Is the Family Court Fit to Protect Children in 2026?

The Family Court system is designed to protect children and ensure their welfare in complex family disputes.

Yet, growing concerns from parents, professionals, and adult survivors suggest the system may sometimes cause more harm than good.

This article explores whether the court truly reduces harm or unintentionally creates it, especially in cases involving high conflict and parental alienation.

If you are a parent currently going through family court, it is important that you join PAPA Plus and make use of our courses and other resources, including PAPA AI.

If you require direct assistance with your case, you can also book a call or one of our family law workshops with PAPA as a 'Plus' member.

The Reality of High-Conflict and Alienation Cases

Parental alienation often appears in court as a child’s rejection of one parent, but the system frequently reframes this as mere “parental conflict.”

This subtle shift can obscure the presence of manipulation or coercion by one parent against the other.

When courts strive for neutrality, they risk ignoring the power imbalances and emotional abuse that parental alienation entails.

For example, a child refusing contact with one parent might be seen as a natural outcome of parental disagreement rather than a sign of alienation.

This misunderstanding can lead to decisions that fail to address the root problem, leaving the child caught in loyalty conflicts.

Delay, Drift, and Developmental Harm

Family court proceedings often face chronic delays, sometimes lasting months or years.

These delays can seriously harm children by allowing false narratives to become entrenched and attachments to fracture further.

When courts maintain the “status quo” to avoid conflict, they may inadvertently reward behaviours that obstruct contact or encourage rejection.

Consider a case where a parent repeatedly blocks visitation.

The court’s slow response can mean the child spends critical developmental years away from one parent, deepening alienation and emotional damage.

The longer the delay, the harder it becomes to repair relationships.

Over-reliance on Reports, Under-protection of Relationships

The court depends heavily on reports from CAFCASS officers and other experts to understand family dynamics.

While these reports are valuable, they filter a child’s voice through adult interpretation, which can miss subtle signs of coercion or fear.

Children may comply outwardly during interviews but still feel unsafe or pressured.

This reliance on reports can mask the true emotional state of the child.

For instance, a child might say they want no contact with a parent during an assessment, but this may reflect fear rather than genuine rejection.

Without direct attention to the child’s feelings and relationships, courts risk making decisions based on incomplete information.

Risk Aversion Over Child Psychology

Courts often prioritise immediate calm and risk avoidance over the child’s long-term emotional health.

Allegations of abuse or neglect, even when unproven, can halt contact between a child and a parent indefinitely.

This cautious approach aims to protect children but can also cause lasting harm by severing important bonds.

The absence of trauma-informed and attachment-based frameworks means courts may not fully understand how separation and rejection affect a child’s development.

For example, a child removed from a parent due to unsubstantiated claims may experience confusion, anxiety, and loyalty conflicts that persist into adulthood.

Lack of Accountability and Oversight

False allegations and contact obstruction sometimes go unpunished in family court.

There are limited consequences when court orders are ignored, which can encourage alienating behaviours.

This imbalance leaves the alienated parent with few remedies and the child trapped in a harmful dynamic.

For example, a parent who repeatedly refuses court-ordered visitation may face little more than warnings, allowing the pattern to continue unchecked.

Without stronger accountability, the system struggles to protect children from ongoing emotional harm.

Family Court Secrecy and the Silencing of Harm

Family court proceedings often include reporting restrictions and confidentiality rules that prevent families from speaking openly about their experiences.

While intended to protect privacy, this secrecy can silence victims and prevent public understanding of systemic issues.

Families may feel isolated, unable to share their stories or seek support.

This lack of transparency also hinders learning and reform, as problems remain hidden rather than addressed openly.

The Child’s Brain as Collateral Damage

Prolonged rejection and loyalty conflicts have profound psychological effects on children.

The brain’s development depends on stable, loving relationships, and alienation disrupts this foundation.

Courts, by unintentionally reinforcing alienation dynamics, contribute to long-term emotional and mental health challenges.

Children caught in these situations may struggle with trust, self-esteem, and relationships well into adolescence and adulthood.

The emotional scars can affect education, social life, and future parenting.

What Fit for Purpose Would Actually Mean

A family court system that truly protects children would identify alienation patterns early and intervene decisively.

Timely action focused on preserving and repairing relationships is essential.

Decisions should be child-centred and informed by trauma and attachment science.

This approach means listening carefully to children’s voices, supporting both parents to maintain healthy bonds, and addressing manipulation or obstruction swiftly.

It also requires training for judges and professionals to recognise the complexities of alienation and its impact.

Protecting Children Requires Systemic Change

The Family Court system aims to safeguard children, but current practices often fall short.

Delays, over-reliance on reports, risk aversion, lack of accountability, and secrecy all contribute to unintended harm.

Children’s emotional well-being and relationships suffer as a result.

To truly protect children, the system must evolve.

This means prioritising timely, informed, and relationship-focused decisions that recognise the realities of alienation and conflict.

Only then can the court fulfil its promise of safeguarding children without causing hidden damage.

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.

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

We also have our 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.

We are currently prioritising PAPA Plus members due to high demand.

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

Become a PAPA Ambassador

If you like our resources, articles and 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, booking a case review, 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 makes a huge difference to the cause as it really helps us to improve our services and our awareness campaigns.

Proceeds from memberships and supply allow us to push the cause much further towards raising awareness and improving our services and resources so that we can continue to help more and more parents and children.

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