Parental alienation is not a distinct, diagnosable syndrome, the Family Justice Council (FJC) insisted in a recently published report.
The term ‘parental alienation’ refers to the commonly made claim that one member of an estranged or divorced couple has discouraged the children from wishing to visit or see the other, by discussing them in negative terms or simply by exerting emotional pressure. Parents on the receiving end, typically fathers, claim parental alienation is often motivated by a desire to gain the upper hand in the divorce negotiations or to exclude them from family life, and sometimes simply for revenge.
A syndrome?
Estimates of the number of family court cases involving allegations of alienation range as high as 70 per cent, and many such claims have revolved around the idea that reluctance to see a parent following separation is a clinically recognisable syndrome.
But parental alienation is a contentious issue, with opposing campaigners saying such claims are frequently used by abusive fathers to maintain access to children and exert control over their ex-wives. Unlike alienation, domestic abuse is a crime. Cases dogged by claims and counter-claims can become highly emotive and fraught, dragging on for years at great expense and causing emotional harm to the children caught up in them.
Now the FJC has firmly dismissed the claim that parental alienation is a distinct syndrome, declaring in its new report:
“For the avoidance of doubt, the Family Justice Council (FJC) recognises that ‘parental alienation syndrome’ has no evidential basis and is considered a harmful pseudo-science. Concepts of ‘parental alienation syndrome’ and ‘parental alienation’ are increasingly exploited within family litigation.”
The voice of the child
It also insists that arguments over the existence or otherwise of parental alienation can overshadow the views and perspectives of the affected children themselves:
“These highly emotive tensions serve to polarise opinion in a way that is often counterproductive to the best interests of children, and which shifts the focus away from the voice of the child.”
The FJC emphasises the importance of a judge’s assessment when a parent makes allegations that a child has been alienated, or the child expresses reluctance to see the parent. But court decisions must, it says, be based on the views and experiences of the children in each family.
The Council’s ‘guidance note’ was compiled for lawyers working with the family justice system. It has the lengthy title Guidance on responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour. The guidance note was based on the close to 100 responses received by the FJC in response to an initial consultation – more than any previous project.
The Family Justice Council is an independent advisory body operating under the Courts and Tribunals Judiciary, monitoring the effectiveness of the family law courts and making recommendations for reform.
President of the Family Division
Sir Andrew MacFarlane is both President of the Family Division of England and Wales and Chair of the Family Justice Council. He explained:
“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.”
Sir Andrew continued:
“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.”
The Family Justice Council guidance on allegations of alienation is available in pdf format here.