Parental alienation occurs when one parent influences a child to reject or fear the other parent without a legitimate reason. This behaviour can undermine or even sever a meaningful parent–child relationship, often creating long-lasting harm.
While the terms “parental alienation” and “parental alienation syndrome” are sometimes used in court proceedings or psychological assessments, it is important to note that it is not formally recognised in the Australian Family Law Act 1975.
However, the conduct associated with parental alienation may still be relevant in family law matters, particularly where it amounts to psychological harm, breaches parenting orders, or falls within the definition of family violence under section 4AB of the Family Law Act. In these contexts, courts focus on the best interests of the child, as outlined in section 60CC of the Act.
Understanding the impact on the alienated child and targeted parent
The effects of parental alienation can be profoundly damaging. For children, it can cause emotional distress, anxiety, depression, low self-esteem and a distorted view of one parent. It may also create loyalty conflicts and interfere with their sense of identity and stability.
For the alienated parent, the experience can be devastating. Emotional pain, frustration and feelings of helplessness are common, particularly when attempts to maintain contact are resisted by the child. The alienating parent may continue to reinforce the child’s negative perceptions, making reconciliation difficult without intervention.
In severe cases, parental alienation can escalate into false allegations of abuse or neglect. These claims, whether about child abuse or child sexual abuse, complicate matters further, often leading to lengthy litigation and, in some cases, criminal investigations.
Family law and parental alienation
While the term “parental alienation” does not appear in the Family Law Act, the behaviours it describes can be addressed under existing provisions.
The court may consider whether such conduct:
- Breaches existing parenting orders (section 70NAC)
- Constitutes family violence (section 4AB), particularly where the behaviour causes harm to the child
- Undermines the child’s right to have a meaningful relationship with both parents (section 60CC(2)(e))
If parental alienation is established as a factor in a case, courts may vary parenting orders, enforce compliance, or, in extreme circumstances, alter the child’s living arrangements to safeguard their welfare.
Managing the family court system
The family court process can be daunting, especially in matters involving alleged parental alienation. Parents often face intense scrutiny, detailed evidence requirements, and, at times, conflicting expert opinions. Legal representation is crucial in matters such as these, as there are complex dynamics in most cases involving parental alienation.
An experienced family lawyer can assist with:
- Gathering and presenting evidence of alienating behaviours
- Responding to allegations fairly and effectively
- Proposing parenting arrangements that meet the child’s best interests
- Engaging with court-ordered family reports or psychological assessments
In some cases, the court may recommend reunification therapy or family dispute resolution to restore the parent–child relationship, although such interventions require the cooperation of both parents.
Seeking support outside of legal avenues
Legal strategies are only part of the solution, and understanding parental alienation and its effects can help both children and parents involved. Emotional and psychological support is essential for both children and parents. Mental health professionals, such as child psychologists and family therapists, can help:
- Identify the signs of alienation
- Provide a neutral space for children to express their feelings
- Assist in rebuilding trust between the child and the alienated parent
Support groups, both in person and online, can connect parents who have experienced similar challenges, offering practical advice and emotional reassurance. Educational resources on child development and family dynamics can also assist parents in better understanding the situation.
Dealing with a former partner using parental alienating behaviours
When co-parenting with a former partner who may be engaging in alienating behaviours, open and respectful communication is vital, even if it is difficult.
Some strategies include:
- Using written communication tools (such as parenting apps) to maintain a clear, factual record
- Avoiding arguments in front of the child
- Keeping discussions focused on the child’s needs rather than personal grievances
If the alienation persists, seeking legal advice promptly can prevent further deterioration of the relationship between the child and the alienated parent.
Child’s behaviour and alienation
A child affected by parental alienation may display:
- Unjustified hostility or fear towards one parent
- Refusal to spend time with that parent without a clear cause
- Repeating negative phrases or accusations that appear to be learned rather than independently formed
It is essential to differentiate between justified estrangement due to genuine safety concerns and alienation driven by manipulation. Courts and professionals will examine the reasons behind the child’s behaviour before deciding on the most appropriate intervention.
Legal assistance and guidance
Making a parental alienation claim requires both legal and emotional resilience for a parent who is genuinely experiencing parental alienation, especially if they have become a ‘rejected parent’.
Family lawyers can:
- Provide clear advice on the legal process
- Prepare the necessary applications and affidavits
- Work with expert witnesses to present evidence
- Advocate for parenting arrangements that protect the child’s welfare
Parents should also be prepared for the possibility of cross-allegations, which can arise when one party claims alienation and the other alleges abusive or neglectful conduct. If the alienating parent has been abusive towards the targeted parent in the past, or a coercive control dynamic exists, the legal system may be very difficult to navigate.
The role of the legal system
The legal system’s primary role is to protect children and uphold their best interests. In suspected alienation cases, the court may:
- Order independent children’s lawyers (ICLs) to represent the child’s interests
- Direct family reports or expert psychological assessments
- Impose penalties for breaches of parenting orders, including fines or community service
While the legal framework does not explicitly name “parental alienation”, its principles are applied through broader provisions relating to family violence, child welfare and enforcement of court orders.
Coping with the impacts of parental alienation
Recovering from the effects of parental alienation can take time. For the alienated parent, self-care and maintaining hope are essential, even if progress is slow. For children, therapy and stable, loving environments are critical to reversing the emotional and psychological damage.
Parents may also need to manage the practical impacts, such as reduced contact time, changes in living arrangements, or the strain of ongoing legal proceedings.
Finding resources and support
Australian parents dealing with potential alienation can seek assistance from:
- Family Relationship Centres and Relationships Australia for counselling
- The Australian Psychological Society for registered child psychologists
- Practitioners and family dynamics therapists with a special interest in parental alienation
Access to these services can provide both practical solutions and emotional support.
Moving forward
Addressing parental alienation requires patience, persistence and a child-focused approach. While the legal system can intervene, the most sustainable outcomes often come from rebuilding trust and communication between parents and children.
Parents should:
- Remain child-focused in all decisions and communications
- Avoid speaking negatively about the other parent in the child’s presence
- Engage with support services early
- Seek legal advice before problems escalate
Conclusion
With the right combination of legal guidance, psychological support and cooperative parenting strategies, many families can work towards restoring healthy relationships and safeguarding children’s wellbeing. If you are experiencing parental alienation, get in touch with our team at Stewart Family Lawyers for a chat about how we can help.
