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New guidance published by the advisory Family Justice Council in England and Wales is urging family courts to prioritise allegations of domestic abuse over claims of “parental alienation”. These latter claims – often made by a father who claims the mother has manipulated their shared children against him – have been described as “harmful pseudo-science”. The guidance states that while “genuine” cases of such alienation exist, they are “relatively rare”. Over half of private law cases over children in England and Wales involve allegations of domestic abuse.
The guidance states that domestic abuse and “parental alienation” are not equivalent. It also calls for courts not to be reliant on psychologists in determining whether parental alienation has occurred, a responsibility that should lie with the court itself. The guidance further warns that a simple rejection of a parent by a child is not indicative of parental alienation and that courts need to establish whether justified, perhaps due to their own behaviour.
The Family Justice Council is made up predominantly of senior judges and lawyers. The council’s new guidance has been welcomed by some legal campaigners and charities, including Both Parents Matter (formerly Families Need Fathers), which cited concerns over allegations of parental alienation being a deliberate tactic in attempts to damage relationships between children and parents.
The guidance has also been criticised as not being child-centred enough, and for failing to reference issues of child sexual abuse
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