The Family Justice Council has today issued new guidance for family courts in England and Wales, aiming to reshape how disputes involving allegations of domestic abuse and "parental alienation" are handled, and seeking to curb the misuse of parental alienation claims in Children Act proceedings. This guidance comes at a crucial time, as it is becoming increasingly common for parents accused of abuse to counter with claims that the other parent has turned the children against them.

The new guidance is clear that domestic abuse should not be equated with parental alienation. It debunks the myth of a diagnosable "syndrome" of parental alienation, instead offering practical steps for cases where a child is reluctant or refusing to see a parent. It also tackles the complex interplay between allegations of alienating behaviour and domestic abuse, stressing the importance of untangling these issues and highlighting that false or unproven allegations of domestic abuse do not in themselves amount to alienating behaviour. The report emphasises that a child's rejection of a parent, and the reasons for it, must be thoroughly examined to determine if they are justified.

Expert reports are another focal point, with the new guidance providing advice about when and how to use experts in proceedings, making clear that determining parental alienation is the court's responsibility, not the expert’s. A notable case illustrating these issues is P v M & Others (2023), where the court had to navigate overlapping allegations of abuse and parental alienation, and the issue of an expert psychologist report.

Women's Aid has praised the guidance as a positive step forward and for many it will be a welcome development in family law.

If you require assistance with any of the issues mentioned above, please do not hesitate to contact a member of our family team.