What Are Alienating Behaviours?
Three elements need to be established for a court to be satisfied that there has been Alienating Behaviours.
- The child is reluctant, resisting, or refusing to engage in a relationship with a parent or carer; and
- The reluctance, resistance, or 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 the child, leading to the child’s reluctance, resistance, or refusal to engage in a relationship with that parent.
Alienating Behaviours range in intensity and their impact on children. Such behaviours must be evidenced as with any other acts of abuse, and the court must consider both the behaviour and the impact in the context of the unique experience and attributes of the child.
A child’s reluctance, resistance, or refusal to spend time with the other parent is not evidence of Alienating Behaviours simply because no other explanation can be found.
All potential causal factors and explanations, such as domestic abuse or child abuse, protective behaviour, or traumatic responses, must be considered first when looking at the link between a child’s reluctance and the behaviour of a parent. Simply because a parent fails to establish allegations of domestic abuse does not automatically mean that the parent is engaged in alienating behaviours.
What Happens Next
If findings of fact (whether of domestic abuse or Alienating Behaviour) are made, the court will need to consider whether further or other evidence is needed for the court to conduct a proper welfare evaluation.
Just as with findings of other safeguarding risks, the fact that a child’s relationship with one parent has been disrupted by the behaviours of the other parent is a factor to be weighed in the balance in determining the child’s overall welfare.
Where findings of Alienating Behaviour have been made, understanding the parent’s capacity to change such behaviour, with or without support, may require the assistance of an appropriately qualified and registered psychologist expert.
The court must consider the type of expert evidence required, always remembering that ‘parental alienation’ is not a syndrome capable of being diagnosed. The use of an expert at this stage would be to help the court decide on welfare outcomes.
Child Welfare – The Paramount Consideration
A child’s participation in decision-making about them and considering their ascertainable wishes and feelings when making decisions is important.
Allegations of Alienating Behaviours can impact how the wishes and feelings a child expresses are viewed. Children in this context can experience professionals as dismissive of their reported experiences and views. This can undermine efforts to promote their well-being and their trust in professionals.
The welfare of the child remains paramount.
It is also important to recognise that a child/young person may not agree with or be happy with the outcome of proceedings and may react negatively or resist. They may require thoughtful support in coming to understand the rationale behind such decisions. The way in which this is communicated can impact their wellbeing and their relationships, particularly if there is an implication that they have not been believed or they experience their wishes as ignored.
For some children, time and appropriate support can be effective in reversing the harm consequent on Alienating Behaviours. In some cases, children will have been alienated from the parent’s wider family, and reparative work may help to re-establish those safe relationships. The court must remain mindful of the child’s timetable and the need to manage the court process. Where interventions are found to be outside the child’s timetable, the court should avoid delay in making difficult final decisions.
At Howell Jones, we have a Surrey Family Law team that can help. Contact our Surrey solicitors on 01932 234 500 to receive expert advice.
