Family Justice Council Guidance – December 2024

In December 2024, the Family Justice Council (FJC) released comprehensive guidance titled “Guidance on responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour.” This document aims to assist family judiciary and professionals within the Family Justice System in addressing situations where a child is hesitant or unwilling to engage with a parent, and where claims of alienating behaviour are present. A significant aspect of the guidance is its clarification regarding “parental alienation syndrome”.

Understanding Alienating Behaviours

The Family Justice Council underscores that there is no diagnosable syndrome of parental alienation and that alienating behaviours are actions—intentional or otherwise—by one parent that psychologically manipulate a child, leading to the child’s reluctance or refusal to spend time with the other parent. Such behaviours can cause significant and enduring harm to a child’s emotional, social, and psychological development. 

Definitions

As part of the guidance, the Family Justice Council have clarified certain terminology that can be used in the cases:

• Parental alienation syndrome – this syndrome has no evidential basis, and confirms the concept is harmful and exploited within family court cases. 
• Attachment, affinity and alignment (AAA) – a child may favour one parent over the other due to normal child responses to parenting experience, and not as the result of psychological manipulation by a parent.
• Appropriate Justified Rejection (AJR) – where a child’s rejection or reluctance to see one parent is an understandable response to that parent’s behaviour.
• Alienating Behaviours (AB) – defined specifically as ‘psychologically manipulative behaviours, intended or otherwise, by a parent towards a child which have resulted in the child’s RRR to spend time with the other parent’. This definition has two aspects that must be satisfied by anyone alleging Alienating Behaviours – firstly, the parent must show and evidence that the other has engaged in manipulative behaviour, and secondly that the behaviour has impacted on the child’s behaviour. There is a three-prong test that must be satisfied before a court can find that Alienating Behaviour has occurred.
• Protective Behaviours (PB) – where one parent engages in behaviour to protect the child from abuse or further harm as a consequence of the other parent’s abuse.
• Reluctance, Resistance and Refusal (RRR) – a child’s reluctance, resistance or refusal to see one parent. This may have a variety of causes and is not alone evidence of Alienating Behaviours.

Key Recommendations

The Family Justice Council’s guidance provides a structured approach for professionals when confronted with these complex situations:

• Early Identification: Recognise signs of alienating behaviours promptly to prevent escalation and mitigate potential harm to the child.
• Thorough Assessment: Conduct comprehensive evaluations to understand the underlying reasons for a child’s reluctance or refusal to engage with a parent.
• Child-Centric Approach: Prioritise the child’s welfare by ensuring their voice is heard and considered in all proceedings.
• Multi-Disciplinary Collaboration: Engage with various professionals, including psychologists, social workers, and legal experts, to develop a holistic understanding and response.
• Tailored Interventions: Implement strategies that address the specific dynamics of each case, recognising that a one-size-fits-all approach is ineffective.

Judicial Responsibility

The guidance reiterates that decisions related to allegations of alienating behaviour or domestic abuse are judicial functions. It serves as a reminder that such determinations should be made based on evidence and within the framework of the law, ensuring fairness and justice for all parties involved. 

Implications for Practice

For practitioners within the Family Justice System, this guidance offers a clear framework to navigate the complexities associated with a child’s resistance to spending time with a parent and allegations of alienation. By adhering to these recommendations, professionals can better safeguard the well-being of children and ensure that decisions are made in their best interests.

The Family Justice Council’s guidance provides essential direction for addressing the nuanced challenges of alienating behaviours and emphasises the importance of a child-focused, evidence-based approach in family law proceedings. It emphasises that the court is responsible for making fact find decisions on whether domestic abuse and alienating behaviours have occurred and to consider whether a specific fact finding hearing is ‘relevant, proportionate and necessary for the determination of the welfare issues’.

If you would like advice on a family law situation, please contact our Family Law team here