UK 2021: The use of parental alienation theory puts children at risk

In 2021 in the UK, the term “parental alienation” was removed from the official guidance for the Domestic Abuse Act. The main argument — as described in detail in the official document accompanying the revision of the guidance [1, 2] — is that from the moment the term parental alienation is introduced into a custody case, neither the reasons why the child refuses contact, nor, most importantly, the allegations of domestic violence, are examined with due care, as they are immediately labeled as false and the product of coaching. As a result, very often victims of domestic violence, parents and children, are afraid to report their abuse and are deprived of access to relevant victim support services.

Furthermore, the government document refers to research [3] showing that many false allegations of “parental alienation” are made and highlights the negative impact these allegations have on victims of domestic violence, as very often the effort of the safe parent to protect their child's interests is, through a strategic reversal of the allegation, characterized as abuse. This results in the child who is experiencing violence not being heard, and often being removed from the safe parent and forced to spend time with the parent they fear, putting their physical and psychological integrity at risk.

Research findings [4] show that when children resist contact with the parent they do not live with, they have valid reasons which must be examined very seriously, and that these reasons can never be explained solely as the result of manipulation on the part of the mother. Therefore, before the court takes draconian measures dismissing the child's wishes (who resists contact), it should very carefully examine all available information regarding the child's relationship with the non-resident parent, and ensure that no important parameter has been overlooked.

Beyond the risks for survivors of domestic violence, the government document also emphasizes that the terms “parental alienation” and “alienating behaviors” are widely disputed in terms of their validity and that there is no consensus regarding their definition and content, nor a common strategy for addressing them in the courts.

In Greece, various men's rights organizations, as well as supporters of “parental alienation” theory, are pressuring the Ministry of Justice in order for “parental alienation” to be included in the upcoming revision of the domestic violence law. Part of their strategy is to create a climate in the press and social media suggesting that most allegations of domestic violence and sexual abuse are false. This is of course an arbitrary assumption which also constitutes the basis of the theory of “parental alienation.” The supporters of “parental alienation” theory, precisely because they know that no official body recognizes this pseudoscientific belief system, and moreover because no statistical data exist, are fighting for its legislative recognition, so that they can manage to impose it, despite the lack of scientific documentation.

Footnotes

[1] Domestic Abuse Statutory Guidance

[2] Domestic Abuse Act 2021 Statutory Guidance Consultation Government response (also comments on the results of the public consultation on the subject which took place between 3/08/2021 - 14/09/2021)

[3] The research used in the official government report: Link to the research

[4] Excerpt from the research referenced in the document:
“Fortin, Hunt and Scanlan’s England and Wales retrospective study of grown-up children’s views of contact (2012) concludes that there was no evidence of children resisting contact entirely based on pressure from their mothers, but rather for the child’s own reasoning often attributing blame to the non-resident parent. Such attributions included a lack of parental interest, rejection by a new partner as well as practical factors such as distance and the non-resident parent’s work commitments. Hence, where resident parent manipulation was reported, Fortin et al assert that this was only in rare cases and primarily from young children. These findings suggest that before a court takes the draconian step of overriding a child’s wishes, the underlying cause of resistance should be very carefully explored to ensure that important information about the child’s relationship with the non-resident parent was not overlooked.”

[5] The official response of the British government explains why it does not intend to include “parental alienation” as a criminal offense in the domestic violence law. Link to the response

Bibliography | Sources

Domestic Abuse Statutory Guidance, Ministry of Justice, UK 2021 Link

Domestic Abuse Act 2021 Statutory Guidance Consultation Government response, Ministry of Justice, UK 2021 Link