New Guidance on Alienating Behaviour and Parental Alienation Allegations in Children Law Proceedings

The Family Justice Council has issued new guidance for family courts in England and Wales on alienating behaviour and parental alienation.

The new guidance follows an increase in accusations of alienating behaviour to counter allegations of domestic abuse in child arrangement order applications.

Our North West family law solicitors can help if you are a separated or divorced parent and unable to agree on the parenting arrangements for your children. We can explain the court process and the non-court-based resolution options and advise you on the impact of allegations of domestic abuse and/or alienating behaviour on custody and contact arrangements.

For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.

The Family Justice Council guidance on alienating behaviour

The 2024 Family Justice Council (FJC) guidance guides courts, family law professionals and parents on:

1. The terminology to use where there are allegations of alienating behaviour
2. The court process
3. How the courts should consider allegations of domestic abuse and alienating behaviour
4. The use of experts where allegations of alienating behaviour are made
5. Listening to children and assessing their welfare needs

Key points from the Family Justice Council guidance:

There are three key points from the FJC guidance:

1. Domestic abuse should not be equated with parental alienation
2. A child’s reluctance to see a parent does not mean they have been subject to parental alienation without evidence and a court finding of alienating behaviour
3. Findings of alienating behaviour will be rare

New terminology from the Family Justice Council guidance on alienating behaviour

The guidance suggests the use of the following terminology by courts and family law professionals:

1. Attachment, affinity and alignment (AAA) – why children may not want to spend time with one parent or reject a parent. These reasons are not due to psychological manipulation by a parent or alienating behaviour but just a child’s emotional response to their experience of being parented
2. Appropriate justified rejection (AJR) – where a child not wanting to spend time with one parent is considered an understandable response to the parent’s behaviour. The behaviour could be directed to the child or other parent. For example, if the child has witnessed domestic abuse towards one parent
3. Alienating Behaviours (AB) – psychologically manipulative behaviours (whether intentional or not) by a parent towards a child that results in the child’s reluctance, resistance or refusal to spend time with the parent
4. Protective Behaviours (PB) – behaviour by a parent to protect the child from exposure to abuse by the other parent, or from suffering harm or additional harm because of the other parent’s abuse. For example, if a parent has unresolved anger management or addiction issues that affect their parenting
5. Reluctance, resistance or refusal (RRR) – behaviours by a child over contact and their relationship with a parent and the reasons for the reluctance, resistance or refusal to see one parent may be due to a variety of potential causes

Making allegations of alienating behaviour in child arrangement order proceedings

The new FJC guidance does not stop allegations of alienating behaviour being made by a parent unable to see their child or where they only have limited contact. However, the guidance does try to stop the practice of an allegation of alienating behaviour being made in child arrangement order applications where an accusation of domestic abuse has been made as an almost automatic counter to the initial allegation.

If a parent has engaged in alienating behaviour the person alleging the alienating behaviour needs to show that:

1. The child is reluctant, resisting or refusing to engage in a relationship with you
2. The child’s reluctance, resistance or refusal is related to the other parent’s actions. If the child doesn’t want to see you for different reasons, then this is either called ‘’appropriate justified rejection’’ (AJR) or down to ‘’alignment, affinity or attachment’’ (AAA)
3. The other parent has engaged in behaviours that have directly or indirectly impacted on the child, leading to the child’s reluctance, resistance or refusal to engage in a relationship with you

If you think your child has been encouraged to reject you and to refuse contact with you it is important to say this at the outset of your child arrangement order application. This means the court can:

1. Consider which type of family court judge should decide your child arrangement order application
2. The type of involvement and report needed from CAFCASS
3. If there is a need for a separate finding of fact hearing and other case management issues
4. The need for expert evidence

The later you raise these allegations in the court process the harder you may find it to get the court to conclude that it is necessary and proportionate to fully investigate your concerns.

Responding to allegations of alienating behaviour in child arrangement order applications

If you are a parent accused of alienating behaviour it’s important to talk to a specialist family law solicitor who can explain the court process, your non-court resolution options and the best strategy to deal with the accusations of alienating behaviour.

This strategy will depend on whether you are the parent of a stroppy teenager who doesn’t want to spend much time with either parent or a clingy two-year-old who likes their routine and home comforts or a football/ballet-mad eight-year-old who doesn’t want to miss out on matches or performances.

Whatever your family circumstances or child’s age our children lawyers can help you if you are a separated or divorced parent unable to agree on the parenting arrangements for your children and in a dispute over the reasons why a child does not want to spend time with one parent.

For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.