Women’s Aid respond to the guidance on allegations of alienating behaviours, or ‘parental alienation’, published by The Family Justice Council.
Sophie Francis-Cansfield, Head of Policy at Women’s Aid, said:
“Allegations of alienation are used in the family courts to rebut, obscure, and distract from allegations of domestic abuse, with survivors being accused of ‘alienating’ when they raise concerns over the safety of contact between a perpetrator and a child, or when a child has concerns or fear about attending contact. The wishes, and safety, of children are often overlooked family court proceedings, despite the fact that those who have been in a domestic abuse setting are considered survivors in their own right under the Domestic Abuse Act (2021). Women’s Aid is pleased to see that in guidance published today, The Family Justice Council (FJC) have outlined that a child’s resistance or refusal to attend contact is not proof of alienation, and we welcome that the guidance notes reason, including domestic abuse, for why children might choose to avoid contact.
While the guidance from the FJC allows for increased agency of children who have experienced abuse and may not wish to have contact with the perpetrator, it has missed an opportunity to provide more information on the dynamics of these situations and the risks that both adults and children surviving domestic abuse face. An improved understanding of the context in which domestic abuse exists, would allow for better recognition of abuse allegations and ensure appropriate responses, centring the welfare of children in these proceedings.
While the guidance is a positive step in the right direction, we are concerned that it is not sufficiently child-centred, and that the wishes of children will continue to be overlooked in family court proceedings. It is also concerning that the guidance makes no reference to child sexual abuse.”
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