Family Proceedings

The Government does not recognise the concept of “parental alienation” syndrome and does not believe it is capable of diagnosis.

The family court is governed by the Family Procedure Rules (FPR) and associated Practice Directions. FPR 1.1 outlines the overall objective of these rules and makes clear that their purpose is to enable the court to ensure (amongst other things) that cases are dealt with “expeditiously and fairly” and that the “parties are on an equal footing” throughout proceedings.

The Government is enhancing transparency in family court proceedings to provide greater accountability, de-mystify legal processes and increase public confidence in the family justice system. Officials have worked with the judiciary to roll out new provisions relating to Transparency Orders, now applicable to all children’s cases in England and Wales. They provide a clear framework for reporting where a journalist or legal blogger has attended a family court hearing to ensure the identities of children and families involved remain protected.

The Family Justice Council published guidance on “responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour” in 2024. The guidance was endorsed by the President of the Family Division and makes clear that where there are findings of domestic abuse the victim cannot be found to have alienated the child from the other parent. Where an appropriate and justified reason cannot be found for a child’s rejection of the other parent the guidance provides a clear framework for assessing whether alienating behaviours are present.

Cafcass practitioners receive mandatory training on alienating behaviours. Cafcass’ training programme includes training on the domestic abuse practice policy (introduced in 2024) and on indicators of understanding why a child does not want to spend family time with a parent guide. This training makes it clear that the first step in assessing the reasons for a child not wanting to see a parent is to consider whether domestic abuse is a factor and to explore the pattern of behaviours through a trauma-informed lens.

The Government has not undertaken an analysis of the prevalence of “parental alienation” instances in the family court.