Parental alienation involves psychological manipulation where one parent encourages a child to reject or harbor negative emotions toward the other parent, often leading to lasting emotional consequences for both the child and the alienated parent.

An example of this can be where one parent consistently speaks negatively about the other parent in front of the child, portraying them as irresponsible, uncaring, or unfit, or in some circumstances, where one parent makes contact with another parent so difficult that the time between the other parent and child is not sufficient to maintain a healthy relationship.

Parental alienation does not encompass instances where a child decides to distance themselves from a parent due to their own experiences, such as witnessing family violence or having negative interactions with that parent.

Although the Family Law Act (1975) does not explicitly reference “parental alienation,” its fundamental principles are designed to address situations indicative of such behaviour. The Act has historically prioritised fostering “meaningful relationships with both parents” in the child’s “best interests,” which guides all family law proceedings involving children.

The Court has resources to address situations where a child’s relationship with one parent is being negatively impacted. These resources include:

• Imposing parenting orders: The court can mandate arrangements such as shared parenting, supervised contact, or gradual reintroduction of contact to address the alienation and promote the child’s relationship with both parents. In the most serious cases, where a child is being harmed by parental alienation, the court can Order the removal of the children from the care of the alienating parent.
• Soliciting expert testimony: When needed, the court may enlist impartial experts, such as psychologists, to evaluate family dynamics and offer suggestions for nurturing healthy parent-child relationships.

If you think your child might be experiencing parental alienation, it’s important to get legal and professional help to protect your child’s best interests. 

Note – while changes to the Act are set to commence on 6 May 2024; when determining the best interests of the child the Court will still take into consideration “the benefit to the child of being able to have a relationship with the child’s parents” and the “developmental, psychological, emotional and cultural needs of the child.”

If you would like a personalised assessment of your circumstances, contact us on 07 5609 4933 for a free initial consultation or book online https://www.ctlawyers.com.au/booking/