In the realm of family law, the well-being of children is paramount. When conflicts arise between fathers and mothers, particularly over contact arrangements, it’s crucial that our language reflects the reality and impact of these situations.
Traditionally, the term "parental alienation" was often used to describe scenarios where one parent deliberately distances a child from the other parent. However, this term has sparked controversy due to its potential misuse and the complexities it overlooks.
Why the Shift?
Complexity Over Simplification: "parental alienation: This term has been criticised for oversimplifying a wide range of behaviours and motives. It can unfairly stigmatise fathers and mothers who may have valid concerns about the child’s welfare, such as in cases of abuse.Sudden Severance of Child Contact: This term is more neutral and descriptive. It emphasises the action of cutting off contact, allowing for a broader investigation into the reasons behind it. It doesn’t assume ill intent and instead focuses on the impact on the child.
Focus on the Child’s Welfare: When the term "parental Alienation" is used, the focus can sometimes shift to the parents' behaviour rather than the child’s needs. This can lead to contentious battles that overlook what’s best for the child.
Sudden Severance of Child Contact: By focusing on the abrupt disruption of a child’s relationship with a parent or significant person, this term keeps the child’s emotional and psychological health at the forefront of any legal considerations which is the Family Courts; 'Paramount Principle' and duty.
How to Avoiding Misuse of Terminology
Parental Alienation: Unfortunately, this term has sometimes been misused to discredit valid concerns about a parent’s behaviour or to manipulate legal outcomes.
Sudden Severance of Child Contact: This approach avoids the loaded implications of “alienation” and instead addresses the reality of the situation—focusing on restoring the child’s well-being and normalcy.
Richard Alan Gardner (April 28, 1931 – May 25, 2003) was an American child psychiatrist known for his work in psychotherapy with children, parental alienation and child custody evaluations. Based on his clinical work with children and families, Gardner introduced the term parental alienation syndrome (PAS), which is now "largely rejected by most credible professionals". Gardner and his work have been criticised as a biased effort to justify the abuse of children, beginning with sexual abuse but now encompassing all forms of abuse. PAS has not been recognised by the American Psychiatric Association or any other medical or professional association, but its use in family courts has led to widespread dismissal of legitimate testimonies regarding abuse. Gardner also advocated against mandatory reporting laws for child abuse, against immunity from prosecution of individuals reporting child abuse and for the creation of programs with federal funding designed to assist individuals claimed to be falsely accused of child abuse. This is why in my professional and personal observations, we must discontinue using the ‘PAS’ terminology so that all children have access to justice, with safeguarding as the paramountcy principle.
Why Use Sudden Severance Child of Contact vs Parental Alienation?
Initially, the approach of the English courts had been ambivalent. In March 2002, Tony Hobbs JP Chartered Clinical and Counselling Psychologist wrote an article in Family Law stating that:
‘The current leading case in England and Wales is that of Re L (Contact: Domestic Violence); Re V (Contact: Domestic Violence); Re M (Contact: Domestic Violence); Re H (Contact: Domestic Violence)
‘The current leading case in England and Wales is that of Re L (Contact: Domestic Violence); Re V (Contact: Domestic Violence); Re M (Contact: Domestic Violence); Re H (Contact: Domestic Violence). This case relied heavily on a report by Sturge and Glaser ’Contact and Domestic Violence – The Experts’ Court Report’ [2000] Fam Law 615. The report was specifically written to address the issue of contact after domestic violence and, while generally of impeccably high quality, was seriously flawed in its review of Parental Alienation literature – dismissing Parental Alienation Syndrome outright. In the UK’s family court system Parental Alienation Syndrome, therefore, remains unrecognised and unaccepted, despite the fact that for several years it has been known that it may be of some influence in as many as 90% of all protracted family cases.’
He defined Parental Alienation Syndrome in the following terms: ‘One parent (of either gender) seeks to alienate their child(ren) from the other parent; this desire may be either conscious or subconscious. Severe PAS becomes self‑perpetuating: the child refuses contact with the alienated parent, having internalised a host of powerful negative messages from the alienating parent.’
What is Cafcass Response to Parental Alienation Syndrome ("PAS")?
Cafcass, the Children and Family Court Advisory and Support Service, who independently advise the family courts during children proceedings, have subsequently issued guidance stating that:
‘The definition of parental alienation itself as a concept in family court cases, its surrounding terminology and its scale remain under debate, meaning there is no clear data as to its extent. While there is no single definition, we recognise parental alienation as when a child’s resistance or hostility towards one parent is not justified and is the result of psychological manipulation by the other parent. It is one of a number of reasons why a child may reject or resist spending time with one parent post-separation.’.
Why This Matters?
We believe using the term "Sudden Severance of Child Contact” in family law provides a clearer, more accurate framework for addressing these sensitive issues as it moves away from potentially accusatory language and instead fosters an environment where the child’s best interests are the priority which then could assist the Family Court Judges during the fact finding stage, interweaving Evidence Law to assist in reaching the 'burden of proof' threshold test of over 51%, that the Judge believes 'more than likely did happen'.
