Alienation of a child from a parent in a custody dispute

It is often claimed, in bitter custody disputes, that one parent has alienated a child from the other parent. 

This results in a child not wanting contact with the other parent.

In the past, parents have instructed experts to comment on the alienating behaviour by the other parent.  Disputes between expert professionals have been common, especially when the parent accused of alienating behaviour instructs their own expert who says the opposite. 

The courts have been moving away from relying on expert evidence.  Instead, they have been making findings of fact as to whether one parent has caused the alienation, or whether the alienation has resulted from other causes.

Other such reasons might include a child not liking handovers, a child not being attached to one parent as much as the other, or a desire on the part of the child to live in one home only. 

If you feel that the other parent may be causing the alienation of your child from you, it is really important to get legal advice from a professional experienced in the area.

We strongly recommend that you do not make accusations of alienation before getting advice on how best to deal with the situation.

The court has tools to address potential alienation, including appointing a lawyer for the child, making orders about a parent's behaviour, and possibly even an order transferring the custody of a child from one parent to another.

Get advice first so you know your rights and options before you take any action.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.