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Representing children in family court: parental alienation and contact arrangements

By Ruth Coneron

Published In: Child Care

Ruth represented the wishes and best interests of two brother through their Children’s Guardian. The children were making serious allegations against their father. The case was also complicated by one son having additional needs making the mother very protective of him. Before Ruth’s involvement the court had been unsuccessful in agreeing contact arrangements between the family.

children playing in garden blurred in the distance

Parental alienation

By the time Ruth was involved the boys hadn’t had any direct contact with their father for two years and the court proceedings had been ongoing for over a year. The Cafcass guardian had tried to agree contact between them but the allegations increased in severity and frequency. The court were concerned the mother was encouraging these allegations and if her opinions were influencing their behaviour.

Breakdown in contact between children and father

By the time Ruth became involved in supporting the children all attempts for the children to see their father at a contact centre had failed. The Guardian was extremely concerned about the children’s accusations and also whether the mother was coping. After the long battle they’d already been through, both parents were struggling with their mental health.

Support from a psychologist

To make sure the family had the most appropriate support Ruth instructed a psychologist to review the medical history and current state of mind of each person. This would also clarify if the mother was influencing the children’s views of their father. The mother was extremely anxious about the prospect of a assessment, but was persuaded by Ruth and the Guardian it was in her children’s best interest.

 

The psychologist findings were:

·       The children were experiencing confusion and sadness about the relationship with their father.

·       They had internalised their mothers negative views which had influenced their view of him.

·       The mothers views came from her own anxieties about his ability to care for the children.

 

The psychologist assessment was that the children’s estrangement from their father would lead to future issues, including:

·       Their sense of identity

·       A distorted view of family relationships, and

·       How to handle and resolve conflict.

 

To address the mother’s issues the psychologist advised her to start promoting more independence for the children. She recommended starting by positively promoting their relationship with their father.

After the assessments were completed, the family returned to court with Ruth conducting all advocacy at the court hearings.

Supporting the family through family discussions and contact

Following the report, the Guardian worked with the mother about how to promote the best interests of her children. She took on board the concerns raised about herself and agreed to work on her own behaviour. Her starting point was to begin actively promoting a relationship between her children and their father through family discussion. The discussions focused on sharing photographs and happy memories of their father and by letting the children know she was accepting of their relationship with him.

There was an immediate change in the children’s attitude to their father. Following this and discussions with the Guardian, Ruth was able to propose a structure for reinstating family time between the father and children which progressed very successfully.

A mutually agreed child arrangements order

At the end of the case, the boys were regularly and happily spending time with their father and his family. The mother accepted her own responsibilities in promoting the father’s relationship with the children and the need to continue this. She also understood that the children’s relationship with their father had to be prioritised over her own anxieties.

The Judge commended the parents for putting the needs of their children above their own and bringing the proceedings to a conclusion. The court made a final Child Arrangements Order providing for the children to live with their mother as was their wishes, and also continuing to use Ruth’s proposed schedule of contact for the children and their father with additional time included.

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Ruth has 25 years’ experience in children's law.  She is a Director at Switalskis and is Head of our Child Care law team based in Huddersfield.

Director and Child Care Solicitor

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