The Family Justice Council issue guidance to the Judiciary on responding to allegations of alienating behaviour
The Family Justice Council is a non-statutory advisory body that became operational in July of 2004 and which aims to promote an interdisciplinary approach to family justice.
The Council monitors how effectively the family justice system, both as a whole and its component parts, delivers the service the Government and the public need. It advises on reforms necessary for continuous improvement.
In December 2024 the FJC issued guidance to the Judiciary and professionals working within the family law arena on how to respond to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour.
It is felt that the guidance was required to ensure greater consistency of approach across the Courts and to improve outcomes for both children and families, and to protect children and victims from litigation abuse.
The consultation process which resulted in the guidance was one of the largest consultations in the history of the FJC.
The issue of parental alienation/alienating behaviours is a polarising one which has taken up much court time and public debate, and the guidance reflects the complexity and challenges faced in this area of family law.
For the Court to determine that alienating behaviour is taking place, 3 elements need to be established. These are:
1. The child is reluctant, resisting or refusing to engage in a relationship with a parent or carer;
2. The reluctance, resistance or refusal is not as a result of the actions/behaviour of the parent making the allegations, and is not as a result of other factors such as issues with child attachment, or a child's affinity to one parent over the other; and
3. One parent has engaged in psychological manipulation that has directly or indirectly impacted on the child leading to the child’s reluctance, resistance or refusal to engage in a relationship with the other parent.
It is suggested by the author that it is in practice going to be a high hurdle to jump, and often there is no evidence to support the suspicion that alienating behaviour is taking place. There is often no evidence as to what takes place behind closed doors, so the issue of proving that there has been psychological manipulation will require careful thought.
The guidance explains that children respond to their parents separating with a wide range of emotions, which can play out in resentment or anger towards one parent, or through other situations such as the child making derogatory comments about a parent, (which of itself does not amount to alienating behaviour as one has to also establish that there is a psychological manipulation taking place).
The court is directed to have regard to the wishes and feelings of the child concerned, and is also directed not to treat a finding of alienating behaviour in relation to the parent with whom the child lives as an automatic trigger for change to the child’s living arrangements. The court must consider what the welfare consequences of moving the child will be, and accordingly the finding of alienating behaviour should be looked at in the wider factual matrix of the family’s circumstances.
It is hoped that the guidance will go some way towards clearer and swifter outcomes for families.
The guidance can be found here: