Should Parental Alienation Really Be Considered a Civil Matter?

Parental alienation involves one parent damaging the relationship between their child and the other parent.

This harmful behaviour can cause serious emotional and psychological issues for the child.

Family courts currently treat parental alienation as a civil matter, focusing mainly on mediation and custody arrangements.

However, this approach fails to effectively tackle the significant harm caused by such alienating behaviours.

This article thoroughly examines why parental alienation should be regarded as a criminal issue in family courts, especially given existing laws that already classify such actions as coercive control.

If you're an alienated parent and need help with your situation then you should join PAPA today.

At PAPA we have several free to use support spaces, as well as additional resources available to our Plus members, such as courses, PAPA AI, family law workshops and 1-2-1 help.

Understanding Parental Alienation

Parental alienation happens when one parent tries to undermine the child's bond with the other parent.

This can include negative comments about the other parent, limiting communication, or encouraging the child to avoid seeing them.

According to a study by the National Institute of Health, approximately 20% of children in high-conflict divorces may experience severe forms of parental alienation, resulting in long-lasting mental health problems.

The harm inflicted on children can be severe.

Research shows that children who undergo parental alienation are at a higher risk of developing anxiety and depression.

For instance, a study published in the Journal of Family Psychology found that about 40% of alienated children exhibited signs of significant emotional distress and had trouble forming healthy relationships as adults.

The Current Legal Framework

In the UK, family courts follow the Children Act 1989, which prioritises the child's welfare.

However, this Act does not explicitly define parental alienation as a criminal issue, leading courts to rely on mediation and guidance from social services instead.

This civil approach can create challenges.

Often, the signs of alienation are subtle and difficult to prove.

Consequently, many parents who engage in alienating behaviour escape accountability, leaving the victimised parent and child to suffer emotional trauma.

The Case for Criminalisation

Coercive Control and Emotional Abuse

Recent modifications in UK laws have recognised coercive control as a form of domestic abuse.

The Domestic Abuse Act 2021 describes coercive control as behaviours aimed at controlling another person, leading to fear for their safety or well-being.

Parental alienation fits this definition and is essentially an effort to control the child's connection with the other parent.

Labelling parental alienation as a criminal action would acknowledge the severe emotional abuse involved.

This could lead to stronger legal repercussions for parents who alienate, potentially leading to criminal charges.

Protecting Children’s Rights

Every child has the right to a relationship with both parents when it is safe.

The United Nations Convention on the Rights of the Child emphasises maintaining family ties and fostering relationships with both parents.

When a parent actively seeks to sever this bond, it infringes on the child's rights and negatively impacts their mental health.

Addressing parental alienation as a criminal matter would better protect children's rights.

It would send a strong message that alienating behaviours are unacceptable and will face serious consequences.

The Impact of Alienation on Families

Emotional and Psychological Damage

Parental alienation inflicts deep emotional scars on children.

They may feel confusing emotions, such as guilt, anger, and uncertainty about their loyalties.

These feelings often result in mental health issues like depression and anxiety.

At the same time, the targeted parent suffers as well.

They may experience feelings of helplessness and isolation in their fight to connect with their child.

The family court system, often unable to address the nuances of parental alienation, amplifies these emotions, resulting in distress for both children and parents.

Long-Term Consequences

The effects of parental alienation can last well into adulthood.

A study by the American Psychological Association found that adults who were alienated from a parent during childhood faced a 50% higher likelihood of facing issues in their relationships and emotional stability.

They may struggle with establishing healthy partnerships and effective parenting when their own children grow up.

Recognising parental alienation as a criminal issue can be pivotal in changing this cycle. Intervening early can help foster healthier family dynamics and better futures for children.

The Role of Family Courts

Current Limitations

UK family courts have faced extensive and prolonged criticism for how they manage parental alienation cases.

The reliance on civil solutions like mediation does not sufficiently address the underlying issues of control and manipulation.

Alienating parents can often continue their harmful behaviours without facing substantial consequences.

Moreover, the lack of standard protocols for identifying and handling parental alienation leads to inconsistent results.

Some children might be compelled to maintain contact with an alienating parent, while others are denied important connections with a nurturing parent.

A Call for Change

To effectively combat parental alienation, family courts need to adopt a more proactive stance.

This includes early identification of alienation signs and taking necessary actions to safeguard the child's relationship with both parents.

Treating parental alienation as a criminal act could convey a strong message that such behaviour is intolerable.

Training programs for judges and social workers about the intricacies of parental alienation would significantly improve case outcomes.

By equipping professionals with the skills to recognise and address alienating behaviours, family courts can better serve children's best interests.

A Strong Stand Against Parental Alienation

Parental alienation is a pressing issue with serious consequences for children and families.

Treating contact denial and alienation as civil matters fails to address the deep emotional and psychological impacts involved.

By recognising parental alienation as a criminal issue, family courts can more effectively protect children's rights and overall well-being.

Building on existing laws regarding coercive control, a shift toward criminalisation of parental alienation can hold offending parents accountable, dismantling the cycle of emotional abuse and fostering healthier family relationships.

It is crucial to take decisive action against parental alienation, prioritising children’s best interests in family law.

By doing so, we can create a legal system that acknowledges the gravity of parental alienation and actively works to prevent it, ensuring that children have the chance to nurture meaningful relationships with both parents.

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.