In the UK, parents who are going through a separation or divorce could potentially be denied contact with their children if they try to turn them against their former spouse or partner.

The practice of one parent turning the child(ren) against the other, especially during litigation, is nothing new and happens in almost every jurisdiction. Parental alienation can be commonly defined as “when one parent attempts to exclude the child(ren) from the other parents life.”

The Children and Family Court Advisory and Support Service (CAFCASS) in the UK, which is similar to the Office of Children’s Lawyer in Ontario, has introduced a new process to give alienating parents the opportunity to correct their behaviour through concentrated therapy. Parents who do not respond will no longer be allowed to have their children live with them. Contact between the alienating parent and child may also be restricted or suspended for a number of months. In the most serious cases, the alienating parent may be permanently banned from contact with their child.

CAFCASS notes that alienation occurs in a significant number of the 125,000 cases they hear in the UK each year. They estimate it is present in 11-15% of divorces and separations involving children, and that 1% of children experience it in North America.

Sarah Parsons of CASCASS has said that this “new approach is ground-breaking,” and will assist parents and children, with the primary focus on allowing a child to avoid manipulation during the separation of a family.

This new approach is unlike the process that occurs in the United States and Canada. In these countries, “parenting coordinators” are used to assist between parents and children who are deemed alienated. In Mexico and Brazil, alienation of a chid is considered a criminal act.

The UK’s approach sets out guidelines for CAFCASS workers, known as “the high conflict pathway.” This itemizes the steps workers must take when suspected alienation is present. The pathway will also provide details and information on “when the child should be removed from the alienating parent and given to the “target parent””. These guidelines which will change how cases are dealt with in the Family Courts of England and Wales will also be considered by Judges, Experts, Doctors and Lawyers.

In addition to the guidelines, there will be a 12-week programme that will focus on helping abusive parents to break their behaviour patterns by putting them into the child’s shoes. If the parent fails to progress through the programme, experts such as psychologists and mental health experts will be called in and contact to the child will be limited.

To begin with, 50 high-conflict families will take part in a trial of this programme. If approved in the spring of 2018, it will then be standardised nationwide.

The main goal of this initiative is to “preserve the relationship with both parents,” said Parsons. It is often the child that is the victim in these alienation cases.

If successful, one hopes that an approach similar to that of CAFCASS can be trialed in Ontario before the end of 2018.

For any family law matters, please contact our family law group. For all other inquiries, please contact our office directly at 416-449-1400.

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”