Parental alienation occurs when one parent deliberately undermines the relationship between a child and the other parent. This can manifest through negative comments about the other parent, restricting contact, or false allegations. As families navigate the complexities of separation, the impact of parental alienation can have emotional and psychological effects on children and parents.
Legal Implications in Parenting Matters
In the context of family law in Australia, the first step to address parental alienation is through dispute resolution methods such as mediation or collaborative practice.
Mediation in family law offers numerous advantages that make it an appealing option for resolving disputes. It is generally more cost-effective than Court proceedings, reducing financial strain on both parties. Additionally, mediation often leads to faster resolutions, enabling tailored arrangements that suit the specific needs of the family.
Collaborative practice is a structured process in which parties enter into a collaborative participation agreement that outlines the nature and scope of their dispute. Each party commits to voluntarily disclosing all relevant and material information pertaining to the matter at hand. They agree to engage in good faith negotiations aimed at achieving a mutually acceptable settlement.
If the attempts at dispute resolution are unsuccessful, the alienated parent can issue proceedings in the Federal Circuit and Family Court of Australia. When determining any dispute about children, the Court must regard the best interests of the child as its paramount consideration. The Family Law Act 1975 provides guidance as to how the Court determines a child’s best interests. The Court must consider the following matters in determining what is in the child’s best interests:
- What arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect or other harm) of:
- the child, and
- each person who has care of the child.
- Any views expressed by the child.
- The developmental, psychological, emotional and cultural needs of the child.
- The capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional and cultural needs.
- The benefit to the child of being able to have a relationship with the child's parents, and other people who are significant to the child, where it is safe to do so.
- Anything else that is relevant to the circumstances of the child.
If it can be proven that there is evidence of family violence, including psychological harm in the form of parental alienation, then the need to protect the child will be the Court’s paramount consideration.
Parental alienation is a complex issue that requires careful consideration and intervention. Acknowledging its existence and understanding its implications is essential. With the right legal support, families can work toward rebuilding relationships.
If you have any queries in relation to the above, contact Swan Family Lawyers on 8227 1970 and we will be happy to assist you.