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’ GREAT....however: They will continue to use it anyway... BUT...this will now be based on the Domestic Abuse Commissioner’s much better RRR framework: This guidance will therefore refer to a child’s unexplained ‘reluctance, resistance and refusal’ to spend time with a parent (RRR)
‘Alienating Behaviours range in intensity and their impact on children, but these harms can be far reaching. They can affect a child’s emotional, social and psychological development.’ This is a false assertion. There is no child-study that evidences long term harm from ‘alienating behaviours’. The only studies that exist are based on retrospective studies with adults who already self-identify as ‘alienated’ The guidance at several points cites studies on alienating behaviours of children as harmful to them - there are NO child studies evidencing harm to children in existence - all the studies are on adults who self identify as alienated - you cannot use these studies to state there is harm to children. The guidance references Hine et al, a case in point espousing harm to children based on adult participants - proving our point
Moving on...’A court would therefore need to be satisfied that three elements are established before it could conclude that Alienating Behaviours had occurred: 1) the child is reluctant, resisting or refusing to engage in, a relationship with a parent or carer; and 2) the reluctance, resistance or refusal is not consequent on the actions of that parent towards the child or the other parent, which may therefore be an appropriate justified rejection by the child (AJR – see Glossary above), or is not caused by any other factor such as the child’s alignment, affinity or attachment (AAA – see Glossary above); and 3) the other parent has engaged in behaviours that have directly or indirectly impacted on the child, leading to the child’s reluctance, resistance or refusal to engage in a relationship with that parent.’
...more positives: ‘It is recognised that allegations of ‘parental alienation’ are often raised in response to allegations of domestic abuse. Concerns have been raised that allegations of Alienating Behaviours are used as a form of post-separation control/abuse, and as a litigation tactic to silence survivors of domestic abuse (both parents and children) and side-line their allegations and experiences of abuse and harm In light of their respective prevalence, and the relative harm to children and adult survivors, allegations of domestic abuse and ‘parental alienation’ cannot be equated. The risk, relevance and weight attached to ‘parental alienation’ and domestic abuse should not automatically be considered equal.’
Short summary of the 'alienating behaviours' guidance. Many positives for which we are grateful but much more to be done re CSA and training of judiciary. Ultimately, the courts require nothing short of overhaul. Let's hope this new guidance is used effectively to protect children and adult victims.
