Navigating Alienating Behaviours: How children can be supported and practical legal remedies explained
Children Law cases often become particularly fraught when one parent alleges that the other is engaging in alienating behaviour (previously known as ‘parental alienation’), that is, attempting to damage, undermine, manipulate or even destroy the child’s relationship with the other parent, notes Sue Shepperson from Tallents Solicitors.
Sue Shepperson, Family Law Executive
These emotionally challenging disputes frequently require an expert assessment from a psychologist, helping the family court to make sense of competing narratives and ultimately safeguard the welfare of the child. Yet, while these situations are complex, it is important for parents to remember that there are constructive routes forward, even when alienation threatens to drive families apart.
Understanding Alienation in Children Law Cases
Although parental alienation is not strictly defined in legislation, the term generally refers to situations when a child becomes resistant or shows reluctance to spend time with one parent, sometimes due to the influence of the other.
There can be a range of reasons why a child is resisting or refusing to spend time with a parent, but the courts are careful to distinguish between appropriate justified resistance, such as where a child may reject a parent due to their behaviour towards the child and/or other parent, or where there may be concerns about harm or past abuse, and unjustified reluctance created by the manipulation or undue influence of one parent, which could be defined as emotional abuse under the Children Act 1989. The central focus in these cases always remains the child’s best interests, not the penalisation of any parent.
Claims of alienation are usually raised in proceedings concerning Child Arrangement Orders, which deal with who the child lives, and contact arrangements, which deal with who the child spends time with.
The Role of Psychologist Expert Assessments
When alienation is alleged and the court deems expert input and insight necessary, the court may seek the views of professionals such as Cafcass (Children and Family Court Advisory and Support Service) officers or request a psychologist’s assessment. Current guidance issued by the British Psychological Society (BPS) and the Family Justice Council stresses that any psychologist instructed should be registered with the Health and Care Professions Council (HCPC) or be a Chartered Member of the BPS and possess substantial clinical experience in assessing both adults and children in family proceedings.
The expert’s role is not to make a clinical diagnosis of ‘parental alienation’ as it is not regarded as a syndrome, but to examine the behaviours, relationships, and potential manipulation within the family. Their evaluation helps clarify the causes behind a child’s resistance and offer recommendations for next steps.
Careful attention must be given during the expert’s appointment; transparency about qualifications is crucial. The court, not the psychologist, makes the ultimate finding about whether alienation has occurred. The psychologist’s input is limited to evidence and recommendations about the family’s dynamics and what interventions might help which would be in the best interests of the child.
Court Powers and Interventions
Once the court has the necessary evidence, it can exercise a range of powers under the Children Act 1989. In most situations, the aim will be to restore healthy contact between the child and both parents wherever possible. While, in extreme cases, the court might consider reversing residence, for example moving the child to live with the previously alienated parent, this is rare and reserved for entrenched cases where all other avenues have failed. More typically, the court may:
- Order therapeutic interventions or family therapy to rebuild relationships
- Require attendance at parenting courses
- Arrange for supervised contact or involve contact centres
- Enforce compliance through penal notices or enforcement orders in particularly resistant cases
Addressing and Overcoming Alienating Behaviour
Expert assessment is only one step. Overcoming entrenched alienating behaviour often involves a broader toolkit:
- Therapeutic work: Involving child and family therapists can help children express their feelings in a neutral environment, allowing both parents to hear the child’s perspective and repair trust.
- Parenting support: Both parents may benefit from attending specialist parenting courses focused on co-parenting and understanding the impact of conflict on their children.
- Mediation: Professionally supported mediation can be a powerful forum for parents to work through their differences, agree boundaries, and commit to more positive communication going forwards.
- Court-directed arrangements: Sometimes, a period of supervised contact enables rebuilding of relationships in a structured way, with gradual progression as trust is rebuilt.
The family courts and professionals will always seek out solutions that are child-centred and proportionate. Alienation can be deeply damaging, but it is rarely insurmountable, particularly when parents are committed to putting their children’s needs ahead of their own grievances.
How Tallents Solicitors Can Support You
At Tallents Solicitors, clients can expect an approach that is caring, straightforward, and steadfastly supportive. With twenty years of experience in family law, Sue Shepperson understands how distressing and isolating these matters can feel. Clients are listened to, guided, and supported in a manner free of legal jargon, with the complexities clearly explained and practical steps outlined at every juncture. Whether the need is for robust representation in court, advice about instructing an appropriate psychological expert, or help to navigate difficult family dynamics outside the courtroom, Sue and her Children Law team have the experience to make a positive difference in your lives.
Taking the First Step
Recognising the early signs and seeking advice promptly can make a significant difference in parental alienation cases. Even where matters seem entrenched, there are almost always routes back towards healthier relationships between parents and children.
Tallents Solicitors offers free, confidential family law consultations via the phone every Tuesday evening, ensuring families have access to the support and expertise they need from the outset. Call 01636 813411 between 5pm-7pm on Tuesdays to speak to one of our experienced solicitors.
If alienation is affecting your family, taking early action is essential. From instructing independent experts to accessing therapeutic support and pursuing practical legal remedies, help is close at hand. Tallents Solicitors is committed to offering straightforward advice and unwavering support, helping clients move forward with confidence and clarity.
For a confidential discussion about child arrangements and allegations of alienation, contact Sue Shepperson and the Family Law team today on 01623 666700.
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This article is intended for general guidance only and does not constitute legal advice. Every family is different; for advice specific to your circumstances, please get in touch with Tallents Solicitors for an initial consultation.
