to continue to find resolutions to ensure that abuse victims and children are protected throughout proceedings.

If you require any advice or assistance, please call our Family Law team today on 0113 227 9285.