Parental Alienation: Family Violence?

Coercion of a child by a parent (or parental alienation) can vary in intensity, and the harm to the child can also differ depending on the child’s resilience. However, the controlling behaviours produce limited physical evidence which can be used to counteract the resulting views expressed by the children. That does not mean that the behaviours are not covered by the legal frameworks and practice in the running of family law matters.

Family violence

Family violence is defined within the Family Law Act 1975 as “violent, threatening or other behaviour by a person that coerces or controls a member of the person's family (the family member), or causes the family member to be fearful.”

While the definition can be read to limit family violence to only behaviour that coerces and controls or causes a person to be fearful, the Court in Pickford & Pickford [2024] FedCFamC1A 249 formed the view that a more expansive interpretation of the concept of family violence should be taken.

The Court addressed in Pickford that for family law purposes, it is the pattern of behaviours that should be considered objectively and the absence of intention by the perpetrator is not prohibitive of the conclusion of family violence. Their Honours additionally raised that while an objective consideration should be made, the perception by the victims of family violence is often informative as family violence is generally tailored to the individual, however perception alone should not be relied upon.

Perpetration of family violence against a child

Coercion of a child can be exhibited in minor ways, whereby the child is inclined to follow “the path of least resistance” and favour the perpetrator of family violence where they are granted more perceived freedom or security. Children are to equipped to deal with coercion as they do not yet have the skills.

The favouring of one parent can afford that parent undue influence over the child, and whether intentional or not can cause the parent to ‘weaponise’ the child against the other in ways which are typically outside the traditional introspection of ‘violence’ as a physical act. These tactics can take the form of the child being asked to ‘report back’ on the actions of one parent, with the child beginning to associate negative feelings towards the ‘rejected’ or ‘targeted’ parent as they feel they must monitor behaviours to continue with the ‘favoured’ parent. Cases such as Sanders & Sanders [2022] FedCFamC1F 213 exhibit instances where the children’s negative feelings toward the rejected parents result from a distinct lack of protection from the parental dispute. 

The coercion of the child through such behaviours, can lead to the child parroting the preferred parent’s narratives and even becoming fearful of the other parent without rationale. An expansive view of family violence, allows for the interpretation of alienation through such a lens where the child is coerced by one parent to be fearful of the other.

In such cases, obtaining the views of the child and their attitudes to both parents can be informative in practice to address the structures needed by the child to enjoy a meaningful relationship with both of their parents. Such structures can be as simple to implement as the parents undertaking educative post-separation programs to inform the consequences to the mental health of the child, and shared parenting arrangements where the changeovers between parents occurs at school or otherwise provides the child a period of separation from both parent to allow a stop-gap mental interval with the child.

Allegation as continuation of family violence against the parent

There is rarely a case where such allegations are made in a vacuum of other allegations of family violence or child abuse by the parents. Accordingly, before the allegation of parental alienation should be made, or considered, it must be addressed whether there is sufficient grounds in the circumstances to afford weight to the consideration.

Conclusion

An expansive view of family violences, allows for the consideration of coercion by a parent of the child in the context to which it directly relates. The manipulation involved can be unintentional, however the effect on the child remains the same and likely informs the child’s future mental health, their emotional development and their future relationship with their parents and extended family.

Our experienced team at Dorter Family Lawyers & Mediators can provide guidance tailored to your specific circumstances and help you navigate these situations. Give us a call on (02) 9929 8840 or send us a message here.