Parental Alienation in Divorce and Separation

The complexities of divorce often increase when children are involved due to the associated emotional and practical implications. As a family law solicitor, I have seen cases where parental alienation emerges as a significant concern, adding another layer of complexity to the emotional dynamics of proceedings and affecting the welfare of the children and parents involved. This article provides insights into understanding parental alienation, strategies to help prevent it, and how it is addressed in the Family Courts.

Parental alienation occurs when one parent impacts the child’s perception of the other parent, leading to the child becoming estranged from that parent. This can happen from subtle negative comments about the other parent in front of the child right through to complete restrictions on contact. The consequences of such actions can be profound, leading to long-term psychological effects on the child and significant harm to the parent-child relationship.

Taking preventative measures is important, especially in sensitive situations involving the emotional well-being of children. Here are some proactive steps you can take:

• Promote open communication: Foster an environment where open communication is encouraged, and children can express their feelings without fear of repercussions.
• Reinforce the child’s relationship with both parents: Always speak positively, or neutrally, about the other parent in front of the child. Encourage and support the child’s relationship with the other parent.
• Seek professional help: Engaging a therapist can provide you and your children with strategies to handle the separation healthily and can help maintain the parental bond throughout the process.
• Legal agreements: Work with your solicitor to create a Parenting Plan that is fair to both parties and prioritises the best interests of the child, ensuring regular and meaningful contact with both parents.

Suspecting that your child may be influenced against you can be deeply distressing. If you find yourself in this position, consider the following steps:

• Document your concerns: Keep a record of instances that may suggest alienation, such as derogatory remarks you’ve been made aware of, refusal of contact, or significant changes in your child’s behaviour towards you.
• Communicate with your ex-partner: Sometimes, a direct but non-confrontational conversation with your ex-partner can help address misunderstandings. Approach the topic sensitively, expressing concern for the child’s emotional well-being rather than making accusations.
• Engage a solicitor: If the situation does not improve, contact a family law solicitor who can advise on the best course of action, which may include mediation, a parenting plan, or court intervention.
• Seek a court remedy: If alienation is evident and persistent, applying to the court for appropriate orders to ensure your relationship with your child is maintained and protected may be necessary.

Family Courts take issues of parental alienation seriously, recognising the detrimental impact it can have on the child and the alienated parent. The primary concern of the court is the child’s welfare. Here’s how parental alienation is typically addressed:

• Thorough investigation: The court can order a detailed psychological assessment of all parties involved to understand the dynamics at play.
• Child’s wishes: Older children may be asked for their views, although these will be considered in light of the potential influence of alienation.
• Remedial action: The court can order specific steps to be taken to repair and maintain the relationship between the child and the alienated parent, which might include family therapy or adjustments to the existing child arrangements.
• Enforcement: Where one parent continually breaches court orders or it is deemed in the child’s best interest, the court can alter the child arrangements.

Parental alienation is a serious matter that requires careful handling to safeguard the psychological and emotional well-being of the child involved. If you are getting divorced and are concerned about parental alienation speak to a family law solicitor who will be able to advise you on the options available to you.

Ready to take the next step? As leading family lawyers in Milton Keynes, our team of family law specialists can advise you about your divorce. As well as our head office in Milton Keynes, we also have solicitors in Bicester, Watford, and Central London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.