Have a question?
033 3772 0409

Child Care Solicitors

Parental Alienation and Its Consequences: A Childcare Legal Perspective (19 November 2024)

Date: 19/11/2024
Duncan Lewis, Child Care Solicitors, Parental Alienation and Its Consequences: A Childcare Legal Perspective

Parental alienation occurs where one parent intentionally causes the relationship between a child(ren) and a parent to become estranged or limited. This is typically found following parental and family separation, often occurring when the parties are involved in legal proceedings in relation to disputes regarding child contact and residence.

There are various methods of parental alienation, including but not limited to, preventing contact, speaking negatively about a parent, undermining the shared parental responsibility, and creating harmful false narratives.

In some cases, particularly where domestic abuse and child abuse is involved, parental alienation may be seen as a protective measure. However, contact between both parents is encouraged unless there is clear evidence of harm. It is important to follow court orders and work openly with professions unless there is a genuine risk to the child(ren), in such cases, legal/professional advice should be sought.

 

The consequences of parental alienation

The emotional and psychological consequences of parental alienation on the child can be vast, causing responses of resentment, fear and hostility towards the parent. There can also be significant long term psychological damage whereby the child(ren) may have trust issues, attachment issues, or struggle to form healthy relationships. Children may feel a heavy burden of feeling like they must pick one parent over the other. Such emotional harm also extends to the estranged parent.  

 

The consequences on legal proceeding

If the family courts find that one parent is alienating another, the court may impose an order that favours the alienated party. Fundamentally, it is the approach of the court to consider the best interests of the child and act in a way which prevents emotional harm.

As a result, the court may order a change of residence or supervised contact. In more serious cases, a parent may be deemed to be in contempt of court, leading to fines or time in prison. Where there is a concern about the effects of parental alienation, the court may require counselling or therapy for the child. In relation to the parent, the court may order that psychological assessments are undertaken to determine parental capacity and suitability.

 

How to prevent parental alienation

It is important to not talk negatively about the other parent in front of the child or talk about any ongoing legal proceedings. Instead, the parents should use neutral language when referring to the other parent. This avoids the child being aware of any tension and prevents the child from feeling conflicted in relation to loyalty.

It is good practice to encourage a relationship between the child and the other parent. This is particularly important where there is a child arrangements order in place which orders contact with the other parent.

Maintaining good and clear communication is very important to prevent parental alienation. For example, if the child is unable to attend contact due to sickness or a holiday, it is good practice to inform the other parent as soon as possible. Many parents use parenting apps as a method of communication as they help avoid conflict by keeping conversations focused on the child. Ensuring that parental alienation does not occur helps to maintain the well-being of the child and prevents any court proceedings arising.

 

What to do if you are being alienated 

If you feel that you are being alienated by another parent it is important to avoid retaliation and maintain good communication with the other parent and child. It may be a good idea to document any examples of alienation e.g. cancelled contact. If the alienation continues we advise that you seek legal support and advice. Duncan Lewis Solicitors' family law team is renowned for its outstanding legal services, and is ranked top tier by The Legal 500 2025 guide, which highlights its dedication to client service.

If you need legal advice, support or assistance, call our team on 033 3772 0409.

 

About the author

Jade Whitelaw is a Caseworker in the Child Care department at Duncan Lewis, based in Birmingham. She advises and assists clients in both private and public children matters. She also advises people in relation domestic abuse issues including non-molestation orders and occupation orders.

For advice or assistance, contact Jade via email at jadew@duncanlewis.com

 

About our Family and Child Care Team

Duncan Lewis Solicitors

Duncan Lewis Solicitors, an award-winning law firm and the recipient of the Law Firm of the Year award at the Modern Law Awards 2023, is renowned for its exceptional legal services and dedication to social justice. With expertise in 25 diverse fields of law and a commitment to making justice accessible to all, our team of skilled solicitors ensures top-tier legal representation across the UK


For all Child Care related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Our Services
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.