EWJ June 2024 web - Journal - Page 80
Parental Alienation: An Overview
by Pauline Lewis - www.thebarristergroup.co.uk
Family breakdown in the UK has reached epidemic proportions. The family courts are bursting
at the seams with parents seeking family justice, especially for their children. The issue that is at
the forefront following family breakdown is how to best protect and serve the children. This can
only be done if what is being inflicted on the child can be identified and addressed. Children are
often suffering from the alienating behaviours of one parent against another parent in family
breakdown.
Parental Alienation is the continual imposition on a
child of a negative view of their other parent who is
usually absent. It is damaging to the relationship between the child and their absent parent and can have
far-reaching consequences for the child.
and take steps to address it should be acknowledged
for their positive efforts. Recognising and participating in a postitive resolution should be helpful to all
parties in later proceedings. Credit may then be given
to the participating parent in later proceedings should
matters progress further.
4. Mediation is something that should be offered early
as it will help to identify issues.
5. Where parental alienation is alleged and experts
are likely to be needed, then agreed Joint Experts
should be appointed as early as possible.
[Re A (Children) (Parental alienation) [2019] EWFC]
It is a form of domestic abuse.
Early Judgment
It is important to identify whether parental alienation
is taking place and address it quickly. Failure to do so,
may result in irreversibly damaging the relationship
between the child and the alienated parent. The systematic and continued denigration of the absent parent creates a barrier in the mind of the child which is
hard, if not impossible, to remove. The sooner it can
be identified, the higher the chance that the child can
be protected from forming this kind of mental barrier. From a practical point of view for practitioners,
the following can be taken into account:
Expert Witnesses
The Family Justice Council have published interim
guidance on parental alienation. This includes guidance in relation to expert witnesses. Impartiality is important because expert witnesses are able to give
advice on therapy which should be sought or practical routes that should be followed. If the expert witness has an interest in the course of treatment or route
they recommend should be taken, then the issue of a
conflict of interest would arise. In such cases any conflict should be declared. This is the expert’s duty to
the court.
1. Procedural early determination is needed
whenever a family in distress comes before the court.
2. Early advice can be provided by local authorities,
who can offer non-mandatory guidance to alienating
parents on how to communicate with their child about
the other parent. Often, alienating parents are unaware of the seriousness of their behaviour and may
not even realize that they are alienating the other
parent. Early education is crucial to introduce the
concept and help them identify their actions.
The Consequences
The consequences of parental alienation are far
reaching. It does not only extend to the relationship
between the child and the alienated parent but it affects the child’s relationship with his wider family –
grand-parents, uncles and aunts etc.. It will also have
3. Parents who recognise that they have a problem
EXPERT WITNESS JOURNAL
78
JUNE 2024