Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to ensure that the national rollout of the new child-focused family court model adequately identifies and responds to cases of parental alienation.
The Government does not recognise the concept of “parental alienation” and does not believe it is a syndrome capable of diagnosis. We are working with the Family Procedure Rule Committee to limit the instruction of unregulated experts, including unregulated “parental alienation” experts.
The Family Justice Council guidance on “Responding to a Child’s Unexplained Reluctance, Resistance or Refusal to Spend Time with a Parent and Allegations of Alienating Behaviour” provides a clear framework for assessing whether alienating behaviours are present.
The guidance clarifies that the child's perspective should be central, emphasising an understanding of their experiences and reasons for rejecting a parent. The guidance is clear that where the court finds that domestic abuse has occurred then the child’s rejection of the parent may be appropriate and justified.
The Child Focused Model prioritises early identification of risk and the voice of the child is amplified through a ‘Child Impact Report’. In addition, victims of domestic abuse are offered specialist support from an Independent Domestic Violence Adviser (IDVA), which includes the offer of in-court support.