Parental Alienation

PARENTAL ALIENATION

Allegations of parental alienation are frequently made before, during and after family law proceedings involving children. This article does not attempt to cover all the issues when there is an allegation of parental alienation.

In a decision by the Full Court of the Family Court in June 2020, the Court was deciding whether it should make orders that 2 children, aged 12 and 8 years of age at the time of trial, should spend time with their father. The children refused to see their father and, by their words and actions, demonstrated that they would not tolerate any outcome from the proceedings other than being able to continue to live with their mother and not be forced to see their father.

The father alleged that the mother had undermined his relationship with their children. The mother alleged that she had supported the children dividing their time equally between her and the father for about 6 years since the parents had separated but the children were now opposed to spending time with him as a consequence of their experiences with the father.

The parents had different parenting styles.

The evidence of the single expert was that the eldest child’s adverse views of the father had been strongly influenced by the mother and he did not regard the eldest child’s threat of suicide if forced to see the father as being credible. The single expert opined the youngest child was being strongly influenced by both the mother and the eldest child. The single expert concluded that “limited weight” should be given to the children’s views.

Pittwater Family Lawyers aims for the negotiation and resolution of all parenting disputes without litigation. If there is an allegation of parental alienation, Pittwater Family Lawyers will seek the assistance of health professionals and family counsellors to avoid litigation and resolve the dispute. Kathy Chase will provide legal advice through Pittwater Family Lawyers (email: pittwaterfamilylawyers@gmail.com) while coaching and support will be provided by Kathy through Assisting Separated Parents (email: assistingseparatedparents@gmail.com).

Kathy can also be contacted on (02) 9918 6565 or 0418 285 307.