Family Justice Council has published ‘Guidance on responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour.’
In summary, the guidance:
- debunks myths that there is a diagnosable ‘syndrome’ of parental alienation and provides a helpful guide of important steps to follow where a child is reluctant, resistant, or refusing to see a parent.
- is a reminder that decisions of fact relating both to allegations of alienating behaviour or domestic abuse are a judicial function.
- tackles the difficult issue of allegations of alienating behaviour being made alongside allegations of domestic abuse, the impact on survivors and the importance of unpicking the complex interplay between these issues.
- centralises the voice of the child, putting children back at the heart of cases concerning them.
The Guidance contains five ‘Guidance Notes’, dealing with Case Management, the Voice of the Child, Welfare Decisions where Findings of Alienating Behaviours have been made, Understanding Reluctance, Resistance, Refusal and Psychological Manipulation and the Use of Experts.
- Attachment, affinity and alignment (‘AAA’) – reasons why children may favour one parent over another, or reject a parent, which are typical emotional responses to parenting experiences and not the result of psychological manipulation by a parent.
- Appropriate justified rejection (‘AJR’) – situation where a child’s rejection of a parent is an understandable response to that parent’s behaviour towards the child and/or the other parent.
- Alienating Behaviours (‘AB’) – psychologically manipulative behaviours, intended or otherwise, by a parent towards a child which have resulted in the child’s reluctance, resistance or refusal to spend time with the other parent. [This term is capitalised throughout the guidance to refer to this definition]
- Protective behaviours (‘PB’) – behaviours by a parent towards a child in order to protect the child from exposure to abuse by the other parent, or from suffering harm (or greater harm) as a consequence of the other parent’s abuse.
- Reluctance, resistance or refusal (‘RRR’) – behaviours by a child concerning their relationship with, or spending time with, a parent, which may have a variety of potential causes.
Essentially, “Alienating Behaviour” is a factual determination for the court. It is now based on meeting established criteria. It is definitive guidance with a clear burden of proof if allegations are made. Parents making these allegations MUST discharge and evidence a) harm to the child and b) unjustified reluctance, resistance or refusal. Importantly the voice of the child is not to be dismissed. The guidance emphasizes holistic evaluation which is welcomed by Women’s McKenzie Friend.
For more detailed information and a 30 page report of the guidance please see the following link
I would also recommend that you take time to listen to an excellent podcast exploring the new guidelines, where you will benefit from the discussion and assessment of, Zoë Saunders and Lucy Reed KC from St Johns Chambers.
https://www.stjohnschambers.co.uk/podcast/the-new-alienating-behaviours-guidance
As a woman’s organisation offering specialist support and assistance to survivors of domestic abuse and their children, we are well placed to guide and support you with your case if allegations of Alienating Behaviour are made against you. We understand the dynamics of post separation abuse, ongoing trauma for victims and how perpetrators of abuse can and do use the family courts as a weapon in continued abuse. Within the Family Court, abusive parents can use allegations of Alienation for tactical and other reasons. With the introduction of these important new guidelines it should be easier to weed these unsubstantiated claims much earlier on in the process.
If you would like support with child arrangements and child contact, please get in contact with us at:
info@womensmckenziefriend.com
