Legal Framework: Ireland & the UK
Parental Alienation (PA) and Alienating Behaviours are complex issues for family courts.
Judges and professionals must balance the child’s right to a relationship with both parents against the need for protection where harm or abuse may be present.
Both Ireland and the UK have published guidance and research to help courts and families navigate this sensitive area.
⚠️ Disclaimer
The information on this page is provided for educational purposes only.
It should not be taken as legal advice. Laws, policies, and court practices in Ireland and the UK may change over time, and while we aim to keep this content up to date, it may not reflect the most recent developments.
If you are involved in family proceedings or need guidance on your situation, please seek advice from a qualified family law solicitor or barrister.
Ireland: Research & Policy
- In 2021, the Department of Justice commissioned a Parental Alienation Research Report and Policy Paper.
- In 2022–2025, the Family Justice Strategy recognised PA as an issue requiring clearer procedures and professional training.
- In 2023, an Open Consultation on Parental Alienation invited input from families, NGOs, and professionals.
🔹 Current Approach
- Ireland does not recognise PAS (Parental Alienation Syndrome) as a clinical diagnosis.
- Courts instead focus on behaviours and the child’s best interests under the Guardianship of Infants Act 1964 and Children and Family Relationships Act 2015.
- Recommendations are being developed to:
- Provide early intervention in high-conflict cases
- Improve education for judges, lawyers, and social workers
- Ensure children’s voices are heard safely
England & Wales: Family Justice Council (FJC) Guidance (2024)
The FJC advises that:
- PAS (Parental Alienation Syndrome) should not be used—it lacks a scientific basis.
- Instead, professionals should consider whether:
- A child shows Resistance, Reluctance, or Refusal (RRR) to contact a parent
- There is no justified reason for this rejection (no abuse, neglect, or harm)
- There is evidence of Alienating Behaviours by the other parent
If all three elements are present, courts may recognise the case as parental alienation.
🔹 Cafcass (Children and Family Court Advisory and Support Service)
- Cafcass officers assess children’s welfare in court cases.
- They use the Child Impact Assessment Framework (CIAF) to explore reasons for contact difficulties, including possible alienating behaviours.
Scotland & Northern Ireland
- Scotland and Northern Ireland do not use “parental alienation” as a legal term but may consider alienating behaviours as part of broader welfare assessments.
- Northern Ireland research (Queen’s University Belfast) highlights how professionals perceive PA in private law proceedings.
Misuse of Alienation Claims
Courts in both Ireland and the UK caution that:
Allegations of alienation can sometimes be misused to deflect from genuine abuse or coercive control. Also, careful, evidence-based assessment is essential to avoid silencing children or endangering families.
⚠️ Disclaimer: This page and website is for educational purposes only and does not replace legal or psychological advice.
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