The Family Justice Council (FJC) has published guidance for Family judiciary, and those working in the Family Justice System, on responding to allegations of alienating behaviour.
The guidance, which is titled ‘Guidance on responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour’ (PDF), follows one of the largest consultations in the FJC’s history, with nearly 100 responses from individuals and stakeholders. We are grateful to all that provided responses.
In summary, the guidance:
- debunks myths that there is a diagnosable ‘syndrome’ of parental alienation and provides a helpful guide of important steps to follow where a child is reluctant, resistant, or refusing to see a parent.
- is a reminder that decisions of fact relating both to allegations of alienating behaviour or domestic abuse are a judicial function.
- tackles the difficult issue of allegations of alienating behaviour being made alongside allegations of domestic abuse, the impact on survivors and the importance of unpicking the complex interplay between these issues.
- centralises the voice of the child, putting children back at the heart of cases concerning them.
In the foreword to the guidance, the President of the Family Division of England and Wales, and Chair of the Family Justice Council, Sir Andrew MacFarlane, said: “The issue of parental alienation/alienating behaviours is a polarising one which has taken up much court time and public debate. The guidance note reflects the complexity and challenges of this area of family law. It has been long awaited.
“I approved this workstream for the Family Justice Council knowing how divisive this topic has become. In my view this guidance is required to ensure greater consistency of approach across the courts and to improve outcomes for children and families and to protect children and victims from litigation abuse. It has my endorsement and I encourage everyone working within the family justice system to read it carefully.”
Upcoming FJC publications
The FJC covers a broad range of topics and has been working hard to produce guidance on other key areas where needs have been identified within the Family Justice System. The FJC will be publishing the following pieces of guidance on its website over the next few months:
- Neurodiversity in the Family Justice System, guidance for practitioners.
- Covert Recordings in Family Law Proceedings Concerning Children: Family Justice Council Guidance.
- Updated Family Justice Council Guidance on “Financial Needs” on Divorce (Third edition).
- Family Justice Council Guidance on Procedures for Applications for Medical Treatment Orders in Relation to Children, and an Information sheet for families.
- Future guidance will be published on the Family Justice Council Resources and Guidance webpage.
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