Parental alienation, unfortunately, and sadly, it is becoming a very common feature in cases. We must start with the basics, there is currently no legal definition of Parental Alienation. However, it can be summarised in situations where parents have separated and one parent whether directly or indirectly displays to a child or children unjustified negativity aimed at the other parent. In such cases the relationship between parent and child can be lost altogether and the courts have been struggling to deal with such cases as quite often the alienation can be subtle, difficult to identify and can take place over several months if not years.
Cafcass, the independent body appointed by the Court defines parental alienation as ‘when a child’s resistance/hostility towards one parent is not justified and is the result of psychological manipulation by one parent. The definition has recently received approval from the Court of Appeal in Re S (Parental alienation: Cult) 2020.
How can you identify Parental Alienation?
Sometimes parents cannot identify themselves that they are causing alienation to their child. Emotions run high when trying to negotiate a difficult path of deciding what the arrangements for your child should be when you are separated. Sometimes, our own feelings dictate how we act, what we say and who we say it to. On occasions these actions and words can influence your child without you even knowing it. For children, they will certainly struggle with their parent’s separation and it must be remembered that their world changes significantly and they can feel divided loyalties, upset and confusion and therefore to witness their parents acting and saying things they have not heard before can be hugely damaging to them.
Parental Alienation can be indirect, where your own feelings take over and do not prioritise your child’s welfare. This can take months, even years, for it to be detected and to be acknowledged, by which time the damage to a child can be irreparable.
Parental Alienation can also be direct, which is where a parent deliberately does and says things to alienate the other parent. As a result, the child will start to move away from the other parent, often not wanting to see the other parent and treating the other parent in a similar way to the parent who is inflicting the negative and damaging behaviours.
Parental Alienation is often a combination direct and indirect, but what we do know is this type of behaviour is hugely damaging to a child, both emotionally, psychologically, and even physically on occasion.
This is an evolving and a complex area of law but if you believe that this a feature of your relationship with your child, then the quicker you act, the better outcome for your child. Intervention is key and here are McAlister Family Law we have Lawyers who are highly specialised in this area who will be able to assist you with understanding, compassion and most importantly ensure that you are supported through what can be a long and emotional journey.
