As family lawyers, we often come across cases in which there is alleged parental alienation. Parental alienation can be difficult to prove and it is important in cases of this nature, that we make our clients aware of the guidance published by the Family Justice Counsel, which is titled ‘Guidance on responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour’.
In the case of Re C (‘Parental Alienation; Instruction of Expert), Sir Andrew McFarlane adopted the definition proffered by the Association of Clinical Psychologists (ACP-UK) that ‘parental alienation’ is not a syndrome capable of being diagnosed, but a process of manipulation of children perpetrated by one parent against the other through what are termed as alienating behaviours. He observed that what is important is the particular behaviour that is found to have taken place within the individual family before the court, and the impact that that behaviour may have had on the relationship of a child with either or both of his/her parents.
The guidance provides that a court would need to be satisfied that three elements are established before it could conclude that alienating behaviours had occurred. The three elements are:
1. the child is reluctant, resisting or refusing to engage in, a relationship with a parent or carer; and
2. the reluctance, resistance or refusal is not consequent on the actions of that parent towards the child or the other parent, which may therefore be an appropriate justified rejection by the child, or is not caused by any other factor such as the child’s alignment, affinity or attachment; and
3. the other parent has engaged in behaviours that have directly or indirectly impacted on the child, leading to the child’s reluctance, resistance or refusal to engage in a relationship with that parent.
It is important to note that alienating behaviours range in intensity and their impact on children. They can be observed in both families where parents remain together and in those where parents separate.
Either or both parent(s) could engage in psychological manipulation which may or may not manifest in reluctance, resistance or refusal on the part of a child.
The guidance reflects the complexity and challenges of this area of family law and if you are therefore concerned that your child or children are being exposed to parental alienation, it is important to act quickly and seek appropriate legal advice.
T: 029 2034 2233
E: Enquiries@wendyhopkins.co.uk
Author: Sam John
Published: 22.09.25