The Family Justice Council has issued new guidance advising family courts in England and Wales to prioritise allegations of domestic abuse over claims of "parental alienation" in child custody disputes. This directive emphasises that domestic abuse is a criminal offence, whereas "parental alienation syndrome" is described as a "harmful pseudo-science" lacking substantial research evidence.
In family mediation, it's crucial to address any allegations of domestic abuse with the utmost seriousness, ensuring that the safety and well-being of all parties, especially children, are prioritised. Mediators must be vigilant and prepared to refer cases involving such allegations to appropriate services, and mediation may not be suitable in these circumstances.
While allegations of parental alienation (where one parent alleges that the other parent is manipulating a child against them) can arise in family disputes, the new guidance suggests instances of deliberate alienation are relatively rare. Mediators should approach such claims cautiously, focusing on fostering open communication and understanding between parents to serve the best interests of the child.
This guidance reminds courts of the importance of distinguishing between unverified concepts and substantiated issues like domestic abuse. Family mediation services play a vital role in navigating these complex dynamics, aiming to achieve fair and safe outcomes for families.
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