Since 2014 the law that the court must take into account when considering arrangements for a child includes a presumption that it is in a child’s best interests for their parents to be involved in their lives and upbringing, so long as that would be safe for the child.
‘Involvement’ might be direct or indirect, and whilst it does not mean that the child’s time should be shared equally between the parents, it is important to appreciate that there is no presumption in favour of mother or father, and that specific arrangements are determined only with regard to the best interests of the child.
As a result of this presumption, parents who want to spend time with their children are likely to find applications to the court for a Child Arrangement Order to be considered very favourably, as long as there is no risk of harm to the child. ‘Harm’ may come from factors such as a severe mental health issue, drug or alcohol problems, or anything else that could be a cause of concern.
What the court considers when it decides on the child’s best interests
One of the factors the court must consider is the child’s wishes and feelings. A warning sign of parental alienation is when a child is resisting or refusing to spend time with a parent. Sometimes, such behaviour is justified, particularly if there has been domestic abuse or neglect. The court appreciates that a child is a person in their own right and takes into account the fact that the child’s opinions will be based on their own experiences.
My child feels torn between their parents
It is not unusual for a child to feel torn between their parents. They may not want to upset the parent with whom they live by showing that they want to spend time with the other parent, or perhaps they can see how upset the parent they live with is, now they have separated, and they do not want to leave them. This can cause difficulties but can usually be addressed by the parents recognising the child’s concerns and providing appropriate reassurances that acknowledge and reinforce the importance of the child spending time with both parents.
However, sometimes the resistance is a result of psychological manipulation by the other parent. This manipulation may be intentional or unintentional and may take various guises but can include:
- talking about the other parent in derogatory terms
- oversharing details of parental disputes
- providing unnecessary reassurances about time spent with the other parent and therefore making the child nervous
- suggesting that the other parent does not love them
- making vexatious and unsubstantiated allegations of domestic abuse
- inferring that abuse has taken place
What can I do if I feel my ex-partner is trying to alienate my child from me?
In cases where parental alienation is suspected, urgent action should be taken and if matters cannot be resolved swiftly by agreement - whether through negotiation or mediation - then an application should be made to the court.
The longer the manipulation continues, the more harm can be caused and the more entrenched the child’s resistance may become. The court must be encouraged to robustly manage the application.
If allegations of domestic abuse are raised that would, if proved, impact the court’s decision as to the contact arrangements, these should be determined early on as part of a fact finding hearing. The court is also likely to benefit from expert evidence as to any risks to the child and how those risks might be managed. This could be through therapeutic intervention for both the child and the parents, and will require an assessment of the alienating parent as to their capacity to meet their child’s needs, and their capacity to change.
What happens when a child has been subjected to parental alienation?
If the court decides that a child has been subjected to parental alienation it must balance the risk posed to the child by establishing contact against the risk of the child remaining in the care of a parent who has caused harm and who will continue to cause harm as a result of psychological manipulation. In appropriate cases, consideration may be given to a transfer of the child’s residence.
What happens if you fail to comply with a Child Arrangement Order?
In the event that a person fails to comply with a Child Arrangement Order without good reason, an application can be made to the court for enforcement. The court’s options include:
- Making an Enforcement Order – which imposes an obligation to undertake unpaid work
- An order for financial compensation
- Sanctions for contempt of court, which include imprisonment and/or a fine
Get in touch for expert advice if parental alienation is affecting you
We understand how deeply upsetting parental alienation can be. If you have concerns about how this may be affecting your relationship with your child, or you are threatened with domestic abuse or need to make other types of child arrangements please complete our enquiry form and one of our specialist family solicitors will contact you.
