Family

Jim Richards
April 2025

Jim Richards, gives us the latest insights on alienating behaviour in family law. In this article he breaks down the Family Justice Council’s 2024 review and what it means for handling parental alienation cases.

In December 2024, the Family Justice Council (FJC) published a comprehensive review on parental alienation and alienating behaviours. This long-debated issue has now been addressed with clear guidance aimed at assisting judges, and those in litigation in dealing with allegations of this nature.

A New Approach to Parental Alienation

The FJC’s guidance marks a significant shift in how parental alienation is approached. It confirms that there is no “syndrome” of parental alienation. Instead, the focus should be on the behaviour, context, and reasons why a child is reluctant, resistant, or refuses to spend time with one parent.

The Test for Alienating Behaviour

The guidance outlines a three-part test for identifying alienating behaviour:

  1. The child is reluctant, resists, or refuses to engage with a parent.
  2. This reluctance is not due to the behaviour of that parent towards the child or the other parent.
  3. The other parent has behaved in a way that has led directly or indirectly to the child’s reluctance to engage in a relationship with the other parent.
    All three elements must be present for a finding of alienation.

Moving Away from Past Practices

This new approach moves away from the previous tendency to use alienation as a catch-all explanation for a child’s reluctance to spend time with a parent. The courts will no longer entertain this approach, especially if there is any finding of domestic abuse.

The Role of the Court

The report emphasises that the court is the ultimate decision-maker in these cases. Experts and Cafcass (Children and Family Court Advisory and Support Service) cannot determine whether specific events took place. It is the court’s role to decide if domestic abuse or alienating behaviours have occurred. Allegations must be supported by evidence; fake assertions will not suffice.

The Importance of Early Action

Relevant issues must be raised early in the process, with appropriate case management directions given. It is not acceptable to introduce allegations late in the proceedings to strengthen a weak case.

Looking Ahead

The development of case law in this area will be closely watched, and further guidance from the courts is anticipated.

If you would like to learn more about alienating behaviours and how they may impact your case, please contact our family law team. We are here to provide expert advice and support.