Domestic Abuse Bill – Committee stage House of Lords

Oppose the amendment by Baroness Altmann, Baroness Meyer & Earl Lytton

Clause 1
Page 2, line 1, at end insert—
“( ) parental alienation;”
Member’s explanatory statement
This amendment and the other to Clause 1 in the name of Baroness Meyer is designed to
ensure that in cases where one parent alienates a child from their other parent, which harms
the child’s welfare, this is treated as a form of domestic abuse of the other parent

Page 2, line 10, at end insert—
“( ) “Parental alienation” refers to the situation where A, being one parent of a
child, acts in a manner or takes steps, deliberate or otherwise, so as to sever,
damage, hinder, delay, harm or otherwise negatively affect the child’s
relationship with B, being another parent of the child, thereby negatively
impacting the child’s welfare.”

Member’s explanatory statement
This amendment and the other to Clause 1 in the name of Baroness Meyer is designed to
ensure that in cases where one parent alienates a child from their other parent, which harms
the child’s welfare, this is treated as a form of domestic abuse of the other parent.

Women Against Rape & SNS say:

“Parental alienation” is not a form of domestic abuse but a misogynist theory and tactic used by domestic abusers to continue their reign of terror over women and children.  It originated from discredited US psychiatrist Richard Gardner who defended paedophilia and forcing children into contact with violent fathers.  It is widely regarded as junk science among academics and the American Bar Association, among many others.  

From our casework we see that mothers attempting to protect their children (and themselves) from domestic abuse are more and more frequently being accused of parental alienation by fathers, judges and by CAFCASS.  It is fast becoming the default argument of abusers against any mother who raises safety concerns. The misogynist fathers’ lobby claim that women and children lie about abuse, yet research shows that false child abuse allegations in custody cases are rare and most commonly come from anonymous reporters and non-resident parents (usually the father) rather than resident parents (usually the mother) and children (Trocme & Bala, 2005).  Parental alienation is an extension of the widely discredited myths that women commonly lie about rape.

The MOJ Review found:

“… an allegation of ‘parental alienation’ meant that the parent who is the subject of the allegation will be treated as an ‘alienator’, rather than as a protective parent with well-founded fears around abduction or violence.” Mothers say:
“I left an abusive relationship but I am still living in fear. I am being coerced by the family court system which is supposed to protect me and my two young children. My whole life is put on hold. I can’t plan the future for me and my children. I feel like a hostage because my passport and my children’s passports are seized. I have been called obstructive by the judge for making a statement to the police. I feel like a criminal because of father’s allegations of parental alienation and breaching court orders.”
“When a social worker told the children that the police could come and take them away from me because they refused to see their father, they were devastated. Whatever you think of me, why would you do that to children? You are breaking their spirit, making sure they are torn completely so that they submit . . . The father has done nothing to bond with the children – no birthday cards, no gifts, no maintenance . . .”

The authorities in Scotland recently resisted concerted attempts to add parental alienation into the new Scotland’s Children Bill. We understand from our network in Scotland that parental alienation is not used as widely as it is in England to misinform the family court and turn them against mothers who have suffered violence.