Most people have heard the term parental alienation syndrome however, that is the wrong terminology as it is often framed as a condition or syndrome and it is now recognised that ‘parental alienation syndrome’ has no evidential basis and the concepts of ‘parental alienation syndrome’ and ‘parental alienation’ are exploited within family litigation.
What is acknowledged is that that where the court has made findings of alienating behaviours, the harm caused to a child as a result of those alienating behaviours can be significant and enduring, akin to other forms of emotional/psychological child abuse.
What are alienating behaviours?
The Family Justice Council issued guidance in December 2024 and defined alienating behaviours as “psychologically manipulative behaviours, intended or otherwise, by a parent towards a child which have resulted in the child’s reluctance, resistance or refusal to spend time with the other parent.”
Cafcass also uses the term to “describe how one parent or carer undertakes and / or expresses an ongoing pattern of negative attitudes and communication about the other parent or carer that have the potential or intention to undermine, manipulate or even destroy a child’s relationship with their other parent or carer. alienating behaviours range in intensity, duration and their impact on children.”
What is clear is that it is the behaviours of a parent which have caused a child to have an unexplained reluctance, resistance or refusal to spend time with the other parent.
What is required to establish alienating behaviours
There are three elements that are required to be established and all three must be present. If one part is missing then it cannot be concluded that alienating behaviours have occurred.
- The child is reluctant, resisting or refusing to engage in, a relationship with a parent or carer; and
- The reluctance, resistance of refusal is not consequent on the actions of that parent towards the child or the other parent, which may therefore be an appropriate justified rejection by the child or is not caused by any other factor such as the child’s alignment, affinity or attachment; and
- The other parent has engaged in behaviours that 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.
FJC guidance – glossary of terms
Reluctance, resistance or refusal (also known as the three Rs or RRR) - “behaviours by a child concerning their relationship with, or spending time with, a parent, which may have a variety of potential causes.”
Appropriate justified rejection (AJR) – “situation where a child’s rejection is an understandable response to that parent’s behaviour towards the child and/or the other parent.
Attachment, affinity and alignment (AAA) – “reasons why children may favour one parent over another, or reject a parent, which are typical emotional responses to parenting experiences and not the result of psychological manipulation by a parent.”
Protective behaviours (PB) – “behaviours by a parent towards a child in order to protect the child from exposure to abuse by the other parent, or from suffering harm (or greater harm) as a consequence of the other parent’s abuse.
Appropriate justified rejection (AJR)
A common AJR is when that parent is a perpetrator of domestic abuse and the other parent and/or children are victims. Domestic abuse is defined in the Domestic Abuse Act 2021 as
(2) Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if—
(a) A and B are each aged 16 or over and are personally connected to each other, and
(b) the behaviour is abusive.
(3) Behaviour is “abusive” if it consists of any of the following—
(a) physical or sexual abuse;
(b) violent or threatening behaviour;
(c) controlling or coercive behaviour;
(d) economic abuse (see subsection (4));
(e) psychological, emotional or other abuse;
and it does not matter whether the behaviour consists of a single incident or a course of conduct.
The Act also confirms that any child who sees or hears, or experiences the effects of, the abuse, and is related to A or B, is also a victim of domestic abuse.
Unproved or false allegations of domestic abuse will not automatically constitute alienating behaviours and it will need to be evidenced that the child has been manipulated into an unjustified reluctance, resistance or refusal.
Powers of the Court
Allegations of alienating behaviours are often raised in private law child arrangements disputes, although it is rare that a Court will make findings. The Court should carefully examine the allegations and consider whether it is necessary and proportionate to list a Finding of Fact Hearing to determine the allegations.
It has been made clear that it is for the Court alone to determine the factual matrix and whether an allegation of alienating behaviours is proven. It is not for the experts to decide that there have been Alienating Behaviours.
The Court will consider whether it is necessary to join the child as a party to the proceedings, what evidence is required such as witness statements and independent evidence and what directions need to be made.
If findings of alienating behaviour have been made the Court will then need to consider whether further evidence is needed in order to conduct a welfare analysis of what is in the child’s best interests. The Court may determine whether it is necessary to instruct an appropriately qualified and registered psychologist to undertake an assessment to gain an understanding as to the parent’s capacity to change such behaviour, with or without support.
If a Court makes such findings, it is also likely to find that a child has suffered significant emotional and/or psychological harm and court may order a Local Authority to complete a report known as a section 37 report. This is a report whereby the local authority investigate and considers if a Care Order or Supervision order is necessary. A Judge could also make an Interim Care Order. A Care Order or Interim Care Order allows the Local Authority to share Parental Responsibility for the child. This may also lead to the Local Authority bring care proceedings and consider the appropriate placement for the child.
How our family law team can support you
At Stephensons, our team has extensive experience within family proceedings and are here to help you navigate the complexities of these matters. Contact us today on 0161 696 6193 to see how we can support you through this important process.
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