The BBC recently reported that five women died after the family courts had allowed fathers accused of abuse to apply for contact with their children. The deaths came due to deteriorating health, with some mums committing suicide, after the outcome from the courts.

This harrowing report touched upon unjust circumstances in which a separate study by the University of Manchester found as many as 75 children had been forced to have contact with fathers who had previously been reported for abuse. In some instances the fathers were convicted paedophiles.

The common theme throughout each case within the study found that each father had relied on ‘parental alienation’, in which they claimed that the mothers had turned the children against them.

What is parental alienation?

There is no single definition of parental alienation, but it can be described as negative views or behaviours that are intended to undermine or obstruct the child’s relationship with their other parent.

Both men and women can demonstrate alienating behaviour and although the BBC have reported specifically about father’s who have relied on parental alienation, mothers often rely on parental alienation too.

It is noted within the report that researchers are concerned about the increase in ‘parental alienation’ cases and that credible evidence of abuse such as criminal convictions were diminished or ignored. This raised further concerns for the health implications of abused women facing family court proceedings.

Often perpetrators of domestic abuse will deflect blame by pleading parental alienation in an attempt to reverse culpability. It is important in those circumstances to be guided by the findings and evidence, and to not lose sight of the difference between the child’s justified rejection of a parent following abuse and rejection caused by alienation behaviours.

It is reported that since the BBC made the Ministry of Justice aware of their investigation into whether further action is needed on ‘parental alienation’, the judiciary have issued new draft guidelines on handling parental alienation cases.

We at Jackson Lees welcome the new guidelines and understand the importance of recognising the misuse of ‘parental alienation’ within family court proceedings. If you require advice and guidance on ‘parental alienation’, please get in touch with one of our legal experts.

The new guidelines for parental alienation

The guidelines will give the Court a roadmap to determine what the issues are in a case and help the Court to identify if there are any other reasons to explain why the child may be reluctant to engage with the other parent, including domestic abuse.  

The guidance also provides a reminder that even though alienating behaviours can be quite nuanced, like with all allegations they must be proven to the requisite standard, not merely asserted. There is detailed guidance on how the case should be case managed and what further evidence will be required and suggested procedures to gather the information needed to enable the Court to make safe and informed decisions. The guidance is draft at present and will be subject to consultation.

To read the BBC article in full, please click here.