CAFCASS (the court advisory service used in Court proceedings) describes alienation as:
‘The unjustified resistance or hostility from a child towards one parent as a result of psychological manipulation by the other parent.’
As solicitors advising in complex children cases this is an issue which is raised with us frequently. Sometimes a child can start to resist spending time with a parent and in some cases can entirely reject that parent. The question which needs to be asked in these cases is whether this is as a result of alienation or not?
Alienation can be intentional or unintentional. However, the impact on the child and the child’s relationship with the other parent can be devastating.
In cases where alienation is raised as an issue the Court would normally start with asking CAFCASS to undertake a welfare report and consider whether there is evidence of alienation as part of this report. Further assessments may well follow if alienation is suspected by the CAFCASS officer. The Court frequently also considers appointing a Guardian to act for the child. If this step is taken the child will be represented by their own solicitor, via their Guardian.
When making a decision the Court will always wish to follow what is in that particular child’s best interests.
If there are concerns that the resident parent cannot support re-establishing the relationship between the child and the other parent then the Court may consider whether the child should move to the care of that parent with contact with the alienating parent being at least initially restricted provided this is considered to be in that child’s best interests.
There are some cases where re – establishing a relationships with the other parent may not be considered to be in the child’s best interests at that point in time. The effect of this on the parent losing that relationship with their child cannot be overstated. Time is often of the essence in these cases.
We are an experienced Family law team who can offer you expert legal advice if you suspect alienation may be an issue in your case.If you would like further information on the services we offer, or want to contact our Family team, please call 01206 835320 or email [email protected]