Parental Alienation in Private & Public Children Law - Case Law, Guidance & Practical Strategies

Introduction

Parental alienation remains one of the most complex and emotionally charged issues in family law, arising in both private and public proceedings. With no single accepted definition, and the concept often intersecting with allegations of domestic abuse, these cases demand a trauma-informed, evidence-led approach.

This virtual classroom seminar will explore key case law and best practice guidance, including that of the Family Justice Council, and provide practical strategies for identifying, managing, and responding to allegations of alienating behaviours. It will cover the importance of robust early case management, the role of fact-finding hearings, judicial continuity, and the delicate balance of ensuring children’s voices are heard without presumption or bias.

By attending this live session, you will have a clearer understanding of the legal framework, evidential challenges, and welfare considerations that underpin these difficult cases.

What You Will Learn

This live and interactive course will cover the following:

• Understand the concept of parental alienation:
• Explore the evolving definitions and complexity of alienating behaviours in law
• Recognise that true parental alienation is rare and often arises alongside other allegations (e.g. domestic abuse)
• Apply best practice approaches:
• Use trauma-informed practice when handling emotionally charged cases
• Adopt a forensic, evidence-led approach from the outset
• Use of the Family Justice Council guidance:
• Understand the significance of the FJC guidance endorsed by the President of the Family Division
• Learn how to apply the guidance to ensure consistency and improve outcomes
• Early and robust case management:
• Importance of early triage and judicial continuity
• Risks and consequences of late-stage alienation allegations
• When and how to conduct fact-finding hearings:
• Criteria for when fact-finding is necessary, proportionate, and relevant
• Clarify that only the court, not experts, can determine whether alienating behaviours have occurred
• Legal tests the court must consider:
• Identify and assess the three core elements of alienating behaviour
• Explore relevant case law (e.g. Re C, Re H, Re L) and their implications
• The court’s approach to expert evidence:
• Understand that ‘parental alienation’ is not a diagnosable syndrome
• Role of experts in assisting with welfare outcomes only, not making findings
• Welfare and decision-making post-findings:
• How to structure welfare evaluations and apply the welfare checklist
• When to consider transfers of residence or involvement of local authorities (e.g. s.37 Children Act 1989)
• Voice of the child:
• Importance of child participation and careful interpretation of their wishes and feelings
• Risks of misinterpreting children’s language or dismissing their perspectives
• Practical tips for practitioners:
• How to prepare statements and interim measures
• Role of therapy, family assessments, and support in rebuilding relationships
• Realistic outcomes and limitations:
• Acknowledge that not all cases will result in successful reunification
• Recognise the long-term impact on children and families, even with intervention

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.