When considering children’s matters in legal proceedings a lot of thought is put into considering who the child or children should reside with. Issues arise nonetheless when the point of ‘Parental Alienation’ is raised by either parent. When alleged, the recent case offers guidance as to who should and can act as a court-appointed expert. Keep reading to find out more.
What is Parental Alienation?
It has been described to be, albeit there is no single definition, circumstances where there is an ongoing pattern of negative attitudes, behaviour and beliefs by one parent that has the potential or intent to undermine, obstruct and or influence the child’s relationship with the parent. As a result, it may contribute to one of the reasons that a child may resist and or reject spending time with one parent.
How Does The Court Deal With The Allegation of Parental Alienation?
The cases concerning parental alienation require for there to be ascertainment of whether there has been alienation at all. This is due to certain circumstances, for instance, if there has been a history of domestic abuse, there are many factors that influence how the parties involved respond. One parent may state that the rejection by the child is due to the actions of the other parent. Whilst the other parent may accuse the other of having alienated the child.
The matter of parental alienation is, therefore, a matter of fact, and it is for the Court to establish its existence. In aid of the determination of fact, the Court may instruct a psychologist to consider why parental alienation has been happening. Alongside, other evidence from the guardian, parents and Cafcass.
What is important, as with domestic abuse, is the particular behaviour that is found to have taken place within the individual family before the court, and the impact that that behaviour may have had on the relationship of a child with either or both of his/her parents. In this regard, the identification of ‘alienating behaviour’ should be the court’s focus, rather than any quest to determine whether the label ‘parental alienation’ can be applied. Paragraph 103
In his judgment, Sir Andrew McFarlane P focuses on bringing guidance to experts in such proceedings. The court has the discretion to appoint psychologists, but the court should determine that the individual has relevant psychological knowledge and training as per the guidance of the British Psychological Society (BPS). The matter of regulation of psychologists has raised some concerns when a psychologist is not registered with the Health and Care Professionals Council (HCPC).
In the judgement, the President guides experts:
- There is no definition of ‘expert’ in family proceedings. (Paragraph 87)
- The expert will only be permitted in children’s proceedings ‘…if the court is of the opinion that the expert evidence is necessary to assist the court to resolve the proceedings justly’ Children and Family Act 2014, s13(6)
- The generic label ‘psychologist’ is not protected and may be used by any individual, whether registered or not. (Paragraph 93)
- A psychologist’s CV should, therefore, prominently highlight whether they are HCPC registered or not. It is incumbent on an unregistered psychologist to assist the court by providing a short and clear statement of their expertise. (Paragraph 97)
- where the expert is un-registered, is for the court to indicate in a short judgment why it is, nevertheless, appropriate to instruct them. (Paragraph 98)
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