Parental Alienation Explained: What the Family Court Looks For

When parents separate, it’s not unusual for emotions to run high. But sometimes, one parent may try to damage or break the relationship between a child and the other parent. This behaviour is known as “parental alienation”, and it can have serious emotional and legal consequences.

What is Parental Alienation?

In a recent decision of Green & Green [2024] FedCFamC1F 896, the three elements of “parental alienation” were identified as follows:

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

2. The refusal, resistance or reluctance is not consequent on the actions of the non-resident parent towards the child or the resident parent.

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

   
   

Here’s what each of them means in plain English:

1. The child doesnt want to spend time with the alienated parent

This could look like the child refusing to visit, saying they don’t want to talk to that parent, or becoming upset, angry or scared at the idea of seeing them. The key point is that the child is showing strong signs of not wanting a relationship with the alienated parent.

2. The child's rejection isnt due to something the alienated parent has done

The alienated parent hasn’t done anything harmful, or caused the alienation, yet the child is still refusing or reluctant to spend time with that parent.

3. The parent the child lives with has done or said things that caused the child to feel this way

This could be direct actions, like badmouthing the alienated parent, stopping or interfering with phone calls or visits, making the child feel like they have to ‘choose sides’, or coaching the child to say negative things about the alienated parent.

It can also be indirect, like being cold or dismissive when the alienated parent is mentioned, or rewarding the child’s rejection of the alienated parent.

Need Help with a Parenting Matter?

If you are concerned that you may be experiencing parental alienation, Moran Family Law can help. We provide specialist and tailored advice to you and your circumstances, with a clear strategy and pathway to move your matter forward.

Disclaimer: This article is for general information only and does not constitute legal advice. Every family situation is different. If you need advice about your specific circumstances, you should speak to a family lawyer. You can contact Moran Family Law for advice tailored to your situation.