Victims Of Abuse Or Accused Of Alienation? Unravelling The Complexities Of Domestic Abuse And Parental Alienation (13 March 2026)

In cases of Children Act Proceedings, particularly when domestic abuse is involved, it is not uncommon for the victimised parent to be accused of "parental alienation", the idea that they are turning the child against the other parent. This issue has been a subject of much debate in family courts. Understanding how domestic abuse can play into these accusations, and the importance of following clear legal guidance, is essential to ensuring that justice is served.

What is Parental Alienation?

Parental alienation refers to a situation where one parent, intentionally or not, influences the child to reject or distance themselves from the other parent. While this can sometimes be a legitimate issue, it becomes far more complicated when there are allegations of domestic abuse. In situations where a parent has been abusive, a child's reluctance to engage with that parent may not be alienation at all but rather a natural, justified response to trauma.

The 2026 Re Y Case: A Key Moment

The case of Re Y (Experts and Alienating Behaviour: The Modern Approach)[2026] EWFC, decided in February 2026, provided important clarification on this issue. The children had been removed from the mother's care in October 2019 and placed with their father, with no contact between them for five years. In this case, the court set aside previous findings that a mother had alienated her children against their father.

It emphasised that domestic abuse must always be considered before any allegations of alienating behaviours are investigated by professionals. This factual matrix will likely inform whether the child's rejection of the parent is a result of alienating behaviours, or a protective response to being exposed to abusive behaviours.

It reiterated that experts engaged in family court proceedings must be properly qualified with the Family Justice Counsel (FJC) advising that only psychologists who are registered with the Health and Care Professions Council (HCPC) or chartered by the British Psychological Society (BPS) should be involved in such assessments. Furthermore, it was the role of the court to establish facts, with experts to provide advice based on these facts.

Why Domestic Abuse Matters

The FJC has made it clear that before investigating any claims of parental alienation, the court must first consider if there is a history of domestic abuse. Domestic abuse can significantly affect a child's willingness to engage with the abusive parent, and this must be fully understood before determining whether alienation is at play.

The FJC outlines a process for identifying alienating behaviour, which requires three elements to be established prior to concluding that parental alienation has occurred:

1. The child is reluctant, resisting or refusing to engage in, a relationship with a parent or carer; and

2. The reluctance, resistance or refusal is not consequent on the actions of that parent towards the child or the other parent, which may therefore be an appropriate justified reject by the child, or is not caused by any other factor such as the child's alignment, affinity or attachment; and

3. The other parent has engaged in behaviours that have directly or indirectly impacted on the child, leading to the child's reluctance, resistance or refusal to engage in a relationship with that parent.*

The FJC Guidance: Protecting Children First

The FJC guidance stresses that parental alienation should not be considered if there are findings of domestic abuse. In such cases, the child's reluctance to have contact with the abusive parent is likely a justified response, not a result of manipulation. For example, a child who refuses to see an abusive parent is likely reacting to trauma, not conditioning from the other parent.

The FJC also highlights that experts should not be involved in determining whether alienation is happening until after the facts are clear. Experts should focus on helping the court understand the child's welfare, not on investigating the facts of abuse or alienation.

The Danger of Bias

The FJC warns against a risk known as "confirmatory bias," where experts may unintentionally focus only on alienating behaviour and overlook the role that abuse may play. This can lead to conclusions that are not in the best interest of the child. Experts need to approach these cases with a broad perspective, considering all factors, especially abuse. It remains essential that professionals involved in cases where parental alienation is being accused have a trauma informed awareness when assessing the validity of these allegations.

Protecting the Best Interests of Children

By prioritising the welfare of the children involved, courts can avoid misapplying the concept of alienation and ensure that decisions are made based on a thorough understanding of the facts. Ultimately, protecting children from harm and ensuring they have safe, supportive relationships with both parents, when appropriate, should always be the primary goal.