Thread by @DadswithKidsUk

Family Justice Council Report - my (balanced) summary. It has already been misquoted by various womens groups.
1/ The courts consider specific "alienating behaviours" like manipulation as the term "Parental Alienation" itself has become problematic (which we have known for a

2/ long time but it's become worse in recent years). It says 50 to 60% of private childrens cases including allegations of Domestic Abuse, which is a criminal offence, whereas alienating behaviours are harmful to the child (but not classed as a criminal offence).

3/ That means that at least 40% of applications don't include allegations of DA which is hopeful. But I wonder how they get those statistics - does it mean 50 to 60% accuse DA? Or does it include those found to be false?

4/It says that if findings of DA are found, findings of alienating behaviours won't be found. Which while it might sound reasonable, fact finds can be unreliable. It goes on to say that a child's rejection of one parent can be due to a number of factors -

5/ preferring one parent to the other, or circumstances around the marriage break up or not liking a new set up/partner/other children. That is not new and for a Judge to determine. But if alienating behaviours ARE found at magistrates level, the case MUST go to a DJ.

6/ ""Cafcass / Cafcass Cymru are not, however, arbiters of fact. It is a judicial function to determine the factual issues in the case" and at 43. "The court should be cautious about ordering a stand-alone ‘wishes and feelings"
report’

7/ Psychological manipulation of a child can be subtle and insidious but the parent accusing these alienating behaviours needs to be able to prove it (very difficult when no evidence allowed until final hearing or a fact find).

8/ This bit has been misquoted by those with an agenda - it says findings of alienating behaviour will be rare. That doesn't mean it is rare, it just means it's hard to prove without professional evidence. However proving it isn't always necessary. What helps is a good final

9/ order so the child has plenty of time with both parents and the impact of any alienating behaviours are then minimised and the child can have some normality and develop critical thinking skills, away from the abnormal behaviour.

10/ Not all alienation is claimed by a parent, knowing the courts see it as an allegation against the other parent - instead they focus on achieving a good order and stability for the child.

11/ Point 59 is problematic. It says there is no equivalence between DA and Alienating Behaviours.
DA is a criminal offence and both a parent .... and a child may be a victim. Whereas with Alienating Behaviours a
child will have suffered emotional harm." This minimises abuse.

12/ Psychological (& sometimes physical) abuse of a child to manipulate them is child abuse. The point is correct in that DA is criminal in the DA act whereas coercive control in the DA act doesn't apply to children - only adults. It is also problematic in that Family court is

13/ not a criminal court. Fact finds are on balance of probability and not proven to a criminal standard. It is unfortunate that the law does not make serious psychological abuse of children a crime, nor recognise it and physical abuse by a woman of a child is hard to prove.

14/ This also does not see that psychological abuse (as well as harm) of a child is also abuse of the other parent who has to see it and be powerless. So this element is problematic as it exonerates psychological abuse of children (while recognising that is indeed harm).

15) Point 64 makes clear that false allegations of abuse will not be deemed to be alienating behaviours. This is correct - it may involve witholding children but reintroduction can still occur. With alienating behaviours, a child is psychologically manipulated against the other

16/ parent. However the two can go in tandem but false allegations do not constitue alienating behaviours on their own. They do go unpunished however, having caused stress and harm to a child via separation from a parent.

17/ If making the analogy of criminal offences re DA - false allegations should also be classed as criminal offence. Another problematic area is - the court won't appoint experts unless absolutely necessary. How do you prove it's absolutely necessary when no evidence is allowed

18/ before final hearing or fact find - the expert is needed to provide the evidence! Without an expert, the only court guidance (when no evidence allowed at that stage) is Cafcass. And Cafcass are a problem - parents of both sexes say that. The court is then reliant on a

19/ Cafcass determination - which contradicts the idea that it is judiciary that make decisions, not Cafcass (but they only have a Cafcass report and no other evidence). Cafcass are expected to spot if there is "no known justification" of a child's rejection of a parent

20/ It is contradictory in places and goes on to say "It is well established in law that some parents manipulate their children, and this can include being manipulated to make false allegations in family law
proceedings, e.g., Re H (Children) [2014] EWCA Civ 733 (Parker J)"

21/Ultimately nothing has changed in my view. The term "parental alienation" has always been a "label" for various alienating behaviours but has become an unacceptable phrase. Psychological manipulation of children is minimised (even when it includes lies and brainwashing).

22/ The courts do accept that psychological manipulation of children is very harmful - but they sit on the fence as to what to do about it, while now, minimising the use of expert reports it seems, to prove it or make recommendations.

23/ Overall though this is very helpful guidance to Judges and Magistrates on how to deal with matters. In our experience, when both parents make allegations, Dad usually comes off worse with and order for no contact. Allegations are serious and need to be proved.

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