‘Parental alienation’ and the Family Court
Cases involving ‘parental alienation’ are increasing in the Family Court. But what is it, and how should the court handle it? Rob Hackett takes you through the key points from the guidance.
Understanding parental alienation
Parental alienation happens when a child is reluctant, resists, or refuses to engage with a parent due to the other parent's influence. The Family Justice Council (FJC) has provided guidance to help courts deal with these cases consistently and improve outcomes for children and families.
Three elements to prove alienation
- The child is reluctant, resisting, or refusing to engage with a parent.
- This reluctance is not due to the actions of the parent or other factors like the child's natural alignment with one parent.
- The other parent has behaved in a way that impacts the child's relationship with the parent.
Rarity of true alienation
- True cases of alienation are rare, but allegations are rising.
- A child's reluctance to see a parent can be due to many reasons, not just alienation.
Impact of parental separation
- Children may react with anger or resentment after parental separation.
- They may develop a natural preference for one parent without any alienating behaviour.
Domestic abuse and alienation
- Allegations of alienation can sometimes be used to counter claims of domestic abuse.
- The court should prioritise addressing domestic abuse allegations before considering alienation claims.
- If domestic abuse is proven, it may justify the child's rejection of a parent.
How we can help
If you believe these issues affect you or your children, contact Rob or a member of our specialist family law Newcastle Upon Tyne team for advice.
Expert commentary & updates
Mediation: A calm, supported path to resolving family matters
Louisa Bestford, from our Divorce & Family Team, explains how mediation offers a calm, supported way to resolve family disputes and avoid court with practical legal guidance.”
Why divorce enquiries rise in January and Hay & Kilner's amicable options for couples
Why do divorce enquiries rise in January? Fiona Ryans, from Hay & Kilner's Divorce & Family Team, explains the trend and how an amicable One Solicitor Solution can support couples.
Divorce made simple
Kate Garrett, from Hay & Kilner’s Divorce & Family Team, explains how to navigate the divorce process simply and sensitively, with practical legal guidance for amicable separation.
Do I need my ex-partners permission to take my kids on holiday?
Do you need your ex-partner’s permission to take your children abroad? Kayleigh Bell, from our Divorce & Family Team, explains child travel consent rules.
Cohabitation Agreements: Understanding your rights and responsibilities
Louisa Bestford, from our Divorce & Family Team, explains Cohabitation Agreements, helping couples understand their legal rights and responsibilities under UK law.
Duo of promotions at Hay & Kilner
We are delighted to announce the promotion of Kayleigh Bell and Sophie Fletcher to Associate, demonstrating our commitment to supporting future talent.
Family at the heart of growing Hay & Kilner team
Operating from offices in Newcastle and Wallsend, Hay & Kilner’s Family Law Team offers comprehensive legal support across all aspects of family law, ensuring tailored support for every client.
You may also need advice on
Family Court
Navigating the family court system can be a daunting experience, especially when dealing with emotionally sensitive issues such as divorce, child arrangements, or financial disputes. At Hay & Kilner, our expert family law solicitors provide experienced and compassionate representation to guide you through every step of the process.
Leave us a message
Send us your query and we will be back in touch as soon as possible.
For the latest insights, updates and events join our mailing list