The Justice Plan 2023 and the Family Justice Strategy 2022-2025 both contain a commitment to make recommendations to address the topic of parental alienation, which may be described, very generally as:
- a process through which a child becomes estranged from a parent as a result of the psychological manipulation of the other parent, or;
- situations where one parent is wrongfully influencing their child or children against the other parent.
In order to enhance understanding of this complex issue, the Department of Justice commissioned research into the area in 2021. The Research Report can be found here: Parental Alienation - A Review of Understandings, Assessment and Interventions .
A public consultation was also held in May 2022, which presented an opportunity for individuals and organisations to offer their views on parental alienation. Over 450 responses were received.
Following analysis and consideration of both the research and consultation findings, the Department produced a policy paper (Parental Alienation - Policy Paper ) outlining how to address the matter. The paper makes the following recommendations:
1. Give priority to children’s voices being heard and considered by the court, and support them in their journey through the system.
2. Examine how expert reports are conducted, what they contain and how assessors are appointed. Provide additional training for those tasked with compiling assessments, particularly in relation to the dynamics of family breakdown.
3. Review assessment tools currently available to the courts, with a view to making recommendations to improve them, as well as identifying how to assist judges in considering issues on a case-by-case basis.
4. Support and extend family support services, including Alternative Dispute Resolution, and make them more accessible.
5. Improve the training and awareness amongst legal professionals and others involved in high-conflict proceedings to increase their understanding of concepts and descriptors associated with behaviours of parents and children in these situations.
6. Actions should be implemented with regards to establishing, and in some areas improving, data collection on family justice issues.
The Family Justice Strategy, which was published in November 2022, contains a number of actions which complement the areas identified in the policy review paper.
The Minister for Justice will engage with Government colleagues on this issue as work continues to implement the ambitious family justice reform programme.
