What is Parental Alienation?

Parental alienation is a highly contentious matter and is likely to be incredibly difficult to manage for any parent whose children are being manipulated to show hostility and resistance towards them.

Understanding exactly what parental alienation is, as well as the potential signs, is incredibly important for separated parents. Family courts are increasingly recognising parental alienation, which is likely to be taken into account during divorce, separation and children law proceedings.

Here, our expert parental alienation lawyers provide some insight into what parental alienation is and what sort of actions are taken to address the issue, both by parental alienation solicitors and the courts.

What does parental alienation refer to?

Parental alienation is also sometimes referred to as implacable hostility, parental alienation syndrome and malicious parent syndrome. It is a condition where a child is manipulated or coerced by one parent to show unwarranted hostility towards the other parent (typically separated parents).

Parental alienation was also once referred to by the outdated term ‘malicious mother’s syndrome’. However, this term is far from accurate, as both men and women are equally capable of demonstrating alienating behaviours.

Parental alienation often presents as a reluctance from the child to spend time with the other parent without any real reason.

What are some examples of parental alienation?

Parental alienation involves behaviours by one parent aimed at damaging the child’s relationship with the other parent. These behaviours may be direct (intentional) or indirect (unintentional) but ultimately interfere with the child's ability to maintain a healthy bond with the other parent.

Some examples of direct alienating behaviours include:

• Badmouthing the other parent: speaking negatively about the other parent in front of the child.
• Limiting contact: refusing to allow or frequently cancelling visitation or phone calls and creating excuses to prevent visitation.
• Sharing inappropriate information: telling the child details of legal disputes, financial issues, or adult conflicts.
• Encouraging rejection: coercing the child into choosing one parent over the other.
• False accusations of negative behaviour against the other parent.

Some examples of indirect alienating behaviours include:

• Undermining authority: refusing to enforce rules or undermining the other parent’s decisions.
• Blocking relationships: preventing the child from forming relationships with the other parent’s extended family (e.g., grandparents, aunts, uncles).
• Creating dependency: making the child overly reliant on the alienating parent.
• Manipulating the child’s feelings: guilt-tripping the child for wanting to spend time with the other parent and exaggerating distress toward the other parent.
• Fostering fear or anxiety: telling the child they’ll be punished or unloved if they enjoy time with the other parent.

What are the potential signs of parental alienation?

There are several potential signs of child alienation. This could include behaviours such as, but not limited to:

• Idealising one parent over the other
• Having trivial or false reasons for not liking a parent
• Reacting disproportionately to certain behaviours
• Acting cold and distant towards one parent
• Refusing to speak to a parent for no particular reason
• Openly discussing a parent’s shortcomings
• Extending their alienation towards a parent to their family
• Repeating negative comments made by the other parent

It is very important to note that, just because a child may be exhibiting any one of these behaviours, this does not mean that parental alienation is taking place. Living with separated parents can be incredibly challenging for children, which means that some parental alienation against a mother or father is likely to occur naturally.

However, it is certainly useful to be aware of these types of behaviours so that you can seek advice on parental alienation from a family law solicitor, who provides a professional opinion as to whether anything untoward is occurring.

Is parental alienation a crime?

According to the parental alienation UK law, parental alienation is not a crime. That being said, campaigners have put forward the argument to change parental alienation laws so it qualifies as a form of child abuse.

How to report parental alienation

If you suspect that you are subject to parental alienation, it is important to speak to a family law solicitor. They will be able to review your situation and assess whether it will be possible to present a case to the courts, who will then be able to make a decision as to how proceedings will unfold.

How do the courts deal with parental alienation cases?

Currently, there are no specific provisions in UK law for courts to deal with parental alienation, but there is scope for the courts to determine a resolution to an issue on a case-by-case basis.

Aside from hearing testimonies from both parents, the courts may take additional steps during cases of parental alienation. For example, depending on the age of the child involved in the case, they may also be involved in proceedings, with a psychologist who specialises in parental alienation also being appointed to assess the child, both parents and the wider family unit.

Any evidence gathered by the psychologist may then be used to guide proceedings and have an impact on the final outcome.

How to prove parental alienation

Parental alienation is difficult to prove, given the depth of evidence and proof of impact one must obtain. It is therefore important to keep written records of instances when the other parent interferes with your relationship, communication logs that demonstrate alienation and a log of any missed contact.

Furthermore, third-party evidence will strengthen your case, such as witness statements from the likes of family friends or teachers, and professional reports from therapists, counsellors and mediators. It’s also important to monitor your child’s behaviour for changes that might indicate alienation, like repeating negative phrases, persistent hostility or refusal to see or speak to you.

You may also wish to enlist a qualified health professional or family therapist to provide a professional opinion on whether alienation is occurring. These methods will all serve to reinforce your case in court, providing a more robust argument that will help you firmly prove parental alienation.

What may happen if parental alienation is proven?

Depending on the circumstances, the court could make a number of decisions regarding parental alienation. As far as possible, the courts will be required to promote positive contact between parents and children, with the decision to stop contact altogether often being the last resort.

Speak to our family law specialists in Bristol and Bath

For pragmatic, constructive, and sensible advice and assistance on family law issues, please contact your local parental alienation lawyers in Bath, Bristol or Bradford on Avon.