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    Parental Alienation: Legal Remedies for Alienated Parents

    Author – Dafina Morina, Family Law Legal Consultant

    Parental alienation is an increasingly recognised issue in family law disputes, particularly during or following separation and divorce proceedings. It refers to a situation where one parent deliberately damages or undermines the relationship between the child and the other parent. This harmful behaviour can manifest in various ways, such as negative comments about the other parent, restricting contact, or manipulating the child into believing the alienated parent is unfit or uncaring. The result is often a strained or severed bond between the child and the alienated parent.

    In the UK, parental alienation is regarded as a serious issue due to its potential to cause long-lasting emotional harm to the child, as well as to the alienated parent who may face the devastating reality of being cut off from their child. Understanding the legal framework surrounding parental alienation and the available remedies can help affected parents protect their relationship with their child.

    What is a Parental Alienation?

    Parental alienation occurs when one parent intentionally manipulates a child to distance them from the other parent, leading to estrangement. This manipulation can take many forms, including badmouthing the other parent, limiting contact, or making the child feel guilty for showing affection to the alienated parent. Over time, this emotional manipulation can damage the parent-child relationship, leaving the alienated parent excluded from their child’s life.

    Parental alienation is not simply a case of a child preferring one parent over the other; it involves a deliberate attempt to disrupt the child’s natural bond with one parent. The behaviour is harmful to the child’s psychological well-being, as it creates an emotional divide that can persist into adulthood. In the UK, family courts are becoming increasingly aware of the effects of parental alienation and the need for legal intervention to address it.

    Parental Alienation in UK Law

    Under the Children Act 1989, the courts in England and Wales place the welfare of the child as the paramount consideration in all family law cases. Parental alienation can be detrimental to a child’s emotional and psychological well-being, and the courts take allegations of alienation seriously.

    When parental alienation is suspected, the court may involve CAFCASS (Children and Family Court Advisory and Support Service). CAFCASS officers are trained professionals who conduct assessments to determine whether parental alienation is occurring and its impact on the child. This may involve interviews with the child, parents, and other relevant parties, such as teachers. The findings are then presented in a report to the court, which may recommend appropriate steps to address the situation and safeguard the child’s welfare.

    What aspects will experts pay attention to:

    • the basis of parental alienation;
    • which family members are involved in the problem;
    • assessment of the child’s interaction with both parents;
    • working out family behaviours;
    • legal support;
    • methods of intervention and assistance.

    In some cases, the court may order the removal of a child from the custody of a parent who has manipulative actions and transfer him to an alienated parent for upbringing. The measure may be temporary or permanent, depending on the circumstances.

    Signs of Parental Alienation

    In case of parental concern that contact with the child has been lost and there are signs that he is opposed to the mother or father, you need to pay attention to the signs that characterise parental alienation. They usually include:

    • isolation and detachment of a son or daughter;
    • unwillingness to mention another parent in a conversation;
    • mentioning negative comments made about him;
    • having other things to do instead of the planned communication with the family;
    • demonstrating awareness of adult issues;
    • unfounded accusations against parents.

    Such behaviour is not always considered a sign of parental alienation. But it is always worth paying attention to them so that it is possible to identify the problem at the stage of origin.

    Legal Remedies for Parental Alienation

    If parental alienation is confirmed, the courts have several legal remedies available to protect the child’s relationship with both parents:

    • Child arrangement orders. These orders set out the specifics of the time a child spends with each parent. If one parent is found to be obstructing contact or influencing the child against the other parent, the court may vary the order to ensure consistent, meaningful contact. Failure to comply with these orders can result in enforcement actions by the court.
    • Enforcement of orders. When a parent persistently breaches a Child Arrangement Order, the court has the power to enforce compliance. This can include fines, community service, or even changing the child’s living arrangements in more severe cases.
    • Parental responsibility. Both parents typically share Parental Responsibility (PR), which includes rights and duties relating to a child’s upbringing. The court may intervene if one parent is manipulating the exercise of PR to restrict the other parent’s involvement in key decisions, such as education or medical care.

    What Can Alienated Parents Do?

    For parents experiencing alienation, there are several steps that can be taken to remedy the situation:

    • Mediation. The courts generally encourage mediation before resorting to legal action. Mediation allows both parents to discuss issues in a neutral environment, aiming to reach an agreement that serves the best interests of the child. However, if mediation fails, the matter can proceed to court.
    • Court Action. When necessary, court intervention can be sought to restore contact between the child and the alienated parent. The court will focus on the welfare of the child and may order specific remedies to ensure the child maintains a healthy relationship with both parents.

    A parental alienation solicitor can help to obtain court orders prohibiting pathological behaviour. He will tell when it is better to go to court, and how to find the necessary evidence.

    How Do You Prove Parental Alienation?

    Proving parental alienation in court can be challenging, as it typically includes actions that may not be instantly recognizable. Nonetheless, there are methods to collect evidence:

    • Keep a record of all instances where the other parent has obstructed contact or made negative remarks about you in front of the child.
    • If family members, friends, or professionals (such as teachers or therapists) have observed the alienation, their testimonies can be valuable in court.
    • As mentioned earlier, CAFCASS can investigate and report on the child’s behaviour and the influence of each parent. Their assessment can be pivotal in proving parental alienation.

    The court will consider all the evidence presented and, if parental alienation is proven, may take steps to rectify the situation, such as adjusting custody arrangements or requiring therapy for the child and the alienating parent.

    How Sterling Law Can Help?

    Parental alienation is a deeply distressing experience for both the child and the alienated parent. By contacting Sterling Law for help, you can be sure that professional family law solicitors are ready to support you in a difficult situation. We offer expert legal advice and representation, ensuring that appropriate legal steps are taken to protect your rights and safeguard the welfare of your child.

    If you believe you are facing parental alienation, it is essential to seek legal advice promptly. Contact our experienced family law team today to discuss your situation and explore the best course of action.

    For professional advice and assistance on parental alienation matters, please contact our Family Law team at Sterling Law. We are committed to supporting families and ensuring that children maintain meaningful relationships with both parents, in line with the legal standards set out under UK Family law.

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