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Is Parental Alienation a Crime?

Writer's picture: PAPAPAPA

While parental alienation is unquestionably a crime of morality, it's important that it's recognised as a criminal offence due to the severe damage it causes to those involved.


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Parental alienation is a compelling issue that often arises in custody disputes and family law cases.


It involves a scenario where one parent intentionally disrupts or harms the relationship between a child and the other parent.


This article explores the legal implications of parental alienation in the UK, investigating whether it constitutes a criminal offence and how it intersects with related criminal behaviours, such as coercive control and non-accidental injury to a child.


Understanding Parental Alienation


Parental alienation can manifest in various ways, from subtle actions to blatant hostility.


For instance, one parent might discourage the child from spending time with the other parent by making negative comments.


Research indicates that approximately 80% of children experience some form of parental alienation during high-conflict divorces, which can lead to long-lasting emotional and psychological harm.


The legal ramifications of parental alienation are significant.


It raises questions about whether these actions should be classified as criminal or addressed within family law, where children's welfare is the primary focus.


Is Parental Alienation a Crime?


In the UK, parental alienation is not specifically designated as a crime.


Instead, existing laws focus on child welfare.


However, some behaviours associated with parental alienation can breach UK laws.


For instance, if actions taken by a parent result in emotional distress to the child, they may violate child protection laws.


Family courts often take steps to counter the effects of parental alienation when it threatens a child's relationship with the other parent.


Interventions can include parenting orders or supervised visitation to help restore the child's emotional health and maintain their connections.


While parental alienation itself has no clear crime classification, the resulting behaviours can lead to criminal actions that harm the child or infringe on the other parent's rights.


How Parental Alienation Can Be Considered a Criminal Offence in the UK


Though not formally recognised as a crime, specific behaviours linked to parental alienation may qualify under existing criminal laws.


Two notable examples are coercive control and non-accidental injury to a child.


Coercive Control


Coercive control is a series of controlling behaviours that significantly impact a victim's daily life.


This can include threats, intimidation, or manipulation aimed at restricting another's choices.


For example, if a parent frequently engages in actions that limit the child's contact with the other parent, it may exemplify coercive control under the Serious Crime Act 2015.


Studies show that 30% of parents experiencing parental alienation report feeling threatened or unsafe due to their ex partner's behaviour.


Non-Accidental Injury to a Child


Non-accidental injury, often referred to as child abuse, involves intentional harm inflicted on a child.


If parental alienation leads to emotional or psychological harm, it may come under scrutiny through child protection laws.


The emotional distress experienced by a child facing parental alienation can result in significant mental health issues, with nearly 40% of affected children developing long-term psychological conditions like anxiety or depression.


In both cases, legal implications extend beyond family law and touch on criminal law, complicating the legal landscape surrounding these issues.


Steps to Take to Prove Parental Alienation Applies to These Offences


If you suspect that parental alienation is occurring and wish to pursue legal action, gathering thorough evidence is essential.


Here are some actions to consider:


  1. Document Behaviours: Create a detailed account of events showcasing alienation, including direct quotes from the child or the alienating parent.

  2. Seek Professional Evaluation: Engage a mental health professional to assess the child's situation and document their emotional state.


Effective documentation is crucial in emphasising the harmful effects of parental alienation, allowing for a more significant legal recognition of both the parent and child’s experiences.


The Importance of Making Parental Alienation a Criminal Offence in Its Own Right


Recognising parental alienation as a criminal offence would significantly impact family law and child protection in the UK. Doing so could lead to several benefits:


  1. Greater Awareness and Prevention: Establishing parental alienation as a crime would heighten awareness of its impact on families and promote preventative measures.


  2. Stronger Legal Protections: Explicit recognition would offer families experiencing parental alienation stronger legal recourse and facilitate timely interventions by the authorities.


  3. Support for Affected Children: Legal acknowledgment could enhance support systems for children affected by these issues, focusing on their psychological and emotional well-being.


  4. Guidance for Courts: Defining parental alienation as a standalone crime would provide courts with clearer guidelines for protecting children from harmful behaviours.


  5. Empowerment for Victims: It would enable parents who experience alienation to seek justice more easily, alleviating their sense of isolation during such conflicts.


While the current legal framework offers avenues for addressing parental alienation-related concerns, establishing it as a distinct offence could provide clarity and necessary support for countless families.


The Path Forward for Family Law and Child Protection


Parental alienation presents a multifaceted challenge within family and criminal law in the UK.


While it lacks a specific crime classification, associated behaviours can lead to significant legal implications.


Awareness of the implications of parental alienation is essential for parents and legal professionals alike.


Advocating for a legislative shift to recognise parental alienation as a distinct criminal offence could bolster legal protections for both parents and children impacted by these behaviours.


By highlighting the importance of addressing parental alienation within the legal framework, stakeholders can work towards enhancing children's rights and establishing more equitable family dynamics in custody disputes.


At PAPA we are constantly pushing for legislative change to enable equal parenting opportunities as well as make parental alienation a criminal offence in its own right.


We have joined forces with the recently formed Nathan Sterling Initiative to ensure that we can continue to push for this important legislative change.


In need of help or support?


If you are an alienated parent reading this article and feel you are in need of help and support then please make sure to join PAPA today by signing up here on our website, completely free.


This will give you access to our community support forum as well as our Resource Centre, which includes free downloadable guides to help through the process of being alienated and regaining contact with your children.


We also have a free to use Facebook support group that you can join here.


Our Facebook support group has several dedicated chat rooms where you can get immediate support.


If you are a member of PAPA you can also send us a message here on the website and we will try to get back to you as soon as possible but please bear in mind, we have hundreds of messages weekly so it may take us a while to get back to you.


Regardless of circumstance you are not alone and at PAPA we are here to support you.


Become a PAPA Ambassador


If you like our free resources, articles and our support networks and agree with what we stand for then why not get involved and help us push PAPA further by joining our Ambassador Program?


We would love for you to join us and help spread awareness for parental alienation and all of the dynamics involved so that we can continue to help parents and children towards a better future.


Our Ambassador Program allows you to grow your involvement with the cause by earning points on your membership.


To earn points we have created rewards for actions such as completing one of our courses or ordering supply.


We will be adding new rewards and actions to our Ambassador Program as we continue to grow our awareness efforts.


We want our members to feel rewarded for their support as we continue to look for new ways to improve the lives of those impacted by parental alienation.


You can also become a PAPA Plus member, which will give you exclusive access to even more help and resources.


Each PAPA Plus membership allows us to raise funds to help improve our services and our awareness campaigns.


Proceeds from memberships and supply go towards raising awareness and improving our services and resources.


Thank you for reading and for your continued support of PAPA and our mission to end parental alienation.

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© 2022 by People Against Parental Alienation. Created by Simon Cobb.

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