This shift encourages courts, professionals, and parents to carefully consider the reasons behind contact disruption and to seek solutions that genuinely support the child’s long-term welfare. Which is always the 'paramountcy principle' of the Family Court, the children's wishes, feelings, needs, and long term mental and psychical welfare so that each child has the very best chance in life, to be the very best man and women then can be in the future.
How Can "Sudden Severance of Child Contact" Terminological Be Used?
In England, "Sudden Severance of a Child’s Contact" with a parent or other significant person is indeed recognised and taken seriously by family law. The Courts focus on the 'Welfare of the Child' as the 'Paramount Consideration' when making decisions about contact arrangements.
Key Points:
Best Interests of the Child: Under the Children Act 1989, the child's welfare is the court's primary concern. Courts consider the child's needs, including the importance of maintaining relationships with both parents unless there is a compelling reason not to do so.
Sudden Severance of Contact: If one parent unilaterally severs contact, the other parent can apply to the court for a Child Arrangements Order. The court will assess whether the removal of contact is justified or if it harms the child's welfare. Courts generally view ongoing contact with both parents as beneficial, except in cases of abuse or other serious concerns.
Court's Approach: The Court may investigate the reasons for the severance, including the child's safety and emotional well-being. They may involve CAFCASS (Children and Family Court Advisory and Support Service) to provide a report on the child's situation.
Urgency and Interim Orders: In cases where the severance is sudden and potentially harmful to the child, the court can issue interim orders to restore contact quickly while the case is fully considered.
Removes Parental Alienation Allegations: The concept of parental alienation, where one parent deliberately obstructs the child's relationship with the other parent, is increasingly recognised by Courts. If proven, Courts can take steps to remedy the situation, which may include changing the child’s living arrangements.
Legal Recourse: The affected parent can seek legal recourse through the Courts to restore contact, and if necessary, enforce contact orders if they have been breached. In summary, English family law recognises the serious implications of suddenly severed child contact and provides mechanisms to address it, always prioritising the child's welfare.
What Are The Rights of Children to Meaningful Contact: Legal Framework and Psychological Impact?
The legal system in England, guided by both national and international standards, recognises the fundamental right of children to maintain meaningful, loving contact with both parents. We shall outline some of the most important legal frameworks, relevant case law, parliamentary guidelines, family procedure rules, and medical evidence supporting the psychological harm caused by the "Sudden Severance of Contact. In my research, this is what I have found to be most beneficial when bring forward "Sudden Severance of Child Contact" terminology within your case.
Article 9: ("the UNCRC"), which the UK has ratified, emphasises that children should not be separated from their parents unless it is in their best interests. Specifically, Article 9 (3) states that children have the right to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.
Article 12: This Article underlines that children have the right to express their views in matters affecting them, including decisions about their contact with parents, and that those views should be given due weight in accordance with the child’s age and maturity.
Where Can UK Case Law Supporting Child Contact Rights Be Found?
'Re C (A Child) [2018] EWCA Civ 1305': In this case, the Court of Appeal emphasised the importance of maintaining a child's relationship with both parents. The Court held that contact should only be restricted if it poses a real risk of harm to the child, reinforcing the principle that the child's best interests include maintaining family relationships.
'Re L (A Child) [2019] EWCA Civ 2045': The Court reaffirmed the position that the severance of contact must be carefully considered and justified. The case stressed the importance of ensuring that any disruption to contact is in line with the child’s best interests and supported by evidence.
'Re M (Children) (Contact: Domestic Violence) [2005] EWCA Civ 180': This case highlighted that even in situations involving past domestic violence, contact should not be severed unless there is clear evidence that such contact would be harmful to the child.
Are There Any Parliamentary Guidelines and Family Law in the UK?
The Children Act 1989: (“the CA 1989”), is the cornerstone of child law in the UK, (“the CA 1989”) places the child’s welfare as the paramount consideration in any decision regarding contact. It encourages ongoing contact with both parents, recognising that such contact is generally in the child’s best interests unless there are compelling reasons to restrict it.
Family Procedure Rules 2010: (FPR) These Rules govern the procedure for family cases in England and Wales. PART 12 of the Rules deals with proceedings related to children, emphasising the need for timely resolution of contact disputes to prevent harm to the child. The Rules encourage courts to consider the impact of disrupted contact on the child’s welfare and to take swift action to restore appropriate contact where possible.
What About Psychological Impact of Sudden Severance of Contact: Medical Evidence?
Psychological and Developmental Impact: Numerous studies and medical journals have documented the negative impact of suddenly severed contact on children. Research indicates that children who experience abrupt loss of contact with a parent often suffer from attachment disorders, anxiety, depression, and behavioural issues.
Journal of Child Psychology and Psychiatry (2016): A study published in this journal found that children who experienced sudden separation from a parent exhibited higher levels of psychological distress, including symptoms of PTSD, than those who maintained regular contact.
