The Family Justice Council has published new guidance addressing situations where a child resists or refuses contact with a parent. This guidance also explores allegations of ‘parental alienation’—an area that continues to provoke significant debate in family law. While the guidance provides much-needed clarity, it also highlights the importance of an intricate, evidence-based approach to these complex cases.
As an experience family lawyer, I have witnessed first-hand how challenging these situations can be, particularly when terms like “parental alienation” are applied without proper investigation.
Understanding the Guidance
The Family Justice Council’s guidance emphasises the need to approach these cases holistically. It acknowledges that while alienating behaviours can occur, not every instance of a child’s resistance to contact stems from manipulation by one parent. Instead, there are often deeper issues at play. These issues require careful investigation to ensure the child’s welfare remains the priority.
This aligns with concerns my colleague Jane Chanot raised in a recent New Law Journal article. Jane highlighted how the term “parental alienation” is frequently misused, sometimes becoming a default explanation for contact difficulties. Such labelling risks oversimplifying the situation and can even obscure more serious safeguarding issues.
The danger of mislabelling
Parental alienation is a serious matter, but it must be distinguished from cases where a child’s reluctance to see a parent stems from legitimate concerns. For example, a child may resist contact due to past trauma, an uncomfortable family dynamic, or the effect of the conflict between parents.
Unfortunately, when the term “alienation” is applied too hastily, it can create a narrative that is difficult to shift. The accused parent often faces an uphill battle to prove their case, and the focus can move away from the child’s needs to a blame-centred approach.
Key takeaways from the guidance
The Family Justice Council’s guidance sets out that there must be early and robust case management of Alienating Behaviours allegations and it reinforces the need for:
- Careful analysis of the information provided to the Court.
- Professionals must resist the temptation to jump to conclusions. A child’s reluctance to engage with a parent should prompt careful investigation, not immediate assumptions.
- Listening to the child and understanding their perspective is critical. Their views must be considered within the context of the broader family dynamic.
- Legal professionals must be cautious in applying labels like “parental alienation” without robust evidence.
Children law and child contact should be a balanced approach
As family lawyers, we must approach these cases with sensitivity, ensuring that our focus remains on the child’s welfare. While maintaining relationships with both parents is generally in a child’s best interests, it is not always safe or appropriate. Emotional harm can be as damaging as physical harm, and safeguarding must be prioritised.
The Family Justice Council’s guidance is a timely reminder of the importance of a measured, evidence-based approach to contact disputes. Labels like parental alienation can be helpful when applied correctly, but they must not overshadow the intricacies of each family’s unique situation.
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