Professionals must formally refer to the allegations as ‘alienating behaviours’ until ‘alienation’ is proven.

What are 'Alienating Behaviours'?

Alienating behaviours are typically where one parent or carer expresses an ongoing pattern of negative attitudes and communication about the other parent or carer that have the potential or intention to undermine or destroy the child’s relationship with their other parent or carer.

‘Alienation’ is a complex topic which brings challenges in Family Law matters. The guidance was desired by practitioners to ensure greater consistency of the approach across the Courts in cases where allegations of alienation are made to improve outcomes for children and protect them and victims from abusive Court Proceedings.

This guidance is a step towards improving the way courts handle complex issues surrounding child care disputes particularly when children exhibit a reluctance to spending time with one parents which is often accompanied by allegations of ‘parental alienation’.

One of the key challenges in cases like this is determining whether a child’s reluctance is due to genuine concern such as fear or distress, or if it is as a result of one parent’s negative influence on the child’s perception of the other parent. This is typically where professionals, such as Guardians from CAFCASS, are required to take an independent view on the child’s wishes and feelings and why they may have a reluctance to spend time with the other parent.

The guidance provides a balanced approach and encourages understanding from the child’s perspective. It aims to reduce harm to children by promoting a balance and informed approach for decision-making in Family Courts.

Most importantly, it makes sure that the children’s voices are heard, while also protecting the rights and relationships of both parents with the child.

A link to download the guidance, should you wish to consider it, is below:
Alienating Behaviours - Courts and Tribunals Judiciary

Next Steps...

Our family team are very experienced in dealing with all aspects of the law relating to children & care proceedings. We can be contacted on freephone 0800 011 6666 or via email at legal@timms-law.com. Alternatively feel free to check out the Family Law section of our website to see how Timms can help you.