Family Law Insights: How Do the Family Courts Treat Parental Alienation?

Amelia Bunce, Trainee Solicitor

Amelia works primarily with John Randle in the family team, dealing with all aspects of family law, specialising in high-net-worth divorces.

“Every time you tell your child what an ‘idiot’ his father is, or what a ‘fool’ his mother is, you are telling the child half of him is bad” (Judge Michael Haas, Minnesota, USA, 2001).

So-called ‘parental alienation’, by which one parent undermines or destroys the other parent’s relationship with their child through a pattern of negative comments or behaviour, has been common currency in US divorce cases for many years. The tendency of US courts to accept parental alienation as a relevant factor in divorce is supported in no small part by its widespread acceptance among psychiatrists and psychologists: according to a recent article in Psychiatric Times, 22 million adults in the US have experienced some form of parental alienation, putting it “on par with physical and sexual abuse” in terms of the harm caused to children.

While allegations of this nature are nowhere near as common in the UK, campaigners have sought to highlight the “epidemic” caused by alienating behaviour, with one recent study suggesting that around 40% of divorces in England and Wales are marked by alienating conduct.

How is Parental Alienation dealt with by the courts of England and Wales?

Following guidance from the President of the Family Division, the courts of England and Wales do not use the term parental alienation but instead refer to “alienating behaviours”. This term refers more specifically to describe the pattern of behaviour from a parent that deliberately intends to undermine the relationship that a child has with another parent.  

In December 2024, The Family Justice Council (FJC) released new guidance on the matter. While this guidance seeks to “[reflect] the complexity and challenges of this area of family law”, it concludes that “‘parental alienation syndrome’ has no evidential basis and is considered a harmful pseudo-science”.

In contrast to prevailing trends in the US, the FJC is clear that, in terms of the harm caused to both parent and child, parental alienation should not automatically be equated to domestic abuse. The guidance further states that “the factual matrix surrounding a case of alleged alienation is one for the court alone” and that courts must not simply adopt a medical diagnosis as relevant to the determination without first applying necessary legal tests. In short, if alienating behaviour is established, this may be reflected in the outcome of any child arrangement case, but likely will not be the determining factor in that case.

The family courts will always seek to establish the best interests of the child and will generally seek to support ‘co-parenting’ arrangements wherever possible. In order to demonstrate that alienating behaviours are present, the ‘alienated’ parent must prove all of the following criteria:

• That the child is demonstrating reluctance, resistance or refusal in their relationship with, or spending time with, a parent
• That the parent bringing the claim has not done anything to cause the child’s behaviour
• There is evidence that the other parent has engaged in behaviours which led to the breakdown of their relationship with their child.

While allegations of alienating behaviour are not easy to establish, they are being raised with greater frequency in the English courts. If you are facing a private children law case where alienating conduct may be an issue, please contact us for an initial no-cost confidential discussion.