American Psychological Association (APA): The APA has reported that children who lose contact with one parent are at greater risk of experiencing emotional and psychological harm, including difficulties in forming stable relationships in adulthood. The report underscores the importance of maintaining consistent, loving contact with both parents for healthy psychological development.
Journal of Family Psychology (2018): This study highlighted those disruptions in parent-child contact, particularly when abrupt, can result in long-term developmental issues. It emphasised that such disruptions undermine the child’s sense of security and can lead to difficulties in cognitive and social development.
What Is The Importance of Protecting Child Contact?
Harm Prevention: The legal and psychological evidence highlights the importance of protecting a child's right to meaningful contact with both parents. Sudden severance of this contact can have devastating effects on a child's mental health and development, making it crucial that the courts carefully evaluate any decision to restrict contact.
Legal Recourse and Best Practices: In cases where contact is at risk of being severed, parents are encouraged to document all efforts to maintain contact and to seek legal intervention promptly. Courts in England are guided by a robust framework that prioritises the child’s welfare, and maintaining a record of communication attempts can be crucial in ensuring that the child's rights are upheld.
The UK legal system, supported by international laws and medical evidence, strongly favours maintaining meaningful contact between children and their parents. Sudden severance of contact is recognised as potentially harmful, and the law provides mechanisms to protect against such disruptions.
By understanding the legal framework and the psychological implications, parents and legal professionals can better advocate for the child's best interests, ensuring that their right to loving, stable relationships is preserved.
Do You Have Tips for Maintaining Child Contact and Its Importance?
When direct contact with a child is challenging, it's vital to maintain a connection through alternative means. Consistent contact, even if indirect, reinforces the parent-child relationship and can be crucial in legal contexts.
Utilise Indirect Contact Methods:
Letters & Cards: Sending regular letters and cards can help maintain a sense of connection. These personal touches remind the child that they are loved and thought of, even when face-to-face contact isn't possible.
Gifts & Books: Sending small gifts or books tailored to the child's interests shows continued care and involvement. These items can be comforting to the child and remind them of the parent's presence in their life.
Photos: Sharing photos of your life or past memories together can help keep the bond strong. It’s a way for the child to feel connected to your world and preserve shared experiences.
Video Messages: If permissible, sending video messages can be a more interactive way of maintaining contact. The child can see and hear you, making the interaction more personal and engaging.
Establish and Stick to a Contact Schedule:
Consistency Is Key: Whether the contact is direct or indirect, establishing a consistent schedule is crucial. Regular communication helps maintain a stable relationship and shows the child that they are a priority.
Keep Detailed Records (Interweave Evidence Law): Document all attempts and actual contact, including dates, times, and the type of contact (letters, phone calls, etc.). This documentation can be critical if you need to demonstrate your efforts to maintain the relationship in court.
Communicate Through Appropriate Channels: If direct communication with the other parent is difficult, consider using a neutral third party, like a family member or a court-approved app, to facilitate the exchange of letters, gifts, or other items.
What Is The Importance of Maintaining Child Focused Contact?
Emotional Well-Being: Consistent contact, even if indirect, reassures the child that they are loved and remembered. It helps them feel secure in the relationship, even during periods of physical separation.
Legal Significance: Maintaining a record of consistent contact efforts can be vital in legal proceedings. Courts look favourably on parents who make every effort to stay connected with their child, and these records can be used as evidence of your commitment and the child’s continued relationship with you.
Foundation for Future Contact: Even if direct contact is currently limited, maintaining indirect contact keeps the door open for more regular or direct interactions in the future.
How Do I Respect the Child’s Responses?
Be Patient: Understand that the child may have mixed emotions about the situation. Continue your efforts without pressuring the child to respond if they’re not ready.
Adapt to Their Preferences: If the child shows a preference for one type of contact over another (e.g., they prefer receiving letters over phone calls), try to accommodate their wishes as much as possible.
Conclusion and Final Thoughts
The UK legal system, supported by international laws and medical evidence, strongly favours maintaining meaningful contact between children and their parents. Sudden severance of contact is recognised as potentially harmful, and the law provides mechanisms to protect against such disruptions. By understanding the legal framework and the psychological implications, parents and legal professionals can better advocate for the child's best interests, ensuring that their right to loving, stable relationships is preserved.
Maintaining contact with your child, even through indirect means, plays a crucial role in preserving your relationship and ensuring the child’s emotional stability. Regular communication and a clear contact schedule not only benefit the child but can also serve as important evidence of your ongoing commitment to their welfare in any legal context. As a woman and mother of three children myself, I have first hand experience of the complexities of trying to navigate through the labyrinth of family law, and having to endure the ongoing failures of family Court. However, I do have hope and belief that we have the very best laws, procedures in the World. I am confident that using these laws and procedures correctly, inspiring others to do the same can and will result in the Miscarriages of Justice to be corrected, so our children can come home.
As always, take what resonates and leave what does not. Please always seek independent legal advice.
Godbless,
Sian Gissing-McMeel
Trustee & Director