In December 2024, the Family Justice Council released new guidance on responding to a child’s unexplained reluctance, resistance, or refusal (RRR) to spend time with a parent and allegations of alienating behaviour. While RRR has many potential causes, it has often been associated with Parental Alienation or, as the new guidelines describe it, Alienating Behaviour.
The guidance comes from one of the largest consultations in the history of the Family Justice Council, with 96 different responses. In the foreword of the thirty-page document, Sir Andrew McFarlane, President of the Family Division and Chair of the Family Justice Council, speaks to the reasoning behind the new language:
I approved this workstream for the Family Justice Council knowing how divisive this topic has become. In my view this guidance is required to ensure greater consistency of approach across the courts and to improve outcomes for children and families and to protect children and victims from litigation abuse.
Sir Andrew McFarlane, President of the Family Division and Chair of the Family Justice Council
What is Parental Alienation?
There is no statutory definition of Parental Alienation and it is now an outdated term due to its association with the pseudo-scientific term ‘parental alienation syndrome’. This syndrome is considered by the Family Justice Council to be a harmful term that can be exploited within family litigation. The term was created by Richard Gardner in 1985 and was based on his clinical observations and not scientific data. It is also not recognised by the World Health Organisation and therefore is not an accurate term.
What is Reluctance, Resistance, or Refusal?
Reluctance, Resistance, or Refusal (RRR) is a term referring to behaviours relating to the reluctance, resistance, or refusal o a child in their relationship with or spending time with a parent. Reluctance, Resistance or Refusal has various causes, one of which may be alienating behaviours, however, alienating behaviour is not the only cause. Alignment and attachment issues can result in RRR without any Alienating Behaviours being perpetrated by an adult.
Examples could include a child refusing face-to-face contact, a child refusing to engage with phone calls, a child asking a parent not to attend their extracurricular or academic events, or a child being unable to express positive feelings toward a parent.
An explanation of the Definitions & Language discussed within the new Guidance
The guidance goes on to define the following terms that are discussed over the course of the document:
- What is Attachment, Affinity and Alignment (‘AAA’)? – Attachment, affinity and alignment are reasons why children may favour one parent over another, or reject a parent, which are typical emotional responses to parenting experiences and not the result of psychological manipulation by a parent.
- What is Appropriate Justified Rejection (‘AJR’)? – Appropriate justified rejection is a situation where a child’s rejection of a parent is an understandable response to that parent’s behaviour towards the child and/or the other parent.
- What are Alienating Behaviours (‘AB’)? – Alienating behaviours are psychologically manipulative behaviours, intended or otherwise, by a parent towards a child which have resulted in the child’s reluctance, resistance or refusal to spend time with the other parent
- What are Protective Behaviours (‘PB’)? – Protective behaviours are behaviours by a parent towards a child in order to protect the child from exposure to abuse by the other parent, or from suffering harm (or greater harm) as a consequence of the other parent’s abuse.
- What is Reluctance, Resistance or Refusal (‘RRR’)? – Reluctance, resistance or refusal are behaviours by a child concerning their relationship with, or spending time with, a parent, which may have a variety of potential causes.
The change in language looks to aid the courts in deciding the welfare of the child by shifting the focus to the impact on the child, rather than the behaviour of the parents. Additionally, the guidance looks to, ‘inform the courts and professionals in the wider family justice system as to how allegations of Alienating Behaviours should be considered and responded to; recognising that they are allegations that can arise at different points in the litigation journey and are likely to be made alongside allegations of other harmful behaviour, including domestic abuse or other forms of child abuse.’
Why is Parental Alienation now called Alienating Behaviour?
The move away from the previously used language of ‘parental alienation’ comes in part because of the reference that is still made to the now-discredited ‘parental alienation syndrome.’ This syndrome is considered by the Family Justice Council to be a harmful pseudo-science that can be exploited within family litigation.
The guidance also contains a flowchart mapping the litigation journey overview where Alienating Behaviours are alleged, providing different pathways depending on if there are also allegations of Domestic Abuse.
Read the Family Justice Council Guidance on responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour – December 2024
What are the 3 Elements of Alienating Behaviour?
The new guidance lays out the three elements that need to be satisfied for a court to conclude that Alienating Behaviours had occurred:
- the child is reluctant, resisting or refusing to engage in, a relationship with a parent or carer; and
- 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), or is not caused by any other factor such as the child’s alignment, affinity or attachment (AAA); and
- 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.
All three elements must be satisfied for a court to conclude that Alienating Behaviours have indeed occurred. Therefore, if there is behaviour that does not result in RRR, but may be considered as bad behaviour, it cannot be considered Alienating Behaviour.
The guidelines also look to make clear that alignment and attachment issues can result in RRR without any Alienating Behaviours being perpetrated by an adult, and that a lack of clear explanation for a child’s RRR does not confirm exposure to Alienating Behaviours.
When should allegations of alienating behaviours be made?
The guidance asserts that it is important that allegations of Alienating Behaviours be made early on in proceedings. The document states that:
It is incumbent on the court to case manage robustly to avoid, whenever possible, Alienating Behaviours being raised as an issue for the first time late in proceedings. Where such allegations are raised after the initial stage in proceedings it is important that the case is allocated/re-allocated to a Judge if there appears to be a solid evidential base necessitating judicial determination of the issue.
Alienating Behaviour & Domestic Abuse
The new guidelines address Alienating Behaviour in the context of domestic abuse. They acknowledge that allegations of ‘parental alienation’ are often brought in cases of domestic abuse, and that there are concerns of these allegations being used as a ‘form of post-separation control/abuse, and as a litigation tactic to silence survivors of domestic abuse (both parents and children)’. The guidelines also make clear that domestic abuse and Alienating Behaviour should not be automatically considered equal. Domestic abuse is a crime with recognised harm and, as such, Alienating Behaviours will not be found in cases where findings of domestic abuse are made which have resulted in a child’s appropriate justified rejection (AJR), or in protective behaviours (PB) or a traumatic response on the part of the victim parent.
Conclusion
The new guidance stresses three major points: that the welfare of the child or children should be paramount, that there are numerous causes of RRR and therefore the presence of RRR should therefore not automatically mean the presence of Alienating Behaviour, and that the term ‘Parental Alienation ‘should no longer be used due to its common use in reference to disproven pseudo-scientific terminology.
Alienating Behaviour Frequently Asked Questions
Alienating Behaviour refers to psychologically manipulative actions by a parent that impact a child’s relationship with the other parent. “Parental Alienation,” once commonly used, is now avoided due to its association with the discredited “parental alienation syndrome.”
Courts assess whether the child’s reluctance, resistance, or refusal (RRR) to engage with a parent is caused by the other parent’s behaviour, rather than justified rejection, attachment issues, or other factors. All three criteria outlined in the guidance must be met for a finding of Alienating Behaviour.
Yes, allegations of Alienating Behaviour can influence custody decisions, but they must be raised early in proceedings and supported by evidence. The courts aim to ensure that any interventions prioritize the child’s welfare and well-being.
This article was written by Busola Oyenekan and Abbie Jarrett
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