What can the Court do about Parental Alienation?
The starting point for the family court is that a child should be allowed to have a loving relationship with both parents and that is almost always in the best interests of the child. Only in exceptional circumstances should contact with a parent be terminated. As far as it is possible, family law judges are required to promote positive contact between parents and children and stopping contact will only ever be a last resort.
If contact between a child and a parent has been stopped without good reason, the court will want to resolve the matter and find out what has happened with a view to restarting contact because research has shown there can be lasting emotional and psychological harm to children who are the subject of parental alienation.
Each case of parental alienation is different, the court will look at the unique circumstances of the individual child when deciding how best to deal with the matter. The courts usually place some weight upon the wishes and feeling of the child involved in the family law proceedings. The level of weight usually corresponds with the child’s age and ability to engage in the process. This is often a real concern for alienated parents who are worried that the family judge will refuse contact because of the wishes of the alienated child.
What Orders can the Family Court make?
The family court has extensive powers, what is suitable will depend on the circumstances of the individual case.
The orders the court can make include:
- Order for contact.
- Attaching a penal notice to a child arrangement order warning a parent that they may be fined or sent to prison if they do not comply.
- Change the child’s primary residence from one parent to the other.
- Involve the local authority which may lead to care proceedings.
- Order that the child be separately or independently represented in the court proceedings.
- Order an expert assessment by a social worker, psychiatrist or psychologist.
- Request that therapeutic work take place for either or both of the parents, the child or the whole family.
- Send a non-compliant parent to prison.
Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.
