Challenges of Parental Alienation

Parental alienation is a serious issue that many parents face during divorce or separation. It occurs when one parent manipulates a child into developing hostile or negative perceptions of the other parent. This manipulation can be obvious or subtle. 

Overt alienating behaviors include one parent explicitly badmouthing the other to the child, preventing scheduled parenting time, or threatening to withhold affection if the child has a relationship with the other parent. 

Subtler forms of alienation might involve a parent constantly calling or texting the child during the other parent's time, or a new partner attempting to assume a parental role. 

The Court's Role and Response 

Courts take alienation seriously and have several tools to intervene. 

A court may issue a new parenting order that grants more time to the alienated parent. In severe cases, the alienating parent may lose most or all of their parenting time. 

Therapy can also help repair the relationship between a child and an alienated parent. This can be standard family therapy or, in more severe cases, reunification therapy, which is specifically designed to restore a damaged parent-child bond. Even when alienation has not occurred, therapy can provide assistance and a safe place for the parent and child to repair a broken or strained relationship. 

Courts may also order a parent to take educational courses, increase communication between the child and the alienated parent, or appoint a parenting coordinator to help resolve disputes. 

Proving Alienation in Court 

While alienation is a serious issue, proving alienation can be challenging. It is important to distinguish between alienation and the natural reluctance, resistance, or refusal (RRR) that children may show toward a parent due to the stress of a separation or divorce. While RRR can be a symptom of alienation, it can also stem from a child's own feelings of anger or sadness. 

The court will look for specific evidence that alienation is occurring, such as text messages, emails, or recordings of the alienating behavior. The court may compare the child’s past relationship with the parent to their current behavior. 

Accusations of parental alienation often become complicated when they are mixed with claims that one parent is unfit. A parent may be accused of alienating their child when their actions are a legitimate response to genuine concerns about the other parent's negligence. For example, a parent might restrict contact with the other parent because of real worries about the child's well-being. 

When faced with such a situation, the court must carefully determine if the concerns about the "unfit" parent are valid. Even if the concerns were not an intentional strategy to alienate the child, but were exaggerated or unfounded, a court might conclude that alienation occurred. This requires the court to distinguish between a parent’s legitimate protective actions and a pattern of behavior that unfairly and unnecessarily damages the child's relationship with the other parent. 

When evidence isn't conclusive, the court might make interim orders to gather more information or acquire greater perspective. 

Interim Orders to Collect Evidence 

The court may appoint a lawyer, or children's counsel, to represent the children's best interests. This counsel can speak directly with the children to understand their feelings and wishes, providing the court with an unbiased perspective. However, particularly for older or more mature children, it is important to remember that a child’s counsel's primary role is to advocate for the child’s stated wishes, which may not always align with the alienated parent's case. 

The court may also order a Practice Note 7 (PN7) or Practice Note 8 (PN8) assessment. These are extensive, court-ordered evaluations conducted by a qualified professional. A PN7 focuses on therapeutic interventions, while a PN8 is a more in-depth investigative assessment of the family situation. While expensive and time-consuming, these assessments can provide the court with crucial evidence of alienation. 

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Final Considerations 

Alienation is a complex issue with serious consequences. It can be difficult to prove and, once it occurs, can be hard to repair. A swift and strategic response is key. Raising the issue of alienation in court can be a lengthy and expensive process, but with the right legal guidance, you can work to stop and correct the behavior and begin the process of repairing the relationship with your child. At Stokes Law LLP, we have the expertise to help. 

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