Family courts in England and Wales are now advised to prioritise allegations of domestic abuse over claims of ‘parental alienation’, according to new guidance from the Family Justice Council. This advisory body, comprising senior judges, lawyers, and experts, emphasises that domestic abuse is a crime and should be given greater weight in court proceedings.
In private law children cases, it’s common for one parent, typically the mother, to accuse the other of abuse. The accused parent may counterclaim that the other has manipulated the children against them—a concept known as parental alienation. The council’s report criticises the notion of ‘parental alienation syndrome’, describing it as a “harmful pseudo-science” lacking credible research evidence and facing international condemnation.
While acknowledging that alienating behaviours affecting a child’s relationship with a parent do occur, the guidance notes these instances are “relatively rare”. Research indicates that over half of private law cases involving children include allegations of domestic abuse, though the prevalence of parental alienation claims remains unclear. Judges, however, have observed an increase in such claims.
The guidance asserts that “allegations of domestic abuse and ‘parental alienation’ cannot be equated”, highlighting the criminal nature of domestic abuse. It also advises that it’s “inappropriate” for experts to determine whether parental alienation has occurred, stating that such decisions should be made by the court, with psychologists potentially advising on subsequent steps.
The council further recommends that a child’s rejection of a parent should not automatically be attributed to alienation. Courts are urged to assess whether such rejection is justified by the parent’s behaviour and to seek evidence of manipulation before concluding alienation.
This guidance has been welcomed by legal professionals and charities. Lucy Reed KC, founder of the Transparency Project, believes it will make proving “alienating behaviour” more challenging and help identify cases where such allegations are used as litigation tactics or to silence domestic abuse survivors. Charlotte Proudman, who has represented parents accused of parental alienation, describes it as a “great step forward”. Women’s Aid views the guidance as “a positive step in the right direction” but expresses concern over the lack of reference to child sexual abuse.
Conversely, Sam Morfey of the charity Both Parents Matter acknowledges the guidance but calls for recognition that “unfounded claims of abuse… can be evidence of alienation and a deliberate attempt to damage a child-parent relationship”.
This development signifies a shift in family court proceedings, aiming to ensure that allegations of domestic abuse receive appropriate attention, while also addressing concerns related to parental alienation claims.
What To Do Now
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