Parental alienation: what Cafcass and the courts actually do

What "parental alienation" means in court

The Family Justice Council, whose December 2024 guidance is endorsed by the President of the Family Division, says "parental alienation syndrome" has no evidential basis and is considered a harmful pseudo-science^[9]. In Re C (2023) the President adopted the view that "parental alienation" is not a syndrome that can be diagnosed but a process of manipulation, and whether it happened is a question of fact for the court^[1].

So the courts and Cafcass talk about behaviours, not labels^[2][1]. Cafcass uses "alienating behaviour" for an ongoing pattern of negative attitudes and communication by one parent about the other that has the potential or intention to undermine or even destroy the child's relationship with that parent^[2]. The Family Justice Council defines Alienating Behaviours as psychologically manipulative behaviours, intended or not, that have resulted in a child's reluctance, resistance or refusal to spend time with the other parent^[9].

Where it is found, the Family Justice Council says the harm to a child can be significant and enduring, and Cafcass says it can damage a child's sense of identity and self-worth^[9][2].

Why domestic abuse is looked at first

Cafcass says the first step in understanding why a child is resisting a parent is to consider whether domestic abuse or other harmful parenting is a factor, and that the two can co-exist^[3]. The Family Justice Council says allegations of "parental alienation" are often raised in response to allegations of domestic abuse, which feature in at least 50-60% of private law children cases^[4].

The two are not treated as equal: the court's deliberations should begin with domestic abuse, and review the alienation allegations through that lens^[4]. Cafcass also says people who are abusive sometimes try to deflect blame by claiming the victim is alienating the child, when the child has reached their own conclusions^[3]. If you are not safe, see domestic abuse support; the support lines are at the end of this page.

What the court must find first

Under the Family Justice Council guidance, a court must be satisfied of all three elements before it concludes that Alienating Behaviours occurred^[4]:

• the child is reluctant, resisting or refusing a relationship with a parent^[4];
• that is not a justified response to that parent's own behaviour, and is not caused by something else such as alignment or attachment^[4]; and
• the other parent has behaved in ways that led to it^[4].

A child's refusal cannot on its own be evidence of manipulation^[4]. A parent who makes the allegation must prove it, with specific evidence, just as other abuse must be proved^[10].

If you have been accused

Protecting a child from abuse or harm cannot amount to Alienating Behaviours^[9]. Nor can a traumatic response to abuse by the other parent; the guidance says that too^[9][4]. The court must be cautious about a "default finding" that a parent who did not prove domestic abuse must therefore have alienated the child, and failed allegations of abuse are not alienating behaviour unless there is evidence the child was manipulated^[10].

Cafcass says children can make up their own minds about what has happened in their family^[3]. You can tell the court, and the Cafcass adviser, about your concerns for your child's safety; Form C1A is how you tell the court about harm^[15]. See when Cafcass recommend no contact.

Psychologists and experts

It is not appropriate for an expert to "diagnose" Alienating Behaviours: whether they happened is for the court to decide^[1][10]. Where an expert assessment is needed to help with the welfare decision, the guidance says it is likely to be by an HCPC-registered practitioner psychologist, not an academic psychologist^[10].