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New Guidance on Parental Alienation in Family Court Cases
New Guidance on Parental Alienation in Family Court Cases
The Royal Courts of Justice have issued updated guidance addressing the contentious issue of parental alienation in family court proceedings. The new directive emphasises that it is inappropriate for experts alone to determine whether parental alienation has occurred. Instead, this critical decision will rest with the court, ensuring a fair and comprehensive evaluation of the circumstances.
Key highlights from the updated guidance include:
- Courts may involve psychologists to recommend solutions, but the ultimate determination remains with the judiciary.
- A child's rejection of a parent, on its own, is insufficient to confirm parental alienation. Instead, courts must evaluate whether this rejection is justified, possibly influenced by the parent’s behavior.
- Clear evidence of manipulation must be established before concluding alienation.
This updated approach aims to balance concerns about parental alienation with the imperative to prioritise allegations of domestic abuse. Advocacy groups and legal professionals have welcomed the move, highlighting the importance of ensuring that domestic abuse claims are not overshadowed by counterclaims of alienation. This new framework urges family courts to remain vigilant in protecting vulnerable individuals and upholding the rights of children.
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