In recent weeks, the BBC has been examining stories of alleged traumatised women as part of a wider investigation into the way the family court handles domestic abuse claims in disputes between parents.
This has been accompanied by several news stories focused on a growing number of distraught mothers who say their children were permitted to spend time with their former abusive partners by the family courts in England and Wales. This has resulted in some mothers becoming seriously ill, in one case a mother is reported to have taken her own life. Several other women have effectively abducted their own children and fled abroad.
These cases involve applications to the family court by fathers who are seeking a Child Arrangement Order to either spend time with their child(ren) or have their child(ren) live with them. Contact arrangements will usually have broken down when the parties separated owing to alleged domestic abuse that in some cases includes both the mother and child(ren). The family court have a duty to explore allegations of domestic abuse; this will include enquiries with agencies such as the Police, Children’s Services and CAFCASS. However, in some cases a lack of evidence may result in the court being unable to make findings on the balance of probabilities against a father that he has behaved abusively. Many of the father’s involved may make counter allegations of parental alienation against the mother, leaving the family court in a challenging position trying to decipher what outcome would be in the child’s best interests.
What is Parental Alienation?
Parental Alienation (PA) refers to a situation in the parent with whom the child(ren) live with manipulates the child against the other parent, intentionally or unintentionally, resulting in the child’s refusal to spend any time with that parent.
PA can be especially difficult to prove as there is rarely direct evidence and yet the aggrieved parent must be able to prove that negative conduct towards the child is actually causing harm.
The cases illustrated by the press in recent news are likely to be matters in which the mothers involved have been unable to prove any or limited allegations of abuse against the father and in turn, the father may have established a case for PA. In such circumstances the family court has the authority to make an order compelling a mother to facilitate contact between the child(ren) and the father, often prompting a mother to go to extreme lengths to protect their children from a violent partner and further abuse.
This includes leaving family and friends behind and fleeing abroad with their children to face an uncertain future where they may have little money and no access to anything they left behind, whether that’s possessions or people. Occasionally they have also been faced with an arrest warrant. For other mothers, the concept of permitting their children to spend time with their father can result in deep anxiety and adverse mental health issues.
Family court
Press reports are not wholly reliable and may not include the full facts of each case. It is the duty of the family court to consider a child’s safety and wellbeing; taking into account what is in a child’s best interests is of paramount importance in all decisions made. A court will not make a decision that compromises a child’s safety based on the evidence available.
It must be recorded that there are genuine cases of PA involving mothers who have wilfully sought to damage a child’s relationship with their father irrespective of the emotional harm to the child.
These are complex cases in which legal advice is crucial.
What does the future hold?
Karen Brennan, Senior Solicitor in Alsters Kelley’s Family Department said. “Fortunately, the BBC made the Ministry of Justice (MoJ) aware of their findings and the government is now committed to investigating whether further action is needed on parental alienation. The judiciary has also issued new draft guidelines for consultation on handling parental alienation claims in domestic abuse cases. It is vital that we have clear boundaries in place to protect those who are victims of abuse from false claims of PA.”
Karen continues. “It’s too soon to know whether the guidelines go far enough but what is key is that there will be change coming, which is most welcome. It is essential that the courts protect those who are most at risk – children and of course their mothers as well.”
Karen concludes. “At Alsters Kelley we have many years of experience in dealing with traumatised parents and children. Our knowledge of family law and our experience of the family courts allow us to strategically manage your case and do our best for you. We are committed to helping parents get the outcome that they deserve.”
Support and advice
If you or someone you know has been affected by parental alienation, and needs specific legal advice then we offer a no obligation initial fixed fee meeting for £300 plus VAT (20%).
And thanks to our network of offices covering Coventry, Leamington, Nuneaton, Stratford-upon-Avon and Southam we are very accessible too.
Please contact Karen Brennan, Senior Solicitor at Alsters Kelley on 01926 356072 or email karen.brennan@alsterskelley.com for an appointment.
Call now on 01926 356 053 to book an initial consultation for £300 plus VAT to speak to one of our Family Law specialists.